94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2427

 

Introduced 2/17/2005, by Rep. Jay C. Hoffman

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/7-109.3   from Ch. 108 1/2, par. 7-109.3
40 ILCS 5/7-142.1   from Ch. 108 1/2, par. 7-142.1

    Amends the IMRF Article of the Illinois Pension Code. Makes county probation officers eligible for the sheriff's law enforcement employee (SLEP) formula; requires an affirmative resolution of the employer. Allows these probation officers to convert non-SLEP service as a probation officer into SLEP credit by paying the difference in employee contributions plus interest; waives the interest if payment is made within one year; requires an affirmative resolution by the employer. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2427 LRB094 08079 AMC 38263 b

1     AN ACT concerning 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 changing
5 Sections 7-109.3 and 7-142.1 as follows:
 
6     (40 ILCS 5/7-109.3)  (from Ch. 108 1/2, par. 7-109.3)
7     Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
8     (a) "Sheriff's law enforcement employee" or "SLEP" means:
9         (1) A county sheriff and all deputies, other than
10     special deputies, employed on a full time basis in the
11     office of the sheriff.
12         (2) A person who has elected to participate in this
13     Fund under Section 3-109.1 of this Code, and who is
14     employed by a participating municipality to perform police
15     duties.
16         (3) A law enforcement officer employed on a full time
17     basis by a Forest Preserve District, provided that such
18     officer shall be deemed a "sheriff's law enforcement
19     employee" for the purposes of this Article, and service in
20     that capacity shall be deemed to be service as a sheriff's
21     law enforcement employee, only if the board of
22     commissioners of the District have so elected by adoption
23     of an affirmative resolution. Such election, once made, may
24     not be rescinded.
25         (4) A person not eligible to participate in a fund
26     established under Article 3 of this Code who is employed on
27     a full-time basis by a participating municipality or
28     participating instrumentality to perform police duties at
29     an airport, but only if the governing authority of the
30     employer has approved sheriff's law enforcement employee
31     status for its airport police employees by adoption of an
32     affirmative resolution. Such approval, once given, may not

 

 

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1     be rescinded.
2         (5) A person who participates in the Fund and is
3     employed by a participating municipality as a county
4     probation officer, but only if the governing authority of
5     the employer has approved sheriff's law enforcement
6     employee status for its county probation officer employees
7     by adoption of an affirmative resolution. Such approval,
8     once given, may not be rescinded.
9     (b) An employee who is a sheriff's law enforcement employee
10 and is granted military leave or authorized leave of absence
11 shall receive service credit in that capacity. Sheriff's law
12 enforcement employees shall not be entitled to out-of-State
13 service credit under Section 7-139.
14 (Source: P.A. 92-16, eff. 6-28-01.)
 
15     (40 ILCS 5/7-142.1)  (from Ch. 108 1/2, par. 7-142.1)
16     Sec. 7-142.1. Sheriff's law enforcement employees.
17     (a) In lieu of the retirement annuity provided by
18 subparagraph 1 of paragraph (a) of Section 7-142: Any sheriff's
19 law enforcement employee who has 20 or more years of service in
20 that capacity and who terminates service prior to January 1,
21 1988 shall be entitled at his option to receive a monthly
22 retirement annuity for his service as a sheriff's law
23 enforcement employee computed by multiplying 2% for each year
24 of such service up to 10 years, 2 1/4% for each year of such
25 service above 10 years and up to 20 years, and 2 1/2% for each
26 year of such service above 20 years, by his annual final rate
27 of earnings and dividing by 12. Any sheriff's law enforcement
28 employee who has 20 or more years of service in that capacity
29 and who terminates service on or after January 1, 1988 shall be
30 entitled at his option to receive a monthly retirement annuity
31 for his service as a sheriff's law enforcement employee
32 computed by multiplying 2.5% for each year of such service up
33 to 20 years, 2% for each year of such service above 20 years
34 and up to 30 years, and 1% for each year of such service above
35 30 years, by his annual final rate of earnings and dividing by

 

 

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1 12.
2     If a sheriff's law enforcement employee has service in any
3 other capacity, his retirement annuity for service as a
4 sheriff's law enforcement employee may be computed under this
5 Section and the retirement annuity for his other service under
6 Section 7-142.
7     In no case shall the total monthly retirement annuity
8 exceed 75% of the monthly final rate of earnings.
9     (b) Whenever continued group insurance coverage is elected
10 in accordance with the provisions of Section 367h of the
11 Illinois Insurance Code, as now or hereafter amended, the total
12 monthly premium for such continued group insurance coverage or
13 such portion thereof as is not paid by the municipality shall,
14 upon request of the person electing such continued group
15 insurance coverage, be deducted from any monthly pension
16 benefit otherwise payable to such person pursuant to this
17 Section, to be remitted by the Fund to the insurance company or
18 other entity providing the group insurance coverage.
19     (c) A sheriff's law enforcement employee who is employed as
20 a county probation officer may convert his or her non-SLEP
21 service credits for previous employment as a county probation
22 officer into service as a sheriff's law enforcement employee by
23 paying to the Fund an amount equal to the additional
24 contribution required under Section 7-173.1, plus interest at
25 the prescribed rate from the date of the service to the date of
26 payment. The interest is waived if payment is made to the Fund
27 within one year of the date that the applicant becomes a
28 sheriff's law enforcement employee based on employment as a
29 county probation officer. Conversion of credit under this
30 subsection is available only if the governing authority of the
31 employer has approved conversion of prior service for its
32 county probation officer employees by adoption of an
33 affirmative resolution. This approval, once given, may not be
34 rescinded.
35 (Source: P.A. 85-941.)
 

 

 

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