103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3342

 

Introduced 2/17/2023, by Rep. Kelly M. Burke

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/5-214  from Ch. 108 1/2, par. 5-214
30 ILCS 805/8.47 new

    Amends the Chicago Police Article of the Illinois Pension Code. Provides that certain participants are entitled to credit for service while on leave of absence from the police department of the city and assigned or detailed to perform in a sworn law enforcement capacity for: (1) the County of Cook, the State of Illinois, or the federal government (instead of assigned or detailed to perform safety or investigative work as an employee for the County of Cook, the State of Illinois, or the federal government); or (2) the department (instead of investigative work for the department while employed as a civilian employee of the police department of the city). Provides that the changes requiring an applicant for credit for other service to have been performing in a sworn law enforcement capacity are operative beginning January 1, 2024. Makes a conforming change. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB103 30982 RPS 57577 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB3342LRB103 30982 RPS 57577 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 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
8this fund (other than a member of the fire department of the
9city) who has rendered service as a member of the police
10department of the city for a period of 3 years or more is
11entitled to credit for the various purposes of this Article
12for service rendered prior to becoming a member or subsequent
13thereto 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
17    of the city, the department of the Port of Chicago or the
18    sanitary district in which the city is located.
19        (b) As a temporary police officer in the city or while
20    serving in the office of the mayor or in the office of the
21    corporation counsel, as a member of the city council of
22    the city, as an employee of the Policemen's Annuity and
23    Benefit Fund created by this Article, as the head of an

 

 

HB3342- 2 -LRB103 30982 RPS 57577 b

1    organization whose membership consists of members of the
2    police department, the Public Vehicle License Commission
3    and the board of election commissioners of the city,
4    provided that, in each of these cases and for all periods
5    specified in this item (b), including those beginning
6    before the effective date of this amendatory Act of the
7    97th General Assembly, the police officer is on leave and
8    continues to remain in sworn status, subject to the
9    professional standards of the public employer or those
10    terms established in statute.
11        (c) While on leave of absence from the police
12    department of the city and assigned or detailed to perform
13    in a sworn law enforcement capacity for: (1) safety or
14    investigative work as an employee for the County of Cook,
15    the State of Illinois, or the federal government; or (2)
16    investigative work for the department while employed as a
17    civilian employee of the police department of the city.
18    Notwithstanding any other provision of law, the board may
19    reconsider an application for credit for service for any
20    active policeman assigned or detailed to perform safety or
21    investigative work as an employee for the County of Cook,
22    if such application was submitted after January 1, 1992
23    and before April 1, 2008 and was denied and the
24    application for reconsideration is made by December 21,
25    2022.
26        The changes made to this item (c) by this amendatory

 

 

HB3342- 3 -LRB103 30982 RPS 57577 b

1    Act of the 103rd General Assembly requiring an applicant
2    to have been performing in a sworn law enforcement
3    capacity are operative beginning January 1, 2024.
4        The changes made to this item (c) by this amendatory
5    Act of the 102nd General Assembly requiring an applicant
6    to have been on a leave of absence from the police
7    department of the city in order to obtain the requested
8    service credit while assigned or detailed to perform
9    safety or investigative work as an employee for the County
10    of Cook or assigned or detailed to perform investigative
11    work for the department while employed as a civilian
12    employee of the police department of the city are
13    operative beginning January 1, 2023 and until January 1,
14    2024.
15        In this item (c), "investigative work" requires a
16    systematic inquiry into the obtainment and examination of
17    facts and evidence and does not include the simple
18    gathering of information.
19        (d) While on leave of absence from the police
20    department of the city and serving as the chief of police
21    of a police department outside the city.
22    No credit shall be granted in this fund, however, for this
23service if (1) the policeman has credit therefor in any other
24annuity and benefit fund or (2) the policeman has not, within 5
25years after the date his application has been approved, but
26prior to his date of retirement, contributed to this fund the

 

 

HB3342- 4 -LRB103 30982 RPS 57577 b

1amount he would have contributed with interest had he remained
2an active member of the police department in the position he
3occupied as a result of a civil service competitive
4examination, certification and appointment by the Civil
5Service Board; or in the case of a city operating under the
6provisions of a personnel ordinance the position he occupied
7as a result of a personnel ordinance competitive examination
8certification and appointment under the authority of a
9Municipal Personnel ordinance.
10    Concurrently with such contributions, the city shall
11contribute the amounts provided by this Article. No credit
12shall be allowed for any period of time for which
13contributions by the policeman have not been paid. It is the
14sole responsibility of the policeman to ensure that all sums
15contributed by the policeman have been received by the fund
16for the service credit for which the policeman has applied.
17The period of service rendered by such policeman prior to the
18date he became a member of the police department of the city or
19while detailed, assigned or on leave of absence and employed
20in any of the departments set forth hereinabove in this
21Section for which such policeman has contributed to this fund
22shall be credited to him as service for all the purposes of
23this Article, except that he shall not have any of the rights
24conferred by the provisions of Sections 5-127 and 5-162 of
25this Article.
26    The changes in this Section made by Public Act 86-273

 

 

HB3342- 5 -LRB103 30982 RPS 57577 b

1shall apply to members of the fund who have not begun receiving
2a pension under this Article on August 23, 1989, without
3regard to whether employment is terminated before that date.
4(Source: P.A. 102-125, eff. 7-23-21.)
 
5    Section 90. The State Mandates Act is amended by adding
6Section 8.47 as follows:
 
7    (30 ILCS 805/8.47 new)
8    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
98 of this Act, no reimbursement by the State is required for
10the implementation of any mandate created by this amendatory
11Act of the 103rd General Assembly.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.