96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2558

 

Introduced 1/13/2010, by Sen. David Koehler

 

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. Provides that a person who has entered into a personal services contract to perform police duties for a municipality on or before the effective date of the amendatory Act may be appointed as an officer in the municipality within 6 months after the effective date of the amendatory Act, but shall be excluded from participating under the Downstate Police Article. Effective immediately.


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PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2558 LRB096 14964 AMC 29868 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 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 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     (e) A person employed by the Village of Shiloh who is
24 otherwise qualified to participate and was excluded from
25 participation by reason of his or her failure to make written
26 application to the Board within 3 months after receiving his or

 

 

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1 her first appointment or reappointment as required under
2 Section 3-106 may elect to participate by making a written
3 application to the Board before July 1, 2008. Persons so
4 electing shall begin participation on the first day of the
5 month following the month in which the application is received
6 by the Board. These persons may also elect to establish
7 creditable service for periods of employment as a police
8 officer during which they did not participate by paying into
9 the police pension fund, before January 1, 2009, the amount
10 that the person would have contributed had deductions from
11 salary been made for this purpose at the time the service was
12 rendered, together with interest thereon at 6% per annum,
13 compounded annually, from the time the service was rendered
14 until the date of payment. The Village of Shiloh must pay to
15 the System the corresponding employer contributions, plus
16 interest.
17     (f) A person who has entered into a personal services
18 contract to perform police duties for the Village of
19 Bartonville on or before the effective date of this amendatory
20 Act of the 96th General Assembly may be appointed as an officer
21 in the Village of Bartonville within 6 months after the
22 effective date of this amendatory Act, but shall be excluded
23 from participating under this Article.
24     (g) A person who has entered into a personal services
25 contract to perform police duties for a municipality on or
26 before the effective date of this amendatory Act of the 96th

 

 

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1 General Assembly may be appointed as an officer in the
2 municipality within 6 months after the effective date of this
3 amendatory Act, but shall be excluded from participating under
4 this Article.
5 (Source: P.A. 95-483, eff. 8-28-07; 96-775, eff. 8-28-09.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.