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Public Act 102-0125


 

Public Act 0125 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0125
 
HB0426 EnrolledLRB102 05185 RPS 15206 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by
changing Section 5-214 as follows:
 
    (40 ILCS 5/5-214)  (from Ch. 108 1/2, par. 5-214)
    Sec. 5-214. Credit for other service. Any participant in
this fund (other than a member of the fire department of the
city) who has rendered service as a member of the police
department of the city for a period of 3 years or more is
entitled to credit for the various purposes of this Article
for service rendered prior to becoming a member or subsequent
thereto for the following periods:
        (a) While on leave of absence from the police
    department assigned or detailed to investigative,
    protective, security or police work for the park district
    of the city, the department of the Port of Chicago or the
    sanitary district in which the city is located.
        (b) As a temporary police officer in the city or while
    serving in the office of the mayor or in the office of the
    corporation counsel, as a member of the city council of
    the city, as an employee of the Policemen's Annuity and
    Benefit Fund created by this Article, as the head of an
    organization whose membership consists of members of the
    police department, the Public Vehicle License Commission
    and the board of election commissioners of the city,
    provided that, in each of these cases and for all periods
    specified in this item (b), including those beginning
    before the effective date of this amendatory Act of the
    97th General Assembly, the police officer is on leave and
    continues to remain in sworn status, subject to the
    professional standards of the public employer or those
    terms established in statute.
        (c) While on leave of absence from the police
    department of the city and assigned or detailed to
    perform: (1) performing safety or investigative work as an
    employee for the County of Cook, the State of Illinois, or
    the federal government; or (2) county in which such city
    is principally located or for the State of Illinois or for
    the federal government, on leave of absence from the
    department of police, or while performing investigative
    work for the department while employed as a civilian
    employee of the police department of the city.
    Notwithstanding any other provision of law, the board may
    shall reconsider an 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, if such application under this item (c) that was
    submitted after January 1, 1992 and before April 1, 2008
    and was denied and the application for reconsideration is
    made by December 21, 2022.
        The changes made to this item (c) by this amendatory
    Act of the 102nd General Assembly requiring an applicant
    to have been on a leave of absence from the police
    department of the city in order to obtain the requested
    service credit while assigned or detailed to perform
    safety or investigative work as an employee for the County
    of Cook or 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, 2023.
        In this item (c), "investigative work" requires a
    systematic inquiry into the obtainment and examination of
    facts and evidence and does not include the simple
    gathering of information.
        (d) While on leave of absence from the police
    department of the city and serving as the chief of police
    of a police department outside the city.
    No credit shall be granted in this fund, however, for this
service if (1) the policeman has credit therefor in any other
annuity and benefit fund, or (2) the policeman has not, within
5 years after the date his application has been approved, but
prior to his date of retirement, contributed unless he
contributes to this fund the amount he would have contributed
with interest had he remained an active member of the police
department in the position he occupied as a result of a civil
service competitive examination, certification and appointment
by the Civil Service Board; or in the case of a city operating
under the provisions of a personnel ordinance the position he
occupied as a result of a personnel ordinance competitive
examination certification and appointment under the authority
of a Municipal Personnel ordinance.
    Concurrently with such contributions, the city shall
contribute the amounts provided by this Article. No credit
shall be allowed for any period of time for which
contributions by the policeman have not been paid. 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.
The period of service rendered by such policeman prior to the
date he became a member of the police department of the city or
while detailed, assigned or on leave of absence and employed
in any of the departments set forth hereinabove in this
Section for which such policeman has contributed to this fund
shall be credited to him as service for all the purposes of
this Article, except that he shall not have any of the rights
conferred by the provisions of Sections 5-127 and 5-162 of
this Article.
    The changes in this Section made by Public Act 86-273
shall apply to members of the fund who have not begun receiving
a pension under this Article on August 23, 1989, without
regard to whether employment is terminated before that date.
(Source: P.A. 100-1173, eff. 6-1-19.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.45 as follows:
 
    (30 ILCS 805/8.45 new)
    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 102nd General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/23/2021