Full Text of HB0804 95th General Assembly
HB0804sam002 95TH GENERAL ASSEMBLY
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Sen. James F. Clayborne Jr.
Filed: 5/17/2007
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LRB095 10606 AMC 36485 a |
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| AMENDMENT TO HOUSE BILL 804
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| AMENDMENT NO. ______. Amend House Bill 804, AS AMENDED, in | 3 |
| Section 5, in the introductory clause, by replacing "Sections | 4 |
| 7-139" with "Sections 3-109, 7-139,"; and
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| in Section 5, immediately below the introductory clause, by | 6 |
| inserting the following:
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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 | 10 |
| participate in a fund
created under this Article:
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| (1) part-time police officers, special police | 12 |
| officers, night watchmen,
temporary employees, traffic | 13 |
| guards or so-called auxiliary police officers
specially | 14 |
| appointed to aid or direct traffic at or near schools or | 15 |
| public
functions, or to aid in civil defense, municipal | 16 |
| parking lot attendants,
clerks or other civilian employees |
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| of a police department who perform
clerical duties | 2 |
| exclusively;
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| (2) any police officer who fails to pay the | 4 |
| contributions required
under Section 3-125.1, computed (i) | 5 |
| for funds established prior to August
5, 1963, from the | 6 |
| date the municipality established the fund or the date of
a | 7 |
| police officer's first appointment (including an | 8 |
| appointment on probation),
whichever is later, or (ii) for | 9 |
| funds established after August 5, 1963,
from the date, as | 10 |
| determined from the statistics or census provided in
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| Section 3-103, the municipality became subject to this | 12 |
| Article by attaining
the minimum population or by | 13 |
| referendum, or the date of a police officer's
first | 14 |
| appointment (including an appointment on probation), | 15 |
| whichever is
later, and continuing during his or her entire | 16 |
| service as a police officer; and
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| (3) any person who has elected under Section 3-109.1 to | 18 |
| participate in
the Illinois Municipal Retirement Fund | 19 |
| rather than in a fund established
under this Article, | 20 |
| without regard to whether the person continues to be
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| employed as chief of police or is employed in some other | 22 |
| rank or capacity
within the police department, unless the | 23 |
| person has lawfully rescinded that
election.
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| (b) A police officer who is reappointed shall, before being | 25 |
| declared
eligible to participate in the pension fund, repay to | 26 |
| the fund as required
by Section 3-124 any refund received |
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LRB095 10606 AMC 36485 a |
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| 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 | 4 |
| removed by
Public Act 79-1165 may elect to participate by | 5 |
| making a written application
to the Board before January 1, | 6 |
| 1990. Persons so electing shall begin
participation on the | 7 |
| first day of the month following the date of
application. Such | 8 |
| persons may also elect to establish creditable service
for | 9 |
| periods of employment as a police officer during which they did | 10 |
| not
participate by paying into the police pension fund, before | 11 |
| January 1, 1990,
the amount that the person would have | 12 |
| contributed had deductions from
salary been made for such | 13 |
| purpose at the time such service was rendered,
together with | 14 |
| interest thereon at 6% per annum from the time such service
was | 15 |
| rendered until the date the payment is made.
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| (d) A person otherwise qualified to participate who was | 17 |
| excluded from
participation by reason of the fitness | 18 |
| requirement removed by this amendatory
Act of 1995 may elect to | 19 |
| participate by making a written application to the
Board before | 20 |
| 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 | 22 |
| application is
received by the Board. These persons may also | 23 |
| elect to establish creditable
service for periods of employment | 24 |
| as a police officer during which they did not
participate by | 25 |
| paying into the police pension fund, before January 1, 1997, | 26 |
| the
amount that the person would have contributed had |
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LRB095 10606 AMC 36485 a |
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| deductions from salary been
made for this purpose at the time | 2 |
| the service was rendered, together with
interest thereon at 6% | 3 |
| per annum, compounded annually, from the time the
service was | 4 |
| rendered until the date of payment.
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| (e) A person employed by the Village of Shiloh who is | 6 |
| otherwise qualified to participate and was excluded from
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| participation by reason of his or her failure to make written | 8 |
| application to the Board within 3 months after receiving his or | 9 |
| her first appointment or reappointment as required under | 10 |
| Section 3-106 may elect to participate by making a written | 11 |
| application to the
Board before July 1, 2008. Persons so | 12 |
| electing shall begin participation on
the first day of the | 13 |
| month following the month in which the application is
received | 14 |
| by the Board. These persons may also elect to establish | 15 |
| creditable
service for periods of employment as a police | 16 |
| officer during which they did not
participate by paying into | 17 |
| the police pension fund, before January 1, 2009, the
amount | 18 |
| that the person would have contributed had deductions from | 19 |
| salary been
made for this purpose at the time the service was | 20 |
| rendered, together with
interest thereon at 6% per annum, | 21 |
| compounded annually, from the time the
service was rendered | 22 |
| until the date of payment.
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| (Source: P.A. 89-52, eff. 6-30-95; 90-460, eff. 8-17-97.)".
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