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Personnel and Pensions Committee
Adopted in House Comm. on Mar 13, 2008
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LRB095 13947 AMC 48293 a |
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| AMENDMENT TO HOUSE BILL 5156
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| AMENDMENT NO. ______. Amend House Bill 5156 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by |
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| changing Section 3-109 as follows:
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| (40 ILCS 5/3-109) (from Ch. 108 1/2, par. 3-109)
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| Sec. 3-109. Persons excluded.
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| (a) The following persons shall not be eligible to |
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| participate in a fund
created under this Article:
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| (1) part-time police officers, special police |
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| officers, night watchmen,
temporary employees, traffic |
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| guards or so-called auxiliary police officers
specially |
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| appointed to aid or direct traffic at or near schools or |
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| public
functions, or to aid in civil defense, municipal |
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| parking lot attendants,
clerks or other civilian employees |
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| of a police department who perform
clerical duties |
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LRB095 13947 AMC 48293 a |
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| exclusively;
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| (2) any police officer who fails to pay the |
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| contributions required
under Section 3-125.1, computed (i) |
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| for funds established prior to August
5, 1963, from the |
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| date the municipality established the fund or the date of
a |
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| police officer's first appointment (including an |
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| appointment on probation),
whichever is later, or (ii) for |
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| funds established after August 5, 1963,
from the date, as |
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| determined from the statistics or census provided in
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| Section 3-103, the municipality became subject to this |
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| Article by attaining
the minimum population or by |
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| referendum, or the date of a police officer's
first |
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| appointment (including an appointment on probation), |
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| whichever is
later, and continuing during his or her entire |
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| service as a police officer; and
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| (3) any person who has elected under Section 3-109.1 to |
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| participate in
the Illinois Municipal Retirement Fund |
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| rather than in a fund established
under this Article, |
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| without regard to whether the person continues to be
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| employed as chief of police or is employed in some other |
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| rank or capacity
within the police department, unless the |
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| person has lawfully rescinded that
election.
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| (b) A police officer who is reappointed shall, before being |
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| declared
eligible to participate in the pension fund, repay to |
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| the fund as required
by Section 3-124 any refund received |
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| thereunder.
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LRB095 13947 AMC 48293 a |
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| (c) Any person otherwise qualified to participate who was
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| excluded from participation by reason of the age restriction |
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| removed by
Public Act 79-1165 may elect to participate by |
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| making a written application
to the Board before January 1, |
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| 1990. Persons so electing shall begin
participation on the |
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| first day of the month following the date of
application. Such |
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| persons may also elect to establish creditable service
for |
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| periods of employment as a police officer during which they did |
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| not
participate by paying into the police pension fund, before |
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| January 1, 1990,
the amount that the person would have |
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| contributed had deductions from
salary been made for such |
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| purpose at the time such service was rendered,
together with |
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| interest thereon at 6% per annum from the time such service
was |
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| rendered until the date the payment is made.
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| (d) A person otherwise qualified to participate who was |
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| excluded from
participation by reason of the fitness |
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| requirement removed by this amendatory
Act of 1995 may elect to |
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| participate by making a written application to the
Board before |
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| July 1, 1996. Persons so electing shall begin participation on
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| the first day of the month following the month in which the |
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| application is
received by the Board. These persons may also |
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| elect to establish creditable
service for periods of employment |
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| as a police officer during which they did not
participate by |
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| paying into the police pension fund, before January 1, 1997, |
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| the
amount that the person would have contributed had |
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| deductions from salary been
made for this purpose at the time |
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LRB095 13947 AMC 48293 a |
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| the service was rendered, together with
interest thereon at 6% |
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| per annum, compounded annually, from the time the
service was |
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| rendered until the date of payment.
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| (e) A person employed by the Village of Shiloh who is |
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| otherwise qualified to participate and was excluded from
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| participation by reason of his or her failure to make written |
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| application to the Board within 3 months after receiving his or |
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| her first appointment or reappointment as required under |
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| Section 3-106 may elect to participate by making a written |
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| application to the
Board before July 1, 2008. Persons so |
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| electing shall begin participation on
the first day of the |
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| month following the month in which the application is
received |
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| by the Board. These persons may also elect to establish |
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| creditable
service for periods of employment as a police |
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| officer during which they did not
participate by paying into |
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| the police pension fund, before January 1, 2009, the
amount |
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| that the person would have contributed had deductions from |
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| salary been
made for this purpose at the time the service was |
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| rendered, together with
interest thereon at 6% per annum, |
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| compounded annually, from the time the
service was rendered |
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| until the date of payment. The Village of Shiloh must pay to |
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| the System the corresponding employer contributions, plus |
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| interest.
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| (f) A person employed by the Village of Glen Carbon who is |
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| otherwise qualified to participate and was excluded from
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| participation by reason of his or her failure to make written |
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LRB095 13947 AMC 48293 a |
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| application to the Board within 3 months after receiving his or |
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| her first appointment or reappointment as required under |
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| Section 3-106 may elect to participate by making a written |
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| application to the
Board before January 1, 2009. Persons so |
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| electing shall begin participation on
the first day of the |
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| month following the month in which the application is
received |
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| by the Board. These persons may also elect to establish |
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| creditable
service for periods of employment as a police |
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| officer during which they did not
participate by paying into |
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| the police pension fund, before July 1, 2009, (i) employee |
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| contributions that the person would have contributed had |
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| deductions from salary been
made for this purpose at the time |
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| the service was rendered, (ii) employer contributions that the |
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| employer would have contributed had deductions from salary been
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| made for this purpose at the time the service was rendered, |
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| plus (iii) interest on items (i) and (ii) at the actuarially |
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| assumed interest rate, compounded annually, from the time the
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| service was rendered until the date of payment. |
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| (Source: P.A. 95-483, eff. 8-28-07.)
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| Section 90. The State Mandates Act is amended by adding |
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| Section 8.32 as follows: |
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| (30 ILCS 805/8.32 new)
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| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| of this Act, no reimbursement by the State is required for the |