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90_HB0949 40 ILCS 5/7-141 from Ch. 108 1/2, par. 7-141 30 ILCS 805/8.21 new Amends the Illinois Municipal Retirement Fund (IMRF) Article of the Pension Code to allow a sheriff's law enforcement employee with at least 25 years of service to retire at any age. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB9004015EGfg LRB9004015EGfg 1 AN ACT to amend the Illinois Pension Code by changing 2 Section 7-141 and to amend the State Mandates Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Pension Code is amended by 6 changing Section 7-141 as follows: 7 (40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141) 8 Sec. 7-141. Retirement annuities - Conditions. 9 Retirement annuities shall be payable as hereinafter set 10 forth: 11 (a) A participating employee who, regardless of cause, 12 is separated from the service of all participating 13 municipalities and instrumentalities thereof and 14 participating instrumentalities shall be entitled to a 15 retirement annuity provided: 16 1. He is at least age 55, or in the case of a 17 person who is eligible to have his annuity calculated 18 under Section 7-142.1, he is at least age 50 or has at 19 least 25 years of creditable service as a sheriff's law 20 enforcement employee; 21 2. He is (i) an employee who was employed by any 22 participating municipality or participating 23 instrumentality which had not elected to exclude persons 24 employed in positions normally requiring performance of 25 duty for less than 1000 hours per year or was employed in 26 a position normally requiring performance of duty for 600 27 hours or more per year prior to such election by any 28 participating municipality or participating 29 instrumentality included in and subject to this Article 30 on or before the effective date of this amendatory Act of 31 1981 which made such election and is not entitled to -2- LRB9004015EGfg 1 receive earnings for employment in a position normally 2 requiring performance of duty for 600 hours or more per 3 year for any participating municipality and 4 instrumentalities thereof and participating 5 instrumentality; or (ii) an employee who was employed 6 only by a participating municipality or participating 7 instrumentality, or participating municipalities or 8 participating instrumentalities, which have elected to 9 exclude persons in positions normally requiring 10 performance of duty for less than 1000 hours per year 11 after the effective date of such exclusion or which are 12 included under and subject to the Article after the 13 effective date of this amendatory Act of 1981 and elects 14 to exclude persons in such positions, and is not entitled 15 to receive earnings for employment in a position normally 16 requiring performance of duty for 1000 hours or more per 17 year by such a participating municipality or 18 participating instrumentality; 19 3. The amount of his annuity, before the 20 application of paragraph (b) of Section 7-142 is at least 21 $10 per month; 22 4. If he first became a participating employee 23 after December 31, 1961, he has at least 8 years of 24 service. 25 (b) Retirement annuities shall be payable: 26 1. As provided in Section 7-119; 27 2. Except as provided in item 3, upon receipt by 28 the fund of a written application by the board. The 29 effective date may be not more than one year prior to the 30 date of the receipt by the fund of the application; 31 3. Upon attainment of age 70 1/2 if (i) the member 32 has not submitted an application for the annuity, (ii) 33 the member has at least 8 years of service credit and is 34 no longer in service, (iii) the pension amount is at -3- LRB9004015EGfg 1 least $30 per month, and (iv) the Fund is able to locate 2 the member; 3 4. To the beneficiary of the deceased annuitant for 4 the unpaid amount accrued to date of death, if any. 5 (Source: P.A. 87-740.) 6 Section 90. The State Mandates Act is amended by adding 7 Section 8.21 as follows: 8 (30 ILCS 805/8.21 new) 9 Sec. 8.21. Exempt mandate. Notwithstanding Sections 6 10 and 8 of this Act, no reimbursement by the State is required 11 for the implementation of any mandate created by this 12 amendatory Act of 1997. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.