State of Illinois
90th General Assembly
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90_SB1827

      40 ILCS 5/3-110.8 new
      40 ILCS 5/5-234           from Ch. 108 1/2, par. 5-234
      40 ILCS 5/9-121.10
      30 ILCS 805/8.22 new
          Amends the Illinois Pension  Code.   Allows  transfer  of
      police  service  credits from an Article 3 (downstate police)
      pension fund or the Article 9 (Cook County) pension  fund  to
      the  Article  5  (Chicago  police)  pension fund.  Amends the
      State  Mandates  Act  to   require   implementation   without
      reimbursement.  Effective immediately.
                                                    LRB9009038EGfgA
                                              LRB9009038EGfgA
 1        AN  ACT  to  amend  the  Illinois  Pension Code by adding
 2    Section 3-110.8 and changing Sections 5-234 and 9-121.10  and
 3    to amend the State Mandates Act.
 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:
 6        Section 5.  The  Illinois  Pension  Code  is  amended  by
 7    adding  Section  3-110.8  and  changing  Sections  5-234  and
 8    9-121.10 as follows:
 9        (40 ILCS 5/3-110.8 new)
10        Sec. 3-110.8. Transfer to Article 5 Fund.
11        (a)  Until  January  1,  2000,  any  active member of the
12    Article 5 pension fund may apply for transfer of his  or  her
13    creditable  service  accumulated  in  any police pension fund
14    under this Article to that Article 5  fund.   The  creditable
15    service  shall  be  transferred  upon  payment  by the police
16    pension fund to the Article 5 fund of an amount equal to:
17             (1)  the amounts accumulated to the  credit  of  the
18        applicant  on  the  books  of  the  fund  on  the date of
19        transfer; and
20             (2)  employer contributions in an  amount  equal  to
21        the amount determined under item (1); and
22             (3)  any  interest paid by the applicant in order to
23        reinstate service.
24    Participation in this Fund shall terminate  on  the  date  of
25    transfer.
26        (b)  Until  January  1,  2000,  any  active member of the
27    Article 5 pension fund may reinstate service  in  any  police
28    pension  fund  under  this  Article  that  was  terminated by
29    receipt of a refund, by payment to the police pension fund of
30    the amount of the refund, together with interest  thereon  at
31    the  rate  of 6% per year, compounded annually, from the date
                            -2-               LRB9009038EGfgA
 1    of the refund to the date of repayment.
 2        (40 ILCS 5/5-234) (from Ch. 108 1/2, par. 5-234)
 3        Sec. 5-234.  Transfer of credits.
 4        (a)  Any police officer who has  at  least  10  years  of
 5    creditable  service  in  the  Fund  may transfer to this Fund
 6    credits and creditable service accumulated  under  any  other
 7    pension fund or retirement system established under Article 8
 8    or  12  of this Code, by making application and paying to the
 9    Fund before January 1, 1990 the amount by which the  employee
10    contributions  that  would  have  been  required  if  he  had
11    participated  in this Fund during the period for which credit
12    is being  transferred,  plus  interest,  exceeds  the  amount
13    actually  transferred  from such other fund or system to this
14    Fund under item (1) of Section 8-226.5 or item (1) of Section
15    12-127.5.
16        (b)  A policeman may transfer to this  Fund  credits  and
17    creditable  service accumulated under any police pension fund
18    established under Article 3 of this Code, by  making  written
19    application  to  the  Fund  before  January 1, 2000.  For the
20    transfer to be effective, the policeman must pay to the  Fund
21    before  withdrawal  from service the amount, if any, by which
22    the employee contributions that would have been  required  if
23    he or she had participated in this Fund during the period for
24    which credit is being transferred, plus interest, exceeds the
25    amount  actually  transferred from the Article 3 fund to this
26    Fund under item (1) of subsection (a) of Section 3-110.8.
27        (c)  A policeman may transfer to this  Fund  credits  and
28    creditable service accumulated for service as a member of the
29    county  police  department under the pension fund established
30    under Article 9 of this Code, by making  written  application
31    to  the  Fund before January 1, 2000.  For the transfer to be
32    effective,  the  policeman  must  pay  to  the  Fund   before
33    withdrawal  from  service  the  amount,  if any, by which the
                            -3-               LRB9009038EGfgA
 1    employee contributions that would have been required if he or
 2    she had participated in this Fund during the period for which
 3    credit is  being  transferred,  plus  interest,  exceeds  the
 4    amount  actually  transferred from the Article 9 fund to this
 5    Fund under item (1) of subsection (c) of Section 9-121.10.
 6    (Source: P.A. 86-272.)
 7        (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
 8        Sec. 9-121.10.  Transfer to Article 5 or 14.
 9        (a)  Until July 1, 1993, any active member of  the  State
10    Employees'  Retirement  System  who  is a State policeman may
11    apply for transfer of some or all of his  creditable  service
12    as a member of the County Police Department accumulated under
13    this  Article  to the State Employees' Retirement System.  At
14    the time of the transfer the Fund  shall  pay  to  the  State
15    Employees' Retirement System an amount equal to:
16             (1)  the  amounts  accumulated  to the credit of the
17        applicant on the  books  of  the  Fund  on  the  date  of
18        transfer for the service to be transferred; and
19             (2)  the    corresponding    municipality   credits,
20        including interest, on the books of the Fund on the  date
21        of transfer; and
22             (3)  any  interest paid by the applicant in order to
23        reinstate such service.
24        Participation in this Fund with respect  to  the  credits
25    transferred shall terminate on the date of transfer.
26        (b)  Until  July  1,  1993,  any such State policeman may
27    reinstate credit for service as a member of the County Police
28    Department that was terminated by receipt  of  a  refund,  by
29    paying  to  the  Fund  the amount of the refund with interest
30    thereon at the rate of 6% per year, compounded annually, from
31    the date of refund to the date of payment.
32        (c)  Until January 1, 2000,  any  active  member  of  the
33    Article  5 pension fund may apply for transfer of some or all
                            -4-               LRB9009038EGfgA
 1    of his or her creditable service as a member  of  the  County
 2    Police  Department  accumulated  under  this  Article to that
 3    Article 5 fund.  At the time of the transfer the  Fund  shall
 4    pay to the Article 5 fund an amount equal to:
 5             (1)  the  amounts  accumulated  to the credit of the
 6        applicant on the  books  of  the  Fund  on  the  date  of
 7        transfer for the service to be transferred; and
 8             (2)  an  amount  representing employer contributions
 9        equal to the amount determined under item (1); and
10             (3)  any interest paid by the applicant in order  to
11        reinstate that service.
12    Participation  in  this  Fund  with  respect  to  the credits
13    transferred shall terminate on the date of transfer.
14        (d)  Until January 1, 2000,  any  active  member  of  the
15    Article  5 pension fund may reinstate credit for service as a
16    member of the County Police Department that was terminated by
17    receipt of a refund, by paying to the Fund the amount of  the
18    refund  with  interest  thereon  at  the rate of 6% per year,
19    compounded annually, from the date of refund to the  date  of
20    payment.
21    (Source: P.A. 87-1265.)
22        Section  90.  The State Mandates Act is amended by adding
23    Section 8.22 as follows:
24        (30 ILCS 805/8.22 new)
25        Sec. 8.22. Exempt mandate.   Notwithstanding  Sections  6
26    and  8 of this Act, no reimbursement by the State is required
27    for  the  implementation  of  any  mandate  created  by  this
28    amendatory Act of 1998.
29        Section 99. Effective date.  This Act takes  effect  upon
30    becoming law.

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