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90_HB3029
40 ILCS 5/3-110.8 new
40 ILCS 5/5-234 from Ch. 108 1/2, par. 5-234
40 ILCS 5/9-121.10
30 ILCS 805/8.22 new
Amends the Illinois Pension Code. Allows transfer of
police service credits from an Article 3 (downstate police)
pension fund or the Article 9 (Cook County) pension fund to
the Article 5 (Chicago police) pension fund. Amends the
State Mandates Act to require implementation without
reimbursement. Effective immediately.
LRB9009025EGfgA
LRB9009025EGfgA
1 AN ACT to amend the Illinois Pension Code by adding
2 Section 3-110.8 and changing Sections 5-234 and 9-121.10 and
3 to amend the State Mandates Act.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Pension Code is amended by
7 adding Section 3-110.8 and changing Sections 5-234 and
8 9-121.10 as follows:
9 (40 ILCS 5/3-110.8 new)
10 Sec. 3-110.8. Transfer to Article 5 Fund.
11 (a) Until January 1, 2000, any active member of the
12 Article 5 pension fund may apply for transfer of his or her
13 creditable service accumulated in any police pension fund
14 under this Article to that Article 5 fund. The creditable
15 service shall be transferred upon payment by the police
16 pension fund to the Article 5 fund of an amount equal to:
17 (1) the amounts accumulated to the credit of the
18 applicant on the books of the fund on the date of
19 transfer; and
20 (2) employer contributions in an amount equal to
21 the amount determined under item (1); and
22 (3) any interest paid by the applicant in order to
23 reinstate service.
24 Participation in this Fund shall terminate on the date of
25 transfer.
26 (b) Until January 1, 2000, any active member of the
27 Article 5 pension fund may reinstate service in any police
28 pension fund under this Article that was terminated by
29 receipt of a refund, by payment to the police pension fund of
30 the amount of the refund, together with interest thereon at
31 the rate of 6% per year, compounded annually, from the date
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1 of the refund to the date of repayment.
2 (40 ILCS 5/5-234) (from Ch. 108 1/2, par. 5-234)
3 Sec. 5-234. Transfer of credits.
4 (a) Any police officer who has at least 10 years of
5 creditable service in the Fund may transfer to this Fund
6 credits and creditable service accumulated under any other
7 pension fund or retirement system established under Article 8
8 or 12 of this Code, by making application and paying to the
9 Fund before January 1, 1990 the amount by which the employee
10 contributions that would have been required if he had
11 participated in this Fund during the period for which credit
12 is being transferred, plus interest, exceeds the amount
13 actually transferred from such other fund or system to this
14 Fund under item (1) of Section 8-226.5 or item (1) of Section
15 12-127.5.
16 (b) A policeman may transfer to this Fund credits and
17 creditable service accumulated under any police pension fund
18 established under Article 3 of this Code, by making written
19 application to the Fund before January 1, 2000. For the
20 transfer to be effective, the policeman must pay to the Fund
21 before withdrawal from service the amount, if any, by which
22 the employee contributions that would have been required if
23 he or she had participated in this Fund during the period for
24 which credit is being transferred, plus interest, exceeds the
25 amount actually transferred from the Article 3 fund to this
26 Fund under item (1) of subsection (a) of Section 3-110.8.
27 (c) A policeman may transfer to this Fund credits and
28 creditable service accumulated for service as a member of the
29 county police department under the pension fund established
30 under Article 9 of this Code, by making written application
31 to the Fund before January 1, 2000. For the transfer to be
32 effective, the policeman must pay to the Fund before
33 withdrawal from service the amount, if any, by which the
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1 employee contributions that would have been required if he or
2 she had participated in this Fund during the period for which
3 credit is being transferred, plus interest, exceeds the
4 amount actually transferred from the Article 9 fund to this
5 Fund under item (1) of subsection (c) of Section 9-121.10.
6 (Source: P.A. 86-272.)
7 (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
8 Sec. 9-121.10. Transfer to Article 5 or 14.
9 (a) Until July 1, 1993, any active member of the State
10 Employees' Retirement System who is a State policeman may
11 apply for transfer of some or all of his creditable service
12 as a member of the County Police Department accumulated under
13 this Article to the State Employees' Retirement System. At
14 the time of the transfer the Fund shall pay to the State
15 Employees' Retirement System an amount equal to:
16 (1) the amounts accumulated to the credit of the
17 applicant on the books of the Fund on the date of
18 transfer for the service to be transferred; and
19 (2) the corresponding municipality credits,
20 including interest, on the books of the Fund on the date
21 of transfer; and
22 (3) any interest paid by the applicant in order to
23 reinstate such service.
24 Participation in this Fund with respect to the credits
25 transferred shall terminate on the date of transfer.
26 (b) Until July 1, 1993, any such State policeman may
27 reinstate credit for service as a member of the County Police
28 Department that was terminated by receipt of a refund, by
29 paying to the Fund the amount of the refund with interest
30 thereon at the rate of 6% per year, compounded annually, from
31 the date of refund to the date of payment.
32 (c) Until January 1, 2000, any active member of the
33 Article 5 pension fund may apply for transfer of some or all
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1 of his or her creditable service as a member of the County
2 Police Department accumulated under this Article to that
3 Article 5 fund. At the time of the transfer the Fund shall
4 pay to the Article 5 fund an amount equal to:
5 (1) the amounts accumulated to the credit of the
6 applicant on the books of the Fund on the date of
7 transfer for the service to be transferred; and
8 (2) an amount representing employer contributions
9 equal to the amount determined under item (1); and
10 (3) any interest paid by the applicant in order to
11 reinstate that service.
12 Participation in this Fund with respect to the credits
13 transferred shall terminate on the date of transfer.
14 (d) Until January 1, 2000, any active member of the
15 Article 5 pension fund may reinstate credit for service as a
16 member of the County Police Department that was terminated by
17 receipt of a refund, by paying to the Fund the amount of the
18 refund with interest thereon at the rate of 6% per year,
19 compounded annually, from the date of refund to the date of
20 payment.
21 (Source: P.A. 87-1265.)
22 Section 90. The State Mandates Act is amended by adding
23 Section 8.22 as follows:
24 (30 ILCS 805/8.22 new)
25 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
26 and 8 of this Act, no reimbursement by the State is required
27 for the implementation of any mandate created by this
28 amendatory Act of 1998.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.