State of Illinois
90th General Assembly

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      40 ILCS 5/7-141           from Ch. 108 1/2, par. 7-141
      30 ILCS 805/8.21 new
          Amends the  Illinois  Municipal  Retirement  Fund  (IMRF)
      Article  of  the  Pension  Code  to  allow  a  sheriff's  law
      enforcement  employee  with  at  least 25 years of service to
      retire at any age.  Amends the State Mandates Act to  require
      implementation without reimbursement.  Effective immediately.
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 7-141 and to amend the State Mandates Act.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Pension  Code  is amended by
 6    changing Section 7-141 as follows:
 7        (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
 8        Sec.   7-141.    Retirement   annuities   -   Conditions.
 9    Retirement annuities shall  be  payable  as  hereinafter  set
10    forth:
11        (a)  A  participating  employee who, regardless of cause,
12    is  separated  from  the   service   of   all   participating
13    municipalities     and    instrumentalities    thereof    and
14    participating  instrumentalities  shall  be  entitled  to   a
15    retirement annuity provided:
16             1.   He  is  at  least  age  55, or in the case of a
17        person who is eligible to  have  his  annuity  calculated
18        under  Section  7-142.1,  he is at least age 50 or has at
19        least 25 years of creditable service as a  sheriff's  law
20        enforcement employee;
21             2.   He  is  (i) an employee who was employed by any
22        participating     municipality      or      participating
23        instrumentality  which had not elected to exclude persons
24        employed in positions normally requiring  performance  of
25        duty for less than 1000 hours per year or was employed in
26        a position normally requiring performance of duty for 600
27        hours  or  more  per  year  prior to such election by any
28        participating      municipality     or      participating
29        instrumentality  included  in and subject to this Article
30        on or before the effective date of this amendatory Act of
31        1981 which made such election  and  is  not  entitled  to
                            -2-                LRB9004008EGfg
 1        receive  earnings  for  employment in a position normally
 2        requiring performance of duty for 600 hours or  more  per
 3        year    for    any    participating    municipality   and
 4        instrumentalities     thereof      and      participating
 5        instrumentality;  or  (ii)  an  employee who was employed
 6        only by a  participating  municipality  or  participating
 7        instrumentality,   or   participating  municipalities  or
 8        participating instrumentalities, which  have  elected  to
 9        exclude   persons   in   positions   normally   requiring
10        performance  of  duty  for  less than 1000 hours per year
11        after the effective date of such exclusion or  which  are
12        included  under  and  subject  to  the  Article after the
13        effective date of this amendatory Act of 1981 and  elects
14        to exclude persons in such positions, and is not entitled
15        to receive earnings for employment in a position normally
16        requiring  performance of duty for 1000 hours or more per
17        year   by   such   a   participating   municipality    or
18        participating instrumentality;
19             3.  The   amount   of   his   annuity,   before  the
20        application of paragraph (b) of Section 7-142 is at least
21        $10 per month;
22             4.  If he  first  became  a  participating  employee
23        after  December  31,  1961,  he  has  at least 8 years of
24        service.
25        (b)  Retirement annuities shall be payable:
26             1.  As provided in Section 7-119;
27             2.  Except as provided in item 3,  upon  receipt  by
28        the  fund  of  a  written  application by the board.  The
29        effective date may be not more than one year prior to the
30        date of the receipt by the fund of the application;
31             3.  Upon attainment of age 70 1/2 if (i) the  member
32        has  not  submitted  an application for the annuity, (ii)
33        the member has at least 8 years of service credit and  is
34        no  longer  in  service,  (iii)  the pension amount is at
                            -3-                LRB9004008EGfg
 1        least $30 per month, and (iv) the Fund is able to  locate
 2        the member;
 3             4.  To the beneficiary of the deceased annuitant for
 4        the unpaid amount accrued to date of death, if any.
 5    (Source: P.A. 87-740.)
 6        Section  90.  The State Mandates Act is amended by adding
 7    Section 8.21 as follows:
 8        (30 ILCS 805/8.21 new)
 9        Sec. 8.21. Exempt mandate.   Notwithstanding  Sections  6
10    and  8 of this Act, no reimbursement by the State is required
11    for  the  implementation  of  any  mandate  created  by  this
12    amendatory Act of 1997.
13        Section 99. Effective date.  This Act takes  effect  upon
14    becoming law.

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