Full Text of SB3866 101st General Assembly
SB3866sam001 101ST GENERAL ASSEMBLY | Sen. Emil Jones, III Filed: 5/26/2020
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| 1 | | AMENDMENT TO SENATE BILL 3866
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3866 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 5-214 as follows:
| 6 | | (40 ILCS 5/5-214) (from Ch. 108 1/2, par. 5-214)
| 7 | | Sec. 5-214. Credit for other service. Any participant in | 8 | | this fund (other
than a member of the fire department of the | 9 | | city) who has rendered service
as a member of the police | 10 | | department of the city for a period of 3 years
or more is | 11 | | entitled to credit for the various purposes of this Article for
| 12 | | service rendered prior to becoming a member or subsequent | 13 | | thereto for the
following periods:
| 14 | | (a) While on leave of absence from the police | 15 | | department assigned or
detailed to investigative, | 16 | | protective, security or police work for the park
district |
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| 1 | | of the city, the department of the Port of Chicago or the | 2 | | sanitary
district in which the city is located.
| 3 | | (b) As a temporary police officer in the city or while | 4 | | serving in the
office of the mayor or in the office of the | 5 | | corporation counsel, as a
member of the city council of the | 6 | | city, as an employee of the Policemen's
Annuity and Benefit | 7 | | Fund created by this Article, as the head
of an | 8 | | organization whose membership consists of members of the | 9 | | police
department, the Public Vehicle License Commission | 10 | | and the board of election
commissioners of the city, | 11 | | provided that, in each of these cases and for all periods | 12 | | specified in this item (b), including those beginning | 13 | | before the effective date of this amendatory Act of the | 14 | | 97th General Assembly, the police officer is on leave and | 15 | | continues to remain in sworn status, subject to the | 16 | | professional standards of the public employer or those | 17 | | terms established in statute.
| 18 | | (c) While on leave of absence from the police | 19 | | department of the city and assigned or detailed to perform: | 20 | | (1) performing safety or investigative work as an employee | 21 | | for the County of Cook, the State of Illinois, or the | 22 | | federal government; or (2) county in which
such city is | 23 | | principally located or for the State of Illinois or for the
| 24 | | federal government, on leave of absence from the department | 25 | | of police, or
while performing investigative work for the | 26 | | department while employed as a civilian
employee of the |
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| 1 | | police department of the city . Notwithstanding any other | 2 | | provision of law, the board shall reconsider an application | 3 | | for credit for service for any active policeman assigned or | 4 | | detailed to perform safety or investigative work as an | 5 | | employee for the County of Cook, if such application under | 6 | | this item (c) that was submitted after January 1, 1992 and | 7 | | before April 1, 2008 and was denied.
| 8 | | The changes made to this item (c) by this amendatory | 9 | | Act of the 101st General Assembly requiring an applicant to | 10 | | have been on a leave of absence from the police department | 11 | | of the city in order to obtain the requested service credit | 12 | | while assigned or detailed to perform safety or | 13 | | investigative work as an employee for the County of Cook or | 14 | | assigned or detailed to perform investigative work for the | 15 | | department while employed as a civilian employee of the | 16 | | police department of the city are operative beginning | 17 | | January 1, 2021. | 18 | | In this item (c), "investigative work" requires a | 19 | | systematic inquiry into the obtainment and examination of | 20 | | facts and evidence and does not include the simple | 21 | | gathering of information.
| 22 | | (d) While on leave of absence from the police | 23 | | department of the city
and serving as the chief of police | 24 | | of a police department outside the city.
| 25 | | No credit shall be granted in this fund, however, for this | 26 | | service if (1) the
policeman has credit therefor in any other |
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| 1 | | annuity and benefit fund , or (2) the policeman has not, within | 2 | | 5 years after the date his application has been approved, but | 3 | | prior to his date of retirement, contributed
unless he | 4 | | contributes to this fund the amount he would have contributed
| 5 | | with interest had he remained an active member of the police | 6 | | department
in the position he occupied as a result of a civil | 7 | | service competitive
examination, certification and appointment | 8 | | by the Civil Service Board; or
in the case of a city operating | 9 | | under the provisions of a personnel ordinance
the position he | 10 | | occupied as a result of a personnel ordinance competitive
| 11 | | examination certification and appointment under the authority | 12 | | of a Municipal
Personnel ordinance.
| 13 | | Concurrently with such contributions, the city shall | 14 | | contribute the amounts
provided by this Article. No credit | 15 | | shall be allowed for any period of
time for which contributions | 16 | | by the policeman have not been paid. It is the sole | 17 | | responsibility of the policeman to ensure that all sums | 18 | | contributed by the policeman have been received by the fund for | 19 | | the service credit for which the policeman has applied. The | 20 | | period
of service rendered by such policeman prior to the date | 21 | | he became a member
of the police department of the city or | 22 | | while detailed, assigned or on leave
of absence and employed in | 23 | | any of the departments set forth hereinabove
in this Section | 24 | | for which such policeman has contributed to this fund shall
be | 25 | | credited to him as service for all the purposes of this | 26 | | Article, except
that he shall not have any of the rights |
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| 1 | | conferred by the provisions of
Sections 5-127 and 5-162 of this | 2 | | Article.
| 3 | | The changes in this Section made by Public Act 86-273 shall | 4 | | apply to members
of the fund who have not begun receiving a | 5 | | pension under this Article on August
23, 1989, without regard | 6 | | to whether employment is terminated before that date.
| 7 | | (Source: P.A. 100-1173, eff. 6-1-19 .)
| 8 | | Section 90. The State Mandates Act is amended by adding | 9 | | Section 8.44 as follows: | 10 | | (30 ILCS 805/8.44 new) | 11 | | Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 | 12 | | of this Act, no reimbursement by the State is required for the | 13 | | implementation of any mandate created by this amendatory Act of | 14 | | the 101st General Assembly. | 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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