093_HB1428
LRB093 03569 EFG 03598 b
1 AN ACT in relation to 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 7-109.3 and adding Section 7-142.2 as
6 follows:
7 (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
8 Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
9 (a) "Sheriff's law enforcement employee" or "SLEP"
10 means:
11 (1) A county sheriff and all deputies, other than
12 special deputies, employed on a full time basis in the
13 office of the sheriff.
14 (2) A person who has elected to participate in this
15 Fund under Section 3-109.1 of this Code, and who is
16 employed by a participating municipality to perform
17 police duties.
18 (3) A law enforcement officer employed on a full
19 time basis by a Forest Preserve District, provided that
20 such officer shall be deemed a "sheriff's law enforcement
21 employee" for the purposes of this Article, and service
22 in that capacity shall be deemed to be service as a
23 sheriff's law enforcement employee, only if the board of
24 commissioners of the District have so elected by adoption
25 of an affirmative resolution. Such election, once made,
26 may not be rescinded.
27 (4) A person not eligible to participate in a fund
28 established under Article 3 of this Code who is employed
29 on a full-time basis by a participating municipality or
30 participating instrumentality to perform police duties at
31 an airport, but only if the governing authority of the
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1 employer has approved sheriff's law enforcement employee
2 status for its airport police employees by adoption of an
3 affirmative resolution. Such approval, once given, may
4 not be rescinded.
5 (5) A person who participates in the Fund and is
6 employed by a participating municipality as a county
7 probation officer.
8 (b) An employee who is a sheriff's law enforcement
9 employee and is granted military leave or authorized leave of
10 absence shall receive service credit in that capacity.
11 Sheriff's law enforcement employees shall not be entitled to
12 out-of-State service credit under Section 7-139.
13 (Source: P.A. 92-16, eff. 6-28-01.)
14 (40 ILCS 5/7-142.2 new)
15 Sec. 7-142.2. Conversion of prior service to SLEP
16 credit.
17 (a) Conversion of credit under this Section is available
18 only to a sheriff's law enforcement employee who is employed
19 as a county probation officer and only if the governing
20 authority of the employer has approved conversion of prior
21 service for its county probation officer employees by
22 adoption of an affirmative resolution. This approval, once
23 given, may not be rescinded.
24 (b) A sheriff's law enforcement employee who is employed
25 as a county probation officer may convert his or her non-SLEP
26 service credits for previous employment as a county probation
27 officer with that employer into service as a sheriff's law
28 enforcement employee by paying to the Fund an amount equal to
29 the additional contribution required under Section 7-173.1,
30 plus interest at the prescribed rate from the date of the
31 service to the date of payment.
32 (c) The required contribution may be paid to the Fund at
33 any time prior to retirement or, if the application for
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1 conversion is made at the time of the application for
2 retirement, as follows: If the member is entitled to a lump
3 sum payment for accumulated vacation, sick leave, or personal
4 leave upon withdrawal from service, the employer shall deduct
5 the employee contribution from that lump sum and pay the
6 deducted amount directly to the Fund. If there is no such
7 lump sum payment or the required employee contribution
8 exceeds the net amount of the lump sum payment, then the
9 remaining amount due, at the option of the employee, may
10 either be paid to the Fund before the annuity commences or
11 deducted from the retirement annuity in 24 equal monthly
12 installments.
13 (d) The additional unfunded liability accruing to an
14 employer as a result of service credit converted under this
15 Section in the 12 months following the adoption of the
16 approval resolution shall be amortized over a period of 5
17 years beginning on January 1 of the second calendar year
18 following the calendar year in which the approval resolution
19 was adopted by the employer; except that the employer may
20 provide for a shorter amortization period in the approval
21 resolution. The employer, at its discretion, may accelerate
22 payments to the Fund.
23 Section 90. The State Mandates Act is amended by adding
24 Section 8.27 as follows:
25 (30 ILCS 805/8.27 new)
26 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
27 and 8 of this Act, no reimbursement by the State is required
28 for the implementation of any mandate created by this
29 amendatory Act of the 93rd General Assembly.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.