Illinois General Assembly - Full Text of HB1320
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Full Text of HB1320  99th General Assembly


Rep. Grant Wehrli

Filed: 4/20/2015





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2    AMENDMENT NO. ______. Amend House Bill 1320 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Pension Code is amended by
5changing Sections 3-109.1 and 3-124.1 as follows:
6    (40 ILCS 5/3-109.1)  (from Ch. 108 1/2, par. 3-109.1)
7    Sec. 3-109.1. Chief of police.
8    (a) Beginning January 1, 1990, any person who is employed
9as the chief of police of a "participating municipality" as
10defined in Section 7-106 of this Code, may elect to participate
11in the Illinois Municipal Retirement Fund rather than in a fund
12created under this Article 3. Except as provided in subsection
13(b), this election shall be irrevocable, and shall be filed in
14writing with the Board of the Illinois Municipal Retirement
16    (a-5) A chief of police who, after the effective date of



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1this amendatory Act of the 99th General Assembly, elects to
2participate in the Illinois Municipal Retirement Fund under
3this Section shall immediately:
4        (i) give notice of that employment to every police
5    pension fund established under this Article in which he or
6    she has service credit or any entitlement to a pension or
7    other benefit; and
8        (ii) give notice to the Illinois Municipal Retirement
9    Fund of every police pension fund established under this
10    Article in which he or she has service credit or any
11    entitlement to a pension or other benefit.
12    (b) Until January 1, 1999, a chief of police who has
13elected under this Section to participate in IMRF rather than a
14fund created under this Article may elect to rescind that
15election and transfer his or her participation to the police
16pension fund established under this Article by the employing
17municipality. The chief must notify the boards of trustees of
18both funds in writing of his or her decision to rescind the
19election and transfer participation. A chief of police who
20transfers participation under this subsection (b) shall not be
21deemed ineligible to participate in the police pension fund by
22reason of having failed to apply within the 3-month period
23specified in Section 3-106.
24(Source: P.A. 90-460, eff. 8-17-97.)
25    (40 ILCS 5/3-124.1)  (from Ch. 108 1/2, par. 3-124.1)



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1    Sec. 3-124.1. Re-entry into active service.
2    (a) If a police officer who is receiving pension payments
3(other than as provided in Section 3-109.3) re-enters active
4service under this Article with the same municipality, pension
5payment shall be suspended while he or she is in service. When
6he or she again retires, pension payments shall be resumed. If
7the police officer remains in service after re-entry for a
8period of less than 5 years, the pension shall be the same as
9upon first retirement. If the officer's service after re-entry
10is at least 5 years and the officer makes the required
11contributions during the period of re-entry, his or her pension
12shall be recomputed by taking into account the additional
13period of service and salary.
14    (b) If a person who first entered service under this
15Article after the effective date of this amendatory Act of the
1699th General Assembly is receiving pension payments (other than
17as provided in Section 3-109.3) and enters active service as a
18police officer under this Article with a different
19municipality, he or she shall immediately notify the pension
20fund that is making those pension payments of the return to
21service under this Article, and the pension payments shall be
22suspended while the person is in service. The suspension shall
23end upon termination of the service, regardless of whether or
24not the person qualifies for a pension based on that service.
25    (c) If a person who first entered service under this
26Article after the effective date of this amendatory Act of the



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199th General Assembly is receiving pension payments (other than
2as provided in Section 3-109.3) and begins employment as a
3chief of police, then regardless of whether he or she elects to
4participate in a pension fund under this Article, elects under
5Section 3-109.1 to participate in the Illinois Municipal
6Retirement Fund, or chooses not to participate in either of
7those funds with respect to that employment, he or she shall
8immediately give notice of that employment to the pension fund
9that is making the pension payments, and the pension payments
10shall be suspended for the period of that employment. The
11suspension shall end upon termination of the employment,
12regardless of whether or not the person qualifies for a
13pension, increase in pension, or other retirement benefit based
14on that employment.
15    (d) Notwithstanding the other provisions of this Section,
16if a person is receiving pension payments under this Article
17and enters active service as a police officer under this
18Article with a different municipality, he or she is not subject
19to the notification requirements of this Section and is not
20subject to suspension of pension payments while in that active
21service, if that different municipality had a population of
22less than 6,000 at the time of the return to active service, as
23determined from the best available census data.
24(Source: P.A. 91-939, eff. 2-1-01.)".