Illinois General Assembly - Full Text of Public Act 095-0504
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Public Act 095-0504


 

Public Act 0504 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0504
 
SB1380 Enrolled LRB095 10799 AMC 31047 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 adding
Sections 3-110.9, 8-226.7, and 9-121.17 and by changing
Sections 5-146, 5-147, 5-152, and 7-139 as follows:
 
    (40 ILCS 5/3-110.9 new)
    Sec. 3-110.9. Transfer to Article 9.
    (a) Until 6 months after the effective date of this
amendatory Act of the 95th General Assembly, any active member
of a pension fund established under Article 9 of this Code may
apply for transfer of up to 6 years of his or her creditable
service accumulated in any police pension fund under this
Article to the Article 9 fund. Such creditable service shall be
transferred only upon payment by such police pension fund to
the Article 9 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 transfer;
    and
        (2) employer contributions in an amount equal to the
    amount determined under subparagraph (1); and
        (3) any interest paid by the applicant in order to
    reinstate service.
    Participation in the police pension fund shall terminate on
the date of transfer.
    (b) Until 6 months after the effective date of this
amendatory Act of the 95th General Assembly, any active member
of an Article 9 fund may reinstate service that was terminated
by receipt of a refund, by payment to the police pension fund
of the amount of the refund with interest thereon at the rate
of 6% per year, compounded annually, from the date of refund to
the date of payment.
 
    (40 ILCS 5/5-146)  (from Ch. 108 1/2, par. 5-146)
    Sec. 5-146. Wives and widows not entitled to annuities. The
following wives or widows have no right to annuity from the
fund:
    (a) A wife or widow, married subsequent to the effective
date, of a policeman who dies in service, if the marriage
occurred less than one year prior to the policeman's death,
except with respect to a policeman who dies in the performance
of an act of duty, as provided in Section 5-147 in cases where
a widow entitled to an annuity remarries after age 60, or when
a widow entitled to an annuity remarries prior to attaining age
60 and the marriage is terminated, at any time thereafter, by
dissolution of marriage, declaration of invalidity of marriage
or the death of the husband; if after an evidentiary hearing,
however, the Board, at its sole discretion determines that
special circumstances exist warranting payment of a widow's
annuity, then and only then shall the Board have authority to
grant and award the annuity that would have been otherwise
available;
    (b) A wife or widow of a policeman who withdraws, whether
or not he enters upon annuity, and dies out of service, if the
marriage occurred after the effective date and less than one
year prior to the policeman's death, and the widow was not his
wife while he was in service; if after an evidentiary hearing,
however, the Board, at its sole discretion determines that
special circumstances exist warranting payment of a widow's
annuity, then and only then shall the Board have authority to
grant and award the annuity that would have been otherwise
available;
    (c) A wife or widow of a policeman who (1) has served 10 or
more years, (2) dies out of service after he has withdrawn, and
(3) has received a refund of the sums to his credit for
annuity, and such refund has not been repaid in accordance with
the other provisions of this Article;
    (d) A wife or widow of a policeman who dies out of service
after he has withdrawn, and who has not served at least 10
years;
    (e) A former wife of a policeman who has had a judgment of
dissolution of marriage from her policeman husband annulled,
vacated or set aside by court proceedings subsequent to the
policeman's death, unless (1) the proceedings were filed within
5 years after the date of dissolution of marriage, and within 1
year after the policeman's death, and (2) the board was made a
party to the proceedings;
    (f) A widow of a policeman who died prior to January 1,
1922, if she had been denied a pension by the board of trustees
of any police pension fund existing in the city by operation of
any other law;
    (g) A widow of a policeman who has been denied a pension or
annuity by the board created by this Article and who files a
petition for a rehearing, or files a second application for
annuity, unless the petition for rehearing or second
application is filed within 1 year from the date upon which the
annuity was denied by the board; provided, that in the case of
legal disability, the year of limitation shall begin on the day
after the termination of such disability.
(Source: P.A. 86-272.)
 
    (40 ILCS 5/5-147)  (from Ch. 108 1/2, par. 5-147)
    Sec. 5-147. Widow's marriage to terminate annuity.
    (a) Beginning on the effective date of this amendatory Act
of the 95th General Assembly, a widow's annuity shall no longer
be subject to termination or suspension under this Section due
to remarriage. Any widow's annuity that was previously
terminated or suspended under this Section by reason of
remarriage shall, upon application, be resumed as of the date
of the application, but in no event sooner than the effective
date of this amendatory Act. The resumption shall not be
retroactive. This subsection (a) applies regardless of whether
or not the deceased policeman was in service on or after the
effective date of this amendatory Act of the 95th General
Assembly.
    (b) This subsection (b) does not apply on or after the
effective date of this amendatory Act of the 95th General
Assembly.
Any annuity granted to a widow shall be suspended when she
remarries, unless she remarries after attaining age 60 or the
annuity was granted under Section 5-144 and the remarriage
takes place after October 31, 1989. Except as otherwise
provided by this Section, if a widow remarries before reaching
age 60, annuity payment shall be suspended, but the widow's
annuity payments shall be resumed if the subsequent marriage
ends either by dissolution of marriage, declaration of
invalidity of marriage or the death of the husband. If a widow
remarries after attaining age 60, or the annuity was granted
under Section 5-144 and the remarriage takes place after June
1, 1990, regardless of whether or not the deceased policeman
was in service on or after the effective date of this
amendatory Act of 1991, the widow's annuity shall continue
without interruption.
    If when a widow dies she has not received, in form of
annuity, an amount equal to the accumulated employee
contributions for widow's annuity, the difference between such
accumulated contributions and the sum received by her, along
with any part of the accumulated contributions for age and
service annuity remaining in the fund at her death shall be
refunded to the policemen's children, in equal parts to each;
provided, if any child is less than age 18, such part of any
such amount required to pay annuities to such children shall be
transferred to the child's annuity reserve. If no children or
descendants thereof survive the policeman, such refund shall be
paid to the estate of the policeman. In making refunds under
this Section, no interest shall be considered upon either the
total of annuity payments made or the amounts subject to
refund.
(Source: P.A. 86-1488.)
 
    (40 ILCS 5/5-152)  (from Ch. 108 1/2, par. 5-152)
    Sec. 5-152. Child's annuity - Conditions - Amount. A
child's annuity shall be payable in the following cases of
policemen who die on or after the effective date: (a) A
policeman whose death results from injury incurred in the
performance of an act or acts of duty; (b) a policeman who dies
in service from any cause; (c) a policeman who withdraws upon
or after attainment of age 50 and who enters upon or is
eligible for annuity; (d) a present employee with at least 20
years of service who dies after withdrawal, whether or not he
has entered upon annuity.
    A child to be eligible must have been born or legally
adopted before the policeman has withdrawn from service. In the
case of an adopted child, the policeman shall be married and
living with his wife at the time of the adoption, and the
proceedings for adoption must have been initiated at least 6
months prior to the policeman's death. The requirement that the
proceedings for adoption be initiated at least 6 months prior
to the policeman's death does not apply where death occurs as a
result of an act of duty.
    Only one annuity shall be granted and paid for the benefit
of any child if both parents have been policemen.
    The annuity shall be paid, without regard to the fact that
the death of the deceased policeman parent may have occurred
prior to the effective date of this amendatory Act of 1975, in
an amount equal to 10% of the annual maximum salary attached to
the classified civil service position of a first class
patrolman on July 1, 1975, or the date of the policeman's
death, whichever is later, for each child while a widow or
widower of the deceased policeman survives and in an amount
equal to 15% of the annual maximum salary attached to the
classified civil service position of a first class patrolman on
July 1, 1975, or the date of the policeman's death, whichever
is later, while no widow or widower shall survive, provided
that if the combined annuities for the widow and children of a
policeman who dies on or after September 26, 1969, as the
result of an act of duty, or for the children of such policeman
in any case wherein a widow or widower does not exist, exceed
the salary that would ordinarily have been paid to him if he
had been in the active discharge of his duties, all such
annuities shall be reduced pro rata so that the combined
annuities for the family shall not exceed such limitation. The
compensation portion of the annuity of the widow shall not be
considered in making such reduction. No age limitation in this
Section or Section 5-151 shall apply to a child who is so
physically or mentally handicapped as to be unable to support
himself or herself. Benefits payable under this Section shall
not be reduced or terminated by reason of any child's
attainment of age 18 if he is then dependent by reason of a
physical or mental disability but shall continue to be paid as
long as such dependency continues. For the purposes of this
subsection, "disability" means inability to engage in any
substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be
expected to result in death or which has lasted or can be
expected to last for a continuous period of not less than 12
months.
    In the case of a family of a policeman who dies on or after
September 26, 1969, as the result of any cause other than the
performance of an act of duty, in which annuities for such
family exceed an amount equal to 60% of the salary that would
ordinarily have been paid to him if he had been in the active
discharge of his duties, all such annuities shall be reduced
pro rata so that the combined annuities shall not exceed such
limitation.
    Child's annuity shall be paid to the parent providing for
the child, unless another person is appointed by a court of law
as the child's guardian.
(Source: P.A. 79-699; 79-881; 79-1454.)
 
    (40 ILCS 5/7-139)  (from Ch. 108 1/2, par. 7-139)
    Sec. 7-139. Credits and creditable service to employees.
    (a) Each participating employee shall be granted credits
and creditable service, for purposes of determining the amount
of any annuity or benefit to which he or a beneficiary is
entitled, as follows:
        1. For prior service: Each participating employee who
    is an employee of a participating municipality or
    participating instrumentality on the effective date shall
    be granted creditable service, but no credits under
    paragraph 2 of this subsection (a), for periods of prior
    service for which credit has not been received under any
    other pension fund or retirement system established under
    this Code, as follows:
        If the effective date of participation for the
    participating municipality or participating
    instrumentality is on or before January 1, 1998, creditable
    service shall be granted for the entire period of prior
    service with that employer without any employee
    contribution.
        If the effective date of participation for the
    participating municipality or participating
    instrumentality is after January 1, 1998, creditable
    service shall be granted for the last 20% of the period of
    prior service with that employer, but no more than 5 years,
    without any employee contribution. A participating
    employee may establish creditable service for the
    remainder of the period of prior service with that employer
    by making an application in writing, accompanied by payment
    of an employee contribution in an amount determined by the
    Fund, based on the employee contribution rates in effect at
    the time of application for the creditable service and the
    employee's salary rate on the effective date of
    participation for that employer, plus interest at the
    effective rate from the date of the prior service to the
    date of payment. Application for this creditable service
    may be made at any time while the employee is still in
    service.
        A municipality that (i) has at least 35 employees; (ii)
    is located in a county with at least 2,000,000 inhabitants;
    and (iii) maintains an independent defined benefit pension
    plan for the benefit of its eligible employees may restrict
    creditable service in whole or in part for periods of prior
    service with the employer if the governing body of the
    municipality adopts an irrevocable resolution to restrict
    that creditable service and files the resolution with the
    board before the municipality's effective date of
    participation.
        Any person who has withdrawn from the service of a
    participating municipality or participating
    instrumentality prior to the effective date, who reenters
    the service of the same municipality or participating
    instrumentality after the effective date and becomes a
    participating employee is entitled to creditable service
    for prior service as otherwise provided in this subdivision
    (a)(1) only if he or she renders 2 years of service as a
    participating employee after the effective date.
    Application for such service must be made while in a
    participating status. The salary rate to be used in the
    calculation of the required employee contribution, if any,
    shall be the employee's salary rate at the time of first
    reentering service with the employer after the employer's
    effective date of participation.
        2. For current service, each participating employee
    shall be credited with:
            a. Additional credits of amounts equal to each
        payment of additional contributions received from him
        under Section 7-173, as of the date the corresponding
        payment of earnings is payable to him.
            b. Normal credits of amounts equal to each payment
        of normal contributions received from him, as of the
        date the corresponding payment of earnings is payable
        to him, and normal contributions made for the purpose
        of establishing out-of-state service credits as
        permitted under the conditions set forth in paragraph 6
        of this subsection (a).
            c. Municipality credits in an amount equal to 1.4
        times the normal credits, except those established by
        out-of-state service credits, as of the date of
        computation of any benefit if these credits would
        increase the benefit.
            d. Survivor credits equal to each payment of
        survivor contributions received from the participating
        employee as of the date the corresponding payment of
        earnings is payable, and survivor contributions made
        for the purpose of establishing out-of-state service
        credits.
        3. For periods of temporary and total and permanent
    disability benefits, each employee receiving disability
    benefits shall be granted creditable service for the period
    during which disability benefits are payable. Normal and
    survivor credits, based upon the rate of earnings applied
    for disability benefits, shall also be granted if such
    credits would result in a higher benefit to any such
    employee or his beneficiary.
        4. For authorized leave of absence without pay: A
    participating employee shall be granted credits and
    creditable service for periods of authorized leave of
    absence without pay under the following conditions:
            a. An application for credits and creditable
        service is submitted to the board while the employee is
        in a status of active employment, and within 2 years
        after termination of the leave of absence period for
        which credits and creditable service are sought.
            b. Not more than 12 complete months of creditable
        service for authorized leave of absence without pay
        shall be counted for purposes of determining any
        benefits payable under this Article.
            c. Credits and creditable service shall be granted
        for leave of absence only if such leave is approved by
        the governing body of the municipality, including
        approval of the estimated cost thereof to the
        municipality as determined by the fund, and employee
        contributions, plus interest at the effective rate
        applicable for each year from the end of the period of
        leave to date of payment, have been paid to the fund in
        accordance with Section 7-173. The contributions shall
        be computed upon the assumption earnings continued
        during the period of leave at the rate in effect when
        the leave began.
            d. Benefits under the provisions of Sections
        7-141, 7-146, 7-150 and 7-163 shall become payable to
        employees on authorized leave of absence, or their
        designated beneficiary, only if such leave of absence
        is creditable hereunder, and if the employee has at
        least one year of creditable service other than the
        service granted for leave of absence. Any employee
        contributions due may be deducted from any benefits
        payable.
            e. No credits or creditable service shall be
        allowed for leave of absence without pay during any
        period of prior service.
        5. For military service: The governing body of a
    municipality or participating instrumentality may elect to
    allow creditable service to participating employees who
    leave their employment to serve in the armed forces of the
    United States for all periods of such service, provided
    that the person returns to active employment within 90 days
    after completion of full time active duty, but no
    creditable service shall be allowed such person for any
    period that can be used in the computation of a pension or
    any other pay or benefit, other than pay for active duty,
    for service in any branch of the armed forces of the United
    States. If necessary to the computation of any benefit, the
    board shall establish municipality credits for
    participating employees under this paragraph on the
    assumption that the employee received earnings at the rate
    received at the time he left the employment to enter the
    armed forces. A participating employee in the armed forces
    shall not be considered an employee during such period of
    service and no additional death and no disability benefits
    are payable for death or disability during such period.
        Any participating employee who left his employment
    with a municipality or participating instrumentality to
    serve in the armed forces of the United States and who
    again became a participating employee within 90 days after
    completion of full time active duty by entering the service
    of a different municipality or participating
    instrumentality, which has elected to allow creditable
    service for periods of military service under the preceding
    paragraph, shall also be allowed creditable service for his
    period of military service on the same terms that would
    apply if he had been employed, before entering military
    service, by the municipality or instrumentality which
    employed him after he left the military service and the
    employer costs arising in relation to such grant of
    creditable service shall be charged to and paid by that
    municipality or instrumentality.
        Notwithstanding the foregoing, any participating
    employee shall be entitled to creditable service as
    required by any federal law relating to re-employment
    rights of persons who served in the United States Armed
    Services. Such creditable service shall be granted upon
    payment by the member of an amount equal to the employee
    contributions which would have been required had the
    employee continued in service at the same rate of earnings
    during the military leave period, plus interest at the
    effective rate.
        5.1. In addition to any creditable service established
    under paragraph 5 of this subsection (a), creditable
    service may be granted for up to 24 months of service in
    the armed forces of the United States.
        In order to receive creditable service for military
    service under this paragraph 5.1, a participating employee
    must (1) apply to the Fund in writing and provide evidence
    of the military service that is satisfactory to the Board;
    (2) obtain the written approval of the current employer;
    and (3) make contributions to the Fund equal to (i) the
    employee contributions that would have been required had
    the service been rendered as a member, plus (ii) an amount
    determined by the board to be equal to the employer's
    normal cost of the benefits accrued for that military
    service, plus (iii) interest on items (i) and (ii) from the
    date of first membership in the Fund to the date of
    payment. If payment is made during the 6-month period that
    begins 3 months after the effective date of this amendatory
    Act of 1997, the required interest shall be at the rate of
    2.5% per year, compounded annually; otherwise, the
    required interest shall be calculated at the regular
    interest rate.
        6. For out-of-state service: Creditable service shall
    be granted for service rendered to an out-of-state local
    governmental body under the following conditions: The
    employee had participated and has irrevocably forfeited
    all rights to benefits in the out-of-state public employees
    pension system; the governing body of his participating
    municipality or instrumentality authorizes the employee to
    establish such service; the employee has 2 years current
    service with this municipality or participating
    instrumentality; the employee makes a payment of
    contributions, which shall be computed at 8% (normal) plus
    2% (survivor) times length of service purchased times the
    average rate of earnings for the first 2 years of service
    with the municipality or participating instrumentality
    whose governing body authorizes the service established
    plus interest at the effective rate on the date such
    credits are established, payable from the date the employee
    completes the required 2 years of current service to date
    of payment. In no case shall more than 120 months of
    creditable service be granted under this provision.
        7. For retroactive service: Any employee who could have
    but did not elect to become a participating employee, or
    who should have been a participant in the Municipal Public
    Utilities Annuity and Benefit Fund before that fund was
    superseded, may receive creditable service for the period
    of service not to exceed 50 months; however, a current or
    former elected or appointed official of a participating
    municipality may establish credit under this paragraph 7
    for more than 50 months of service as an official of that
    municipality, if the excess over 50 months is approved by
    resolution of the governing body of the affected
    municipality filed with the Fund before January 1, 2002.
        Any employee who is a participating employee on or
    after September 24, 1981 and who was excluded from
    participation by the age restrictions removed by Public Act
    82-596 may receive creditable service for the period, on or
    after January 1, 1979, excluded by the age restriction and,
    in addition, if the governing body of the participating
    municipality or participating instrumentality elects to
    allow creditable service for all employees excluded by the
    age restriction prior to January 1, 1979, for service
    during the period prior to that date excluded by the age
    restriction. Any employee who was excluded from
    participation by the age restriction removed by Public Act
    82-596 and who is not a participating employee on or after
    September 24, 1981 may receive creditable service for
    service after January 1, 1979. Creditable service under
    this paragraph shall be granted upon payment of the
    employee contributions which would have been required had
    he participated, with interest at the effective rate for
    each year from the end of the period of service established
    to date of payment.
        8. For accumulated unused sick leave: A participating
    employee who is applying for a retirement annuity shall be
    entitled to creditable service for that portion of the
    employee's accumulated unused sick leave for which payment
    is not received, as follows:
            a. Sick leave days shall be limited to those
        accumulated under a sick leave plan established by a
        participating municipality or participating
        instrumentality which is available to all employees or
        a class of employees.
            b. Only sick leave days accumulated with a
        participating municipality or participating
        instrumentality with which the employee was in service
        within 60 days of the effective date of his retirement
        annuity shall be credited; If the employee was in
        service with more than one employer during this period
        only the sick leave days with the employer with which
        the employee has the greatest number of unpaid sick
        leave days shall be considered.
            c. The creditable service granted shall be
        considered solely for the purpose of computing the
        amount of the retirement annuity and shall not be used
        to establish any minimum service period required by any
        provision of the Illinois Pension Code, the effective
        date of the retirement annuity, or the final rate of
        earnings.
            d. The creditable service shall be at the rate of
        1/20 of a month for each full sick day, provided that
        no more than 12 months may be credited under this
        subdivision 8.
            e. Employee contributions shall not be required
        for creditable service under this subdivision 8.
            f. Each participating municipality and
        participating instrumentality with which an employee
        has service within 60 days of the effective date of his
        retirement annuity shall certify to the board the
        number of accumulated unpaid sick leave days credited
        to the employee at the time of termination of service.
        9. For service transferred from another system:
    Credits and creditable service shall be granted for service
    under Article 3, 4, 5, 8, 14, or 16 of this Act, to any
    active member of this Fund, and to any inactive member who
    has been a county sheriff, upon transfer of such credits
    pursuant to Section 3-110.3, 4-108.3, 5-235, 8-226.7,
    14-105.6, or 16-131.4, and payment by the member of the
    amount by which (1) the employer and employee contributions
    that would have been required if he had participated in
    this Fund as a sheriff's law enforcement employee during
    the period for which credit is being transferred, plus
    interest thereon at the effective rate for each year,
    compounded annually, from the date of termination of the
    service for which credit is being transferred to the date
    of payment, exceeds (2) the amount actually transferred to
    the Fund. Such transferred service shall be deemed to be
    service as a sheriff's law enforcement employee for the
    purposes of Section 7-142.1.
        10. For service transferred from an Article 3 system
    under Section 3-110.8: Credits and creditable service
    shall be granted for service under Article 3 of this Act as
    provided in Section 3-110.8, to any active member of this
    Fund upon transfer of such credits pursuant to Section
    3-110.8. If the amount by which (1) the employer and
    employee contributions that would have been required if he
    had participated in this Fund during the period for which
    credit is being transferred, plus interest thereon at the
    effective rate for each year, compounded annually, from the
    date of termination of the service for which credit is
    being transferred to the date of payment, exceeds (2) the
    amount actually transferred to the Fund, then the amount of
    creditable service established under this paragraph 10
    shall be reduced by a corresponding amount in accordance
    with the rules and procedures established under this
    paragraph 10.
        The board shall establish by rule the manner of making
    the calculation required under this paragraph 10, taking
    into account the appropriate actuarial assumptions; the
    member's service, age, and salary history; the level of
    funding of the employer; and any other factors that the
    board determines to be relevant.
    (b) Creditable service - amount:
        1. One month of creditable service shall be allowed for
    each month for which a participating employee made
    contributions as required under Section 7-173, or for which
    creditable service is otherwise granted hereunder. Not
    more than 1 month of service shall be credited and counted
    for 1 calendar month, and not more than 1 year of service
    shall be credited and counted for any calendar year. A
    calendar month means a nominal month beginning on the first
    day thereof, and a calendar year means a year beginning
    January 1 and ending December 31.
        2. A seasonal employee shall be given 12 months of
    creditable service if he renders the number of months of
    service normally required by the position in a 12-month
    period and he remains in service for the entire 12-month
    period. Otherwise a fractional year of service in the
    number of months of service rendered shall be credited.
        3. An intermittent employee shall be given creditable
    service for only those months in which a contribution is
    made under Section 7-173.
    (c) No application for correction of credits or creditable
service shall be considered unless the board receives an
application for correction while (1) the applicant is a
participating employee and in active employment with a
participating municipality or instrumentality, or (2) while
the applicant is actively participating in a pension fund or
retirement system which is a participating system under the
Retirement Systems Reciprocal Act. A participating employee or
other applicant shall not be entitled to credits or creditable
service unless the required employee contributions are made in
a lump sum or in installments made in accordance with board
rule.
    (d) Upon the granting of a retirement, surviving spouse or
child annuity, a death benefit or a separation benefit, on
account of any employee, all individual accumulated credits
shall thereupon terminate. Upon the withdrawal of additional
contributions, the credits applicable thereto shall thereupon
terminate. Terminated credits shall not be applied to increase
the benefits any remaining employee would otherwise receive
under this Article.
(Source: P.A. 93-933, eff. 8-13-04; 94-356, eff. 7-29-05.)
 
    (40 ILCS 5/8-226.7 new)
    Sec. 8-226.7. Transfer to Article 7. Until 6 months after
the effective date of this amendatory Act of the 95th General
Assembly, any member who is a sheriff's law enforcement
employee under Article 7 of this Code who is eligible to
transfer service credit to that Fund from this Fund under
paragraph (9) of subsection (a) of Section 7-139 may apply for
transfer of that service credit to the Illinois Municipal
Retirement Fund. The credits and creditable service shall be
transferred upon application, and shall include payment by this
Fund to the Illinois Municipal Retirement Fund of:
        (1) the amounts accumulated to the credit of the
    applicant for that service, including interest, on the
    books of the Fund on the date of transfer; and
        (2) the corresponding employer credits computed and
    credited for that service under this Article, including
    interest, on the books of the Fund on the date of transfer.
    Participation in this Fund as to the credits transferred
under this Section shall terminate on the date of transfer.
 
    (40 ILCS 5/9-121.17 new)
    Sec. 9-121.17. Transfer from Article 3. Until 6 months
after the effective date, an employee may transfer to this Fund
up to 6 years of creditable service accumulated under Article 3
of this Code, upon payment to this Fund of (1) the amount by
which the employee and employer contributions that would have
been required if the employee had participated in this Fund
during the period for which credit is being transferred, plus
interest, exceeds the amount actually transferred from the
Article 3 fund to this Fund, plus (2) interest on the amount
determined under item (1) at the rate of 6% per year,
compounded annually, from the date of the transfer to the date
of payment.
 
    Section 90. The State Mandates Act is amended by adding
Section 8.31 as follows:
 
    (30 ILCS 805/8.31 new)
    Sec. 8.31. 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 95th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/28/2007