Bill Amendment: IL HB4209 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PEN CD-TRANSFER POLICE SERVICE
Status: 2022-06-10 - Public Act . . . . . . . . . 102-1061 [HB4209 Detail]
Download: Illinois-2021-HB4209-Senate_Amendment_002.html
Bill Title: PEN CD-TRANSFER POLICE SERVICE
Status: 2022-06-10 - Public Act . . . . . . . . . 102-1061 [HB4209 Detail]
Download: Illinois-2021-HB4209-Senate_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 4209
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2 | AMENDMENT NO. ______. Amend House Bill 4209 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 3-110.10 and 7-139.14 as follows:
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6 | (40 ILCS 5/3-110.10)
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7 | Sec. 3-110.10. Transfer from Article 7. Until January 1, | ||||||
8 | 2009, a person may transfer to a fund established under this | ||||||
9 | Article up to 8 years of creditable service accumulated under | ||||||
10 | Article 7 of this Code upon payment to the fund of an amount to | ||||||
11 | be determined by
the board, equal to (i) the difference | ||||||
12 | between the amount of
employee and employer contributions | ||||||
13 | transferred to the fund
under Section 7-139.11 and the amounts | ||||||
14 | that would have been contributed had such
contributions been | ||||||
15 | made at the rates applicable to an employee under this | ||||||
16 | Article, plus (ii) interest thereon at the actuarially assumed |
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1 | rate, compounded annually, from the date of service to the
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2 | date of payment.
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3 | No later than September 30, 2023 6 months after the | ||||||
4 | effective date of this amendatory Act of the 102nd General | ||||||
5 | Assembly , a person may transfer to a fund established under | ||||||
6 | this Article creditable service accumulated under Article 7 of | ||||||
7 | this Code for service as a sheriff's law enforcement employee, | ||||||
8 | person employed by a participating municipality to perform | ||||||
9 | police duties, or law enforcement officer employed on a | ||||||
10 | full-time basis by a forest preserve district , or person | ||||||
11 | employed by a participating municipality or instrumentality to | ||||||
12 | perform administrative duties related to law enforcement upon | ||||||
13 | payment to the fund of an amount to be determined by the board, | ||||||
14 | equal to (i) the difference between the amount of employee and | ||||||
15 | employer contributions transferred to the fund under Section | ||||||
16 | 7-139.14 and the amounts that would have been contributed had | ||||||
17 | such contributions been made at the rates applicable to an | ||||||
18 | employee under this Article, plus (ii) interest thereon at the | ||||||
19 | actuarially assumed rate, compounded annually, from the date | ||||||
20 | of service to the date of payment. | ||||||
21 | (Source: P.A. 102-113, eff. 7-23-21.)
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22 | (40 ILCS 5/7-139.14) | ||||||
23 | Sec. 7-139.14. Transfer to Article 3 pension fund. | ||||||
24 | (a) No later than June 30, 2023 Within 6 months after the | ||||||
25 | effective date of this amendatory Act of the 102nd General |
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1 | Assembly , an active member of a pension fund established under | ||||||
2 | Article 3 of this Code may apply for transfer to that Article 3 | ||||||
3 | pension fund of his or her credits and creditable service | ||||||
4 | accumulated in this Fund for service as a sheriff's law | ||||||
5 | enforcement employee, person employed by a participating | ||||||
6 | municipality to perform police duties, or law enforcement | ||||||
7 | officer employed on a full-time basis by a forest preserve | ||||||
8 | district , or person employed by a participating municipality | ||||||
9 | or instrumentality to perform administrative duties related to | ||||||
10 | law enforcement . The creditable service shall be transferred | ||||||
11 | only upon payment by this Fund to such Article 3 pension fund | ||||||
12 | of an amount equal to: | ||||||
13 | (1) the amounts accumulated to the credit of the | ||||||
14 | applicant for the service to be transferred, including | ||||||
15 | interest; and | ||||||
16 | (2) an amount representing employer contributions, | ||||||
17 | equal to the total amount determined under item (1); and | ||||||
18 | (3) any interest paid by the applicant to reinstate | ||||||
19 | such service. | ||||||
20 | Participation in this Fund as to any credits transferred | ||||||
21 | under this Section shall terminate on the date of transfer. | ||||||
22 | (b) Notwithstanding any other provision of this Code, any | ||||||
23 | person applying to transfer service under this Section may | ||||||
24 | reinstate credits and creditable service terminated upon | ||||||
25 | receipt of a separation benefit by paying to the Fund the | ||||||
26 | amount of the separation benefit plus interest thereon at the |
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1 | actuarially assumed rate of interest to the date of payment. | ||||||
2 | Such payment must be made within 60 90 days after notification | ||||||
3 | by the Fund of the cost of such reinstatement.
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4 | (Source: P.A. 102-113, eff. 7-23-21.)
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5 | Section 10. The Illinois Pension Code is amended by adding | ||||||
6 | Section 3-110.13 and by changing Section 15-134.4 as follows:
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7 | (40 ILCS 5/3-110.13 new) | ||||||
8 | Sec. 3-110.13. Transfer from Article 15. No later than | ||||||
9 | June 30, 2023, a person may irrevocably apply under Section | ||||||
10 | 15-134.4 to transfer to a fund established under this Article | ||||||
11 | creditable service accumulated under Article 15 of this Code | ||||||
12 | for service as a police officer upon payment to the fund of an | ||||||
13 | amount, to be determined by the board, equal to (i) the | ||||||
14 | difference between the amount of employee and employer | ||||||
15 | contributions transferred to the fund under Section 15-134.4 | ||||||
16 | and the amounts that would have been contributed had such | ||||||
17 | contributions been made at the rates applicable to an employee | ||||||
18 | under this Article, plus (ii) interest thereon at the | ||||||
19 | actuarially assumed rate, compounded annually, from the date | ||||||
20 | of service to the date of payment.
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21 | (40 ILCS 5/15-134.4) (from Ch. 108 1/2, par. 15-134.4)
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22 | Sec. 15-134.4. Transfer of creditable service to an | ||||||
23 | Article 3 pension fund, the
Article 5 Pension Fund , or the |
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1 | Article 14 System.
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2 | (a) An active member of the Pension Fund established under | ||||||
3 | Article 5 of this
Code may apply, not later than January 1, | ||||||
4 | 1990, to transfer his or her
credits and creditable service
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5 | accumulated under this System for service with the City | ||||||
6 | Colleges of Chicago
teaching in the Criminal Justice Program, | ||||||
7 | to the Article 5 Fund. Such
credits and creditable service | ||||||
8 | shall be transferred forthwith. | ||||||
9 | Payment by this
System to the Article 5 Fund shall be made | ||||||
10 | at the same time and shall
consist of: | ||||||
11 | (1) the amounts credited to the applicant for such | ||||||
12 | service
through employee contributions, including | ||||||
13 | interest, as of the date of
transfer; and | ||||||
14 | (2) employer contributions equal in amount to the | ||||||
15 | accumulated
employee contributions as determined in item | ||||||
16 | (1).
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17 | Participation in this
System with respect to such credits | ||||||
18 | shall terminate on the date of transfer.
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19 | (b) Any active member of the State Employees' Retirement | ||||||
20 | System who is
a State policeman, an investigator for the | ||||||
21 | Secretary of State, or a conservation police officer , and who | ||||||
22 | is not a participating employee in this System, may apply for | ||||||
23 | transfer of
some or all of his or her creditable service | ||||||
24 | accumulated
in this System for service as a police officer to | ||||||
25 | the State Employees'
Retirement System in accordance with | ||||||
26 | Section 14-110. The creditable service shall be transferred |
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1 | only upon payment
by this System to the State Employees' | ||||||
2 | Retirement System of an amount equal to:
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3 | (1) the amounts accumulated to the credit of the | ||||||
4 | applicant for the service to be transferred, including | ||||||
5 | interest, as of the date of transfer , and any interest | ||||||
6 | paid by the applicant to reinstate such service ; and
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7 | (2) employer contributions equal in amount to the | ||||||
8 | accumulated
employee contributions as determined in item | ||||||
9 | (1) . ; and
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10 | (3) any interest paid by the applicant to reinstate | ||||||
11 | such service.
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12 | Participation in this System as to any credits transferred | ||||||
13 | under this
Section shall terminate on the date of transfer.
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14 | (c) Any person applying to transfer service under | ||||||
15 | subsection (b) may reinstate credits and
creditable service | ||||||
16 | terminated upon receipt of a refund by paying
to the System the | ||||||
17 | amount of the refund plus interest thereon at the
rate of 6% | ||||||
18 | per year from the date of the refund to the date of payment. | ||||||
19 | (d) No later than June 30, 2023, any active member of a | ||||||
20 | pension fund established under Article 3 of this Code who is | ||||||
21 | not a participating employee in this System may apply for | ||||||
22 | transfer of some or all of his or her creditable service | ||||||
23 | accumulated in this System for service as a police officer to | ||||||
24 | that Article 3 pension fund in accordance with Section | ||||||
25 | 3-110.13. The creditable service shall be transferred only | ||||||
26 | upon payment by this System to that Article 3 pension fund of |
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1 | an amount equal to: | ||||||
2 | (1) the amounts accumulated to the credit of the | ||||||
3 | applicant for the service to be transferred, including | ||||||
4 | interest, as of the date of transfer, and any interest | ||||||
5 | paid by the applicant to reinstate such service; and | ||||||
6 | (2) employer contributions equal in amount to the | ||||||
7 | accumulated employee contributions as determined in item | ||||||
8 | (1). | ||||||
9 | Participation in this System as to any credits transferred | ||||||
10 | under this Section shall terminate on the date of transfer. | ||||||
11 | (e) An application to transfer credits and creditable | ||||||
12 | service under this Section shall be irrevocable. | ||||||
13 | (Source: P.A. 95-530, eff. 8-28-07.)
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14 | Section 15. The Illinois Pension Code is amended by adding | ||||||
15 | Sections 3-110.14 and 7-139.1a as follows:
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16 | (40 ILCS 5/3-110.14 new) | ||||||
17 | Sec. 3-110.14. Transfer to Article 7. On and after July 1, | ||||||
18 | 2022 but no later than December 1, 2023, a participating | ||||||
19 | employee who is actively employed as a sheriff's law | ||||||
20 | enforcement employee under Article 7 may make a written | ||||||
21 | election to transfer up to 10 years of creditable service from | ||||||
22 | a fund established under this Article to the Illinois | ||||||
23 | Municipal Retirement Fund established under Article 7. Upon | ||||||
24 | receiving a written election by a participant under this |
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1 | Section, the creditable service shall be transferred to the | ||||||
2 | Illinois Municipal Retirement Fund as soon as practicable upon | ||||||
3 | payment by the police pension fund to the Illinois Municipal | ||||||
4 | Retirement Fund of an amount equal to: | ||||||
5 | (1) the amounts accumulated to the credit of the | ||||||
6 | applicant on the books of the fund on the date of the | ||||||
7 | transfer; and | ||||||
8 | (2) employer contributions in an amount equal to the | ||||||
9 | amount determined under paragraph (1). | ||||||
10 | Participation in the police pension fund with respect to the | ||||||
11 | service to be transferred shall terminate on the date of | ||||||
12 | transfer. This Section does not allow reinstatement of credits | ||||||
13 | in this Article that were previously forfeited.
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14 | (40 ILCS 5/7-139.1a new) | ||||||
15 | Sec. 7-139.1a. Transfer from Article 3. On and after July | ||||||
16 | 1, 2022 but no later than January 1, 2023, a participating | ||||||
17 | sheriff's law enforcement employee may elect to transfer up to | ||||||
18 | 10 years of service credit to the Fund as set forth in Section | ||||||
19 | 3-110.14. To establish creditable service under this Section, | ||||||
20 | the sheriff's law enforcement employee may elect to do either | ||||||
21 | of the following: | ||||||
22 | (1) pay to the Fund an amount to be determined by the | ||||||
23 | Board, equal to (i) the difference between the amount of | ||||||
24 | employee and employer contributions transferred to the | ||||||
25 | Fund under Section 3-110.14 and the amounts that would |
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1 | have been contributed had such contributions been made at | ||||||
2 | the rates applicable to a sheriff's law enforcement | ||||||
3 | employee under this Article, plus (ii) interest thereon at | ||||||
4 | the actuarially assumed rate, compounded annually, from | ||||||
5 | the date of service to the date of payment; or | ||||||
6 | (2) have the amount of his or her creditable service | ||||||
7 | established under this Section reduced by an amount | ||||||
8 | corresponding to the amount by which (i) the employer and | ||||||
9 | employee contributions that would have been required if he | ||||||
10 | or she had participated in the Fund as a sheriff's law | ||||||
11 | enforcement employee during the period for which credit is | ||||||
12 | being transferred, plus interest thereon at the | ||||||
13 | actuarially assumed rate, compounded annually, from the | ||||||
14 | date of termination of the service for which credit is | ||||||
15 | being transferred to the date of payment, exceeds (ii) the | ||||||
16 | amount actually transferred to the Fund. | ||||||
17 | Notwithstanding the amount transferred by the Article 3 | ||||||
18 | fund pursuant to Section 3-110.14, in no event shall the | ||||||
19 | service credit established under this Section exceed the | ||||||
20 | lesser of 10 years or the actual amount of service credit that | ||||||
21 | had been earned in the Article 3 fund. If an amount greater | ||||||
22 | than the amount described under paragraph (1) is transferred | ||||||
23 | to the Fund, the additional amount shall be credited to the | ||||||
24 | account of the sheriff's law enforcement employee's employer.
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25 | Section 90. The State Mandates Act is amended by adding |
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1 | Section 8.46 as follows:
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2 | (30 ILCS 805/8.46 new) | ||||||
3 | Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and | ||||||
4 | 8 of this Act, no reimbursement by the State is required for | ||||||
5 | the implementation of any mandate created by this amendatory | ||||||
6 | Act of the 102nd General Assembly.
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law, except that Sections 5 and 10 take effect | ||||||
9 | January 1, 2023.".
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