093_HB1428

 
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 1        AN ACT in relation to public employee benefits.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Pension  Code  is amended by
 5    changing  Section  7-109.3  and  adding  Section  7-142.2  as
 6    follows:

 7        (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
 8        Sec. 7-109.3.  "Sheriff's Law Enforcement Employees".
 9        (a)  "Sheriff's  law  enforcement  employee"  or   "SLEP"
10    means:
11             (1)  A  county  sheriff and all deputies, other than
12        special deputies, employed on a full time  basis  in  the
13        office of the sheriff.
14             (2)  A person who has elected to participate in this
15        Fund  under  Section  3-109.1  of  this  Code, and who is
16        employed  by  a  participating  municipality  to  perform
17        police duties.
18             (3)  A law enforcement officer employed  on  a  full
19        time  basis  by a Forest Preserve District, provided that
20        such officer shall be deemed a "sheriff's law enforcement
21        employee" for the purposes of this Article,  and  service
22        in  that  capacity  shall  be  deemed  to be service as a
23        sheriff's law enforcement employee, only if the board  of
24        commissioners of the District have so elected by adoption
25        of  an affirmative resolution.  Such election, once made,
26        may not be rescinded.
27             (4)  A person not eligible to participate in a  fund
28        established  under Article 3 of this Code who is employed
29        on a full-time basis by a participating  municipality  or
30        participating instrumentality to perform police duties at
31        an  airport,  but  only if the governing authority of the
 
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 1        employer has approved sheriff's law enforcement  employee
 2        status for its airport police employees by adoption of an
 3        affirmative  resolution.   Such approval, once given, may
 4        not be rescinded.
 5             (5)  A person who participates in the  Fund  and  is
 6        employed  by  a  participating  municipality  as a county
 7        probation officer.
 8        (b)  An employee  who  is  a  sheriff's  law  enforcement
 9    employee and is granted military leave or authorized leave of
10    absence  shall  receive  service  credit  in  that  capacity.
11    Sheriff's  law enforcement employees shall not be entitled to
12    out-of-State service credit under Section 7-139.
13    (Source: P.A. 92-16, eff. 6-28-01.)

14        (40 ILCS 5/7-142.2 new)
15        Sec.  7-142.2.   Conversion  of  prior  service  to  SLEP
16    credit.
17        (a)  Conversion of credit under this Section is available
18    only to a sheriff's law enforcement employee who is  employed
19    as  a  county  probation  officer  and  only if the governing
20    authority of the employer has approved  conversion  of  prior
21    service   for  its  county  probation  officer  employees  by
22    adoption of an affirmative resolution.  This  approval,  once
23    given, may not be rescinded.
24        (b)  A sheriff's law enforcement employee who is employed
25    as a county probation officer may convert his or her non-SLEP
26    service credits for previous employment as a county probation
27    officer  with  that  employer into service as a sheriff's law
28    enforcement employee by paying to the Fund an amount equal to
29    the additional contribution required under  Section  7-173.1,
30    plus  interest  at  the  prescribed rate from the date of the
31    service to the date of payment.
32        (c)  The required contribution may be paid to the Fund at
33    any time prior to  retirement  or,  if  the  application  for
 
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 1    conversion  is  made  at  the  time  of  the  application for
 2    retirement, as follows:  If the member is entitled to a  lump
 3    sum payment for accumulated vacation, sick leave, or personal
 4    leave upon withdrawal from service, the employer shall deduct
 5    the  employee  contribution  from  that  lump sum and pay the
 6    deducted amount directly to the Fund.  If there  is  no  such
 7    lump  sum  payment  or  the  required  employee  contribution
 8    exceeds  the  net  amount  of  the lump sum payment, then the
 9    remaining amount due, at the  option  of  the  employee,  may
10    either  be  paid  to the Fund before the annuity commences or
11    deducted from the retirement  annuity  in  24  equal  monthly
12    installments.
13        (d)  The  additional  unfunded  liability  accruing to an
14    employer as a result of service credit converted  under  this
15    Section  in  the  12  months  following  the  adoption of the
16    approval resolution shall be amortized over  a  period  of  5
17    years  beginning  on  January  1  of the second calendar year
18    following the calendar year in which the approval  resolution
19    was  adopted  by  the  employer; except that the employer may
20    provide for a shorter amortization  period  in  the  approval
21    resolution.   The employer, at its discretion, may accelerate
22    payments to the Fund.

23        Section 90.  The State Mandates Act is amended by  adding
24    Section 8.27 as follows:

25        (30 ILCS 805/8.27 new)
26        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
27    and 8 of this Act, no reimbursement by the State is  required
28    for  the  implementation  of  any  mandate  created  by  this
29    amendatory Act of the 93rd General Assembly.

30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.