Full Text of HB3342 103rd General Assembly
HB3342eng 103RD GENERAL ASSEMBLY |
| | HB3342 Engrossed | | LRB103 30982 RPS 57577 b |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 5-214 as follows:
| 6 | | (40 ILCS 5/5-214) (from Ch. 108 1/2, par. 5-214)
| 7 | | Sec. 5-214. Credit for other service. Any participant in | 8 | | this fund (other
than a member of the fire department of the | 9 | | city) who has rendered service
as a member of the police | 10 | | department of the city for a period of 3 years
or more is | 11 | | entitled to credit for the various purposes of this Article | 12 | | for
service rendered prior to becoming a member or subsequent | 13 | | thereto for the
following periods:
| 14 | | (a) While on leave of absence from the police | 15 | | department assigned or
detailed to investigative, | 16 | | protective, security or police work for the park
district | 17 | | of the city, the department of the Port of Chicago or the | 18 | | sanitary
district in which the city is located.
| 19 | | (b) As a temporary police officer in the city or while | 20 | | serving in the
office of the mayor or in the office of the | 21 | | corporation counsel, as a
member of the city council of | 22 | | the city, as an employee of the Policemen's
Annuity and | 23 | | Benefit Fund created by this Article, as the head
of an |
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| 1 | | organization whose membership consists of members of the | 2 | | police
department, the Public Vehicle License Commission | 3 | | and the board of election
commissioners of the city, | 4 | | provided that, in each of these cases and for all periods | 5 | | specified in this item (b), including those beginning | 6 | | before the effective date of this amendatory Act of the | 7 | | 97th General Assembly, the police officer is on leave and | 8 | | continues to remain in sworn status, subject to the | 9 | | professional standards of the public employer or those | 10 | | terms established in statute.
| 11 | | (c) While on leave of absence from the police | 12 | | department of the city and assigned or detailed to perform | 13 | | in a sworn law enforcement capacity for : (1) safety or | 14 | | investigative work as an employee for the County of Cook, | 15 | | the State of Illinois, or the federal government; or (2) | 16 | | investigative work for the department while employed as a | 17 | | civilian
employee of the police department of the city . | 18 | | Notwithstanding any other provision of law, the board may | 19 | | reconsider an application for credit for service for any | 20 | | active policeman assigned or detailed to perform safety or | 21 | | investigative work as an employee for the County of Cook, | 22 | | if such application was submitted after January 1, 1992 | 23 | | and before April 1, 2008 and was denied and the | 24 | | application for reconsideration is made by December 21, | 25 | | 2022.
| 26 | | The changes made to this item (c) by this amendatory |
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| 1 | | Act of the 103rd General Assembly requiring an applicant | 2 | | to have been performing in a sworn law enforcement | 3 | | capacity are operative beginning January 1, 2024. | 4 | | The changes made to this item (c) by this amendatory | 5 | | Act of the 102nd General Assembly requiring an applicant | 6 | | to have been on a leave of absence from the police | 7 | | department of the city in order to obtain the requested | 8 | | service credit while assigned or detailed to perform | 9 | | safety or investigative work as an employee for the County | 10 | | of Cook or assigned or detailed to perform investigative | 11 | | work for the department while employed as a civilian | 12 | | employee of the police department of the city are | 13 | | operative beginning January 1, 2023 and until January 1, | 14 | | 2024 . | 15 | | In this item (c), "investigative work" requires a | 16 | | systematic inquiry into the obtainment and examination of | 17 | | facts and evidence and does not include the simple | 18 | | gathering of information.
| 19 | | (d) While on leave of absence from the police | 20 | | department of the city
and serving as the chief of police | 21 | | of a police department outside the city.
| 22 | | No credit shall be granted in this fund, however, for this | 23 | | service if (1) the
policeman has credit therefor in any other | 24 | | annuity and benefit fund or (2) the policeman has not, within 5 | 25 | | years after the date his application has been approved, but | 26 | | prior to his date of retirement, contributed
to this fund the |
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| 1 | | amount he would have contributed
with interest had he remained | 2 | | an active member of the police department
in the position he | 3 | | occupied as a result of a civil service competitive
| 4 | | examination, certification and appointment by the Civil | 5 | | Service Board; or
in the case of a city operating under the | 6 | | provisions of a personnel ordinance
the position he occupied | 7 | | as a result of a personnel ordinance competitive
examination | 8 | | certification and appointment under the authority of a | 9 | | Municipal
Personnel ordinance.
| 10 | | Concurrently with such contributions, the city shall | 11 | | contribute the amounts
provided by this Article. No credit | 12 | | shall be allowed for any period of
time for which | 13 | | contributions by the policeman have not been paid. It is the | 14 | | sole responsibility of the policeman to ensure that all sums | 15 | | contributed by the policeman have been received by the fund | 16 | | for the service credit for which the policeman has applied. | 17 | | The period
of service rendered by such policeman prior to the | 18 | | date he became a member
of the police department of the city or | 19 | | while detailed, assigned or on leave
of absence and employed | 20 | | in any of the departments set forth hereinabove
in this | 21 | | Section for which such policeman has contributed to this fund | 22 | | shall
be credited to him as service for all the purposes of | 23 | | this Article, except
that he shall not have any of the rights | 24 | | conferred by the provisions of
Sections 5-127 and 5-162 of | 25 | | this Article.
| 26 | | The changes in this Section made by Public Act 86-273 |
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| 1 | | shall apply to members
of the fund who have not begun receiving | 2 | | a pension under this Article on August
23, 1989, without | 3 | | regard to whether employment is terminated before that date.
| 4 | | (Source: P.A. 102-125, eff. 7-23-21.)
| 5 | | Section 90. The State Mandates Act is amended by adding | 6 | | Section 8.47 as follows: | 7 | | (30 ILCS 805/8.47 new) | 8 | | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | 9 | | 8 of this Act, no reimbursement by the State is required for | 10 | | the implementation of any mandate created by this amendatory | 11 | | Act of the 103rd General Assembly.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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