Full Text of SB2558 96th General Assembly
SB2558 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2558
Introduced 1/13/2010, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/3-109 |
from Ch. 108 1/2, par. 3-109 |
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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 | |
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A BILL FOR
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SB2558 |
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LRB096 14964 AMC 29868 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| 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 | 9 |
| participate in a fund
created under this Article:
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| (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;
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| (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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SB2558 |
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LRB096 14964 AMC 29868 b |
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| funds established after August 5, 1963,
from the date, as | 2 |
| determined from the statistics or census provided in
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| 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
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| (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
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| 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.
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| (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.
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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 | 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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SB2558 |
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LRB096 14964 AMC 29868 b |
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| 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.
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| (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
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| 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.
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| (e) A person employed by the Village of Shiloh who is | 24 |
| otherwise qualified to participate and was excluded from
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| 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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LRB096 14964 AMC 29868 b |
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| 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.
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| (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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LRB096 14964 AMC 29868 b |
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| 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.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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