Personnel and Pensions Committee
Adopted in House Comm. on Mar 13, 2008
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1 | AMENDMENT TO HOUSE BILL 5156
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2 | AMENDMENT NO. ______. Amend House Bill 5156 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Pension Code is amended by | ||||||
5 | changing Section 3-109 as follows:
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6 | (40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
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7 | Sec. 3-109. Persons excluded.
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8 | (a) The following persons shall not be eligible to | ||||||
9 | participate in a fund
created under this Article:
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10 | (1) part-time police officers, special police | ||||||
11 | officers, night watchmen,
temporary employees, traffic | ||||||
12 | guards or so-called auxiliary police officers
specially | ||||||
13 | appointed to aid or direct traffic at or near schools or | ||||||
14 | public
functions, or to aid in civil defense, municipal | ||||||
15 | parking lot attendants,
clerks or other civilian employees | ||||||
16 | of a police department who perform
clerical duties |
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1 | exclusively;
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2 | (2) any police officer who fails to pay the | ||||||
3 | contributions required
under Section 3-125.1, computed (i) | ||||||
4 | for funds established prior to August
5, 1963, from the | ||||||
5 | date the municipality established the fund or the date of
a | ||||||
6 | police officer's first appointment (including an | ||||||
7 | appointment on probation),
whichever is later, or (ii) for | ||||||
8 | funds established after August 5, 1963,
from the date, as | ||||||
9 | determined from the statistics or census provided in
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10 | Section 3-103, the municipality became subject to this | ||||||
11 | Article by attaining
the minimum population or by | ||||||
12 | referendum, or the date of a police officer's
first | ||||||
13 | appointment (including an appointment on probation), | ||||||
14 | whichever is
later, and continuing during his or her entire | ||||||
15 | service as a police officer; and
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16 | (3) any person who has elected under Section 3-109.1 to | ||||||
17 | participate in
the Illinois Municipal Retirement Fund | ||||||
18 | rather than in a fund established
under this Article, | ||||||
19 | without regard to whether the person continues to be
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20 | employed as chief of police or is employed in some other | ||||||
21 | rank or capacity
within the police department, unless the | ||||||
22 | person has lawfully rescinded that
election.
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23 | (b) A police officer who is reappointed shall, before being | ||||||
24 | declared
eligible to participate in the pension fund, repay to | ||||||
25 | the fund as required
by Section 3-124 any refund received | ||||||
26 | thereunder.
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1 | (c) Any person otherwise qualified to participate who was
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2 | excluded from participation by reason of the age restriction | ||||||
3 | removed by
Public Act 79-1165 may elect to participate by | ||||||
4 | making a written application
to the Board before January 1, | ||||||
5 | 1990. Persons so electing shall begin
participation on the | ||||||
6 | first day of the month following the date of
application. Such | ||||||
7 | persons may also elect to establish creditable service
for | ||||||
8 | periods of employment as a police officer during which they did | ||||||
9 | not
participate by paying into the police pension fund, before | ||||||
10 | January 1, 1990,
the amount that the person would have | ||||||
11 | contributed had deductions from
salary been made for such | ||||||
12 | purpose at the time such service was rendered,
together with | ||||||
13 | interest thereon at 6% per annum from the time such service
was | ||||||
14 | rendered until the date the payment is made.
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15 | (d) A person otherwise qualified to participate who was | ||||||
16 | excluded from
participation by reason of the fitness | ||||||
17 | requirement removed by this amendatory
Act of 1995 may elect to | ||||||
18 | participate by making a written application to the
Board before | ||||||
19 | July 1, 1996. Persons so electing shall begin participation on
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20 | the first day of the month following the month in which the | ||||||
21 | application is
received by the Board. These persons may also | ||||||
22 | elect to establish creditable
service for periods of employment | ||||||
23 | as a police officer during which they did not
participate by | ||||||
24 | paying into the police pension fund, before January 1, 1997, | ||||||
25 | the
amount that the person would have contributed had | ||||||
26 | deductions from salary been
made for this purpose at the time |
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1 | the service was rendered, together with
interest thereon at 6% | ||||||
2 | per annum, compounded annually, from the time the
service was | ||||||
3 | rendered until the date of payment.
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4 | (e) A person employed by the Village of Shiloh who is | ||||||
5 | otherwise qualified to participate and was excluded from
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6 | participation by reason of his or her failure to make written | ||||||
7 | application to the Board within 3 months after receiving his or | ||||||
8 | her first appointment or reappointment as required under | ||||||
9 | Section 3-106 may elect to participate by making a written | ||||||
10 | application to the
Board before July 1, 2008. Persons so | ||||||
11 | electing shall begin participation on
the first day of the | ||||||
12 | month following the month in which the application is
received | ||||||
13 | by the Board. These persons may also elect to establish | ||||||
14 | creditable
service for periods of employment as a police | ||||||
15 | officer during which they did not
participate by paying into | ||||||
16 | the police pension fund, before January 1, 2009, the
amount | ||||||
17 | that the person would have contributed had deductions from | ||||||
18 | salary been
made for this purpose at the time the service was | ||||||
19 | rendered, together with
interest thereon at 6% per annum, | ||||||
20 | compounded annually, from the time the
service was rendered | ||||||
21 | until the date of payment. The Village of Shiloh must pay to | ||||||
22 | the System the corresponding employer contributions, plus | ||||||
23 | interest.
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24 | (f) A person employed by the Village of Glen Carbon who is | ||||||
25 | otherwise qualified to participate and was excluded from
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26 | participation by reason of his or her failure to make written |
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1 | application to the Board within 3 months after receiving his or | ||||||
2 | her first appointment or reappointment as required under | ||||||
3 | Section 3-106 may elect to participate by making a written | ||||||
4 | application to the
Board before January 1, 2009. Persons so | ||||||
5 | electing shall begin participation on
the first day of the | ||||||
6 | month following the month in which the application is
received | ||||||
7 | by the Board. These persons may also elect to establish | ||||||
8 | creditable
service for periods of employment as a police | ||||||
9 | officer during which they did not
participate by paying into | ||||||
10 | the police pension fund, before July 1, 2009, (i) employee | ||||||
11 | contributions that the person would have contributed had | ||||||
12 | deductions from salary been
made for this purpose at the time | ||||||
13 | the service was rendered, (ii) employer contributions that the | ||||||
14 | employer would have contributed had deductions from salary been
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15 | made for this purpose at the time the service was rendered, | ||||||
16 | plus (iii) interest on items (i) and (ii) at the actuarially | ||||||
17 | assumed interest rate, compounded annually, from the time the
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18 | service was rendered until the date of payment. | ||||||
19 | (Source: P.A. 95-483, eff. 8-28-07.)
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20 | Section 90. The State Mandates Act is amended by adding | ||||||
21 | Section 8.32 as follows: | ||||||
22 | (30 ILCS 805/8.32 new)
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23 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
24 | of this Act, no reimbursement by the State is required for the |
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1 | implementation of any mandate created by this amendatory Act of | ||||||
2 | the 95th General Assembly.
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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