Bill Text: IL HB1605 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Counties Code and the Illinois Municipal Code. Provides that no county or municipality may prohibit a charitable organization from soliciting for charitable purposes, including solicitations taking place on public roadways from passing motorists, if certain requirements are met. Sets forth the requirements concerning the solicitation regarding the groups involved, application requirements, and liability insurance. Defines "local agency" to mean a municipality, county, special district, fire district, joint powers of authority, or other political subdivision of the State of Illinois. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-01-08 - Session Sine Die [HB1605 Detail]

Download: Illinois-2011-HB1605-Amended.html

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Sen. Don Harmon

Filed: 5/16/2012

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AMENDMENT TO HOUSE BILL 1605
AMENDMENT NO. ______. Amend House Bill 1605 AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Pension Code is amended by
changing Sections 3-124.1 and 4-117 and by adding Sections
3-124.3 and 4-117.2 as follows:
(40 ILCS 5/3-124.1) (from Ch. 108 1/2, par. 3-124.1)
Sec. 3-124.1. Re-entry into active service.
(a) If a police officer who is receiving pension payments
other than as provided in Section 3-109.3 or Section 3-124.3
re-enters active service, pension payment shall be suspended
while he or she is in service. When he or she again retires,
pension payments shall be resumed. If the police officer
remains in service after re-entry for a period of less than 5
years, the pension shall be the same as upon first retirement.

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If the officer's service after re-entry is at least 5 years and
the officer makes the required contributions during the period
of re-entry, his or her pension shall be recomputed by taking
into account the additional period of service and salary.
(Source: P.A. 91-939, eff. 2-1-01.)
(40 ILCS 5/3-124.3 new)
Sec. 3-124.3. Pension payments during contractual return
to active service.
(a) Notwithstanding any other provisions of this Code, if a
police officer receiving pension payments accepts on a
contractual basis a position to provide services to a
municipality from which he or she has retired, then that police
officer shall continue to receive the pension payments earned
during active service, provided:
(1) he or she is at least age 55 and has at least 30
years of service;
(2) his or her annual salary during the period of
contractual service is not more than 35% of his or her
salary from the last 12 months preceding retirement;
(3) his or her salary did not increase by more than 10%
per year during the 2 years preceding retirement; and
(4) the contractual employment is for a period not
exceeding the lesser of (i) 75 working days or (ii) 600
hours in any calendar year. Any part of a day on
contractual employment is considered a full day of

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employment.
(b) The municipality shall pay to the pension fund an
amount equal to 14% of the annual salary of the police officer
during each calendar year, or portion thereof, that he or she
is performing contractual service as described in subsection
(a).
(c) Except as set forth in subsection (b) of this Section,
no employer contribution shall be required from a municipality
for any police officer providing contractual service as
described in subsection (a) of this Section. No contribution
shall be required pursuant to Section 3-125.1 from any police
officer performing contractual service as described in
subsection (a) of this Section.
(d) The period of contractual service described in
subsection (a) of this Section shall not provide a basis for
the recomputation of the police officer's pension.
(40 ILCS 5/4-117) (from Ch. 108 1/2, par. 4-117)
Sec. 4-117. Reentry into active service.
(a) Except as set forth in Section 4-117.2, if If a
firefighter receiving pension payments reenters active
service, pension payments shall be suspended while he or she is
in service. If the firefighter again retires or is discharged,
his or her monthly pension shall be resumed in the same amount
as was paid upon first retirement or discharge unless he or she
remained in active service 3 or more years after re-entry in

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which case the monthly pension shall be based on the salary
attached to the firefighter's rank at the date of last
retirement.
(b) If a deferred pensioner re-enters active service, and
again retires or is discharged from the fire service, his or
her pension shall be based on the salary attached to the rank
held in the fire service at the date of earlier retirement,
unless the firefighter remains in active service for 3 or more
years after re-entry, in which case the monthly pension shall
be based on the salary attached to the firefighter's rank at
the date of last retirement.
(c) If a pensioner or deferred pensioner re-enters or is
recalled to active service and is thereafter injured, and the
injury is not related to an injury for which he or she was
previously receiving a disability pension, the 3 year service
requirement shall not apply in order for the firefighter to
qualify for the increased pension based on the rate of pay at
the time of the new injury.
(Source: P.A. 83-1440.)
(40 ILCS 5/4-117.2 new)
Sec. 4-117.2. Pension payments during contractual return
to active service.
(a) Notwithstanding any other provisions of this Code, if a
firefighter receiving pension payments accepts on a
contractual basis a position to provide services to a

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municipality from which he or she has retired, then that
firefighter shall continue to receive the pension payments
earned during active service, provided:
(1) he or she is at least age 55 and has at least 30
years of service;
(2) his or her annual salary during the period of
contractual service is not more than 35% of his or her
salary from the last 12 months preceding retirement;
(3) his or her salary did not increase by more than 10%
per year during the 2 years preceding retirement; and
(4) the contractual employment is for a period not
exceeding the lesser of (i) 75 working days or (ii) 600
hours in any calendar year. Any part of a day on
contractual employment is considered a full day of
employment.
(b) The municipality shall pay to the pension fund an
amount equal to 14% of the annual salary of the firefighter
during each calendar year, or portion thereof, that he or she
is performing contractual service as described in subsection
(a).
(c) Except as set forth in subsection (b) of this Section,
no employer contribution shall be required from a municipality
for any firefighter providing contractual service as described
in subsection (a) of this Section. No contribution shall be
required pursuant to Section 4-118.1 from any firefighter
performing contractual service as described in subsection (a)

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of this Section
(d) The period of contractual service described in
subsection (a) of this Section shall not provide a basis for
the recomputation of the firefighter's pension.".