95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1501

 

Introduced 2/22/2007, by Rep. Timothy L. Schmitz

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-109   from Ch. 108 1/2, par. 3-109

    Amends the Downstate Police Article of the Illinois Pension Code. Makes a technical change in a Section concerning persons who are excluded from participation in a fund created under the Article.


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PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Section 3-109 as follows:
 
6     (40 ILCS 5/3-109)  (from Ch. 108 1/2, par. 3-109)
7     Sec. 3-109. Persons excluded.
8     (a) The The following persons shall not be eligible to
9 participate in a fund created under this Article:
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
17     exclusively;
18         (2) any police officer who fails to pay the
19     contributions required under Section 3-125.1, computed (i)
20     for funds established prior to August 5, 1963, from the
21     date the municipality established the fund or the date of a
22     police officer's first appointment (including an
23     appointment on probation), whichever is later, or (ii) for

 

 

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1     funds established after August 5, 1963, from the date, as
2     determined from the statistics or census provided in
3     Section 3-103, the municipality became subject to this
4     Article by attaining the minimum population or by
5     referendum, or the date of a police officer's first
6     appointment (including an appointment on probation),
7     whichever is later, and continuing during his or her entire
8     service as a police officer; and
9         (3) any person who has elected under Section 3-109.1 to
10     participate in the Illinois Municipal Retirement Fund
11     rather than in a fund established under this Article,
12     without regard to whether the person continues to be
13     employed as chief of police or is employed in some other
14     rank or capacity within the police department, unless the
15     person has lawfully rescinded that election.
16     (b) A police officer who is reappointed shall, before being
17 declared eligible to participate in the pension fund, repay to
18 the fund as required by Section 3-124 any refund received
19 thereunder.
20     (c) Any person otherwise qualified to participate who was
21 excluded from participation by reason of the age restriction
22 removed by Public Act 79-1165 may elect to participate by
23 making a written application to the Board before January 1,
24 1990. Persons so electing shall begin participation on the
25 first day of the month following the date of application. Such
26 persons may also elect to establish creditable service for

 

 

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1 periods of employment as a police officer during which they did
2 not participate by paying into the police pension fund, before
3 January 1, 1990, the amount that the person would have
4 contributed had deductions from salary been made for such
5 purpose at the time such service was rendered, together with
6 interest thereon at 6% per annum from the time such service was
7 rendered until the date the payment is made.
8     (d) A person otherwise qualified to participate who was
9 excluded from participation by reason of the fitness
10 requirement removed by this amendatory Act of 1995 may elect to
11 participate by making a written application to the Board before
12 July 1, 1996. Persons so electing shall begin participation on
13 the first day of the month following the month in which the
14 application is received by the Board. These persons may also
15 elect to establish creditable service for periods of employment
16 as a police officer during which they did not participate by
17 paying into the police pension fund, before January 1, 1997,
18 the amount that the person would have contributed had
19 deductions from salary been made for this purpose at the time
20 the service was rendered, together with interest thereon at 6%
21 per annum, compounded annually, from the time the service was
22 rendered until the date of payment.
23 (Source: P.A. 89-52, eff. 6-30-95; 90-460, eff. 8-17-97.)