Sen. James F. Clayborne Jr.
Filed: 5/17/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 804
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 804, AS AMENDED, in | ||||||
3 | Section 5, in the introductory clause, by replacing "Sections | ||||||
4 | 7-139" with "Sections 3-109, 7-139,"; and
| ||||||
5 | in Section 5, immediately below the introductory clause, by | ||||||
6 | inserting the following:
| ||||||
7 | "(40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
| ||||||
8 | Sec. 3-109. Persons excluded.
| ||||||
9 | (a) The following persons shall not be eligible to | ||||||
10 | participate in a fund
created under this Article:
| ||||||
11 | (1) part-time police officers, special police | ||||||
12 | officers, night watchmen,
temporary employees, traffic | ||||||
13 | guards or so-called auxiliary police officers
specially | ||||||
14 | appointed to aid or direct traffic at or near schools or | ||||||
15 | public
functions, or to aid in civil defense, municipal | ||||||
16 | parking lot attendants,
clerks or other civilian employees |
| |||||||
| |||||||
1 | of a police department who perform
clerical duties | ||||||
2 | exclusively;
| ||||||
3 | (2) any police officer who fails to pay the | ||||||
4 | contributions required
under Section 3-125.1, computed (i) | ||||||
5 | for funds established prior to August
5, 1963, from the | ||||||
6 | date the municipality established the fund or the date of
a | ||||||
7 | police officer's first appointment (including an | ||||||
8 | appointment on probation),
whichever is later, or (ii) for | ||||||
9 | funds established after August 5, 1963,
from the date, as | ||||||
10 | determined from the statistics or census provided in
| ||||||
11 | Section 3-103, the municipality became subject to this | ||||||
12 | Article by attaining
the minimum population or by | ||||||
13 | referendum, or the date of a police officer's
first | ||||||
14 | appointment (including an appointment on probation), | ||||||
15 | whichever is
later, and continuing during his or her entire | ||||||
16 | service as a police officer; and
| ||||||
17 | (3) any person who has elected under Section 3-109.1 to | ||||||
18 | participate in
the Illinois Municipal Retirement Fund | ||||||
19 | rather than in a fund established
under this Article, | ||||||
20 | without regard to whether the person continues to be
| ||||||
21 | employed as chief of police or is employed in some other | ||||||
22 | rank or capacity
within the police department, unless the | ||||||
23 | person has lawfully rescinded that
election.
| ||||||
24 | (b) A police officer who is reappointed shall, before being | ||||||
25 | declared
eligible to participate in the pension fund, repay to | ||||||
26 | the fund as required
by Section 3-124 any refund received |
| |||||||
| |||||||
1 | thereunder.
| ||||||
2 | (c) Any person otherwise qualified to participate who was
| ||||||
3 | excluded from participation by reason of the age restriction | ||||||
4 | removed by
Public Act 79-1165 may elect to participate by | ||||||
5 | making a written application
to the Board before January 1, | ||||||
6 | 1990. Persons so electing shall begin
participation on the | ||||||
7 | first day of the month following the date of
application. Such | ||||||
8 | persons may also elect to establish creditable service
for | ||||||
9 | periods of employment as a police officer during which they did | ||||||
10 | not
participate by paying into the police pension fund, before | ||||||
11 | January 1, 1990,
the amount that the person would have | ||||||
12 | contributed had deductions from
salary been made for such | ||||||
13 | purpose at the time such service was rendered,
together with | ||||||
14 | interest thereon at 6% per annum from the time such service
was | ||||||
15 | rendered until the date the payment is made.
| ||||||
16 | (d) A person otherwise qualified to participate who was | ||||||
17 | excluded from
participation by reason of the fitness | ||||||
18 | requirement removed by this amendatory
Act of 1995 may elect to | ||||||
19 | participate by making a written application to the
Board before | ||||||
20 | July 1, 1996. Persons so electing shall begin participation on
| ||||||
21 | the first day of the month following the month in which the | ||||||
22 | application is
received by the Board. These persons may also | ||||||
23 | elect to establish creditable
service for periods of employment | ||||||
24 | as a police officer during which they did not
participate by | ||||||
25 | paying into the police pension fund, before January 1, 1997, | ||||||
26 | the
amount that the person would have contributed had |
| |||||||
| |||||||
1 | deductions from salary been
made for this purpose at the time | ||||||
2 | the service was rendered, together with
interest thereon at 6% | ||||||
3 | per annum, compounded annually, from the time the
service was | ||||||
4 | rendered until the date of payment.
| ||||||
5 | (e) A person employed by the Village of Shiloh who is | ||||||
6 | otherwise qualified to participate and was excluded from
| ||||||
7 | participation by reason of his or her failure to make written | ||||||
8 | application to the Board within 3 months after receiving his or | ||||||
9 | her first appointment or reappointment as required under | ||||||
10 | Section 3-106 may elect to participate by making a written | ||||||
11 | application to the
Board before July 1, 2008. Persons so | ||||||
12 | electing shall begin participation on
the first day of the | ||||||
13 | month following the month in which the application is
received | ||||||
14 | by the Board. These persons may also elect to establish | ||||||
15 | creditable
service for periods of employment as a police | ||||||
16 | officer during which they did not
participate by paying into | ||||||
17 | the police pension fund, before January 1, 2009, the
amount | ||||||
18 | that the person would have contributed had deductions from | ||||||
19 | salary been
made for this purpose at the time the service was | ||||||
20 | rendered, together with
interest thereon at 6% per annum, | ||||||
21 | compounded annually, from the time the
service was rendered | ||||||
22 | until the date of payment.
| ||||||
23 | (Source: P.A. 89-52, eff. 6-30-95; 90-460, eff. 8-17-97.)".
|