Bill Text: IL HB1605 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Counties Code and the Illinois Municipal Code. Provides that no county or municipality may prohibit a charitable organization from soliciting for charitable purposes, including solicitations taking place on public roadways from passing motorists, if certain requirements are met. Sets forth the requirements concerning the solicitation regarding the groups involved, application requirements, and liability insurance. Defines "local agency" to mean a municipality, county, special district, fire district, joint powers of authority, or other political subdivision of the State of Illinois. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB1605 Detail]

Download: Illinois-2011-HB1605-Amended.html

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Sen. Don Harmon

Filed: 5/8/2012

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AMENDMENT TO HOUSE BILL 1605
AMENDMENT NO. ______. Amend House Bill 1605 AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Pension Code is amended by
changing Sections 1-160, 3-106, 3-124.1, 4-106, 4-117, and
7-144 and by adding Sections 3-124.3, 4-117.2, and 7-144.1 as
follows:
(40 ILCS 5/1-160)
Sec. 1-160. Provisions applicable to new hires.
(a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant under any reciprocal retirement system or pension
fund established under this Code, other than a retirement
system or pension fund established under Article 2, 3, 4, 5, 6,
or 18 of this Code, notwithstanding any other provision of this

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Code to the contrary, but do not apply to any self-managed plan
established under this Code, to any person with respect to
service as a sheriff's law enforcement employee under Article
7, or to any participant of the retirement plan established
under Section 22-101.
(b) "Final average salary" means the average monthly (or
annual) salary obtained by dividing the total salary or
earnings calculated under the Article applicable to the member
or participant during the 96 consecutive months (or 8
consecutive years) of service within the last 120 months (or 10
years) of service in which the total salary or earnings
calculated under the applicable Article was the highest by the
number of months (or years) of service in that period. For the
purposes of a person who first becomes a member or participant
of any retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:
(1) In Articles 7 (except for service as sheriff's law
enforcement employees) and 15, "final rate of earnings".
(2) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(3) In Article 13, "average final salary".
(4) In Article 14, "final average compensation".
(5) In Article 17, "average salary".

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(6) In Section 22-207, "wages or salary received by him
at the date of retirement or discharge".
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the average
change in prices of goods and services purchased by all urban
consumers, United States city average, all items, 1982-84 =
100. The new amount resulting from each annual adjustment shall
be determined by the Public Pension Division of the Department
of Insurance and made available to the boards of the retirement
systems and pension funds by November 1 of each year.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 and has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article.

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A member or participant who has attained age 62 and has at
least 10 years of service credit and is otherwise eligible
under the requirements of the applicable Article may elect to
receive the lower retirement annuity provided in subsection (d)
of this Section.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 with at least 10 years of
service credit shall be reduced by one-half of 1% for each full
month that the member's age is under age 67.
(e) Any retirement annuity or supplemental annuity shall be
subject to annual increases on the January 1 occurring either
on or after the attainment of age 67 or the first anniversary
of the annuity start date, whichever is later. Each annual
increase shall be calculated at 3% or one-half the annual
unadjusted percentage increase (but not less than zero) in the
consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted retirement annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each November
1 is zero or there is a decrease, then the annuity shall not be
increased.
(f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the

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retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the annuity
if the deceased member died while receiving a retirement
annuity or (2) in other cases, on each January 1 occurring
after the first anniversary of the commencement of the annuity.
Each annual increase shall be calculated at 3% or one-half the
annual unadjusted percentage increase (but not less than zero)
in the consumer price index-u for the 12 months ending with the
September preceding each November 1, whichever is less, of the
originally granted survivor's annuity. If the annual
unadjusted percentage change in the consumer price index-u for
the 12 months ending with the September preceding each November
1 is zero or there is a decrease, then the annuity shall not be
increased.
(g) The benefits in Section 14-110 apply only if the person
is a State policeman, a fire fighter in the fire protection
service of a department, or a security employee of the

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Department of Corrections or the Department of Juvenile
Justice, as those terms are defined in subsection (b) of
Section 14-110. A person who meets the requirements of this
Section is entitled to an annuity calculated under the
provisions of Section 14-110, in lieu of the regular or minimum
retirement annuity, only if the person has withdrawn from
service with not less than 20 years of eligible creditable
service and has attained age 60, regardless of whether the
attainment of age 60 occurs while the person is still in
service.
(h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created by
this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of
this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be
recalculated if recalculation is provided for under the
applicable Article of this Code.
If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after

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January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a
governmental entity from which he or she has retired, then that
person's annuity or retirement pension earned as an active
employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.
This subsection (h) shall not affect any person receiving a
retirement annuity under the fund created by Article 7 of this
Code who accepts a position described in Section 7-144.1 of
this Code.
(i) Notwithstanding any other provision of this Section, a
person who first becomes a participant of the retirement system
established under Article 15 on or after January 1, 2011 shall
have the option to enroll in the self-managed plan created
under Section 15-158.2 of this Code.

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(j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11;
97-609, eff. 1-1-12.)
(40 ILCS 5/3-106) (from Ch. 108 1/2, par. 3-106)
Sec. 3-106. Police officer, officer. "Police officer" or
"officer": Any person who (1) is appointed to the police force
of a police department and sworn and commissioned to perform
police duties; and (2) within 3 months after receiving his or
her first appointment and, if reappointed, within 3 months
thereafter, or as otherwise provided in Section 3-109, makes
written application to the board to come under the provisions
of this Article.
Police officers serving initial probationary periods, if
otherwise eligible, shall be police officers within the meaning
of this Section.
Any person employed as the chief of police, deputy chief of
police, superintendent of a police department or deputy
superintendent of a police department shall be a police officer
within the meaning of this Section.
(Source: P.A. 89-52, eff. 6-30-95.)
(40 ILCS 5/3-124.1) (from Ch. 108 1/2, par. 3-124.1)

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Sec. 3-124.1. Re-entry into active service.
(a) If a police officer who is receiving pension payments
other than as provided in Section 3-109.3 or Section 3-124.3
re-enters active service, pension payment shall be suspended
while he or she is in service. When he or she again retires,
pension payments shall be resumed. If the police officer
remains in service after re-entry for a period of less than 5
years, the pension shall be the same as upon first retirement.
If the officer's service after re-entry is at least 5 years and
the officer makes the required contributions during the period
of re-entry, his or her pension shall be recomputed by taking
into account the additional period of service and salary.
(b) A retired police officer who accepts temporary
employment for a period not exceeding 75 working days in any
calendar year is not considered to make a re-entry into active
service within the meaning of this Section. Any part of a day
on temporary employment is considered a full day of employment.
Employee contributions under Section 3-125.1 shall not be
deducted nor shall creditable service time be granted during
the period of temporary employment.
(Source: P.A. 91-939, eff. 2-1-01.)
(40 ILCS 5/3-124.3 new)
Sec. 3-124.3. Pension payments during contractual return
to active service.
(a) Notwithstanding any other provisions of this Code, if a

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police officer receiving pension payments accepts on a
contractual basis a position to provide services to a
municipality from which he or she has retired, then that police
officer shall continue to receive the pension payments earned
during active service, provided:
(1) he or she is at least age 55 and has at least 30
years of service;
(2) his or her annual salary during the period of
contractual service is not more than 50% of his or her
salary from the last 12 months preceding retirement; and
(3) his or her salary did not increase by more than 10%
per year during the 2 years preceding retirement.
(b) The municipality shall pay to the pension fund an
amount equal to 14% of the annual salary of the police officer
during each calendar year, or portion thereof, that he or she
is performing contractual service as described in subsection
(a).
(c) Except as set forth in subsection (b) of this Section,
no employer contribution shall be required from a municipality
for any police officer providing contractual service as
described in subsection (a) of this Section. No contribution
shall be required pursuant to Section 3-125.1 from any police
officer performing contractual service as described in
subsection (a) of this Section.
(d) The period of contractual service described in
subsection (a) of this Section shall not provide a basis for

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the recomputation of the police officer's pension.
(40 ILCS 5/4-106) (from Ch. 108 1/2, par. 4-106)
Sec. 4-106. Firefighter, firefighters. "Firefighter,
firefighters":
(a) In municipalities which have adopted Division 1 of
Article 10 of the Illinois Municipal Code, any person employed
in the municipality's fire service as a firefighter, fire
engineer, marine engineer, fire pilot, bomb technician or scuba
diver; and in any of these positions where such person's duties
also include those of a firefighter as classified by the Civil
Service Commission of that city, and whose duty is to
participate in the work of controlling and extinguishing fires
at the location of any such fires.
(b) In municipalities which are subject to Division 2.1 of
Article 10 of the Illinois Municipal Code, any person employed
by a city in its fire service as a firefighter, fire engineer,
marine engineer, fire pilot, bomb technician, or scuba diver;
and, in any of these positions whose duties also include those
of a firefighter and are certified in the same manner as a
firefighter in that city.
(c) In municipalities which are subject to neither Division
1 nor Division 2.1 of Article 10 of the Illinois Municipal
Code, any person who would have been included as a firefighter
under sub-paragraph (a) or (b) above except that he served as a
de facto and not as a de jure firefighter.

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(d) Notwithstanding the other provisions of this Section,
"firefighter" does not include any person who is actively
participating in the State Universities Retirement System
under subsection (h) of Section 15-107 with respect to the
employment for which he or she is a participating employee in
that System.
(e) This amendatory Act of 1977 does not affect persons
covered by this Article prior to September 22, 1977.
(f) Any person employed by a municipality as the chief,
deputy chief, superintendent, deputy superintendent, fire
marshal or assistant fire marshal of the fire department shall
be a firefighter within the meaning of this Section.
(Source: P.A. 90-576, eff. 3-31-98.)
(40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
Sec. 4-117. Reentry into active service.
(a) Except as set forth in Section 4-117.2, if If a
firefighter receiving pension payments reenters active
service, pension payments shall be suspended while he or she is
in service. If the firefighter again retires or is discharged,
his or her monthly pension shall be resumed in the same amount
as was paid upon first retirement or discharge unless he or she
remained in active service 3 or more years after re-entry in
which case the monthly pension shall be based on the salary
attached to the firefighter's rank at the date of last
retirement.

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(b) If a deferred pensioner re-enters active service, and
again retires or is discharged from the fire service, his or
her pension shall be based on the salary attached to the rank
held in the fire service at the date of earlier retirement,
unless the firefighter remains in active service for 3 or more
years after re-entry, in which case the monthly pension shall
be based on the salary attached to the firefighter's rank at
the date of last retirement.
(c) If a pensioner or deferred pensioner re-enters or is
recalled to active service and is thereafter injured, and the
injury is not related to an injury for which he or she was
previously receiving a disability pension, the 3 year service
requirement shall not apply in order for the firefighter to
qualify for the increased pension based on the rate of pay at
the time of the new injury.
(d) A retired firefighter who accepts temporary employment
for a period not exceeding 75 working days in any calendar year
is not considered to make a re-entry into active service within
the meaning of this Section. Any part of a day on temporary
employment is considered a full day of employment. Employee
contributions under Section 4-118.1 shall not be deducted nor
shall creditable service time be granted during the period of
temporary employment.
(Source: P.A. 83-1440.)
(40 ILCS 5/4-117.2 new)

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Sec. 4-117.2. Pension payments during contractual return
to active service.
(a) Notwithstanding any other provisions of this Code, if a
firefighter receiving pension payments accepts on a
contractual basis a position to provide services to a
municipality from which he or she has retired, then that
firefighter shall continue to receive the pension payments
earned during active service, provided:
(1) he or she is at least age 55 and has at least 30
years of service;
(2) his or her annual salary during the period of
contractual service is not more than 50% of his or her
salary from the last 12 months preceding retirement; and
(3) his or her salary did not increase by more than 10%
per year during the 2 years preceding retirement.
(b) The municipality shall pay to the pension fund an
amount equal to 14% of the annual salary of the firefighter
during each calendar year, or portion thereof, that he or she
is performing contractual service as described in subsection
(a).
(c) Except as set forth in subsection (b) of this Section,
no employer contribution shall be required from a municipality
for any firefighter providing contractual service as described
in subsection (a) of this Section. No contribution shall be
required pursuant to Section 4-118.1 from any firefighter
performing contractual service as described in subsection (a)

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of this Section
(d) The period of contractual service described in
subsection (a) of this Section shall not provide a basis for
the recomputation of the firefighter's pension.
(40 ILCS 5/7-144) (from Ch. 108 1/2, par. 7-144)
Sec. 7-144. Retirement annuities-Suspended during
employment.
(a) Except as set forth in Section 7-144.1, if If any
person receiving any annuity again becomes an employee and
receives earnings from employment in a position requiring him,
or entitling him to elect, to become a participating employee,
then the annuity payable to such employee shall be suspended as
of the 1st day of the month coincidental with or next following
the date upon which such person becomes such an employee. Upon
proper qualification of the participating employee payment of
such annuity may be resumed on the 1st day of the month
following such qualification and upon proper application
therefor. The participating employee in such case shall be
entitled to a supplemental annuity arising from service and
credits earned subsequent to such re-entry as a participating
employee.
(b) Supplemental annuities to persons who return to service
for less than 48 months shall be computed under the provisions
of Sections 7-141, 7-142 and 7-143. In determining whether an
employee is eligible for an annuity which requires a minimum

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period of service, his entire period of service shall be taken
into consideration but the supplemental annuity shall be based
on earnings and service in the supplemental period only. The
effective date of the suspended and supplemental annuity for
the purpose of increases after retirement shall be considered
to be the effective date of the suspended annuity.
(c) Supplemental annuities to persons who return to service
for 48 months or more shall be a monthly amount determined as
follows:
(1) An amount shall be computed under subparagraph b of
paragraph (1) of subsection (a) of Section 7-142,
considering all of the service credits of the employee;
(2) The actuarial value in monthly payments for life of
the annuity payments made before suspension shall be
determined and subtracted from the amount determined in (1)
above;
(3) The monthly amount of the suspended annuity, with
any applicable increases after retirement computed from
the effective date to the date of reinstatement, shall be
subtracted from the amount determined in (2) above and the
remainder shall be the amount of the supplemental annuity
provided that this amount shall not be less than the amount
computed under subsection (b) of this Section.
(4) The suspended annuity shall be reinstated at an
amount including any increases after retirement from the
effective date to date of reinstatement.

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(5) The effective date of the combined suspended and
supplemental annuities for the purposes of increases after
retirement shall be considered to be the effective date of
the supplemental annuity.
(Source: P.A. 97-328, eff. 8-12-11; 97-609, eff. 1-1-12.)
(40 ILCS 5/7-144.1 new)
Sec. 7-144.1. Retirement annuities - Payable during
contractual return to service.
(a) Notwithstanding any other provisions of this Code, if
any person receiving a retirement annuity accepts on a
contractual basis a position to provide services to a
participating municipality or participating instrumentality
from which he or she has retired, then that person shall
continue to receive the retirement annuity earned as an active
employee, provided:
(1) he or she is at least age 55 and has at least 30
years of service;
(2) his or her annual earnings during the period of
contractual service are not more than 50% of his or her
earnings from the last 12 months preceding separation from
service of all participating municipalities and
instrumentalities thereof and participating
instrumentalities; and
(3) his or her earnings did not increase by more than
10% per year during the 2 years preceding separation from

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service of all participating municipalities and
instrumentalities thereof and participating
instrumentalities.
(b) The participating municipality or participating
instrumentality shall pay to the Fund an amount equal to 14% of
the annual earnings of the person during each calendar year, or
portion thereof, that he or she is performing contractual
service as described in subsection (a).
(c) No contribution shall be required from a participating
municipality or participating instrumentality pursuant to
Section 7-172 for any person performing contractual service as
described in subsection (a) of this Section. No contribution
shall be required pursuant to Section 7-173 from any person
performing contractual service as described in subsection (a)
of this Section.
(d) No person shall be eligible for a supplemental annuity
based on a period of contractual service described in
subsection (a) of this Section.".