Full Text of SB2520 95th General Assembly
SB2520enr 95TH GENERAL ASSEMBLY
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| AN ACT in relation to 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 |
| Sections 3-110.8, 4-109.3, 5-168, 5-178, 7-139.11, 8-163, | 6 |
| 9-156, 9-158, 9-159, 10-103, 11-158, 14-110, by renumbering and | 7 |
| changing Section 3-110.9 as added by Public Act 95-530 and | 8 |
| Section 7-139.12 as added by Public Act 95-530, and by adding | 9 |
| Sections 5-214.2, 6-151.2, and 10-109 as follows: | 10 |
| (40 ILCS 5/3-110.8)
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| Sec. 3-110.8. Transfer to IMRF. | 12 |
| (a) Until January 1, 2009 2008 , any active member of the | 13 |
| Illinois Municipal Retirement Fund may apply to transfer up to | 14 |
| who
has less than 8 years of creditable service in a police | 15 |
| pension fund under this Article , may apply for transfer of his | 16 |
| or her creditable service accumulated
in that fund to the | 17 |
| Illinois Municipal
Retirement Fund. The creditable service | 18 |
| shall be transferred upon payment by
the police pension fund to | 19 |
| the Illinois Municipal Retirement Fund of an amount
equal to: | 20 |
| (1) the amounts accumulated to the credit of the | 21 |
| applicant on the books
of the fund on the date of transfer; | 22 |
| and
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| (2) employer contributions in an amount equal to the |
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| amount determined
under subparagraph (1); and
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| (3) any interest paid by the applicant in order to | 3 |
| reinstate service.
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| Creditable service transferred to the Illinois Municipal | 5 |
| Retirement Fund under this Section shall terminate on the date | 6 |
| of the transfer. Participation in this Fund shall terminate on | 7 |
| the date of transfer.
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| (b) Until January 1, 2009 2008 , any active member of the | 9 |
| Illinois Municipal Retirement Fund member under subsection (a) | 10 |
| may reinstate all or any portion of his or her service that | 11 |
| which was
terminated by receipt of a refund, by payment to the | 12 |
| police pension fund of the
amount of the refund with interest | 13 |
| thereon at the actuarially assumed rate of 6% per year ,
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| compounded annually, from the date of refund to the date of | 15 |
| payment.
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| (Source: P.A. 94-356, eff. 7-29-05; 95-530, eff. 8-28-07.) | 17 |
| (40 ILCS 5/3-110.10)
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| Sec. 3-110.10
3-110.9 . Transfer from Article 7. Until | 19 |
| January 1, 2009 2008 , a person may transfer to a fund | 20 |
| established under this Article up to 8 years of creditable | 21 |
| service accumulated under Article 7 of this Code upon payment | 22 |
| to the fund of an amount to be determined by
the board, equal | 23 |
| to (i) the difference between the amount of
employee and | 24 |
| employer contributions transferred to the fund
under Section | 25 |
| 7-139.11 and the amounts that would have been contributed had |
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| such
contributions been made at the rates applicable to an | 2 |
| employee under this Article, plus (ii) interest thereon at the | 3 |
| actuarially assumed effective rate for
each year , compounded | 4 |
| annually, from the date of service to the
date of payment.
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| (Source: P.A. 95-530, eff. 8-28-07; revised 12-6-07.) | 6 |
| (40 ILCS 5/4-109.3)
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| Sec. 4-109.3. Employee creditable service. | 8 |
| (a) As used in this Section:
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| "Final monthly salary" means the monthly salary attached to | 10 |
| the rank held by
the firefighter at the time of his or her last | 11 |
| withdrawal from service under a
particular pension fund.
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| "Last pension fund" means the pension fund in which the | 13 |
| firefighter was
participating at the time of his or her last | 14 |
| withdrawal from service.
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| (b) The benefits provided under this Section are available | 16 |
| only to a
firefighter who:
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| (1) is a firefighter at the time of withdrawal from the | 18 |
| last
pension fund and for at least the final 3 years of | 19 |
| employment prior to that
withdrawal;
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| (2) has established service credit with at least one | 21 |
| pension fund
established under this Article other than the | 22 |
| last pension fund;
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| (3) has a total of at least 20 years of service under | 24 |
| the various
pension funds established under this Article | 25 |
| and has attained age 50; and
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| (4) is in service on or after the effective date of | 2 |
| this amendatory Act of
the 93rd General Assembly.
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| (c) A firefighter who is eligible for benefits under this | 4 |
| Section may elect
to receive a retirement pension from each | 5 |
| pension fund under this Article in
which the firefighter has at | 6 |
| least one year of service credit but has not received a refund | 7 |
| under Section 4-116 (unless the firefighter repays that refund | 8 |
| under subsection (g)) or subsection (c) of Section 4-118.1, by | 9 |
| applying in
writing and paying the contribution required under | 10 |
| subsection (i).
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| (d) From each such pension fund other than the last pension | 12 |
| fund, in lieu
of any retirement pension otherwise payable under | 13 |
| this Article, a firefighter
to whom this Section applies may | 14 |
| elect to receive a monthly pension of 1/12th
of 2.5% of his or | 15 |
| her final monthly salary under that fund for each month of
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| service in that fund, subject to a maximum of 75% of that final | 17 |
| monthly salary.
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| (e) From the last pension fund, in lieu of any retirement | 19 |
| pension otherwise
payable under this Article, a firefighter to | 20 |
| whom this Section applies may
elect to receive a monthly | 21 |
| pension calculated as follows:
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| The last pension fund shall calculate the retirement | 23 |
| pension that
would be payable to the firefighter under | 24 |
| subsection (a) of Section 4-109 as if he
or she had
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| participated in that last pension fund during his or her entire | 26 |
| period of
service under all pension funds established under |
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| this Article (excluding any period of service for which the | 2 |
| firefighter has received a refund under Section 4-116, unless | 3 |
| the firefighter repays that refund under subsection (g), or for | 4 |
| which the firefighter has received a refund under subsection | 5 |
| (c) of Section 4-118.1).
From this hypothetical pension there | 6 |
| shall be subtracted the original amounts
of the retirement | 7 |
| pensions payable to the firefighter by all other pension
funds | 8 |
| under subsection (d). The remainder is the retirement pension | 9 |
| payable
to the firefighter by the last pension fund under this | 10 |
| subsection (e).
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| (f) Pensions elected under this Section shall be subject to | 12 |
| increases as
provided in subsection (d) of Section 4-109.1.
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| (g) A current firefighter may reinstate creditable service | 14 |
| in a
pension fund established under this Article that was | 15 |
| terminated upon receipt of
a refund, by payment to that pension | 16 |
| fund of the amount of the refund together
with interest thereon | 17 |
| at the rate of 6% per year, compounded annually, from the
date | 18 |
| of the refund to the date of payment. A repayment of a refund | 19 |
| under this
Section may be made in equal installments over a | 20 |
| period of up to 10 years, but
must be paid in full prior to | 21 |
| retirement.
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| (h) As a condition of being eligible for the benefits | 23 |
| provided in this Section, a person who is hired to a position | 24 |
| as a firefighter on or after July 1, 2004 must, within 21 | 25 |
| months after being hired, notify
the new employer, all of his | 26 |
| or her previous employers under this Article, and
the Public |
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| Pension Division of the Division of Insurance of the Department | 2 |
| of Financial and Professional Regulation of his or her intent | 3 |
| to receive the benefits provided under this Section.
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| (i) In order to receive a pension under this Section or an | 5 |
| occupational disease disability pension for which he or she | 6 |
| becomes eligible due to the application of subsection (m) of | 7 |
| this Section, a firefighter must
pay to each pension fund from | 8 |
| which he or she has elected to receive a pension under this | 9 |
| Section a contribution equal to 1% of
monthly salary for each | 10 |
| month of service credit that the firefighter has in
that fund | 11 |
| (other than service credit for which the firefighter has | 12 |
| already
paid the additional contribution required under | 13 |
| subsection (c) of Section
4-118.1), together with interest | 14 |
| thereon at the rate of 6% per annum, compounded
annually, from | 15 |
| the firefighter's first day of employment with that fund or the | 16 |
| first day of the fiscal year of that fund that immediately | 17 |
| precedes the firefighter's first day of employment with that | 18 |
| fund, whichever is earlier. | 19 |
| In order for a firefighter who, as of the effective date of | 20 |
| this amendatory Act of the 93rd General Assembly, has not begun | 21 |
| to receive a pension under this Section or an occupational | 22 |
| disease disability pension under subsection (m) of this Section | 23 |
| and who has contributed 1/12th of 1% of monthly salary for each | 24 |
| month of service credit that the firefighter has in
that fund | 25 |
| (other than service credit for which the firefighter has | 26 |
| already
paid the additional contribution required under |
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| subsection (c) of Section
4-118.1), together with the required | 2 |
| interest thereon, to receive a pension under this Section or an | 3 |
| occupational disease disability pension for which he or she | 4 |
| becomes eligible due to the application of subsection (m) of | 5 |
| this Section, the firefighter must, within one year after the | 6 |
| effective date of this amendatory Act of the 93rd General | 7 |
| Assembly, make an additional contribution equal to 11/12ths of | 8 |
| 1% of
monthly salary for each month of service credit that the | 9 |
| firefighter has in
that fund (other than service credit for | 10 |
| which the firefighter has already
paid the additional | 11 |
| contribution required under subsection (c) of Section
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| 4-118.1), together with interest thereon at the rate of 6% per | 13 |
| annum, compounded
annually, from the firefighter's first day of | 14 |
| employment with that fund or the first day of the fiscal year | 15 |
| of that fund that immediately precedes the firefighter's first | 16 |
| day of employment with the fund, whichever is earlier. A | 17 |
| firefighter who, as of the effective date of this amendatory | 18 |
| Act of the 93rd General Assembly, has not begun to receive a | 19 |
| pension under this Section or an occupational disease | 20 |
| disability pension under subsection (m) of this Section and who | 21 |
| has contributed 1/12th of 1% of monthly salary for each month | 22 |
| of service credit that the firefighter has in
that fund (other | 23 |
| than service credit for which the firefighter has already
paid | 24 |
| the additional contribution required under subsection (c) of | 25 |
| Section
4-118.1), together with the required interest thereon, | 26 |
| in order to receive a pension under this Section or an |
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| occupational disease disability pension under subsection (m) | 2 |
| of this Section, may elect, within one year after the effective | 3 |
| date of this amendatory Act of the 93rd General Assembly to | 4 |
| forfeit the benefits provided under this Section and receive a | 5 |
| refund of that contribution.
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| (j) A retired firefighter who is receiving pension payments | 7 |
| under Section 4-109 may reenter active service under this | 8 |
| Article. Subject to the provisions of Section 4-117, the | 9 |
| firefighter may receive credit for service performed after the | 10 |
| reentry if the firefighter (1) applies to receive credit for | 11 |
| that service, (2) suspends his or her pensions under this | 12 |
| Section,
and (3) makes the contributions required under | 13 |
| subsection (i).
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| (k) A firefighter who is newly hired or promoted to a | 15 |
| position as a
firefighter shall not be denied participation in | 16 |
| a fund under this Article
based on his or her age. | 17 |
| (l) If a firefighter who elects to make contributions under | 18 |
| subsection (c) of Section 4-118.1 for the pension benefits | 19 |
| provided under this Section becomes entitled to a disability | 20 |
| pension under Section 4-110, the last pension fund is | 21 |
| responsible to pay that disability pension and the amount of | 22 |
| that disability pension shall be based only on the | 23 |
| firefighter's service with the last pension fund. | 24 |
| (m) Notwithstanding any provision in Section 4-110.1 to the | 25 |
| contrary, if a firefighter who elects to make contributions | 26 |
| under subsection (c) of Section 4-118.1 for the pension |
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| benefits provided under this Section becomes entitled to an | 2 |
| occupational disease disability pension under Section 4-110.1, | 3 |
| each pension fund to which the firefighter has made | 4 |
| contributions under subsection (c) of Section 4-118.1 must pay | 5 |
| a portion of that occupational disease disability pension equal | 6 |
| to the proportion that the firefighter's service credit with | 7 |
| that pension fund for which the contributions under subsection | 8 |
| (c) of Section 4-118.1 have been made bears to the | 9 |
| firefighter's total service credit with all of the pension | 10 |
| funds for which the contributions under subsection (c) of | 11 |
| Section 4-118.1 have been made. A firefighter who has made | 12 |
| contributions under subsection (c) of Section 4-118.1 for at | 13 |
| least 5 years of creditable service shall be deemed to have met | 14 |
| the 5-year creditable service requirement under Section | 15 |
| 4-110.1, regardless of whether the firefighter has 5 years of | 16 |
| creditable service with the last pension fund. | 17 |
| (n) If a firefighter who elects to make contributions under | 18 |
| subsection (c) of Section 4-118.1 for the pension benefits | 19 |
| provided under this Section becomes entitled to a disability | 20 |
| pension under Section 4-111, the last pension fund is | 21 |
| responsible to pay that disability pension, provided that the | 22 |
| firefighter has at least 7 years of creditable service with the | 23 |
| last pension fund.
In the event a firefighter began employment | 24 |
| with a new employer as a result of an intergovernmental | 25 |
| agreement that resulted in the elimination of the previous | 26 |
| employer's fire department, the firefighter shall not be |
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| required to have 7 years of creditable service with the last | 2 |
| pension fund to qualify for a disability pension under Section | 3 |
| 4-111. Under this circumstance, a firefighter shall be required | 4 |
| to have 7 years of total combined creditable service time to | 5 |
| qualify for a disability pension under Section 4-111. The | 6 |
| disability pension received pursuant to this Section shall be | 7 |
| paid by the previous employer and new employer in proportion to | 8 |
| the firefighter's years of service with each employer.
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| (Source: P.A. 93-689, eff. 7-1-04; 93-1090, eff. 3-11-05.)
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| (40 ILCS 5/5-168)
(from Ch. 108 1/2, par. 5-168)
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| Sec. 5-168. Financing.
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| (a) Except as expressly provided in this Section, the city | 13 |
| shall levy a
tax annually upon all taxable property therein for | 14 |
| the purpose of providing
revenue for the fund.
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| The tax shall be at a rate that will produce a sum which, | 16 |
| when added to the
amounts deducted from the policemen's | 17 |
| salaries and the amounts deposited in
accordance with | 18 |
| subsection (g), is sufficient for the purposes of the fund.
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| For the years 1968 and 1969, the city council shall levy a | 20 |
| tax
annually at a rate on the dollar of the assessed
valuation | 21 |
| of all taxable property that will produce, when extended, not
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| to exceed $9,700,000. Beginning with the year 1970 and each | 23 |
| year
thereafter the city council shall levy a tax annually at a | 24 |
| rate on the
dollar of the assessed valuation of all taxable | 25 |
| property that will
produce when extended an amount not to |
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| exceed the total amount of
contributions by the policemen to | 2 |
| the Fund made in the calendar year 2
years before the year for | 3 |
| which the applicable annual tax is levied,
multiplied by 1.40 | 4 |
| for the tax levy year 1970; by 1.50 for the year
1971; by 1.65 | 5 |
| for 1972; by 1.85 for 1973; by 1.90 for 1974; by 1.97 for
1975 | 6 |
| through 1981; by 2.00 for 1982 and for each year thereafter. | 7 |
| For the purposes of this subsection (a), contributions by the | 8 |
| policeman to the Fund shall not include payments made by a | 9 |
| policeman to establish credit under Section 5-214.2 of this | 10 |
| Code.
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| (b) The tax shall be levied and collected in like manner | 12 |
| with the
general taxes of the city, and is in addition to all | 13 |
| other taxes which the
city is now or may hereafter be | 14 |
| authorized to levy upon all taxable property
therein, and is | 15 |
| exclusive of and in addition to the amount of tax the city is
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| now or may hereafter be authorized to levy for general purposes | 17 |
| under any
law which may limit the amount of tax which the city | 18 |
| may levy for general
purposes. The county clerk of the county | 19 |
| in which the city is located, in
reducing tax levies under | 20 |
| Section 8-3-1 of the Illinois
Municipal Code, shall not | 21 |
| consider the tax herein authorized as a part
of the general tax | 22 |
| levy for city purposes, and shall not include the tax
in any | 23 |
| limitation of the percent of the assessed valuation upon which
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| taxes are required to be extended for the city.
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| (c) On or before January 10 of each year, the board shall | 26 |
| notify the
city council of the requirement that the tax herein |
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| authorized be levied by
the city council for that current year. | 2 |
| The board shall compute the
amounts necessary for the purposes | 3 |
| of this fund to be credited to the
reserves established and | 4 |
| maintained within the fund; shall make an
annual determination | 5 |
| of the amount of the required city contributions;
and shall | 6 |
| certify the results thereof to the city council.
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| As soon as any revenue derived from the tax is collected it | 8 |
| shall be
paid to the city treasurer of the city and shall be | 9 |
| held by him for the
benefit of the fund in accordance with this | 10 |
| Article.
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| (d) If the funds available are insufficient during any year | 12 |
| to meet the
requirements of this Article, the city may issue | 13 |
| tax anticipation warrants
against the tax levy for the current | 14 |
| fiscal year.
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| (e) The various sums, including interest, to be contributed | 16 |
| by the city,
shall be taken from the revenue derived from such | 17 |
| tax or otherwise as expressly
provided in this Section. Any | 18 |
| moneys of the city derived from any source other
than the tax | 19 |
| herein authorized shall not be used for any purpose of the fund
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| nor the cost of administration thereof, unless applied to make | 21 |
| the deposit
expressly authorized in this Section
or the | 22 |
| additional city contributions required under subsection (h).
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| (f) If it is not possible or practicable for the city to | 24 |
| make its
contributions at the time that salary deductions are | 25 |
| made, the city
shall make such contributions as soon as | 26 |
| possible thereafter, with
interest thereon to the time it is |
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| made.
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| (g) In lieu of levying all or a portion of the tax required | 3 |
| under this
Section in any year, the city may deposit with the | 4 |
| city treasurer no later than
March 1 of that year for the | 5 |
| benefit of the fund, to be held in accordance with
this | 6 |
| Article, an amount that, together with the taxes levied under | 7 |
| this Section
for that year, is not less than the amount of the | 8 |
| city contributions for that
year as certified by the board to | 9 |
| the city council. The deposit may be derived
from any source | 10 |
| legally available for that purpose, including, but not limited
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| to, the proceeds of city borrowings. The making of a deposit | 12 |
| shall satisfy
fully the requirements of this Section for that | 13 |
| year to the extent of the
amounts so deposited. Amounts | 14 |
| deposited under this subsection may be used by
the fund for any | 15 |
| of the purposes for which the proceeds of the tax levied under
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| this Section may be used, including the payment of any amount | 17 |
| that is otherwise
required by this Article to be paid from the | 18 |
| proceeds of that tax.
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| (h) In addition to the contributions required under the | 20 |
| other provisions
of this Article, by November 1 of the | 21 |
| following specified years, the city shall
deposit with the city | 22 |
| treasurer for the benefit of the fund, to be held and
used in | 23 |
| accordance with this Article, the following specified amounts:
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| $6,300,000 in 1999;
$5,880,000 in 2000;
$5,460,000 in 2001;
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| $5,040,000 in 2002; and
$4,620,000 in 2003.
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| The additional city contributions required under this |
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| subsection are
intended to decrease the unfunded liability of | 2 |
| the fund and shall not decrease
the amount of the city | 3 |
| contributions required under the other provisions of
this | 4 |
| Article. The additional city contributions made under this | 5 |
| subsection
may be used by the fund for any of its lawful | 6 |
| purposes.
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| (Source: P.A. 93-654, eff. 1-16-04.)
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| (40 ILCS 5/5-178) (from Ch. 108 1/2, par. 5-178)
| 9 |
| Sec. 5-178. Board created. A board of 8 members shall
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| constitute a board of trustees authorized to administer the | 11 |
| provisions of
this Article. The board shall be known as the | 12 |
| Retirement Board of the
Policemen's Annuity and Benefit Fund of | 13 |
| the city.
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| The board shall consist of 4 persons appointed by
the mayor | 15 |
| of the city; 3 policemen employed by the city, at least one of
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| whom shall be a lieutenant or of a rank superior to lieutenant, | 17 |
| one of whom
shall be of the rank of sergeant, and one of whom | 18 |
| shall be of the rank of
investigator or a rank inferior to that | 19 |
| rank; and one
annuitant of the fund, or a pensioner of any | 20 |
| prior police pension fund
in operation, by authority of law, in | 21 |
| the city. Children less than age
18 shall not be eligible for | 22 |
| board membership. The term of office for
all members shall be 3 | 23 |
| years. For the election to be held in 2008 only, the terms for | 24 |
| the member who is a lieutenant or of a rank superior to | 25 |
| lieutenant and the member who is a sergeant shall be 3 years |
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| and the terms for the member who is an investigator or a rank | 2 |
| inferior to that rank and the annuitant member shall be 4 | 3 |
| years. After the terms of the 2008 election are completed, the | 4 |
| terms revert to 3-year terms for each elected trustee. Upon his | 5 |
| election, the member holding the
rank of investigator or a rank | 6 |
| inferior to that rank shall be detailed by
the Police | 7 |
| Superintendent to the office of the board for the duration of
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| his term as trustee.
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| The members of a retirement board holding office in a city | 10 |
| at the
time this Article becomes effective, including elected, | 11 |
| appointed and
ex-officio members, shall continue in office | 12 |
| until the expiration of
their respective terms or appointment | 13 |
| and until their respective
successors are elected or appointed, | 14 |
| and qualified.
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| At least 30 days prior to the expiration of the term of | 16 |
| office of
each appointive member the mayor shall appoint a | 17 |
| successor for a term of
3 years.
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| The board shall conduct a regular election at least 30 days | 19 |
| prior to
the expiration of the terms of the active policemen | 20 |
| members and
annuitant or beneficiary members for election of a | 21 |
| successor of each
such member for a term of 3 years.
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| Any member of the board so appointed or elected shall | 23 |
| continue in
office until his successor is selected and has | 24 |
| qualified.
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| Any person so appointed or elected shall qualify by taking | 26 |
| an oath of
office. A copy thereof shall be kept in the office |
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| of the city clerk of
the city.
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| (Source: P.A. 86-273.)
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| (40 ILCS 5/5-214.2 new) | 4 |
| Sec. 5-214.2. Credit for certain law enforcement service. | 5 |
| An active policeman who is a member of this Fund on or before | 6 |
| the effective date of this Section may establish up to 10 years | 7 |
| of additional service credit in 6-month increments for service | 8 |
| in a law enforcement capacity under Articles 3, 7, 9, 10, 13, | 9 |
| 14, and 15 and Division 1 of Article 22 or as a law enforcement | 10 |
| officer with the Chicago Housing Authority, provided that: (1) | 11 |
| service credit is not available for that employment under any | 12 |
| other provision of this Article; (2) any service credit for | 13 |
| that employment received under any other provision of this Code | 14 |
| or under the retirement plan of the Chicago Housing Authority | 15 |
| has been terminated; and (3) the policeman applies for this | 16 |
| credit in writing within one year after the effective date of | 17 |
| this Section and pays to the Fund within 5 years after the date | 18 |
| of application an amount to be determined by the Fund in | 19 |
| accordance with this Section. | 20 |
| An active policeman who becomes a member of this Fund after | 21 |
| the effective date of this Section may establish up to 10 years | 22 |
| of additional service credit in 6-month increments for service | 23 |
| in a law enforcement capacity under Articles 3, 7, 9, 10, 13, | 24 |
| 14, and 15 and Division 1 of Article 22 or as a law enforcement | 25 |
| officer with the Chicago Housing Authority, provided that: (1) |
|
|
|
SB2520 Enrolled |
- 17 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| service credit is not available for that employment under any | 2 |
| other provision of this Article; (2) any service credit for | 3 |
| that employment received under any other provision of this Code | 4 |
| or under the retirement plan of the Chicago Housing Authority | 5 |
| has been terminated; and (3) the policeman applies for this | 6 |
| credit in writing within 2 years after he or she begins | 7 |
| employment under this Article and pays to the Fund within 5 | 8 |
| years after the date of application an amount to be determined | 9 |
| by the Fund in accordance with this Section. | 10 |
| The Fund must determine the policeman's payment required to | 11 |
| establish creditable service under this Section by taking into | 12 |
| account the appropriate actuarial assumptions, including | 13 |
| without limitation the police officer's service, age, and | 14 |
| salary history; the level of funding of the Fund; and any other | 15 |
| factors that the Fund determines to be relevant. For this | 16 |
| purpose, the policeman's required payment should result in no | 17 |
| significant increase to the Fund's unfunded actuarial accrued | 18 |
| liability determined as of the most recent actuarial valuation, | 19 |
| based on the same assumptions and methods used to develop and | 20 |
| report the Fund's actuarial accrued liability and actuarial | 21 |
| value of assets under Statement No. 25 of Governmental | 22 |
| Accounting Standards Board or any subsequent applicable | 23 |
| Statement.
| 24 |
| (40 ILCS 5/6-151.2 new) | 25 |
| Sec. 6-151.2. Disability benefits; terminally ill. |
|
|
|
SB2520 Enrolled |
- 18 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| Notwithstanding any other provision of Sections 6-151, | 2 |
| 6-151.1, and 6-154, an active fireman who is certified to be | 3 |
| terminally ill by a Board-appointed physician may, upon such | 4 |
| certification, make application with the Board for a | 5 |
| determination that the participant is eligible to receive a | 6 |
| disability benefit, even though, at the time, the participant | 7 |
| has the right to receive salary. However, an active fireman may | 8 |
| not receive any such disability benefit payments at the same | 9 |
| time the participant receives salary. | 10 |
| (40 ILCS 5/7-139.11)
| 11 |
| Sec. 7-139.11. Transfer to Article 3 pension fund. | 12 |
| (a) Until January 1, 2009 2008 , a person who has become an | 13 |
| active
participant in a police pension fund established under | 14 |
| Article 3 of this Code may transfer who has less than 8 years | 15 |
| of creditable service under this Article and who has become an | 16 |
| active
participant in a police pension fund established under | 17 |
| Article 3 of this Code
may apply for transfer to that Article 3 | 18 |
| fund of his or her creditable service
accumulated under this | 19 |
| Article . At the
time of the transfer the Fund shall pay to the | 20 |
| police pension fund an amount
equal to: | 21 |
| (1) the amounts accumulated to the credit of the | 22 |
| applicant under this Article, including interest; and
| 23 |
| (2) the municipality credits based on that service, | 24 |
| including interest;
and
| 25 |
| (3) any interest paid by the applicant in order to |
|
|
|
SB2520 Enrolled |
- 19 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| reinstate that service.
| 2 |
| Participation in this Fund with respect to the transferred | 3 |
| credits shall
terminate on the date of transfer.
| 4 |
| (b) An active member of a pension fund established under | 5 |
| Article 3
of this Code may reinstate creditable service
under | 6 |
| this Article that was terminated by receipt of a refund, by | 7 |
| paying to the
Fund the amount of the refund plus interest | 8 |
| thereon at the actuarially assumed rate of 6% per year ,
| 9 |
| compounded annually, from the date of refund to the date of | 10 |
| payment.
| 11 |
| (Source: P.A. 94-356, eff. 7-29-05; 95-530, eff. 8-28-07.) | 12 |
| (40 ILCS 5/7-139.13)
| 13 |
| Sec. 7-139.13
7-139.12 . Transfer from Article 3. | 14 |
| Notwithstanding subdivision (a)10 of Section 7-139, from the | 15 |
| effective date of this amendatory Act of the 95th General | 16 |
| Assembly until Until January 1, 2009 2008 , a person may | 17 |
| transfer to the Illinois Municipal Retirement System Systems up | 18 |
| to 8 years of creditable service accumulated under Article 3 of | 19 |
| this Code . To establish creditable service under this Section, | 20 |
| a person may elect to do either of the following: | 21 |
| (A) Pay upon payment to the Fund of an amount to be | 22 |
| determined by
the board, equal to (i) the difference | 23 |
| between the amount of
employee and employer contributions | 24 |
| transferred to the Fund
under Section 3-110.8 and the | 25 |
| amounts that would have been contributed had such
|
|
|
|
SB2520 Enrolled |
- 20 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| contributions been made at the rates applicable to an | 2 |
| employee under this Article, plus (ii) interest thereon at | 3 |
| the actuarially assumed effective rate for
each year , | 4 |
| compounded annually, from the date of service to the
date | 5 |
| of payment . | 6 |
| (B) Have the amount of his or her creditable service | 7 |
| established under this Section reduced by an amount | 8 |
| corresponding to the amount by which (i) the employer and | 9 |
| employee contributions that would have been required if he | 10 |
| had participated in this Fund during the period for which | 11 |
| credit is being transferred, plus interest thereon at the | 12 |
| actuarially assumed rate, compounded annually, from the | 13 |
| date of termination of the service for which credit is | 14 |
| being transferred to the date of payment, exceeds (ii) the | 15 |
| amount actually transferred to the Fund .
| 16 |
| (Source: P.A. 95-530, eff. 8-28-07; revised 12-6-07.)
| 17 |
| (40 ILCS 5/8-163) (from Ch. 108 1/2, par. 8-163)
| 18 |
| Sec. 8-163. When disability benefit not payable. | 19 |
| (a) If an employee
receiving duty or ordinary disability | 20 |
| benefit refuses to submit to
examination by a physician | 21 |
| appointed by the board, or fails or refuses to
consent to and | 22 |
| sign an authorization allowing the board to receive copies
of | 23 |
| or examine the employee's medical and hospital records, or | 24 |
| fails or
refuses to provide complete information regarding any | 25 |
| other employment for
compensation he has received since he has |
|
|
|
SB2520 Enrolled |
- 21 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| become disabled, he shall have no
further right to receive the | 2 |
| benefit.
| 3 |
| (b) Disability benefit shall not be paid for any time for | 4 |
| which the
employee receives any part of his salary or is | 5 |
| employed by any public
body supported in whole or in part by | 6 |
| taxation.
| 7 |
| (c) Before any action is taken by the Board on an | 8 |
| application for a duty disability benefit or a widow's | 9 |
| compensation or supplemental benefit, the employee or widow | 10 |
| shall file a claim with the employer to establish that the | 11 |
| disability or death occurred while the employee was acting | 12 |
| within the scope of and in the course of his or her duties. | 13 |
| Any amounts provided to the employee or surviving spouse as | 14 |
| temporary total disability payments, permanent total | 15 |
| disability payments, a lump sum settlement award, or other | 16 |
| payment under the Workers' Compensation Act or the Workers' | 17 |
| Occupational Diseases Act shall be applied as an offset to the | 18 |
| disability benefit paid by the Fund, whether duty or ordinary, | 19 |
| or any widow compensation or supplemental benefit payable under | 20 |
| this Article until a period of time has elapsed when the | 21 |
| benefit payable equals the amount of such compensation, | 22 |
| payment, or award. The duty disability benefit shall be offset | 23 |
| at the rate of the amount of temporary total disability | 24 |
| payments or permanent disability payments made under the | 25 |
| Workers' Compensation Act or the Workers' Occupational | 26 |
| Diseases Act. |
|
|
|
SB2520 Enrolled |
- 22 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| If such amounts are not readily determinable or if an | 2 |
| employee has not received temporary total disability payments | 3 |
| or permanent weekly or monthly payments for the entire period | 4 |
| of disability up to the time of the compensation, payment, or | 5 |
| award under the Workers' Compensation Act or the Workers' | 6 |
| Occupational Diseases Act, the disability benefit paid by the | 7 |
| Fund shall be offset by 66 2/3% of the employee's salary on the | 8 |
| date of disablement. The offset shall not be greater than the | 9 |
| amount of disability benefits due from the Fund. The offset | 10 |
| shall be applied until a period of time has elapsed when the | 11 |
| benefit payable equals the amount of such compensation, | 12 |
| payment, or award. This offset shall not apply to the initial | 13 |
| days of disability when workers' compensation would not | 14 |
| ordinarily be payable. | 15 |
| The amount of compensation or supplemental annuity payable | 16 |
| to a widow shall be offset by any compensation, payment, or | 17 |
| award until a period of time has elapsed when the benefit | 18 |
| payable equals the amount of such compensation, payment, or | 19 |
| award. | 20 |
| Any employee or former employee whose disability benefits | 21 |
| were offset, or who was notified by the Fund that his or her | 22 |
| disability benefits will be offset, by a rate higher than the | 23 |
| temporary total disability payments or permanent disability | 24 |
| payments, or if these were not determinable, by 66 2/3% of | 25 |
| salary at the date of disablement, may apply to the Fund for a | 26 |
| refund of the excess offset, without interest, or an adjustment |
|
|
|
SB2520 Enrolled |
- 23 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| to his or her account. This application must be made within 6 | 2 |
| months after the effective date of this amendatory Act of the | 3 |
| 95th General Assembly. | 4 |
| If an employee who has been disabled has received ordinary | 5 |
| disability from the Fund and also receives any compensation or | 6 |
| payment for specific loss, disability, or death under the | 7 |
| Workers' Compensation Act or the Workers' Occupational | 8 |
| Diseases Act, then the ordinary disability benefit must be | 9 |
| repaid to the Fund before any other benefit under this Article | 10 |
| may be granted or paid. If no other benefit is applied for, | 11 |
| then the ordinary disability is offset according to the | 12 |
| provisions of this Section. | 13 |
| The employee and the employer shall provide the Fund, on a | 14 |
| timely basis, with the entry of the settlement contract lump | 15 |
| sum petition and order settlement of any such lawsuit, | 16 |
| including all details of the settlement. | 17 |
| If an employee who shall be disabled or his widow receives | 18 |
| any
compensation or payment from the city for specific loss, | 19 |
| disability or
death under the Workers' Compensation Act, or
| 20 |
| Workers' Occupational
Diseases Act, the disability benefit or | 21 |
| compensation or supplemental
annuity payable as a result of | 22 |
| such specific loss, disability or death
shall be reduced by any | 23 |
| amount so received if such amount is less than
the benefit or | 24 |
| annuity or, subject to adjustment when final
determination of | 25 |
| the amount received can be made, the amount estimated
to be | 26 |
| received under the provisions of the Workers' Compensation Act |
|
|
|
SB2520 Enrolled |
- 24 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| or
Workers' Occupational Diseases Act. If the amount received | 2 |
| as
compensation payment or award under the aforesaid Acts | 3 |
| exceeds the
disability benefit or compensation or supplemental | 4 |
| annuity payable as a
result of such specific loss, disability | 5 |
| or death, no payment of
disability benefit or compensation or | 6 |
| supplemental annuity shall be made
until a period of time has | 7 |
| elapsed when the benefit or compensation or
supplemental | 8 |
| annuity payable at the rate herein stated equals the amount
of | 9 |
| such compensation, payment or award. In calculating any such | 10 |
| period
of time, interest upon the amounts involved shall not be | 11 |
| considered.
| 12 |
| (d) An employee who enters service after December 31, 1987, | 13 |
| or an
employee who makes application for a disability benefit | 14 |
| or applies for a
disability benefit for a recurrence of a | 15 |
| previous disability, and who,
while in receipt of an ordinary | 16 |
| or duty disability benefit, assumes any
employment for | 17 |
| compensation, shall not be entitled to receive any amount of
| 18 |
| such disability benefit which, when added to his compensation | 19 |
| for such
employment during disability, plus any amount payable | 20 |
| under the provisions
of the Workers' Compensation Act or | 21 |
| Workers' Occupational Diseases Act,
would exceed the rate of | 22 |
| salary on which his disability benefit is based.
| 23 |
| (Source: P.A. 85-964.)
| 24 |
| (40 ILCS 5/9-156) (from Ch. 108 1/2, par. 9-156)
| 25 |
| Sec. 9-156. Duty disability benefit - Child's disability |
|
|
|
SB2520 Enrolled |
- 25 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| benefit. An employee who becomes disabled after the effective | 2 |
| date while under age
65 and prior to January 1, 1979, or while | 3 |
| under age 70 after January 1,
1979 and prior to January 1, | 4 |
| 1987, as the result of injury incurred -
on or after the date | 5 |
| he has been
included under this Article - in the performance of | 6 |
| an act or acts of duty
shall have a right to receive duty | 7 |
| disability benefit, during any period of
such disability for | 8 |
| which he receives no salary. Any employee who
becomes disabled | 9 |
| after January 1, 1987, as the result of injury
incurred on or | 10 |
| after the date he has been included under the Article and in
| 11 |
| the performance of an act or acts of duty, shall have a right | 12 |
| to receive a
duty disability benefit during any period of such | 13 |
| disability for which he
receives no salary. The benefit shall | 14 |
| be 75%
of salary at date of injury; provided, that if | 15 |
| disability, in any measure,
has resulted from any physical | 16 |
| defect or disease which existed at the time
such injury was | 17 |
| sustained , the duty disability benefit shall be 50% of
salary | 18 |
| at date of such injury.
| 19 |
| The employee shall also have a right to receive child's | 20 |
| disability
benefit of $10 a month on account of each child less | 21 |
| than age 18. Child's
disability benefits shall not exceed 15% | 22 |
| of the salary as aforesaid.
| 23 |
| These benefits shall not be allowed unless application | 24 |
| therefor is made while the disability exists; except that this | 25 |
| limitation does not apply if the board finds that there was | 26 |
| reasonable cause for delay in filing the application while the |
|
|
|
SB2520 Enrolled |
- 26 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| disability existed. This amendatory Act of the 95th General | 2 |
| Assembly is intended to be a restatement and clarification of | 3 |
| existing law and does not imply that application for a duty | 4 |
| disability benefit made after the disability had ceased, | 5 |
| without a finding of reasonable cause, was previously allowed | 6 |
| under this Article. | 7 |
| The first payment of duty disability or child's disability | 8 |
| benefit shall
be made not later than one month after such | 9 |
| benefit is granted and each
subsequent payment shall be made | 10 |
| not later than one month after the last
preceding payment.
| 11 |
| Duty disability benefit is payable during disability until | 12 |
| the employee
attains age 65 if the disability commences prior | 13 |
| to January 1, 1979. If
the disability commences on or after | 14 |
| January 1, 1979, the benefit prescribed
herein shall be payable | 15 |
| during disability until the employee attains age 65
for | 16 |
| disability commencing prior to age 60, or for a period of 5 | 17 |
| years or
until attainment of age 70, whichever occurs first, | 18 |
| for disability
commencing at age 60 or older and on or after | 19 |
| January 1, 1979 but prior
to January 1, 1987. If the disability | 20 |
| commences on or after January 1,
1987, the benefit prescribed | 21 |
| herein shall be payable during disability for
a period of 5 | 22 |
| years for disability commencing at age 60 or older. In
either | 23 |
| case, child's disability benefit shall be paid to the
employee | 24 |
| parent of any unmarried child less than age 18, during such | 25 |
| time
until the child marries or attains age 18. The employee | 26 |
| shall thereafter
receive such annuity as is otherwise provided |
|
|
|
SB2520 Enrolled |
- 27 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| under this Article.
| 2 |
| Any employee whose duty disability benefit was terminated | 3 |
| on or after
January 1, 1987 by reason of his attainment of age | 4 |
| 70, and who continues to
be disabled after age 70, may elect | 5 |
| before March 31, 1988, to have such
benefits resumed beginning | 6 |
| at the time of such termination and continuing
until | 7 |
| termination is required under this Section as amended by this
| 8 |
| amendatory Act of 1987. The amount payable to any employee for | 9 |
| such
resumed benefit for any period shall be reduced by the | 10 |
| amount of any
retirement annuity paid to such employee under | 11 |
| this Article for the same
period of time or by any refund paid | 12 |
| in lieu of annuity.
| 13 |
| (Source: P.A. 85-964.)
| 14 |
| (40 ILCS 5/9-158) (from Ch. 108 1/2, par. 9-158)
| 15 |
| Sec. 9-158. Proof of disability, duty and ordinary.
| 16 |
| Proof of duty or ordinary disability shall be furnished to | 17 |
| the board by
at least one licensed and practicing physician | 18 |
| appointed by the board. With respect to duty disability, | 19 |
| satisfactory proof must be provided to the board that the final | 20 |
| adjudication of the claim required under subsection (d) of | 21 |
| Section 9-159 established that the disability or death resulted | 22 |
| from an injury incurred in the performance of an act or acts of | 23 |
| duty. The
board may require other evidence of disability. Each | 24 |
| disabled employee who
receives duty or ordinary disability | 25 |
| benefit shall be examined at least
once a year by one or more |
|
|
|
SB2520 Enrolled |
- 28 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| licensed and practicing physicians appointed by
the board. When | 2 |
| the disability ceases, the board shall discontinue payment
of | 3 |
| the benefit and the employee shall be returned to active | 4 |
| service.
| 5 |
| (Source: Laws 1963, p. 161.)
| 6 |
| (40 ILCS 5/9-159) (from Ch. 108 1/2, par. 9-159)
| 7 |
| Sec. 9-159. When disability benefit not payable. | 8 |
| (a) If an employee receiving duty disability or ordinary | 9 |
| disability
benefit refuses to submit to examination by a | 10 |
| physician appointed by the
board, he shall have no further | 11 |
| right to receive the benefit.
| 12 |
| (b) Disability benefit shall not be paid for any time for | 13 |
| which the
employee receives any part of his salary, or while | 14 |
| employed by any
public body supported in whole or in part by | 15 |
| taxation.
| 16 |
| (c) If an employee who shall be disabled, or his widow or | 17 |
| children
receive any compensation or payment from the county | 18 |
| for specific loss,
disability or death under the Workers' | 19 |
| Compensation Act or Workers'
Occupational Diseases Act, the | 20 |
| disability benefit or any annuity for him
or his widow or | 21 |
| children payable as the result of such specific loss,
| 22 |
| disability or death shall be reduced by any amount so received | 23 |
| or
recoverable. If the amount received as such compensation or | 24 |
| payment
exceeds such disability benefit or other annuity | 25 |
| payable as the result
of such specific loss, disability or |
|
|
|
SB2520 Enrolled |
- 29 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| death, no payment of disability
benefit or other annuity shall | 2 |
| be made until the accumulative amounts
thereof equals the | 3 |
| amount of such compensation or payment. In such
calculation no | 4 |
| interest shall be considered. In adjusting the amount of
any | 5 |
| annuity in relation to compensation received or recoverable | 6 |
| during
any period of time, the annuity to the widow shall be | 7 |
| first reduced.
| 8 |
| If any employee, or widow shall be denied compensation by | 9 |
| such county
under the aforesaid Acts, or if such county shall | 10 |
| fail to act, such
denial or failure to act shall not be | 11 |
| considered final until the claim
has been adjudicated by the | 12 |
| Illinois Workers' Compensation Commission.
| 13 |
| (d) Before any action may be taken by the board on an | 14 |
| application for duty disability benefit or widow's | 15 |
| compensation or supplemental benefit, other than rejection of | 16 |
| any such application that is otherwise incomplete or untimely, | 17 |
| the related applicant must file a timely claim under the | 18 |
| Workers' Compensation Act or the Workers' Occupational | 19 |
| Diseases Act, as applicable, to establish that the disability | 20 |
| or death resulted from an injury incurred in the performance of | 21 |
| an act or acts of duty, and the applicant must receive | 22 |
| compensation or payment from the claim or the claim must | 23 |
| otherwise be finally adjudicated. | 24 |
| (Source: P.A. 93-721, eff. 1-1-05.)
| 25 |
| (40 ILCS 5/10-103) (from Ch. 108 1/2, par. 10-103)
|
|
|
|
SB2520 Enrolled |
- 30 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| Sec. 10-103. Members, contributions and benefits. The | 2 |
| board shall cause the same deductions to be made
from salaries
| 3 |
| and , subject to Section 10-109, allow the same annuities, | 4 |
| refunds and benefits for employees of the
district as are made | 5 |
| and allowed for employees of the county.
| 6 |
| (Source: P.A. 81-1536.)
| 7 |
| (40 ILCS 5/10-109 new) | 8 |
| Sec. 10-109. Felony conviction. None of the benefits | 9 |
| provided in this Article shall be paid to any
person who is | 10 |
| convicted of any felony relating to or arising out of or in
| 11 |
| connection with his service as an employee. | 12 |
| This Section shall not operate to impair any contract or | 13 |
| vested right
heretofore acquired under any law or laws | 14 |
| continued in this Article, nor to
preclude the right to a | 15 |
| refund. | 16 |
| All future entrants entering service after the effective | 17 |
| date of this amendatory Act of the 95th General Assembly shall | 18 |
| be
deemed to have consented to the provisions of this Section | 19 |
| as a condition
of coverage.
| 20 |
| (40 ILCS 5/11-158) (from Ch. 108 1/2, par. 11-158)
| 21 |
| Sec. 11-158. When disability benefit not payable. | 22 |
| (a) If an
employee receiving duty or ordinary disability | 23 |
| benefit refuses to submit
to examination by a physician | 24 |
| appointed by the board, or fails or refuses
to consent to and |
|
|
|
SB2520 Enrolled |
- 31 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| sign an authorization allowing the board to receive
copies of | 2 |
| or examine the employee's medical and hospital records, or | 3 |
| fails
or refuses to provide complete information regarding any | 4 |
| other employment
for compensation he has received since he has | 5 |
| become disabled, he shall have no
further right to receive the | 6 |
| benefit.
| 7 |
| (b) Disability benefit shall not be paid for any time for | 8 |
| which the
employee receives any part of his salary or while | 9 |
| employed by any public
body supported in whole or in part by | 10 |
| taxation.
| 11 |
| (c) Before any action is taken by the Board on an | 12 |
| application for a duty disability benefit or a widow's | 13 |
| compensation or supplemental benefit, the employee or widow | 14 |
| shall file a claim with the employer to establish that the | 15 |
| disability or death occurred while the employee was acting | 16 |
| within the scope of and in the course of his or her duties. | 17 |
| Any amounts provided to the employee or surviving spouse as | 18 |
| temporary total disability payments, permanent total | 19 |
| disability payments, a lump sum settlement award, or other | 20 |
| payment under the Workers' Compensation Act or the Workers' | 21 |
| Occupational Diseases Act shall be applied as an offset to the | 22 |
| disability benefit paid by the Fund, whether duty or ordinary, | 23 |
| or any widow compensation or supplemental benefit payable under | 24 |
| this Article until a period of time has elapsed when the | 25 |
| benefit payable equals the amount of such compensation, | 26 |
| payment, or award. The duty disability benefit shall be offset |
|
|
|
SB2520 Enrolled |
- 32 - |
LRB095 17536 AMC 43610 b |
|
| 1 |
| at the rate of the amount of temporary total disability | 2 |
| payments or permanent disability payments made under the | 3 |
| Workers' Compensation Act or the Workers' Occupational | 4 |
| Diseases Act. | 5 |
| If such amounts are not readily determinable or if an | 6 |
| employee has not received temporary total disability payments | 7 |
| or permanent weekly or monthly payments for the entire period | 8 |
| of disability up to the time of the compensation, payment, or | 9 |
| award under the Workers' Compensation Act or the Workers' | 10 |
| Occupational Diseases Act, the disability benefit paid by the | 11 |
| Fund shall be offset by 66 2/3% of the employee's salary on the | 12 |
| date of disablement. The offset shall not be greater than the | 13 |
| amount of disability benefits due from the Fund. The offset | 14 |
| shall be applied until a period of time has elapsed when the | 15 |
| benefit payable equals the amount of such compensation, | 16 |
| payment, or award. This offset shall not apply to the initial | 17 |
| days of disability when workers' compensation would not | 18 |
| ordinarily be payable. | 19 |
| The amount of compensation or supplemental annuity payable | 20 |
| to a widow shall be offset by any compensation, payment, or | 21 |
| award until a period of time has elapsed when the benefit | 22 |
| payable equals the amount of such compensation, payment, or | 23 |
| award. | 24 |
| If an employee who has been disabled has received ordinary | 25 |
| disability from the Fund and also receives any compensation or | 26 |
| payment for specific loss, disability, or death under the |
|
|
|
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|
| 1 |
| Workers' Compensation Act or the Workers' Occupational | 2 |
| Diseases Act, then the ordinary disability benefit must be | 3 |
| repaid to the Fund before any other benefit under this Article | 4 |
| may be granted or paid. If no other benefit is applied for, | 5 |
| then the ordinary disability is offset according to the | 6 |
| provisions of this Section. | 7 |
| The employee and the employer shall provide the Fund, on a | 8 |
| timely basis, with the entry of the settlement contract lump | 9 |
| sum petition and order settlement of any such lawsuit, | 10 |
| including all details of the settlement. | 11 |
| If an employee who shall be disabled or his widow receives | 12 |
| any
compensation or payment from the city for specific loss, | 13 |
| disability or
death under the Workers' Compensation Act, or
| 14 |
| Workers' Occupational
Diseases Act, and the disability or | 15 |
| injury or loss which forms the basis
for any compensation, | 16 |
| award, pension or payment for a specific loss is
also a | 17 |
| condition which renders such employee incapable of performing | 18 |
| his
duties in the service, the disability benefit shall be | 19 |
| reduced by any
amount so received if such amount is less than | 20 |
| the benefit or, subject
to adjustment when final determination | 21 |
| of the amount received can be
made, the amount estimated to be | 22 |
| received under the provisions of the
Workers' Compensation Act | 23 |
| or Workers' Occupational Diseases Act. If
the amount received | 24 |
| as compensation, payment or award under the
aforesaid Acts | 25 |
| exceeds the disability benefit, no payment of benefit
shall be | 26 |
| made until a period of time has elapsed when the benefit
|
|
|
|
SB2520 Enrolled |
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LRB095 17536 AMC 43610 b |
|
| 1 |
| payable at the rate herein stated equals the amount of such
| 2 |
| compensation, payment or award. In calculating any such period | 3 |
| of time,
interest upon the amounts involved shall not be | 4 |
| considered.
| 5 |
| (d) An employee who enters service after December 31, 1987, | 6 |
| or an
employee who makes application for a disability benefit | 7 |
| or applies for a
disability benefit for a recurrence of a | 8 |
| previous disability, and who,
while in receipt of an ordinary | 9 |
| or duty disability benefit, assumes any
employment for | 10 |
| compensation, shall not be entitled to receive any amount of
| 11 |
| such disability benefit which, when added to his compensation | 12 |
| for such
employment during disability, plus any amount payable | 13 |
| under the provisions
of the Workers' Compensation Act or | 14 |
| Workers' Occupational Diseases Act,
would exceed the rate of | 15 |
| salary on which his disability benefit is based.
| 16 |
| (Source: P.A. 85-964.)
| 17 |
| (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 18 |
| Sec. 14-110. Alternative retirement annuity.
| 19 |
| (a) Any member who has withdrawn from service with not less | 20 |
| than 20
years of eligible creditable service and has attained | 21 |
| age 55, and any
member who has withdrawn from service with not | 22 |
| less than 25 years of
eligible creditable service and has | 23 |
| attained age 50, regardless of whether
the attainment of either | 24 |
| of the specified ages occurs while the member is
still in | 25 |
| service, shall be entitled to receive at the option of the |
|
|
|
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LRB095 17536 AMC 43610 b |
|
| 1 |
| member,
in lieu of the regular or minimum retirement annuity, a | 2 |
| retirement annuity
computed as follows:
| 3 |
| (i) for periods of service as a noncovered employee:
if | 4 |
| retirement occurs on or after January 1, 2001, 3% of final
| 5 |
| average compensation for each year of creditable service; | 6 |
| if retirement occurs
before January 1, 2001, 2 1/4% of | 7 |
| final average compensation for each of the
first 10 years | 8 |
| of creditable service, 2 1/2% for each year above 10 years | 9 |
| to
and including 20 years of creditable service, and 2 3/4% | 10 |
| for each year of
creditable service above 20 years; and
| 11 |
| (ii) for periods of eligible creditable service as a | 12 |
| covered employee:
if retirement occurs on or after January | 13 |
| 1, 2001, 2.5% of final average
compensation for each year | 14 |
| of creditable service; if retirement occurs before
January | 15 |
| 1, 2001, 1.67% of final average compensation for each of | 16 |
| the first
10 years of such service, 1.90% for each of the | 17 |
| next 10 years of such service,
2.10% for each year of such | 18 |
| service in excess of 20 but not exceeding 30, and
2.30% for | 19 |
| each year in excess of 30.
| 20 |
| Such annuity shall be subject to a maximum of 75% of final | 21 |
| average
compensation if retirement occurs before January 1, | 22 |
| 2001 or to a maximum
of 80% of final average compensation if | 23 |
| retirement occurs on or after January
1, 2001.
| 24 |
| These rates shall not be applicable to any service | 25 |
| performed
by a member as a covered employee which is not | 26 |
| eligible creditable service.
Service as a covered employee |
|
|
|
SB2520 Enrolled |
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LRB095 17536 AMC 43610 b |
|
| 1 |
| which is not eligible creditable service
shall be subject to | 2 |
| the rates and provisions of Section 14-108.
| 3 |
| (b) For the purpose of this Section, "eligible creditable | 4 |
| service" means
creditable service resulting from service in one | 5 |
| or more of the following
positions:
| 6 |
| (1) State policeman;
| 7 |
| (2) fire fighter in the fire protection service of a | 8 |
| department;
| 9 |
| (3) air pilot;
| 10 |
| (4) special agent;
| 11 |
| (5) investigator for the Secretary of State;
| 12 |
| (6) conservation police officer;
| 13 |
| (7) investigator for the Department of Revenue;
| 14 |
| (8) security employee of the Department of Human | 15 |
| Services;
| 16 |
| (9) Central Management Services security police | 17 |
| officer;
| 18 |
| (10) security employee of the Department of | 19 |
| Corrections or the Department of Juvenile Justice;
| 20 |
| (11) dangerous drugs investigator;
| 21 |
| (12) investigator for the Department of State Police;
| 22 |
| (13) investigator for the Office of the Attorney | 23 |
| General;
| 24 |
| (14) controlled substance inspector;
| 25 |
| (15) investigator for the Office of the State's | 26 |
| Attorneys Appellate
Prosecutor;
|
|
|
|
SB2520 Enrolled |
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LRB095 17536 AMC 43610 b |
|
| 1 |
| (16) Commerce Commission police officer;
| 2 |
| (17) arson investigator;
| 3 |
| (18) State highway maintenance worker.
| 4 |
| A person employed in one of the positions specified in this | 5 |
| subsection is
entitled to eligible creditable service for | 6 |
| service credit earned under this
Article while undergoing the | 7 |
| basic police training course approved by the
Illinois Law | 8 |
| Enforcement Training
Standards Board, if
completion of that | 9 |
| training is required of persons serving in that position.
For | 10 |
| the purposes of this Code, service during the required basic | 11 |
| police
training course shall be deemed performance of the | 12 |
| duties of the specified
position, even though the person is not | 13 |
| a sworn peace officer at the time of
the training.
| 14 |
| (c) For the purposes of this Section:
| 15 |
| (1) The term "state policeman" includes any title or | 16 |
| position
in the Department of State Police that is held by | 17 |
| an individual employed
under the State Police Act.
| 18 |
| (2) The term "fire fighter in the fire protection | 19 |
| service of a
department" includes all officers in such fire | 20 |
| protection service
including fire chiefs and assistant | 21 |
| fire chiefs.
| 22 |
| (3) The term "air pilot" includes any employee whose | 23 |
| official job
description on file in the Department of | 24 |
| Central Management Services, or
in the department by which | 25 |
| he is employed if that department is not covered
by the | 26 |
| Personnel Code, states that his principal duty is the |
|
|
|
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LRB095 17536 AMC 43610 b |
|
| 1 |
| operation of
aircraft, and who possesses a pilot's license; | 2 |
| however, the change in this
definition made by this | 3 |
| amendatory Act of 1983 shall not operate to exclude
any | 4 |
| noncovered employee who was an "air pilot" for the purposes | 5 |
| of this
Section on January 1, 1984.
| 6 |
| (4) The term "special agent" means any person who by | 7 |
| reason of
employment by the Division of Narcotic Control, | 8 |
| the Bureau of Investigation
or, after July 1, 1977, the | 9 |
| Division of Criminal Investigation, the
Division of | 10 |
| Internal Investigation, the Division of Operations, or any
| 11 |
| other Division or organizational
entity in the Department | 12 |
| of State Police is vested by law with duties to
maintain | 13 |
| public order, investigate violations of the criminal law of | 14 |
| this
State, enforce the laws of this State, make arrests | 15 |
| and recover property.
The term "special agent" includes any | 16 |
| title or position in the Department
of State Police that is | 17 |
| held by an individual employed under the State
Police Act.
| 18 |
| (5) The term "investigator for the Secretary of State" | 19 |
| means any person
employed by the Office of the Secretary of | 20 |
| State and vested with such
investigative duties as render | 21 |
| him ineligible for coverage under the Social
Security Act | 22 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 23 |
| 218(l)(1)
of that Act.
| 24 |
| A person who became employed as an investigator for the | 25 |
| Secretary of
State between January 1, 1967 and December 31, | 26 |
| 1975, and who has served as
such until attainment of age |
|
|
|
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LRB095 17536 AMC 43610 b |
|
| 1 |
| 60, either continuously or with a single break
in service | 2 |
| of not more than 3 years duration, which break terminated | 3 |
| before
January 1, 1976, shall be entitled to have his | 4 |
| retirement annuity
calculated in accordance with | 5 |
| subsection (a), notwithstanding
that he has less than 20 | 6 |
| years of credit for such service.
| 7 |
| (6) The term "Conservation Police Officer" means any | 8 |
| person employed
by the Division of Law Enforcement of the | 9 |
| Department of Natural Resources and
vested with such law | 10 |
| enforcement duties as render him ineligible for coverage
| 11 |
| under the Social Security Act by reason of Sections | 12 |
| 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 13 |
| term "Conservation Police Officer" includes
the positions | 14 |
| of Chief Conservation Police Administrator and Assistant
| 15 |
| Conservation Police Administrator.
| 16 |
| (7) The term "investigator for the Department of | 17 |
| Revenue" means any
person employed by the Department of | 18 |
| Revenue and vested with such
investigative duties as render | 19 |
| him ineligible for coverage under the Social
Security Act | 20 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 21 |
| 218(l)(1)
of that Act.
| 22 |
| (8) The term "security employee of the Department of | 23 |
| Human Services"
means any person employed by the Department | 24 |
| of Human Services who (i) is
employed at the Chester Mental | 25 |
| Health Center and has daily contact with the
residents | 26 |
| thereof, (ii) is employed within a security unit at a |
|
|
|
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LRB095 17536 AMC 43610 b |
|
| 1 |
| facility
operated by the Department and has daily contact | 2 |
| with the residents of the
security unit, (iii) is employed | 3 |
| at a facility operated by the Department
that includes a | 4 |
| security unit and is regularly scheduled to work at least
| 5 |
| 50% of his or her working hours within that security unit, | 6 |
| or (iv) is a mental health police officer.
"Mental health | 7 |
| police officer" means any person employed by the Department | 8 |
| of
Human Services in a position pertaining to the | 9 |
| Department's mental health and
developmental disabilities | 10 |
| functions who is vested with such law enforcement
duties as | 11 |
| render the person ineligible for coverage under the Social | 12 |
| Security
Act by reason of Sections 218(d)(5)(A), | 13 |
| 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 14 |
| means that portion of a facility that is devoted to
the | 15 |
| care, containment, and treatment of persons committed to | 16 |
| the Department of
Human Services as sexually violent | 17 |
| persons, persons unfit to stand trial, or
persons not | 18 |
| guilty by reason of insanity. With respect to past | 19 |
| employment,
references to the Department of Human Services | 20 |
| include its predecessor, the
Department of Mental Health | 21 |
| and Developmental Disabilities.
| 22 |
| The changes made to this subdivision (c)(8) by Public | 23 |
| Act 92-14 apply to persons who retire on or after January | 24 |
| 1,
2001, notwithstanding Section 1-103.1.
| 25 |
| (9) "Central Management Services security police | 26 |
| officer" means any
person employed by the Department of |
|
|
|
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LRB095 17536 AMC 43610 b |
|
| 1 |
| Central Management Services who is
vested with such law | 2 |
| enforcement duties as render him ineligible for
coverage | 3 |
| under the Social Security Act by reason of Sections | 4 |
| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 5 |
| (10) For a member who first became an employee under | 6 |
| this Article before July 1, 2005, the term "security | 7 |
| employee of the Department of Corrections or the Department | 8 |
| of Juvenile Justice"
means any employee of the Department | 9 |
| of Corrections or the Department of Juvenile Justice or the | 10 |
| former
Department of Personnel, and any member or employee | 11 |
| of the Prisoner
Review Board, who has daily contact with | 12 |
| inmates or youth by working within a
correctional facility | 13 |
| or Juvenile facility operated by the Department of Juvenile | 14 |
| Justice or who is a parole officer or an employee who has
| 15 |
| direct contact with committed persons in the performance of | 16 |
| his or her
job duties. For a member who first becomes an | 17 |
| employee under this Article on or after July 1, 2005, the | 18 |
| term means an employee of the Department of Corrections or | 19 |
| the Department of Juvenile Justice who is any of the | 20 |
| following: (i) officially headquartered at a correctional | 21 |
| facility or Juvenile facility operated by the Department of | 22 |
| Juvenile Justice, (ii) a parole officer, (iii) a member of | 23 |
| the apprehension unit, (iv) a member of the intelligence | 24 |
| unit, (v) a member of the sort team, or (vi) an | 25 |
| investigator.
| 26 |
| (11) The term "dangerous drugs investigator" means any |
|
|
|
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LRB095 17536 AMC 43610 b |
|
| 1 |
| person who is
employed as such by the Department of Human | 2 |
| Services.
| 3 |
| (12) The term "investigator for the Department of State | 4 |
| Police" means
a person employed by the Department of State | 5 |
| Police who is vested under
Section 4 of the Narcotic | 6 |
| Control Division Abolition Act with such
law enforcement | 7 |
| powers as render him ineligible for coverage under the
| 8 |
| Social Security Act by reason of Sections 218(d)(5)(A), | 9 |
| 218(d)(8)(D) and
218(l)(1) of that Act.
| 10 |
| (13) "Investigator for the Office of the Attorney | 11 |
| General" means any
person who is employed as such by the | 12 |
| Office of the Attorney General and
is vested with such | 13 |
| investigative duties as render him ineligible for
coverage | 14 |
| under the Social Security Act by reason of Sections | 15 |
| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 16 |
| the period before January 1,
1989, the term includes all | 17 |
| persons who were employed as investigators by the
Office of | 18 |
| the Attorney General, without regard to social security | 19 |
| status.
| 20 |
| (14) "Controlled substance inspector" means any person | 21 |
| who is employed
as such by the Department of Professional | 22 |
| Regulation and is vested with such
law enforcement duties | 23 |
| as render him ineligible for coverage under the Social
| 24 |
| Security Act by reason of Sections 218(d)(5)(A), | 25 |
| 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 26 |
| "controlled substance inspector" includes the Program
|
|
|
|
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LRB095 17536 AMC 43610 b |
|
| 1 |
| Executive of Enforcement and the Assistant Program | 2 |
| Executive of Enforcement.
| 3 |
| (15) The term "investigator for the Office of the | 4 |
| State's Attorneys
Appellate Prosecutor" means a person | 5 |
| employed in that capacity on a full
time basis under the | 6 |
| authority of Section 7.06 of the State's Attorneys
| 7 |
| Appellate Prosecutor's Act.
| 8 |
| (16) "Commerce Commission police officer" means any | 9 |
| person employed
by the Illinois Commerce Commission who is | 10 |
| vested with such law
enforcement duties as render him | 11 |
| ineligible for coverage under the Social
Security Act by | 12 |
| reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 13 |
| 218(l)(1) of that Act.
| 14 |
| (17) "Arson investigator" means any person who is | 15 |
| employed as such by
the Office of the State Fire Marshal | 16 |
| and is vested with such law enforcement
duties as render | 17 |
| the person ineligible for coverage under the Social | 18 |
| Security
Act by reason of Sections 218(d)(5)(A), | 19 |
| 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 20 |
| employed as an arson
investigator on January 1, 1995 and is | 21 |
| no longer in service but not yet
receiving a retirement | 22 |
| annuity may convert his or her creditable service for
| 23 |
| employment as an arson investigator into eligible | 24 |
| creditable service by paying
to the System the difference | 25 |
| between the employee contributions actually paid
for that | 26 |
| service and the amounts that would have been contributed if |
|
|
|
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LRB095 17536 AMC 43610 b |
|
| 1 |
| the
applicant were contributing at the rate applicable to | 2 |
| persons with the same
social security status earning | 3 |
| eligible creditable service on the date of
application.
| 4 |
| (18) The term "State highway maintenance worker" means | 5 |
| a person who is
either of the following:
| 6 |
| (i) A person employed on a full-time basis by the | 7 |
| Illinois
Department of Transportation in the position | 8 |
| of
highway maintainer,
highway maintenance lead | 9 |
| worker,
highway maintenance lead/lead worker,
heavy | 10 |
| construction equipment operator,
power shovel | 11 |
| operator, or
bridge mechanic; and
whose principal | 12 |
| responsibility is to perform, on the roadway, the | 13 |
| actual
maintenance necessary to keep the highways that | 14 |
| form a part of the State
highway system in serviceable | 15 |
| condition for vehicular traffic.
| 16 |
| (ii) A person employed on a full-time basis by the | 17 |
| Illinois
State Toll Highway Authority in the position | 18 |
| of
equipment operator/laborer H-4,
equipment | 19 |
| operator/laborer H-6,
welder H-4,
welder H-6,
| 20 |
| mechanical/electrical H-4,
mechanical/electrical H-6,
| 21 |
| water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 22 |
| H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 23 |
| roadway lighting H-6,
structural H-4,
structural H-6,
| 24 |
| painter H-4, or
painter H-6; and
whose principal | 25 |
| responsibility is to perform, on the roadway, the | 26 |
| actual
maintenance necessary to keep the Authority's |
|
|
|
SB2520 Enrolled |
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LRB095 17536 AMC 43610 b |
|
| 1 |
| tollways in serviceable condition
for vehicular | 2 |
| traffic.
| 3 |
| (d) A security employee of the Department of Corrections or | 4 |
| the Department of Juvenile Justice, and a security
employee of | 5 |
| the Department of Human Services who is not a mental health | 6 |
| police
officer, shall not be eligible for the alternative | 7 |
| retirement annuity provided
by this Section unless he or she | 8 |
| meets the following minimum age and service
requirements at the | 9 |
| time of retirement:
| 10 |
| (i) 25 years of eligible creditable service and age 55; | 11 |
| or
| 12 |
| (ii) beginning January 1, 1987, 25 years of eligible | 13 |
| creditable service
and age 54, or 24 years of eligible | 14 |
| creditable service and age 55; or
| 15 |
| (iii) beginning January 1, 1988, 25 years of eligible | 16 |
| creditable service
and age 53, or 23 years of eligible | 17 |
| creditable service and age 55; or
| 18 |
| (iv) beginning January 1, 1989, 25 years of eligible | 19 |
| creditable service
and age 52, or 22 years of eligible | 20 |
| creditable service and age 55; or
| 21 |
| (v) beginning January 1, 1990, 25 years of eligible | 22 |
| creditable service
and age 51, or 21 years of eligible | 23 |
| creditable service and age 55; or
| 24 |
| (vi) beginning January 1, 1991, 25 years of eligible | 25 |
| creditable service
and age 50, or 20 years of eligible | 26 |
| creditable service and age 55.
|
|
|
|
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LRB095 17536 AMC 43610 b |
|
| 1 |
| Persons who have service credit under Article 16 of this | 2 |
| Code for service
as a security employee of the Department of | 3 |
| Corrections or the Department of Juvenile Justice, or the | 4 |
| Department
of Human Services in a position requiring | 5 |
| certification as a teacher may
count such service toward | 6 |
| establishing their eligibility under the service
requirements | 7 |
| of this Section; but such service may be used only for
| 8 |
| establishing such eligibility, and not for the purpose of | 9 |
| increasing or
calculating any benefit.
| 10 |
| (e) If a member enters military service while working in a | 11 |
| position in
which eligible creditable service may be earned, | 12 |
| and returns to State
service in the same or another such | 13 |
| position, and fulfills in all other
respects the conditions | 14 |
| prescribed in this Article for credit for military
service, | 15 |
| such military service shall be credited as eligible creditable
| 16 |
| service for the purposes of the retirement annuity prescribed | 17 |
| in this Section.
| 18 |
| (f) For purposes of calculating retirement annuities under | 19 |
| this
Section, periods of service rendered after December 31, | 20 |
| 1968 and before
October 1, 1975 as a covered employee in the | 21 |
| position of special agent,
conservation police officer, mental | 22 |
| health police officer, or investigator
for the Secretary of | 23 |
| State, shall be deemed to have been service as a
noncovered | 24 |
| employee, provided that the employee pays to the System prior | 25 |
| to
retirement an amount equal to (1) the difference between the | 26 |
| employee
contributions that would have been required for such |
|
|
|
SB2520 Enrolled |
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LRB095 17536 AMC 43610 b |
|
| 1 |
| service as a
noncovered employee, and the amount of employee | 2 |
| contributions actually
paid, plus (2) if payment is made after | 3 |
| July 31, 1987, regular interest
on the amount specified in item | 4 |
| (1) from the date of service to the date
of payment.
| 5 |
| For purposes of calculating retirement annuities under | 6 |
| this Section,
periods of service rendered after December 31, | 7 |
| 1968 and before January 1,
1982 as a covered employee in the | 8 |
| position of investigator for the
Department of Revenue shall be | 9 |
| deemed to have been service as a noncovered
employee, provided | 10 |
| that the employee pays to the System prior to retirement
an | 11 |
| amount equal to (1) the difference between the employee | 12 |
| contributions
that would have been required for such service as | 13 |
| a noncovered employee,
and the amount of employee contributions | 14 |
| actually paid, plus (2) if payment
is made after January 1, | 15 |
| 1990, regular interest on the amount specified in
item (1) from | 16 |
| the date of service to the date of payment.
| 17 |
| (g) A State policeman may elect, not later than January 1, | 18 |
| 1990, to
establish eligible creditable service for up to 10 | 19 |
| years of his service as
a policeman under Article 3, by filing | 20 |
| a written election with the Board,
accompanied by payment of an | 21 |
| amount to be determined by the Board, equal to
(i) the | 22 |
| difference between the amount of employee and employer
| 23 |
| contributions transferred to the System under Section 3-110.5, | 24 |
| and the
amounts that would have been contributed had such | 25 |
| contributions been made
at the rates applicable to State | 26 |
| policemen, plus (ii) interest thereon at
the effective rate for |
|
|
|
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|
| 1 |
| each year, compounded annually, from the date of
service to the | 2 |
| date of payment.
| 3 |
| Subject to the limitation in subsection (i), a State | 4 |
| policeman may elect,
not later than July 1, 1993, to establish | 5 |
| eligible creditable service for
up to 10 years of his service | 6 |
| as a member of the County Police Department
under Article 9, by | 7 |
| filing a written election with the Board, accompanied
by | 8 |
| payment of an amount to be determined by the Board, equal to | 9 |
| (i) the
difference between the amount of employee and employer | 10 |
| contributions
transferred to the System under Section 9-121.10 | 11 |
| and the amounts that would
have been contributed had those | 12 |
| contributions been made at the rates
applicable to State | 13 |
| policemen, plus (ii) interest thereon at the effective
rate for | 14 |
| each year, compounded annually, from the date of service to the
| 15 |
| date of payment.
| 16 |
| (h) Subject to the limitation in subsection (i), a State | 17 |
| policeman or
investigator for the Secretary of State may elect | 18 |
| to establish eligible
creditable service for up to 12 years of | 19 |
| his service as a policeman under
Article 5, by filing a written | 20 |
| election with the Board on or before January
31, 1992, and | 21 |
| paying to the System by January 31, 1994 an amount to be
| 22 |
| determined by the Board, equal to (i) the difference between | 23 |
| the amount of
employee and employer contributions transferred | 24 |
| to the System under Section
5-236, and the amounts that would | 25 |
| have been contributed had such
contributions been made at the | 26 |
| rates applicable to State policemen, plus
(ii) interest thereon |
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| at the effective rate for each year, compounded
annually, from | 2 |
| the date of service to the date of payment.
| 3 |
| Subject to the limitation in subsection (i), a State | 4 |
| policeman,
conservation police officer, or investigator for | 5 |
| the Secretary of State may
elect to establish eligible | 6 |
| creditable service for up to 10 years of
service as a sheriff's | 7 |
| law enforcement employee under Article 7, by filing
a written | 8 |
| election with the Board on or before January 31, 1993, and | 9 |
| paying
to the System by January 31, 1994 an amount to be | 10 |
| determined by the Board,
equal to (i) the difference between | 11 |
| the amount of employee and
employer contributions transferred | 12 |
| to the System under Section
7-139.7, and the amounts that would | 13 |
| have been contributed had such
contributions been made at the | 14 |
| rates applicable to State policemen, plus
(ii) interest thereon | 15 |
| at the effective rate for each year, compounded
annually, from | 16 |
| the date of service to the date of payment.
| 17 |
| Subject to the limitation in subsection (i), a State | 18 |
| policeman,
conservation police officer, or investigator for | 19 |
| the Secretary of State may
elect to establish eligible | 20 |
| creditable service for up to 5 years of
service as a police | 21 |
| officer under Article 3, a policeman under Article 5, a | 22 |
| sheriff's law enforcement employee under Article 7, a member of | 23 |
| the county police department under Article 9, or a police | 24 |
| officer under Article 15 by filing
a written election with the | 25 |
| Board and paying
to the System an amount to be determined by | 26 |
| the Board,
equal to (i) the difference between the amount of |
|
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| employee and
employer contributions transferred to the System | 2 |
| under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 3 |
| and the amounts that would have been contributed had such
| 4 |
| contributions been made at the rates applicable to State | 5 |
| policemen, plus
(ii) interest thereon at the effective rate for | 6 |
| each year, compounded
annually, from the date of service to the | 7 |
| date of payment. | 8 |
| (i) The total amount of eligible creditable service | 9 |
| established by any
person under subsections (g), (h), (j), (k), | 10 |
| and (l) of this
Section shall not exceed 12 years.
| 11 |
| (j) Subject to the limitation in subsection (i), an | 12 |
| investigator for
the Office of the State's Attorneys Appellate | 13 |
| Prosecutor or a controlled
substance inspector may elect to
| 14 |
| establish eligible creditable service for up to 10 years of his | 15 |
| service as
a policeman under Article 3 or a sheriff's law | 16 |
| enforcement employee under
Article 7, by filing a written | 17 |
| election with the Board, accompanied by
payment of an amount to | 18 |
| be determined by the Board, equal to (1) the
difference between | 19 |
| the amount of employee and employer contributions
transferred | 20 |
| to the System under Section 3-110.6 or 7-139.8, and the amounts
| 21 |
| that would have been contributed had such contributions been | 22 |
| made at the
rates applicable to State policemen, plus (2) | 23 |
| interest thereon at the
effective rate for each year, | 24 |
| compounded annually, from the date of service
to the date of | 25 |
| payment.
| 26 |
| (k) Subject to the limitation in subsection (i) of this |
|
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| Section, an
alternative formula employee may elect to establish | 2 |
| eligible creditable
service for periods spent as a full-time | 3 |
| law enforcement officer or full-time
corrections officer | 4 |
| employed by the federal government or by a state or local
| 5 |
| government located outside of Illinois, for which credit is not | 6 |
| held in any
other public employee pension fund or retirement | 7 |
| system. To obtain this
credit, the applicant must file a | 8 |
| written application with the Board by March
31, 1998, | 9 |
| accompanied by evidence of eligibility acceptable to the Board | 10 |
| and
payment of an amount to be determined by the Board, equal | 11 |
| to (1) employee
contributions for the credit being established, | 12 |
| based upon the applicant's
salary on the first day as an | 13 |
| alternative formula employee after the employment
for which | 14 |
| credit is being established and the rates then applicable to
| 15 |
| alternative formula employees, plus (2) an amount determined by | 16 |
| the Board
to be the employer's normal cost of the benefits | 17 |
| accrued for the credit being
established, plus (3) regular | 18 |
| interest on the amounts in items (1) and (2) from
the first day | 19 |
| as an alternative formula employee after the employment for | 20 |
| which
credit is being established to the date of payment.
| 21 |
| (l) Subject to the limitation in subsection (i), a security | 22 |
| employee of
the Department of Corrections may elect, not later | 23 |
| than July 1, 1998, to
establish eligible creditable service for | 24 |
| up to 10 years of his or her service
as a policeman under | 25 |
| Article 3, by filing a written election with the Board,
| 26 |
| accompanied by payment of an amount to be determined by the |
|
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| Board, equal to
(i) the difference between the amount of | 2 |
| employee and employer contributions
transferred to the System | 3 |
| under Section 3-110.5, and the amounts that would
have been | 4 |
| contributed had such contributions been made at the rates | 5 |
| applicable
to security employees of the Department of | 6 |
| Corrections, plus (ii) interest
thereon at the effective rate | 7 |
| for each year, compounded annually, from the date
of service to | 8 |
| the date of payment.
| 9 |
| (m) The amendatory changes to this Section made by this | 10 |
| amendatory Act of the 94th General Assembly apply only to: (1) | 11 |
| security employees of the Department of Juvenile Justice | 12 |
| employed by the Department of Corrections before the effective | 13 |
| date of this amendatory Act of the 94th General Assembly and | 14 |
| transferred to the Department of Juvenile Justice by this | 15 |
| amendatory Act of the 94th General Assembly; and (2) persons | 16 |
| employed by the Department of Juvenile Justice on or after the | 17 |
| effective date of this amendatory Act of the 94th General | 18 |
| Assembly who are required by subsection (b) of Section 3-2.5-15 | 19 |
| of the Unified Code of Corrections to have a bachelor's or | 20 |
| advanced degree from an accredited college or university with a | 21 |
| specialization in criminal justice, education, psychology, | 22 |
| social work, or a closely related social science or, in the | 23 |
| case of persons who provide vocational training, who are | 24 |
| required to have adequate knowledge in the skill for which they | 25 |
| are providing the vocational training.
| 26 |
| (n) A person employed in a position under subsection (b) of |
|
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| this Section who has purchased service credit under subsection | 2 |
| (j) of Section 14-104 or subsection (b) of Section 14-105 in | 3 |
| any other capacity under this Article may convert up to 5 years | 4 |
| of that service credit into service credit covered under this | 5 |
| Section by paying to the Fund an amount equal to (1) the | 6 |
| additional employee contribution required under Section | 7 |
| 14-133, plus (2) the additional employer contribution required | 8 |
| under Section 14-131, plus (3) interest on items (1) and (2) at | 9 |
| the actuarially assumed rate from the date of the service to | 10 |
| the date of payment. | 11 |
| (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530, | 12 |
| eff. 8-28-07.)
| 13 |
| Section 90. The State Mandates Act is amended by adding | 14 |
| Section 8.32 as follows: | 15 |
| (30 ILCS 805/8.32 new) | 16 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | 17 |
| of this Act, no reimbursement by the State is required for the | 18 |
| implementation of any mandate created by this amendatory Act of | 19 |
| the 95th General Assembly.
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
|
|