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91_SB0066
LRB9100907EGfg
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
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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
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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
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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
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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
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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
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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
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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.
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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.