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Full Text of SB0123  102nd General Assembly

SB0123 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0123

 

Introduced 2/3/2021, by Sen. Emil Jones, III

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/5-214  from Ch. 108 1/2, par. 5-214
30 ILCS 805/8.45 new

    Amends the Chicago Police Article of the Illinois Pension Code. Makes changes to provisions concerning credit for service while on a leave of absence from the police department and assigned or detailed to perform safety or investigative work. Provides that the changes made by the amendatory Act requiring an applicant to have been on a leave of absence from the police department of the city while assigned or detailed to perform investigative work for the department while employed as a civilian employee of the police department of the city are operative beginning January 1, 2021. Defines "investigative work". Provides that the board shall reconsider any application for credit for service for any active policeman assigned or detailed to perform safety or investigative work as an employee for the County of Cook (instead of an application for credit under the provisions), if the application was submitted between specified dates and was denied. Provides that no credit shall be granted for certain service while on a leave of absence or as a temporary police officer if the policeman has not, within 5 years after the date his application for credit has been approved, but prior to his date of retirement, made a specified contribution. Provides that it is the sole responsibility of the policeman to ensure that all sums contributed by the policeman have been received by the fund for the service credit for which the policeman has applied. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB102 05186 RPS 15207 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB0123LRB102 05186 RPS 15207 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

 

 

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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
13    perform: (1) performing safety or investigative work as an
14    employee for the County of Cook, the State of Illinois, or
15    the federal government; or (2) county in which such city
16    is principally located or for the State of Illinois or for
17    the federal government, on leave of absence from the
18    department of police, or while performing investigative
19    work for the department while employed as a civilian
20    employee of the police department of the city.
21    Notwithstanding any other provision of law, the board
22    shall reconsider an application for credit for service for
23    any active policeman assigned or detailed to perform
24    safety or investigative work as an employee for the County
25    of Cook, if such application under this item (c) that was
26    submitted after January 1, 1992 and before April 1, 2008

 

 

SB0123- 3 -LRB102 05186 RPS 15207 b

1    and was denied.
2        The changes made to this item (c) by this amendatory
3    Act of the 102nd General Assembly requiring an applicant
4    to have been on a leave of absence from the police
5    department of the city in order to obtain the requested
6    service credit while assigned or detailed to perform
7    safety or investigative work as an employee for the County
8    of Cook or assigned or detailed to perform investigative
9    work for the department while employed as a civilian
10    employee of the police department of the city are
11    operative beginning January 1, 2021.
12        In this item (c), "investigative work" requires a
13    systematic inquiry into the obtainment and examination of
14    facts and evidence and does not include the simple
15    gathering of information.
16        (d) While on leave of absence from the police
17    department of the city and serving as the chief of police
18    of a police department outside the city.
19    No credit shall be granted in this fund, however, for this
20service if (1) the policeman has credit therefor in any other
21annuity and benefit fund, or (2) the policeman has not, within
225 years after the date his application has been approved, but
23prior to his date of retirement, contributed unless he
24contributes to this fund the amount he would have contributed
25with interest had he remained an active member of the police
26department in the position he occupied as a result of a civil

 

 

SB0123- 4 -LRB102 05186 RPS 15207 b

1service competitive examination, certification and appointment
2by the Civil Service Board; or in the case of a city operating
3under the provisions of a personnel ordinance the position he
4occupied as a result of a personnel ordinance competitive
5examination certification and appointment under the authority
6of a Municipal Personnel ordinance.
7    Concurrently with such contributions, the city shall
8contribute the amounts provided by this Article. No credit
9shall be allowed for any period of time for which
10contributions by the policeman have not been paid. It is the
11sole responsibility of the policeman to ensure that all sums
12contributed by the policeman have been received by the fund
13for the service credit for which the policeman has applied.
14The period of service rendered by such policeman prior to the
15date he became a member of the police department of the city or
16while detailed, assigned or on leave of absence and employed
17in any of the departments set forth hereinabove in this
18Section for which such policeman has contributed to this fund
19shall be credited to him as service for all the purposes of
20this Article, except that he shall not have any of the rights
21conferred by the provisions of Sections 5-127 and 5-162 of
22this Article.
23    The changes in this Section made by Public Act 86-273
24shall apply to members of the fund who have not begun receiving
25a pension under this Article on August 23, 1989, without
26regard to whether employment is terminated before that date.

 

 

SB0123- 5 -LRB102 05186 RPS 15207 b

1(Source: P.A. 100-1173, eff. 6-1-19.)
 
2    Section 90. The State Mandates Act is amended by adding
3Section 8.45 as follows:
 
4    (30 ILCS 805/8.45 new)
5    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
68 of this Act, no reimbursement by the State is required for
7the implementation of any mandate created by this amendatory
8Act of the 102nd General Assembly.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.