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1 | | 2505-306 as follows:
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2 | | (20 ILCS 2505/2505-306 new) |
3 | | Sec. 2505-306. Retiring investigators; purchase of service |
4 | | firearm and badge. The Director shall establish a program to |
5 | | allow a Department investigator who is honorably retiring in |
6 | | good standing to purchase either one or both of the following: |
7 | | (1) any badge previously issued to the investigator by the |
8 | | Department; or (2) if the investigator has a currently valid |
9 | | Firearm Owner's Identification Card, the service firearm |
10 | | issued or previously issued to the investigator by the |
11 | | Department. The cost of the firearm shall be the replacement |
12 | | value of the firearm and not the firearm's fair market value.
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13 | | Section 15. The State Finance Act is amended by adding |
14 | | Sections 5.970 and 6z-130 as follows:
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15 | | (30 ILCS 105/5.970 new) |
16 | | Sec. 5.970. The Law Enforcement Recruitment and Retention |
17 | | Fund.
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18 | | (30 ILCS 105/6z-130 new) |
19 | | Sec. 6z-130. The Law Enforcement Recruitment and Retention |
20 | | Fund. The Law Enforcement Recruitment and Retention Fund is |
21 | | hereby created as a special fund in the State treasury. Moneys |
22 | | in the fund shall consist of moneys transferred from the |
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1 | | General Revenue Fund to the Law Enforcement Recruitment and |
2 | | Retention Fund. This fund shall be used by the Illinois Law |
3 | | Enforcement Recruitment and Retention Board to provide grants |
4 | | pursuant to Section 3.2 of the Illinois Police Training Act |
5 | | and may be used to reimburse the Illinois Law Enforcement |
6 | | Training Standards Board pursuant to subsection (c) of Section |
7 | | 3.2 of the Illinois Police Training Act.
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8 | | Section 20. The Illinois Pension Code is amended by |
9 | | changing Sections 1-160 and 14-152.1 and by adding Sections |
10 | | 7-142.2, 14-147.7, and 24-105.3 as follows:
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11 | | (40 ILCS 5/1-160)
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12 | | Sec. 1-160. Provisions applicable to new hires. |
13 | | (a) The provisions of this Section apply to a person who, |
14 | | on or after January 1, 2011, first becomes a member or a |
15 | | participant under any reciprocal retirement system or pension |
16 | | fund established under this Code, other than a retirement |
17 | | system or pension fund established under Article 2, 3, 4, 5, 6, |
18 | | 7, 15, or 18 of this Code, notwithstanding any other provision |
19 | | of this Code to the contrary, but do not apply to any |
20 | | self-managed plan established under this Code or to any |
21 | | participant of the retirement plan established under Section |
22 | | 22-101; except that this Section applies to a person who |
23 | | elected to establish alternative credits by electing in |
24 | | writing after January 1, 2011, but before August 8, 2011, |
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1 | | under Section 7-145.1 of this Code. Notwithstanding anything |
2 | | to the contrary in this Section, for purposes of this Section, |
3 | | a person who is a Tier 1 regular employee as defined in Section |
4 | | 7-109.4 of this Code or who participated in a retirement |
5 | | system under Article 15 prior to January 1, 2011 shall be |
6 | | deemed a person who first became a member or participant prior |
7 | | to January 1, 2011 under any retirement system or pension fund |
8 | | subject to this Section. The changes made to this Section by |
9 | | Public Act 98-596 are a clarification of existing law and are |
10 | | intended to be retroactive to January 1, 2011 (the effective |
11 | | date of Public Act 96-889), notwithstanding the provisions of |
12 | | Section 1-103.1 of this Code. |
13 | | This Section does not apply to a person who first becomes a |
14 | | noncovered employee under Article 14 on or after the |
15 | | implementation date of the plan created under Section 1-161 |
16 | | for that Article, unless that person elects under subsection |
17 | | (b) of Section 1-161 to instead receive the benefits provided |
18 | | under this Section and the applicable provisions of that |
19 | | Article. |
20 | | This Section does not apply to a person who first becomes a |
21 | | member or participant under Article 16 on or after the |
22 | | implementation date of the plan created under Section 1-161 |
23 | | for that Article, unless that person elects under subsection |
24 | | (b) of Section 1-161 to instead receive the benefits provided |
25 | | under this Section and the applicable provisions of that |
26 | | Article. |
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1 | | This Section does not apply to a person who elects under |
2 | | subsection (c-5) of Section 1-161 to receive the benefits |
3 | | under Section 1-161. |
4 | | This Section does not apply to a person who first becomes a |
5 | | member or participant of an affected pension fund on or after 6 |
6 | | months after the resolution or ordinance date, as defined in |
7 | | Section 1-162, unless that person elects under subsection (c) |
8 | | of Section 1-162 to receive the benefits provided under this |
9 | | Section and the applicable provisions of the Article under |
10 | | which he or she is a member or participant. |
11 | | (b) "Final average salary" means, except as otherwise |
12 | | provided in this subsection, the average monthly (or annual) |
13 | | salary obtained by dividing the total salary or earnings |
14 | | calculated under the Article applicable to the member or |
15 | | participant during the 96 consecutive months (or 8 consecutive |
16 | | years) of service within the last 120 months (or 10 years) of |
17 | | service in which the total salary or earnings calculated under |
18 | | the applicable Article was the highest by the number of months |
19 | | (or years) of service in that period. For the purposes of a |
20 | | person who first becomes a member or participant of any |
21 | | retirement system or pension fund to which this Section |
22 | | applies on or after January 1, 2011, in this Code, "final |
23 | | average salary" shall be substituted for the following: |
24 | | (1) (Blank). |
25 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average |
26 | | annual salary for any 4 consecutive years within the last |
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1 | | 10 years of service immediately preceding the date of |
2 | | withdrawal". |
3 | | (3) In Article 13, "average final salary". |
4 | | (4) In Article 14, "final average compensation". |
5 | | (5) In Article 17, "average salary". |
6 | | (6) In Section 22-207, "wages or salary received by |
7 | | him at the date of retirement or discharge". |
8 | | A member of the Teachers' Retirement System of the State |
9 | | of Illinois who retires on or after June 1, 2021 and for whom |
10 | | the 2020-2021 school year is used in the calculation of the |
11 | | member's final average salary shall use the higher of the |
12 | | following for the purpose of determining the member's final |
13 | | average salary: |
14 | | (A) the amount otherwise calculated under the first |
15 | | paragraph of this subsection; or |
16 | | (B) an amount calculated by the Teachers' Retirement |
17 | | System of the State of Illinois using the average of the |
18 | | monthly (or annual) salary obtained by dividing the total |
19 | | salary or earnings calculated under Article 16 applicable |
20 | | to the member or participant during the 96 months (or 8 |
21 | | years) of service within the last 120 months (or 10 years) |
22 | | of service in which the total salary or earnings |
23 | | calculated under the Article was the highest by the number |
24 | | of months (or years) of service in that period. |
25 | | (b-5) Beginning on January 1, 2011, for all purposes under |
26 | | this Code (including without limitation the calculation of |
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1 | | benefits and employee contributions), the annual earnings, |
2 | | salary, or wages (based on the plan year) of a member or |
3 | | participant to whom this Section applies shall not exceed |
4 | | $106,800; however, that amount shall annually thereafter be |
5 | | increased by the lesser of (i) 3% of that amount, including all |
6 | | previous adjustments, or (ii) one-half the annual unadjusted |
7 | | percentage increase (but not less than zero) in the consumer |
8 | | price index-u
for the 12 months ending with the September |
9 | | preceding each November 1, including all previous adjustments. |
10 | | For the purposes of this Section, "consumer price index-u" |
11 | | means
the index published by the Bureau of Labor Statistics of |
12 | | the United States
Department of Labor that measures the |
13 | | average change in prices of goods and
services purchased by |
14 | | all urban consumers, United States city average, all
items, |
15 | | 1982-84 = 100. The new amount resulting from each annual |
16 | | adjustment
shall be determined by the Public Pension Division |
17 | | of the Department of Insurance and made available to the |
18 | | boards of the retirement systems and pension funds by November |
19 | | 1 of each year. |
20 | | (c) A member or participant is entitled to a retirement
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21 | | annuity upon written application if he or she has attained age |
22 | | 67 (age 65, with respect to service under Article 12 that is |
23 | | subject to this Section, for a member or participant under |
24 | | Article 12 who first becomes a member or participant under |
25 | | Article 12 on or after January 1, 2022 or who makes the |
26 | | election under item (i) of subsection (d-15) of this Section) |
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1 | | and has at least 10 years of service credit and is otherwise |
2 | | eligible under the requirements of the applicable Article. |
3 | | A member or participant who has attained age 62 (age 60, |
4 | | with respect to service under Article 12 that is subject to |
5 | | this Section, for a member or participant under Article 12 who |
6 | | first becomes a member or participant under Article 12 on or |
7 | | after January 1, 2022 or who makes the election under item (i) |
8 | | of subsection (d-15) of this Section) and has at least 10 years |
9 | | of service credit and is otherwise eligible under the |
10 | | requirements of the applicable Article may elect to receive |
11 | | the lower retirement annuity provided
in subsection (d) of |
12 | | this Section. |
13 | | (c-5) A person who first becomes a member or a participant |
14 | | subject to this Section on or after July 6, 2017 (the effective |
15 | | date of Public Act 100-23), notwithstanding any other |
16 | | provision of this Code to the contrary, is entitled to a |
17 | | retirement annuity under Article 8 or Article 11 upon written |
18 | | application if he or she has attained age 65 and has at least |
19 | | 10 years of service credit and is otherwise eligible under the |
20 | | requirements of Article 8 or Article 11 of this Code, |
21 | | whichever is applicable. |
22 | | (d) The retirement annuity of a member or participant who |
23 | | is retiring after attaining age 62 (age 60, with respect to |
24 | | service under Article 12 that is subject to this Section, for a |
25 | | member or participant under Article 12 who first becomes a |
26 | | member or participant under Article 12 on or after January 1, |
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1 | | 2022 or who makes the election under item (i) of subsection |
2 | | (d-15) of this Section) with at least 10 years of service |
3 | | credit shall be reduced by one-half
of 1% for each full month |
4 | | that the member's age is under age 67 (age 65, with respect to |
5 | | service under Article 12 that is subject to this Section, for a |
6 | | member or participant under Article 12 who first becomes a |
7 | | member or participant under Article 12 on or after January 1, |
8 | | 2022 or who makes the election under item (i) of subsection |
9 | | (d-15) of this Section). |
10 | | (d-5) The retirement annuity payable under Article 8 or |
11 | | Article 11 to an eligible person subject to subsection (c-5) |
12 | | of this Section who is retiring at age 60 with at least 10 |
13 | | years of service credit shall be reduced by one-half of 1% for |
14 | | each full month that the member's age is under age 65. |
15 | | (d-10) Each person who first became a member or |
16 | | participant under Article 8 or Article 11 of this Code on or |
17 | | after January 1, 2011 and prior to July 6, 2017 ( the effective |
18 | | date of Public Act 100-23) this amendatory Act of the 100th |
19 | | General Assembly shall make an irrevocable election either: |
20 | | (i) to be eligible for the reduced retirement age |
21 | | provided in subsections (c-5)
and (d-5) of this Section, |
22 | | the eligibility for which is conditioned upon the member |
23 | | or participant agreeing to the increases in employee |
24 | | contributions for age and service annuities provided in |
25 | | subsection (a-5) of Section 8-174 of this Code (for |
26 | | service under Article 8) or subsection (a-5) of Section |
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1 | | 11-170 of this Code (for service under Article 11); or |
2 | | (ii) to not agree to item (i) of this subsection |
3 | | (d-10), in which case the member or participant shall |
4 | | continue to be subject to the retirement age provisions in |
5 | | subsections (c) and (d) of this Section and the employee |
6 | | contributions for age and service annuity as provided in |
7 | | subsection (a) of Section 8-174 of this Code (for service |
8 | | under Article 8) or subsection (a) of Section 11-170 of |
9 | | this Code (for service under Article 11). |
10 | | The election provided for in this subsection shall be made |
11 | | between October 1, 2017 and November 15, 2017. A person |
12 | | subject to this subsection who makes the required election |
13 | | shall remain bound by that election. A person subject to this |
14 | | subsection who fails for any reason to make the required |
15 | | election within the time specified in this subsection shall be |
16 | | deemed to have made the election under item (ii). |
17 | | (d-15) Each person who first becomes a member or |
18 | | participant under Article 12 on or after January 1, 2011 and |
19 | | prior to January 1, 2022 shall make an irrevocable election |
20 | | either: |
21 | | (i) to be eligible for the reduced retirement age |
22 | | specified in subsections (c) and (d) of this Section, the |
23 | | eligibility for which is conditioned upon the member or |
24 | | participant agreeing to the increase in employee |
25 | | contributions for service annuities specified in |
26 | | subsection (b) of Section 12-150; or |
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1 | | (ii) to not agree to item (i) of this subsection |
2 | | (d-15), in which case the member or participant shall not |
3 | | be eligible for the reduced retirement age specified in |
4 | | subsections (c) and (d) of this Section and shall not be |
5 | | subject to the increase in employee contributions for |
6 | | service annuities specified in subsection (b) of Section |
7 | | 12-150. |
8 | | The election provided for in this subsection shall be made |
9 | | between January 1, 2022 and April 1, 2022. A person subject to |
10 | | this subsection who makes the required election shall remain |
11 | | bound by that election. A person subject to this subsection |
12 | | who fails for any reason to make the required election within |
13 | | the time specified in this subsection shall be deemed to have |
14 | | made the election under item (ii). |
15 | | (e) Any retirement annuity or supplemental annuity shall |
16 | | be subject to annual increases on the January 1 occurring |
17 | | either on or after the attainment of age 67 (age 65, with |
18 | | respect to service under Article 12 that is subject to this |
19 | | Section, for a member or participant under Article 12 who |
20 | | first becomes a member or participant under Article 12 on or |
21 | | after January 1, 2022 or who makes the election under item (i) |
22 | | of subsection (d-15); and beginning on July 6, 2017 ( the |
23 | | effective date of Public Act 100-23) this amendatory Act of |
24 | | the 100th General Assembly , age 65 with respect to service |
25 | | under Article 8 or Article 11 for eligible persons who: (i) are |
26 | | subject to subsection (c-5) of this Section; or (ii) made the |
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1 | | election under item (i) of subsection (d-10) of this Section) |
2 | | or the first anniversary of the annuity start date, whichever |
3 | | is later. Each annual increase shall be calculated at 3% or |
4 | | one-half the annual unadjusted percentage increase (but not |
5 | | less than zero) in the consumer price index-u for the 12 months |
6 | | ending with the September preceding each November 1, whichever |
7 | | is less, of the originally granted retirement annuity. If the |
8 | | annual unadjusted percentage change in the consumer price |
9 | | index-u for the 12 months ending with the September preceding |
10 | | each November 1 is zero or there is a decrease, then the |
11 | | annuity shall not be increased. |
12 | | For the purposes of Section 1-103.1 of this Code, the |
13 | | changes made to this Section by Public Act 102-263 this |
14 | | amendatory Act of the 102nd General Assembly are applicable |
15 | | without regard to whether the employee was in active service |
16 | | on or after August 6, 2021 ( the effective date of Public Act |
17 | | 102-263) this amendatory Act of the 102nd General Assembly . |
18 | | For the purposes of Section 1-103.1 of this Code, the |
19 | | changes made to this Section by Public Act 100-23 this |
20 | | amendatory Act of the 100th General Assembly are applicable |
21 | | without regard to whether the employee was in active service |
22 | | on or after July 6, 2017 ( the effective date of Public Act |
23 | | 100-23) this amendatory Act of the 100th General Assembly . |
24 | | (f) The initial survivor's or widow's annuity of an |
25 | | otherwise eligible survivor or widow of a retired member or |
26 | | participant who first became a member or participant on or |
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1 | | after January 1, 2011 shall be in the amount of 66 2/3% of the |
2 | | retired member's or participant's retirement annuity at the |
3 | | date of death. In the case of the death of a member or |
4 | | participant who has not retired and who first became a member |
5 | | or participant on or after January 1, 2011, eligibility for a |
6 | | survivor's or widow's annuity shall be determined by the |
7 | | applicable Article of this Code. The initial benefit shall be |
8 | | 66 2/3% of the earned annuity without a reduction due to age. A |
9 | | child's annuity of an otherwise eligible child shall be in the |
10 | | amount prescribed under each Article if applicable. Any |
11 | | survivor's or widow's annuity shall be increased (1) on each |
12 | | January 1 occurring on or after the commencement of the |
13 | | annuity if
the deceased member died while receiving a |
14 | | retirement annuity or (2) in
other cases, on each January 1 |
15 | | occurring after the first anniversary
of the commencement of |
16 | | the annuity. Each annual increase shall be calculated at 3% or |
17 | | one-half the annual unadjusted percentage increase (but not |
18 | | less than zero) in the consumer price index-u for the 12 months |
19 | | ending with the September preceding each November 1, whichever |
20 | | is less, of the originally granted survivor's annuity. If the |
21 | | annual unadjusted percentage change in the consumer price |
22 | | index-u for the 12 months ending with the September preceding |
23 | | each November 1 is zero or there is a decrease, then the |
24 | | annuity shall not be increased. |
25 | | (g) The benefits in Section 14-110 apply only if the |
26 | | person is a State policeman, a fire fighter in the fire |
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1 | | protection service of a department, a conservation police |
2 | | officer, an investigator for the Secretary of State, an arson |
3 | | investigator, a Commerce Commission police officer, |
4 | | investigator for the Department of Revenue or the
Illinois |
5 | | Gaming Board, a security employee of the Department of |
6 | | Corrections or the Department of Juvenile Justice, or a |
7 | | security employee of the Department of Innovation and |
8 | | Technology, as those terms are defined in subsection (b) and |
9 | | subsection (c) of Section 14-110. A person who meets the |
10 | | requirements of this Section is entitled to an annuity |
11 | | calculated under the provisions of Section 14-110, in lieu of |
12 | | the regular or minimum retirement annuity, only if the person |
13 | | has withdrawn from service with not less than 20
years of |
14 | | eligible creditable service and has attained age 60, |
15 | | regardless of whether
the attainment of age 60 occurs while |
16 | | the person is
still in service. |
17 | | (g-5) The benefits in Section 14-110 apply if the person |
18 | | is a State policeman, investigator for the Secretary of State, |
19 | | conservation police officer, investigator for the Department |
20 | | of Revenue or the
Illinois Gaming Board, investigator for the |
21 | | Office of the Attorney
General, Commerce Commission police |
22 | | officer, or arson investigator, as those terms are defined in |
23 | | subsection (b) and subsection (c) of Section 14-110. A person |
24 | | who meets the requirements of this Section is entitled to an |
25 | | annuity calculated under the provisions of Section 14-110, in |
26 | | lieu of the regular or minimum retirement annuity, only if the |
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1 | | person has withdrawn from service with not less than 20 years |
2 | | of eligible creditable service and has attained age 55, |
3 | | regardless of whether the attainment of age 55 occurs while |
4 | | the person is still in service. |
5 | | (h) If a person who first becomes a member or a participant |
6 | | of a retirement system or pension fund subject to this Section |
7 | | on or after January 1, 2011 is receiving a retirement annuity |
8 | | or retirement pension under that system or fund and becomes a |
9 | | member or participant under any other system or fund created |
10 | | by this Code and is employed on a full-time basis, except for |
11 | | those members or participants exempted from the provisions of |
12 | | this Section under subsection (a) of this Section, then the |
13 | | person's retirement annuity or retirement pension under that |
14 | | system or fund shall be suspended during that employment. Upon |
15 | | termination of that employment, the person's retirement |
16 | | annuity or retirement pension payments shall resume and be |
17 | | recalculated if recalculation is provided for under the |
18 | | applicable Article of this Code. |
19 | | If a person who first becomes a member of a retirement |
20 | | system or pension fund subject to this Section on or after |
21 | | January 1, 2012 and is receiving a retirement annuity or |
22 | | retirement pension under that system or fund and accepts on a |
23 | | contractual basis a position to provide services to a |
24 | | governmental entity from which he or she has retired, then |
25 | | that person's annuity or retirement pension earned as an |
26 | | active employee of the employer shall be suspended during that |
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1 | | contractual service. A person receiving an annuity or |
2 | | retirement pension under this Code shall notify the pension |
3 | | fund or retirement system from which he or she is receiving an |
4 | | annuity or retirement pension, as well as his or her |
5 | | contractual employer, of his or her retirement status before |
6 | | accepting contractual employment. A person who fails to submit |
7 | | such notification shall be guilty of a Class A misdemeanor and |
8 | | required to pay a fine of $1,000. Upon termination of that |
9 | | contractual employment, the person's retirement annuity or |
10 | | retirement pension payments shall resume and, if appropriate, |
11 | | be recalculated under the applicable provisions of this Code. |
12 | | (i) (Blank). |
13 | | (j) In the case of a conflict between the provisions of |
14 | | this Section and any other provision of this Code, the |
15 | | provisions of this Section shall control.
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16 | | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; |
17 | | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
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18 | | (40 ILCS 5/7-142.2 new) |
19 | | Sec. 7-142.2. Deferred retirement option plan. |
20 | | (a) As used in this Section: |
21 | | "Deferred retirement option plan" or "DROP" means the plan |
22 | | created under this Section that provides an alternative method |
23 | | of benefit accrual in the Fund. |
24 | | "DROP member" means an eligible member who makes an |
25 | | election to participate in the DROP no later than January 1, |
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1 | | 2027. |
2 | | "DROP period" means the period during which a DROP member |
3 | | participates in the DROP. |
4 | | "Eligible member" means a participating employee of the |
5 | | Fund who, at the time of electing to participate in the DROP: |
6 | | (1) is otherwise eligible to retire under this Article |
7 | | with a benefit under Section 7-142.1; |
8 | | (2) has never received a retirement annuity from the |
9 | | Fund; |
10 | | (3) is in active service as a sheriff's law |
11 | | enforcement employee; and |
12 | | (4) has terminated participation with respect to any |
13 | | employer other than the employer for which the member is a |
14 | | sheriff's law enforcement employee. |
15 | | (b) The DROP shall be made available to eligible members |
16 | | no later than January 1, 2024. |
17 | | (c) Eligible members must make their election to |
18 | | participate in the DROP in writing with the Fund in a form |
19 | | acceptable to the Fund. The Fund must process the election and |
20 | | begin crediting an account on behalf of the member as soon as |
21 | | is practicable after the election has been received by the |
22 | | Fund. |
23 | | (d) An eligible member may elect to participate in the |
24 | | DROP for a period not to exceed 5 years from the date of |
25 | | election. |
26 | | (e) During the DROP period, the Fund shall credit a |
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1 | | notional account on behalf of the DROP member an amount equal |
2 | | to the monthly amount of retirement annuity the DROP member |
3 | | would otherwise be eligible to receive had the DROP member |
4 | | retired on the date of the election under this Section, minus |
5 | | any amounts required to be deducted under State or federal |
6 | | law, including, but not limited to, payments required under a |
7 | | Qualified Illinois Domestic Relations Order under Section |
8 | | 1-119. Any automatic annual increases that would have |
9 | | otherwise been applied to the DROP member's retirement annuity |
10 | | had the DROP member elected to retire instead of participate |
11 | | in the DROP shall accrue to the DROP member's monthly payment |
12 | | credited to the account prior to the expiration of the DROP and |
13 | | shall otherwise apply to the DROP member's annuity upon |
14 | | expiration of the DROP. The account shall be held on behalf of |
15 | | the DROP member. |
16 | | (f) DROP members shall make contributions to the Fund |
17 | | during their participation in the DROP in an amount equal to |
18 | | the employee contributions under paragraph (1) of subsection |
19 | | (a) of Section 7-173 and subsection (a) of Section 7-173.1 |
20 | | that would otherwise be required if the DROP member were an |
21 | | active participant of the Fund. Those amounts shall be |
22 | | credited to the general account of the Fund. Earnings paid to |
23 | | DROP members during their participation in the DROP shall be |
24 | | included in the calculation of employer contributions as |
25 | | required in Section 7-172. |
26 | | (g) The amounts credited to the DROP account shall be held |
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1 | | in notional accounts by the Fund and shall be credited |
2 | | interest annually on each January 1 during the DROP period. |
3 | | Interest shall be calculated during the DROP period at a rate |
4 | | equal to the Market Yield on U.S. Treasury Securities at |
5 | | 10-Year Constant Maturity in effect at that time and shall be |
6 | | based on the amount in the DROP member's notional account on |
7 | | December 31 of the preceding year. |
8 | | (h) Upon the later of the expiration or termination of the |
9 | | DROP member's participation in the DROP or the termination of |
10 | | disability benefits being paid to the DROP member, the account |
11 | | balance shall be paid to the DROP member as a lump sum. The |
12 | | Fund shall provide options for the transfer of the account |
13 | | consistent with its fiduciary duty and any applicable State or |
14 | | federal law. An expiration or termination of a DROP member's |
15 | | participation in the DROP may not occur after January 1, 2032. |
16 | | (i) The DROP election is irrevocable, and the DROP member |
17 | | may not access the account prior to termination or expiration |
18 | | of the DROP member's participation in the DROP. The DROP |
19 | | member must terminate employment with the employer upon |
20 | | expiration of his or her participation in the DROP. The DROP |
21 | | member's participation in the DROP shall terminate prior to |
22 | | the expiration date: |
23 | | (1) if the DROP member terminates employment with the |
24 | | employer prior to the expiration of the designated DROP |
25 | | period; |
26 | | (2) if the DROP member becomes eligible for and begins |
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1 | | collecting a disability benefit from the Fund; or |
2 | | (3) upon the death of the DROP member. |
3 | | Upon termination or expiration of the DROP period, the |
4 | | DROP member must separate from the service of all employers |
5 | | under this Article for a period of not less than 60 days. Upon |
6 | | the later of the termination of the DROP or the termination of |
7 | | disability benefits being paid to the DROP member, the DROP |
8 | | member's retirement annuity from the Fund shall commence. |
9 | | (j) The DROP member shall be considered in active service |
10 | | for purposes of eligibility for death and disability benefits. |
11 | | While participating in the DROP, the DROP member shall not |
12 | | accrue additional service credit, including any service |
13 | | accruals, in the Fund and earnings paid to the DROP member |
14 | | while participating in the DROP shall not be included in the |
15 | | calculation of final rate of earnings, regardless of future |
16 | | pay increases, active cost of living adjustments, or |
17 | | promotions. Additionally, the DROP member shall not be |
18 | | eligible to make additional contributions under paragraph (2) |
19 | | of subsection (a) of Section 7-173. During the DROP period, |
20 | | the DROP member shall not be eligible for a distribution of any |
21 | | amounts accrued from previous contributions made under |
22 | | paragraph (2) of subsection (a) of Section 7-173. |
23 | | Eligibility for a surviving spouse benefit under Section |
24 | | 7-154 shall be determined at the time of the DROP election. |
25 | | The pickup of employee contribution requirements in |
26 | | Section 7-173.2 shall be applicable to amounts paid by the |
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1 | | DROP member under subsection (f). |
2 | | Any amounts due to an alternate payee under a Qualified |
3 | | Illinois Domestic Relations Order under Section 1-119 shall be |
4 | | calculated at the time of the DROP election, and such amounts |
5 | | shall be payable at the time of election. |
6 | | If the DROP member's designated beneficiary predeceases |
7 | | the DROP member and the DROP member dies before designating a |
8 | | new beneficiary, the DROP member's DROP account shall be paid |
9 | | to the DROP member's estate. |
10 | | (k) It is intended that the DROP shall not jeopardize the |
11 | | tax-qualified status of the Fund. The Board shall have the |
12 | | authority to adopt rules necessary or appropriate for the DROP |
13 | | to maintain compliance with applicable federal laws and |
14 | | regulations. Notwithstanding any other provision of this |
15 | | Article, all benefits provided under the DROP shall be subject |
16 | | to the requirements and limitations of the Internal Revenue |
17 | | Code of 1986.
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18 | | (40 ILCS 5/14-147.7 new) |
19 | | Sec. 14-147.7. Deferred retirement option plan. |
20 | | (a) As used in this Section: |
21 | | "Deferred retirement option plan" or "DROP" means the plan |
22 | | created under this Section that provides an alternative method |
23 | | of benefit accrual in the System. |
24 | | "Eligible member" means an employee who at the time of |
25 | | election in the DROP, which must occur no later than January 1, |
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1 | | 2027: |
2 | | (1) is employed as a State policeman and has qualified |
3 | | to begin receiving retirement benefits as determined under |
4 | | Section 14-110; |
5 | | (2) has never received a retirement annuity from this |
6 | | System; |
7 | | (3) declines both accelerated pension benefit payment |
8 | | options under Sections 14-147.5 and 14-147.6; |
9 | | (4) provides documentation that he or she will be |
10 | | employed as a State policeman after his or her election to |
11 | | participate in the DROP; and |
12 | | (5) provides proof that he or she is enrolled in an |
13 | | eligible account under Section 457(d) of the Internal |
14 | | Revenue Code of 1986. |
15 | | (b) After the System accepts a determination that the DROP |
16 | | conforms with the federal regulations of qualified plans |
17 | | provided by a firm familiar with such regulations, the DROP |
18 | | shall be made available to eligible members as soon as |
19 | | administratively practicable as determined by the Board. |
20 | | (c) Eligible members must make their election to |
21 | | participate in the DROP in writing with the System in a form |
22 | | acceptable to the System. The System must process the election |
23 | | and begin crediting an account on behalf of the member as soon |
24 | | as is practicable after the election has been received by the |
25 | | System. |
26 | | (d) An eligible member may elect to participate in the |
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1 | | DROP for a period not to exceed 5 years from the date of |
2 | | election, and the duration of that period shall be certified |
3 | | by the Illinois State Police and provided to the System. |
4 | | (e) During the period of the DROP, the System shall credit |
5 | | into a notional account on behalf of the member an amount equal |
6 | | to the monthly amount of retirement annuity the member would |
7 | | otherwise be eligible to receive had the member retired on the |
8 | | date of the election under this Section, minus any amounts |
9 | | required to be deducted under State or federal law, including, |
10 | | but not limited to, payments required under a Qualified |
11 | | Illinois Domestic Relations Order under Section 1-119. Any |
12 | | automatic annual increases that would have otherwise been |
13 | | applied to the member's retirement annuity had the member |
14 | | elected to retire instead of participate in the DROP shall |
15 | | accrue to the member's monthly payment credited to the account |
16 | | prior to the expiration of the DROP and shall otherwise apply |
17 | | to the member's annuity upon expiration of the DROP. The |
18 | | account shall be held on behalf of the member. |
19 | | (f) During the period a member participates in the DROP, |
20 | | the member shall cease all contributions to the System, but |
21 | | shall make the contributions required under Section 24-105.3. |
22 | | (g) The amounts credited to the DROP account shall be held |
23 | | in notional accounts by the System and shall be credited |
24 | | interest annually on January 1. Interest shall be calculated |
25 | | at a rate equal to the Market Yield on U.S. Treasury Securities |
26 | | at 10-Year Constant Maturity in effect at that time and shall |
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1 | | be based on the amount in the notional account on December 31 |
2 | | of the preceding year. |
3 | | (h) Upon expiration or termination of the member's |
4 | | participation in the DROP, the account balance shall be paid |
5 | | to the member as a lump sum. The System shall provide options |
6 | | for the transfer of the account consistent with its fiduciary |
7 | | duties and any applicable State or federal law. An expiration |
8 | | or termination of a member's participation in DROP may not |
9 | | occur after January 1, 2032. |
10 | | (i) The DROP election is irrevocable, and the member may |
11 | | not access the account prior to termination or expiration of |
12 | | the member's participation in DROP. The member must terminate |
13 | | employment with the Illinois State Police upon expiration of |
14 | | the member's participation in DROP. The member's participation |
15 | | in the DROP shall terminate prior to the expiration date: |
16 | | (1) if the member terminates employment with the |
17 | | Illinois State Police prior to the expiration of the |
18 | | designated DROP period; |
19 | | (2) if the member receives income under the Public |
20 | | Employee Disability Act, the Workers' Compensation Act, or |
21 | | the Workers' Occupational Diseases Act; or |
22 | | (3) upon the death of the member. |
23 | | The monthly benefit payment accruals that are credited to |
24 | | the DROP member's notional account shall cease immediately |
25 | | upon the occurrence of any of the events as described in this |
26 | | subsection (i). |
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1 | | (j) A member in the DROP or his or her beneficiary is not |
2 | | eligible for the benefits provided in Section 14-116, 14-123, |
3 | | 14-123.1, 14-124, 14-128, 14-130, 14-147.5, or 14-147.6 while |
4 | | participating in the DROP. |
5 | | The member shall not accrue or establish additional |
6 | | service or earnings credits in the System while participating |
7 | | in the DROP. |
8 | | Any amounts due to an alternate payee under a Qualified |
9 | | Illinois Domestic Relations Order under Section 1-119 shall be |
10 | | calculated at the time of the DROP election and such amounts |
11 | | shall be payable at the time of election. |
12 | | If the member's designated beneficiary predeceases the |
13 | | member and the member dies before designating a new |
14 | | beneficiary, the member's DROP account shall be paid to the |
15 | | member's estate. |
16 | | (k) It is intended that the DROP shall not jeopardize the |
17 | | tax qualified status of the System. The Board shall have the |
18 | | authority to adopt rules and policies necessary or |
19 | | appropriate, including adopting emergency rules, for the DROP |
20 | | to maintain compliance with applicable federal laws and |
21 | | regulations. Notwithstanding any other provision of this |
22 | | Article, all benefits provided under the DROP shall be subject |
23 | | to the requirements and limitations of the Internal Revenue |
24 | | Code of 1986.
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25 | | (40 ILCS 5/14-152.1) |
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1 | | Sec. 14-152.1. Application and expiration of new benefit |
2 | | increases. |
3 | | (a) As used in this Section, "new benefit increase" means |
4 | | an increase in the amount of any benefit provided under this |
5 | | Article, or an expansion of the conditions of eligibility for |
6 | | any benefit under this Article, that results from an amendment |
7 | | to this Code that takes effect after June 1, 2005 (the |
8 | | effective date of Public Act 94-4). "New benefit increase", |
9 | | however, does not include any benefit increase resulting from |
10 | | the changes made to Article 1 or this Article by Public Act |
11 | | 96-37, Public Act 100-23, Public Act 100-587, Public Act |
12 | | 100-611, Public Act 101-10, Public Act 101-610, Public Act |
13 | | 102-210, or this amendatory Act of the 102nd General Assembly |
14 | | this amendatory Act of the 102nd General Assembly .
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15 | | (b) Notwithstanding any other provision of this Code or |
16 | | any subsequent amendment to this Code, every new benefit |
17 | | increase is subject to this Section and shall be deemed to be |
18 | | granted only in conformance with and contingent upon |
19 | | compliance with the provisions of this Section.
|
20 | | (c) The Public Act enacting a new benefit increase must |
21 | | identify and provide for payment to the System of additional |
22 | | funding at least sufficient to fund the resulting annual |
23 | | increase in cost to the System as it accrues. |
24 | | Every new benefit increase is contingent upon the General |
25 | | Assembly providing the additional funding required under this |
26 | | subsection. The Commission on Government Forecasting and |
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1 | | Accountability shall analyze whether adequate additional |
2 | | funding has been provided for the new benefit increase and |
3 | | shall report its analysis to the Public Pension Division of |
4 | | the Department of Insurance. A new benefit increase created by |
5 | | a Public Act that does not include the additional funding |
6 | | required under this subsection is null and void. If the Public |
7 | | Pension Division determines that the additional funding |
8 | | provided for a new benefit increase under this subsection is |
9 | | or has become inadequate, it may so certify to the Governor and |
10 | | the State Comptroller and, in the absence of corrective action |
11 | | by the General Assembly, the new benefit increase shall expire |
12 | | at the end of the fiscal year in which the certification is |
13 | | made.
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14 | | (d) Every new benefit increase shall expire 5 years after |
15 | | its effective date or on such earlier date as may be specified |
16 | | in the language enacting the new benefit increase or provided |
17 | | under subsection (c). This does not prevent the General |
18 | | Assembly from extending or re-creating a new benefit increase |
19 | | by law. |
20 | | (e) Except as otherwise provided in the language creating |
21 | | the new benefit increase, a new benefit increase that expires |
22 | | under this Section continues to apply to persons who applied |
23 | | and qualified for the affected benefit while the new benefit |
24 | | increase was in effect and to the affected beneficiaries and |
25 | | alternate payees of such persons, but does not apply to any |
26 | | other person, including, without limitation, a person who |
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1 | | continues in service after the expiration date and did not |
2 | | apply and qualify for the affected benefit while the new |
3 | | benefit increase was in effect.
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4 | | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; |
5 | | 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
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6 | | (40 ILCS 5/24-105.3 new) |
7 | | Sec. 24-105.3. Automatic enrollment and required |
8 | | participation; deferred retirement option plan. An employee |
9 | | who participates in the deferred retirement option plan under |
10 | | Section 14-147.7 shall have at least 7.6% of his or her pretax |
11 | | gross compensation for each compensation period deferred into |
12 | | his or her deferred compensation account. |
13 | | The Department of Central Management Services shall |
14 | | automatically enroll in the State Employees Deferred |
15 | | Compensation Plan any employee who elects to participate in |
16 | | the deferred retirement option plan under Section 14-147.7 and |
17 | | is not already enrolled in the State Employees Deferred |
18 | | Compensation Plan. The Illinois State Police shall provide the |
19 | | employee data necessary for enrollment to the Department of |
20 | | Central Management Services or its designee. An employee who |
21 | | participates in the deferred retirement option plan under |
22 | | Section 14-147.7 may increase the percentage of pretax gross |
23 | | compensation that is deferred into his or her account to the |
24 | | amount limited by the federal government.
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1 | | Section 25. The Illinois Police Training Act is amended by |
2 | | adding Section 3.2 as follows:
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3 | | (50 ILCS 705/3.2 new) |
4 | | Sec. 3.2. Illinois Law Enforcement Recruitment and |
5 | | Retention Board. |
6 | | (a) There is hereby created the Illinois Law Enforcement |
7 | | Recruitment and Retention Board. The Board shall be composed |
8 | | of: |
9 | | (1) one individual who is employed as a municipal law |
10 | | enforcement officer in a municipality with less than |
11 | | 1,000,000 people, appointed by the Senate President; |
12 | | (2) one individual who is employed as a deputy |
13 | | sheriff, appointed by the Senate Minority Leader of the |
14 | | Senate; |
15 | | (3) one individual who is a chief of police in a |
16 | | municipality with less than 1,000,000 people, appointed by |
17 | | the Speaker of the House of Representatives; |
18 | | (4) one individual who is a sheriff, appointed by the |
19 | | Minority Leader of the House of Representatives; |
20 | | (5) the Executive Director of the Illinois Law |
21 | | Enforcement Training Standards Board, or the Executive |
22 | | Director's designee; and |
23 | | (6) the Superintendent of the Chicago Police |
24 | | Department, or the Superintendent's designee. |
25 | | The Executive Director of the Illinois Law Enforcement |
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1 | | Training Standards Board shall be the chairperson of the Board |
2 | | until the Board elects officers. |
3 | | Each appointed member shall serve for a term of 4 years. |
4 | | The Board shall meet at least quarterly and as often as is |
5 | | necessary to accomplish the Board's duties under this Section. |
6 | | Board members shall not be paid but may be reimbursed for the |
7 | | actual costs of travel to Board meetings. |
8 | | (b) The Board shall review proposals and award grants for |
9 | | law enforcement personnel recruitment and retention efforts by |
10 | | employers of law enforcement personnel in Illinois or |
11 | | nonprofit entities that have established experience in |
12 | | recruitment and retention efforts in Illinois. The Board shall |
13 | | choose such employers or nonprofit entities to be awarded |
14 | | grant funds from the Law Enforcement Recruitment and Retention |
15 | | Fund. The Board shall establish forms and procedures for |
16 | | applying for grants. The Board shall establish procedures and |
17 | | processes for reviewing grants and making awards. In |
18 | | establishing these procedures and processes, the Board shall |
19 | | prioritize (1) serving underserved areas, (2) targeting grant |
20 | | requests that have a high likelihood of achieving the stated |
21 | | goals of the Board, (3) achieving geographic diversity among |
22 | | applicants that are awarded grants, (4) maximizing the effects |
23 | | of moneys spent on the actual recruitment and retention of law |
24 | | enforcement personnel, and (5) providing grants that can |
25 | | impact multiple employers either directly with the grant or by |
26 | | providing repeatable actions for other employers. |
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1 | | (c) The Illinois Law Enforcement Training Standards Board |
2 | | shall provide meeting space, either virtual or physical, as |
3 | | required. The Illinois Law Enforcement Training Standards |
4 | | Board shall provide staff and administrative support to the |
5 | | Illinois Law Enforcement Recruitment and Retention Board, and |
6 | | the Illinois Law Enforcement Recruitment and Retention Board |
7 | | may reimburse the Illinois Law Enforcement Training Standards |
8 | | Board from the Law Enforcement Recruitment and Retention Fund |
9 | | by mutual agreement. |
10 | | (d) Any award or grant made under this Section is |
11 | | contingent on there being sufficient appropriations to and |
12 | | moneys available in the Law Enforcement Recruitment and |
13 | | Retention Fund.
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14 | | Section 30. The Law Enforcement Intern Training Act is |
15 | | amended by adding Section 24 as follows:
|
16 | | (50 ILCS 708/24 new) |
17 | | Sec. 24. Transfer credits from public institutions of |
18 | | higher education. |
19 | | (a) As used in this Section, "public institutions of |
20 | | higher education" has the meaning ascribed to that term in the |
21 | | Board of Higher Education Act. |
22 | | (b) The Board shall collaborate with the Illinois |
23 | | Community College Board and the Board of Higher Education to |
24 | | create a report with recommendations to the General Assembly |
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1 | | for establishing minimum requirements for credits that may |
2 | | transfer from public institutions of higher education to |
3 | | satisfy the requirements of law enforcement and correctional |
4 | | intern courses under this Act. |
5 | | (c) The report shall be submitted to the General Assembly |
6 | | no later than July 1, 2023.
|
7 | | Section 35. The Counties Code is amended by adding Section |
8 | | 3-6042 as follows:
|
9 | | (55 ILCS 5/3-6042 new) |
10 | | Sec. 3-6042. Retiring employee; purchase of service |
11 | | firearm and badge. Each Sheriff shall establish a program to |
12 | | allow an employee of the Sheriff's Department who is honorably |
13 | | retiring in good standing to purchase either one or both of the |
14 | | following: (1) any badge previously issued to the employee by |
15 | | the Sheriff's Department; or (2) if the employee has a |
16 | | currently valid Firearm Owner's Identification Card, the |
17 | | service firearm issued or previously issued to the employee by |
18 | | the Sheriff's Department. The badge must be permanently and |
19 | | conspicuously marked in such a manner that the individual who |
20 | | possesses the badge is not mistaken for an actively serving |
21 | | law enforcement officer. The cost of the firearm shall be the |
22 | | replacement value of the firearm and not the firearm's fair |
23 | | market value.
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1 | | Section 40. The Illinois Gambling Act is amended by adding |
2 | | Section 5.4 as follows:
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3 | | (230 ILCS 10/5.4 new) |
4 | | Sec. 5.4. Retiring investigators; purchase of service |
5 | | firearm and badge. The Board shall establish a program to |
6 | | allow an investigator appointed under paragraph (20.6) of |
7 | | subsection (c) of Section 4 who is honorably retiring in good |
8 | | standing to purchase either one or both of the following: (1) |
9 | | any badge previously issued to the investigator by the Board; |
10 | | or (2) if the investigator has a currently valid Firearm |
11 | | Owner's Identification Card, the service firearm issued or |
12 | | previously issued to the investigator by the Board. The badge |
13 | | must be permanently and conspicuously marked in such a manner |
14 | | that the individual who possesses the badge is not mistaken |
15 | | for an actively serving law enforcement officer. The cost of |
16 | | the firearm shall be the replacement value of the firearm and |
17 | | not the firearm's fair market value.
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18 | | Section 45. The Unified Code of Corrections is amended by |
19 | | adding Section 3-2-10.5 as follows:
|
20 | | (730 ILCS 5/3-2-10.5 new) |
21 | | Sec. 3-2-10.5. Retiring security employees and parole |
22 | | agents; purchase of service firearm and badge. The Director |
23 | | shall establish a program to allow a security employee or |
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1 | | parole agent of the Department who is honorably retiring in |
2 | | good standing to purchase either one or both of the following: |
3 | | (1) any badge previously issued to the security employee or |
4 | | parole agent by the Department; or (2) if the security |
5 | | employee or parole agent has a currently valid Firearm Owner's |
6 | | Identification Card, the service firearm issued or previously |
7 | | issued to the security employee or parole agent by the |
8 | | Department. The badge must be permanently and conspicuously |
9 | | marked in such a manner that the individual who possesses the |
10 | | badge is not mistaken for an actively serving law enforcement |
11 | | officer. The cost of the firearm shall be the replacement |
12 | | value of the firearm and not the firearm's fair market value.
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13 | | Section 50. The Probation and Probation Officers Act is |
14 | | amended by adding Section 15.2 as follows:
|
15 | | (730 ILCS 110/15.2 new) |
16 | | Sec. 15.2. Retiring probation officer; purchase of service |
17 | | firearm and badge. Each department shall establish a program |
18 | | to allow a probation officer of the department who is |
19 | | honorably retiring in good standing to purchase either one or |
20 | | both of the following: (1) any badge previously issued to the |
21 | | probation officer by the department; or (2) if the probation |
22 | | officer has a currently valid Firearm Owner's Identification |
23 | | Card, the service firearm issued or previously issued to the |
24 | | probation officer by the department. The badge must be |
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1 | | permanently and conspicuously marked in such a manner that the |
2 | | individual who possesses the badge is not mistaken for an |
3 | | actively serving law enforcement officer. The cost of the |
4 | | firearm shall be the replacement value of the firearm and not |
5 | | the firearm's fair market value.
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6 | | Section 99. Effective date. This Act takes effect upon |
7 | | becoming law, except that Section 25 takes effect July 1, 2023 |
8 | | and Section 30 takes effect January 1, 2023.
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