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Public Act 102-1061
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| HB4209 Enrolled | LRB102 20423 RPS 29284 b |
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AN ACT concerning 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 Sections 3-110.10 and 7-139.14 as follows:
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(40 ILCS 5/3-110.10)
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Sec. 3-110.10. Transfer from Article 7. Until January 1, |
2009, a person may transfer to a fund established under this |
Article up to 8 years of creditable service accumulated under |
Article 7 of this Code upon payment to the fund of an amount to |
be determined by
the board, equal to (i) the difference |
between the amount of
employee and employer contributions |
transferred to the fund
under Section 7-139.11 and the amounts |
that would have been contributed had such
contributions been |
made at the rates applicable to an employee under this |
Article, plus (ii) interest thereon at the actuarially assumed |
rate, compounded annually, from the date of service to the
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date of payment.
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No later than September 30, 2023 6 months after the |
effective date of this amendatory Act of the 102nd General |
Assembly, a person may transfer to a fund established under |
this Article creditable service accumulated under Article 7 of |
this Code for service as a sheriff's law enforcement employee, |
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person employed by a participating municipality to perform |
police duties, or law enforcement officer employed on a |
full-time basis by a forest preserve district, or person |
employed by a participating municipality or instrumentality to |
perform administrative duties related to law enforcement upon |
payment to the fund of an amount to be determined by the board, |
equal to (i) the difference between the amount of employee and |
employer contributions transferred to the fund under Section |
7-139.14 and the amounts that would have been contributed had |
such contributions been made at the rates applicable to an |
employee under this Article, plus (ii) interest thereon at the |
actuarially assumed rate, compounded annually, from the date |
of service to the date of payment. |
(Source: P.A. 102-113, eff. 7-23-21.)
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(40 ILCS 5/7-139.14) |
Sec. 7-139.14. Transfer to Article 3 pension fund. |
(a) No later than June 30, 2023 Within 6 months after the |
effective date of this amendatory Act of the 102nd General |
Assembly, an active member of a pension fund established under |
Article 3 of this Code may apply for transfer to that Article 3 |
pension fund of his or her credits and creditable service |
accumulated in this Fund for service as a sheriff's law |
enforcement employee, person employed by a participating |
municipality to perform police duties, or law enforcement |
officer employed on a full-time basis by a forest preserve |
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district, or person employed by a participating municipality |
or instrumentality to perform administrative duties related to |
law enforcement. The creditable service shall be transferred |
only upon payment by this Fund to such Article 3 pension fund |
of an amount equal to: |
(1) the amounts accumulated to the credit of the |
applicant for the service to be transferred, including |
interest; and |
(2) an amount representing employer contributions, |
equal to the total amount determined under item (1); and |
(3) any interest paid by the applicant to reinstate |
such service. |
Participation in this Fund as to any credits transferred |
under this Section shall terminate on the date of transfer. |
(b) Notwithstanding any other provision of this Code, any |
person applying to transfer service under this Section may |
reinstate credits and creditable service terminated upon |
receipt of a separation benefit by paying to the Fund the |
amount of the separation benefit plus interest thereon at the |
actuarially assumed rate of interest to the date of payment. |
Such payment must be made within 60 90 days after notification |
by the Fund of the cost of such reinstatement.
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(Source: P.A. 102-113, eff. 7-23-21.)
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Section 10. The Illinois Pension Code is amended by adding |
Section 3-110.13 and by changing Section 15-134.4 as follows:
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(40 ILCS 5/3-110.13 new) |
Sec. 3-110.13. Transfer from Article 15. No later than |
June 30, 2023, a person may irrevocably apply under Section |
15-134.4 to transfer to a fund established under this Article |
creditable service accumulated under Article 15 of this Code |
for service as a police officer upon payment to the fund of an |
amount, to be determined by the board, equal to (i) the |
difference between the amount of employee and employer |
contributions transferred to the fund under Section 15-134.4 |
and the amounts that would have been contributed had such |
contributions been made at the rates applicable to an employee |
under this Article, plus (ii) interest thereon at the |
actuarially assumed rate, compounded annually, from the date |
of service to the date of payment.
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(40 ILCS 5/15-134.4) (from Ch. 108 1/2, par. 15-134.4)
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Sec. 15-134.4. Transfer of creditable service to an |
Article 3 pension fund, the
Article 5 Pension Fund, or the |
Article 14 System.
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(a) An active member of the Pension Fund established under |
Article 5 of this
Code may apply, not later than January 1, |
1990, to transfer his or her
credits and creditable service
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accumulated under this System for service with the City |
Colleges of Chicago
teaching in the Criminal Justice Program, |
to the Article 5 Fund. Such
credits and creditable service |
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shall be transferred forthwith. |
Payment by this
System to the Article 5 Fund shall be made |
at the same time and shall
consist of: |
(1) the amounts credited to the applicant for such |
service
through employee contributions, including |
interest, as of the date of
transfer; and |
(2) employer contributions equal in amount to the |
accumulated
employee contributions as determined in item |
(1).
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Participation in this
System with respect to such credits |
shall terminate on the date of transfer.
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(b) Any active member of the State Employees' Retirement |
System who is
a State policeman, an investigator for the |
Secretary of State, or a conservation police officer, and who |
is not a participating employee in this System, may apply for |
transfer of
some or all of his or her creditable service |
accumulated
in this System for service as a police officer to |
the State Employees'
Retirement System in accordance with |
Section 14-110. The creditable service shall be transferred |
only upon payment
by this System to the State Employees' |
Retirement System of an amount equal to:
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(1) the amounts accumulated to the credit of the |
applicant for the service to be transferred, including |
interest, as of the date of transfer, and any interest |
paid by the applicant to reinstate such service; and
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(2) employer contributions equal in amount to the |
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accumulated
employee contributions as determined in item |
(1). ; and
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(3) any interest paid by the applicant to reinstate |
such service.
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Participation in this System as to any credits transferred |
under this
Section shall terminate on the date of transfer.
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(c) Any person applying to transfer service under |
subsection (b) may reinstate credits and
creditable service |
terminated upon receipt of a refund by paying
to the System the |
amount of the refund plus interest thereon at the
rate of 6% |
per year from the date of the refund to the date of payment. |
(d) No later than June 30, 2023, any active member of a |
pension fund established under Article 3 of this Code who is |
not a participating employee in this System may apply for |
transfer of some or all of his or her creditable service |
accumulated in this System for service as a police officer to |
that Article 3 pension fund in accordance with Section |
3-110.13. The creditable service shall be transferred only |
upon payment by this System to that Article 3 pension fund of |
an amount equal to: |
(1) the amounts accumulated to the credit of the |
applicant for the service to be transferred, including |
interest, as of the date of transfer, and any interest |
paid by the applicant to reinstate such service; and |
(2) employer contributions equal in amount to the |
accumulated employee contributions as determined in item |
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(1). |
Participation in this System as to any credits transferred |
under this Section shall terminate on the date of transfer. |
(e) An application to transfer credits and creditable |
service under this Section shall be irrevocable. |
(Source: P.A. 95-530, eff. 8-28-07.)
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Section 15. The Illinois Pension Code is amended by adding |
Sections 3-110.14 and 7-139.1a as follows:
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(40 ILCS 5/3-110.14 new) |
Sec. 3-110.14. Transfer to Article 7. On and after July 1, |
2022 but no later than December 1, 2023, a participating |
employee who is actively employed as a sheriff's law |
enforcement employee under Article 7 may make a written |
election to transfer up to 10 years of creditable service from |
a fund established under this Article to the Illinois |
Municipal Retirement Fund established under Article 7. Upon |
receiving a written election by a participant under this |
Section, the creditable service shall be transferred to the |
Illinois Municipal Retirement Fund as soon as practicable upon |
payment by the police pension fund to the Illinois Municipal |
Retirement Fund of an amount equal to: |
(1) the amounts accumulated to the credit of the |
applicant on the books of the fund on the date of the |
transfer; and |
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(2) employer contributions in an amount equal to the |
amount determined under paragraph (1). |
Participation in the police pension fund with respect to the |
service to be transferred shall terminate on the date of |
transfer. This Section does not allow reinstatement of credits |
in this Article that were previously forfeited.
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(40 ILCS 5/7-139.1a new) |
Sec. 7-139.1a. Transfer from Article 3. On and after July |
1, 2022 but no later than January 1, 2023, a participating |
sheriff's law enforcement employee may elect to transfer up to |
10 years of service credit to the Fund as set forth in Section |
3-110.14. To establish creditable service under this Section, |
the sheriff's law enforcement employee may elect to do either |
of the following: |
(1) pay to the Fund an amount to be determined by the |
Board, equal to (i) the difference between the amount of |
employee and employer contributions transferred to the |
Fund under Section 3-110.14 and the amounts that would |
have been contributed had such contributions been made at |
the rates applicable to a sheriff's law enforcement |
employee under this Article, plus (ii) interest thereon at |
the actuarially assumed rate, compounded annually, from |
the date of service to the date of payment; or |
(2) have the amount of his or her creditable service |
established under this Section reduced by an amount |
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corresponding to the amount by which (i) the employer and |
employee contributions that would have been required if he |
or she had participated in the Fund as a sheriff's law |
enforcement employee during the period for which credit is |
being transferred, plus interest thereon at the |
actuarially assumed rate, compounded annually, from the |
date of termination of the service for which credit is |
being transferred to the date of payment, exceeds (ii) the |
amount actually transferred to the Fund. |
Notwithstanding the amount transferred by the Article 3 |
fund pursuant to Section 3-110.14, in no event shall the |
service credit established under this Section exceed the |
lesser of 10 years or the actual amount of service credit that |
had been earned in the Article 3 fund. If an amount greater |
than the amount described under paragraph (1) is transferred |
to the Fund, the additional amount shall be credited to the |
account of the sheriff's law enforcement employee's employer.
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Section 90. The State Mandates Act is amended by adding |
Section 8.46 as follows:
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(30 ILCS 805/8.46 new) |
Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and |
8 of this Act, no reimbursement by the State is required for |
the implementation of any mandate created by this amendatory |
Act of the 102nd General Assembly.
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