| ||||
Public Act 102-1061 | ||||
| ||||
| ||||
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.
|