State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]



91_HB0208

 
                                               LRB9100908EGfg

 1        AN  ACT  to  amend  the  Illinois  Pension Code by adding
 2    Sections  3-110.8,  7-139.10,  and  11-125.9   and   changing
 3    Sections  5-234,  9-121.10,  and  12-127.5,  and to amend the
 4    State Mandates Act.

 5        Be it enacted by the People of  the  State  of  Illinois,
 6    represented in the General Assembly:

 7        Section  5.   The  Illinois  Pension  Code  is amended by
 8    adding Sections 3-110.8, 7-139.10, and 11-125.9 and  changing
 9    Sections 5-234, 9-121.10, and 12-127.5 as follows:

10        (40 ILCS 5/3-110.8 new)
11        Sec. 3-110.8. Transfer to Article 5 Fund.
12        (a)  Until  January  1,  2001,  any  active member of the
13    Article 5 pension fund may apply for transfer of his  or  her
14    creditable  service  accumulated  in  any police pension fund
15    under this Article to that Article 5  fund.   The  creditable
16    service  shall  be  transferred  upon  payment  by the police
17    pension fund to the Article 5 fund of an amount equal to:
18             (1)  the amounts accumulated to the  credit  of  the
19        applicant  on  the  books  of  the  fund  on  the date of
20        transfer; and
21             (2)  employer contributions in an  amount  equal  to
22        the amount determined under item (1); and
23             (3)  any  interest paid by the applicant in order to
24        reinstate service.
25    Participation in this Fund shall terminate  on  the  date  of
26    transfer.
27        (b)  Until  January  1,  2001,  any  active member of the
28    Article 5 pension fund may reinstate service  in  any  police
29    pension  fund  under  this  Article  that  was  terminated by
30    receipt of a refund, by payment to the police pension fund of
31    the amount of the refund, together with interest  thereon  at
 
                            -2-                LRB9100908EGfg
 1    the  rate  of 6% per year, compounded annually, from the date
 2    of the refund to the date of repayment.

 3        (40 ILCS 5/5-234) (from Ch. 108 1/2, par. 5-234)
 4        Sec. 5-234.  Transfer of credits.
 5        (a)  Any police officer who has  at  least  10  years  of
 6    creditable  service  in  the  Fund  may transfer to this Fund
 7    credits and creditable service accumulated  under  any  other
 8    pension fund or retirement system established under Article 8
 9    or  12  of this Code, by making application and paying to the
10    Fund before January 1, 1990 the amount by which the  employee
11    contributions  that  would  have  been  required  if  he  had
12    participated  in this Fund during the period for which credit
13    is being  transferred,  plus  interest,  exceeds  the  amount
14    actually  transferred  from such other fund or system to this
15    Fund under item  (1)  of  Section  8-226.5  or  item  (1)  of
16    subsection (a) of Section 12-127.5.
17        (b)  A  policeman  may  transfer to this Fund credits and
18    creditable service accumulated under any police pension  fund
19    established  under  Article 3 of this Code, by making written
20    application to the Fund before  January  1,  2001.   For  the
21    transfer  to be effective, the policeman must pay to the Fund
22    before withdrawal from service the amount, if any,  by  which
23    the  employee  contributions that would have been required if
24    he or she had participated in this Fund during the period for
25    which credit is being transferred, plus interest, exceeds the
26    amount actually transferred from the Article 3 fund  to  this
27    Fund under item (1) of subsection (a) of Section 3-110.8.
28        (c)  A  policeman  may  transfer to this Fund credits and
29    creditable service accumulated for law enforcement service as
30    a member of the pension fund established under Article  7  of
31    this  Code,  by making written application to the Fund before
32    January 1, 2001.  For  the  transfer  to  be  effective,  the
33    policeman must pay to the Fund before withdrawal from service
 
                            -3-                LRB9100908EGfg
 1    the  amount, if any, by which the employee contributions that
 2    would have been required if he or  she  had  participated  in
 3    this  Fund  during  the  period  for  which  credit  is being
 4    transferred,  plus  interest,  exceeds  the  amount  actually
 5    transferred from the Article 7 fund to this Fund  under  item
 6    (1) of subsection (a) of Section 7-139.10.
 7        (d)  A  policeman  may  transfer to this Fund credits and
 8    creditable service accumulated for service as a member of the
 9    county police department under the pension  fund  established
10    under  Article  9 of this Code, by making written application
11    to the Fund before January 1, 2001.  For the transfer  to  be
12    effective,   the  policeman  must  pay  to  the  Fund  before
13    withdrawal from service the amount,  if  any,  by  which  the
14    employee contributions that would have been required if he or
15    she had participated in this Fund during the period for which
16    credit  is  being  transferred,  plus  interest,  exceeds the
17    amount actually transferred from the Article 9 fund  to  this
18    Fund under item (1) of subsection (c) of Section 9-121.10.
19        (e)  A  policeman  may  transfer to this Fund credits and
20    creditable service accumulated for law enforcement service as
21    a member of the pension fund established under Article 11  of
22    this  Code,  by making written application to the Fund before
23    January 1, 2001.  For  the  transfer  to  be  effective,  the
24    policeman must pay to the Fund before withdrawal from service
25    the  amount, if any, by which the employee contributions that
26    would have been required if he or  she  had  participated  in
27    this  Fund  during  the  period  for  which  credit  is being
28    transferred,  plus  interest,  exceeds  the  amount  actually
29    transferred from the Article 11 fund to this Fund under  item
30    (1) of subsection (a) of Section 11-125.9.
31        (f)  A  policeman  may  transfer to this Fund credits and
32    creditable service accumulated for law enforcement service as
33    a member of the pension fund established under Article 12  of
34    this  Code,  by making written application to the Fund before
 
                            -4-                LRB9100908EGfg
 1    January 1, 2001.  For  the  transfer  to  be  effective,  the
 2    policeman must pay to the Fund before withdrawal from service
 3    the  amount, if any, by which the employee contributions that
 4    would have been required if he or  she  had  participated  in
 5    this  Fund  during  the  period  for  which  credit  is being
 6    transferred,  plus  interest,  exceeds  the  amount  actually
 7    transferred from the Article 12 fund to this Fund under  item
 8    (1) of subsection (b) of Section 12-127.5.
 9    (Source: P.A. 86-272.)

10        (40 ILCS 5/7-139.10 new)
11        Sec. 7-139.10. Transfer to Article 5 pension fund.
12        (a)  Until  January  1,  2001,  a person who is an active
13    participant in the pension fund established under  Article  5
14    of this Code may apply for transfer to that Article 5 fund of
15    his  or her creditable service accumulated under this Article
16    for law enforcement service.  At the time of the transfer the
17    Fund shall pay to the Article 5 pension fund an amount  equal
18    to:
19             (1)  the  amounts  accumulated  to the credit of the
20        applicant  for   law   enforcement   service,   including
21        interest; and
22             (2)  the municipality credits based on that service,
23        including interest; and
24             (3)  any  interest paid by the applicant in order to
25        reinstate that service.
26    Participation in this Fund with respect  to  the  transferred
27    credits shall terminate on the date of transfer.
28        (b)  Until January 1, 2001, an active member of a pension
29    fund  established  under Article 5 of this Code may reinstate
30    law  enforcement  service  under  this   Article   that   was
31    terminated  by receipt of a refund, by paying to the Fund the
32    amount of the refund plus interest thereon at the rate of  6%
33    per year, compounded annually, from the date of refund to the
 
                            -5-                LRB9100908EGfg
 1    date of payment.
 2        (c)  For  the  purposes of this Section, "law enforcement
 3    service" means service (i) as  a  sheriff's  law  enforcement
 4    employee   or   (ii)   with   the   police  department  of  a
 5    participating   municipality   for   which   the    applicant
 6    established creditable service under this Article.

 7        (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
 8        Sec. 9-121.10.  Transfer to Article 5 or 14.
 9        (a)  Until  July  1, 1993, any active member of the State
10    Employees' Retirement System who is  a  State  policeman  may
11    apply  for  transfer of some or all of his creditable service
12    as a member of the County Police Department accumulated under
13    this Article to the State Employees' Retirement  System.   At
14    the  time  of  the  transfer  the Fund shall pay to the State
15    Employees' Retirement System an amount equal to:
16             (1)  the amounts accumulated to the  credit  of  the
17        applicant  on  the  books  of  the  Fund  on  the date of
18        transfer for the service to be transferred; and
19             (2)  the   corresponding    municipality    credits,
20        including  interest, on the books of the Fund on the date
21        of transfer; and
22             (3)  any interest paid by the applicant in order  to
23        reinstate such service.
24        Participation  in  this  Fund with respect to the credits
25    transferred shall terminate on the date of transfer.
26        (b)  Until July 1, 1993, any  such  State  policeman  may
27    reinstate credit for service as a member of the County Police
28    Department  that  was  terminated  by receipt of a refund, by
29    paying to the Fund the amount of  the  refund  with  interest
30    thereon at the rate of 6% per year, compounded annually, from
31    the date of refund to the date of payment.
32        (c)  Until  January  1,  2001,  any  active member of the
33    Article 5 pension fund may apply for transfer of some or  all
 
                            -6-                LRB9100908EGfg
 1    of  his  or  her creditable service as a member of the County
 2    Police Department accumulated  under  this  Article  to  that
 3    Article  5  fund.  At the time of the transfer the Fund shall
 4    pay to the Article 5 fund an amount equal to:
 5             (1)  the amounts accumulated to the  credit  of  the
 6        applicant  on  the  books  of  the  Fund  on  the date of
 7        transfer for the service to be transferred; and
 8             (2)  an amount representing  employer  contributions
 9        equal to the amount determined under item (1); and
10             (3)  any  interest paid by the applicant in order to
11        reinstate that service.
12    Participation in  this  Fund  with  respect  to  the  credits
13    transferred shall terminate on the date of transfer.
14        (d)  Until  January  1,  2001,  any  active member of the
15    Article 5 pension fund may reinstate credit for service as  a
16    member of the County Police Department that was terminated by
17    receipt  of a refund, by paying to the Fund the amount of the
18    refund with interest thereon at the  rate  of  6%  per  year,
19    compounded  annually,  from the date of refund to the date of
20    payment.
21    (Source: P.A. 87-1265.)

22        (40 ILCS 5/11-125.9 new)
23        Sec. 11-125.9. Transfer to Article 5 pension fund.
24        (a)  Until January 1, 2001, a person  who  is  an  active
25    participant  in  the pension fund established under Article 5
26    of this Code may apply for transfer to that Article 5 fund of
27    his or her creditable service accumulated under this  Article
28    for law enforcement service.  At the time of the transfer the
29    Fund  shall pay to the Article 5 pension fund an amount equal
30    to:
31             (1)  the amounts accumulated to the  credit  of  the
32        applicant   for   law   enforcement   service,  including
33        interest; and
 
                            -7-                LRB9100908EGfg
 1             (2)  the corresponding  employer  credits  based  on
 2        that service, including interest; and
 3             (3)  any  interest paid by the applicant in order to
 4        reinstate that service.
 5    Participation in this Fund with respect  to  the  transferred
 6    credits shall terminate on the date of transfer.
 7        (b)  Until January 1, 2001, an active member of a pension
 8    fund  established  under Article 5 of this Code may reinstate
 9    law  enforcement  service  under  this   Article   that   was
10    terminated  by receipt of a refund, by paying to the Fund the
11    amount of the refund plus interest thereon at the rate of  6%
12    per year, compounded annually, from the date of refund to the
13    date of payment.
14        (c)  For  the  purposes of this Section, "law enforcement
15    service" means service with the police department of the city
16    for which the applicant established creditable service  under
17    this Article.

18        (40 ILCS 5/12-127.5) (from Ch. 108 1/2, par. 12-127.5)
19        Sec. 12-127.5.  Transfer of creditable service to Article
20    5 fund.
21        (a)  Until  January 1, 1990, pursuant to Section 5-234 of
22    this Code, a police officer who is a participant in a pension
23    fund established under Article 5 of this Code may  apply  for
24    transfer  of  his  credits and creditable service accumulated
25    under this Fund to such  Article  5  fund.   Such  creditable
26    service shall be transferred forthwith.  Payment by this Fund
27    to  the  Article  5  fund  shall be made at the same time and
28    shall consist of:
29             (1)  the amounts accumulated to the  credit  of  the
30        applicant,  including  interest, on the books of the Fund
31        on the date of transfer, but excluding any additional  or
32        optional  credits, which credits shall be refunded to the
33        applicant; and
 
                            -8-                LRB9100908EGfg
 1             (2)  employer  contribution  credits  computed   and
 2        credited  under  this Article, including interest, on the
 3        books of the Fund  on  the  date  the  member  terminated
 4        service under the Fund.
 5    Participation  in  this  Fund  as  to any credits transferred
 6    under this subsection Section shall terminate on the date  of
 7    transfer.
 8        (b)  Until  January  1,  2001,  a person who is an active
 9    participant in the pension fund established under  Article  5
10    of this Code may apply for transfer to that Article 5 fund of
11    his  or her creditable service accumulated under this Article
12    for law enforcement service.  At the time of the transfer the
13    Fund shall pay to the Article 5 pension fund an amount  equal
14    to:
15             (1)  the  amounts  accumulated  to the credit of the
16        applicant  for   law   enforcement   service,   including
17        interest; and
18             (2)  the  corresponding  employer  credits  based on
19        that service, including interest; and
20             (3)  any interest paid by the applicant in order  to
21        reinstate that service.
22    Participation  in  this  Fund with respect to the transferred
23    credits shall terminate on the date of transfer.
24        (c)  Until January 1, 2001, an active member of a pension
25    fund established under Article 5 of this Code  may  reinstate
26    law   enforcement   service   under  this  Article  that  was
27    terminated by receipt of a refund, by paying to the Fund  the
28    amount  of the refund plus interest thereon at the rate of 6%
29    per year, compounded annually, from the date of refund to the
30    date of payment.
31        (d)  For the purposes of this Section,  "law  enforcement
32    service"  means  service with the police department of a city
33    or  park  district  for  which  the   applicant   established
34    creditable service under this Article.
 
                            -9-                LRB9100908EGfg
 1    (Source: P.A. 86-272.)

 2        Section  90.  The State Mandates Act is amended by adding
 3    Section 8.23 as follows:

 4        (30 ILCS 805/8.23 new)
 5        Sec. 8.23. Exempt mandate.   Notwithstanding  Sections  6
 6    and  8 of this Act, no reimbursement by the State is required
 7    for  the  implementation  of  any  mandate  created  by  this
 8    amendatory Act of the 91st General Assembly.

 9        Section 99. Effective date.  This Act takes  effect  upon
10    becoming law.

[ Top ]