101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3866

 

Introduced 2/14/2020, by Sen. Emil Jones, III

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/5-214  from Ch. 108 1/2, par. 5-214
30 ILCS 805/8.44 new

    Amends the Chicago Police Article of the Illinois Pension Code. Makes changes to provisions concerning credit for service while on leave of absence from the police department and assigned or detailed to perform safety or investigative work. Defines "investigative work". Provides that the board may (instead of shall) reconsider any 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 (instead of an application for credit under the provisions), if the application was submitted between specified dates and was denied. Provides that no credit shall be granted for certain service while on a leave of absence or as a temporary police officer if the policeman has not, within 5 years after the date his application for credit has been approved, but prior to his date of retirement, made a specified contribution. Provides that 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. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3866LRB101 18809 RPS 68266 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 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
8this fund (other than a member of the fire department of the
9city) who has rendered service as a member of the police
10department of the city for a period of 3 years or more is
11entitled to credit for the various purposes of this Article for
12service rendered prior to becoming a member or subsequent
13thereto 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 the
22    city, as an employee of the Policemen's Annuity and Benefit
23    Fund created by this Article, as the head of an

 

 

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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    performing safety or investigative work as an employee for
14    the County of Cook, the State of Illinois, or the federal
15    government county in which such city is principally located
16    or for the State of Illinois or for the federal government,
17    on leave of absence from the department of police, or while
18    employed as a civilian employee of the police department of
19    the city and assigned or detailed to perform performing
20    investigative work for the department as a civilian
21    employee of the department. Notwithstanding any other
22    provision of law, the board may shall reconsider an
23    application for credit for service for any active policeman
24    assigned or detailed to perform safety or investigative
25    work as an employee for the County of Cook, if such
26    application under this item (c) that was submitted after

 

 

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1    January 1, 1992 and before April 1, 2008 and was denied.
2        The changes made to this item (c) by this amendatory
3    Act of the 101st General Assembly requiring an applicant to
4    have been on a leave of absence from the police department
5    of the city in order to obtain the requested service credit
6    while assigned or detailed to perform safety or
7    investigative work as an employee for the County of Cook
8    are effective beginning January 1, 2021.
9        In this item (c), "investigative work" requires a
10    systematic inquiry into the obtainment and examination of
11    facts and evidence and does not include the simple
12    gathering of information.
13        (d) While on leave of absence from the police
14    department of the city and serving as the chief of police
15    of a police department outside the city.
16    No credit shall be granted in this fund, however, for this
17service if (1) the policeman has credit therefor in any other
18annuity and benefit fund, or (2) the policeman has not, within
195 years after the date his application has been approved, but
20prior to his date of retirement, contributed unless he
21contributes to this fund the amount he would have contributed
22with interest had he remained an active member of the police
23department in the position he occupied as a result of a civil
24service competitive examination, certification and appointment
25by the Civil Service Board; or in the case of a city operating
26under the provisions of a personnel ordinance the position he

 

 

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1occupied as a result of a personnel ordinance competitive
2examination certification and appointment under the authority
3of a Municipal Personnel ordinance.
4    Concurrently with such contributions, the city shall
5contribute the amounts provided by this Article. No credit
6shall be allowed for any period of time for which contributions
7by the policeman have not been paid. It is the sole
8responsibility of the policeman to ensure that all sums
9contributed by the policeman have been received by the fund for
10the service credit for which the policeman has applied. The
11period of service rendered by such policeman prior to the date
12he became a member of the police department of the city or
13while detailed, assigned or on leave of absence and employed in
14any of the departments set forth hereinabove in this Section
15for which such policeman has contributed to this fund shall be
16credited to him as service for all the purposes of this
17Article, except that he shall not have any of the rights
18conferred by the provisions of Sections 5-127 and 5-162 of this
19Article.
20    The changes in this Section made by Public Act 86-273 shall
21apply to members of the fund who have not begun receiving a
22pension under this Article on August 23, 1989, without regard
23to whether employment is terminated before that date.
24(Source: P.A. 100-1173, eff. 6-1-19.)
 
25    Section 90. The State Mandates Act is amended by adding

 

 

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1Section 8.44 as follows:
 
2    (30 ILCS 805/8.44 new)
3    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
4of this Act, no reimbursement by the State is required for the
5implementation of any mandate created by this amendatory Act of
6the 101st General Assembly.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.