[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ Senate Amendment 001 ]||[ Senate Amendment 002 ]|
90_HB0593enr 40 ILCS 5/3-109 from Ch. 108 1/2, par. 3-109 40 ILCS 5/3-109.1 from Ch. 108 1/2, par. 3-109.1 40 ILCS 5/3-110 from Ch. 108 1/2, par. 3-110 40 ILCS 5/3-110.7 new 40 ILCS 5/3-111 from Ch. 108 1/2, par. 3-111 40 ILCS 5/7-109 from Ch. 108 1/2, par. 7-109 40 ILCS 5/7-139.9 new 30 ILCS 805/8.21 new Amends the Illinois Pension Code to allow active members to transfer credits between downstate police pension funds. Requires payment of any resulting additional cost to the fund. Allows a person with less than 8 years of creditable service to receive a retirement pension from a police pension fund, if the person has at least 8 years of credit in another police pension fund and is receiving a retirement pension. Allows reinstatement of service terminated by refund. Allows chiefs who have elected to participate in IMRF to rescind that election until January 1, 1999 and to transfer certain credits back to the police pension fund. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB9001461EGfg HB0593 Enrolled LRB9001461EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Sections 3-109, 3-109.1, 3-110, 3-111, 7-109, and 9-179.3 and 3 adding Sections 3-110.7 and 7-139.9 and to amend the State 4 Mandates Act. 5 Be it enacted by the People of the State of Illinois, 6 represented in the General Assembly: 7 Section 5. The Illinois Pension Code is amended by 8 changing Sections 3-109, 3-109.1, 3-110, 3-111, 7-109, and 9 9-179.3 and adding Sections 3-110.7 and 7-139.9 as follows: 10 (40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109) 11 Sec. 3-109. Persons excluded. 12 (a) The following persons shall not be eligible to 13 participate in a fund created under this Article: 14 (1) part-time police officers, special police 15 officers, night watchmen, temporary employees, traffic 16 guards or so-called auxiliary police officers specially 17 appointed to aid or direct traffic at or near schools or 18 public functions, or to aid in civil defense, municipal 19 parking lot attendants, clerks or other civilian 20 employees of a police department who perform clerical 21 duties exclusively; 22 (2) any police officer who fails to pay the 23 contributions required under Section 3-125.1, computed 24 (i) for funds established prior to August 5, 1963, from 25 the date the municipality established the fund or the 26 date of a police officer's first appointment (including 27 an appointment on probation), whichever is later, or 28 (ii) for funds established after August 5, 1963, from the 29 date, as determined from the statistics or census 30 provided in Section 3-103, the municipality became 31 subject to this Article by attaining the minimum HB0593 Enrolled -2- LRB9001461EGfg 1 population or by referendum, or the date of a police 2 officer's first appointment (including an appointment on 3 probation), whichever is later, and continuing during his 4 or her entire service as a police officer; and 5 (3) any person who has elected under Section 3-109.1 6 to participate in the Illinois Municipal Retirement Fund 7 rather than in a fund established under this Article, 8 without regard to whether the person continues to be 9 employed as chief of police or is employed in some other 10 rank or capacity within the police department, unless the 11 person has lawfully rescinded that election. 12 (b) A police officer who is reappointed shall, before 13 being declared eligible to participate in the pension fund, 14 repay to the fund as required by Section 3-124 any refund 15 received thereunder. 16 (c) Any person otherwise qualified to participate who 17 was excluded from participation by reason of the age 18 restriction removed by Public Act 79-1165 may elect to 19 participate by making a written application to the Board 20 before January 1, 1990. Persons so electing shall begin 21 participation on the first day of the month following the 22 date of application. Such persons may also elect to 23 establish creditable service for periods of employment as a 24 police officer during which they did not participate by 25 paying into the police pension fund, before January 1, 1990, 26 the amount that the person would have contributed had 27 deductions from salary been made for such purpose at the time 28 such service was rendered, together with interest thereon at 29 6% per annum from the time such service was rendered until 30 the date the payment is made. 31 (d) A person otherwise qualified to participate who was 32 excluded from participation by reason of the fitness 33 requirement removed by this amendatory Act of 1995 may elect 34 to participate by making a written application to the Board HB0593 Enrolled -3- LRB9001461EGfg 1 before July 1, 1996. Persons so electing shall begin 2 participation on the first day of the month following the 3 month in which the application is received by the Board. 4 These persons may also elect to establish creditable service 5 for periods of employment as a police officer during which 6 they did not participate by paying into the police pension 7 fund, before January 1, 1997, the amount that the person 8 would have contributed had deductions from salary been made 9 for this purpose at the time the service was rendered, 10 together with interest thereon at 6% per annum, compounded 11 annually, from the time the service was rendered until the 12 date of payment. 13 (Source: P.A. 89-52, eff. 6-30-95.) 14 (40 ILCS 5/3-109.1) (from Ch. 108 1/2, par. 3-109.1) 15 Sec. 3-109.1. Chief of police. 16 (a) Beginning January 1, 1990, any person who is 17 employed as the chief of police of a "participating 18 municipality" as defined in Section 7-106 of this Code, may 19 elect to participate in the Illinois Municipal Retirement 20 Fund rather than in a fund created under this Article 3. 21 Except as provided in subsection (b), this
Suchelection 22 shall be irrevocable, and shall be filed in writing with the 23 Board of the Illinois Municipal Retirement Fund. 24 (b) Until January 1, 1999, a chief of police who has 25 elected under this Section to participate in IMRF rather than 26 a fund created under this Article may elect to rescind that 27 election and transfer his or her participation to the police 28 pension fund established under this Article by the employing 29 municipality. The chief must notify the boards of trustees 30 of both funds in writing of his or her decision to rescind 31 the election and transfer participation. A chief of police 32 who transfers participation under this subsection (b) shall 33 not be deemed ineligible to participate in the police pension HB0593 Enrolled -4- LRB9001461EGfg 1 fund by reason of having failed to apply within the 3-month 2 period specified in Section 3-106. 3 (Source: P.A. 86-273.) 4 (40 ILCS 5/3-110) (from Ch. 108 1/2, par. 3-110) 5 Sec. 3-110. Creditable service. 6 (a) "Creditable service" is the time served by a police 7 officer as a member of a regularly constituted police force 8 of a municipality. In computing creditable service furloughs 9 without pay exceeding 30 days shall not be counted, but all 10 leaves of absence for illness or accident, regardless of 11 length, and all periods of disability retirement for which a 12 police officer has received no disability pension payments 13 under this Article shall be counted. 14 (b) Creditable service includes all periods of service 15 in the military, naval or air forces of the United States 16 entered upon while an active police officer of a 17 municipality, provided that upon applying for a permanent 18 pension, and in accordance with the rules of the board, the 19 police officer pays into the fund the amount the officer 20 would have contributed if he or she had been a regular 21 contributor during such period, to the extent that the 22 municipality which the police officer served has not made 23 such contributions in the officer's behalf. The total amount 24 of such creditable service shall not exceed 5 years, except 25 that any police officer who on July 1, 1973 had more than 5 26 years of such creditable service shall receive the total 27 amount thereof. 28 (c) Creditable service also includes service rendered by 29 a police officer while on leave of absence from a police 30 department to serve as an executive of an organization whose 31 membership consists of members of a police department, 32 subject to the following conditions: (i) the police officer 33 is a participant of a fund established under this Article HB0593 Enrolled -5- LRB9001461EGfg 1 with at least 10 years of service as a police officer; (ii) 2 the police officer received no credit for such service under 3 any other retirement system, pension fund, or annuity and 4 benefit fund included in this Code; (iii) pursuant to the 5 rules of the board the police officer pays to the fund the 6 amount he or she would have contributed had the officer been 7 an active member of the police department; and (iv) the 8 organization pays a contribution equal to the municipality's 9 normal cost for that period of service. 10 (d)(1) Creditable service also includes periods of 11 service originally established in another police pension fund 12 under this Article or in the Fund established under Article 7 13 of this Code for which (i) the contributions have been 14 transferred under Section 3-110.7 or Section 7-139.9 and (ii) 15 any additional contribution required under paragraph (2) of 16 this subsection has been paid in full in accordance with the 17 requirements of this subsection (d). 18 (2) If the board of the pension fund to which creditable 19 service and related contributions are transferred under 20 Section 3-110.7 or 7-139.9 determines that the amount 21 transferred is less than the true cost to the pension fund of 22 allowing that creditable service to be established, then in 23 order to establish that creditable service the police officer 24 must pay to the pension fund, within the payment period 25 specified in paragraph (3) of this subsection, an additional 26 contribution equal to the difference, as determined by the 27 board in accordance with the rules and procedures adopted 28 under paragraph (6) of this subsection. 29 (3) Except as provided in paragraph (4), the additional 30 contribution must be paid to the board (i) within 5 years 31 from the date of the transfer of contributions under Section 32 3-110.7 or 7-139.9 and (ii) before the police officer 33 terminates service with the fund. The additional 34 contribution may be paid in a lump sum or in accordance with HB0593 Enrolled -6- LRB9001461EGfg 1 a schedule of installment payments authorized by the board. 2 (4) If the police officer dies in service before payment 3 in full has been made and before the expiration of the 5-year 4 payment period, the surviving spouse of the officer may elect 5 to pay the unpaid amount on the officer's behalf within 6 6 months after the date of death, in which case the creditable 7 service shall be granted as though the deceased police 8 officer had paid the remaining balance on the day before the 9 date of death. 10 (5) If the additional contribution is not paid in full 11 within the required time, the creditable service shall not be 12 granted and the police officer (or the officer's surviving 13 spouse or estate) shall be entitled to receive a refund of 14 (i) any partial payment of the additional contribution that 15 has been made by the police officer and (ii) those portions 16 of the amounts transferred under subdivision (a)(1) of 17 Section 3-110.7 or subdivisions (a)(1) and (a)(3) of Section 18 7-139.9 that represent employee contributions paid by the 19 police officer (but not the accumulated interest on those 20 contributions) and interest paid by the police officer to the 21 prior pension fund in order to reinstate service terminated 22 by acceptance of a refund. 23 Transferred credit that is not granted due to failure to 24 pay the additional contribution within the required time is 25 lost; it may not be transferred to another pension fund and 26 may not be reinstated in the pension fund from which it was 27 transferred. 28 (6) The Public Employee Pension Fund Division of the 29 Department of Insurance shall establish by rule the manner of 30 making the calculation required under paragraph (2) of this 31 subsection, taking into account the appropriate actuarial 32 assumptions; the police officer's service, age, and salary 33 history; the level of funding of the pension fund to which 34 the credits are being transferred; and any other factors that HB0593 Enrolled -7- LRB9001461EGfg 1 the Division determines to be relevant. The rules may 2 require that all calculations made under paragraph (2) be 3 reported to the Division by the board performing the 4 calculation, together with documentation of the creditable 5 service to be transferred, the amounts of contributions and 6 interest to be transferred, the manner in which the 7 calculation was performed, the numbers relied upon in making 8 the calculation, the results of the calculation, and any 9 other information the Division may deem useful. 10 (Source: P.A. 89-52, eff. 6-30-95.) 11 (40 ILCS 5/3-110.7 new) 12 Sec. 3-110.7. Transfer between Article 3 funds. 13 (a) An active member of a pension fund established under 14 this Article may apply for transfer to that fund of his or 15 her creditable service and related contributions accumulated 16 in any other police pension fund established under this 17 Article, except that a police officer may not transfer 18 creditable service under this Section from a pension fund 19 unless (i) the police officer actively served in the police 20 department under that fund for at least 2 years, (ii) the 21 police officer actively served in the police department under 22 that fund for less than 2 years but was laid off or otherwise 23 involuntarily terminated for a reason other than the fault of 24 the officer, or (iii) the police officer was not in service 25 in the police department under that fund on or after the 26 effective date of this Section. Upon receiving the 27 application, that other pension fund shall transfer to the 28 pension fund in which the applicant currently participates an 29 amount equal to: 30 (1) the amounts actually contributed by or on 31 behalf of the applicant to the fund as employee 32 contributions (including any interest paid by the 33 applicant in order to reinstate service), plus interest HB0593 Enrolled -8- LRB9001461EGfg 1 on those amounts at the rate of 6% per year, compounded 2 annually, from the date of contribution to the date of 3 transfer; plus 4 (2) an amount representing employer contributions, 5 equal to the total amount determined under subdivision 6 (1). 7 Participation in that other pension fund shall terminate on 8 the date of transfer. 9 (b) An active member of a pension fund established under 10 this Article may reinstate service in any other pension fund 11 established under this Article that was terminated by receipt 12 of a refund, by paying to that other pension fund the amount 13 of the refund plus interest thereon at the rate of 6% per 14 year, compounded annually, from the date of refund to the 15 date of payment. 16 (40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111) 17 Sec. 3-111. Pension. 18 (a) A police officer age 50 or more with 20 or more 19 years of creditable service, who is no longer in service as a 20 police officer, shall receive a pension of 1/2 of the salary 21 attached to the rank held by the officer on the police force 22 for one year immediately prior to retirement or, beginning 23 July 1, 1987 for persons terminating service on or after that 24 date, the salary attached to the rank held on the last day of 25 service or for one year prior to the last day, whichever is 26 greater. The pension shall be increased by 2% of such salary 27 for each additional year of service over 20 years, up to 30 28 years, and 1% of such salary for each additional year of 29 service over 30 years, to a maximum of 75% of such salary. 30 No pension in effect on or granted after June 30, l973 shall 31 be less than $200 per month. Beginning July 1, 1987, the 32 minimum retirement pension for a police officer having at 33 least 20 years of creditable service shall be $400 per month, HB0593 Enrolled -9- LRB9001461EGfg 1 without regard to whether or not retirement occurred prior to 2 that date. 3 (b) A police officer mandatorily retired from service 4 due to age by operation of law, having at least 8 but less 5 than 20 years of creditable service, shall receive a pension 6 equal to 2 1/2% of the salary attached to the rank he or she 7 held on the police force for one year immediately prior to 8 retirement or, beginning July 1, 1987 for persons terminating 9 service on or after that date, the salary attached to the 10 rank held on the last day of service or for one year prior to 11 the last day, whichever is greater, for each year of 12 creditable service. 13 A police officer who retires or is separated from service 14 having at least 8 years but less than 20 years of creditable 15 service, who is not mandatorily retired due to age by 16 operation of law, and who does not apply for a refund of 17 contributions at his or her last separation from police 18 service, shall receive a pension upon attaining age 60 equal 19 to 2.5% of the salary attached to the rank held by the police 20 officer on the police force for one year immediately prior to 21 retirement or, beginning July 1, 1987 for persons terminating 22 service on or after that date, the salary attached to the 23 rank held on the last day of service or for one year prior to 24 the last day, whichever is greater, for each year of 25 creditable service. 26 (c) A police officer no longer in service who has at 27 least one but less than 8 years of creditable service in a 28 police pension fund but meets the requirements of this 29 subsection (c) shall be eligible to receive a pension from 30 that fund equal to 2.5% of the salary attached to the rank 31 held on the last day of service under that fund or for one 32 year prior to that last day, whichever is greater, for each 33 year of creditable service in that fund. The pension shall 34 begin no earlier than upon attainment of age 60 (or upon HB0593 Enrolled -10- LRB9001461EGfg 1 mandatory retirement from the fund by operation of law due to 2 age, if that occurs before age 60) and in no event before the 3 effective date of this amendatory Act of 1997. 4 In order to be eligible for a pension under this 5 subsection (c), the police officer must have at least 8 years 6 of creditable service in a second police pension fund under 7 this Article and be receiving a pension under subsection (a) 8 or (b) of this Section from that second fund. The police 9 officer need not be in service on or after the effective date 10 of this amendatory Act of 1997. 11 (Source: P.A. 85-941.) 12 (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109) 13 Sec. 7-109. Employee. 14 (1) "Employee" means any person who: 15 (a) 1. Receives earnings as payment for the 16 performance of personal services or official duties 17 out of the general fund of a municipality, or out of 18 any special fund or funds controlled by a 19 municipality, or by an instrumentality thereof, or a 20 participating instrumentality, including, in 21 counties, the fees or earnings of any county fee 22 office; and 23 2. Under the usual common law rules applicable 24 in determining the employer-employee relationship, 25 has the status of an employee with a municipality, 26 or any instrumentality thereof, or a participating 27 instrumentality, including aldermen, county 28 supervisors and other persons (excepting those 29 employed as independent contractors) who are paid 30 compensation, fees, allowances or other emolument 31 for official duties, and, in counties, the several 32 county fee offices. 33 (b) Serves as a township treasurer appointed under HB0593 Enrolled -11- LRB9001461EGfg 1 the School Code, as heretofore or hereafter amended, and 2 who receives for such services regular compensation as 3 distinguished from per diem compensation, and any regular 4 employee in the office of any township treasurer whether 5 or not his earnings are paid from the income of the 6 permanent township fund or from funds subject to 7 distribution to the several school districts and parts of 8 school districts as provided in the School Code, or from 9 both such sources. 10 (c) Holds an elective office in a municipality, 11 instrumentality thereof or participating instrumentality. 12 (2) "Employee" does not include persons who: 13 (a) Are eligible for inclusion under any of the 14 following laws: 15 1. "An Act in relation to an Illinois State 16 Teachers' Pension and Retirement Fund", approved May 17 27, 1915, as amended; 18 2. Articles 15 and 16 of this Code. 19 However, such persons shall be included as employees 20 to the extent of earnings that are not eligible for 21 inclusion under the foregoing laws for services not of an 22 instructional nature of any kind. 23 However, any member of the armed forces who is 24 employed as a teacher of subjects in the Reserve Officers 25 Training Corps of any school and who is not certified 26 under the law governing the certification of teachers 27 shall be included as an employee. 28 (b) Are designated by the governing body of a 29 municipality in which a pension fund is required by law 30 to be established for policemen or firemen, respectively, 31 as performing police or fire protection duties, except 32 that when such persons are the heads of the police or 33 fire department and are not eligible to be included 34 within any such pension fund, they shall be included HB0593 Enrolled -12- LRB9001461EGfg 1 within this Article; provided, that such persons shall 2 not be excluded to the extent of concurrent service and 3 earnings not designated as being for police or fire 4 protection duties. However, (i) any head of a police 5 department who was a participant under this Article 6 immediately before October 1, 1977 and did not elect, 7 under Section 3-109 of this Act, to participate in a 8 police pension fund shall be an "employee", and (ii) any 9 chief of police who elects to participate in this Fund 10 under Section 3-109.1 of this Code, regardless of whether 11 such person continues to be employed as chief of police 12 or is employed in some other rank or capacity within the 13 police department, shall be an employee under this 14 Article for so long as such person is employed to perform 15 police duties by a participating municipality and has not 16 lawfully rescinded that election. 17 (3) All persons, including, without limitation, public 18 defenders and probation officers, who receive earnings from 19 general or special funds of a county for performance of 20 personal services or official duties within the territorial 21 limits of the county, are employees of the county (unless 22 excluded by subsection (2) of this Section) notwithstanding 23 that they may be appointed by and are subject to the 24 direction of a person or persons other than a county board or 25 a county officer. It is hereby established that an 26 employer-employee relationship under the usual common law 27 rules exists between such employees and the county paying 28 their salaries by reason of the fact that the county boards 29 fix their rates of compensation, appropriate funds for 30 payment of their earnings and otherwise exercise control over 31 them. This finding and this amendatory Act shall apply to 32 all such employees from the date of appointment whether such 33 date is prior to or after the effective date of this 34 amendatory Act and is intended to clarify existing law HB0593 Enrolled -13- LRB9001461EGfg 1 pertaining to their status as participating employees in the 2 Fund. 3 (Source: P.A. 86-273; 86-820; 86-1028.) 4 (40 ILCS 5/7-139.9 new) 5 Sec. 7-139.9. Transfer to Article 3 pension fund. 6 (a) Until January 1, 1999, a person who has lawfully 7 rescinded an election to participate in this Fund under 8 Section 3-109.1 and has become an active participant in a 9 police pension fund established under Article 3 of this Code 10 may apply for transfer to that Article 3 fund of his or her 11 creditable service accumulated under this Article for 12 municipal law enforcement service. At the time of the 13 transfer the Fund shall pay to the police pension fund an 14 amount equal to: 15 (1) the amounts accumulated to the credit of the 16 applicant for municipal law enforcement service, 17 including interest; and 18 (2) the municipality credits based on that service, 19 including interest; and 20 (3) any interest paid by the applicant in order to 21 reinstate that service. 22 Participation in this Fund with respect to the transferred 23 credits shall terminate on the date of transfer. 24 For the purposes of this Section, "municipal law 25 enforcement service" means service with the police department 26 of a participating municipality for which the applicant 27 established creditable service under this Article as a result 28 of an election under Section 3-109.1 of this Code. 29 (b) An active member of a pension fund established under 30 Article 3 of this Code may reinstate municipal law 31 enforcement service under this Article that was terminated by 32 receipt of a refund, by paying to the Fund the amount of the 33 refund plus interest thereon at the rate of 6% per year, HB0593 Enrolled -14- LRB9001461EGfg 1 compounded annually, from the date of refund to the date of 2 payment. 3 (c) A chief of police who participates in this Fund as a 4 result of an election under Section 3-109.1 may rescind that 5 election and transfer his or her participation from this Fund 6 to a police pension fund established under Article 3 of this 7 Code in which he or she is eligible to participate, as 8 provided in Section 3-109.1(b). A transfer of participation 9 under this subsection (c) and Section 3-109.1(b) is 10 irrevocable. 11 (40 ILCS 5/9-179.3) (from Ch. 108 1/2, par. 9-179.3) 12 Sec. 9-179.3. Optional plan of additional benefits and 13 contributions. 14 (a) While this plan is in effect, an employee may 15 establish additional optional credit for additional optional 16 benefits by electing in writing at any time to make 17 additional optional contributions. The employee may 18 discontinue making the additional optional contributions at 19 any time by notifying the fund in writing. 20 (b) Additional optional contributions for the additional 21 optional benefits shall be as follows: 22 (1) For service after the option is elected, an 23 additional contribution of 3% of salary shall be 24 contributed to the fund on the same basis and under the 25 same conditions as contributions required under Sections 26 9-170 and 9-176. 27 (2) For service before the option is elected, an 28 additional contribution of 3% of the salary for the 29 applicable period of service, plus interest at the 30 effective rate from the date of service to the date of 31 payment. All payments for past service must be paid in 32 full before credit is given. No additional optional 33 contributions may be made for any period of service for HB0593 Enrolled -15- LRB9001461EGfg 1 which credit has been previously forfeited by acceptance 2 of a refund, unless the refund is repaid in full with 3 interest at the effective rate from the date of refund to 4 the date of repayment. 5 (c) Additional optional benefits shall accrue for all 6 periods of eligible service for which additional 7 contributions are paid in full. The additional benefit shall 8 consist of an additional 1% for each year of service for 9 which optional contributions have been paid, based on the 10 highest average annual salary for any 4 consecutive years 11 within the last 10 years of service immediately preceding the 12 date of withdrawal, to be added to the employee retirement 13 annuity benefits as otherwise computed under this Article. 14 The calculation of these additional benefits shall be subject 15 to the same terms and conditions as are used in the 16 calculation of retirement annuity under Section 9-134. The 17 additional benefit shall be included in the calculation of 18 the automatic annual increase in annuity, and in the 19 calculation of widow's annuity, where applicable. However no 20 additional benefits will be granted which produce a total 21 annuity greater than the applicable maximum established for 22 that type of annuity in this Article, and additional benefits 23 shall not apply to any benefit computed under Section 24 9-128.1. 25 (d) Refunds of additional optional contributions shall 26 be made on the same basis and under the same conditions as 27 provided under Sections 9-164, 9-166 and 9-167. Interest 28 shall be credited at the effective rate on the same basis and 29 under the same conditions as for other contributions. 30 (e) Optional contributions shall be accounted for in a 31 separate Optional Contribution Reserve. 32 (f) The tax levy, computed under Section 9-169, shall be 33 based on employee contributions including the amount of 34 optional additional employee contributions. HB0593 Enrolled -16- LRB9001461EGfg 1 (g) Service eligible under this Section may include only 2 service as an employee of the County as defined in Section 3 9-108, and subject to Sections 9-219 and 9-220. No service 4 granted under Section 9-121.1, 9-121.4 or 9-179.2 shall be 5 eligible for optional service credit. No optional service 6 credit may be established for any military service, or for 7 any service under any other Article of this Code. Optional 8 service credit may be established for any period of 9 disability paid from this fund, if the employee makes 10 additional optional contributions for such periods of 11 disability. 12 (h) This plan of optional benefits and contributions 13 shall not apply to any former county employee receiving an 14 annuity from the fund, who re-enters service as a County 15 employee, unless he renders at least 3 years of additional 16 service after the date of re-entry. 17 (i) The effective date of the optional plan of 18 additional benefits and contributions shall be July 1, 1985, 19 or the date upon which approval is received from the Internal 20 Revenue Service, whichever is later. 21 (j) This plan of additional benefits and contributions 22 shall expire July 1, 2002 1997. No additional contributions 23 may be made after that date, and no additional benefits will 24 accrue after that date. 25 (Source: P.A. 86-1027; 87-794.) 26 Section 90. The State Mandates Act is amended by adding 27 Section 8.21 as follows: 28 (30 ILCS 805/8.21 new) 29 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6 30 and 8 of this Act, no reimbursement by the State is required 31 for the implementation of any mandate created by this 32 amendatory Act of 1997. HB0593 Enrolled -17- LRB9001461EGfg 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.
[ Top ]