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Full Text of HB1159  100th General Assembly

HB1159 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1159

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-109  from Ch. 108 1/2, par. 3-109

    Amends the Downstate Police Article of the Illinois Pension Code. Makes a technical change in a Section concerning persons who are excluded from participation in a fund created under the Article.


LRB100 02322 RPS 12327 b

PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1159LRB100 02322 RPS 12327 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Section 3-109 as follows:
 
6    (40 ILCS 5/3-109)  (from Ch. 108 1/2, par. 3-109)
7    Sec. 3-109. Persons excluded.
8    (a) The The following persons shall not be eligible to
9participate in a fund created under this Article:
10        (1) part-time police officers, special police
11    officers, night watchmen, temporary employees, traffic
12    guards or so-called auxiliary police officers specially
13    appointed to aid or direct traffic at or near schools or
14    public functions, or to aid in civil defense, municipal
15    parking lot attendants, clerks or other civilian employees
16    of a police department who perform clerical duties
17    exclusively;
18        (2) any police officer who fails to pay the
19    contributions required under Section 3-125.1, computed (i)
20    for funds established prior to August 5, 1963, from the
21    date the municipality established the fund or the date of a
22    police officer's first appointment (including an
23    appointment on probation), whichever is later, or (ii) for

 

 

HB1159- 2 -LRB100 02322 RPS 12327 b

1    funds established after August 5, 1963, from the date, as
2    determined from the statistics or census provided in
3    Section 3-103, the municipality became subject to this
4    Article by attaining the minimum population or by
5    referendum, or the date of a police officer's first
6    appointment (including an appointment on probation),
7    whichever is later, and continuing during his or her entire
8    service as a police officer; and
9        (3) any person who has elected under Section 3-109.1 to
10    participate in the Illinois Municipal Retirement Fund
11    rather than in a fund established under this Article,
12    without regard to whether the person continues to be
13    employed as chief of police or is employed in some other
14    rank or capacity within the police department, unless the
15    person has lawfully rescinded that election.
16    (b) A police officer who is reappointed shall, before being
17declared eligible to participate in the pension fund, repay to
18the fund as required by Section 3-124 any refund received
19thereunder.
20    (c) Any person otherwise qualified to participate who was
21excluded from participation by reason of the age restriction
22removed by Public Act 79-1165 may elect to participate by
23making a written application to the Board before January 1,
241990. Persons so electing shall begin participation on the
25first day of the month following the date of application. Such
26persons may also elect to establish creditable service for

 

 

HB1159- 3 -LRB100 02322 RPS 12327 b

1periods of employment as a police officer during which they did
2not participate by paying into the police pension fund, before
3January 1, 1990, the amount that the person would have
4contributed had deductions from salary been made for such
5purpose at the time such service was rendered, together with
6interest thereon at 6% per annum from the time such service was
7rendered until the date the payment is made.
8    (d) A person otherwise qualified to participate who was
9excluded from participation by reason of the fitness
10requirement removed by this amendatory Act of 1995 may elect to
11participate by making a written application to the Board before
12July 1, 1996. Persons so electing shall begin participation on
13the first day of the month following the month in which the
14application is received by the Board. These persons may also
15elect to establish creditable service for periods of employment
16as a police officer during which they did not participate by
17paying into the police pension fund, before January 1, 1997,
18the amount that the person would have contributed had
19deductions from salary been made for this purpose at the time
20the service was rendered, together with interest thereon at 6%
21per annum, compounded annually, from the time the service was
22rendered until the date of payment.
23    (e) A person employed by the Village of Shiloh who is
24otherwise qualified to participate and was excluded from
25participation by reason of his or her failure to make written
26application to the Board within 3 months after receiving his or

 

 

HB1159- 4 -LRB100 02322 RPS 12327 b

1her first appointment or reappointment as required under
2Section 3-106 may elect to participate by making a written
3application to the Board before July 1, 2008. Persons so
4electing shall begin participation on the first day of the
5month following the month in which the application is received
6by the Board. These persons may also elect to establish
7creditable service for periods of employment as a police
8officer during which they did not participate by paying into
9the police pension fund, before January 1, 2009, the amount
10that the person would have contributed had deductions from
11salary been made for this purpose at the time the service was
12rendered, together with interest thereon at 6% per annum,
13compounded annually, from the time the service was rendered
14until the date of payment. The Village of Shiloh must pay to
15the System the corresponding employer contributions, plus
16interest.
17    (f) A person who has entered into a personal services
18contract to perform police duties for the Village of
19Bartonville on or before the effective date of this amendatory
20Act of the 96th General Assembly may be appointed as an officer
21in the Village of Bartonville within 6 months after the
22effective date of this amendatory Act, but shall be excluded
23from participating under this Article.
24    (g) A person employed by the Village of Glen Carbon who is
25otherwise qualified to participate and was excluded from
26participation by reason of his or her failure to make written

 

 

HB1159- 5 -LRB100 02322 RPS 12327 b

1application to the Board within 3 months after receiving his or
2her first appointment or reappointment as required under
3Section 3-106 may elect to participate by making a written
4application to the Board before January 1, 2011. Persons so
5electing shall begin participation on the first day of the
6month following the month in which the application is received
7by the Board. These persons may also elect to establish
8creditable service for periods of employment as a police
9officer during which they did not participate by paying into
10the police pension fund, before July 1, 2011, (i) employee
11contributions that the person would have contributed had
12deductions from salary been made for this purpose at the time
13the service was rendered, (ii) employer contributions that the
14employer would have contributed had deductions from salary been
15made for this purpose at the time the service was rendered,
16plus (iii) interest on items (i) and (ii) at the actuarially
17assumed interest rate, compounded annually, from the time the
18service was rendered until the date of payment.
19(Source: P.A. 95-483, eff. 8-28-07; 96-775, eff. 8-28-09;
2096-1252, eff. 7-23-10.)