Bill Amendment: IL HB5167 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PEN CD-CHI POL-SERVICE CREDIT

Status: 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5167 Detail]

Download: Illinois-2019-HB5167-House_Amendment_001.html

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Rep. Kelly M. Burke

Filed: 3/5/2020

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AMENDMENT TO HOUSE BILL 5167
AMENDMENT NO. ______. Amend House Bill 5167 by replacing
everything after the enacting clause with the following:
"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

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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

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police department of the city. Notwithstanding any other
provision of law, the board 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.
The changes made to this item (c) by this amendatory
Act of the 101st 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, 2021.
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

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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

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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 8.44 as follows:
(30 ILCS 805/8.44 new)
Sec. 8.44. 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 101st General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.".