Public Act 094-0624
 
SB0021 Enrolled LRB094 03625 LRD 33630 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 5-174 as follows:
 
    (40 ILCS 5/5-174)  (from Ch. 108 1/2, par. 5-174)
    Sec. 5-174. Contributions in case of certain employments in
police department.
    (a) Whenever a policeman is assigned to a position in the
police department other than the position he holds by
certification and appointment as a result of competitive civil
service examination, there shall be deducted from his salary
the amount which would have been deducted had he continued in
his civil service position. If such deductions are not made,
the policeman may pay such amount direct to the fund and shall
be credited with the corresponding city contributions, to the
end that he may retain all rights he otherwise would have had
were his employment continuous in his civil service position;
provided, that any such amount not so deducted from his salary
nor paid by him shall be deducted from the earliest possible
and practicable payment of salary due and payable to him, or
from any annuity, benefit or refund payable to him or on his
account. The policeman shall receive credit for such employment
as service for all purposes of this Article.
    (b) From and after January 1, 1970, in lieu of the
provisions of the preceding paragraph (a) of this Section, any
policeman serving in a non-civil service position in the police
department shall have salary deductions made for age and
service annuity and widow's annuity on salary as defined in
Section 5-114 (e).
    Any active policeman serving in a non-civil service
position on the effective date of this amendatory Act may
elect, prior to January 1, 1970, to contribute directly to the
fund for age and service and widow's annuity on salary received
in excess of that provided for in his civil service rank for
police service rendered in a non-civil service position prior
to the operative date of his election. Such election shall be
exercised prior to January 1, 1974, by a policeman in service
on such effective date or within 6 months prior to such date.
Any policeman in service not serving in a non-civil service
position on the effective date of this amendatory Act who is
subsequently assigned and serving in a non-civil service
position may make like election within 6 months after such
assignment. Contributions for such past service shall include
interest at the applicable rate to the end that the
contributions shall equal the amount that would have been
credited to the policeman had deductions been made from such
excess salary for such service. For such contributions the
policeman shall be credited with the corresponding city
contributions with interest for all annuity purposes at the
rates in effect at the time the service was rendered.
    Contributions for past service, if elected, shall be made
for the entire period of service and for the total amount of
the excess salary and no credit shall be granted or payment
permitted for any part of such service or excess salary.
Payment of contributions on such past service shall be
completed within 3 years of the date of election and in any
event before death or retirement. If not paid in full within
such period, or before death, no credit shall be granted
thereon, and the sums so paid, with interest at the rate of 1
1/2% per year, compounded annually, shall be refunded to the
policeman, or his surviving widow or children, or if there are
no such survivors, then in accordance with Section 5-167,
provided, however, that if the repayment has not been made in
full before death, his widow shall have the option of
completing such payment within 60 days from the date of his
death.
    A policeman assigned to a non-civil service position within
3 years of the date of his reaching compulsory retirement age
or within 3 years of retirement at his own option, whichever is
earlier, shall not qualify for the benefits authorized herein.
The limitation contained in this paragraph shall not apply to a
policeman assigned to a non-civil service position whose
retirement from active service is caused by duty disability.
Beginning January 1, 2000, the limitation contained in this
paragraph shall not apply to a policeman assigned to a
non-civil service position with the title of Captain. A
policeman who has made contributions as provided by this
Section section but who fails to qualify for the benefits due
to the limitation of this paragraph is entitled to refund of
said contributions, upon application therefor, according to
the provisions of Section 5-163 (f).
    In no event shall the provisions of this or any other
Section section of this Article, allowing payment for or
granting credit on salary received in excess of that provided
for his civil service rank or position be applicable in the
case of any former policeman who is receiving annuity from this
fund who subsequently re-enters service as a policeman.
(Source: P.A. 81-1536.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.29 as follows:
 
    (30 ILCS 805/8.29 new)
    Sec. 8.29. 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 94th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.