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




HB1320 EngrossedLRB099 03940 RPS 23957 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 changing
5Sections 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
17this amendatory Act of the 99th General Assembly, elects to
18participate in the Illinois Municipal Retirement Fund under
19this Section shall immediately:
20        (i) give notice of that employment to every police
21    pension fund established under this Article in which he or
22    she has service credit or any entitlement to a pension or
23    other benefit; and



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1        (ii) give notice to the Illinois Municipal Retirement
2    Fund of every police pension fund established under this
3    Article in which he or she has service credit or any
4    entitlement to a pension or other benefit.
5    (b) Until January 1, 1999, a chief of police who has
6elected under this Section to participate in IMRF rather than a
7fund created under this Article may elect to rescind that
8election and transfer his or her participation to the police
9pension fund established under this Article by the employing
10municipality. The chief must notify the boards of trustees of
11both funds in writing of his or her decision to rescind the
12election and transfer participation. A chief of police who
13transfers participation under this subsection (b) shall not be
14deemed ineligible to participate in the police pension fund by
15reason of having failed to apply within the 3-month period
16specified in Section 3-106.
17(Source: P.A. 90-460, eff. 8-17-97.)
18    (40 ILCS 5/3-124.1)  (from Ch. 108 1/2, par. 3-124.1)
19    Sec. 3-124.1. Re-entry into active service.
20    (a) If a police officer who is receiving pension payments
21(other than as provided in Section 3-109.3) re-enters active
22service under this Article with the same municipality, pension
23payment shall be suspended while he or she is in service. When
24he or she again retires, pension payments shall be resumed. If
25the police officer remains in service after re-entry for a



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1period of less than 5 years, the pension shall be the same as
2upon first retirement. If the officer's service after re-entry
3is at least 5 years and the officer makes the required
4contributions during the period of re-entry, his or her pension
5shall be recomputed by taking into account the additional
6period of service and salary.
7    (b) If a person who first entered service under this
8Article after the effective date of this amendatory Act of the
999th General Assembly is receiving pension payments (other than
10as provided in Section 3-109.3) and enters active service as a
11police officer under this Article with a different
12municipality, he or she shall immediately notify the pension
13fund that is making those pension payments of the return to
14service under this Article, and the pension payments shall be
15suspended while the person is in service. The suspension shall
16end upon termination of the service, regardless of whether or
17not the person qualifies for a pension based on that service.
18    (c) If a person who first entered service under this
19Article after the effective date of this amendatory Act of the
2099th General Assembly is receiving pension payments (other than
21as provided in Section 3-109.3) and begins employment as a
22chief of police, then regardless of whether he or she elects to
23participate in a pension fund under this Article, elects under
24Section 3-109.1 to participate in the Illinois Municipal
25Retirement Fund, or chooses not to participate in either of
26those funds with respect to that employment, he or she shall



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1immediately give notice of that employment to the pension fund
2that is making the pension payments, and the pension payments
3shall be suspended for the period of that employment. The
4suspension shall end upon termination of the employment,
5regardless of whether or not the person qualifies for a
6pension, increase in pension, or other retirement benefit based
7on that employment.
8    (d) Notwithstanding the other provisions of this Section,
9if a person is receiving pension payments under this Article
10and enters active service as a police officer under this
11Article with a different municipality, he or she is not subject
12to the notification requirements of this Section and is not
13subject to suspension of pension payments while in that active
14service, if that different municipality had a population of
15less than 6,000 at the time of the return to active service, as
16determined from the best available census data.
17(Source: P.A. 91-939, eff. 2-1-01.)