Bill Text: IL SB2356 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the IMRF Article of the Illinois Pension Code. Changes the definition of "sheriff's law enforcement employee" to include a State's attorney who does not elect or is ineligible to participate in an alternative annuity for county officers and all special investigators employed on a full-time basis in the office of the State's attorney. Limits the provisions to persons employed on or after the effective date of the amendatory Act in such a position. Allows for conversion of employment before the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-25 - Tabled By Sponsor Sen. Kirk W. Dillard [SB2356 Detail]

Download: Illinois-2009-SB2356-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB2356 Introduced 2/27/2009, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED:
40 ILCS 5/7-109.3 from Ch. 108 1/2, par. 7-109.3
40 ILCS 5/7-142.1 from Ch. 108 1/2, par. 7-142.1
30 ILCS 805/8.33 new
Amends the IMRF Article of the Illinois Pension Code. Changes the definition of "sheriff's law enforcement employee" to include a State's attorney who does not elect or is ineligible to participate in an alternative annuity for county officers and all special investigators employed on a full-time basis in the office of the State's attorney. Limits the provisions to persons employed on or after the effective date of the amendatory Act in such a position. Allows for conversion of employment before the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
LRB096 08955 AMC 19093 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
SB2356 LRB096 08955 AMC 19093 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
Sections 7-109.3 and 7-142.1 as follows:
(40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
(a) "Sheriff's law enforcement employee" or "SLEP" means:
(1) A county sheriff and all deputies, other than
special deputies, employed on a full time basis in the
office of the sheriff.
(2) A person who has elected to participate in this
Fund under Section 3-109.1 of this Code, and who is
employed by a participating municipality to perform police
duties.
(3) A law enforcement officer employed on a full time
basis by a Forest Preserve District, provided that such
officer shall be deemed a "sheriff's law enforcement
employee" for the purposes of this Article, and service in
that capacity shall be deemed to be service as a sheriff's
law enforcement employee, only if the board of
commissioners of the District have so elected by adoption
of an affirmative resolution. Such election, once made, may

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not be rescinded.
(4) A person not eligible to participate in a fund
established under Article 3 of this Code who is employed on
a full-time basis by a participating municipality or
participating instrumentality to perform police duties at
an airport, but only if the governing authority of the
employer has approved sheriff's law enforcement employee
status for its airport police employees by adoption of an
affirmative resolution. Such approval, once given, may not
be rescinded.
(5) A State's attorney who does not elect or is
ineligible to participate in an alternative annuity for
county officers under Section 7-145.1 and all special
investigators employed on a full-time basis in the office
of the State's attorney. This paragraph (5) only applies to
a person employed on or after the effective date of this
amendatory Act of the 96th General Assembly in such a
position.
(b) An employee who is a sheriff's law enforcement employee
and is granted military leave or authorized leave of absence
shall receive service credit in that capacity. Sheriff's law
enforcement employees shall not be entitled to out-of-State
service credit under Section 7-139.
(Source: P.A. 92-16, eff. 6-28-01.)
(40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1)

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Sec. 7-142.1. Sheriff's law enforcement employees.
(a) In lieu of the retirement annuity provided by
subparagraph 1 of paragraph (a) of Section 7-142:
Any sheriff's law enforcement employee who has 20 or more
years of service in that capacity and who terminates service
prior to January 1, 1988 shall be entitled at his option to
receive a monthly retirement annuity for his service as a
sheriff's law enforcement employee computed by multiplying 2%
for each year of such service up to 10 years, 2 1/4% for each
year of such service above 10 years and up to 20 years, and 2
1/2% for each year of such service above 20 years, by his
annual final rate of earnings and dividing by 12.
Any sheriff's law enforcement employee who has 20 or more
years of service in that capacity and who terminates service on
or after January 1, 1988 and before July 1, 2004 shall be
entitled at his option to receive a monthly retirement annuity
for his service as a sheriff's law enforcement employee
computed by multiplying 2.5% for each year of such service up
to 20 years, 2% for each year of such service above 20 years
and up to 30 years, and 1% for each year of such service above
30 years, by his annual final rate of earnings and dividing by
12.
Any sheriff's law enforcement employee who has 20 or more
years of service in that capacity and who terminates service on
or after July 1, 2004 shall be entitled at his or her option to
receive a monthly retirement annuity for service as a sheriff's

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law enforcement employee computed by multiplying 2.5% for each
year of such service by his annual final rate of earnings and
dividing by 12.
If a sheriff's law enforcement employee has service in any
other capacity, his retirement annuity for service as a
sheriff's law enforcement employee may be computed under this
Section and the retirement annuity for his other service under
Section 7-142.
In no case shall the total monthly retirement annuity for
persons who retire before July 1, 2004 exceed 75% of the
monthly final rate of earnings. In no case shall the total
monthly retirement annuity for persons who retire on or after
July 1, 2004 exceed 80% of the monthly final rate of earnings.
(b) Whenever continued group insurance coverage is elected
in accordance with the provisions of Section 367h of the
Illinois Insurance Code, as now or hereafter amended, the total
monthly premium for such continued group insurance coverage or
such portion thereof as is not paid by the municipality shall,
upon request of the person electing such continued group
insurance coverage, be deducted from any monthly pension
benefit otherwise payable to such person pursuant to this
Section, to be remitted by the Fund to the insurance company or
other entity providing the group insurance coverage.
(c) A sheriff's law enforcement employee who has service in
any other capacity may convert up to 10 years of that service
into service as a sheriff's law enforcement employee by paying

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to the Fund an amount equal to (1) the additional employee
contribution required under Section 7-173.1, plus (2) the
additional employer contribution required under Section 7-172,
plus (3) interest on items (1) and (2) at the prescribed rate
from the date of the service to the date of payment.
(d) The changes to subsections (a) and (b) of this Section
made by this amendatory Act of the 94th General Assembly apply
only to persons in service on or after July 1, 2004. In the
case of such a person who begins to receive a retirement
annuity before the effective date of this amendatory Act of the
94th General Assembly, the annuity shall be recalculated
prospectively to reflect those changes, with the resulting
increase beginning to accrue on the first annuity payment date
following the effective date of this amendatory Act.
(a) A person who is employed in a position described in
paragraph (5) of Section 7-109.3 may convert his or her
creditable service for such employment before the effective
date of this amendatory Act of the 96th General Assembly into
creditable service as a sheriff's law enforcement employee by
applying in writing to the System within 6 months after the
effective date of this amendatory Act and paying to the System
the additional contributions required of sheriff's law
enforcement employees under Section 7-173.1 for the period of
service being established.
(Source: P.A. 94-712, eff. 6-1-06.)

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Section 90. The State Mandates Act is amended by adding
Section 8.33 as follows:
(30 ILCS 805/8.33 new)
Sec. 8.33. 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 96th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.