| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | AN ACT concerning public employee benefits.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Illinois Pension Code is amended by | ||||||||||||||||||||||||||
5 | changing Section 5-214 as follows:
| ||||||||||||||||||||||||||
6 | (40 ILCS 5/5-214) (from Ch. 108 1/2, par. 5-214)
| ||||||||||||||||||||||||||
7 | Sec. 5-214. Credit for other service. Any participant in | ||||||||||||||||||||||||||
8 | this fund (other
than a member of the fire department of the | ||||||||||||||||||||||||||
9 | city) who has rendered service
as a member of the police | ||||||||||||||||||||||||||
10 | department of the city for a period of 3 years
or more is | ||||||||||||||||||||||||||
11 | entitled to credit for the various purposes of this Article | ||||||||||||||||||||||||||
12 | for
service rendered prior to becoming a member or subsequent | ||||||||||||||||||||||||||
13 | thereto for the
following periods:
| ||||||||||||||||||||||||||
14 | (a) While on leave of absence from the police | ||||||||||||||||||||||||||
15 | department assigned or
detailed to investigative, | ||||||||||||||||||||||||||
16 | protective, security or police work for the park
district | ||||||||||||||||||||||||||
17 | of the city, the department of the Port of Chicago or the | ||||||||||||||||||||||||||
18 | sanitary
district in which the city is located.
| ||||||||||||||||||||||||||
19 | (b) As a temporary police officer in the city or while | ||||||||||||||||||||||||||
20 | serving in the
office of the mayor or in the office of the | ||||||||||||||||||||||||||
21 | corporation counsel, as a
member of the city council of | ||||||||||||||||||||||||||
22 | the city, as an employee of the Policemen's
Annuity and | ||||||||||||||||||||||||||
23 | Benefit Fund created by this Article, as the head
of an |
| |||||||
| |||||||
1 | organization whose membership consists of members of the | ||||||
2 | police
department, the Public Vehicle License Commission | ||||||
3 | and the board of election
commissioners of the city, | ||||||
4 | provided that, in each of these cases and for all periods | ||||||
5 | specified in this item (b), including those beginning | ||||||
6 | before the effective date of this amendatory Act of the | ||||||
7 | 97th General Assembly, the police officer is on leave and | ||||||
8 | continues to remain in sworn status, subject to the | ||||||
9 | professional standards of the public employer or those | ||||||
10 | terms established in statute.
| ||||||
11 | (c) While on leave of absence from the police | ||||||
12 | department of the city and assigned or detailed to perform | ||||||
13 | in a sworn law enforcement capacity for : (1) safety or | ||||||
14 | investigative work as an employee for the County of Cook, | ||||||
15 | the State of Illinois, or the federal government; or (2) | ||||||
16 | investigative work for the department while employed as a | ||||||
17 | civilian
employee of the police department of the city . | ||||||
18 | Notwithstanding any other provision of law, the board may | ||||||
19 | reconsider an application for credit for service for any | ||||||
20 | active policeman assigned or detailed to perform safety or | ||||||
21 | investigative work as an employee for the County of Cook, | ||||||
22 | if such application was submitted after January 1, 1992 | ||||||
23 | and before April 1, 2008 and was denied and the | ||||||
24 | application for reconsideration is made by December 21, | ||||||
25 | 2022.
| ||||||
26 | The changes made to this item (c) by this amendatory |
| |||||||
| |||||||
1 | Act of the 103rd General Assembly requiring an applicant | ||||||
2 | to have been performing in a sworn law enforcement | ||||||
3 | capacity are operative beginning January 1, 2024. | ||||||
4 | The changes made to this item (c) by this amendatory | ||||||
5 | Act of the 102nd General Assembly requiring an applicant | ||||||
6 | to have been on a leave of absence from the police | ||||||
7 | department of the city in order to obtain the requested | ||||||
8 | service credit while assigned or detailed to perform | ||||||
9 | safety or investigative work as an employee for the County | ||||||
10 | of Cook or assigned or detailed to perform investigative | ||||||
11 | work for the department while employed as a civilian | ||||||
12 | employee of the police department of the city are | ||||||
13 | operative beginning January 1, 2023 and until January 1, | ||||||
14 | 2024 . | ||||||
15 | In this item (c), "investigative work" requires a | ||||||
16 | systematic inquiry into the obtainment and examination of | ||||||
17 | facts and evidence and does not include the simple | ||||||
18 | gathering of information.
| ||||||
19 | (d) While on leave of absence from the police | ||||||
20 | department of the city
and serving as the chief of police | ||||||
21 | of a police department outside the city.
| ||||||
22 | No credit shall be granted in this fund, however, for this | ||||||
23 | service if (1) the
policeman has credit therefor in any other | ||||||
24 | annuity and benefit fund or (2) the policeman has not, within 5 | ||||||
25 | years after the date his application has been approved, but | ||||||
26 | prior to his date of retirement, contributed
to this fund the |
| |||||||
| |||||||
1 | amount he would have contributed
with interest had he remained | ||||||
2 | an active member of the police department
in the position he | ||||||
3 | occupied as a result of a civil service competitive
| ||||||
4 | examination, certification and appointment by the Civil | ||||||
5 | Service Board; or
in the case of a city operating under the | ||||||
6 | provisions of a personnel ordinance
the position he occupied | ||||||
7 | as a result of a personnel ordinance competitive
examination | ||||||
8 | certification and appointment under the authority of a | ||||||
9 | Municipal
Personnel ordinance.
| ||||||
10 | Concurrently with such contributions, the city shall | ||||||
11 | contribute the amounts
provided by this Article. No credit | ||||||
12 | shall be allowed for any period of
time for which | ||||||
13 | contributions by the policeman have not been paid. It is the | ||||||
14 | sole responsibility of the policeman to ensure that all sums | ||||||
15 | contributed by the policeman have been received by the fund | ||||||
16 | for the service credit for which the policeman has applied. | ||||||
17 | The period
of service rendered by such policeman prior to the | ||||||
18 | date he became a member
of the police department of the city or | ||||||
19 | while detailed, assigned or on leave
of absence and employed | ||||||
20 | in any of the departments set forth hereinabove
in this | ||||||
21 | Section for which such policeman has contributed to this fund | ||||||
22 | shall
be credited to him as service for all the purposes of | ||||||
23 | this Article, except
that he shall not have any of the rights | ||||||
24 | conferred by the provisions of
Sections 5-127 and 5-162 of | ||||||
25 | this Article.
| ||||||
26 | The changes in this Section made by Public Act 86-273 |
| |||||||
| |||||||
1 | shall apply to members
of the fund who have not begun receiving | ||||||
2 | a pension under this Article on August
23, 1989, without | ||||||
3 | regard to whether employment is terminated before that date.
| ||||||
4 | (Source: P.A. 102-125, eff. 7-23-21.)
| ||||||
5 | Section 90. The State Mandates Act is amended by adding | ||||||
6 | Section 8.47 as follows: | ||||||
7 | (30 ILCS 805/8.47 new) | ||||||
8 | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | ||||||
9 | 8 of this Act, no reimbursement by the State is required for | ||||||
10 | the implementation of any mandate created by this amendatory | ||||||
11 | Act of the 103rd General Assembly.
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
|