State of Illinois
90th General Assembly
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90_SB1481

      40 ILCS 5/3-111           from Ch. 108 1/2, par. 3-111
      40 ILCS 5/3-125.1         from Ch. 108 1/2, par. 3-125.1
      30 ILCS 805/8.22 new
          Amends the  Downstate  Police  Article  of  the  Illinois
      Pension  Code.   Increases  the retirement formula from 2% to
      2.5% of salary for each year of service over 20.  Raises  the
      employee  contribution  rate  by  0.5% of salary.  Amends the
      State  Mandates  Act  to   require   implementation   without
      reimbursement.  Effective immediately.
                                                     LRB9011455EGfg
                                               LRB9011455EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Sections 3-111 and 3-125.1 and to amend  the  State  Mandates
 3    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    changing Sections 3-111 and 3-125.1 as follows:
 8        (40 ILCS 5/3-111) (from Ch. 108 1/2, par. 3-111)
 9        Sec. 3-111.  Pension.
10        (a)  A  police  officer  age  50  or more with 20 or more
11    years of creditable service, who is no longer in service as a
12    police officer, shall receive a pension of 1/2 of the  salary
13    attached  to the rank held by the officer on the police force
14    for one year immediately prior to  retirement  or,  beginning
15    July 1, 1987 for persons terminating service on or after that
16    date, the salary attached to the rank held on the last day of
17    service  or  for one year prior to the last day, whichever is
18    greater.  The pension shall be increased by 2.5% 2%  of  such
19    salary  for each additional year of service over 20 years, up
20    to 30 years, and 1% of such salary for each  additional  year
21    of service over 30 years, to a maximum of 75% of such salary.
22    No  pension in effect on or granted after June 30, l973 shall
23    be less than $200 per month.  Beginning  July  1,  1987,  the
24    minimum  retirement  pension  for  a police officer having at
25    least 20 years of creditable service shall be $400 per month,
26    without regard to whether or not retirement occurred prior to
27    that date.
28        (b)  A police officer mandatorily  retired  from  service
29    due  to  age  by operation of law, having at least 8 but less
30    than 20 years of creditable service, shall receive a  pension
31    equal  to 2 1/2% of the salary attached to the rank he or she
                            -2-                LRB9011455EGfg
 1    held on the police force for one year  immediately  prior  to
 2    retirement or, beginning July 1, 1987 for persons terminating
 3    service  on  or  after  that date, the salary attached to the
 4    rank held on the last day of service or for one year prior to
 5    the  last  day,  whichever  is  greater,  for  each  year  of
 6    creditable service.
 7        A police officer who retires or is separated from service
 8    having at least 8 years but less than 20 years of  creditable
 9    service,  who  is  not  mandatorily  retired  due  to  age by
10    operation of law, and who does not  apply  for  a  refund  of
11    contributions  at  his  or  her  last  separation from police
12    service, shall receive a pension upon attaining age 60  equal
13    to 2.5% of the salary attached to the rank held by the police
14    officer on the police force for one year immediately prior to
15    retirement or, beginning July 1, 1987 for persons terminating
16    service  on  or  after  that date, the salary attached to the
17    rank held on the last day of service or for one year prior to
18    the  last  day,  whichever  is  greater,  for  each  year  of
19    creditable service.
20        (c)  A police officer no longer in  service  who  has  at
21    least  one  but  less than 8 years of creditable service in a
22    police pension  fund  but  meets  the  requirements  of  this
23    subsection  (c)  shall  be eligible to receive a pension from
24    that fund equal to 2.5% of the salary attached  to  the  rank
25    held  on  the  last day of service under that fund or for one
26    year prior to that last day, whichever is greater,  for  each
27    year  of  creditable service in that fund.  The pension shall
28    begin no earlier than upon attainment  of  age  60  (or  upon
29    mandatory retirement from the fund by operation of law due to
30    age, if that occurs before age 60) and in no event before the
31    effective date of this amendatory Act of 1997.
32        In  order  to  be  eligible  for  a  pension  under  this
33    subsection (c), the police officer must have at least 8 years
34    of  creditable  service in a second police pension fund under
                            -3-                LRB9011455EGfg
 1    this Article and be receiving a pension under subsection  (a)
 2    or  (b)  of  this  Section from that second fund.  The police
 3    officer need not be in service on or after the effective date
 4    of this amendatory Act of 1997.
 5    (Source: P.A. 90-460, eff. 8-17-97.)
 6        (40 ILCS 5/3-125.1) (from Ch. 108 1/2, par. 3-125.1)
 7        Sec. 3-125.1.  Contributions by  police  officers.   Each
 8    police  officer  shall  contribute  to  the  pension fund the
 9    following percentages  of  salary  for  the  periods  stated:
10    Beginning July 1, 1909 and prior to July 23, 1943, 1% (except
11    that prior to July 1, 1921 not more than one dollar per month
12    shall be deducted, and except that beginning July 1, 1921 and
13    prior  to  July  1,  1927 not more than $2 per month shall be
14    deducted); beginning July 23, 1943  and  prior  to  July  20,
15    1949, 3%; beginning July 20, 1949 and prior to July 17, 1959,
16    5%;  beginning  July  17, 1959 and prior to July 1, 1971, 7%;
17    beginning July 1, 1971 and prior to July  1,  1975,  7  1/2%;
18    beginning  July 1, 1975 and prior to January 1, 1987, 8 1/2%;
19    and beginning January 1, 1987 and prior to the effective date
20    of this amendatory Act of 1998,  9%;  and  beginning  on  the
21    effective  date  of  this amendatory Act of 1998, 9.5%.  Such
22    sums shall be paid or deducted monthly.
23        "Salary" means the annual  salary,  including  longevity,
24    attached  to the police officer's rank, as established by the
25    municipality's   appropriation   ordinance,   including   any
26    compensation for overtime which is included in the salary  so
27    established, but excluding any "overtime pay", "holiday pay",
28    "bonus  pay",  "merit  pay",  or  any  other cash benefit not
29    included in the salary so established.
30    (Source: P.A. 84-1472.)
31        Section 90.  The State Mandates Act is amended by  adding
32    Section 8.22 as follows:
                            -4-                LRB9011455EGfg
 1        (30 ILCS 805/8.22 new)
 2        Sec.  8.22.  Exempt  mandate.  Notwithstanding Sections 6
 3    and 8 of this Act, no reimbursement by the State is  required
 4    for  the  implementation  of  any  mandate  created  by  this
 5    amendatory Act of 1998.
 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.

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