093_HB0529

 
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 1        AN ACT to amend the Illinois Pension Code.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Pension  Code  is amended by
 5    changing Sections 7-109.3 and 7-142.1 as follows:

 6        (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
 7        Sec. 7-109.3.  "Sheriff's Law Enforcement Employees".
 8        (a)  "Sheriff's  law  enforcement  employee"  or   "SLEP"
 9    means:
10             (1)  A  county  sheriff and all deputies, other than
11        special deputies, employed on a full time  basis  in  the
12        office of the sheriff.
13             (2)  A person who has elected to participate in this
14        Fund  under  Section  3-109.1  of  this  Code, and who is
15        employed  by  a  participating  municipality  to  perform
16        police duties.
17             (3)  A law enforcement officer employed  on  a  full
18        time  basis  by a Forest Preserve District, provided that
19        such officer shall be deemed a "sheriff's law enforcement
20        employee" for the purposes of this Article,  and  service
21        in  that  capacity  shall  be  deemed  to be service as a
22        sheriff's law enforcement employee, only if the board  of
23        commissioners of the District have so elected by adoption
24        of  an affirmative resolution.  Such election, once made,
25        may not be rescinded.
26             (4)  A person not eligible to participate in a  fund
27        established  under Article 3 of this Code who is employed
28        on a full-time basis by a participating  municipality  or
29        participating instrumentality to perform police duties at
30        an  airport,  but  only if the governing authority of the
31        employer has approved sheriff's law enforcement  employee
 
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 1        status for its airport police employees by adoption of an
 2        affirmative  resolution.   Such approval, once given, may
 3        not be rescinded.
 4             (5)  A person who participates in the  Fund  and  is
 5        employed  by  a  participating  municipality  as a county
 6        probation officer, but only if the governing authority of
 7        the  employer  has  approved  sheriff's  law  enforcement
 8        employee  status  for  its   county   probation   officer
 9        employees by adoption of an affirmative resolution.  Such
10        approval, once given, may not be rescinded.
11        (b)  An  employee  who  is  a  sheriff's  law enforcement
12    employee and is granted military leave or authorized leave of
13    absence  shall  receive  service  credit  in  that  capacity.
14    Sheriff's law enforcement employees shall not be entitled  to
15    out-of-State service credit under Section 7-139.
16    (Source: P.A. 92-16, eff. 6-28-01.)

17        (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)
18        Sec. 7-142.1.  Sheriff's law enforcement employees.
19        (a)  In  lieu  of  the  retirement  annuity  provided  by
20    subparagraph  1  of  paragraph  (a)  of  Section  7-142:  Any
21    sheriff's  law  enforcement employee who has 20 or more years
22    of service in that capacity and who terminates service  prior
23    to January 1, 1988 shall be entitled at his option to receive
24    a  monthly  retirement annuity for his service as a sheriff's
25    law enforcement employee computed by multiplying 2% for  each
26    year  of such service up to 10 years, 2 1/4% for each year of
27    such service above 10 years and up to 20 years,  and  2  1/2%
28    for  each  year of such service above 20 years, by his annual
29    final rate of earnings and dividing by 12. Any sheriff's  law
30    enforcement  employee  who has 20 or more years of service in
31    that capacity and who terminates service on or after  January
32    1,  1988 shall be entitled at his option to receive a monthly
33    retirement  annuity  for  his  service  as  a  sheriff's  law
 
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 1    enforcement employee computed by multiplying  2.5%  for  each
 2    year of such service up to 20 years, 2% for each year of such
 3    service  above  20  years and up to 30 years, and 1% for each
 4    year of such service above 30 years, by his annual final rate
 5    of earnings and dividing by 12.
 6        If a sheriff's law enforcement employee  has  service  in
 7    any  other  capacity, his retirement annuity for service as a
 8    sheriff's law enforcement employee may be computed under this
 9    Section and the retirement  annuity  for  his  other  service
10    under Section 7-142.
11        In  no  case  shall  the total monthly retirement annuity
12    exceed 75% of the monthly final rate of earnings.
13        (b)  Whenever  continued  group  insurance  coverage   is
14    elected  in accordance with the provisions of Section 367h of
15    the Illinois Insurance Code, as now or hereafter amended, the
16    total monthly premium  for  such  continued  group  insurance
17    coverage  or  such  portion  thereof  as  is  not paid by the
18    municipality shall, upon request of the person electing  such
19    continued  group  insurance  coverage,  be  deducted from any
20    monthly pension benefit  otherwise  payable  to  such  person
21    pursuant  to  this Section, to be remitted by the Fund to the
22    insurance  company  or  other  entity  providing  the   group
23    insurance coverage.
24        (c)  A sheriff's law enforcement employee who is employed
25    as a county probation officer may convert his or her non-SLEP
26    service credits for previous employment as a county probation
27    officer  into service as a sheriff's law enforcement employee
28    by paying to the Fund  an  amount  equal  to  the  additional
29    contribution required under Section 7-173.1, plus interest at
30    the  prescribed rate from the date of the service to the date
31    of payment.  The interest is waived if payment is made to the
32    Fund within one year of the date that the applicant becomes a
33    sheriff's law enforcement employee based on employment  as  a
34    county  probation  officer.   Conversion of credit under this
 
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 1    subsection is available only if the  governing  authority  of
 2    the employer has approved conversion of prior service for its
 3    county   probation   officer  employees  by  adoption  of  an
 4    affirmative resolution.  This approval, once given,  may  not
 5    be rescinded.
 6    (Source: P.A. 85-941.)

 7        Section  99.  Effective date.  This Act takes effect upon
 8    becoming law.