102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3785

 

Introduced 1/21/2022, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-110.10
40 ILCS 5/7-139.14
30 ILCS 805/8.46 new

    Amends the Downstate Police and Illinois Municipal Retirement Fund (IMRF) Articles of the Illinois Pension Code. Provides that within 6 months after the effective date of the amendatory Act, a person may transfer to a fund established under the Downstate Police Article creditable service accumulated under IMRF for service as a county correctional officer upon payment to the police pension fund of a specified amount to be determined by the board. Provides that any person applying to transfer service under the provisions may reinstate credits and creditable service under IMRF that were terminated upon receipt of a separation benefit by paying to IMRF the amount of the separation benefit plus interest thereon at the actuarially assumed rate of interest to the date of payment. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB102 22518 RPS 31659 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB3785LRB102 22518 RPS 31659 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
5changing Sections 3-110.10 and 7-139.14 as follows:
 
6    (40 ILCS 5/3-110.10)
7    Sec. 3-110.10. Transfer from Article 7. Until January 1,
82009, a person may transfer to a fund established under this
9Article up to 8 years of creditable service accumulated under
10Article 7 of this Code upon payment to the fund of an amount to
11be determined by the board, equal to (i) the difference
12between the amount of employee and employer contributions
13transferred to the fund under Section 7-139.11 and the amounts
14that would have been contributed had such contributions been
15made at the rates applicable to an employee under this
16Article, plus (ii) interest thereon at the actuarially assumed
17rate, compounded annually, from the date of service to the
18date of payment.
19    No later than 6 months after July 23, 2021 (the effective
20date of Public Act 102-113) this amendatory Act of the 102nd
21General Assembly, a person may transfer to a fund established
22under this Article creditable service accumulated under
23Article 7 of this Code for service as a sheriff's law

 

 

SB3785- 2 -LRB102 22518 RPS 31659 b

1enforcement employee, person employed by a participating
2municipality to perform police duties, or law enforcement
3officer employed on a full-time basis by a forest preserve
4district upon payment to the fund of an amount to be determined
5by the board, equal to (i) the difference between the amount of
6employee and employer contributions transferred to the fund
7under Section 7-139.14 and the amounts that would have been
8contributed had such contributions been made at the rates
9applicable to an employee under this Article, plus (ii)
10interest thereon at the actuarially assumed rate, compounded
11annually, from the date of service to the date of payment.
12    No later than 6 months after the effective date of this
13amendatory Act of the 102nd General Assembly, a person may
14transfer to a fund established under this Article creditable
15service accumulated under Article 7 of this Code for service
16as a county correctional officer upon payment to the fund of an
17amount to be determined by the board, equal to (i) the
18difference between the amount of employee and employer
19contributions transferred to the fund under Section 7-139.14
20and the amounts that would have been contributed had such
21contributions been made at the rates applicable to an employee
22under this Article, plus (ii) interest thereon at the
23actuarially assumed rate, compounded annually, from the date
24of service to the date of payment.
25(Source: P.A. 102-113, eff. 7-23-21.)
 

 

 

SB3785- 3 -LRB102 22518 RPS 31659 b

1    (40 ILCS 5/7-139.14)
2    Sec. 7-139.14. Transfer to Article 3 pension fund.
3    (a) Within 6 months after July 23, 2021 (the effective
4date of Public Act 102-113) this amendatory Act of the 102nd
5General Assembly, an active member of a pension fund
6established under Article 3 of this Code may apply for
7transfer to that Article 3 pension fund of his or her credits
8and creditable service accumulated in this Fund for service as
9a sheriff's law enforcement employee, person employed by a
10participating municipality to perform police duties, or law
11enforcement officer employed on a full-time basis by a forest
12preserve district. The creditable service shall be transferred
13only upon payment by this Fund to such Article 3 pension fund
14of an amount equal to:
15        (1) the amounts accumulated to the credit of the
16    applicant for the service to be transferred, including
17    interest; and
18        (2) an amount representing employer contributions,
19    equal to the total amount determined under item (1); and
20        (3) any interest paid by the applicant to reinstate
21    such service.
22    Within 6 months after the effective date of this
23amendatory Act of the 102nd General Assembly, an active member
24of a pension fund established under Article 3 of this Code may
25apply for transfer to that Article 3 pension fund of his or her
26credits and creditable service accumulated in this Fund for

 

 

SB3785- 4 -LRB102 22518 RPS 31659 b

1service as a county correctional officer. The creditable
2service shall be transferred only upon payment by this Fund to
3such Article 3 pension fund of an amount equal to:
4        (1) the amounts accumulated to the credit of the
5    applicant for the service to be transferred, including
6    interest; and
7        (2) an amount representing employer contributions,
8    equal to the total amount determined under item (1); and
9        (3) any interest paid by the applicant to reinstate
10    such service.
11    Participation in this Fund as to any credits transferred
12under this Section shall terminate on the date of transfer.
13    (b) Notwithstanding any other provision of this Code, any
14person applying to transfer service under this Section may
15reinstate credits and creditable service terminated upon
16receipt of a separation benefit by paying to the Fund the
17amount of the separation benefit plus interest thereon at the
18actuarially assumed rate of interest to the date of payment.
19Such payment must be made within 90 days after notification by
20the Fund of the cost of such reinstatement.
21(Source: P.A. 102-113, eff. 7-23-21.)
 
22    Section 90. The State Mandates Act is amended by adding
23Section 8.46 as follows:
 
24    (30 ILCS 805/8.46 new)

 

 

SB3785- 5 -LRB102 22518 RPS 31659 b

1    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
28 of this Act, no reimbursement by the State is required for
3the implementation of any mandate created by this amendatory
4Act of the 102nd General Assembly.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.