93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2283


 
Introduced 1/22/2004, by James A. DeLeo
 
SYNOPSIS AS INTRODUCED:
 		



















40 ILCS 5/5-234  from Ch. 108 1/2, par. 5-234


40 ILCS 5/6-227 new




30 ILCS 805/8.28 new










    Amends the Chicago Police and Chicago Firefighter
Articles of the Illinois Pension Code.  Allows a transfer of up to 10 years of
credits and creditable service from the Chicago firefighters pension fund to
the Chicago police pension fund.  Amends the State Mandates Act to require
implementation without reimbursement.  Effective immediately.
















LRB093 20210 LRD 45962 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB2283

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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 5-234
and adding Section 6-227 as
follows:


 



6
    (40 ILCS 5/5-234)
  (from Ch. 108 1/2, par. 5-234)



7
    Sec. 5-234. Transfer of credits. 

8
    (a) Any police officer who has at least 10
years of 
9
creditable service in the Fund may transfer to this Fund 
10
credits
and creditable service accumulated under any other 
11
pension fund or
retirement system established under Article 8 
12
or 12 of this Code, by making
application and paying to the 
13
Fund before January 1, 1990 the amount by
which the employee 
14
contributions that would have been required if he had

15
participated in this Fund during the period for which credit is 
16
being
transferred, plus interest, exceeds the amount actually 
17
transferred from such
other fund or system to this Fund under 
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item (1) of Section 8-226.5 or item (1)
of Section 12-127.5.

19
    (b) A policeman may transfer to this Fund up to 10 years of 
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credits and
creditable service
accumulated under the pension 
21
fund established under Article 6 of this
Code, by making 
22
written application to the Fund within 6 months of the

23
effective date of this amendatory Act of the 93rd General 
24
Assembly.  For
the transfer to be effective, the policeman must 
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pay to the Fund before
withdrawal from service the amount, if 
26
any, by which the employee contributions
that would have been 
27
required if he or she had participated in this Fund during
the 
28
period for which credit is being transferred, plus interest, 
29
exceeds the
amount actually transferred from the Article 6 fund 
30
to this Fund under Section
6-227.

31
(Source: P.A. 86-272.)


 



 


 






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1
    (40 ILCS 5/6-227 new)




2
    Sec. 6-227. Transfer of creditable service to Article 5 
3
fund. 

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    (a) Any policeman as defined in Section 5-109 of this Code 
5
who is a
participant in the pension fund established under 
6
Article 5 of this Code, may
apply for transfer of up to 10 
7
years of his or her credits and creditable service
accumulated 
8
in this Fund to that Article 5 fund, if he or she applies to

9
transfer those credits and creditable service within 6 months 
10
of the effective
date of this amendatory Act of the 93rd 
11
General Assembly.  Such creditable
service shall be transferred

12
forthwith.  Payment by this Fund to the Article 5 fund shall be 
13
made at the
same time and shall consist of:

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        (1) the amounts accumulated to the credit of the 
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    applicant, including
interest, on the books of the Fund on 
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    the date of transfer, but
excluding any additional or 
17
    optional credits, which credits shall be
refunded to the 
18
    applicant; and

19
        (2) municipality credits computed and credited under 
20
    this Article,
including interest, on the books of the Fund 
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    on the date the member
terminated service under the Fund.

22
    Participation in this Fund as to any credits transferred 
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under this Section
shall terminate on the date of transfer.

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    (b) Any such elected policeman may reinstate credits and 
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creditable service
terminated upon receipt of a separation 
26
benefit, by payment to the Fund of
the amount of the separation 
27
benefit plus interest thereon to the
date of payment.



 
28
    Section 90. The State Mandates Act is amended by adding 
29
Section 8.28 as
follows:


 
30
    (30 ILCS 805/8.28 new)

31
    Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 
32
of this
Act, no reimbursement by the State is required for the 
33
implementation of
any mandate created by this amendatory Act of 
34
the 93rd General Assembly.


 
 


 






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1
    Section 99. Effective date.  This Act takes effect upon 
2
becoming law.