Bill Text: IL HB5490 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Downstate Police Article of the Illinois Pension Code. Provides that a chief of police who has voluntarily entered into an irrevocable agreement with a municipality to not participate in that municipality's pension fund is not eligible to participate in that municipality's pension fund. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5490 Detail]

Download: Illinois-2017-HB5490-Engrossed.html



HB5490 EngrossedLRB100 19573 RPS 34842 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by changing
5Section 3-109 as follows:
6 (40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
7 Sec. 3-109. Persons excluded.
8 (a) The following persons shall not be eligible to
9participate in a fund created under this Article:
10 (1) part-time police officers, special police
11 officers, night watchmen, temporary employees, traffic
12 guards or so-called auxiliary police officers specially
13 appointed to aid or direct traffic at or near schools or
14 public functions, or to aid in civil defense, municipal
15 parking lot attendants, clerks or other civilian employees
16 of a police department who perform clerical duties
17 exclusively;
18 (2) any police officer who fails to pay the
19 contributions required under Section 3-125.1, computed (i)
20 for funds established prior to August 5, 1963, from the
21 date the municipality established the fund or the date of a
22 police officer's first appointment (including an
23 appointment on probation), whichever is later, or (ii) for

HB5490 Engrossed- 2 -LRB100 19573 RPS 34842 b
1 funds established after August 5, 1963, from the date, as
2 determined from the statistics or census provided in
3 Section 3-103, the municipality became subject to this
4 Article by attaining the minimum population or by
5 referendum, or the date of a police officer's first
6 appointment (including an appointment on probation),
7 whichever is later, and continuing during his or her entire
8 service as a police officer; and
9 (3) any person who has elected under Section 3-109.1 to
10 participate in the Illinois Municipal Retirement Fund
11 rather than in a fund established under this Article,
12 without regard to whether the person continues to be
13 employed as chief of police or is employed in some other
14 rank or capacity within the police department, unless the
15 person has lawfully rescinded that election.
16 (a-5) A chief of police who has voluntarily entered into an
17irrevocable agreement with a municipality to not participate in
18that municipality's pension fund under this Article is not
19eligible to participate in that municipality's pension fund.
20 (b) A police officer who is reappointed shall, before being
21declared eligible to participate in the pension fund, repay to
22the fund as required by Section 3-124 any refund received
23thereunder.
24 (c) Any person otherwise qualified to participate who was
25excluded from participation by reason of the age restriction
26removed by Public Act 79-1165 may elect to participate by

HB5490 Engrossed- 3 -LRB100 19573 RPS 34842 b
1making a written application to the Board before January 1,
21990. Persons so electing shall begin participation on the
3first day of the month following the date of application. Such
4persons may also elect to establish creditable service for
5periods of employment as a police officer during which they did
6not participate by paying into the police pension fund, before
7January 1, 1990, the amount that the person would have
8contributed had deductions from salary been made for such
9purpose at the time such service was rendered, together with
10interest thereon at 6% per annum from the time such service was
11rendered until the date the payment is made.
12 (d) A person otherwise qualified to participate who was
13excluded from participation by reason of the fitness
14requirement removed by this amendatory Act of 1995 may elect to
15participate by making a written application to the Board before
16July 1, 1996. Persons so electing shall begin participation on
17the first day of the month following the month in which the
18application is received by the Board. These persons may also
19elect to establish creditable service for periods of employment
20as a police officer during which they did not participate by
21paying into the police pension fund, before January 1, 1997,
22the amount that the person would have contributed had
23deductions from salary been made for this purpose at the time
24the service was rendered, together with interest thereon at 6%
25per annum, compounded annually, from the time the service was
26rendered until the date of payment.

HB5490 Engrossed- 4 -LRB100 19573 RPS 34842 b
1 (e) A person employed by the Village of Shiloh who is
2otherwise qualified to participate and was excluded from
3participation by reason of his or her failure to make written
4application to the Board within 3 months after receiving his or
5her first appointment or reappointment as required under
6Section 3-106 may elect to participate by making a written
7application to the Board before July 1, 2008. Persons so
8electing shall begin participation on the first day of the
9month following the month in which the application is received
10by the Board. These persons may also elect to establish
11creditable service for periods of employment as a police
12officer during which they did not participate by paying into
13the police pension fund, before January 1, 2009, the amount
14that the person would have contributed had deductions from
15salary been made for this purpose at the time the service was
16rendered, together with interest thereon at 6% per annum,
17compounded annually, from the time the service was rendered
18until the date of payment. The Village of Shiloh must pay to
19the System the corresponding employer contributions, plus
20interest.
21 (f) A person who has entered into a personal services
22contract to perform police duties for the Village of
23Bartonville on or before the effective date of this amendatory
24Act of the 96th General Assembly may be appointed as an officer
25in the Village of Bartonville within 6 months after the
26effective date of this amendatory Act, but shall be excluded

HB5490 Engrossed- 5 -LRB100 19573 RPS 34842 b
1from participating under this Article.
2 (g) A person employed by the Village of Glen Carbon who is
3otherwise qualified to participate and was excluded from
4participation by reason of his or her failure to make written
5application to the Board within 3 months after receiving his or
6her first appointment or reappointment as required under
7Section 3-106 may elect to participate by making a written
8application to the Board before January 1, 2011. Persons so
9electing shall begin participation on the first day of the
10month following the month in which the application is received
11by the Board. These persons may also elect to establish
12creditable service for periods of employment as a police
13officer during which they did not participate by paying into
14the police pension fund, before July 1, 2011, (i) employee
15contributions that the person would have contributed had
16deductions from salary been made for this purpose at the time
17the service was rendered, (ii) employer contributions that the
18employer would have contributed had deductions from salary been
19made for this purpose at the time the service was rendered,
20plus (iii) interest on items (i) and (ii) at the actuarially
21assumed interest rate, compounded annually, from the time the
22service was rendered until the date of payment.
23(Source: P.A. 95-483, eff. 8-28-07; 96-775, eff. 8-28-09;
2496-1252, eff. 7-23-10.)
25 Section 99. Effective date. This Act takes effect upon
26becoming law.
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