Bill Text: IL HB1435 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Downstate Police Article of the Illinois Pension Code. Makes a technical change in a Section concerning persons who are excluded from participation in a fund created under the Article.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-23 - Rule 19(a) / Re-referred to Rules Committee [HB1435 Detail]

Download: Illinois-2021-HB1435-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB1435 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
40 ILCS 5/3-109 from Ch. 108 1/2, par. 3-109
Amends the Downstate Police Article of the Illinois Pension Code. Makes a technical change in a Section concerning persons who are excluded from participation in a fund created under the Article.
LRB102 03451 RPS 13464 b
PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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 3-109 as follows:
(40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
Sec. 3-109. Persons excluded.
(a) The The following persons shall not be eligible to
participate in a fund created under this Article:
(1) part-time police officers, special police
officers, night watchmen, temporary employees, traffic
guards or so-called auxiliary police officers specially
appointed to aid or direct traffic at or near schools or
public functions, or to aid in civil defense, municipal
parking lot attendants, clerks or other civilian employees
of a police department who perform clerical duties
exclusively;
(2) any police officer who fails to pay the
contributions required under Section 3-125.1, computed (i)
for funds established prior to August 5, 1963, from the
date the municipality established the fund or the date of
a police officer's first appointment (including an
appointment on probation), whichever is later, or (ii) for

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funds established after August 5, 1963, from the date, as
determined from the statistics or census provided in
Section 3-103, the municipality became subject to this
Article by attaining the minimum population or by
referendum, or the date of a police officer's first
appointment (including an appointment on probation),
whichever is later, and continuing during his or her
entire service as a police officer; and
(3) any person who has elected under Section 3-109.1
to participate in the Illinois Municipal Retirement Fund
rather than in a fund established under this Article,
without regard to whether the person continues to be
employed as chief of police or is employed in some other
rank or capacity within the police department, unless the
person has lawfully rescinded that election.
(b) A police officer who is reappointed shall, before
being declared eligible to participate in the pension fund,
repay to the fund as required by Section 3-124 any refund
received thereunder.
(c) Any person otherwise qualified to participate who was
excluded from participation by reason of the age restriction
removed by Public Act 79-1165 may elect to participate by
making a written application to the Board before January 1,
1990. Persons so electing shall begin participation on the
first day of the month following the date of application. Such
persons may also elect to establish creditable service for

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periods of employment as a police officer during which they
did not participate by paying into the police pension fund,
before January 1, 1990, the amount that the person would have
contributed had deductions from salary been made for such
purpose at the time such service was rendered, together with
interest thereon at 6% per annum from the time such service was
rendered until the date the payment is made.
(d) A person otherwise qualified to participate who was
excluded from participation by reason of the fitness
requirement removed by this amendatory Act of 1995 may elect
to participate by making a written application to the Board
before July 1, 1996. Persons so electing shall begin
participation on the first day of the month following the
month in which the application is received by the Board. These
persons may also elect to establish creditable service for
periods of employment as a police officer during which they
did not participate by paying into the police pension fund,
before January 1, 1997, the amount that the person would have
contributed had deductions from salary been made for this
purpose at the time the service was rendered, together with
interest thereon at 6% per annum, compounded annually, from
the time the service was rendered until the date of payment.
(e) A person employed by the Village of Shiloh who is
otherwise qualified to participate and was excluded from
participation by reason of his or her failure to make written
application to the Board within 3 months after receiving his

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or her first appointment or reappointment as required under
Section 3-106 may elect to participate by making a written
application to the Board before July 1, 2008. Persons so
electing shall begin participation on the first day of the
month following the month in which the application is received
by the Board. These persons may also elect to establish
creditable service for periods of employment as a police
officer during which they did not participate by paying into
the police pension fund, before January 1, 2009, the amount
that the person would have contributed had deductions from
salary been made for this purpose at the time the service was
rendered, together with interest thereon at 6% per annum,
compounded annually, from the time the service was rendered
until the date of payment. The Village of Shiloh must pay to
the System the corresponding employer contributions, plus
interest.
(f) A person who has entered into a personal services
contract to perform police duties for the Village of
Bartonville on or before the effective date of this amendatory
Act of the 96th General Assembly may be appointed as an officer
in the Village of Bartonville within 6 months after the
effective date of this amendatory Act, but shall be excluded
from participating under this Article.
(g) A person employed by the Village of Glen Carbon who is
otherwise qualified to participate and was excluded from
participation by reason of his or her failure to make written

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application to the Board within 3 months after receiving his
or her first appointment or reappointment as required under
Section 3-106 may elect to participate by making a written
application to the Board before January 1, 2011. Persons so
electing shall begin participation on the first day of the
month following the month in which the application is received
by the Board. These persons may also elect to establish
creditable service for periods of employment as a police
officer during which they did not participate by paying into
the police pension fund, before July 1, 2011, (i) employee
contributions that the person would have contributed had
deductions from salary been made for this purpose at the time
the service was rendered, (ii) employer contributions that the
employer would have contributed had deductions from salary
been made for this purpose at the time the service was
rendered, plus (iii) interest on items (i) and (ii) at the
actuarially assumed interest rate, compounded annually, from
the time the service was rendered until the date of payment.
(Source: P.A. 95-483, eff. 8-28-07; 96-775, eff. 8-28-09;
96-1252, eff. 7-23-10.)