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Public Act 102-1061


 

Public Act 1061 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1061
 
HB4209 EnrolledLRB102 20423 RPS 29284 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by
changing Sections 3-110.10 and 7-139.14 as follows:
 
    (40 ILCS 5/3-110.10)
    Sec. 3-110.10. Transfer from Article 7. Until January 1,
2009, a person may transfer to a fund established under this
Article up to 8 years of creditable service accumulated under
Article 7 of this Code upon payment to the fund of an amount to
be determined by the board, equal to (i) the difference
between the amount of employee and employer contributions
transferred to the fund under Section 7-139.11 and the amounts
that would have been contributed had such contributions been
made at the rates applicable to an employee under this
Article, plus (ii) interest thereon at the actuarially assumed
rate, compounded annually, from the date of service to the
date of payment.
    No later than September 30, 2023 6 months after the
effective date of this amendatory Act of the 102nd General
Assembly, a person may transfer to a fund established under
this Article creditable service accumulated under Article 7 of
this Code for service as a sheriff's law enforcement employee,
person employed by a participating municipality to perform
police duties, or law enforcement officer employed on a
full-time basis by a forest preserve district, or person
employed by a participating municipality or instrumentality to
perform administrative duties related to law enforcement upon
payment to the fund of an amount to be determined by the board,
equal to (i) the difference between the amount of employee and
employer contributions transferred to the fund under Section
7-139.14 and the amounts that would have been contributed had
such contributions been made at the rates applicable to an
employee under this Article, plus (ii) interest thereon at the
actuarially assumed rate, compounded annually, from the date
of service to the date of payment.
(Source: P.A. 102-113, eff. 7-23-21.)
 
    (40 ILCS 5/7-139.14)
    Sec. 7-139.14. Transfer to Article 3 pension fund.
    (a) No later than June 30, 2023 Within 6 months after the
effective date of this amendatory Act of the 102nd General
Assembly, an active member of a pension fund established under
Article 3 of this Code may apply for transfer to that Article 3
pension fund of his or her credits and creditable service
accumulated in this Fund for service as a sheriff's law
enforcement employee, person employed by a participating
municipality to perform police duties, or law enforcement
officer employed on a full-time basis by a forest preserve
district, or person employed by a participating municipality
or instrumentality to perform administrative duties related to
law enforcement. The creditable service shall be transferred
only upon payment by this Fund to such Article 3 pension fund
of an amount equal to:
        (1) the amounts accumulated to the credit of the
    applicant for the service to be transferred, including
    interest; and
        (2) an amount representing employer contributions,
    equal to the total amount determined under item (1); and
        (3) any interest paid by the applicant to reinstate
    such service.
    Participation in this Fund as to any credits transferred
under this Section shall terminate on the date of transfer.
    (b) Notwithstanding any other provision of this Code, any
person applying to transfer service under this Section may
reinstate credits and creditable service terminated upon
receipt of a separation benefit by paying to the Fund the
amount of the separation benefit plus interest thereon at the
actuarially assumed rate of interest to the date of payment.
Such payment must be made within 60 90 days after notification
by the Fund of the cost of such reinstatement.
(Source: P.A. 102-113, eff. 7-23-21.)
 
    Section 10. The Illinois Pension Code is amended by adding
Section 3-110.13 and by changing Section 15-134.4 as follows:
 
    (40 ILCS 5/3-110.13 new)
    Sec. 3-110.13. Transfer from Article 15. No later than
June 30, 2023, a person may irrevocably apply under Section
15-134.4 to transfer to a fund established under this Article
creditable service accumulated under Article 15 of this Code
for service as a police officer upon payment to the fund of an
amount, to be determined by the board, equal to (i) the
difference between the amount of employee and employer
contributions transferred to the fund under Section 15-134.4
and the amounts that would have been contributed had such
contributions been made at the rates applicable to an employee
under this Article, plus (ii) interest thereon at the
actuarially assumed rate, compounded annually, from the date
of service to the date of payment.
 
    (40 ILCS 5/15-134.4)  (from Ch. 108 1/2, par. 15-134.4)
    Sec. 15-134.4. Transfer of creditable service to an
Article 3 pension fund, the Article 5 Pension Fund, or the
Article 14 System.
    (a) An active member of the Pension Fund established under
Article 5 of this Code may apply, not later than January 1,
1990, to transfer his or her credits and creditable service
accumulated under this System for service with the City
Colleges of Chicago teaching in the Criminal Justice Program,
to the Article 5 Fund. Such credits and creditable service
shall be transferred forthwith.
    Payment by this System to the Article 5 Fund shall be made
at the same time and shall consist of:
        (1) the amounts credited to the applicant for such
    service through employee contributions, including
    interest, as of the date of transfer; and
        (2) employer contributions equal in amount to the
    accumulated employee contributions as determined in item
    (1).
Participation in this System with respect to such credits
shall terminate on the date of transfer.
    (b) Any active member of the State Employees' Retirement
System who is a State policeman, an investigator for the
Secretary of State, or a conservation police officer, and who
is not a participating employee in this System, may apply for
transfer of some or all of his or her creditable service
accumulated in this System for service as a police officer to
the State Employees' Retirement System in accordance with
Section 14-110. The creditable service shall be transferred
only upon payment by this System to the State Employees'
Retirement System of an amount equal to:
        (1) the amounts accumulated to the credit of the
    applicant for the service to be transferred, including
    interest, as of the date of transfer, and any interest
    paid by the applicant to reinstate such service; and
        (2) employer contributions equal in amount to the
    accumulated employee contributions as determined in item
    (1). ; and
        (3) any interest paid by the applicant to reinstate
    such service.
Participation in this System as to any credits transferred
under this Section shall terminate on the date of transfer.
    (c) Any person applying to transfer service under
subsection (b) may reinstate credits and creditable service
terminated upon receipt of a refund by paying to the System the
amount of the refund plus interest thereon at the rate of 6%
per year from the date of the refund to the date of payment.
    (d) No later than June 30, 2023, any active member of a
pension fund established under Article 3 of this Code who is
not a participating employee in this System may apply for
transfer of some or all of his or her creditable service
accumulated in this System for service as a police officer to
that Article 3 pension fund in accordance with Section
3-110.13. The creditable service shall be transferred only
upon payment by this System to that Article 3 pension fund of
an amount equal to:
        (1) the amounts accumulated to the credit of the
    applicant for the service to be transferred, including
    interest, as of the date of transfer, and any interest
    paid by the applicant to reinstate such service; and
        (2) employer contributions equal in amount to the
    accumulated employee contributions as determined in item
    (1).
    Participation in this System as to any credits transferred
under this Section shall terminate on the date of transfer.
    (e) An application to transfer credits and creditable
service under this Section shall be irrevocable.
(Source: P.A. 95-530, eff. 8-28-07.)
 
    Section 15. The Illinois Pension Code is amended by adding
Sections 3-110.14 and 7-139.1a as follows:
 
    (40 ILCS 5/3-110.14 new)
    Sec. 3-110.14. Transfer to Article 7. On and after July 1,
2022 but no later than December 1, 2023, a participating
employee who is actively employed as a sheriff's law
enforcement employee under Article 7 may make a written
election to transfer up to 10 years of creditable service from
a fund established under this Article to the Illinois
Municipal Retirement Fund established under Article 7. Upon
receiving a written election by a participant under this
Section, the creditable service shall be transferred to the
Illinois Municipal Retirement Fund as soon as practicable upon
payment by the police pension fund to the Illinois Municipal
Retirement Fund of an amount equal to:
        (1) the amounts accumulated to the credit of the
    applicant on the books of the fund on the date of the
    transfer; and
        (2) employer contributions in an amount equal to the
    amount determined under paragraph (1).
Participation in the police pension fund with respect to the
service to be transferred shall terminate on the date of
transfer. This Section does not allow reinstatement of credits
in this Article that were previously forfeited.
 
    (40 ILCS 5/7-139.1a new)
    Sec. 7-139.1a. Transfer from Article 3. On and after July
1, 2022 but no later than January 1, 2023, a participating
sheriff's law enforcement employee may elect to transfer up to
10 years of service credit to the Fund as set forth in Section
3-110.14. To establish creditable service under this Section,
the sheriff's law enforcement employee may elect to do either
of the following:
        (1) pay to the Fund an amount to be determined by the
    Board, equal to (i) the difference between the amount of
    employee and employer contributions transferred to the
    Fund under Section 3-110.14 and the amounts that would
    have been contributed had such contributions been made at
    the rates applicable to a sheriff's law enforcement
    employee under this Article, plus (ii) interest thereon at
    the actuarially assumed rate, compounded annually, from
    the date of service to the date of payment; or
        (2) have the amount of his or her creditable service
    established under this Section reduced by an amount
    corresponding to the amount by which (i) the employer and
    employee contributions that would have been required if he
    or she had participated in the Fund as a sheriff's law
    enforcement employee during the period for which credit is
    being transferred, plus interest thereon at the
    actuarially assumed rate, compounded annually, from the
    date of termination of the service for which credit is
    being transferred to the date of payment, exceeds (ii) the
    amount actually transferred to the Fund.
    Notwithstanding the amount transferred by the Article 3
fund pursuant to Section 3-110.14, in no event shall the
service credit established under this Section exceed the
lesser of 10 years or the actual amount of service credit that
had been earned in the Article 3 fund. If an amount greater
than the amount described under paragraph (1) is transferred
to the Fund, the additional amount shall be credited to the
account of the sheriff's law enforcement employee's employer.
 
    Section 90. The State Mandates Act is amended by adding
Section 8.46 as follows:
 
    (30 ILCS 805/8.46 new)
    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 102nd General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law, except that Sections 5 and 10 take effect
January 1, 2023.

Effective Date: 6/10/2022