Bill Text: IL HB3342 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Chicago Police Article of the Illinois Pension Code. Provides that certain participants are entitled to credit for service while on leave of absence from the police department of the city and assigned or detailed to perform in a sworn law enforcement capacity for: (1) the County of Cook, the State of Illinois, or the federal government (instead of assigned or detailed to perform safety or investigative work as an employee for the County of Cook, the State of Illinois, or the federal government); or (2) the department (instead of investigative work for the department while employed as a civilian employee of the police department of the city). Provides that the changes requiring an applicant for credit for other service to have been performing in a sworn law enforcement capacity are operative beginning January 1, 2024. Makes a conforming change. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB3342 Detail]

Download: Illinois-2023-HB3342-Engrossed.html

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HB3342 Engrossed LRB103 30982 RPS 57577 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

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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
in a sworn law enforcement capacity for: (1) safety or
investigative work as an employee for the County of Cook,
the State of Illinois, or the federal government; or (2)
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
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 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

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Act of the 103rd General Assembly requiring an applicant
to have been performing in a sworn law enforcement
capacity are operative beginning January 1, 2024.
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 and until January 1,
2024.
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 to this fund the

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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

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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. 102-125, eff. 7-23-21.)
Section 90. The State Mandates Act is amended by adding
Section 8.47 as follows:
(30 ILCS 805/8.47 new)
Sec. 8.47. 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 103rd General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.