Illinois 2023-2024 Regular Session

Illinois House Bill HB1299 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1299 Introduced , by Rep. Michael T. Marron SYNOPSIS AS INTRODUCED: 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 Amends the State Employee Article of the Illinois Pension Code. Provides that the alternative retirement annuity provisions apply to a Tier 2 State highway maintenance worker. Authorizes a Tier 2 State highway maintenance worker to convert up to 8 years of certain service credit established before the effective date of the amendatory Act into eligible creditable service under the alternative retirement annuity provisions upon application and payment of a specified contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". LRB103 05659 RPS 50678 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1299 Introduced , by Rep. Michael T. Marron SYNOPSIS AS INTRODUCED: 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 Amends the State Employee Article of the Illinois Pension Code. Provides that the alternative retirement annuity provisions apply to a Tier 2 State highway maintenance worker. Authorizes a Tier 2 State highway maintenance worker to convert up to 8 years of certain service credit established before the effective date of the amendatory Act into eligible creditable service under the alternative retirement annuity provisions upon application and payment of a specified contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". LRB103 05659 RPS 50678 b LRB103 05659 RPS 50678 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1299 Introduced , by Rep. Michael T. Marron SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
4	4	40 ILCS 5/1-160
5	5	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
6	6	40 ILCS 5/14-152.1
7	7	Amends the State Employee Article of the Illinois Pension Code. Provides that the alternative retirement annuity provisions apply to a Tier 2 State highway maintenance worker. Authorizes a Tier 2 State highway maintenance worker to convert up to 8 years of certain service credit established before the effective date of the amendatory Act into eligible creditable service under the alternative retirement annuity provisions upon application and payment of a specified contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase".
8	8	LRB103 05659 RPS 50678 b LRB103 05659 RPS 50678 b
9	9	LRB103 05659 RPS 50678 b
10	10	A BILL FOR
11	11	HB1299LRB103 05659 RPS 50678 b HB1299 LRB103 05659 RPS 50678 b
12	12	HB1299 LRB103 05659 RPS 50678 b
13	13	1 AN ACT concerning public employee benefits.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Illinois Pension Code is amended by
17	17	5 changing Sections 1-160, 14-110, and 14-152.1 as follows:
18	18	6 (40 ILCS 5/1-160)
19	19	7 (Text of Section from P.A. 102-719)
20	20	8 Sec. 1-160. Provisions applicable to new hires.
21	21	9 (a) The provisions of this Section apply to a person who,
22	22	10 on or after January 1, 2011, first becomes a member or a
23	23	11 participant under any reciprocal retirement system or pension
24	24	12 fund established under this Code, other than a retirement
25	25	13 system or pension fund established under Article 2, 3, 4, 5, 6,
26	26	14 7, 15, or 18 of this Code, notwithstanding any other provision
27	27	15 of this Code to the contrary, but do not apply to any
28	28	16 self-managed plan established under this Code or to any
29	29	17 participant of the retirement plan established under Section
30	30	18 22-101; except that this Section applies to a person who
31	31	19 elected to establish alternative credits by electing in
32	32	20 writing after January 1, 2011, but before August 8, 2011,
33	33	21 under Section 7-145.1 of this Code. Notwithstanding anything
34	34	22 to the contrary in this Section, for purposes of this Section,
35	35	23 a person who is a Tier 1 regular employee as defined in Section
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1299 Introduced , by Rep. Michael T. Marron SYNOPSIS AS INTRODUCED:
40	40	40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
41	41	40 ILCS 5/1-160
42	42	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
43	43	40 ILCS 5/14-152.1
44	44	Amends the State Employee Article of the Illinois Pension Code. Provides that the alternative retirement annuity provisions apply to a Tier 2 State highway maintenance worker. Authorizes a Tier 2 State highway maintenance worker to convert up to 8 years of certain service credit established before the effective date of the amendatory Act into eligible creditable service under the alternative retirement annuity provisions upon application and payment of a specified contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase".
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46	46	LRB103 05659 RPS 50678 b
47	47	A BILL FOR
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53	53	40 ILCS 5/1-160
54	54	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
55	55	40 ILCS 5/14-152.1
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74	74	1 7-109.4 of this Code or who participated in a retirement
75	75	2 system under Article 15 prior to January 1, 2011 shall be
76	76	3 deemed a person who first became a member or participant prior
77	77	4 to January 1, 2011 under any retirement system or pension fund
78	78	5 subject to this Section. The changes made to this Section by
79	79	6 Public Act 98-596 are a clarification of existing law and are
80	80	7 intended to be retroactive to January 1, 2011 (the effective
81	81	8 date of Public Act 96-889), notwithstanding the provisions of
82	82	9 Section 1-103.1 of this Code.
83	83	10 This Section does not apply to a person who first becomes a
84	84	11 noncovered employee under Article 14 on or after the
85	85	12 implementation date of the plan created under Section 1-161
86	86	13 for that Article, unless that person elects under subsection
87	87	14 (b) of Section 1-161 to instead receive the benefits provided
88	88	15 under this Section and the applicable provisions of that
89	89	16 Article.
90	90	17 This Section does not apply to a person who first becomes a
91	91	18 member or participant under Article 16 on or after the
92	92	19 implementation date of the plan created under Section 1-161
93	93	20 for that Article, unless that person elects under subsection
94	94	21 (b) of Section 1-161 to instead receive the benefits provided
95	95	22 under this Section and the applicable provisions of that
96	96	23 Article.
97	97	24 This Section does not apply to a person who elects under
98	98	25 subsection (c-5) of Section 1-161 to receive the benefits
99	99	26 under Section 1-161.
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110	110	1 This Section does not apply to a person who first becomes a
111	111	2 member or participant of an affected pension fund on or after 6
112	112	3 months after the resolution or ordinance date, as defined in
113	113	4 Section 1-162, unless that person elects under subsection (c)
114	114	5 of Section 1-162 to receive the benefits provided under this
115	115	6 Section and the applicable provisions of the Article under
116	116	7 which he or she is a member or participant.
117	117	8 (b) "Final average salary" means, except as otherwise
118	118	9 provided in this subsection, the average monthly (or annual)
119	119	10 salary obtained by dividing the total salary or earnings
120	120	11 calculated under the Article applicable to the member or
121	121	12 participant during the 96 consecutive months (or 8 consecutive
122	122	13 years) of service within the last 120 months (or 10 years) of
123	123	14 service in which the total salary or earnings calculated under
124	124	15 the applicable Article was the highest by the number of months
125	125	16 (or years) of service in that period. For the purposes of a
126	126	17 person who first becomes a member or participant of any
127	127	18 retirement system or pension fund to which this Section
128	128	19 applies on or after January 1, 2011, in this Code, "final
129	129	20 average salary" shall be substituted for the following:
130	130	21 (1) (Blank).
131	131	22 (2) In Articles 8, 9, 10, 11, and 12, "highest average
132	132	23 annual salary for any 4 consecutive years within the last
133	133	24 10 years of service immediately preceding the date of
134	134	25 withdrawal".
135	135	26 (3) In Article 13, "average final salary".
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146	146	1 (4) In Article 14, "final average compensation".
147	147	2 (5) In Article 17, "average salary".
148	148	3 (6) In Section 22-207, "wages or salary received by
149	149	4 him at the date of retirement or discharge".
150	150	5 A member of the Teachers' Retirement System of the State
151	151	6 of Illinois who retires on or after June 1, 2021 and for whom
152	152	7 the 2020-2021 school year is used in the calculation of the
153	153	8 member's final average salary shall use the higher of the
154	154	9 following for the purpose of determining the member's final
155	155	10 average salary:
156	156	11 (A) the amount otherwise calculated under the first
157	157	12 paragraph of this subsection; or
158	158	13 (B) an amount calculated by the Teachers' Retirement
159	159	14 System of the State of Illinois using the average of the
160	160	15 monthly (or annual) salary obtained by dividing the total
161	161	16 salary or earnings calculated under Article 16 applicable
162	162	17 to the member or participant during the 96 months (or 8
163	163	18 years) of service within the last 120 months (or 10 years)
164	164	19 of service in which the total salary or earnings
165	165	20 calculated under the Article was the highest by the number
166	166	21 of months (or years) of service in that period.
167	167	22 (b-5) Beginning on January 1, 2011, for all purposes under
168	168	23 this Code (including without limitation the calculation of
169	169	24 benefits and employee contributions), the annual earnings,
170	170	25 salary, or wages (based on the plan year) of a member or
171	171	26 participant to whom this Section applies shall not exceed
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182	182	1 $106,800; however, that amount shall annually thereafter be
183	183	2 increased by the lesser of (i) 3% of that amount, including all
184	184	3 previous adjustments, or (ii) one-half the annual unadjusted
185	185	4 percentage increase (but not less than zero) in the consumer
186	186	5 price index-u for the 12 months ending with the September
187	187	6 preceding each November 1, including all previous adjustments.
188	188	7 For the purposes of this Section, "consumer price index-u"
189	189	8 means the index published by the Bureau of Labor Statistics of
190	190	9 the United States Department of Labor that measures the
191	191	10 average change in prices of goods and services purchased by
192	192	11 all urban consumers, United States city average, all items,
193	193	12 1982-84 = 100. The new amount resulting from each annual
194	194	13 adjustment shall be determined by the Public Pension Division
195	195	14 of the Department of Insurance and made available to the
196	196	15 boards of the retirement systems and pension funds by November
197	197	16 1 of each year.
198	198	17 (c) A member or participant is entitled to a retirement
199	199	18 annuity upon written application if he or she has attained age
200	200	19 67 (age 65, with respect to service under Article 12 that is
201	201	20 subject to this Section, for a member or participant under
202	202	21 Article 12 who first becomes a member or participant under
203	203	22 Article 12 on or after January 1, 2022 or who makes the
204	204	23 election under item (i) of subsection (d-15) of this Section)
205	205	24 and has at least 10 years of service credit and is otherwise
206	206	25 eligible under the requirements of the applicable Article.
207	207	26 A member or participant who has attained age 62 (age 60,
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218	218	1 with respect to service under Article 12 that is subject to
219	219	2 this Section, for a member or participant under Article 12 who
220	220	3 first becomes a member or participant under Article 12 on or
221	221	4 after January 1, 2022 or who makes the election under item (i)
222	222	5 of subsection (d-15) of this Section) and has at least 10 years
223	223	6 of service credit and is otherwise eligible under the
224	224	7 requirements of the applicable Article may elect to receive
225	225	8 the lower retirement annuity provided in subsection (d) of
226	226	9 this Section.
227	227	10 (c-5) A person who first becomes a member or a participant
228	228	11 subject to this Section on or after July 6, 2017 (the effective
229	229	12 date of Public Act 100-23), notwithstanding any other
230	230	13 provision of this Code to the contrary, is entitled to a
231	231	14 retirement annuity under Article 8 or Article 11 upon written
232	232	15 application if he or she has attained age 65 and has at least
233	233	16 10 years of service credit and is otherwise eligible under the
234	234	17 requirements of Article 8 or Article 11 of this Code,
235	235	18 whichever is applicable.
236	236	19 (d) The retirement annuity of a member or participant who
237	237	20 is retiring after attaining age 62 (age 60, with respect to
238	238	21 service under Article 12 that is subject to this Section, for a
239	239	22 member or participant under Article 12 who first becomes a
240	240	23 member or participant under Article 12 on or after January 1,
241	241	24 2022 or who makes the election under item (i) of subsection
242	242	25 (d-15) of this Section) with at least 10 years of service
243	243	26 credit shall be reduced by one-half of 1% for each full month
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254	254	1 that the member's age is under age 67 (age 65, with respect to
255	255	2 service under Article 12 that is subject to this Section, for a
256	256	3 member or participant under Article 12 who first becomes a
257	257	4 member or participant under Article 12 on or after January 1,
258	258	5 2022 or who makes the election under item (i) of subsection
259	259	6 (d-15) of this Section).
260	260	7 (d-5) The retirement annuity payable under Article 8 or
261	261	8 Article 11 to an eligible person subject to subsection (c-5)
262	262	9 of this Section who is retiring at age 60 with at least 10
263	263	10 years of service credit shall be reduced by one-half of 1% for
264	264	11 each full month that the member's age is under age 65.
265	265	12 (d-10) Each person who first became a member or
266	266	13 participant under Article 8 or Article 11 of this Code on or
267	267	14 after January 1, 2011 and prior to July 6, 2017 (the effective
268	268	15 date of Public Act 100-23) shall make an irrevocable election
269	269	16 either:
270	270	17 (i) to be eligible for the reduced retirement age
271	271	18 provided in subsections (c-5) and (d-5) of this Section,
272	272	19 the eligibility for which is conditioned upon the member
273	273	20 or participant agreeing to the increases in employee
274	274	21 contributions for age and service annuities provided in
275	275	22 subsection (a-5) of Section 8-174 of this Code (for
276	276	23 service under Article 8) or subsection (a-5) of Section
277	277	24 11-170 of this Code (for service under Article 11); or
278	278	25 (ii) to not agree to item (i) of this subsection
279	279	26 (d-10), in which case the member or participant shall
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290	290	1 continue to be subject to the retirement age provisions in
291	291	2 subsections (c) and (d) of this Section and the employee
292	292	3 contributions for age and service annuity as provided in
293	293	4 subsection (a) of Section 8-174 of this Code (for service
294	294	5 under Article 8) or subsection (a) of Section 11-170 of
295	295	6 this Code (for service under Article 11).
296	296	7 The election provided for in this subsection shall be made
297	297	8 between October 1, 2017 and November 15, 2017. A person
298	298	9 subject to this subsection who makes the required election
299	299	10 shall remain bound by that election. A person subject to this
300	300	11 subsection who fails for any reason to make the required
301	301	12 election within the time specified in this subsection shall be
302	302	13 deemed to have made the election under item (ii).
303	303	14 (d-15) Each person who first becomes a member or
304	304	15 participant under Article 12 on or after January 1, 2011 and
305	305	16 prior to January 1, 2022 shall make an irrevocable election
306	306	17 either:
307	307	18 (i) to be eligible for the reduced retirement age
308	308	19 specified in subsections (c) and (d) of this Section, the
309	309	20 eligibility for which is conditioned upon the member or
310	310	21 participant agreeing to the increase in employee
311	311	22 contributions for service annuities specified in
312	312	23 subsection (b) of Section 12-150; or
313	313	24 (ii) to not agree to item (i) of this subsection
314	314	25 (d-15), in which case the member or participant shall not
315	315	26 be eligible for the reduced retirement age specified in
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326	326	1 subsections (c) and (d) of this Section and shall not be
327	327	2 subject to the increase in employee contributions for
328	328	3 service annuities specified in subsection (b) of Section
329	329	4 12-150.
330	330	5 The election provided for in this subsection shall be made
331	331	6 between January 1, 2022 and April 1, 2022. A person subject to
332	332	7 this subsection who makes the required election shall remain
333	333	8 bound by that election. A person subject to this subsection
334	334	9 who fails for any reason to make the required election within
335	335	10 the time specified in this subsection shall be deemed to have
336	336	11 made the election under item (ii).
337	337	12 (e) Any retirement annuity or supplemental annuity shall
338	338	13 be subject to annual increases on the January 1 occurring
339	339	14 either on or after the attainment of age 67 (age 65, with
340	340	15 respect to service under Article 12 that is subject to this
341	341	16 Section, for a member or participant under Article 12 who
342	342	17 first becomes a member or participant under Article 12 on or
343	343	18 after January 1, 2022 or who makes the election under item (i)
344	344	19 of subsection (d-15); and beginning on July 6, 2017 (the
345	345	20 effective date of Public Act 100-23), age 65 with respect to
346	346	21 service under Article 8 or Article 11 for eligible persons
347	347	22 who: (i) are subject to subsection (c-5) of this Section; or
348	348	23 (ii) made the election under item (i) of subsection (d-10) of
349	349	24 this Section) or the first anniversary of the annuity start
350	350	25 date, whichever is later. Each annual increase shall be
351	351	26 calculated at 3% or one-half the annual unadjusted percentage
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362	362	1 increase (but not less than zero) in the consumer price
363	363	2 index-u for the 12 months ending with the September preceding
364	364	3 each November 1, whichever is less, of the originally granted
365	365	4 retirement annuity. If the annual unadjusted percentage change
366	366	5 in the consumer price index-u for the 12 months ending with the
367	367	6 September preceding each November 1 is zero or there is a
368	368	7 decrease, then the annuity shall not be increased.
369	369	8 For the purposes of Section 1-103.1 of this Code, the
370	370	9 changes made to this Section by Public Act 102-263 are
371	371	10 applicable without regard to whether the employee was in
372	372	11 active service on or after August 6, 2021 (the effective date
373	373	12 of Public Act 102-263).
374	374	13 For the purposes of Section 1-103.1 of this Code, the
375	375	14 changes made to this Section by Public Act 100-23 are
376	376	15 applicable without regard to whether the employee was in
377	377	16 active service on or after July 6, 2017 (the effective date of
378	378	17 Public Act 100-23).
379	379	18 (f) The initial survivor's or widow's annuity of an
380	380	19 otherwise eligible survivor or widow of a retired member or
381	381	20 participant who first became a member or participant on or
382	382	21 after January 1, 2011 shall be in the amount of 66 2/3% of the
383	383	22 retired member's or participant's retirement annuity at the
384	384	23 date of death. In the case of the death of a member or
385	385	24 participant who has not retired and who first became a member
386	386	25 or participant on or after January 1, 2011, eligibility for a
387	387	26 survivor's or widow's annuity shall be determined by the
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398	398	1 applicable Article of this Code. The initial benefit shall be
399	399	2 66 2/3% of the earned annuity without a reduction due to age. A
400	400	3 child's annuity of an otherwise eligible child shall be in the
401	401	4 amount prescribed under each Article if applicable. Any
402	402	5 survivor's or widow's annuity shall be increased (1) on each
403	403	6 January 1 occurring on or after the commencement of the
404	404	7 annuity if the deceased member died while receiving a
405	405	8 retirement annuity or (2) in other cases, on each January 1
406	406	9 occurring after the first anniversary of the commencement of
407	407	10 the annuity. Each annual increase shall be calculated at 3% or
408	408	11 one-half the annual unadjusted percentage increase (but not
409	409	12 less than zero) in the consumer price index-u for the 12 months
410	410	13 ending with the September preceding each November 1, whichever
411	411	14 is less, of the originally granted survivor's annuity. If the
412	412	15 annual unadjusted percentage change in the consumer price
413	413	16 index-u for the 12 months ending with the September preceding
414	414	17 each November 1 is zero or there is a decrease, then the
415	415	18 annuity shall not be increased.
416	416	19 (g) The benefits in Section 14-110 apply if the person is a
417	417	20 fire fighter in the fire protection service of a department, a
418	418	21 security employee of the Department of Corrections or the
419	419	22 Department of Juvenile Justice, or a security employee of the
420	420	23 Department of Innovation and Technology, or a State highway
421	421	24 maintenance worker, as those terms are defined in subsection
422	422	25 (b) and subsection (c) of Section 14-110. A person who meets
423	423	26 the requirements of this Section is entitled to an annuity
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434	434	1 calculated under the provisions of Section 14-110, in lieu of
435	435	2 the regular or minimum retirement annuity, only if the person
436	436	3 has withdrawn from service with not less than 20 years of
437	437	4 eligible creditable service and has attained age 60,
438	438	5 regardless of whether the attainment of age 60 occurs while
439	439	6 the person is still in service.
440	440	7 (g-5) The benefits in Section 14-110 apply if the person
441	441	8 is a State policeman, investigator for the Secretary of State,
442	442	9 conservation police officer, investigator for the Department
443	443	10 of Revenue or the Illinois Gaming Board, investigator for the
444	444	11 Office of the Attorney General, Commerce Commission police
445	445	12 officer, or arson investigator, as those terms are defined in
446	446	13 subsection (b) and subsection (c) of Section 14-110. A person
447	447	14 who meets the requirements of this Section is entitled to an
448	448	15 annuity calculated under the provisions of Section 14-110, in
449	449	16 lieu of the regular or minimum retirement annuity, only if the
450	450	17 person has withdrawn from service with not less than 20 years
451	451	18 of eligible creditable service and has attained age 55,
452	452	19 regardless of whether the attainment of age 55 occurs while
453	453	20 the person is still in service.
454	454	21 (h) If a person who first becomes a member or a participant
455	455	22 of a retirement system or pension fund subject to this Section
456	456	23 on or after January 1, 2011 is receiving a retirement annuity
457	457	24 or retirement pension under that system or fund and becomes a
458	458	25 member or participant under any other system or fund created
459	459	26 by this Code and is employed on a full-time basis, except for
460	460
461	461
462	462
463	463
464	464
465	465	HB1299 - 12 - LRB103 05659 RPS 50678 b
466	466
467	467
468	468	HB1299- 13 -LRB103 05659 RPS 50678 b HB1299 - 13 - LRB103 05659 RPS 50678 b
469	469	HB1299 - 13 - LRB103 05659 RPS 50678 b
470	470	1 those members or participants exempted from the provisions of
471	471	2 this Section under subsection (a) of this Section, then the
472	472	3 person's retirement annuity or retirement pension under that
473	473	4 system or fund shall be suspended during that employment. Upon
474	474	5 termination of that employment, the person's retirement
475	475	6 annuity or retirement pension payments shall resume and be
476	476	7 recalculated if recalculation is provided for under the
477	477	8 applicable Article of this Code.
478	478	9 If a person who first becomes a member of a retirement
479	479	10 system or pension fund subject to this Section on or after
480	480	11 January 1, 2012 and is receiving a retirement annuity or
481	481	12 retirement pension under that system or fund and accepts on a
482	482	13 contractual basis a position to provide services to a
483	483	14 governmental entity from which he or she has retired, then
484	484	15 that person's annuity or retirement pension earned as an
485	485	16 active employee of the employer shall be suspended during that
486	486	17 contractual service. A person receiving an annuity or
487	487	18 retirement pension under this Code shall notify the pension
488	488	19 fund or retirement system from which he or she is receiving an
489	489	20 annuity or retirement pension, as well as his or her
490	490	21 contractual employer, of his or her retirement status before
491	491	22 accepting contractual employment. A person who fails to submit
492	492	23 such notification shall be guilty of a Class A misdemeanor and
493	493	24 required to pay a fine of $1,000. Upon termination of that
494	494	25 contractual employment, the person's retirement annuity or
495	495	26 retirement pension payments shall resume and, if appropriate,
496	496
497	497
498	498
499	499
500	500
501	501	HB1299 - 13 - LRB103 05659 RPS 50678 b
502	502
503	503
504	504	HB1299- 14 -LRB103 05659 RPS 50678 b HB1299 - 14 - LRB103 05659 RPS 50678 b
505	505	HB1299 - 14 - LRB103 05659 RPS 50678 b
506	506	1 be recalculated under the applicable provisions of this Code.
507	507	2 (i) (Blank).
508	508	3 (j) In the case of a conflict between the provisions of
509	509	4 this Section and any other provision of this Code, the
510	510	5 provisions of this Section shall control.
511	511	6 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
512	512	7 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff.
513	513	8 5-6-22.)
514	514	9 (Text of Section from P.A. 102-813)
515	515	10 Sec. 1-160. Provisions applicable to new hires.
516	516	11 (a) The provisions of this Section apply to a person who,
517	517	12 on or after January 1, 2011, first becomes a member or a
518	518	13 participant under any reciprocal retirement system or pension
519	519	14 fund established under this Code, other than a retirement
520	520	15 system or pension fund established under Article 2, 3, 4, 5, 6,
521	521	16 7, 15, or 18 of this Code, notwithstanding any other provision
522	522	17 of this Code to the contrary, but do not apply to any
523	523	18 self-managed plan established under this Code or to any
524	524	19 participant of the retirement plan established under Section
525	525	20 22-101; except that this Section applies to a person who
526	526	21 elected to establish alternative credits by electing in
527	527	22 writing after January 1, 2011, but before August 8, 2011,
528	528	23 under Section 7-145.1 of this Code. Notwithstanding anything
529	529	24 to the contrary in this Section, for purposes of this Section,
530	530	25 a person who is a Tier 1 regular employee as defined in Section
531	531
532	532
533	533
534	534
535	535
536	536	HB1299 - 14 - LRB103 05659 RPS 50678 b
537	537
538	538
539	539	HB1299- 15 -LRB103 05659 RPS 50678 b HB1299 - 15 - LRB103 05659 RPS 50678 b
540	540	HB1299 - 15 - LRB103 05659 RPS 50678 b
541	541	1 7-109.4 of this Code or who participated in a retirement
542	542	2 system under Article 15 prior to January 1, 2011 shall be
543	543	3 deemed a person who first became a member or participant prior
544	544	4 to January 1, 2011 under any retirement system or pension fund
545	545	5 subject to this Section. The changes made to this Section by
546	546	6 Public Act 98-596 are a clarification of existing law and are
547	547	7 intended to be retroactive to January 1, 2011 (the effective
548	548	8 date of Public Act 96-889), notwithstanding the provisions of
549	549	9 Section 1-103.1 of this Code.
550	550	10 This Section does not apply to a person who first becomes a
551	551	11 noncovered employee under Article 14 on or after the
552	552	12 implementation date of the plan created under Section 1-161
553	553	13 for that Article, unless that person elects under subsection
554	554	14 (b) of Section 1-161 to instead receive the benefits provided
555	555	15 under this Section and the applicable provisions of that
556	556	16 Article.
557	557	17 This Section does not apply to a person who first becomes a
558	558	18 member or participant under Article 16 on or after the
559	559	19 implementation date of the plan created under Section 1-161
560	560	20 for that Article, unless that person elects under subsection
561	561	21 (b) of Section 1-161 to instead receive the benefits provided
562	562	22 under this Section and the applicable provisions of that
563	563	23 Article.
564	564	24 This Section does not apply to a person who elects under
565	565	25 subsection (c-5) of Section 1-161 to receive the benefits
566	566	26 under Section 1-161.
567	567
568	568
569	569
570	570
571	571
572	572	HB1299 - 15 - LRB103 05659 RPS 50678 b
573	573
574	574
575	575	HB1299- 16 -LRB103 05659 RPS 50678 b HB1299 - 16 - LRB103 05659 RPS 50678 b
576	576	HB1299 - 16 - LRB103 05659 RPS 50678 b
577	577	1 This Section does not apply to a person who first becomes a
578	578	2 member or participant of an affected pension fund on or after 6
579	579	3 months after the resolution or ordinance date, as defined in
580	580	4 Section 1-162, unless that person elects under subsection (c)
581	581	5 of Section 1-162 to receive the benefits provided under this
582	582	6 Section and the applicable provisions of the Article under
583	583	7 which he or she is a member or participant.
584	584	8 (b) "Final average salary" means, except as otherwise
585	585	9 provided in this subsection, the average monthly (or annual)
586	586	10 salary obtained by dividing the total salary or earnings
587	587	11 calculated under the Article applicable to the member or
588	588	12 participant during the 96 consecutive months (or 8 consecutive
589	589	13 years) of service within the last 120 months (or 10 years) of
590	590	14 service in which the total salary or earnings calculated under
591	591	15 the applicable Article was the highest by the number of months
592	592	16 (or years) of service in that period. For the purposes of a
593	593	17 person who first becomes a member or participant of any
594	594	18 retirement system or pension fund to which this Section
595	595	19 applies on or after January 1, 2011, in this Code, "final
596	596	20 average salary" shall be substituted for the following:
597	597	21 (1) (Blank).
598	598	22 (2) In Articles 8, 9, 10, 11, and 12, "highest average
599	599	23 annual salary for any 4 consecutive years within the last
600	600	24 10 years of service immediately preceding the date of
601	601	25 withdrawal".
602	602	26 (3) In Article 13, "average final salary".
603	603
604	604
605	605
606	606
607	607
608	608	HB1299 - 16 - LRB103 05659 RPS 50678 b
609	609
610	610
611	611	HB1299- 17 -LRB103 05659 RPS 50678 b HB1299 - 17 - LRB103 05659 RPS 50678 b
612	612	HB1299 - 17 - LRB103 05659 RPS 50678 b
613	613	1 (4) In Article 14, "final average compensation".
614	614	2 (5) In Article 17, "average salary".
615	615	3 (6) In Section 22-207, "wages or salary received by
616	616	4 him at the date of retirement or discharge".
617	617	5 A member of the Teachers' Retirement System of the State
618	618	6 of Illinois who retires on or after June 1, 2021 and for whom
619	619	7 the 2020-2021 school year is used in the calculation of the
620	620	8 member's final average salary shall use the higher of the
621	621	9 following for the purpose of determining the member's final
622	622	10 average salary:
623	623	11 (A) the amount otherwise calculated under the first
624	624	12 paragraph of this subsection; or
625	625	13 (B) an amount calculated by the Teachers' Retirement
626	626	14 System of the State of Illinois using the average of the
627	627	15 monthly (or annual) salary obtained by dividing the total
628	628	16 salary or earnings calculated under Article 16 applicable
629	629	17 to the member or participant during the 96 months (or 8
630	630	18 years) of service within the last 120 months (or 10 years)
631	631	19 of service in which the total salary or earnings
632	632	20 calculated under the Article was the highest by the number
633	633	21 of months (or years) of service in that period.
634	634	22 (b-5) Beginning on January 1, 2011, for all purposes under
635	635	23 this Code (including without limitation the calculation of
636	636	24 benefits and employee contributions), the annual earnings,
637	637	25 salary, or wages (based on the plan year) of a member or
638	638	26 participant to whom this Section applies shall not exceed
639	639
640	640
641	641
642	642
643	643
644	644	HB1299 - 17 - LRB103 05659 RPS 50678 b
645	645
646	646
647	647	HB1299- 18 -LRB103 05659 RPS 50678 b HB1299 - 18 - LRB103 05659 RPS 50678 b
648	648	HB1299 - 18 - LRB103 05659 RPS 50678 b
649	649	1 $106,800; however, that amount shall annually thereafter be
650	650	2 increased by the lesser of (i) 3% of that amount, including all
651	651	3 previous adjustments, or (ii) one-half the annual unadjusted
652	652	4 percentage increase (but not less than zero) in the consumer
653	653	5 price index-u for the 12 months ending with the September
654	654	6 preceding each November 1, including all previous adjustments.
655	655	7 For the purposes of this Section, "consumer price index-u"
656	656	8 means the index published by the Bureau of Labor Statistics of
657	657	9 the United States Department of Labor that measures the
658	658	10 average change in prices of goods and services purchased by
659	659	11 all urban consumers, United States city average, all items,
660	660	12 1982-84 = 100. The new amount resulting from each annual
661	661	13 adjustment shall be determined by the Public Pension Division
662	662	14 of the Department of Insurance and made available to the
663	663	15 boards of the retirement systems and pension funds by November
664	664	16 1 of each year.
665	665	17 (c) A member or participant is entitled to a retirement
666	666	18 annuity upon written application if he or she has attained age
667	667	19 67 (age 65, with respect to service under Article 12 that is
668	668	20 subject to this Section, for a member or participant under
669	669	21 Article 12 who first becomes a member or participant under
670	670	22 Article 12 on or after January 1, 2022 or who makes the
671	671	23 election under item (i) of subsection (d-15) of this Section)
672	672	24 and has at least 10 years of service credit and is otherwise
673	673	25 eligible under the requirements of the applicable Article.
674	674	26 A member or participant who has attained age 62 (age 60,
675	675
676	676
677	677
678	678
679	679
680	680	HB1299 - 18 - LRB103 05659 RPS 50678 b
681	681
682	682
683	683	HB1299- 19 -LRB103 05659 RPS 50678 b HB1299 - 19 - LRB103 05659 RPS 50678 b
684	684	HB1299 - 19 - LRB103 05659 RPS 50678 b
685	685	1 with respect to service under Article 12 that is subject to
686	686	2 this Section, for a member or participant under Article 12 who
687	687	3 first becomes a member or participant under Article 12 on or
688	688	4 after January 1, 2022 or who makes the election under item (i)
689	689	5 of subsection (d-15) of this Section) and has at least 10 years
690	690	6 of service credit and is otherwise eligible under the
691	691	7 requirements of the applicable Article may elect to receive
692	692	8 the lower retirement annuity provided in subsection (d) of
693	693	9 this Section.
694	694	10 (c-5) A person who first becomes a member or a participant
695	695	11 subject to this Section on or after July 6, 2017 (the effective
696	696	12 date of Public Act 100-23), notwithstanding any other
697	697	13 provision of this Code to the contrary, is entitled to a
698	698	14 retirement annuity under Article 8 or Article 11 upon written
699	699	15 application if he or she has attained age 65 and has at least
700	700	16 10 years of service credit and is otherwise eligible under the
701	701	17 requirements of Article 8 or Article 11 of this Code,
702	702	18 whichever is applicable.
703	703	19 (d) The retirement annuity of a member or participant who
704	704	20 is retiring after attaining age 62 (age 60, with respect to
705	705	21 service under Article 12 that is subject to this Section, for a
706	706	22 member or participant under Article 12 who first becomes a
707	707	23 member or participant under Article 12 on or after January 1,
708	708	24 2022 or who makes the election under item (i) of subsection
709	709	25 (d-15) of this Section) with at least 10 years of service
710	710	26 credit shall be reduced by one-half of 1% for each full month
711	711
712	712
713	713
714	714
715	715
716	716	HB1299 - 19 - LRB103 05659 RPS 50678 b
717	717
718	718
719	719	HB1299- 20 -LRB103 05659 RPS 50678 b HB1299 - 20 - LRB103 05659 RPS 50678 b
720	720	HB1299 - 20 - LRB103 05659 RPS 50678 b
721	721	1 that the member's age is under age 67 (age 65, with respect to
722	722	2 service under Article 12 that is subject to this Section, for a
723	723	3 member or participant under Article 12 who first becomes a
724	724	4 member or participant under Article 12 on or after January 1,
725	725	5 2022 or who makes the election under item (i) of subsection
726	726	6 (d-15) of this Section).
727	727	7 (d-5) The retirement annuity payable under Article 8 or
728	728	8 Article 11 to an eligible person subject to subsection (c-5)
729	729	9 of this Section who is retiring at age 60 with at least 10
730	730	10 years of service credit shall be reduced by one-half of 1% for
731	731	11 each full month that the member's age is under age 65.
732	732	12 (d-10) Each person who first became a member or
733	733	13 participant under Article 8 or Article 11 of this Code on or
734	734	14 after January 1, 2011 and prior to July 6, 2017 (the effective
735	735	15 date of Public Act 100-23) shall make an irrevocable election
736	736	16 either:
737	737	17 (i) to be eligible for the reduced retirement age
738	738	18 provided in subsections (c-5) and (d-5) of this Section,
739	739	19 the eligibility for which is conditioned upon the member
740	740	20 or participant agreeing to the increases in employee
741	741	21 contributions for age and service annuities provided in
742	742	22 subsection (a-5) of Section 8-174 of this Code (for
743	743	23 service under Article 8) or subsection (a-5) of Section
744	744	24 11-170 of this Code (for service under Article 11); or
745	745	25 (ii) to not agree to item (i) of this subsection
746	746	26 (d-10), in which case the member or participant shall
747	747
748	748
749	749
750	750
751	751
752	752	HB1299 - 20 - LRB103 05659 RPS 50678 b
753	753
754	754
755	755	HB1299- 21 -LRB103 05659 RPS 50678 b HB1299 - 21 - LRB103 05659 RPS 50678 b
756	756	HB1299 - 21 - LRB103 05659 RPS 50678 b
757	757	1 continue to be subject to the retirement age provisions in
758	758	2 subsections (c) and (d) of this Section and the employee
759	759	3 contributions for age and service annuity as provided in
760	760	4 subsection (a) of Section 8-174 of this Code (for service
761	761	5 under Article 8) or subsection (a) of Section 11-170 of
762	762	6 this Code (for service under Article 11).
763	763	7 The election provided for in this subsection shall be made
764	764	8 between October 1, 2017 and November 15, 2017. A person
765	765	9 subject to this subsection who makes the required election
766	766	10 shall remain bound by that election. A person subject to this
767	767	11 subsection who fails for any reason to make the required
768	768	12 election within the time specified in this subsection shall be
769	769	13 deemed to have made the election under item (ii).
770	770	14 (d-15) Each person who first becomes a member or
771	771	15 participant under Article 12 on or after January 1, 2011 and
772	772	16 prior to January 1, 2022 shall make an irrevocable election
773	773	17 either:
774	774	18 (i) to be eligible for the reduced retirement age
775	775	19 specified in subsections (c) and (d) of this Section, the
776	776	20 eligibility for which is conditioned upon the member or
777	777	21 participant agreeing to the increase in employee
778	778	22 contributions for service annuities specified in
779	779	23 subsection (b) of Section 12-150; or
780	780	24 (ii) to not agree to item (i) of this subsection
781	781	25 (d-15), in which case the member or participant shall not
782	782	26 be eligible for the reduced retirement age specified in
783	783
784	784
785	785
786	786
787	787
788	788	HB1299 - 21 - LRB103 05659 RPS 50678 b
789	789
790	790
791	791	HB1299- 22 -LRB103 05659 RPS 50678 b HB1299 - 22 - LRB103 05659 RPS 50678 b
792	792	HB1299 - 22 - LRB103 05659 RPS 50678 b
793	793	1 subsections (c) and (d) of this Section and shall not be
794	794	2 subject to the increase in employee contributions for
795	795	3 service annuities specified in subsection (b) of Section
796	796	4 12-150.
797	797	5 The election provided for in this subsection shall be made
798	798	6 between January 1, 2022 and April 1, 2022. A person subject to
799	799	7 this subsection who makes the required election shall remain
800	800	8 bound by that election. A person subject to this subsection
801	801	9 who fails for any reason to make the required election within
802	802	10 the time specified in this subsection shall be deemed to have
803	803	11 made the election under item (ii).
804	804	12 (e) Any retirement annuity or supplemental annuity shall
805	805	13 be subject to annual increases on the January 1 occurring
806	806	14 either on or after the attainment of age 67 (age 65, with
807	807	15 respect to service under Article 12 that is subject to this
808	808	16 Section, for a member or participant under Article 12 who
809	809	17 first becomes a member or participant under Article 12 on or
810	810	18 after January 1, 2022 or who makes the election under item (i)
811	811	19 of subsection (d-15); and beginning on July 6, 2017 (the
812	812	20 effective date of Public Act 100-23), age 65 with respect to
813	813	21 service under Article 8 or Article 11 for eligible persons
814	814	22 who: (i) are subject to subsection (c-5) of this Section; or
815	815	23 (ii) made the election under item (i) of subsection (d-10) of
816	816	24 this Section) or the first anniversary of the annuity start
817	817	25 date, whichever is later. Each annual increase shall be
818	818	26 calculated at 3% or one-half the annual unadjusted percentage
819	819
820	820
821	821
822	822
823	823
824	824	HB1299 - 22 - LRB103 05659 RPS 50678 b
825	825
826	826
827	827	HB1299- 23 -LRB103 05659 RPS 50678 b HB1299 - 23 - LRB103 05659 RPS 50678 b
828	828	HB1299 - 23 - LRB103 05659 RPS 50678 b
829	829	1 increase (but not less than zero) in the consumer price
830	830	2 index-u for the 12 months ending with the September preceding
831	831	3 each November 1, whichever is less, of the originally granted
832	832	4 retirement annuity. If the annual unadjusted percentage change
833	833	5 in the consumer price index-u for the 12 months ending with the
834	834	6 September preceding each November 1 is zero or there is a
835	835	7 decrease, then the annuity shall not be increased.
836	836	8 For the purposes of Section 1-103.1 of this Code, the
837	837	9 changes made to this Section by Public Act 102-263 are
838	838	10 applicable without regard to whether the employee was in
839	839	11 active service on or after August 6, 2021 (the effective date
840	840	12 of Public Act 102-263).
841	841	13 For the purposes of Section 1-103.1 of this Code, the
842	842	14 changes made to this Section by Public Act 100-23 are
843	843	15 applicable without regard to whether the employee was in
844	844	16 active service on or after July 6, 2017 (the effective date of
845	845	17 Public Act 100-23).
846	846	18 (f) The initial survivor's or widow's annuity of an
847	847	19 otherwise eligible survivor or widow of a retired member or
848	848	20 participant who first became a member or participant on or
849	849	21 after January 1, 2011 shall be in the amount of 66 2/3% of the
850	850	22 retired member's or participant's retirement annuity at the
851	851	23 date of death. In the case of the death of a member or
852	852	24 participant who has not retired and who first became a member
853	853	25 or participant on or after January 1, 2011, eligibility for a
854	854	26 survivor's or widow's annuity shall be determined by the
855	855
856	856
857	857
858	858
859	859
860	860	HB1299 - 23 - LRB103 05659 RPS 50678 b
861	861
862	862
863	863	HB1299- 24 -LRB103 05659 RPS 50678 b HB1299 - 24 - LRB103 05659 RPS 50678 b
864	864	HB1299 - 24 - LRB103 05659 RPS 50678 b
865	865	1 applicable Article of this Code. The initial benefit shall be
866	866	2 66 2/3% of the earned annuity without a reduction due to age. A
867	867	3 child's annuity of an otherwise eligible child shall be in the
868	868	4 amount prescribed under each Article if applicable. Any
869	869	5 survivor's or widow's annuity shall be increased (1) on each
870	870	6 January 1 occurring on or after the commencement of the
871	871	7 annuity if the deceased member died while receiving a
872	872	8 retirement annuity or (2) in other cases, on each January 1
873	873	9 occurring after the first anniversary of the commencement of
874	874	10 the annuity. Each annual increase shall be calculated at 3% or
875	875	11 one-half the annual unadjusted percentage increase (but not
876	876	12 less than zero) in the consumer price index-u for the 12 months
877	877	13 ending with the September preceding each November 1, whichever
878	878	14 is less, of the originally granted survivor's annuity. If the
879	879	15 annual unadjusted percentage change in the consumer price
880	880	16 index-u for the 12 months ending with the September preceding
881	881	17 each November 1 is zero or there is a decrease, then the
882	882	18 annuity shall not be increased.
883	883	19 (g) The benefits in Section 14-110 apply only if the
884	884	20 person is a State policeman, a fire fighter in the fire
885	885	21 protection service of a department, a conservation police
886	886	22 officer, an investigator for the Secretary of State, an arson
887	887	23 investigator, a Commerce Commission police officer,
888	888	24 investigator for the Department of Revenue or the Illinois
889	889	25 Gaming Board, a security employee of the Department of
890	890	26 Corrections or the Department of Juvenile Justice, or a
891	891
892	892
893	893
894	894
895	895
896	896	HB1299 - 24 - LRB103 05659 RPS 50678 b
897	897
898	898
899	899	HB1299- 25 -LRB103 05659 RPS 50678 b HB1299 - 25 - LRB103 05659 RPS 50678 b
900	900	HB1299 - 25 - LRB103 05659 RPS 50678 b
901	901	1 security employee of the Department of Innovation and
902	902	2 Technology, or a State highway maintenance worker, as those
903	903	3 terms are defined in subsection (b) and subsection (c) of
904	904	4 Section 14-110. A person who meets the requirements of this
905	905	5 Section is entitled to an annuity calculated under the
906	906	6 provisions of Section 14-110, in lieu of the regular or
907	907	7 minimum retirement annuity, only if the person has withdrawn
908	908	8 from service with not less than 20 years of eligible
909	909	9 creditable service and has attained age 60, regardless of
910	910	10 whether the attainment of age 60 occurs while the person is
911	911	11 still in service.
912	912	12 (h) If a person who first becomes a member or a participant
913	913	13 of a retirement system or pension fund subject to this Section
914	914	14 on or after January 1, 2011 is receiving a retirement annuity
915	915	15 or retirement pension under that system or fund and becomes a
916	916	16 member or participant under any other system or fund created
917	917	17 by this Code and is employed on a full-time basis, except for
918	918	18 those members or participants exempted from the provisions of
919	919	19 this Section under subsection (a) of this Section, then the
920	920	20 person's retirement annuity or retirement pension under that
921	921	21 system or fund shall be suspended during that employment. Upon
922	922	22 termination of that employment, the person's retirement
923	923	23 annuity or retirement pension payments shall resume and be
924	924	24 recalculated if recalculation is provided for under the
925	925	25 applicable Article of this Code.
926	926	26 If a person who first becomes a member of a retirement
927	927
928	928
929	929
930	930
931	931
932	932	HB1299 - 25 - LRB103 05659 RPS 50678 b
933	933
934	934
935	935	HB1299- 26 -LRB103 05659 RPS 50678 b HB1299 - 26 - LRB103 05659 RPS 50678 b
936	936	HB1299 - 26 - LRB103 05659 RPS 50678 b
937	937	1 system or pension fund subject to this Section on or after
938	938	2 January 1, 2012 and is receiving a retirement annuity or
939	939	3 retirement pension under that system or fund and accepts on a
940	940	4 contractual basis a position to provide services to a
941	941	5 governmental entity from which he or she has retired, then
942	942	6 that person's annuity or retirement pension earned as an
943	943	7 active employee of the employer shall be suspended during that
944	944	8 contractual service. A person receiving an annuity or
945	945	9 retirement pension under this Code shall notify the pension
946	946	10 fund or retirement system from which he or she is receiving an
947	947	11 annuity or retirement pension, as well as his or her
948	948	12 contractual employer, of his or her retirement status before
949	949	13 accepting contractual employment. A person who fails to submit
950	950	14 such notification shall be guilty of a Class A misdemeanor and
951	951	15 required to pay a fine of $1,000. Upon termination of that
952	952	16 contractual employment, the person's retirement annuity or
953	953	17 retirement pension payments shall resume and, if appropriate,
954	954	18 be recalculated under the applicable provisions of this Code.
955	955	19 (i) (Blank).
956	956	20 (j) In the case of a conflict between the provisions of
957	957	21 this Section and any other provision of this Code, the
958	958	22 provisions of this Section shall control.
959	959	23 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
960	960	24 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff.
961	961	25 5-13-22.)
962	962
963	963
964	964
965	965
966	966
967	967	HB1299 - 26 - LRB103 05659 RPS 50678 b
968	968
969	969
970	970	HB1299- 27 -LRB103 05659 RPS 50678 b HB1299 - 27 - LRB103 05659 RPS 50678 b
971	971	HB1299 - 27 - LRB103 05659 RPS 50678 b
972	972	1 (Text of Section from P.A. 102-956)
973	973	2 Sec. 1-160. Provisions applicable to new hires.
974	974	3 (a) The provisions of this Section apply to a person who,
975	975	4 on or after January 1, 2011, first becomes a member or a
976	976	5 participant under any reciprocal retirement system or pension
977	977	6 fund established under this Code, other than a retirement
978	978	7 system or pension fund established under Article 2, 3, 4, 5, 6,
979	979	8 7, 15, or 18 of this Code, notwithstanding any other provision
980	980	9 of this Code to the contrary, but do not apply to any
981	981	10 self-managed plan established under this Code or to any
982	982	11 participant of the retirement plan established under Section
983	983	12 22-101; except that this Section applies to a person who
984	984	13 elected to establish alternative credits by electing in
985	985	14 writing after January 1, 2011, but before August 8, 2011,
986	986	15 under Section 7-145.1 of this Code. Notwithstanding anything
987	987	16 to the contrary in this Section, for purposes of this Section,
988	988	17 a person who is a Tier 1 regular employee as defined in Section
989	989	18 7-109.4 of this Code or who participated in a retirement
990	990	19 system under Article 15 prior to January 1, 2011 shall be
991	991	20 deemed a person who first became a member or participant prior
992	992	21 to January 1, 2011 under any retirement system or pension fund
993	993	22 subject to this Section. The changes made to this Section by
994	994	23 Public Act 98-596 are a clarification of existing law and are
995	995	24 intended to be retroactive to January 1, 2011 (the effective
996	996	25 date of Public Act 96-889), notwithstanding the provisions of
997	997	26 Section 1-103.1 of this Code.
998	998
999	999
1000	1000
1001	1001
1002	1002
1003	1003	HB1299 - 27 - LRB103 05659 RPS 50678 b
1004	1004
1005	1005
1006	1006	HB1299- 28 -LRB103 05659 RPS 50678 b HB1299 - 28 - LRB103 05659 RPS 50678 b
1007	1007	HB1299 - 28 - LRB103 05659 RPS 50678 b
1008	1008	1 This Section does not apply to a person who first becomes a
1009	1009	2 noncovered employee under Article 14 on or after the
1010	1010	3 implementation date of the plan created under Section 1-161
1011	1011	4 for that Article, unless that person elects under subsection
1012	1012	5 (b) of Section 1-161 to instead receive the benefits provided
1013	1013	6 under this Section and the applicable provisions of that
1014	1014	7 Article.
1015	1015	8 This Section does not apply to a person who first becomes a
1016	1016	9 member or participant under Article 16 on or after the
1017	1017	10 implementation date of the plan created under Section 1-161
1018	1018	11 for that Article, unless that person elects under subsection
1019	1019	12 (b) of Section 1-161 to instead receive the benefits provided
1020	1020	13 under this Section and the applicable provisions of that
1021	1021	14 Article.
1022	1022	15 This Section does not apply to a person who elects under
1023	1023	16 subsection (c-5) of Section 1-161 to receive the benefits
1024	1024	17 under Section 1-161.
1025	1025	18 This Section does not apply to a person who first becomes a
1026	1026	19 member or participant of an affected pension fund on or after 6
1027	1027	20 months after the resolution or ordinance date, as defined in
1028	1028	21 Section 1-162, unless that person elects under subsection (c)
1029	1029	22 of Section 1-162 to receive the benefits provided under this
1030	1030	23 Section and the applicable provisions of the Article under
1031	1031	24 which he or she is a member or participant.
1032	1032	25 (b) "Final average salary" means, except as otherwise
1033	1033	26 provided in this subsection, the average monthly (or annual)
1034	1034
1035	1035
1036	1036
1037	1037
1038	1038
1039	1039	HB1299 - 28 - LRB103 05659 RPS 50678 b
1040	1040
1041	1041
1042	1042	HB1299- 29 -LRB103 05659 RPS 50678 b HB1299 - 29 - LRB103 05659 RPS 50678 b
1043	1043	HB1299 - 29 - LRB103 05659 RPS 50678 b
1044	1044	1 salary obtained by dividing the total salary or earnings
1045	1045	2 calculated under the Article applicable to the member or
1046	1046	3 participant during the 96 consecutive months (or 8 consecutive
1047	1047	4 years) of service within the last 120 months (or 10 years) of
1048	1048	5 service in which the total salary or earnings calculated under
1049	1049	6 the applicable Article was the highest by the number of months
1050	1050	7 (or years) of service in that period. For the purposes of a
1051	1051	8 person who first becomes a member or participant of any
1052	1052	9 retirement system or pension fund to which this Section
1053	1053	10 applies on or after January 1, 2011, in this Code, "final
1054	1054	11 average salary" shall be substituted for the following:
1055	1055	12 (1) (Blank).
1056	1056	13 (2) In Articles 8, 9, 10, 11, and 12, "highest average
1057	1057	14 annual salary for any 4 consecutive years within the last
1058	1058	15 10 years of service immediately preceding the date of
1059	1059	16 withdrawal".
1060	1060	17 (3) In Article 13, "average final salary".
1061	1061	18 (4) In Article 14, "final average compensation".
1062	1062	19 (5) In Article 17, "average salary".
1063	1063	20 (6) In Section 22-207, "wages or salary received by
1064	1064	21 him at the date of retirement or discharge".
1065	1065	22 A member of the Teachers' Retirement System of the State
1066	1066	23 of Illinois who retires on or after June 1, 2021 and for whom
1067	1067	24 the 2020-2021 school year is used in the calculation of the
1068	1068	25 member's final average salary shall use the higher of the
1069	1069	26 following for the purpose of determining the member's final
1070	1070
1071	1071
1072	1072
1073	1073
1074	1074
1075	1075	HB1299 - 29 - LRB103 05659 RPS 50678 b
1076	1076
1077	1077
1078	1078	HB1299- 30 -LRB103 05659 RPS 50678 b HB1299 - 30 - LRB103 05659 RPS 50678 b
1079	1079	HB1299 - 30 - LRB103 05659 RPS 50678 b
1080	1080	1 average salary:
1081	1081	2 (A) the amount otherwise calculated under the first
1082	1082	3 paragraph of this subsection; or
1083	1083	4 (B) an amount calculated by the Teachers' Retirement
1084	1084	5 System of the State of Illinois using the average of the
1085	1085	6 monthly (or annual) salary obtained by dividing the total
1086	1086	7 salary or earnings calculated under Article 16 applicable
1087	1087	8 to the member or participant during the 96 months (or 8
1088	1088	9 years) of service within the last 120 months (or 10 years)
1089	1089	10 of service in which the total salary or earnings
1090	1090	11 calculated under the Article was the highest by the number
1091	1091	12 of months (or years) of service in that period.
1092	1092	13 (b-5) Beginning on January 1, 2011, for all purposes under
1093	1093	14 this Code (including without limitation the calculation of
1094	1094	15 benefits and employee contributions), the annual earnings,
1095	1095	16 salary, or wages (based on the plan year) of a member or
1096	1096	17 participant to whom this Section applies shall not exceed
1097	1097	18 $106,800; however, that amount shall annually thereafter be
1098	1098	19 increased by the lesser of (i) 3% of that amount, including all
1099	1099	20 previous adjustments, or (ii) one-half the annual unadjusted
1100	1100	21 percentage increase (but not less than zero) in the consumer
1101	1101	22 price index-u for the 12 months ending with the September
1102	1102	23 preceding each November 1, including all previous adjustments.
1103	1103	24 For the purposes of this Section, "consumer price index-u"
1104	1104	25 means the index published by the Bureau of Labor Statistics of
1105	1105	26 the United States Department of Labor that measures the
1106	1106
1107	1107
1108	1108
1109	1109
1110	1110
1111	1111	HB1299 - 30 - LRB103 05659 RPS 50678 b
1112	1112
1113	1113
1114	1114	HB1299- 31 -LRB103 05659 RPS 50678 b HB1299 - 31 - LRB103 05659 RPS 50678 b
1115	1115	HB1299 - 31 - LRB103 05659 RPS 50678 b
1116	1116	1 average change in prices of goods and services purchased by
1117	1117	2 all urban consumers, United States city average, all items,
1118	1118	3 1982-84 = 100. The new amount resulting from each annual
1119	1119	4 adjustment shall be determined by the Public Pension Division
1120	1120	5 of the Department of Insurance and made available to the
1121	1121	6 boards of the retirement systems and pension funds by November
1122	1122	7 1 of each year.
1123	1123	8 (c) A member or participant is entitled to a retirement
1124	1124	9 annuity upon written application if he or she has attained age
1125	1125	10 67 (age 65, with respect to service under Article 12 that is
1126	1126	11 subject to this Section, for a member or participant under
1127	1127	12 Article 12 who first becomes a member or participant under
1128	1128	13 Article 12 on or after January 1, 2022 or who makes the
1129	1129	14 election under item (i) of subsection (d-15) of this Section)
1130	1130	15 and has at least 10 years of service credit and is otherwise
1131	1131	16 eligible under the requirements of the applicable Article.
1132	1132	17 A member or participant who has attained age 62 (age 60,
1133	1133	18 with respect to service under Article 12 that is subject to
1134	1134	19 this Section, for a member or participant under Article 12 who
1135	1135	20 first becomes a member or participant under Article 12 on or
1136	1136	21 after January 1, 2022 or who makes the election under item (i)
1137	1137	22 of subsection (d-15) of this Section) and has at least 10 years
1138	1138	23 of service credit and is otherwise eligible under the
1139	1139	24 requirements of the applicable Article may elect to receive
1140	1140	25 the lower retirement annuity provided in subsection (d) of
1141	1141	26 this Section.
1142	1142
1143	1143
1144	1144
1145	1145
1146	1146
1147	1147	HB1299 - 31 - LRB103 05659 RPS 50678 b
1148	1148
1149	1149
1150	1150	HB1299- 32 -LRB103 05659 RPS 50678 b HB1299 - 32 - LRB103 05659 RPS 50678 b
1151	1151	HB1299 - 32 - LRB103 05659 RPS 50678 b
1152	1152	1 (c-5) A person who first becomes a member or a participant
1153	1153	2 subject to this Section on or after July 6, 2017 (the effective
1154	1154	3 date of Public Act 100-23), notwithstanding any other
1155	1155	4 provision of this Code to the contrary, is entitled to a
1156	1156	5 retirement annuity under Article 8 or Article 11 upon written
1157	1157	6 application if he or she has attained age 65 and has at least
1158	1158	7 10 years of service credit and is otherwise eligible under the
1159	1159	8 requirements of Article 8 or Article 11 of this Code,
1160	1160	9 whichever is applicable.
1161	1161	10 (d) The retirement annuity of a member or participant who
1162	1162	11 is retiring after attaining age 62 (age 60, with respect to
1163	1163	12 service under Article 12 that is subject to this Section, for a
1164	1164	13 member or participant under Article 12 who first becomes a
1165	1165	14 member or participant under Article 12 on or after January 1,
1166	1166	15 2022 or who makes the election under item (i) of subsection
1167	1167	16 (d-15) of this Section) with at least 10 years of service
1168	1168	17 credit shall be reduced by one-half of 1% for each full month
1169	1169	18 that the member's age is under age 67 (age 65, with respect to
1170	1170	19 service under Article 12 that is subject to this Section, for a
1171	1171	20 member or participant under Article 12 who first becomes a
1172	1172	21 member or participant under Article 12 on or after January 1,
1173	1173	22 2022 or who makes the election under item (i) of subsection
1174	1174	23 (d-15) of this Section).
1175	1175	24 (d-5) The retirement annuity payable under Article 8 or
1176	1176	25 Article 11 to an eligible person subject to subsection (c-5)
1177	1177	26 of this Section who is retiring at age 60 with at least 10
1178	1178
1179	1179
1180	1180
1181	1181
1182	1182
1183	1183	HB1299 - 32 - LRB103 05659 RPS 50678 b
1184	1184
1185	1185
1186	1186	HB1299- 33 -LRB103 05659 RPS 50678 b HB1299 - 33 - LRB103 05659 RPS 50678 b
1187	1187	HB1299 - 33 - LRB103 05659 RPS 50678 b
1188	1188	1 years of service credit shall be reduced by one-half of 1% for
1189	1189	2 each full month that the member's age is under age 65.
1190	1190	3 (d-10) Each person who first became a member or
1191	1191	4 participant under Article 8 or Article 11 of this Code on or
1192	1192	5 after January 1, 2011 and prior to July 6, 2017 (the effective
1193	1193	6 date of Public Act 100-23) shall make an irrevocable election
1194	1194	7 either:
1195	1195	8 (i) to be eligible for the reduced retirement age
1196	1196	9 provided in subsections (c-5) and (d-5) of this Section,
1197	1197	10 the eligibility for which is conditioned upon the member
1198	1198	11 or participant agreeing to the increases in employee
1199	1199	12 contributions for age and service annuities provided in
1200	1200	13 subsection (a-5) of Section 8-174 of this Code (for
1201	1201	14 service under Article 8) or subsection (a-5) of Section
1202	1202	15 11-170 of this Code (for service under Article 11); or
1203	1203	16 (ii) to not agree to item (i) of this subsection
1204	1204	17 (d-10), in which case the member or participant shall
1205	1205	18 continue to be subject to the retirement age provisions in
1206	1206	19 subsections (c) and (d) of this Section and the employee
1207	1207	20 contributions for age and service annuity as provided in
1208	1208	21 subsection (a) of Section 8-174 of this Code (for service
1209	1209	22 under Article 8) or subsection (a) of Section 11-170 of
1210	1210	23 this Code (for service under Article 11).
1211	1211	24 The election provided for in this subsection shall be made
1212	1212	25 between October 1, 2017 and November 15, 2017. A person
1213	1213	26 subject to this subsection who makes the required election
1214	1214
1215	1215
1216	1216
1217	1217
1218	1218
1219	1219	HB1299 - 33 - LRB103 05659 RPS 50678 b
1220	1220
1221	1221
1222	1222	HB1299- 34 -LRB103 05659 RPS 50678 b HB1299 - 34 - LRB103 05659 RPS 50678 b
1223	1223	HB1299 - 34 - LRB103 05659 RPS 50678 b
1224	1224	1 shall remain bound by that election. A person subject to this
1225	1225	2 subsection who fails for any reason to make the required
1226	1226	3 election within the time specified in this subsection shall be
1227	1227	4 deemed to have made the election under item (ii).
1228	1228	5 (d-15) Each person who first becomes a member or
1229	1229	6 participant under Article 12 on or after January 1, 2011 and
1230	1230	7 prior to January 1, 2022 shall make an irrevocable election
1231	1231	8 either:
1232	1232	9 (i) to be eligible for the reduced retirement age
1233	1233	10 specified in subsections (c) and (d) of this Section, the
1234	1234	11 eligibility for which is conditioned upon the member or
1235	1235	12 participant agreeing to the increase in employee
1236	1236	13 contributions for service annuities specified in
1237	1237	14 subsection (b) of Section 12-150; or
1238	1238	15 (ii) to not agree to item (i) of this subsection
1239	1239	16 (d-15), in which case the member or participant shall not
1240	1240	17 be eligible for the reduced retirement age specified in
1241	1241	18 subsections (c) and (d) of this Section and shall not be
1242	1242	19 subject to the increase in employee contributions for
1243	1243	20 service annuities specified in subsection (b) of Section
1244	1244	21 12-150.
1245	1245	22 The election provided for in this subsection shall be made
1246	1246	23 between January 1, 2022 and April 1, 2022. A person subject to
1247	1247	24 this subsection who makes the required election shall remain
1248	1248	25 bound by that election. A person subject to this subsection
1249	1249	26 who fails for any reason to make the required election within
1250	1250
1251	1251
1252	1252
1253	1253
1254	1254
1255	1255	HB1299 - 34 - LRB103 05659 RPS 50678 b
1256	1256
1257	1257
1258	1258	HB1299- 35 -LRB103 05659 RPS 50678 b HB1299 - 35 - LRB103 05659 RPS 50678 b
1259	1259	HB1299 - 35 - LRB103 05659 RPS 50678 b
1260	1260	1 the time specified in this subsection shall be deemed to have
1261	1261	2 made the election under item (ii).
1262	1262	3 (e) Any retirement annuity or supplemental annuity shall
1263	1263	4 be subject to annual increases on the January 1 occurring
1264	1264	5 either on or after the attainment of age 67 (age 65, with
1265	1265	6 respect to service under Article 12 that is subject to this
1266	1266	7 Section, for a member or participant under Article 12 who
1267	1267	8 first becomes a member or participant under Article 12 on or
1268	1268	9 after January 1, 2022 or who makes the election under item (i)
1269	1269	10 of subsection (d-15); and beginning on July 6, 2017 (the
1270	1270	11 effective date of Public Act 100-23), age 65 with respect to
1271	1271	12 service under Article 8 or Article 11 for eligible persons
1272	1272	13 who: (i) are subject to subsection (c-5) of this Section; or
1273	1273	14 (ii) made the election under item (i) of subsection (d-10) of
1274	1274	15 this Section) or the first anniversary of the annuity start
1275	1275	16 date, whichever is later. Each annual increase shall be
1276	1276	17 calculated at 3% or one-half the annual unadjusted percentage
1277	1277	18 increase (but not less than zero) in the consumer price
1278	1278	19 index-u for the 12 months ending with the September preceding
1279	1279	20 each November 1, whichever is less, of the originally granted
1280	1280	21 retirement annuity. If the annual unadjusted percentage change
1281	1281	22 in the consumer price index-u for the 12 months ending with the
1282	1282	23 September preceding each November 1 is zero or there is a
1283	1283	24 decrease, then the annuity shall not be increased.
1284	1284	25 For the purposes of Section 1-103.1 of this Code, the
1285	1285	26 changes made to this Section by Public Act 102-263 are
1286	1286
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291	HB1299 - 35 - LRB103 05659 RPS 50678 b
1292	1292
1293	1293
1294	1294	HB1299- 36 -LRB103 05659 RPS 50678 b HB1299 - 36 - LRB103 05659 RPS 50678 b
1295	1295	HB1299 - 36 - LRB103 05659 RPS 50678 b
1296	1296	1 applicable without regard to whether the employee was in
1297	1297	2 active service on or after August 6, 2021 (the effective date
1298	1298	3 of Public Act 102-263).
1299	1299	4 For the purposes of Section 1-103.1 of this Code, the
1300	1300	5 changes made to this Section by Public Act 100-23 are
1301	1301	6 applicable without regard to whether the employee was in
1302	1302	7 active service on or after July 6, 2017 (the effective date of
1303	1303	8 Public Act 100-23).
1304	1304	9 (f) The initial survivor's or widow's annuity of an
1305	1305	10 otherwise eligible survivor or widow of a retired member or
1306	1306	11 participant who first became a member or participant on or
1307	1307	12 after January 1, 2011 shall be in the amount of 66 2/3% of the
1308	1308	13 retired member's or participant's retirement annuity at the
1309	1309	14 date of death. In the case of the death of a member or
1310	1310	15 participant who has not retired and who first became a member
1311	1311	16 or participant on or after January 1, 2011, eligibility for a
1312	1312	17 survivor's or widow's annuity shall be determined by the
1313	1313	18 applicable Article of this Code. The initial benefit shall be
1314	1314	19 66 2/3% of the earned annuity without a reduction due to age. A
1315	1315	20 child's annuity of an otherwise eligible child shall be in the
1316	1316	21 amount prescribed under each Article if applicable. Any
1317	1317	22 survivor's or widow's annuity shall be increased (1) on each
1318	1318	23 January 1 occurring on or after the commencement of the
1319	1319	24 annuity if the deceased member died while receiving a
1320	1320	25 retirement annuity or (2) in other cases, on each January 1
1321	1321	26 occurring after the first anniversary of the commencement of
1322	1322
1323	1323
1324	1324
1325	1325
1326	1326
1327	1327	HB1299 - 36 - LRB103 05659 RPS 50678 b
1328	1328
1329	1329
1330	1330	HB1299- 37 -LRB103 05659 RPS 50678 b HB1299 - 37 - LRB103 05659 RPS 50678 b
1331	1331	HB1299 - 37 - LRB103 05659 RPS 50678 b
1332	1332	1 the annuity. Each annual increase shall be calculated at 3% or
1333	1333	2 one-half the annual unadjusted percentage increase (but not
1334	1334	3 less than zero) in the consumer price index-u for the 12 months
1335	1335	4 ending with the September preceding each November 1, whichever
1336	1336	5 is less, of the originally granted survivor's annuity. If the
1337	1337	6 annual unadjusted percentage change in the consumer price
1338	1338	7 index-u for the 12 months ending with the September preceding
1339	1339	8 each November 1 is zero or there is a decrease, then the
1340	1340	9 annuity shall not be increased.
1341	1341	10 (g) The benefits in Section 14-110 apply only if the
1342	1342	11 person is a State policeman, a fire fighter in the fire
1343	1343	12 protection service of a department, a conservation police
1344	1344	13 officer, an investigator for the Secretary of State, an
1345	1345	14 investigator for the Office of the Attorney General, an arson
1346	1346	15 investigator, a Commerce Commission police officer,
1347	1347	16 investigator for the Department of Revenue or the Illinois
1348	1348	17 Gaming Board, a security employee of the Department of
1349	1349	18 Corrections or the Department of Juvenile Justice, or a
1350	1350	19 security employee of the Department of Innovation and
1351	1351	20 Technology, or a State highway maintenance worker, as those
1352	1352	21 terms are defined in subsection (b) and subsection (c) of
1353	1353	22 Section 14-110. A person who meets the requirements of this
1354	1354	23 Section is entitled to an annuity calculated under the
1355	1355	24 provisions of Section 14-110, in lieu of the regular or
1356	1356	25 minimum retirement annuity, only if the person has withdrawn
1357	1357	26 from service with not less than 20 years of eligible
1358	1358
1359	1359
1360	1360
1361	1361
1362	1362
1363	1363	HB1299 - 37 - LRB103 05659 RPS 50678 b
1364	1364
1365	1365
1366	1366	HB1299- 38 -LRB103 05659 RPS 50678 b HB1299 - 38 - LRB103 05659 RPS 50678 b
1367	1367	HB1299 - 38 - LRB103 05659 RPS 50678 b
1368	1368	1 creditable service and has attained age 60, regardless of
1369	1369	2 whether the attainment of age 60 occurs while the person is
1370	1370	3 still in service.
1371	1371	4 (h) If a person who first becomes a member or a participant
1372	1372	5 of a retirement system or pension fund subject to this Section
1373	1373	6 on or after January 1, 2011 is receiving a retirement annuity
1374	1374	7 or retirement pension under that system or fund and becomes a
1375	1375	8 member or participant under any other system or fund created
1376	1376	9 by this Code and is employed on a full-time basis, except for
1377	1377	10 those members or participants exempted from the provisions of
1378	1378	11 this Section under subsection (a) of this Section, then the
1379	1379	12 person's retirement annuity or retirement pension under that
1380	1380	13 system or fund shall be suspended during that employment. Upon
1381	1381	14 termination of that employment, the person's retirement
1382	1382	15 annuity or retirement pension payments shall resume and be
1383	1383	16 recalculated if recalculation is provided for under the
1384	1384	17 applicable Article of this Code.
1385	1385	18 If a person who first becomes a member of a retirement
1386	1386	19 system or pension fund subject to this Section on or after
1387	1387	20 January 1, 2012 and is receiving a retirement annuity or
1388	1388	21 retirement pension under that system or fund and accepts on a
1389	1389	22 contractual basis a position to provide services to a
1390	1390	23 governmental entity from which he or she has retired, then
1391	1391	24 that person's annuity or retirement pension earned as an
1392	1392	25 active employee of the employer shall be suspended during that
1393	1393	26 contractual service. A person receiving an annuity or
1394	1394
1395	1395
1396	1396
1397	1397
1398	1398
1399	1399	HB1299 - 38 - LRB103 05659 RPS 50678 b
1400	1400
1401	1401
1402	1402	HB1299- 39 -LRB103 05659 RPS 50678 b HB1299 - 39 - LRB103 05659 RPS 50678 b
1403	1403	HB1299 - 39 - LRB103 05659 RPS 50678 b
1404	1404	1 retirement pension under this Code shall notify the pension
1405	1405	2 fund or retirement system from which he or she is receiving an
1406	1406	3 annuity or retirement pension, as well as his or her
1407	1407	4 contractual employer, of his or her retirement status before
1408	1408	5 accepting contractual employment. A person who fails to submit
1409	1409	6 such notification shall be guilty of a Class A misdemeanor and
1410	1410	7 required to pay a fine of $1,000. Upon termination of that
1411	1411	8 contractual employment, the person's retirement annuity or
1412	1412	9 retirement pension payments shall resume and, if appropriate,
1413	1413	10 be recalculated under the applicable provisions of this Code.
1414	1414	11 (i) (Blank).
1415	1415	12 (j) In the case of a conflict between the provisions of
1416	1416	13 this Section and any other provision of this Code, the
1417	1417	14 provisions of this Section shall control.
1418	1418	15 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
1419	1419	16 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-956, eff.
1420	1420	17 5-27-22.)
1421	1421	18 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
1422	1422	19 (Text of Section from P.A. 102-813)
1423	1423	20 Sec. 14-110. Alternative retirement annuity.
1424	1424	21 (a) Any member who has withdrawn from service with not
1425	1425	22 less than 20 years of eligible creditable service and has
1426	1426	23 attained age 55, and any member who has withdrawn from service
1427	1427	24 with not less than 25 years of eligible creditable service and
1428	1428	25 has attained age 50, regardless of whether the attainment of
1429	1429
1430	1430
1431	1431
1432	1432
1433	1433
1434	1434	HB1299 - 39 - LRB103 05659 RPS 50678 b
1435	1435
1436	1436
1437	1437	HB1299- 40 -LRB103 05659 RPS 50678 b HB1299 - 40 - LRB103 05659 RPS 50678 b
1438	1438	HB1299 - 40 - LRB103 05659 RPS 50678 b
1439	1439	1 either of the specified ages occurs while the member is still
1440	1440	2 in service, shall be entitled to receive at the option of the
1441	1441	3 member, in lieu of the regular or minimum retirement annuity,
1442	1442	4 a retirement annuity computed as follows:
1443	1443	5 (i) for periods of service as a noncovered employee:
1444	1444	6 if retirement occurs on or after January 1, 2001, 3% of
1445	1445	7 final average compensation for each year of creditable
1446	1446	8 service; if retirement occurs before January 1, 2001, 2
1447	1447	9 1/4% of final average compensation for each of the first
1448	1448	10 10 years of creditable service, 2 1/2% for each year above
1449	1449	11 10 years to and including 20 years of creditable service,
1450	1450	12 and 2 3/4% for each year of creditable service above 20
1451	1451	13 years; and
1452	1452	14 (ii) for periods of eligible creditable service as a
1453	1453	15 covered employee: if retirement occurs on or after January
1454	1454	16 1, 2001, 2.5% of final average compensation for each year
1455	1455	17 of creditable service; if retirement occurs before January
1456	1456	18 1, 2001, 1.67% of final average compensation for each of
1457	1457	19 the first 10 years of such service, 1.90% for each of the
1458	1458	20 next 10 years of such service, 2.10% for each year of such
1459	1459	21 service in excess of 20 but not exceeding 30, and 2.30% for
1460	1460	22 each year in excess of 30.
1461	1461	23 Such annuity shall be subject to a maximum of 75% of final
1462	1462	24 average compensation if retirement occurs before January 1,
1463	1463	25 2001 or to a maximum of 80% of final average compensation if
1464	1464	26 retirement occurs on or after January 1, 2001.
1465	1465
1466	1466
1467	1467
1468	1468
1469	1469
1470	1470	HB1299 - 40 - LRB103 05659 RPS 50678 b
1471	1471
1472	1472
1473	1473	HB1299- 41 -LRB103 05659 RPS 50678 b HB1299 - 41 - LRB103 05659 RPS 50678 b
1474	1474	HB1299 - 41 - LRB103 05659 RPS 50678 b
1475	1475	1 These rates shall not be applicable to any service
1476	1476	2 performed by a member as a covered employee which is not
1477	1477	3 eligible creditable service. Service as a covered employee
1478	1478	4 which is not eligible creditable service shall be subject to
1479	1479	5 the rates and provisions of Section 14-108.
1480	1480	6 (b) For the purpose of this Section, "eligible creditable
1481	1481	7 service" means creditable service resulting from service in
1482	1482	8 one or more of the following positions:
1483	1483	9 (1) State policeman;
1484	1484	10 (2) fire fighter in the fire protection service of a
1485	1485	11 department;
1486	1486	12 (3) air pilot;
1487	1487	13 (4) special agent;
1488	1488	14 (5) investigator for the Secretary of State;
1489	1489	15 (6) conservation police officer;
1490	1490	16 (7) investigator for the Department of Revenue or the
1491	1491	17 Illinois Gaming Board;
1492	1492	18 (8) security employee of the Department of Human
1493	1493	19 Services;
1494	1494	20 (9) Central Management Services security police
1495	1495	21 officer;
1496	1496	22 (10) security employee of the Department of
1497	1497	23 Corrections or the Department of Juvenile Justice;
1498	1498	24 (11) dangerous drugs investigator;
1499	1499	25 (12) investigator for the Illinois State Police;
1500	1500	26 (13) investigator for the Office of the Attorney
1501	1501
1502	1502
1503	1503
1504	1504
1505	1505
1506	1506	HB1299 - 41 - LRB103 05659 RPS 50678 b
1507	1507
1508	1508
1509	1509	HB1299- 42 -LRB103 05659 RPS 50678 b HB1299 - 42 - LRB103 05659 RPS 50678 b
1510	1510	HB1299 - 42 - LRB103 05659 RPS 50678 b
1511	1511	1 General;
1512	1512	2 (14) controlled substance inspector;
1513	1513	3 (15) investigator for the Office of the State's
1514	1514	4 Attorneys Appellate Prosecutor;
1515	1515	5 (16) Commerce Commission police officer;
1516	1516	6 (17) arson investigator;
1517	1517	7 (18) State highway maintenance worker;
1518	1518	8 (19) security employee of the Department of Innovation
1519	1519	9 and Technology; or
1520	1520	10 (20) transferred employee.
1521	1521	11 A person employed in one of the positions specified in
1522	1522	12 this subsection is entitled to eligible creditable service for
1523	1523	13 service credit earned under this Article while undergoing the
1524	1524	14 basic police training course approved by the Illinois Law
1525	1525	15 Enforcement Training Standards Board, if completion of that
1526	1526	16 training is required of persons serving in that position. For
1527	1527	17 the purposes of this Code, service during the required basic
1528	1528	18 police training course shall be deemed performance of the
1529	1529	19 duties of the specified position, even though the person is
1530	1530	20 not a sworn peace officer at the time of the training.
1531	1531	21 A person under paragraph (20) is entitled to eligible
1532	1532	22 creditable service for service credit earned under this
1533	1533	23 Article on and after his or her transfer by Executive Order No.
1534	1534	24 2003-10, Executive Order No. 2004-2, or Executive Order No.
1535	1535	25 2016-1.
1536	1536	26 (c) For the purposes of this Section:
1537	1537
1538	1538
1539	1539
1540	1540
1541	1541
1542	1542	HB1299 - 42 - LRB103 05659 RPS 50678 b
1543	1543
1544	1544
1545	1545	HB1299- 43 -LRB103 05659 RPS 50678 b HB1299 - 43 - LRB103 05659 RPS 50678 b
1546	1546	HB1299 - 43 - LRB103 05659 RPS 50678 b
1547	1547	1 (1) The term "State policeman" includes any title or
1548	1548	2 position in the Illinois State Police that is held by an
1549	1549	3 individual employed under the Illinois State Police Act.
1550	1550	4 (2) The term "fire fighter in the fire protection
1551	1551	5 service of a department" includes all officers in such
1552	1552	6 fire protection service including fire chiefs and
1553	1553	7 assistant fire chiefs.
1554	1554	8 (3) The term "air pilot" includes any employee whose
1555	1555	9 official job description on file in the Department of
1556	1556	10 Central Management Services, or in the department by which
1557	1557	11 he is employed if that department is not covered by the
1558	1558	12 Personnel Code, states that his principal duty is the
1559	1559	13 operation of aircraft, and who possesses a pilot's
1560	1560	14 license; however, the change in this definition made by
1561	1561	15 Public Act 83-842 shall not operate to exclude any
1562	1562	16 noncovered employee who was an "air pilot" for the
1563	1563	17 purposes of this Section on January 1, 1984.
1564	1564	18 (4) The term "special agent" means any person who by
1565	1565	19 reason of employment by the Division of Narcotic Control,
1566	1566	20 the Bureau of Investigation or, after July 1, 1977, the
1567	1567	21 Division of Criminal Investigation, the Division of
1568	1568	22 Internal Investigation, the Division of Operations, the
1569	1569	23 Division of Patrol Operations, or any other Division or
1570	1570	24 organizational entity in the Illinois State Police is
1571	1571	25 vested by law with duties to maintain public order,
1572	1572	26 investigate violations of the criminal law of this State,
1573	1573
1574	1574
1575	1575
1576	1576
1577	1577
1578	1578	HB1299 - 43 - LRB103 05659 RPS 50678 b
1579	1579
1580	1580
1581	1581	HB1299- 44 -LRB103 05659 RPS 50678 b HB1299 - 44 - LRB103 05659 RPS 50678 b
1582	1582	HB1299 - 44 - LRB103 05659 RPS 50678 b
1583	1583	1 enforce the laws of this State, make arrests and recover
1584	1584	2 property. The term "special agent" includes any title or
1585	1585	3 position in the Illinois State Police that is held by an
1586	1586	4 individual employed under the Illinois State Police Act.
1587	1587	5 (5) The term "investigator for the Secretary of State"
1588	1588	6 means any person employed by the Office of the Secretary
1589	1589	7 of State and vested with such investigative duties as
1590	1590	8 render him ineligible for coverage under the Social
1591	1591	9 Security Act by reason of Sections 218(d)(5)(A),
1592	1592	10 218(d)(8)(D) and 218(l)(1) of that Act.
1593	1593	11 A person who became employed as an investigator for
1594	1594	12 the Secretary of State between January 1, 1967 and
1595	1595	13 December 31, 1975, and who has served as such until
1596	1596	14 attainment of age 60, either continuously or with a single
1597	1597	15 break in service of not more than 3 years duration, which
1598	1598	16 break terminated before January 1, 1976, shall be entitled
1599	1599	17 to have his retirement annuity calculated in accordance
1600	1600	18 with subsection (a), notwithstanding that he has less than
1601	1601	19 20 years of credit for such service.
1602	1602	20 (6) The term "Conservation Police Officer" means any
1603	1603	21 person employed by the Division of Law Enforcement of the
1604	1604	22 Department of Natural Resources and vested with such law
1605	1605	23 enforcement duties as render him ineligible for coverage
1606	1606	24 under the Social Security Act by reason of Sections
1607	1607	25 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
1608	1608	26 term "Conservation Police Officer" includes the positions
1609	1609
1610	1610
1611	1611
1612	1612
1613	1613
1614	1614	HB1299 - 44 - LRB103 05659 RPS 50678 b
1615	1615
1616	1616
1617	1617	HB1299- 45 -LRB103 05659 RPS 50678 b HB1299 - 45 - LRB103 05659 RPS 50678 b
1618	1618	HB1299 - 45 - LRB103 05659 RPS 50678 b
1619	1619	1 of Chief Conservation Police Administrator and Assistant
1620	1620	2 Conservation Police Administrator.
1621	1621	3 (7) The term "investigator for the Department of
1622	1622	4 Revenue" means any person employed by the Department of
1623	1623	5 Revenue and vested with such investigative duties as
1624	1624	6 render him ineligible for coverage under the Social
1625	1625	7 Security Act by reason of Sections 218(d)(5)(A),
1626	1626	8 218(d)(8)(D) and 218(l)(1) of that Act.
1627	1627	9 The term "investigator for the Illinois Gaming Board"
1628	1628	10 means any person employed as such by the Illinois Gaming
1629	1629	11 Board and vested with such peace officer duties as render
1630	1630	12 the person ineligible for coverage under the Social
1631	1631	13 Security Act by reason of Sections 218(d)(5)(A),
1632	1632	14 218(d)(8)(D), and 218(l)(1) of that Act.
1633	1633	15 (8) The term "security employee of the Department of
1634	1634	16 Human Services" means any person employed by the
1635	1635	17 Department of Human Services who (i) is employed at the
1636	1636	18 Chester Mental Health Center and has daily contact with
1637	1637	19 the residents thereof, (ii) is employed within a security
1638	1638	20 unit at a facility operated by the Department and has
1639	1639	21 daily contact with the residents of the security unit,
1640	1640	22 (iii) is employed at a facility operated by the Department
1641	1641	23 that includes a security unit and is regularly scheduled
1642	1642	24 to work at least 50% of his or her working hours within
1643	1643	25 that security unit, or (iv) is a mental health police
1644	1644	26 officer. "Mental health police officer" means any person
1645	1645
1646	1646
1647	1647
1648	1648
1649	1649
1650	1650	HB1299 - 45 - LRB103 05659 RPS 50678 b
1651	1651
1652	1652
1653	1653	HB1299- 46 -LRB103 05659 RPS 50678 b HB1299 - 46 - LRB103 05659 RPS 50678 b
1654	1654	HB1299 - 46 - LRB103 05659 RPS 50678 b
1655	1655	1 employed by the Department of Human Services in a position
1656	1656	2 pertaining to the Department's mental health and
1657	1657	3 developmental disabilities functions who is vested with
1658	1658	4 such law enforcement duties as render the person
1659	1659	5 ineligible for coverage under the Social Security Act by
1660	1660	6 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
1661	1661	7 218(l)(1) of that Act. "Security unit" means that portion
1662	1662	8 of a facility that is devoted to the care, containment,
1663	1663	9 and treatment of persons committed to the Department of
1664	1664	10 Human Services as sexually violent persons, persons unfit
1665	1665	11 to stand trial, or persons not guilty by reason of
1666	1666	12 insanity. With respect to past employment, references to
1667	1667	13 the Department of Human Services include its predecessor,
1668	1668	14 the Department of Mental Health and Developmental
1669	1669	15 Disabilities.
1670	1670	16 The changes made to this subdivision (c)(8) by Public
1671	1671	17 Act 92-14 apply to persons who retire on or after January
1672	1672	18 1, 2001, notwithstanding Section 1-103.1.
1673	1673	19 (9) "Central Management Services security police
1674	1674	20 officer" means any person employed by the Department of
1675	1675	21 Central Management Services who is vested with such law
1676	1676	22 enforcement duties as render him ineligible for coverage
1677	1677	23 under the Social Security Act by reason of Sections
1678	1678	24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
1679	1679	25 (10) For a member who first became an employee under
1680	1680	26 this Article before July 1, 2005, the term "security
1681	1681
1682	1682
1683	1683
1684	1684
1685	1685
1686	1686	HB1299 - 46 - LRB103 05659 RPS 50678 b
1687	1687
1688	1688
1689	1689	HB1299- 47 -LRB103 05659 RPS 50678 b HB1299 - 47 - LRB103 05659 RPS 50678 b
1690	1690	HB1299 - 47 - LRB103 05659 RPS 50678 b
1691	1691	1 employee of the Department of Corrections or the
1692	1692	2 Department of Juvenile Justice" means any employee of the
1693	1693	3 Department of Corrections or the Department of Juvenile
1694	1694	4 Justice or the former Department of Personnel, and any
1695	1695	5 member or employee of the Prisoner Review Board, who has
1696	1696	6 daily contact with inmates or youth by working within a
1697	1697	7 correctional facility or Juvenile facility operated by the
1698	1698	8 Department of Juvenile Justice or who is a parole officer
1699	1699	9 or an employee who has direct contact with committed
1700	1700	10 persons in the performance of his or her job duties. For a
1701	1701	11 member who first becomes an employee under this Article on
1702	1702	12 or after July 1, 2005, the term means an employee of the
1703	1703	13 Department of Corrections or the Department of Juvenile
1704	1704	14 Justice who is any of the following: (i) officially
1705	1705	15 headquartered at a correctional facility or Juvenile
1706	1706	16 facility operated by the Department of Juvenile Justice,
1707	1707	17 (ii) a parole officer, (iii) a member of the apprehension
1708	1708	18 unit, (iv) a member of the intelligence unit, (v) a member
1709	1709	19 of the sort team, or (vi) an investigator.
1710	1710	20 (11) The term "dangerous drugs investigator" means any
1711	1711	21 person who is employed as such by the Department of Human
1712	1712	22 Services.
1713	1713	23 (12) The term "investigator for the Illinois State
1714	1714	24 Police" means a person employed by the Illinois State
1715	1715	25 Police who is vested under Section 4 of the Narcotic
1716	1716	26 Control Division Abolition Act with such law enforcement
1717	1717
1718	1718
1719	1719
1720	1720
1721	1721
1722	1722	HB1299 - 47 - LRB103 05659 RPS 50678 b
1723	1723
1724	1724
1725	1725	HB1299- 48 -LRB103 05659 RPS 50678 b HB1299 - 48 - LRB103 05659 RPS 50678 b
1726	1726	HB1299 - 48 - LRB103 05659 RPS 50678 b
1727	1727	1 powers as render him ineligible for coverage under the
1728	1728	2 Social Security Act by reason of Sections 218(d)(5)(A),
1729	1729	3 218(d)(8)(D) and 218(l)(1) of that Act.
1730	1730	4 (13) "Investigator for the Office of the Attorney
1731	1731	5 General" means any person who is employed as such by the
1732	1732	6 Office of the Attorney General and is vested with such
1733	1733	7 investigative duties as render him ineligible for coverage
1734	1734	8 under the Social Security Act by reason of Sections
1735	1735	9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
1736	1736	10 the period before January 1, 1989, the term includes all
1737	1737	11 persons who were employed as investigators by the Office
1738	1738	12 of the Attorney General, without regard to social security
1739	1739	13 status.
1740	1740	14 (14) "Controlled substance inspector" means any person
1741	1741	15 who is employed as such by the Department of Professional
1742	1742	16 Regulation and is vested with such law enforcement duties
1743	1743	17 as render him ineligible for coverage under the Social
1744	1744	18 Security Act by reason of Sections 218(d)(5)(A),
1745	1745	19 218(d)(8)(D) and 218(l)(1) of that Act. The term
1746	1746	20 "controlled substance inspector" includes the Program
1747	1747	21 Executive of Enforcement and the Assistant Program
1748	1748	22 Executive of Enforcement.
1749	1749	23 (15) The term "investigator for the Office of the
1750	1750	24 State's Attorneys Appellate Prosecutor" means a person
1751	1751	25 employed in that capacity on a full-time basis under the
1752	1752	26 authority of Section 7.06 of the State's Attorneys
1753	1753
1754	1754
1755	1755
1756	1756
1757	1757
1758	1758	HB1299 - 48 - LRB103 05659 RPS 50678 b
1759	1759
1760	1760
1761	1761	HB1299- 49 -LRB103 05659 RPS 50678 b HB1299 - 49 - LRB103 05659 RPS 50678 b
1762	1762	HB1299 - 49 - LRB103 05659 RPS 50678 b
1763	1763	1 Appellate Prosecutor's Act.
1764	1764	2 (16) "Commerce Commission police officer" means any
1765	1765	3 person employed by the Illinois Commerce Commission who is
1766	1766	4 vested with such law enforcement duties as render him
1767	1767	5 ineligible for coverage under the Social Security Act by
1768	1768	6 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
1769	1769	7 218(l)(1) of that Act.
1770	1770	8 (17) "Arson investigator" means any person who is
1771	1771	9 employed as such by the Office of the State Fire Marshal
1772	1772	10 and is vested with such law enforcement duties as render
1773	1773	11 the person ineligible for coverage under the Social
1774	1774	12 Security Act by reason of Sections 218(d)(5)(A),
1775	1775	13 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
1776	1776	14 employed as an arson investigator on January 1, 1995 and
1777	1777	15 is no longer in service but not yet receiving a retirement
1778	1778	16 annuity may convert his or her creditable service for
1779	1779	17 employment as an arson investigator into eligible
1780	1780	18 creditable service by paying to the System the difference
1781	1781	19 between the employee contributions actually paid for that
1782	1782	20 service and the amounts that would have been contributed
1783	1783	21 if the applicant were contributing at the rate applicable
1784	1784	22 to persons with the same social security status earning
1785	1785	23 eligible creditable service on the date of application.
1786	1786	24 (18) The term "State highway maintenance worker" means
1787	1787	25 a person who is either of the following:
1788	1788	26 (i) A person employed on a full-time basis by the
1789	1789
1790	1790
1791	1791
1792	1792
1793	1793
1794	1794	HB1299 - 49 - LRB103 05659 RPS 50678 b
1795	1795
1796	1796
1797	1797	HB1299- 50 -LRB103 05659 RPS 50678 b HB1299 - 50 - LRB103 05659 RPS 50678 b
1798	1798	HB1299 - 50 - LRB103 05659 RPS 50678 b
1799	1799	1 Illinois Department of Transportation in the position
1800	1800	2 of highway maintainer, highway maintenance lead
1801	1801	3 worker, highway maintenance lead/lead worker, heavy
1802	1802	4 construction equipment operator, power shovel
1803	1803	5 operator, or bridge mechanic; and whose principal
1804	1804	6 responsibility is to perform, on the roadway, the
1805	1805	7 actual maintenance necessary to keep the highways that
1806	1806	8 form a part of the State highway system in serviceable
1807	1807	9 condition for vehicular traffic.
1808	1808	10 (ii) A person employed on a full-time basis by the
1809	1809	11 Illinois State Toll Highway Authority in the position
1810	1810	12 of equipment operator/laborer H-4, equipment
1811	1811	13 operator/laborer H-6, welder H-4, welder H-6,
1812	1812	14 mechanical/electrical H-4, mechanical/electrical H-6,
1813	1813	15 water/sewer H-4, water/sewer H-6, sign maker/hanger
1814	1814	16 H-4, sign maker/hanger H-6, roadway lighting H-4,
1815	1815	17 roadway lighting H-6, structural H-4, structural H-6,
1816	1816	18 painter H-4, or painter H-6; and whose principal
1817	1817	19 responsibility is to perform, on the roadway, the
1818	1818	20 actual maintenance necessary to keep the Authority's
1819	1819	21 tollways in serviceable condition for vehicular
1820	1820	22 traffic.
1821	1821	23 (19) The term "security employee of the Department of
1822	1822	24 Innovation and Technology" means a person who was a
1823	1823	25 security employee of the Department of Corrections or the
1824	1824	26 Department of Juvenile Justice, was transferred to the
1825	1825
1826	1826
1827	1827
1828	1828
1829	1829
1830	1830	HB1299 - 50 - LRB103 05659 RPS 50678 b
1831	1831
1832	1832
1833	1833	HB1299- 51 -LRB103 05659 RPS 50678 b HB1299 - 51 - LRB103 05659 RPS 50678 b
1834	1834	HB1299 - 51 - LRB103 05659 RPS 50678 b
1835	1835	1 Department of Innovation and Technology pursuant to
1836	1836	2 Executive Order 2016-01, and continues to perform similar
1837	1837	3 job functions under that Department.
1838	1838	4 (20) "Transferred employee" means an employee who was
1839	1839	5 transferred to the Department of Central Management
1840	1840	6 Services by Executive Order No. 2003-10 or Executive Order
1841	1841	7 No. 2004-2 or transferred to the Department of Innovation
1842	1842	8 and Technology by Executive Order No. 2016-1, or both, and
1843	1843	9 was entitled to eligible creditable service for services
1844	1844	10 immediately preceding the transfer.
1845	1845	11 (d) A security employee of the Department of Corrections
1846	1846	12 or the Department of Juvenile Justice, a security employee of
1847	1847	13 the Department of Human Services who is not a mental health
1848	1848	14 police officer, and a security employee of the Department of
1849	1849	15 Innovation and Technology shall not be eligible for the
1850	1850	16 alternative retirement annuity provided by this Section unless
1851	1851	17 he or she meets the following minimum age and service
1852	1852	18 requirements at the time of retirement:
1853	1853	19 (i) 25 years of eligible creditable service and age
1854	1854	20 55; or
1855	1855	21 (ii) beginning January 1, 1987, 25 years of eligible
1856	1856	22 creditable service and age 54, or 24 years of eligible
1857	1857	23 creditable service and age 55; or
1858	1858	24 (iii) beginning January 1, 1988, 25 years of eligible
1859	1859	25 creditable service and age 53, or 23 years of eligible
1860	1860	26 creditable service and age 55; or
1861	1861
1862	1862
1863	1863
1864	1864
1865	1865
1866	1866	HB1299 - 51 - LRB103 05659 RPS 50678 b
1867	1867
1868	1868
1869	1869	HB1299- 52 -LRB103 05659 RPS 50678 b HB1299 - 52 - LRB103 05659 RPS 50678 b
1870	1870	HB1299 - 52 - LRB103 05659 RPS 50678 b
1871	1871	1 (iv) beginning January 1, 1989, 25 years of eligible
1872	1872	2 creditable service and age 52, or 22 years of eligible
1873	1873	3 creditable service and age 55; or
1874	1874	4 (v) beginning January 1, 1990, 25 years of eligible
1875	1875	5 creditable service and age 51, or 21 years of eligible
1876	1876	6 creditable service and age 55; or
1877	1877	7 (vi) beginning January 1, 1991, 25 years of eligible
1878	1878	8 creditable service and age 50, or 20 years of eligible
1879	1879	9 creditable service and age 55.
1880	1880	10 Persons who have service credit under Article 16 of this
1881	1881	11 Code for service as a security employee of the Department of
1882	1882	12 Corrections or the Department of Juvenile Justice, or the
1883	1883	13 Department of Human Services in a position requiring
1884	1884	14 certification as a teacher may count such service toward
1885	1885	15 establishing their eligibility under the service requirements
1886	1886	16 of this Section; but such service may be used only for
1887	1887	17 establishing such eligibility, and not for the purpose of
1888	1888	18 increasing or calculating any benefit.
1889	1889	19 (e) If a member enters military service while working in a
1890	1890	20 position in which eligible creditable service may be earned,
1891	1891	21 and returns to State service in the same or another such
1892	1892	22 position, and fulfills in all other respects the conditions
1893	1893	23 prescribed in this Article for credit for military service,
1894	1894	24 such military service shall be credited as eligible creditable
1895	1895	25 service for the purposes of the retirement annuity prescribed
1896	1896	26 in this Section.
1897	1897
1898	1898
1899	1899
1900	1900
1901	1901
1902	1902	HB1299 - 52 - LRB103 05659 RPS 50678 b
1903	1903
1904	1904
1905	1905	HB1299- 53 -LRB103 05659 RPS 50678 b HB1299 - 53 - LRB103 05659 RPS 50678 b
1906	1906	HB1299 - 53 - LRB103 05659 RPS 50678 b
1907	1907	1 (f) For purposes of calculating retirement annuities under
1908	1908	2 this Section, periods of service rendered after December 31,
1909	1909	3 1968 and before October 1, 1975 as a covered employee in the
1910	1910	4 position of special agent, conservation police officer, mental
1911	1911	5 health police officer, or investigator for the Secretary of
1912	1912	6 State, shall be deemed to have been service as a noncovered
1913	1913	7 employee, provided that the employee pays to the System prior
1914	1914	8 to retirement an amount equal to (1) the difference between
1915	1915	9 the employee contributions that would have been required for
1916	1916	10 such service as a noncovered employee, and the amount of
1917	1917	11 employee contributions actually paid, plus (2) if payment is
1918	1918	12 made after July 31, 1987, regular interest on the amount
1919	1919	13 specified in item (1) from the date of service to the date of
1920	1920	14 payment.
1921	1921	15 For purposes of calculating retirement annuities under
1922	1922	16 this Section, periods of service rendered after December 31,
1923	1923	17 1968 and before January 1, 1982 as a covered employee in the
1924	1924	18 position of investigator for the Department of Revenue shall
1925	1925	19 be deemed to have been service as a noncovered employee,
1926	1926	20 provided that the employee pays to the System prior to
1927	1927	21 retirement an amount equal to (1) the difference between the
1928	1928	22 employee contributions that would have been required for such
1929	1929	23 service as a noncovered employee, and the amount of employee
1930	1930	24 contributions actually paid, plus (2) if payment is made after
1931	1931	25 January 1, 1990, regular interest on the amount specified in
1932	1932	26 item (1) from the date of service to the date of payment.
1933	1933
1934	1934
1935	1935
1936	1936
1937	1937
1938	1938	HB1299 - 53 - LRB103 05659 RPS 50678 b
1939	1939
1940	1940
1941	1941	HB1299- 54 -LRB103 05659 RPS 50678 b HB1299 - 54 - LRB103 05659 RPS 50678 b
1942	1942	HB1299 - 54 - LRB103 05659 RPS 50678 b
1943	1943	1 (g) A State policeman may elect, not later than January 1,
1944	1944	2 1990, to establish eligible creditable service for up to 10
1945	1945	3 years of his service as a policeman under Article 3, by filing
1946	1946	4 a written election with the Board, accompanied by payment of
1947	1947	5 an amount to be determined by the Board, equal to (i) the
1948	1948	6 difference between the amount of employee and employer
1949	1949	7 contributions transferred to the System under Section 3-110.5,
1950	1950	8 and the amounts that would have been contributed had such
1951	1951	9 contributions been made at the rates applicable to State
1952	1952	10 policemen, plus (ii) interest thereon at the effective rate
1953	1953	11 for each year, compounded annually, from the date of service
1954	1954	12 to the date of payment.
1955	1955	13 Subject to the limitation in subsection (i), a State
1956	1956	14 policeman may elect, not later than July 1, 1993, to establish
1957	1957	15 eligible creditable service for up to 10 years of his service
1958	1958	16 as a member of the County Police Department under Article 9, by
1959	1959	17 filing a written election with the Board, accompanied by
1960	1960	18 payment of an amount to be determined by the Board, equal to
1961	1961	19 (i) the difference between the amount of employee and employer
1962	1962	20 contributions transferred to the System under Section 9-121.10
1963	1963	21 and the amounts that would have been contributed had those
1964	1964	22 contributions been made at the rates applicable to State
1965	1965	23 policemen, plus (ii) interest thereon at the effective rate
1966	1966	24 for each year, compounded annually, from the date of service
1967	1967	25 to the date of payment.
1968	1968	26 (h) Subject to the limitation in subsection (i), a State
1969	1969
1970	1970
1971	1971
1972	1972
1973	1973
1974	1974	HB1299 - 54 - LRB103 05659 RPS 50678 b
1975	1975
1976	1976
1977	1977	HB1299- 55 -LRB103 05659 RPS 50678 b HB1299 - 55 - LRB103 05659 RPS 50678 b
1978	1978	HB1299 - 55 - LRB103 05659 RPS 50678 b
1979	1979	1 policeman or investigator for the Secretary of State may elect
1980	1980	2 to establish eligible creditable service for up to 12 years of
1981	1981	3 his service as a policeman under Article 5, by filing a written
1982	1982	4 election with the Board on or before January 31, 1992, and
1983	1983	5 paying to the System by January 31, 1994 an amount to be
1984	1984	6 determined by the Board, equal to (i) the difference between
1985	1985	7 the amount of employee and employer contributions transferred
1986	1986	8 to the System under Section 5-236, and the amounts that would
1987	1987	9 have been contributed had such contributions been made at the
1988	1988	10 rates applicable to State policemen, plus (ii) interest
1989	1989	11 thereon at the effective rate for each year, compounded
1990	1990	12 annually, from the date of service to the date of payment.
1991	1991	13 Subject to the limitation in subsection (i), a State
1992	1992	14 policeman, conservation police officer, or investigator for
1993	1993	15 the Secretary of State may elect to establish eligible
1994	1994	16 creditable service for up to 10 years of service as a sheriff's
1995	1995	17 law enforcement employee under Article 7, by filing a written
1996	1996	18 election with the Board on or before January 31, 1993, and
1997	1997	19 paying to the System by January 31, 1994 an amount to be
1998	1998	20 determined by the Board, equal to (i) the difference between
1999	1999	21 the amount of employee and employer contributions transferred
2000	2000	22 to the System under Section 7-139.7, and the amounts that
2001	2001	23 would have been contributed had such contributions been made
2002	2002	24 at the rates applicable to State policemen, plus (ii) interest
2003	2003	25 thereon at the effective rate for each year, compounded
2004	2004	26 annually, from the date of service to the date of payment.
2005	2005
2006	2006
2007	2007
2008	2008
2009	2009
2010	2010	HB1299 - 55 - LRB103 05659 RPS 50678 b
2011	2011
2012	2012
2013	2013	HB1299- 56 -LRB103 05659 RPS 50678 b HB1299 - 56 - LRB103 05659 RPS 50678 b
2014	2014	HB1299 - 56 - LRB103 05659 RPS 50678 b
2015	2015	1 Subject to the limitation in subsection (i), a State
2016	2016	2 policeman, conservation police officer, or investigator for
2017	2017	3 the Secretary of State may elect to establish eligible
2018	2018	4 creditable service for up to 5 years of service as a police
2019	2019	5 officer under Article 3, a policeman under Article 5, a
2020	2020	6 sheriff's law enforcement employee under Article 7, a member
2021	2021	7 of the county police department under Article 9, or a police
2022	2022	8 officer under Article 15 by filing a written election with the
2023	2023	9 Board and paying to the System an amount to be determined by
2024	2024	10 the Board, equal to (i) the difference between the amount of
2025	2025	11 employee and employer contributions transferred to the System
2026	2026	12 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
2027	2027	13 and the amounts that would have been contributed had such
2028	2028	14 contributions been made at the rates applicable to State
2029	2029	15 policemen, plus (ii) interest thereon at the effective rate
2030	2030	16 for each year, compounded annually, from the date of service
2031	2031	17 to the date of payment.
2032	2032	18 Subject to the limitation in subsection (i), an
2033	2033	19 investigator for the Office of the Attorney General, or an
2034	2034	20 investigator for the Department of Revenue, may elect to
2035	2035	21 establish eligible creditable service for up to 5 years of
2036	2036	22 service as a police officer under Article 3, a policeman under
2037	2037	23 Article 5, a sheriff's law enforcement employee under Article
2038	2038	24 7, or a member of the county police department under Article 9
2039	2039	25 by filing a written election with the Board within 6 months
2040	2040	26 after August 25, 2009 (the effective date of Public Act
2041	2041
2042	2042
2043	2043
2044	2044
2045	2045
2046	2046	HB1299 - 56 - LRB103 05659 RPS 50678 b
2047	2047
2048	2048
2049	2049	HB1299- 57 -LRB103 05659 RPS 50678 b HB1299 - 57 - LRB103 05659 RPS 50678 b
2050	2050	HB1299 - 57 - LRB103 05659 RPS 50678 b
2051	2051	1 96-745) and paying to the System an amount to be determined by
2052	2052	2 the Board, equal to (i) the difference between the amount of
2053	2053	3 employee and employer contributions transferred to the System
2054	2054	4 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
2055	2055	5 amounts that would have been contributed had such
2056	2056	6 contributions been made at the rates applicable to State
2057	2057	7 policemen, plus (ii) interest thereon at the actuarially
2058	2058	8 assumed rate for each year, compounded annually, from the date
2059	2059	9 of service to the date of payment.
2060	2060	10 Subject to the limitation in subsection (i), a State
2061	2061	11 policeman, conservation police officer, investigator for the
2062	2062	12 Office of the Attorney General, an investigator for the
2063	2063	13 Department of Revenue, or investigator for the Secretary of
2064	2064	14 State may elect to establish eligible creditable service for
2065	2065	15 up to 5 years of service as a person employed by a
2066	2066	16 participating municipality to perform police duties, or law
2067	2067	17 enforcement officer employed on a full-time basis by a forest
2068	2068	18 preserve district under Article 7, a county corrections
2069	2069	19 officer, or a court services officer under Article 9, by
2070	2070	20 filing a written election with the Board within 6 months after
2071	2071	21 August 25, 2009 (the effective date of Public Act 96-745) and
2072	2072	22 paying to the System an amount to be determined by the Board,
2073	2073	23 equal to (i) the difference between the amount of employee and
2074	2074	24 employer contributions transferred to the System under
2075	2075	25 Sections 7-139.8 and 9-121.10 and the amounts that would have
2076	2076	26 been contributed had such contributions been made at the rates
2077	2077
2078	2078
2079	2079
2080	2080
2081	2081
2082	2082	HB1299 - 57 - LRB103 05659 RPS 50678 b
2083	2083
2084	2084
2085	2085	HB1299- 58 -LRB103 05659 RPS 50678 b HB1299 - 58 - LRB103 05659 RPS 50678 b
2086	2086	HB1299 - 58 - LRB103 05659 RPS 50678 b
2087	2087	1 applicable to State policemen, plus (ii) interest thereon at
2088	2088	2 the actuarially assumed rate for each year, compounded
2089	2089	3 annually, from the date of service to the date of payment.
2090	2090	4 Subject to the limitation in subsection (i), a State
2091	2091	5 policeman, arson investigator, or Commerce Commission police
2092	2092	6 officer may elect to establish eligible creditable service for
2093	2093	7 up to 5 years of service as a person employed by a
2094	2094	8 participating municipality to perform police duties under
2095	2095	9 Article 7, a county corrections officer, a court services
2096	2096	10 officer under Article 9, or a firefighter under Article 4 by
2097	2097	11 filing a written election with the Board within 6 months after
2098	2098	12 July 30, 2021 (the effective date of Public Act 102-210) and
2099	2099	13 paying to the System an amount to be determined by the Board
2100	2100	14 equal to (i) the difference between the amount of employee and
2101	2101	15 employer contributions transferred to the System under
2102	2102	16 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
2103	2103	17 would have been contributed had such contributions been made
2104	2104	18 at the rates applicable to State policemen, plus (ii) interest
2105	2105	19 thereon at the actuarially assumed rate for each year,
2106	2106	20 compounded annually, from the date of service to the date of
2107	2107	21 payment.
2108	2108	22 Subject to the limitation in subsection (i), a
2109	2109	23 conservation police officer may elect to establish eligible
2110	2110	24 creditable service for up to 5 years of service as a person
2111	2111	25 employed by a participating municipality to perform police
2112	2112	26 duties under Article 7, a county corrections officer, or a
2113	2113
2114	2114
2115	2115
2116	2116
2117	2117
2118	2118	HB1299 - 58 - LRB103 05659 RPS 50678 b
2119	2119
2120	2120
2121	2121	HB1299- 59 -LRB103 05659 RPS 50678 b HB1299 - 59 - LRB103 05659 RPS 50678 b
2122	2122	HB1299 - 59 - LRB103 05659 RPS 50678 b
2123	2123	1 court services officer under Article 9 by filing a written
2124	2124	2 election with the Board within 6 months after July 30, 2021
2125	2125	3 (the effective date of Public Act 102-210) and paying to the
2126	2126	4 System an amount to be determined by the Board equal to (i) the
2127	2127	5 difference between the amount of employee and employer
2128	2128	6 contributions transferred to the System under Sections 7-139.8
2129	2129	7 and 9-121.10 and the amounts that would have been contributed
2130	2130	8 had such contributions been made at the rates applicable to
2131	2131	9 State policemen, plus (ii) interest thereon at the actuarially
2132	2132	10 assumed rate for each year, compounded annually, from the date
2133	2133	11 of service to the date of payment.
2134	2134	12 Notwithstanding the limitation in subsection (i), a State
2135	2135	13 policeman or conservation police officer may elect to convert
2136	2136	14 service credit earned under this Article to eligible
2137	2137	15 creditable service, as defined by this Section, by filing a
2138	2138	16 written election with the board within 6 months after July 30,
2139	2139	17 2021 (the effective date of Public Act 102-210) and paying to
2140	2140	18 the System an amount to be determined by the Board equal to (i)
2141	2141	19 the difference between the amount of employee contributions
2142	2142	20 originally paid for that service and the amounts that would
2143	2143	21 have been contributed had such contributions been made at the
2144	2144	22 rates applicable to State policemen, plus (ii) the difference
2145	2145	23 between the employer's normal cost of the credit prior to the
2146	2146	24 conversion authorized by Public Act 102-210 and the employer's
2147	2147	25 normal cost of the credit converted in accordance with Public
2148	2148	26 Act 102-210, plus (iii) interest thereon at the actuarially
2149	2149
2150	2150
2151	2151
2152	2152
2153	2153
2154	2154	HB1299 - 59 - LRB103 05659 RPS 50678 b
2155	2155
2156	2156
2157	2157	HB1299- 60 -LRB103 05659 RPS 50678 b HB1299 - 60 - LRB103 05659 RPS 50678 b
2158	2158	HB1299 - 60 - LRB103 05659 RPS 50678 b
2159	2159	1 assumed rate for each year, compounded annually, from the date
2160	2160	2 of service to the date of payment.
2161	2161	3 (i) The total amount of eligible creditable service
2162	2162	4 established by any person under subsections (g), (h), (j),
2163	2163	5 (k), (l), (l-5), and (o), and (q) of this Section shall not
2164	2164	6 exceed 12 years.
2165	2165	7 (j) Subject to the limitation in subsection (i), an
2166	2166	8 investigator for the Office of the State's Attorneys Appellate
2167	2167	9 Prosecutor or a controlled substance inspector may elect to
2168	2168	10 establish eligible creditable service for up to 10 years of
2169	2169	11 his service as a policeman under Article 3 or a sheriff's law
2170	2170	12 enforcement employee under Article 7, by filing a written
2171	2171	13 election with the Board, accompanied by payment of an amount
2172	2172	14 to be determined by the Board, equal to (1) the difference
2173	2173	15 between the amount of employee and employer contributions
2174	2174	16 transferred to the System under Section 3-110.6 or 7-139.8,
2175	2175	17 and the amounts that would have been contributed had such
2176	2176	18 contributions been made at the rates applicable to State
2177	2177	19 policemen, plus (2) interest thereon at the effective rate for
2178	2178	20 each year, compounded annually, from the date of service to
2179	2179	21 the date of payment.
2180	2180	22 (k) Subject to the limitation in subsection (i) of this
2181	2181	23 Section, an alternative formula employee may elect to
2182	2182	24 establish eligible creditable service for periods spent as a
2183	2183	25 full-time law enforcement officer or full-time corrections
2184	2184	26 officer employed by the federal government or by a state or
2185	2185
2186	2186
2187	2187
2188	2188
2189	2189
2190	2190	HB1299 - 60 - LRB103 05659 RPS 50678 b
2191	2191
2192	2192
2193	2193	HB1299- 61 -LRB103 05659 RPS 50678 b HB1299 - 61 - LRB103 05659 RPS 50678 b
2194	2194	HB1299 - 61 - LRB103 05659 RPS 50678 b
2195	2195	1 local government located outside of Illinois, for which credit
2196	2196	2 is not held in any other public employee pension fund or
2197	2197	3 retirement system. To obtain this credit, the applicant must
2198	2198	4 file a written application with the Board by March 31, 1998,
2199	2199	5 accompanied by evidence of eligibility acceptable to the Board
2200	2200	6 and payment of an amount to be determined by the Board, equal
2201	2201	7 to (1) employee contributions for the credit being
2202	2202	8 established, based upon the applicant's salary on the first
2203	2203	9 day as an alternative formula employee after the employment
2204	2204	10 for which credit is being established and the rates then
2205	2205	11 applicable to alternative formula employees, plus (2) an
2206	2206	12 amount determined by the Board to be the employer's normal
2207	2207	13 cost of the benefits accrued for the credit being established,
2208	2208	14 plus (3) regular interest on the amounts in items (1) and (2)
2209	2209	15 from the first day as an alternative formula employee after
2210	2210	16 the employment for which credit is being established to the
2211	2211	17 date of payment.
2212	2212	18 (l) Subject to the limitation in subsection (i), a
2213	2213	19 security employee of the Department of Corrections may elect,
2214	2214	20 not later than July 1, 1998, to establish eligible creditable
2215	2215	21 service for up to 10 years of his or her service as a policeman
2216	2216	22 under Article 3, by filing a written election with the Board,
2217	2217	23 accompanied by payment of an amount to be determined by the
2218	2218	24 Board, equal to (i) the difference between the amount of
2219	2219	25 employee and employer contributions transferred to the System
2220	2220	26 under Section 3-110.5, and the amounts that would have been
2221	2221
2222	2222
2223	2223
2224	2224
2225	2225
2226	2226	HB1299 - 61 - LRB103 05659 RPS 50678 b
2227	2227
2228	2228
2229	2229	HB1299- 62 -LRB103 05659 RPS 50678 b HB1299 - 62 - LRB103 05659 RPS 50678 b
2230	2230	HB1299 - 62 - LRB103 05659 RPS 50678 b
2231	2231	1 contributed had such contributions been made at the rates
2232	2232	2 applicable to security employees of the Department of
2233	2233	3 Corrections, plus (ii) interest thereon at the effective rate
2234	2234	4 for each year, compounded annually, from the date of service
2235	2235	5 to the date of payment.
2236	2236	6 (l-5) Subject to the limitation in subsection (i) of this
2237	2237	7 Section, a State policeman may elect to establish eligible
2238	2238	8 creditable service for up to 5 years of service as a full-time
2239	2239	9 law enforcement officer employed by the federal government or
2240	2240	10 by a state or local government located outside of Illinois for
2241	2241	11 which credit is not held in any other public employee pension
2242	2242	12 fund or retirement system. To obtain this credit, the
2243	2243	13 applicant must file a written application with the Board no
2244	2244	14 later than 3 years after January 1, 2020 (the effective date of
2245	2245	15 Public Act 101-610), accompanied by evidence of eligibility
2246	2246	16 acceptable to the Board and payment of an amount to be
2247	2247	17 determined by the Board, equal to (1) employee contributions
2248	2248	18 for the credit being established, based upon the applicant's
2249	2249	19 salary on the first day as an alternative formula employee
2250	2250	20 after the employment for which credit is being established and
2251	2251	21 the rates then applicable to alternative formula employees,
2252	2252	22 plus (2) an amount determined by the Board to be the employer's
2253	2253	23 normal cost of the benefits accrued for the credit being
2254	2254	24 established, plus (3) regular interest on the amounts in items
2255	2255	25 (1) and (2) from the first day as an alternative formula
2256	2256	26 employee after the employment for which credit is being
2257	2257
2258	2258
2259	2259
2260	2260
2261	2261
2262	2262	HB1299 - 62 - LRB103 05659 RPS 50678 b
2263	2263
2264	2264
2265	2265	HB1299- 63 -LRB103 05659 RPS 50678 b HB1299 - 63 - LRB103 05659 RPS 50678 b
2266	2266	HB1299 - 63 - LRB103 05659 RPS 50678 b
2267	2267	1 established to the date of payment.
2268	2268	2 (m) The amendatory changes to this Section made by Public
2269	2269	3 Act 94-696 apply only to: (1) security employees of the
2270	2270	4 Department of Juvenile Justice employed by the Department of
2271	2271	5 Corrections before June 1, 2006 (the effective date of Public
2272	2272	6 Act 94-696) and transferred to the Department of Juvenile
2273	2273	7 Justice by Public Act 94-696; and (2) persons employed by the
2274	2274	8 Department of Juvenile Justice on or after June 1, 2006 (the
2275	2275	9 effective date of Public Act 94-696) who are required by
2276	2276	10 subsection (b) of Section 3-2.5-15 of the Unified Code of
2277	2277	11 Corrections to have any bachelor's or advanced degree from an
2278	2278	12 accredited college or university or, in the case of persons
2279	2279	13 who provide vocational training, who are required to have
2280	2280	14 adequate knowledge in the skill for which they are providing
2281	2281	15 the vocational training.
2282	2282	16 (n) A person employed in a position under subsection (b)
2283	2283	17 of this Section who has purchased service credit under
2284	2284	18 subsection (j) of Section 14-104 or subsection (b) of Section
2285	2285	19 14-105 in any other capacity under this Article may convert up
2286	2286	20 to 5 years of that service credit into service credit covered
2287	2287	21 under this Section by paying to the Fund an amount equal to (1)
2288	2288	22 the additional employee contribution required under Section
2289	2289	23 14-133, plus (2) the additional employer contribution required
2290	2290	24 under Section 14-131, plus (3) interest on items (1) and (2) at
2291	2291	25 the actuarially assumed rate from the date of the service to
2292	2292	26 the date of payment.
2293	2293
2294	2294
2295	2295
2296	2296
2297	2297
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2302	2302	HB1299 - 64 - LRB103 05659 RPS 50678 b
2303	2303	1 (o) Subject to the limitation in subsection (i), a
2304	2304	2 conservation police officer, investigator for the Secretary of
2305	2305	3 State, Commerce Commission police officer, investigator for
2306	2306	4 the Department of Revenue or the Illinois Gaming Board, or
2307	2307	5 arson investigator subject to subsection (g) of Section 1-160
2308	2308	6 may elect to convert up to 8 years of service credit
2309	2309	7 established before January 1, 2020 (the effective date of
2310	2310	8 Public Act 101-610) as a conservation police officer,
2311	2311	9 investigator for the Secretary of State, Commerce Commission
2312	2312	10 police officer, investigator for the Department of Revenue or
2313	2313	11 the Illinois Gaming Board, or arson investigator under this
2314	2314	12 Article into eligible creditable service by filing a written
2315	2315	13 election with the Board no later than one year after January 1,
2316	2316	14 2020 (the effective date of Public Act 101-610), accompanied
2317	2317	15 by payment of an amount to be determined by the Board equal to
2318	2318	16 (i) the difference between the amount of the employee
2319	2319	17 contributions actually paid for that service and the amount of
2320	2320	18 the employee contributions that would have been paid had the
2321	2321	19 employee contributions been made as a noncovered employee
2322	2322	20 serving in a position in which eligible creditable service, as
2323	2323	21 defined in this Section, may be earned, plus (ii) interest
2324	2324	22 thereon at the effective rate for each year, compounded
2325	2325	23 annually, from the date of service to the date of payment.
2326	2326	24 (q) Subject to the limitation in subsection (i), a State
2327	2327	25 highway maintenance worker subject to subsection (g) of
2328	2328	26 Section 1-160 may elect to convert up to 8 years of service
2329	2329
2330	2330
2331	2331
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2335	2335
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2338	2338	HB1299 - 65 - LRB103 05659 RPS 50678 b
2339	2339	1 credit established before the effective date of this
2340	2340	2 amendatory Act of the 103rd General Assembly as a State
2341	2341	3 highway maintenance work under this Article into eligible
2342	2342	4 creditable service by filing a written election with the Board
2343	2343	5 no later than one year after the effective date of this
2344	2344	6 amendatory Act of the 103rd General Assembly, accompanied by
2345	2345	7 payment of an amount to be determined by the Board equal to (i)
2346	2346	8 the difference between the amount of the employee
2347	2347	9 contributions actually paid for that service and the amount of
2348	2348	10 the employee contributions that would have been paid had the
2349	2349	11 employee contributions been made as a noncovered employee
2350	2350	12 serving in a position in which eligible creditable service, as
2351	2351	13 defined in this Section, may be earned, plus (ii) interest
2352	2352	14 thereon at the effective rate for each year, compounded
2353	2353	15 annually, from the date of service to the date of payment.
2354	2354	16 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
2355	2355	17 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
2356	2356	18 (Text of Section from P.A. 102-856)
2357	2357	19 Sec. 14-110. Alternative retirement annuity.
2358	2358	20 (a) Any member who has withdrawn from service with not
2359	2359	21 less than 20 years of eligible creditable service and has
2360	2360	22 attained age 55, and any member who has withdrawn from service
2361	2361	23 with not less than 25 years of eligible creditable service and
2362	2362	24 has attained age 50, regardless of whether the attainment of
2363	2363	25 either of the specified ages occurs while the member is still
2364	2364
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2374	2374	1 in service, shall be entitled to receive at the option of the
2375	2375	2 member, in lieu of the regular or minimum retirement annuity,
2376	2376	3 a retirement annuity computed as follows:
2377	2377	4 (i) for periods of service as a noncovered employee:
2378	2378	5 if retirement occurs on or after January 1, 2001, 3% of
2379	2379	6 final average compensation for each year of creditable
2380	2380	7 service; if retirement occurs before January 1, 2001, 2
2381	2381	8 1/4% of final average compensation for each of the first
2382	2382	9 10 years of creditable service, 2 1/2% for each year above
2383	2383	10 10 years to and including 20 years of creditable service,
2384	2384	11 and 2 3/4% for each year of creditable service above 20
2385	2385	12 years; and
2386	2386	13 (ii) for periods of eligible creditable service as a
2387	2387	14 covered employee: if retirement occurs on or after January
2388	2388	15 1, 2001, 2.5% of final average compensation for each year
2389	2389	16 of creditable service; if retirement occurs before January
2390	2390	17 1, 2001, 1.67% of final average compensation for each of
2391	2391	18 the first 10 years of such service, 1.90% for each of the
2392	2392	19 next 10 years of such service, 2.10% for each year of such
2393	2393	20 service in excess of 20 but not exceeding 30, and 2.30% for
2394	2394	21 each year in excess of 30.
2395	2395	22 Such annuity shall be subject to a maximum of 75% of final
2396	2396	23 average compensation if retirement occurs before January 1,
2397	2397	24 2001 or to a maximum of 80% of final average compensation if
2398	2398	25 retirement occurs on or after January 1, 2001.
2399	2399	26 These rates shall not be applicable to any service
2400	2400
2401	2401
2402	2402
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2410	2410	1 performed by a member as a covered employee which is not
2411	2411	2 eligible creditable service. Service as a covered employee
2412	2412	3 which is not eligible creditable service shall be subject to
2413	2413	4 the rates and provisions of Section 14-108.
2414	2414	5 (b) For the purpose of this Section, "eligible creditable
2415	2415	6 service" means creditable service resulting from service in
2416	2416	7 one or more of the following positions:
2417	2417	8 (1) State policeman;
2418	2418	9 (2) fire fighter in the fire protection service of a
2419	2419	10 department;
2420	2420	11 (3) air pilot;
2421	2421	12 (4) special agent;
2422	2422	13 (5) investigator for the Secretary of State;
2423	2423	14 (6) conservation police officer;
2424	2424	15 (7) investigator for the Department of Revenue or the
2425	2425	16 Illinois Gaming Board;
2426	2426	17 (8) security employee of the Department of Human
2427	2427	18 Services;
2428	2428	19 (9) Central Management Services security police
2429	2429	20 officer;
2430	2430	21 (10) security employee of the Department of
2431	2431	22 Corrections or the Department of Juvenile Justice;
2432	2432	23 (11) dangerous drugs investigator;
2433	2433	24 (12) investigator for the Illinois State Police;
2434	2434	25 (13) investigator for the Office of the Attorney
2435	2435	26 General;
2436	2436
2437	2437
2438	2438
2439	2439
2440	2440
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2446	2446	1 (14) controlled substance inspector;
2447	2447	2 (15) investigator for the Office of the State's
2448	2448	3 Attorneys Appellate Prosecutor;
2449	2449	4 (16) Commerce Commission police officer;
2450	2450	5 (17) arson investigator;
2451	2451	6 (18) State highway maintenance worker;
2452	2452	7 (19) security employee of the Department of Innovation
2453	2453	8 and Technology; or
2454	2454	9 (20) transferred employee.
2455	2455	10 A person employed in one of the positions specified in
2456	2456	11 this subsection is entitled to eligible creditable service for
2457	2457	12 service credit earned under this Article while undergoing the
2458	2458	13 basic police training course approved by the Illinois Law
2459	2459	14 Enforcement Training Standards Board, if completion of that
2460	2460	15 training is required of persons serving in that position. For
2461	2461	16 the purposes of this Code, service during the required basic
2462	2462	17 police training course shall be deemed performance of the
2463	2463	18 duties of the specified position, even though the person is
2464	2464	19 not a sworn peace officer at the time of the training.
2465	2465	20 A person under paragraph (20) is entitled to eligible
2466	2466	21 creditable service for service credit earned under this
2467	2467	22 Article on and after his or her transfer by Executive Order No.
2468	2468	23 2003-10, Executive Order No. 2004-2, or Executive Order No.
2469	2469	24 2016-1.
2470	2470	25 (c) For the purposes of this Section:
2471	2471	26 (1) The term "State policeman" includes any title or
2472	2472
2473	2473
2474	2474
2475	2475
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2482	2482	1 position in the Illinois State Police that is held by an
2483	2483	2 individual employed under the Illinois State Police Act.
2484	2484	3 (2) The term "fire fighter in the fire protection
2485	2485	4 service of a department" includes all officers in such
2486	2486	5 fire protection service including fire chiefs and
2487	2487	6 assistant fire chiefs.
2488	2488	7 (3) The term "air pilot" includes any employee whose
2489	2489	8 official job description on file in the Department of
2490	2490	9 Central Management Services, or in the department by which
2491	2491	10 he is employed if that department is not covered by the
2492	2492	11 Personnel Code, states that his principal duty is the
2493	2493	12 operation of aircraft, and who possesses a pilot's
2494	2494	13 license; however, the change in this definition made by
2495	2495	14 Public Act 83-842 shall not operate to exclude any
2496	2496	15 noncovered employee who was an "air pilot" for the
2497	2497	16 purposes of this Section on January 1, 1984.
2498	2498	17 (4) The term "special agent" means any person who by
2499	2499	18 reason of employment by the Division of Narcotic Control,
2500	2500	19 the Bureau of Investigation or, after July 1, 1977, the
2501	2501	20 Division of Criminal Investigation, the Division of
2502	2502	21 Internal Investigation, the Division of Operations, the
2503	2503	22 Division of Patrol Operations, or any other Division or
2504	2504	23 organizational entity in the Illinois State Police is
2505	2505	24 vested by law with duties to maintain public order,
2506	2506	25 investigate violations of the criminal law of this State,
2507	2507	26 enforce the laws of this State, make arrests and recover
2508	2508
2509	2509
2510	2510
2511	2511
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2518	2518	1 property. The term "special agent" includes any title or
2519	2519	2 position in the Illinois State Police that is held by an
2520	2520	3 individual employed under the Illinois State Police Act.
2521	2521	4 (5) The term "investigator for the Secretary of State"
2522	2522	5 means any person employed by the Office of the Secretary
2523	2523	6 of State and vested with such investigative duties as
2524	2524	7 render him ineligible for coverage under the Social
2525	2525	8 Security Act by reason of Sections 218(d)(5)(A),
2526	2526	9 218(d)(8)(D) and 218(l)(1) of that Act.
2527	2527	10 A person who became employed as an investigator for
2528	2528	11 the Secretary of State between January 1, 1967 and
2529	2529	12 December 31, 1975, and who has served as such until
2530	2530	13 attainment of age 60, either continuously or with a single
2531	2531	14 break in service of not more than 3 years duration, which
2532	2532	15 break terminated before January 1, 1976, shall be entitled
2533	2533	16 to have his retirement annuity calculated in accordance
2534	2534	17 with subsection (a), notwithstanding that he has less than
2535	2535	18 20 years of credit for such service.
2536	2536	19 (6) The term "Conservation Police Officer" means any
2537	2537	20 person employed by the Division of Law Enforcement of the
2538	2538	21 Department of Natural Resources and vested with such law
2539	2539	22 enforcement duties as render him ineligible for coverage
2540	2540	23 under the Social Security Act by reason of Sections
2541	2541	24 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
2542	2542	25 term "Conservation Police Officer" includes the positions
2543	2543	26 of Chief Conservation Police Administrator and Assistant
2544	2544
2545	2545
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2547	2547
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2554	2554	1 Conservation Police Administrator.
2555	2555	2 (7) The term "investigator for the Department of
2556	2556	3 Revenue" means any person employed by the Department of
2557	2557	4 Revenue and vested with such investigative duties as
2558	2558	5 render him ineligible for coverage under the Social
2559	2559	6 Security Act by reason of Sections 218(d)(5)(A),
2560	2560	7 218(d)(8)(D) and 218(l)(1) of that Act.
2561	2561	8 The term "investigator for the Illinois Gaming Board"
2562	2562	9 means any person employed as such by the Illinois Gaming
2563	2563	10 Board and vested with such peace officer duties as render
2564	2564	11 the person ineligible for coverage under the Social
2565	2565	12 Security Act by reason of Sections 218(d)(5)(A),
2566	2566	13 218(d)(8)(D), and 218(l)(1) of that Act.
2567	2567	14 (8) The term "security employee of the Department of
2568	2568	15 Human Services" means any person employed by the
2569	2569	16 Department of Human Services who (i) is employed at the
2570	2570	17 Chester Mental Health Center and has daily contact with
2571	2571	18 the residents thereof, (ii) is employed within a security
2572	2572	19 unit at a facility operated by the Department and has
2573	2573	20 daily contact with the residents of the security unit,
2574	2574	21 (iii) is employed at a facility operated by the Department
2575	2575	22 that includes a security unit and is regularly scheduled
2576	2576	23 to work at least 50% of his or her working hours within
2577	2577	24 that security unit, or (iv) is a mental health police
2578	2578	25 officer. "Mental health police officer" means any person
2579	2579	26 employed by the Department of Human Services in a position
2580	2580
2581	2581
2582	2582
2583	2583
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2590	2590	1 pertaining to the Department's mental health and
2591	2591	2 developmental disabilities functions who is vested with
2592	2592	3 such law enforcement duties as render the person
2593	2593	4 ineligible for coverage under the Social Security Act by
2594	2594	5 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
2595	2595	6 218(l)(1) of that Act. "Security unit" means that portion
2596	2596	7 of a facility that is devoted to the care, containment,
2597	2597	8 and treatment of persons committed to the Department of
2598	2598	9 Human Services as sexually violent persons, persons unfit
2599	2599	10 to stand trial, or persons not guilty by reason of
2600	2600	11 insanity. With respect to past employment, references to
2601	2601	12 the Department of Human Services include its predecessor,
2602	2602	13 the Department of Mental Health and Developmental
2603	2603	14 Disabilities.
2604	2604	15 The changes made to this subdivision (c)(8) by Public
2605	2605	16 Act 92-14 apply to persons who retire on or after January
2606	2606	17 1, 2001, notwithstanding Section 1-103.1.
2607	2607	18 (9) "Central Management Services security police
2608	2608	19 officer" means any person employed by the Department of
2609	2609	20 Central Management Services who is vested with such law
2610	2610	21 enforcement duties as render him ineligible for coverage
2611	2611	22 under the Social Security Act by reason of Sections
2612	2612	23 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2613	2613	24 (10) For a member who first became an employee under
2614	2614	25 this Article before July 1, 2005, the term "security
2615	2615	26 employee of the Department of Corrections or the
2616	2616
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2626	2626	1 Department of Juvenile Justice" means any employee of the
2627	2627	2 Department of Corrections or the Department of Juvenile
2628	2628	3 Justice or the former Department of Personnel, and any
2629	2629	4 member or employee of the Prisoner Review Board, who has
2630	2630	5 daily contact with inmates or youth by working within a
2631	2631	6 correctional facility or Juvenile facility operated by the
2632	2632	7 Department of Juvenile Justice or who is a parole officer
2633	2633	8 or an employee who has direct contact with committed
2634	2634	9 persons in the performance of his or her job duties. For a
2635	2635	10 member who first becomes an employee under this Article on
2636	2636	11 or after July 1, 2005, the term means an employee of the
2637	2637	12 Department of Corrections or the Department of Juvenile
2638	2638	13 Justice who is any of the following: (i) officially
2639	2639	14 headquartered at a correctional facility or Juvenile
2640	2640	15 facility operated by the Department of Juvenile Justice,
2641	2641	16 (ii) a parole officer, (iii) a member of the apprehension
2642	2642	17 unit, (iv) a member of the intelligence unit, (v) a member
2643	2643	18 of the sort team, or (vi) an investigator.
2644	2644	19 (11) The term "dangerous drugs investigator" means any
2645	2645	20 person who is employed as such by the Department of Human
2646	2646	21 Services.
2647	2647	22 (12) The term "investigator for the Illinois State
2648	2648	23 Police" means a person employed by the Illinois State
2649	2649	24 Police who is vested under Section 4 of the Narcotic
2650	2650	25 Control Division Abolition Act with such law enforcement
2651	2651	26 powers as render him ineligible for coverage under the
2652	2652
2653	2653
2654	2654
2655	2655
2656	2656
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2658	2658
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2662	2662	1 Social Security Act by reason of Sections 218(d)(5)(A),
2663	2663	2 218(d)(8)(D) and 218(l)(1) of that Act.
2664	2664	3 (13) "Investigator for the Office of the Attorney
2665	2665	4 General" means any person who is employed as such by the
2666	2666	5 Office of the Attorney General and is vested with such
2667	2667	6 investigative duties as render him ineligible for coverage
2668	2668	7 under the Social Security Act by reason of Sections
2669	2669	8 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
2670	2670	9 the period before January 1, 1989, the term includes all
2671	2671	10 persons who were employed as investigators by the Office
2672	2672	11 of the Attorney General, without regard to social security
2673	2673	12 status.
2674	2674	13 (14) "Controlled substance inspector" means any person
2675	2675	14 who is employed as such by the Department of Professional
2676	2676	15 Regulation and is vested with such law enforcement duties
2677	2677	16 as render him ineligible for coverage under the Social
2678	2678	17 Security Act by reason of Sections 218(d)(5)(A),
2679	2679	18 218(d)(8)(D) and 218(l)(1) of that Act. The term
2680	2680	19 "controlled substance inspector" includes the Program
2681	2681	20 Executive of Enforcement and the Assistant Program
2682	2682	21 Executive of Enforcement.
2683	2683	22 (15) The term "investigator for the Office of the
2684	2684	23 State's Attorneys Appellate Prosecutor" means a person
2685	2685	24 employed in that capacity on a full-time basis under the
2686	2686	25 authority of Section 7.06 of the State's Attorneys
2687	2687	26 Appellate Prosecutor's Act.
2688	2688
2689	2689
2690	2690
2691	2691
2692	2692
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2694	2694
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2698	2698	1 (16) "Commerce Commission police officer" means any
2699	2699	2 person employed by the Illinois Commerce Commission who is
2700	2700	3 vested with such law enforcement duties as render him
2701	2701	4 ineligible for coverage under the Social Security Act by
2702	2702	5 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
2703	2703	6 218(l)(1) of that Act.
2704	2704	7 (17) "Arson investigator" means any person who is
2705	2705	8 employed as such by the Office of the State Fire Marshal
2706	2706	9 and is vested with such law enforcement duties as render
2707	2707	10 the person ineligible for coverage under the Social
2708	2708	11 Security Act by reason of Sections 218(d)(5)(A),
2709	2709	12 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
2710	2710	13 employed as an arson investigator on January 1, 1995 and
2711	2711	14 is no longer in service but not yet receiving a retirement
2712	2712	15 annuity may convert his or her creditable service for
2713	2713	16 employment as an arson investigator into eligible
2714	2714	17 creditable service by paying to the System the difference
2715	2715	18 between the employee contributions actually paid for that
2716	2716	19 service and the amounts that would have been contributed
2717	2717	20 if the applicant were contributing at the rate applicable
2718	2718	21 to persons with the same social security status earning
2719	2719	22 eligible creditable service on the date of application.
2720	2720	23 (18) The term "State highway maintenance worker" means
2721	2721	24 a person who is either of the following:
2722	2722	25 (i) A person employed on a full-time basis by the
2723	2723	26 Illinois Department of Transportation in the position
2724	2724
2725	2725
2726	2726
2727	2727
2728	2728
2729	2729	HB1299 - 75 - LRB103 05659 RPS 50678 b
2730	2730
2731	2731
2732	2732	HB1299- 76 -LRB103 05659 RPS 50678 b HB1299 - 76 - LRB103 05659 RPS 50678 b
2733	2733	HB1299 - 76 - LRB103 05659 RPS 50678 b
2734	2734	1 of highway maintainer, highway maintenance lead
2735	2735	2 worker, highway maintenance lead/lead worker, heavy
2736	2736	3 construction equipment operator, power shovel
2737	2737	4 operator, or bridge mechanic; and whose principal
2738	2738	5 responsibility is to perform, on the roadway, the
2739	2739	6 actual maintenance necessary to keep the highways that
2740	2740	7 form a part of the State highway system in serviceable
2741	2741	8 condition for vehicular traffic.
2742	2742	9 (ii) A person employed on a full-time basis by the
2743	2743	10 Illinois State Toll Highway Authority in the position
2744	2744	11 of equipment operator/laborer H-4, equipment
2745	2745	12 operator/laborer H-6, welder H-4, welder H-6,
2746	2746	13 mechanical/electrical H-4, mechanical/electrical H-6,
2747	2747	14 water/sewer H-4, water/sewer H-6, sign maker/hanger
2748	2748	15 H-4, sign maker/hanger H-6, roadway lighting H-4,
2749	2749	16 roadway lighting H-6, structural H-4, structural H-6,
2750	2750	17 painter H-4, or painter H-6; and whose principal
2751	2751	18 responsibility is to perform, on the roadway, the
2752	2752	19 actual maintenance necessary to keep the Authority's
2753	2753	20 tollways in serviceable condition for vehicular
2754	2754	21 traffic.
2755	2755	22 (19) The term "security employee of the Department of
2756	2756	23 Innovation and Technology" means a person who was a
2757	2757	24 security employee of the Department of Corrections or the
2758	2758	25 Department of Juvenile Justice, was transferred to the
2759	2759	26 Department of Innovation and Technology pursuant to
2760	2760
2761	2761
2762	2762
2763	2763
2764	2764
2765	2765	HB1299 - 76 - LRB103 05659 RPS 50678 b
2766	2766
2767	2767
2768	2768	HB1299- 77 -LRB103 05659 RPS 50678 b HB1299 - 77 - LRB103 05659 RPS 50678 b
2769	2769	HB1299 - 77 - LRB103 05659 RPS 50678 b
2770	2770	1 Executive Order 2016-01, and continues to perform similar
2771	2771	2 job functions under that Department.
2772	2772	3 (20) "Transferred employee" means an employee who was
2773	2773	4 transferred to the Department of Central Management
2774	2774	5 Services by Executive Order No. 2003-10 or Executive Order
2775	2775	6 No. 2004-2 or transferred to the Department of Innovation
2776	2776	7 and Technology by Executive Order No. 2016-1, or both, and
2777	2777	8 was entitled to eligible creditable service for services
2778	2778	9 immediately preceding the transfer.
2779	2779	10 (d) A security employee of the Department of Corrections
2780	2780	11 or the Department of Juvenile Justice, a security employee of
2781	2781	12 the Department of Human Services who is not a mental health
2782	2782	13 police officer, and a security employee of the Department of
2783	2783	14 Innovation and Technology shall not be eligible for the
2784	2784	15 alternative retirement annuity provided by this Section unless
2785	2785	16 he or she meets the following minimum age and service
2786	2786	17 requirements at the time of retirement:
2787	2787	18 (i) 25 years of eligible creditable service and age
2788	2788	19 55; or
2789	2789	20 (ii) beginning January 1, 1987, 25 years of eligible
2790	2790	21 creditable service and age 54, or 24 years of eligible
2791	2791	22 creditable service and age 55; or
2792	2792	23 (iii) beginning January 1, 1988, 25 years of eligible
2793	2793	24 creditable service and age 53, or 23 years of eligible
2794	2794	25 creditable service and age 55; or
2795	2795	26 (iv) beginning January 1, 1989, 25 years of eligible
2796	2796
2797	2797
2798	2798
2799	2799
2800	2800
2801	2801	HB1299 - 77 - LRB103 05659 RPS 50678 b
2802	2802
2803	2803
2804	2804	HB1299- 78 -LRB103 05659 RPS 50678 b HB1299 - 78 - LRB103 05659 RPS 50678 b
2805	2805	HB1299 - 78 - LRB103 05659 RPS 50678 b
2806	2806	1 creditable service and age 52, or 22 years of eligible
2807	2807	2 creditable service and age 55; or
2808	2808	3 (v) beginning January 1, 1990, 25 years of eligible
2809	2809	4 creditable service and age 51, or 21 years of eligible
2810	2810	5 creditable service and age 55; or
2811	2811	6 (vi) beginning January 1, 1991, 25 years of eligible
2812	2812	7 creditable service and age 50, or 20 years of eligible
2813	2813	8 creditable service and age 55.
2814	2814	9 Persons who have service credit under Article 16 of this
2815	2815	10 Code for service as a security employee of the Department of
2816	2816	11 Corrections or the Department of Juvenile Justice, or the
2817	2817	12 Department of Human Services in a position requiring
2818	2818	13 certification as a teacher may count such service toward
2819	2819	14 establishing their eligibility under the service requirements
2820	2820	15 of this Section; but such service may be used only for
2821	2821	16 establishing such eligibility, and not for the purpose of
2822	2822	17 increasing or calculating any benefit.
2823	2823	18 (e) If a member enters military service while working in a
2824	2824	19 position in which eligible creditable service may be earned,
2825	2825	20 and returns to State service in the same or another such
2826	2826	21 position, and fulfills in all other respects the conditions
2827	2827	22 prescribed in this Article for credit for military service,
2828	2828	23 such military service shall be credited as eligible creditable
2829	2829	24 service for the purposes of the retirement annuity prescribed
2830	2830	25 in this Section.
2831	2831	26 (f) For purposes of calculating retirement annuities under
2832	2832
2833	2833
2834	2834
2835	2835
2836	2836
2837	2837	HB1299 - 78 - LRB103 05659 RPS 50678 b
2838	2838
2839	2839
2840	2840	HB1299- 79 -LRB103 05659 RPS 50678 b HB1299 - 79 - LRB103 05659 RPS 50678 b
2841	2841	HB1299 - 79 - LRB103 05659 RPS 50678 b
2842	2842	1 this Section, periods of service rendered after December 31,
2843	2843	2 1968 and before October 1, 1975 as a covered employee in the
2844	2844	3 position of special agent, conservation police officer, mental
2845	2845	4 health police officer, or investigator for the Secretary of
2846	2846	5 State, shall be deemed to have been service as a noncovered
2847	2847	6 employee, provided that the employee pays to the System prior
2848	2848	7 to retirement an amount equal to (1) the difference between
2849	2849	8 the employee contributions that would have been required for
2850	2850	9 such service as a noncovered employee, and the amount of
2851	2851	10 employee contributions actually paid, plus (2) if payment is
2852	2852	11 made after July 31, 1987, regular interest on the amount
2853	2853	12 specified in item (1) from the date of service to the date of
2854	2854	13 payment.
2855	2855	14 For purposes of calculating retirement annuities under
2856	2856	15 this Section, periods of service rendered after December 31,
2857	2857	16 1968 and before January 1, 1982 as a covered employee in the
2858	2858	17 position of investigator for the Department of Revenue shall
2859	2859	18 be deemed to have been service as a noncovered employee,
2860	2860	19 provided that the employee pays to the System prior to
2861	2861	20 retirement an amount equal to (1) the difference between the
2862	2862	21 employee contributions that would have been required for such
2863	2863	22 service as a noncovered employee, and the amount of employee
2864	2864	23 contributions actually paid, plus (2) if payment is made after
2865	2865	24 January 1, 1990, regular interest on the amount specified in
2866	2866	25 item (1) from the date of service to the date of payment.
2867	2867	26 (g) A State policeman may elect, not later than January 1,
2868	2868
2869	2869
2870	2870
2871	2871
2872	2872
2873	2873	HB1299 - 79 - LRB103 05659 RPS 50678 b
2874	2874
2875	2875
2876	2876	HB1299- 80 -LRB103 05659 RPS 50678 b HB1299 - 80 - LRB103 05659 RPS 50678 b
2877	2877	HB1299 - 80 - LRB103 05659 RPS 50678 b
2878	2878	1 1990, to establish eligible creditable service for up to 10
2879	2879	2 years of his service as a policeman under Article 3, by filing
2880	2880	3 a written election with the Board, accompanied by payment of
2881	2881	4 an amount to be determined by the Board, equal to (i) the
2882	2882	5 difference between the amount of employee and employer
2883	2883	6 contributions transferred to the System under Section 3-110.5,
2884	2884	7 and the amounts that would have been contributed had such
2885	2885	8 contributions been made at the rates applicable to State
2886	2886	9 policemen, plus (ii) interest thereon at the effective rate
2887	2887	10 for each year, compounded annually, from the date of service
2888	2888	11 to the date of payment.
2889	2889	12 Subject to the limitation in subsection (i), a State
2890	2890	13 policeman may elect, not later than July 1, 1993, to establish
2891	2891	14 eligible creditable service for up to 10 years of his service
2892	2892	15 as a member of the County Police Department under Article 9, by
2893	2893	16 filing a written election with the Board, accompanied by
2894	2894	17 payment of an amount to be determined by the Board, equal to
2895	2895	18 (i) the difference between the amount of employee and employer
2896	2896	19 contributions transferred to the System under Section 9-121.10
2897	2897	20 and the amounts that would have been contributed had those
2898	2898	21 contributions been made at the rates applicable to State
2899	2899	22 policemen, plus (ii) interest thereon at the effective rate
2900	2900	23 for each year, compounded annually, from the date of service
2901	2901	24 to the date of payment.
2902	2902	25 (h) Subject to the limitation in subsection (i), a State
2903	2903	26 policeman or investigator for the Secretary of State may elect
2904	2904
2905	2905
2906	2906
2907	2907
2908	2908
2909	2909	HB1299 - 80 - LRB103 05659 RPS 50678 b
2910	2910
2911	2911
2912	2912	HB1299- 81 -LRB103 05659 RPS 50678 b HB1299 - 81 - LRB103 05659 RPS 50678 b
2913	2913	HB1299 - 81 - LRB103 05659 RPS 50678 b
2914	2914	1 to establish eligible creditable service for up to 12 years of
2915	2915	2 his service as a policeman under Article 5, by filing a written
2916	2916	3 election with the Board on or before January 31, 1992, and
2917	2917	4 paying to the System by January 31, 1994 an amount to be
2918	2918	5 determined by the Board, equal to (i) the difference between
2919	2919	6 the amount of employee and employer contributions transferred
2920	2920	7 to the System under Section 5-236, and the amounts that would
2921	2921	8 have been contributed had such contributions been made at the
2922	2922	9 rates applicable to State policemen, plus (ii) interest
2923	2923	10 thereon at the effective rate for each year, compounded
2924	2924	11 annually, from the date of service to the date of payment.
2925	2925	12 Subject to the limitation in subsection (i), a State
2926	2926	13 policeman, conservation police officer, or investigator for
2927	2927	14 the Secretary of State may elect to establish eligible
2928	2928	15 creditable service for up to 10 years of service as a sheriff's
2929	2929	16 law enforcement employee under Article 7, by filing a written
2930	2930	17 election with the Board on or before January 31, 1993, and
2931	2931	18 paying to the System by January 31, 1994 an amount to be
2932	2932	19 determined by the Board, equal to (i) the difference between
2933	2933	20 the amount of employee and employer contributions transferred
2934	2934	21 to the System under Section 7-139.7, and the amounts that
2935	2935	22 would have been contributed had such contributions been made
2936	2936	23 at the rates applicable to State policemen, plus (ii) interest
2937	2937	24 thereon at the effective rate for each year, compounded
2938	2938	25 annually, from the date of service to the date of payment.
2939	2939	26 Subject to the limitation in subsection (i), a State
2940	2940
2941	2941
2942	2942
2943	2943
2944	2944
2945	2945	HB1299 - 81 - LRB103 05659 RPS 50678 b
2946	2946
2947	2947
2948	2948	HB1299- 82 -LRB103 05659 RPS 50678 b HB1299 - 82 - LRB103 05659 RPS 50678 b
2949	2949	HB1299 - 82 - LRB103 05659 RPS 50678 b
2950	2950	1 policeman, conservation police officer, or investigator for
2951	2951	2 the Secretary of State may elect to establish eligible
2952	2952	3 creditable service for up to 5 years of service as a police
2953	2953	4 officer under Article 3, a policeman under Article 5, a
2954	2954	5 sheriff's law enforcement employee under Article 7, a member
2955	2955	6 of the county police department under Article 9, or a police
2956	2956	7 officer under Article 15 by filing a written election with the
2957	2957	8 Board and paying to the System an amount to be determined by
2958	2958	9 the Board, equal to (i) the difference between the amount of
2959	2959	10 employee and employer contributions transferred to the System
2960	2960	11 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
2961	2961	12 and the amounts that would have been contributed had such
2962	2962	13 contributions been made at the rates applicable to State
2963	2963	14 policemen, plus (ii) interest thereon at the effective rate
2964	2964	15 for each year, compounded annually, from the date of service
2965	2965	16 to the date of payment.
2966	2966	17 Subject to the limitation in subsection (i), an
2967	2967	18 investigator for the Office of the Attorney General, or an
2968	2968	19 investigator for the Department of Revenue, may elect to
2969	2969	20 establish eligible creditable service for up to 5 years of
2970	2970	21 service as a police officer under Article 3, a policeman under
2971	2971	22 Article 5, a sheriff's law enforcement employee under Article
2972	2972	23 7, or a member of the county police department under Article 9
2973	2973	24 by filing a written election with the Board within 6 months
2974	2974	25 after August 25, 2009 (the effective date of Public Act
2975	2975	26 96-745) and paying to the System an amount to be determined by
2976	2976
2977	2977
2978	2978
2979	2979
2980	2980
2981	2981	HB1299 - 82 - LRB103 05659 RPS 50678 b
2982	2982
2983	2983
2984	2984	HB1299- 83 -LRB103 05659 RPS 50678 b HB1299 - 83 - LRB103 05659 RPS 50678 b
2985	2985	HB1299 - 83 - LRB103 05659 RPS 50678 b
2986	2986	1 the Board, equal to (i) the difference between the amount of
2987	2987	2 employee and employer contributions transferred to the System
2988	2988	3 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
2989	2989	4 amounts that would have been contributed had such
2990	2990	5 contributions been made at the rates applicable to State
2991	2991	6 policemen, plus (ii) interest thereon at the actuarially
2992	2992	7 assumed rate for each year, compounded annually, from the date
2993	2993	8 of service to the date of payment.
2994	2994	9 Subject to the limitation in subsection (i), a State
2995	2995	10 policeman, conservation police officer, investigator for the
2996	2996	11 Office of the Attorney General, an investigator for the
2997	2997	12 Department of Revenue, or investigator for the Secretary of
2998	2998	13 State may elect to establish eligible creditable service for
2999	2999	14 up to 5 years of service as a person employed by a
3000	3000	15 participating municipality to perform police duties, or law
3001	3001	16 enforcement officer employed on a full-time basis by a forest
3002	3002	17 preserve district under Article 7, a county corrections
3003	3003	18 officer, or a court services officer under Article 9, by
3004	3004	19 filing a written election with the Board within 6 months after
3005	3005	20 August 25, 2009 (the effective date of Public Act 96-745) and
3006	3006	21 paying to the System an amount to be determined by the Board,
3007	3007	22 equal to (i) the difference between the amount of employee and
3008	3008	23 employer contributions transferred to the System under
3009	3009	24 Sections 7-139.8 and 9-121.10 and the amounts that would have
3010	3010	25 been contributed had such contributions been made at the rates
3011	3011	26 applicable to State policemen, plus (ii) interest thereon at
3012	3012
3013	3013
3014	3014
3015	3015
3016	3016
3017	3017	HB1299 - 83 - LRB103 05659 RPS 50678 b
3018	3018
3019	3019
3020	3020	HB1299- 84 -LRB103 05659 RPS 50678 b HB1299 - 84 - LRB103 05659 RPS 50678 b
3021	3021	HB1299 - 84 - LRB103 05659 RPS 50678 b
3022	3022	1 the actuarially assumed rate for each year, compounded
3023	3023	2 annually, from the date of service to the date of payment.
3024	3024	3 Subject to the limitation in subsection (i), a State
3025	3025	4 policeman, arson investigator, or Commerce Commission police
3026	3026	5 officer may elect to establish eligible creditable service for
3027	3027	6 up to 5 years of service as a person employed by a
3028	3028	7 participating municipality to perform police duties under
3029	3029	8 Article 7, a county corrections officer, a court services
3030	3030	9 officer under Article 9, or a firefighter under Article 4 by
3031	3031	10 filing a written election with the Board within 6 months after
3032	3032	11 July 30, 2021 (the effective date of Public Act 102-210) and
3033	3033	12 paying to the System an amount to be determined by the Board
3034	3034	13 equal to (i) the difference between the amount of employee and
3035	3035	14 employer contributions transferred to the System under
3036	3036	15 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
3037	3037	16 would have been contributed had such contributions been made
3038	3038	17 at the rates applicable to State policemen, plus (ii) interest
3039	3039	18 thereon at the actuarially assumed rate for each year,
3040	3040	19 compounded annually, from the date of service to the date of
3041	3041	20 payment.
3042	3042	21 Subject to the limitation in subsection (i), a
3043	3043	22 conservation police officer may elect to establish eligible
3044	3044	23 creditable service for up to 5 years of service as a person
3045	3045	24 employed by a participating municipality to perform police
3046	3046	25 duties under Article 7, a county corrections officer, or a
3047	3047	26 court services officer under Article 9 by filing a written
3048	3048
3049	3049
3050	3050
3051	3051
3052	3052
3053	3053	HB1299 - 84 - LRB103 05659 RPS 50678 b
3054	3054
3055	3055
3056	3056	HB1299- 85 -LRB103 05659 RPS 50678 b HB1299 - 85 - LRB103 05659 RPS 50678 b
3057	3057	HB1299 - 85 - LRB103 05659 RPS 50678 b
3058	3058	1 election with the Board within 6 months after July 30, 2021
3059	3059	2 (the effective date of Public Act 102-210) and paying to the
3060	3060	3 System an amount to be determined by the Board equal to (i) the
3061	3061	4 difference between the amount of employee and employer
3062	3062	5 contributions transferred to the System under Sections 7-139.8
3063	3063	6 and 9-121.10 and the amounts that would have been contributed
3064	3064	7 had such contributions been made at the rates applicable to
3065	3065	8 State policemen, plus (ii) interest thereon at the actuarially
3066	3066	9 assumed rate for each year, compounded annually, from the date
3067	3067	10 of service to the date of payment.
3068	3068	11 Subject to the limitation in subsection (i), an
3069	3069	12 investigator for the Department of Revenue, investigator for
3070	3070	13 the Illinois Gaming Board, investigator for the Secretary of
3071	3071	14 State, or arson investigator may elect to establish eligible
3072	3072	15 creditable service for up to 5 years of service as a person
3073	3073	16 employed by a participating municipality to perform police
3074	3074	17 duties under Article 7, a county corrections officer, a court
3075	3075	18 services officer under Article 9, or a firefighter under
3076	3076	19 Article 4 by filing a written election with the Board within 6
3077	3077	20 months after the effective date of this amendatory Act of the
3078	3078	21 102nd General Assembly and paying to the System an amount to be
3079	3079	22 determined by the Board equal to (i) the difference between
3080	3080	23 the amount of employee and employer contributions transferred
3081	3081	24 to the System under Sections 4-108.8, 7-139.8, and 9-121.10
3082	3082	25 and the amounts that would have been contributed had such
3083	3083	26 contributions been made at the rates applicable to State
3084	3084
3085	3085
3086	3086
3087	3087
3088	3088
3089	3089	HB1299 - 85 - LRB103 05659 RPS 50678 b
3090	3090
3091	3091
3092	3092	HB1299- 86 -LRB103 05659 RPS 50678 b HB1299 - 86 - LRB103 05659 RPS 50678 b
3093	3093	HB1299 - 86 - LRB103 05659 RPS 50678 b
3094	3094	1 policemen, plus (ii) interest thereon at the actuarially
3095	3095	2 assumed rate for each year, compounded annually, from the date
3096	3096	3 of service to the date of payment.
3097	3097	4 Notwithstanding the limitation in subsection (i), a State
3098	3098	5 policeman or conservation police officer may elect to convert
3099	3099	6 service credit earned under this Article to eligible
3100	3100	7 creditable service, as defined by this Section, by filing a
3101	3101	8 written election with the board within 6 months after July 30,
3102	3102	9 2021 (the effective date of Public Act 102-210) and paying to
3103	3103	10 the System an amount to be determined by the Board equal to (i)
3104	3104	11 the difference between the amount of employee contributions
3105	3105	12 originally paid for that service and the amounts that would
3106	3106	13 have been contributed had such contributions been made at the
3107	3107	14 rates applicable to State policemen, plus (ii) the difference
3108	3108	15 between the employer's normal cost of the credit prior to the
3109	3109	16 conversion authorized by Public Act 102-210 and the employer's
3110	3110	17 normal cost of the credit converted in accordance with Public
3111	3111	18 Act 102-210, plus (iii) interest thereon at the actuarially
3112	3112	19 assumed rate for each year, compounded annually, from the date
3113	3113	20 of service to the date of payment.
3114	3114	21 Notwithstanding the limitation in subsection (i), an
3115	3115	22 investigator for the Department of Revenue, investigator for
3116	3116	23 the Illinois Gaming Board, investigator for the Secretary of
3117	3117	24 State, or arson investigator may elect to convert service
3118	3118	25 credit earned under this Article to eligible creditable
3119	3119	26 service, as defined by this Section, by filing a written
3120	3120
3121	3121
3122	3122
3123	3123
3124	3124
3125	3125	HB1299 - 86 - LRB103 05659 RPS 50678 b
3126	3126
3127	3127
3128	3128	HB1299- 87 -LRB103 05659 RPS 50678 b HB1299 - 87 - LRB103 05659 RPS 50678 b
3129	3129	HB1299 - 87 - LRB103 05659 RPS 50678 b
3130	3130	1 election with the Board within 6 months after the effective
3131	3131	2 date of this amendatory Act of the 102nd General Assembly and
3132	3132	3 paying to the System an amount to be determined by the Board
3133	3133	4 equal to (i) the difference between the amount of employee
3134	3134	5 contributions originally paid for that service and the amounts
3135	3135	6 that would have been contributed had such contributions been
3136	3136	7 made at the rates applicable to investigators for the
3137	3137	8 Department of Revenue, investigators for the Illinois Gaming
3138	3138	9 Board, investigators for the Secretary of State, or arson
3139	3139	10 investigators, plus (ii) the difference between the employer's
3140	3140	11 normal cost of the credit prior to the conversion authorized
3141	3141	12 by this amendatory Act of the 102nd General Assembly and the
3142	3142	13 employer's normal cost of the credit converted in accordance
3143	3143	14 with this amendatory Act of the 102nd General Assembly, plus
3144	3144	15 (iii) interest thereon at the actuarially assumed rate for
3145	3145	16 each year, compounded annually, from the date of service to
3146	3146	17 the date of payment.
3147	3147	18 (i) The total amount of eligible creditable service
3148	3148	19 established by any person under subsections (g), (h), (j),
3149	3149	20 (k), (l), (l-5), and (o), and (q) of this Section shall not
3150	3150	21 exceed 12 years.
3151	3151	22 (j) Subject to the limitation in subsection (i), an
3152	3152	23 investigator for the Office of the State's Attorneys Appellate
3153	3153	24 Prosecutor or a controlled substance inspector may elect to
3154	3154	25 establish eligible creditable service for up to 10 years of
3155	3155	26 his service as a policeman under Article 3 or a sheriff's law
3156	3156
3157	3157
3158	3158
3159	3159
3160	3160
3161	3161	HB1299 - 87 - LRB103 05659 RPS 50678 b
3162	3162
3163	3163
3164	3164	HB1299- 88 -LRB103 05659 RPS 50678 b HB1299 - 88 - LRB103 05659 RPS 50678 b
3165	3165	HB1299 - 88 - LRB103 05659 RPS 50678 b
3166	3166	1 enforcement employee under Article 7, by filing a written
3167	3167	2 election with the Board, accompanied by payment of an amount
3168	3168	3 to be determined by the Board, equal to (1) the difference
3169	3169	4 between the amount of employee and employer contributions
3170	3170	5 transferred to the System under Section 3-110.6 or 7-139.8,
3171	3171	6 and the amounts that would have been contributed had such
3172	3172	7 contributions been made at the rates applicable to State
3173	3173	8 policemen, plus (2) interest thereon at the effective rate for
3174	3174	9 each year, compounded annually, from the date of service to
3175	3175	10 the date of payment.
3176	3176	11 (k) Subject to the limitation in subsection (i) of this
3177	3177	12 Section, an alternative formula employee may elect to
3178	3178	13 establish eligible creditable service for periods spent as a
3179	3179	14 full-time law enforcement officer or full-time corrections
3180	3180	15 officer employed by the federal government or by a state or
3181	3181	16 local government located outside of Illinois, for which credit
3182	3182	17 is not held in any other public employee pension fund or
3183	3183	18 retirement system. To obtain this credit, the applicant must
3184	3184	19 file a written application with the Board by March 31, 1998,
3185	3185	20 accompanied by evidence of eligibility acceptable to the Board
3186	3186	21 and payment of an amount to be determined by the Board, equal
3187	3187	22 to (1) employee contributions for the credit being
3188	3188	23 established, based upon the applicant's salary on the first
3189	3189	24 day as an alternative formula employee after the employment
3190	3190	25 for which credit is being established and the rates then
3191	3191	26 applicable to alternative formula employees, plus (2) an
3192	3192
3193	3193
3194	3194
3195	3195
3196	3196
3197	3197	HB1299 - 88 - LRB103 05659 RPS 50678 b
3198	3198
3199	3199
3200	3200	HB1299- 89 -LRB103 05659 RPS 50678 b HB1299 - 89 - LRB103 05659 RPS 50678 b
3201	3201	HB1299 - 89 - LRB103 05659 RPS 50678 b
3202	3202	1 amount determined by the Board to be the employer's normal
3203	3203	2 cost of the benefits accrued for the credit being established,
3204	3204	3 plus (3) regular interest on the amounts in items (1) and (2)
3205	3205	4 from the first day as an alternative formula employee after
3206	3206	5 the employment for which credit is being established to the
3207	3207	6 date of payment.
3208	3208	7 (l) Subject to the limitation in subsection (i), a
3209	3209	8 security employee of the Department of Corrections may elect,
3210	3210	9 not later than July 1, 1998, to establish eligible creditable
3211	3211	10 service for up to 10 years of his or her service as a policeman
3212	3212	11 under Article 3, by filing a written election with the Board,
3213	3213	12 accompanied by payment of an amount to be determined by the
3214	3214	13 Board, equal to (i) the difference between the amount of
3215	3215	14 employee and employer contributions transferred to the System
3216	3216	15 under Section 3-110.5, and the amounts that would have been
3217	3217	16 contributed had such contributions been made at the rates
3218	3218	17 applicable to security employees of the Department of
3219	3219	18 Corrections, plus (ii) interest thereon at the effective rate
3220	3220	19 for each year, compounded annually, from the date of service
3221	3221	20 to the date of payment.
3222	3222	21 (l-5) Subject to the limitation in subsection (i) of this
3223	3223	22 Section, a State policeman may elect to establish eligible
3224	3224	23 creditable service for up to 5 years of service as a full-time
3225	3225	24 law enforcement officer employed by the federal government or
3226	3226	25 by a state or local government located outside of Illinois for
3227	3227	26 which credit is not held in any other public employee pension
3228	3228
3229	3229
3230	3230
3231	3231
3232	3232
3233	3233	HB1299 - 89 - LRB103 05659 RPS 50678 b
3234	3234
3235	3235
3236	3236	HB1299- 90 -LRB103 05659 RPS 50678 b HB1299 - 90 - LRB103 05659 RPS 50678 b
3237	3237	HB1299 - 90 - LRB103 05659 RPS 50678 b
3238	3238	1 fund or retirement system. To obtain this credit, the
3239	3239	2 applicant must file a written application with the Board no
3240	3240	3 later than 3 years after January 1, 2020 (the effective date of
3241	3241	4 Public Act 101-610), accompanied by evidence of eligibility
3242	3242	5 acceptable to the Board and payment of an amount to be
3243	3243	6 determined by the Board, equal to (1) employee contributions
3244	3244	7 for the credit being established, based upon the applicant's
3245	3245	8 salary on the first day as an alternative formula employee
3246	3246	9 after the employment for which credit is being established and
3247	3247	10 the rates then applicable to alternative formula employees,
3248	3248	11 plus (2) an amount determined by the Board to be the employer's
3249	3249	12 normal cost of the benefits accrued for the credit being
3250	3250	13 established, plus (3) regular interest on the amounts in items
3251	3251	14 (1) and (2) from the first day as an alternative formula
3252	3252	15 employee after the employment for which credit is being
3253	3253	16 established to the date of payment.
3254	3254	17 (m) The amendatory changes to this Section made by Public
3255	3255	18 Act 94-696 apply only to: (1) security employees of the
3256	3256	19 Department of Juvenile Justice employed by the Department of
3257	3257	20 Corrections before June 1, 2006 (the effective date of Public
3258	3258	21 Act 94-696) and transferred to the Department of Juvenile
3259	3259	22 Justice by Public Act 94-696; and (2) persons employed by the
3260	3260	23 Department of Juvenile Justice on or after June 1, 2006 (the
3261	3261	24 effective date of Public Act 94-696) who are required by
3262	3262	25 subsection (b) of Section 3-2.5-15 of the Unified Code of
3263	3263	26 Corrections to have any bachelor's or advanced degree from an
3264	3264
3265	3265
3266	3266
3267	3267
3268	3268
3269	3269	HB1299 - 90 - LRB103 05659 RPS 50678 b
3270	3270
3271	3271
3272	3272	HB1299- 91 -LRB103 05659 RPS 50678 b HB1299 - 91 - LRB103 05659 RPS 50678 b
3273	3273	HB1299 - 91 - LRB103 05659 RPS 50678 b
3274	3274	1 accredited college or university or, in the case of persons
3275	3275	2 who provide vocational training, who are required to have
3276	3276	3 adequate knowledge in the skill for which they are providing
3277	3277	4 the vocational training.
3278	3278	5 (n) A person employed in a position under subsection (b)
3279	3279	6 of this Section who has purchased service credit under
3280	3280	7 subsection (j) of Section 14-104 or subsection (b) of Section
3281	3281	8 14-105 in any other capacity under this Article may convert up
3282	3282	9 to 5 years of that service credit into service credit covered
3283	3283	10 under this Section by paying to the Fund an amount equal to (1)
3284	3284	11 the additional employee contribution required under Section
3285	3285	12 14-133, plus (2) the additional employer contribution required
3286	3286	13 under Section 14-131, plus (3) interest on items (1) and (2) at
3287	3287	14 the actuarially assumed rate from the date of the service to
3288	3288	15 the date of payment.
3289	3289	16 (o) Subject to the limitation in subsection (i), a
3290	3290	17 conservation police officer, investigator for the Secretary of
3291	3291	18 State, Commerce Commission police officer, investigator for
3292	3292	19 the Department of Revenue or the Illinois Gaming Board, or
3293	3293	20 arson investigator subject to subsection (g) of Section 1-160
3294	3294	21 may elect to convert up to 8 years of service credit
3295	3295	22 established before January 1, 2020 (the effective date of
3296	3296	23 Public Act 101-610) as a conservation police officer,
3297	3297	24 investigator for the Secretary of State, Commerce Commission
3298	3298	25 police officer, investigator for the Department of Revenue or
3299	3299	26 the Illinois Gaming Board, or arson investigator under this
3300	3300
3301	3301
3302	3302
3303	3303
3304	3304
3305	3305	HB1299 - 91 - LRB103 05659 RPS 50678 b
3306	3306
3307	3307
3308	3308	HB1299- 92 -LRB103 05659 RPS 50678 b HB1299 - 92 - LRB103 05659 RPS 50678 b
3309	3309	HB1299 - 92 - LRB103 05659 RPS 50678 b
3310	3310	1 Article into eligible creditable service by filing a written
3311	3311	2 election with the Board no later than one year after January 1,
3312	3312	3 2020 (the effective date of Public Act 101-610), accompanied
3313	3313	4 by payment of an amount to be determined by the Board equal to
3314	3314	5 (i) the difference between the amount of the employee
3315	3315	6 contributions actually paid for that service and the amount of
3316	3316	7 the employee contributions that would have been paid had the
3317	3317	8 employee contributions been made as a noncovered employee
3318	3318	9 serving in a position in which eligible creditable service, as
3319	3319	10 defined in this Section, may be earned, plus (ii) interest
3320	3320	11 thereon at the effective rate for each year, compounded
3321	3321	12 annually, from the date of service to the date of payment.
3322	3322	13 (q) Subject to the limitation in subsection (i), a State
3323	3323	14 highway maintenance worker subject to subsection (g) of
3324	3324	15 Section 1-160 may elect to convert up to 8 years of service
3325	3325	16 credit established before the effective date of this
3326	3326	17 amendatory Act of the 103rd General Assembly as a State
3327	3327	18 highway maintenance work under this Article into eligible
3328	3328	19 creditable service by filing a written election with the Board
3329	3329	20 no later than one year after the effective date of this
3330	3330	21 amendatory Act of the 103rd General Assembly, accompanied by
3331	3331	22 payment of an amount to be determined by the Board equal to (i)
3332	3332	23 the difference between the amount of the employee
3333	3333	24 contributions actually paid for that service and the amount of
3334	3334	25 the employee contributions that would have been paid had the
3335	3335	26 employee contributions been made as a noncovered employee
3336	3336
3337	3337
3338	3338
3339	3339
3340	3340
3341	3341	HB1299 - 92 - LRB103 05659 RPS 50678 b
3342	3342
3343	3343
3344	3344	HB1299- 93 -LRB103 05659 RPS 50678 b HB1299 - 93 - LRB103 05659 RPS 50678 b
3345	3345	HB1299 - 93 - LRB103 05659 RPS 50678 b
3346	3346	1 serving in a position in which eligible creditable service, as
3347	3347	2 defined in this Section, may be earned, plus (ii) interest
3348	3348	3 thereon at the effective rate for each year, compounded
3349	3349	4 annually, from the date of service to the date of payment.
3350	3350	5 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
3351	3351	6 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
3352	3352	7 (Text of Section from P.A. 102-956)
3353	3353	8 Sec. 14-110. Alternative retirement annuity.
3354	3354	9 (a) Any member who has withdrawn from service with not
3355	3355	10 less than 20 years of eligible creditable service and has
3356	3356	11 attained age 55, and any member who has withdrawn from service
3357	3357	12 with not less than 25 years of eligible creditable service and
3358	3358	13 has attained age 50, regardless of whether the attainment of
3359	3359	14 either of the specified ages occurs while the member is still
3360	3360	15 in service, shall be entitled to receive at the option of the
3361	3361	16 member, in lieu of the regular or minimum retirement annuity,
3362	3362	17 a retirement annuity computed as follows:
3363	3363	18 (i) for periods of service as a noncovered employee:
3364	3364	19 if retirement occurs on or after January 1, 2001, 3% of
3365	3365	20 final average compensation for each year of creditable
3366	3366	21 service; if retirement occurs before January 1, 2001, 2
3367	3367	22 1/4% of final average compensation for each of the first
3368	3368	23 10 years of creditable service, 2 1/2% for each year above
3369	3369	24 10 years to and including 20 years of creditable service,
3370	3370	25 and 2 3/4% for each year of creditable service above 20
3371	3371
3372	3372
3373	3373
3374	3374
3375	3375
3376	3376	HB1299 - 93 - LRB103 05659 RPS 50678 b
3377	3377
3378	3378
3379	3379	HB1299- 94 -LRB103 05659 RPS 50678 b HB1299 - 94 - LRB103 05659 RPS 50678 b
3380	3380	HB1299 - 94 - LRB103 05659 RPS 50678 b
3381	3381	1 years; and
3382	3382	2 (ii) for periods of eligible creditable service as a
3383	3383	3 covered employee: if retirement occurs on or after January
3384	3384	4 1, 2001, 2.5% of final average compensation for each year
3385	3385	5 of creditable service; if retirement occurs before January
3386	3386	6 1, 2001, 1.67% of final average compensation for each of
3387	3387	7 the first 10 years of such service, 1.90% for each of the
3388	3388	8 next 10 years of such service, 2.10% for each year of such
3389	3389	9 service in excess of 20 but not exceeding 30, and 2.30% for
3390	3390	10 each year in excess of 30.
3391	3391	11 Such annuity shall be subject to a maximum of 75% of final
3392	3392	12 average compensation if retirement occurs before January 1,
3393	3393	13 2001 or to a maximum of 80% of final average compensation if
3394	3394	14 retirement occurs on or after January 1, 2001.
3395	3395	15 These rates shall not be applicable to any service
3396	3396	16 performed by a member as a covered employee which is not
3397	3397	17 eligible creditable service. Service as a covered employee
3398	3398	18 which is not eligible creditable service shall be subject to
3399	3399	19 the rates and provisions of Section 14-108.
3400	3400	20 (b) For the purpose of this Section, "eligible creditable
3401	3401	21 service" means creditable service resulting from service in
3402	3402	22 one or more of the following positions:
3403	3403	23 (1) State policeman;
3404	3404	24 (2) fire fighter in the fire protection service of a
3405	3405	25 department;
3406	3406	26 (3) air pilot;
3407	3407
3408	3408
3409	3409
3410	3410
3411	3411
3412	3412	HB1299 - 94 - LRB103 05659 RPS 50678 b
3413	3413
3414	3414
3415	3415	HB1299- 95 -LRB103 05659 RPS 50678 b HB1299 - 95 - LRB103 05659 RPS 50678 b
3416	3416	HB1299 - 95 - LRB103 05659 RPS 50678 b
3417	3417	1 (4) special agent;
3418	3418	2 (5) investigator for the Secretary of State;
3419	3419	3 (6) conservation police officer;
3420	3420	4 (7) investigator for the Department of Revenue or the
3421	3421	5 Illinois Gaming Board;
3422	3422	6 (8) security employee of the Department of Human
3423	3423	7 Services;
3424	3424	8 (9) Central Management Services security police
3425	3425	9 officer;
3426	3426	10 (10) security employee of the Department of
3427	3427	11 Corrections or the Department of Juvenile Justice;
3428	3428	12 (11) dangerous drugs investigator;
3429	3429	13 (12) investigator for the Illinois State Police;
3430	3430	14 (13) investigator for the Office of the Attorney
3431	3431	15 General;
3432	3432	16 (14) controlled substance inspector;
3433	3433	17 (15) investigator for the Office of the State's
3434	3434	18 Attorneys Appellate Prosecutor;
3435	3435	19 (16) Commerce Commission police officer;
3436	3436	20 (17) arson investigator;
3437	3437	21 (18) State highway maintenance worker;
3438	3438	22 (19) security employee of the Department of Innovation
3439	3439	23 and Technology; or
3440	3440	24 (20) transferred employee.
3441	3441	25 A person employed in one of the positions specified in
3442	3442	26 this subsection is entitled to eligible creditable service for
3443	3443
3444	3444
3445	3445
3446	3446
3447	3447
3448	3448	HB1299 - 95 - LRB103 05659 RPS 50678 b
3449	3449
3450	3450
3451	3451	HB1299- 96 -LRB103 05659 RPS 50678 b HB1299 - 96 - LRB103 05659 RPS 50678 b
3452	3452	HB1299 - 96 - LRB103 05659 RPS 50678 b
3453	3453	1 service credit earned under this Article while undergoing the
3454	3454	2 basic police training course approved by the Illinois Law
3455	3455	3 Enforcement Training Standards Board, if completion of that
3456	3456	4 training is required of persons serving in that position. For
3457	3457	5 the purposes of this Code, service during the required basic
3458	3458	6 police training course shall be deemed performance of the
3459	3459	7 duties of the specified position, even though the person is
3460	3460	8 not a sworn peace officer at the time of the training.
3461	3461	9 A person under paragraph (20) is entitled to eligible
3462	3462	10 creditable service for service credit earned under this
3463	3463	11 Article on and after his or her transfer by Executive Order No.
3464	3464	12 2003-10, Executive Order No. 2004-2, or Executive Order No.
3465	3465	13 2016-1.
3466	3466	14 (c) For the purposes of this Section:
3467	3467	15 (1) The term "State policeman" includes any title or
3468	3468	16 position in the Illinois State Police that is held by an
3469	3469	17 individual employed under the Illinois State Police Act.
3470	3470	18 (2) The term "fire fighter in the fire protection
3471	3471	19 service of a department" includes all officers in such
3472	3472	20 fire protection service including fire chiefs and
3473	3473	21 assistant fire chiefs.
3474	3474	22 (3) The term "air pilot" includes any employee whose
3475	3475	23 official job description on file in the Department of
3476	3476	24 Central Management Services, or in the department by which
3477	3477	25 he is employed if that department is not covered by the
3478	3478	26 Personnel Code, states that his principal duty is the
3479	3479
3480	3480
3481	3481
3482	3482
3483	3483
3484	3484	HB1299 - 96 - LRB103 05659 RPS 50678 b
3485	3485
3486	3486
3487	3487	HB1299- 97 -LRB103 05659 RPS 50678 b HB1299 - 97 - LRB103 05659 RPS 50678 b
3488	3488	HB1299 - 97 - LRB103 05659 RPS 50678 b
3489	3489	1 operation of aircraft, and who possesses a pilot's
3490	3490	2 license; however, the change in this definition made by
3491	3491	3 Public Act 83-842 shall not operate to exclude any
3492	3492	4 noncovered employee who was an "air pilot" for the
3493	3493	5 purposes of this Section on January 1, 1984.
3494	3494	6 (4) The term "special agent" means any person who by
3495	3495	7 reason of employment by the Division of Narcotic Control,
3496	3496	8 the Bureau of Investigation or, after July 1, 1977, the
3497	3497	9 Division of Criminal Investigation, the Division of
3498	3498	10 Internal Investigation, the Division of Operations, the
3499	3499	11 Division of Patrol Operations, or any other Division or
3500	3500	12 organizational entity in the Illinois State Police is
3501	3501	13 vested by law with duties to maintain public order,
3502	3502	14 investigate violations of the criminal law of this State,
3503	3503	15 enforce the laws of this State, make arrests and recover
3504	3504	16 property. The term "special agent" includes any title or
3505	3505	17 position in the Illinois State Police that is held by an
3506	3506	18 individual employed under the Illinois State Police Act.
3507	3507	19 (5) The term "investigator for the Secretary of State"
3508	3508	20 means any person employed by the Office of the Secretary
3509	3509	21 of State and vested with such investigative duties as
3510	3510	22 render him ineligible for coverage under the Social
3511	3511	23 Security Act by reason of Sections 218(d)(5)(A),
3512	3512	24 218(d)(8)(D) and 218(l)(1) of that Act.
3513	3513	25 A person who became employed as an investigator for
3514	3514	26 the Secretary of State between January 1, 1967 and
3515	3515
3516	3516
3517	3517
3518	3518
3519	3519
3520	3520	HB1299 - 97 - LRB103 05659 RPS 50678 b
3521	3521
3522	3522
3523	3523	HB1299- 98 -LRB103 05659 RPS 50678 b HB1299 - 98 - LRB103 05659 RPS 50678 b
3524	3524	HB1299 - 98 - LRB103 05659 RPS 50678 b
3525	3525	1 December 31, 1975, and who has served as such until
3526	3526	2 attainment of age 60, either continuously or with a single
3527	3527	3 break in service of not more than 3 years duration, which
3528	3528	4 break terminated before January 1, 1976, shall be entitled
3529	3529	5 to have his retirement annuity calculated in accordance
3530	3530	6 with subsection (a), notwithstanding that he has less than
3531	3531	7 20 years of credit for such service.
3532	3532	8 (6) The term "Conservation Police Officer" means any
3533	3533	9 person employed by the Division of Law Enforcement of the
3534	3534	10 Department of Natural Resources and vested with such law
3535	3535	11 enforcement duties as render him ineligible for coverage
3536	3536	12 under the Social Security Act by reason of Sections
3537	3537	13 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
3538	3538	14 term "Conservation Police Officer" includes the positions
3539	3539	15 of Chief Conservation Police Administrator and Assistant
3540	3540	16 Conservation Police Administrator.
3541	3541	17 (7) The term "investigator for the Department of
3542	3542	18 Revenue" means any person employed by the Department of
3543	3543	19 Revenue and vested with such investigative duties as
3544	3544	20 render him ineligible for coverage under the Social
3545	3545	21 Security Act by reason of Sections 218(d)(5)(A),
3546	3546	22 218(d)(8)(D) and 218(l)(1) of that Act.
3547	3547	23 The term "investigator for the Illinois Gaming Board"
3548	3548	24 means any person employed as such by the Illinois Gaming
3549	3549	25 Board and vested with such peace officer duties as render
3550	3550	26 the person ineligible for coverage under the Social
3551	3551
3552	3552
3553	3553
3554	3554
3555	3555
3556	3556	HB1299 - 98 - LRB103 05659 RPS 50678 b
3557	3557
3558	3558
3559	3559	HB1299- 99 -LRB103 05659 RPS 50678 b HB1299 - 99 - LRB103 05659 RPS 50678 b
3560	3560	HB1299 - 99 - LRB103 05659 RPS 50678 b
3561	3561	1 Security Act by reason of Sections 218(d)(5)(A),
3562	3562	2 218(d)(8)(D), and 218(l)(1) of that Act.
3563	3563	3 (8) The term "security employee of the Department of
3564	3564	4 Human Services" means any person employed by the
3565	3565	5 Department of Human Services who (i) is employed at the
3566	3566	6 Chester Mental Health Center and has daily contact with
3567	3567	7 the residents thereof, (ii) is employed within a security
3568	3568	8 unit at a facility operated by the Department and has
3569	3569	9 daily contact with the residents of the security unit,
3570	3570	10 (iii) is employed at a facility operated by the Department
3571	3571	11 that includes a security unit and is regularly scheduled
3572	3572	12 to work at least 50% of his or her working hours within
3573	3573	13 that security unit, or (iv) is a mental health police
3574	3574	14 officer. "Mental health police officer" means any person
3575	3575	15 employed by the Department of Human Services in a position
3576	3576	16 pertaining to the Department's mental health and
3577	3577	17 developmental disabilities functions who is vested with
3578	3578	18 such law enforcement duties as render the person
3579	3579	19 ineligible for coverage under the Social Security Act by
3580	3580	20 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
3581	3581	21 218(l)(1) of that Act. "Security unit" means that portion
3582	3582	22 of a facility that is devoted to the care, containment,
3583	3583	23 and treatment of persons committed to the Department of
3584	3584	24 Human Services as sexually violent persons, persons unfit
3585	3585	25 to stand trial, or persons not guilty by reason of
3586	3586	26 insanity. With respect to past employment, references to
3587	3587
3588	3588
3589	3589
3590	3590
3591	3591
3592	3592	HB1299 - 99 - LRB103 05659 RPS 50678 b
3593	3593
3594	3594
3595	3595	HB1299- 100 -LRB103 05659 RPS 50678 b HB1299 - 100 - LRB103 05659 RPS 50678 b
3596	3596	HB1299 - 100 - LRB103 05659 RPS 50678 b
3597	3597	1 the Department of Human Services include its predecessor,
3598	3598	2 the Department of Mental Health and Developmental
3599	3599	3 Disabilities.
3600	3600	4 The changes made to this subdivision (c)(8) by Public
3601	3601	5 Act 92-14 apply to persons who retire on or after January
3602	3602	6 1, 2001, notwithstanding Section 1-103.1.
3603	3603	7 (9) "Central Management Services security police
3604	3604	8 officer" means any person employed by the Department of
3605	3605	9 Central Management Services who is vested with such law
3606	3606	10 enforcement duties as render him ineligible for coverage
3607	3607	11 under the Social Security Act by reason of Sections
3608	3608	12 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
3609	3609	13 (10) For a member who first became an employee under
3610	3610	14 this Article before July 1, 2005, the term "security
3611	3611	15 employee of the Department of Corrections or the
3612	3612	16 Department of Juvenile Justice" means any employee of the
3613	3613	17 Department of Corrections or the Department of Juvenile
3614	3614	18 Justice or the former Department of Personnel, and any
3615	3615	19 member or employee of the Prisoner Review Board, who has
3616	3616	20 daily contact with inmates or youth by working within a
3617	3617	21 correctional facility or Juvenile facility operated by the
3618	3618	22 Department of Juvenile Justice or who is a parole officer
3619	3619	23 or an employee who has direct contact with committed
3620	3620	24 persons in the performance of his or her job duties. For a
3621	3621	25 member who first becomes an employee under this Article on
3622	3622	26 or after July 1, 2005, the term means an employee of the
3623	3623
3624	3624
3625	3625
3626	3626
3627	3627
3628	3628	HB1299 - 100 - LRB103 05659 RPS 50678 b
3629	3629
3630	3630
3631	3631	HB1299- 101 -LRB103 05659 RPS 50678 b HB1299 - 101 - LRB103 05659 RPS 50678 b
3632	3632	HB1299 - 101 - LRB103 05659 RPS 50678 b
3633	3633	1 Department of Corrections or the Department of Juvenile
3634	3634	2 Justice who is any of the following: (i) officially
3635	3635	3 headquartered at a correctional facility or Juvenile
3636	3636	4 facility operated by the Department of Juvenile Justice,
3637	3637	5 (ii) a parole officer, (iii) a member of the apprehension
3638	3638	6 unit, (iv) a member of the intelligence unit, (v) a member
3639	3639	7 of the sort team, or (vi) an investigator.
3640	3640	8 (11) The term "dangerous drugs investigator" means any
3641	3641	9 person who is employed as such by the Department of Human
3642	3642	10 Services.
3643	3643	11 (12) The term "investigator for the Illinois State
3644	3644	12 Police" means a person employed by the Illinois State
3645	3645	13 Police who is vested under Section 4 of the Narcotic
3646	3646	14 Control Division Abolition Act with such law enforcement
3647	3647	15 powers as render him ineligible for coverage under the
3648	3648	16 Social Security Act by reason of Sections 218(d)(5)(A),
3649	3649	17 218(d)(8)(D) and 218(l)(1) of that Act.
3650	3650	18 (13) "Investigator for the Office of the Attorney
3651	3651	19 General" means any person who is employed as such by the
3652	3652	20 Office of the Attorney General and is vested with such
3653	3653	21 investigative duties as render him ineligible for coverage
3654	3654	22 under the Social Security Act by reason of Sections
3655	3655	23 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
3656	3656	24 the period before January 1, 1989, the term includes all
3657	3657	25 persons who were employed as investigators by the Office
3658	3658	26 of the Attorney General, without regard to social security
3659	3659
3660	3660
3661	3661
3662	3662
3663	3663
3664	3664	HB1299 - 101 - LRB103 05659 RPS 50678 b
3665	3665
3666	3666
3667	3667	HB1299- 102 -LRB103 05659 RPS 50678 b HB1299 - 102 - LRB103 05659 RPS 50678 b
3668	3668	HB1299 - 102 - LRB103 05659 RPS 50678 b
3669	3669	1 status.
3670	3670	2 (14) "Controlled substance inspector" means any person
3671	3671	3 who is employed as such by the Department of Professional
3672	3672	4 Regulation and is vested with such law enforcement duties
3673	3673	5 as render him ineligible for coverage under the Social
3674	3674	6 Security Act by reason of Sections 218(d)(5)(A),
3675	3675	7 218(d)(8)(D) and 218(l)(1) of that Act. The term
3676	3676	8 "controlled substance inspector" includes the Program
3677	3677	9 Executive of Enforcement and the Assistant Program
3678	3678	10 Executive of Enforcement.
3679	3679	11 (15) The term "investigator for the Office of the
3680	3680	12 State's Attorneys Appellate Prosecutor" means a person
3681	3681	13 employed in that capacity on a full-time basis under the
3682	3682	14 authority of Section 7.06 of the State's Attorneys
3683	3683	15 Appellate Prosecutor's Act.
3684	3684	16 (16) "Commerce Commission police officer" means any
3685	3685	17 person employed by the Illinois Commerce Commission who is
3686	3686	18 vested with such law enforcement duties as render him
3687	3687	19 ineligible for coverage under the Social Security Act by
3688	3688	20 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
3689	3689	21 218(l)(1) of that Act.
3690	3690	22 (17) "Arson investigator" means any person who is
3691	3691	23 employed as such by the Office of the State Fire Marshal
3692	3692	24 and is vested with such law enforcement duties as render
3693	3693	25 the person ineligible for coverage under the Social
3694	3694	26 Security Act by reason of Sections 218(d)(5)(A),
3695	3695
3696	3696
3697	3697
3698	3698
3699	3699
3700	3700	HB1299 - 102 - LRB103 05659 RPS 50678 b
3701	3701
3702	3702
3703	3703	HB1299- 103 -LRB103 05659 RPS 50678 b HB1299 - 103 - LRB103 05659 RPS 50678 b
3704	3704	HB1299 - 103 - LRB103 05659 RPS 50678 b
3705	3705	1 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
3706	3706	2 employed as an arson investigator on January 1, 1995 and
3707	3707	3 is no longer in service but not yet receiving a retirement
3708	3708	4 annuity may convert his or her creditable service for
3709	3709	5 employment as an arson investigator into eligible
3710	3710	6 creditable service by paying to the System the difference
3711	3711	7 between the employee contributions actually paid for that
3712	3712	8 service and the amounts that would have been contributed
3713	3713	9 if the applicant were contributing at the rate applicable
3714	3714	10 to persons with the same social security status earning
3715	3715	11 eligible creditable service on the date of application.
3716	3716	12 (18) The term "State highway maintenance worker" means
3717	3717	13 a person who is either of the following:
3718	3718	14 (i) A person employed on a full-time basis by the
3719	3719	15 Illinois Department of Transportation in the position
3720	3720	16 of highway maintainer, highway maintenance lead
3721	3721	17 worker, highway maintenance lead/lead worker, heavy
3722	3722	18 construction equipment operator, power shovel
3723	3723	19 operator, or bridge mechanic; and whose principal
3724	3724	20 responsibility is to perform, on the roadway, the
3725	3725	21 actual maintenance necessary to keep the highways that
3726	3726	22 form a part of the State highway system in serviceable
3727	3727	23 condition for vehicular traffic.
3728	3728	24 (ii) A person employed on a full-time basis by the
3729	3729	25 Illinois State Toll Highway Authority in the position
3730	3730	26 of equipment operator/laborer H-4, equipment
3731	3731
3732	3732
3733	3733
3734	3734
3735	3735
3736	3736	HB1299 - 103 - LRB103 05659 RPS 50678 b
3737	3737
3738	3738
3739	3739	HB1299- 104 -LRB103 05659 RPS 50678 b HB1299 - 104 - LRB103 05659 RPS 50678 b
3740	3740	HB1299 - 104 - LRB103 05659 RPS 50678 b
3741	3741	1 operator/laborer H-6, welder H-4, welder H-6,
3742	3742	2 mechanical/electrical H-4, mechanical/electrical H-6,
3743	3743	3 water/sewer H-4, water/sewer H-6, sign maker/hanger
3744	3744	4 H-4, sign maker/hanger H-6, roadway lighting H-4,
3745	3745	5 roadway lighting H-6, structural H-4, structural H-6,
3746	3746	6 painter H-4, or painter H-6; and whose principal
3747	3747	7 responsibility is to perform, on the roadway, the
3748	3748	8 actual maintenance necessary to keep the Authority's
3749	3749	9 tollways in serviceable condition for vehicular
3750	3750	10 traffic.
3751	3751	11 (19) The term "security employee of the Department of
3752	3752	12 Innovation and Technology" means a person who was a
3753	3753	13 security employee of the Department of Corrections or the
3754	3754	14 Department of Juvenile Justice, was transferred to the
3755	3755	15 Department of Innovation and Technology pursuant to
3756	3756	16 Executive Order 2016-01, and continues to perform similar
3757	3757	17 job functions under that Department.
3758	3758	18 (20) "Transferred employee" means an employee who was
3759	3759	19 transferred to the Department of Central Management
3760	3760	20 Services by Executive Order No. 2003-10 or Executive Order
3761	3761	21 No. 2004-2 or transferred to the Department of Innovation
3762	3762	22 and Technology by Executive Order No. 2016-1, or both, and
3763	3763	23 was entitled to eligible creditable service for services
3764	3764	24 immediately preceding the transfer.
3765	3765	25 (d) A security employee of the Department of Corrections
3766	3766	26 or the Department of Juvenile Justice, a security employee of
3767	3767
3768	3768
3769	3769
3770	3770
3771	3771
3772	3772	HB1299 - 104 - LRB103 05659 RPS 50678 b
3773	3773
3774	3774
3775	3775	HB1299- 105 -LRB103 05659 RPS 50678 b HB1299 - 105 - LRB103 05659 RPS 50678 b
3776	3776	HB1299 - 105 - LRB103 05659 RPS 50678 b
3777	3777	1 the Department of Human Services who is not a mental health
3778	3778	2 police officer, and a security employee of the Department of
3779	3779	3 Innovation and Technology shall not be eligible for the
3780	3780	4 alternative retirement annuity provided by this Section unless
3781	3781	5 he or she meets the following minimum age and service
3782	3782	6 requirements at the time of retirement:
3783	3783	7 (i) 25 years of eligible creditable service and age
3784	3784	8 55; or
3785	3785	9 (ii) beginning January 1, 1987, 25 years of eligible
3786	3786	10 creditable service and age 54, or 24 years of eligible
3787	3787	11 creditable service and age 55; or
3788	3788	12 (iii) beginning January 1, 1988, 25 years of eligible
3789	3789	13 creditable service and age 53, or 23 years of eligible
3790	3790	14 creditable service and age 55; or
3791	3791	15 (iv) beginning January 1, 1989, 25 years of eligible
3792	3792	16 creditable service and age 52, or 22 years of eligible
3793	3793	17 creditable service and age 55; or
3794	3794	18 (v) beginning January 1, 1990, 25 years of eligible
3795	3795	19 creditable service and age 51, or 21 years of eligible
3796	3796	20 creditable service and age 55; or
3797	3797	21 (vi) beginning January 1, 1991, 25 years of eligible
3798	3798	22 creditable service and age 50, or 20 years of eligible
3799	3799	23 creditable service and age 55.
3800	3800	24 Persons who have service credit under Article 16 of this
3801	3801	25 Code for service as a security employee of the Department of
3802	3802	26 Corrections or the Department of Juvenile Justice, or the
3803	3803
3804	3804
3805	3805
3806	3806
3807	3807
3808	3808	HB1299 - 105 - LRB103 05659 RPS 50678 b
3809	3809
3810	3810
3811	3811	HB1299- 106 -LRB103 05659 RPS 50678 b HB1299 - 106 - LRB103 05659 RPS 50678 b
3812	3812	HB1299 - 106 - LRB103 05659 RPS 50678 b
3813	3813	1 Department of Human Services in a position requiring
3814	3814	2 certification as a teacher may count such service toward
3815	3815	3 establishing their eligibility under the service requirements
3816	3816	4 of this Section; but such service may be used only for
3817	3817	5 establishing such eligibility, and not for the purpose of
3818	3818	6 increasing or calculating any benefit.
3819	3819	7 (e) If a member enters military service while working in a
3820	3820	8 position in which eligible creditable service may be earned,
3821	3821	9 and returns to State service in the same or another such
3822	3822	10 position, and fulfills in all other respects the conditions
3823	3823	11 prescribed in this Article for credit for military service,
3824	3824	12 such military service shall be credited as eligible creditable
3825	3825	13 service for the purposes of the retirement annuity prescribed
3826	3826	14 in this Section.
3827	3827	15 (f) For purposes of calculating retirement annuities under
3828	3828	16 this Section, periods of service rendered after December 31,
3829	3829	17 1968 and before October 1, 1975 as a covered employee in the
3830	3830	18 position of special agent, conservation police officer, mental
3831	3831	19 health police officer, or investigator for the Secretary of
3832	3832	20 State, shall be deemed to have been service as a noncovered
3833	3833	21 employee, provided that the employee pays to the System prior
3834	3834	22 to retirement an amount equal to (1) the difference between
3835	3835	23 the employee contributions that would have been required for
3836	3836	24 such service as a noncovered employee, and the amount of
3837	3837	25 employee contributions actually paid, plus (2) if payment is
3838	3838	26 made after July 31, 1987, regular interest on the amount
3839	3839
3840	3840
3841	3841
3842	3842
3843	3843
3844	3844	HB1299 - 106 - LRB103 05659 RPS 50678 b
3845	3845
3846	3846
3847	3847	HB1299- 107 -LRB103 05659 RPS 50678 b HB1299 - 107 - LRB103 05659 RPS 50678 b
3848	3848	HB1299 - 107 - LRB103 05659 RPS 50678 b
3849	3849	1 specified in item (1) from the date of service to the date of
3850	3850	2 payment.
3851	3851	3 For purposes of calculating retirement annuities under
3852	3852	4 this Section, periods of service rendered after December 31,
3853	3853	5 1968 and before January 1, 1982 as a covered employee in the
3854	3854	6 position of investigator for the Department of Revenue shall
3855	3855	7 be deemed to have been service as a noncovered employee,
3856	3856	8 provided that the employee pays to the System prior to
3857	3857	9 retirement an amount equal to (1) the difference between the
3858	3858	10 employee contributions that would have been required for such
3859	3859	11 service as a noncovered employee, and the amount of employee
3860	3860	12 contributions actually paid, plus (2) if payment is made after
3861	3861	13 January 1, 1990, regular interest on the amount specified in
3862	3862	14 item (1) from the date of service to the date of payment.
3863	3863	15 (g) A State policeman may elect, not later than January 1,
3864	3864	16 1990, to establish eligible creditable service for up to 10
3865	3865	17 years of his service as a policeman under Article 3, by filing
3866	3866	18 a written election with the Board, accompanied by payment of
3867	3867	19 an amount to be determined by the Board, equal to (i) the
3868	3868	20 difference between the amount of employee and employer
3869	3869	21 contributions transferred to the System under Section 3-110.5,
3870	3870	22 and the amounts that would have been contributed had such
3871	3871	23 contributions been made at the rates applicable to State
3872	3872	24 policemen, plus (ii) interest thereon at the effective rate
3873	3873	25 for each year, compounded annually, from the date of service
3874	3874	26 to the date of payment.
3875	3875
3876	3876
3877	3877
3878	3878
3879	3879
3880	3880	HB1299 - 107 - LRB103 05659 RPS 50678 b
3881	3881
3882	3882
3883	3883	HB1299- 108 -LRB103 05659 RPS 50678 b HB1299 - 108 - LRB103 05659 RPS 50678 b
3884	3884	HB1299 - 108 - LRB103 05659 RPS 50678 b
3885	3885	1 Subject to the limitation in subsection (i), a State
3886	3886	2 policeman may elect, not later than July 1, 1993, to establish
3887	3887	3 eligible creditable service for up to 10 years of his service
3888	3888	4 as a member of the County Police Department under Article 9, by
3889	3889	5 filing a written election with the Board, accompanied by
3890	3890	6 payment of an amount to be determined by the Board, equal to
3891	3891	7 (i) the difference between the amount of employee and employer
3892	3892	8 contributions transferred to the System under Section 9-121.10
3893	3893	9 and the amounts that would have been contributed had those
3894	3894	10 contributions been made at the rates applicable to State
3895	3895	11 policemen, plus (ii) interest thereon at the effective rate
3896	3896	12 for each year, compounded annually, from the date of service
3897	3897	13 to the date of payment.
3898	3898	14 (h) Subject to the limitation in subsection (i), a State
3899	3899	15 policeman or investigator for the Secretary of State may elect
3900	3900	16 to establish eligible creditable service for up to 12 years of
3901	3901	17 his service as a policeman under Article 5, by filing a written
3902	3902	18 election with the Board on or before January 31, 1992, and
3903	3903	19 paying to the System by January 31, 1994 an amount to be
3904	3904	20 determined by the Board, equal to (i) the difference between
3905	3905	21 the amount of employee and employer contributions transferred
3906	3906	22 to the System under Section 5-236, and the amounts that would
3907	3907	23 have been contributed had such contributions been made at the
3908	3908	24 rates applicable to State policemen, plus (ii) interest
3909	3909	25 thereon at the effective rate for each year, compounded
3910	3910	26 annually, from the date of service to the date of payment.
3911	3911
3912	3912
3913	3913
3914	3914
3915	3915
3916	3916	HB1299 - 108 - LRB103 05659 RPS 50678 b
3917	3917
3918	3918
3919	3919	HB1299- 109 -LRB103 05659 RPS 50678 b HB1299 - 109 - LRB103 05659 RPS 50678 b
3920	3920	HB1299 - 109 - LRB103 05659 RPS 50678 b
3921	3921	1 Subject to the limitation in subsection (i), a State
3922	3922	2 policeman, conservation police officer, or investigator for
3923	3923	3 the Secretary of State may elect to establish eligible
3924	3924	4 creditable service for up to 10 years of service as a sheriff's
3925	3925	5 law enforcement employee under Article 7, by filing a written
3926	3926	6 election with the Board on or before January 31, 1993, and
3927	3927	7 paying to the System by January 31, 1994 an amount to be
3928	3928	8 determined by the Board, equal to (i) the difference between
3929	3929	9 the amount of employee and employer contributions transferred
3930	3930	10 to the System under Section 7-139.7, and the amounts that
3931	3931	11 would have been contributed had such contributions been made
3932	3932	12 at the rates applicable to State policemen, plus (ii) interest
3933	3933	13 thereon at the effective rate for each year, compounded
3934	3934	14 annually, from the date of service to the date of payment.
3935	3935	15 Subject to the limitation in subsection (i), a State
3936	3936	16 policeman, conservation police officer, or investigator for
3937	3937	17 the Secretary of State may elect to establish eligible
3938	3938	18 creditable service for up to 5 years of service as a police
3939	3939	19 officer under Article 3, a policeman under Article 5, a
3940	3940	20 sheriff's law enforcement employee under Article 7, a member
3941	3941	21 of the county police department under Article 9, or a police
3942	3942	22 officer under Article 15 by filing a written election with the
3943	3943	23 Board and paying to the System an amount to be determined by
3944	3944	24 the Board, equal to (i) the difference between the amount of
3945	3945	25 employee and employer contributions transferred to the System
3946	3946	26 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
3947	3947
3948	3948
3949	3949
3950	3950
3951	3951
3952	3952	HB1299 - 109 - LRB103 05659 RPS 50678 b
3953	3953
3954	3954
3955	3955	HB1299- 110 -LRB103 05659 RPS 50678 b HB1299 - 110 - LRB103 05659 RPS 50678 b
3956	3956	HB1299 - 110 - LRB103 05659 RPS 50678 b
3957	3957	1 and the amounts that would have been contributed had such
3958	3958	2 contributions been made at the rates applicable to State
3959	3959	3 policemen, plus (ii) interest thereon at the effective rate
3960	3960	4 for each year, compounded annually, from the date of service
3961	3961	5 to the date of payment.
3962	3962	6 Subject to the limitation in subsection (i), an
3963	3963	7 investigator for the Office of the Attorney General, or an
3964	3964	8 investigator for the Department of Revenue, may elect to
3965	3965	9 establish eligible creditable service for up to 5 years of
3966	3966	10 service as a police officer under Article 3, a policeman under
3967	3967	11 Article 5, a sheriff's law enforcement employee under Article
3968	3968	12 7, or a member of the county police department under Article 9
3969	3969	13 by filing a written election with the Board within 6 months
3970	3970	14 after August 25, 2009 (the effective date of Public Act
3971	3971	15 96-745) and paying to the System an amount to be determined by
3972	3972	16 the Board, equal to (i) the difference between the amount of
3973	3973	17 employee and employer contributions transferred to the System
3974	3974	18 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
3975	3975	19 amounts that would have been contributed had such
3976	3976	20 contributions been made at the rates applicable to State
3977	3977	21 policemen, plus (ii) interest thereon at the actuarially
3978	3978	22 assumed rate for each year, compounded annually, from the date
3979	3979	23 of service to the date of payment.
3980	3980	24 Subject to the limitation in subsection (i), a State
3981	3981	25 policeman, conservation police officer, investigator for the
3982	3982	26 Office of the Attorney General, an investigator for the
3983	3983
3984	3984
3985	3985
3986	3986
3987	3987
3988	3988	HB1299 - 110 - LRB103 05659 RPS 50678 b
3989	3989
3990	3990
3991	3991	HB1299- 111 -LRB103 05659 RPS 50678 b HB1299 - 111 - LRB103 05659 RPS 50678 b
3992	3992	HB1299 - 111 - LRB103 05659 RPS 50678 b
3993	3993	1 Department of Revenue, or investigator for the Secretary of
3994	3994	2 State may elect to establish eligible creditable service for
3995	3995	3 up to 5 years of service as a person employed by a
3996	3996	4 participating municipality to perform police duties, or law
3997	3997	5 enforcement officer employed on a full-time basis by a forest
3998	3998	6 preserve district under Article 7, a county corrections
3999	3999	7 officer, or a court services officer under Article 9, by
4000	4000	8 filing a written election with the Board within 6 months after
4001	4001	9 August 25, 2009 (the effective date of Public Act 96-745) and
4002	4002	10 paying to the System an amount to be determined by the Board,
4003	4003	11 equal to (i) the difference between the amount of employee and
4004	4004	12 employer contributions transferred to the System under
4005	4005	13 Sections 7-139.8 and 9-121.10 and the amounts that would have
4006	4006	14 been contributed had such contributions been made at the rates
4007	4007	15 applicable to State policemen, plus (ii) interest thereon at
4008	4008	16 the actuarially assumed rate for each year, compounded
4009	4009	17 annually, from the date of service to the date of payment.
4010	4010	18 Subject to the limitation in subsection (i), a State
4011	4011	19 policeman, arson investigator, or Commerce Commission police
4012	4012	20 officer may elect to establish eligible creditable service for
4013	4013	21 up to 5 years of service as a person employed by a
4014	4014	22 participating municipality to perform police duties under
4015	4015	23 Article 7, a county corrections officer, a court services
4016	4016	24 officer under Article 9, or a firefighter under Article 4 by
4017	4017	25 filing a written election with the Board within 6 months after
4018	4018	26 July 30, 2021 (the effective date of Public Act 102-210) and
4019	4019
4020	4020
4021	4021
4022	4022
4023	4023
4024	4024	HB1299 - 111 - LRB103 05659 RPS 50678 b
4025	4025
4026	4026
4027	4027	HB1299- 112 -LRB103 05659 RPS 50678 b HB1299 - 112 - LRB103 05659 RPS 50678 b
4028	4028	HB1299 - 112 - LRB103 05659 RPS 50678 b
4029	4029	1 paying to the System an amount to be determined by the Board
4030	4030	2 equal to (i) the difference between the amount of employee and
4031	4031	3 employer contributions transferred to the System under
4032	4032	4 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
4033	4033	5 would have been contributed had such contributions been made
4034	4034	6 at the rates applicable to State policemen, plus (ii) interest
4035	4035	7 thereon at the actuarially assumed rate for each year,
4036	4036	8 compounded annually, from the date of service to the date of
4037	4037	9 payment.
4038	4038	10 Subject to the limitation in subsection (i), a
4039	4039	11 conservation police officer may elect to establish eligible
4040	4040	12 creditable service for up to 5 years of service as a person
4041	4041	13 employed by a participating municipality to perform police
4042	4042	14 duties under Article 7, a county corrections officer, or a
4043	4043	15 court services officer under Article 9 by filing a written
4044	4044	16 election with the Board within 6 months after July 30, 2021
4045	4045	17 (the effective date of Public Act 102-210) and paying to the
4046	4046	18 System an amount to be determined by the Board equal to (i) the
4047	4047	19 difference between the amount of employee and employer
4048	4048	20 contributions transferred to the System under Sections 7-139.8
4049	4049	21 and 9-121.10 and the amounts that would have been contributed
4050	4050	22 had such contributions been made at the rates applicable to
4051	4051	23 State policemen, plus (ii) interest thereon at the actuarially
4052	4052	24 assumed rate for each year, compounded annually, from the date
4053	4053	25 of service to the date of payment.
4054	4054	26 Notwithstanding the limitation in subsection (i), a State
4055	4055
4056	4056
4057	4057
4058	4058
4059	4059
4060	4060	HB1299 - 112 - LRB103 05659 RPS 50678 b
4061	4061
4062	4062
4063	4063	HB1299- 113 -LRB103 05659 RPS 50678 b HB1299 - 113 - LRB103 05659 RPS 50678 b
4064	4064	HB1299 - 113 - LRB103 05659 RPS 50678 b
4065	4065	1 policeman or conservation police officer may elect to convert
4066	4066	2 service credit earned under this Article to eligible
4067	4067	3 creditable service, as defined by this Section, by filing a
4068	4068	4 written election with the board within 6 months after July 30,
4069	4069	5 2021 (the effective date of Public Act 102-210) and paying to
4070	4070	6 the System an amount to be determined by the Board equal to (i)
4071	4071	7 the difference between the amount of employee contributions
4072	4072	8 originally paid for that service and the amounts that would
4073	4073	9 have been contributed had such contributions been made at the
4074	4074	10 rates applicable to State policemen, plus (ii) the difference
4075	4075	11 between the employer's normal cost of the credit prior to the
4076	4076	12 conversion authorized by Public Act 102-210 and the employer's
4077	4077	13 normal cost of the credit converted in accordance with Public
4078	4078	14 Act 102-210, plus (iii) interest thereon at the actuarially
4079	4079	15 assumed rate for each year, compounded annually, from the date
4080	4080	16 of service to the date of payment.
4081	4081	17 (i) The total amount of eligible creditable service
4082	4082	18 established by any person under subsections (g), (h), (j),
4083	4083	19 (k), (l), (l-5), (o), and (p), and (q) of this Section shall
4084	4084	20 not exceed 12 years.
4085	4085	21 (j) Subject to the limitation in subsection (i), an
4086	4086	22 investigator for the Office of the State's Attorneys Appellate
4087	4087	23 Prosecutor or a controlled substance inspector may elect to
4088	4088	24 establish eligible creditable service for up to 10 years of
4089	4089	25 his service as a policeman under Article 3 or a sheriff's law
4090	4090	26 enforcement employee under Article 7, by filing a written
4091	4091
4092	4092
4093	4093
4094	4094
4095	4095
4096	4096	HB1299 - 113 - LRB103 05659 RPS 50678 b
4097	4097
4098	4098
4099	4099	HB1299- 114 -LRB103 05659 RPS 50678 b HB1299 - 114 - LRB103 05659 RPS 50678 b
4100	4100	HB1299 - 114 - LRB103 05659 RPS 50678 b
4101	4101	1 election with the Board, accompanied by payment of an amount
4102	4102	2 to be determined by the Board, equal to (1) the difference
4103	4103	3 between the amount of employee and employer contributions
4104	4104	4 transferred to the System under Section 3-110.6 or 7-139.8,
4105	4105	5 and the amounts that would have been contributed had such
4106	4106	6 contributions been made at the rates applicable to State
4107	4107	7 policemen, plus (2) interest thereon at the effective rate for
4108	4108	8 each year, compounded annually, from the date of service to
4109	4109	9 the date of payment.
4110	4110	10 (k) Subject to the limitation in subsection (i) of this
4111	4111	11 Section, an alternative formula employee may elect to
4112	4112	12 establish eligible creditable service for periods spent as a
4113	4113	13 full-time law enforcement officer or full-time corrections
4114	4114	14 officer employed by the federal government or by a state or
4115	4115	15 local government located outside of Illinois, for which credit
4116	4116	16 is not held in any other public employee pension fund or
4117	4117	17 retirement system. To obtain this credit, the applicant must
4118	4118	18 file a written application with the Board by March 31, 1998,
4119	4119	19 accompanied by evidence of eligibility acceptable to the Board
4120	4120	20 and payment of an amount to be determined by the Board, equal
4121	4121	21 to (1) employee contributions for the credit being
4122	4122	22 established, based upon the applicant's salary on the first
4123	4123	23 day as an alternative formula employee after the employment
4124	4124	24 for which credit is being established and the rates then
4125	4125	25 applicable to alternative formula employees, plus (2) an
4126	4126	26 amount determined by the Board to be the employer's normal
4127	4127
4128	4128
4129	4129
4130	4130
4131	4131
4132	4132	HB1299 - 114 - LRB103 05659 RPS 50678 b
4133	4133
4134	4134
4135	4135	HB1299- 115 -LRB103 05659 RPS 50678 b HB1299 - 115 - LRB103 05659 RPS 50678 b
4136	4136	HB1299 - 115 - LRB103 05659 RPS 50678 b
4137	4137	1 cost of the benefits accrued for the credit being established,
4138	4138	2 plus (3) regular interest on the amounts in items (1) and (2)
4139	4139	3 from the first day as an alternative formula employee after
4140	4140	4 the employment for which credit is being established to the
4141	4141	5 date of payment.
4142	4142	6 (l) Subject to the limitation in subsection (i), a
4143	4143	7 security employee of the Department of Corrections may elect,
4144	4144	8 not later than July 1, 1998, to establish eligible creditable
4145	4145	9 service for up to 10 years of his or her service as a policeman
4146	4146	10 under Article 3, by filing a written election with the Board,
4147	4147	11 accompanied by payment of an amount to be determined by the
4148	4148	12 Board, equal to (i) the difference between the amount of
4149	4149	13 employee and employer contributions transferred to the System
4150	4150	14 under Section 3-110.5, and the amounts that would have been
4151	4151	15 contributed had such contributions been made at the rates
4152	4152	16 applicable to security employees of the Department of
4153	4153	17 Corrections, plus (ii) interest thereon at the effective rate
4154	4154	18 for each year, compounded annually, from the date of service
4155	4155	19 to the date of payment.
4156	4156	20 (l-5) Subject to the limitation in subsection (i) of this
4157	4157	21 Section, a State policeman may elect to establish eligible
4158	4158	22 creditable service for up to 5 years of service as a full-time
4159	4159	23 law enforcement officer employed by the federal government or
4160	4160	24 by a state or local government located outside of Illinois for
4161	4161	25 which credit is not held in any other public employee pension
4162	4162	26 fund or retirement system. To obtain this credit, the
4163	4163
4164	4164
4165	4165
4166	4166
4167	4167
4168	4168	HB1299 - 115 - LRB103 05659 RPS 50678 b
4169	4169
4170	4170
4171	4171	HB1299- 116 -LRB103 05659 RPS 50678 b HB1299 - 116 - LRB103 05659 RPS 50678 b
4172	4172	HB1299 - 116 - LRB103 05659 RPS 50678 b
4173	4173	1 applicant must file a written application with the Board no
4174	4174	2 later than 3 years after January 1, 2020 (the effective date of
4175	4175	3 Public Act 101-610), accompanied by evidence of eligibility
4176	4176	4 acceptable to the Board and payment of an amount to be
4177	4177	5 determined by the Board, equal to (1) employee contributions
4178	4178	6 for the credit being established, based upon the applicant's
4179	4179	7 salary on the first day as an alternative formula employee
4180	4180	8 after the employment for which credit is being established and
4181	4181	9 the rates then applicable to alternative formula employees,
4182	4182	10 plus (2) an amount determined by the Board to be the employer's
4183	4183	11 normal cost of the benefits accrued for the credit being
4184	4184	12 established, plus (3) regular interest on the amounts in items
4185	4185	13 (1) and (2) from the first day as an alternative formula
4186	4186	14 employee after the employment for which credit is being
4187	4187	15 established to the date of payment.
4188	4188	16 (m) The amendatory changes to this Section made by Public
4189	4189	17 Act 94-696 apply only to: (1) security employees of the
4190	4190	18 Department of Juvenile Justice employed by the Department of
4191	4191	19 Corrections before June 1, 2006 (the effective date of Public
4192	4192	20 Act 94-696) and transferred to the Department of Juvenile
4193	4193	21 Justice by Public Act 94-696; and (2) persons employed by the
4194	4194	22 Department of Juvenile Justice on or after June 1, 2006 (the
4195	4195	23 effective date of Public Act 94-696) who are required by
4196	4196	24 subsection (b) of Section 3-2.5-15 of the Unified Code of
4197	4197	25 Corrections to have any bachelor's or advanced degree from an
4198	4198	26 accredited college or university or, in the case of persons
4199	4199
4200	4200
4201	4201
4202	4202
4203	4203
4204	4204	HB1299 - 116 - LRB103 05659 RPS 50678 b
4205	4205
4206	4206
4207	4207	HB1299- 117 -LRB103 05659 RPS 50678 b HB1299 - 117 - LRB103 05659 RPS 50678 b
4208	4208	HB1299 - 117 - LRB103 05659 RPS 50678 b
4209	4209	1 who provide vocational training, who are required to have
4210	4210	2 adequate knowledge in the skill for which they are providing
4211	4211	3 the vocational training.
4212	4212	4 (n) A person employed in a position under subsection (b)
4213	4213	5 of this Section who has purchased service credit under
4214	4214	6 subsection (j) of Section 14-104 or subsection (b) of Section
4215	4215	7 14-105 in any other capacity under this Article may convert up
4216	4216	8 to 5 years of that service credit into service credit covered
4217	4217	9 under this Section by paying to the Fund an amount equal to (1)
4218	4218	10 the additional employee contribution required under Section
4219	4219	11 14-133, plus (2) the additional employer contribution required
4220	4220	12 under Section 14-131, plus (3) interest on items (1) and (2) at
4221	4221	13 the actuarially assumed rate from the date of the service to
4222	4222	14 the date of payment.
4223	4223	15 (o) Subject to the limitation in subsection (i), a
4224	4224	16 conservation police officer, investigator for the Secretary of
4225	4225	17 State, Commerce Commission police officer, investigator for
4226	4226	18 the Department of Revenue or the Illinois Gaming Board, or
4227	4227	19 arson investigator subject to subsection (g) of Section 1-160
4228	4228	20 may elect to convert up to 8 years of service credit
4229	4229	21 established before January 1, 2020 (the effective date of
4230	4230	22 Public Act 101-610) as a conservation police officer,
4231	4231	23 investigator for the Secretary of State, Commerce Commission
4232	4232	24 police officer, investigator for the Department of Revenue or
4233	4233	25 the Illinois Gaming Board, or arson investigator under this
4234	4234	26 Article into eligible creditable service by filing a written
4235	4235
4236	4236
4237	4237
4238	4238
4239	4239
4240	4240	HB1299 - 117 - LRB103 05659 RPS 50678 b
4241	4241
4242	4242
4243	4243	HB1299- 118 -LRB103 05659 RPS 50678 b HB1299 - 118 - LRB103 05659 RPS 50678 b
4244	4244	HB1299 - 118 - LRB103 05659 RPS 50678 b
4245	4245	1 election with the Board no later than one year after January 1,
4246	4246	2 2020 (the effective date of Public Act 101-610), accompanied
4247	4247	3 by payment of an amount to be determined by the Board equal to
4248	4248	4 (i) the difference between the amount of the employee
4249	4249	5 contributions actually paid for that service and the amount of
4250	4250	6 the employee contributions that would have been paid had the
4251	4251	7 employee contributions been made as a noncovered employee
4252	4252	8 serving in a position in which eligible creditable service, as
4253	4253	9 defined in this Section, may be earned, plus (ii) interest
4254	4254	10 thereon at the effective rate for each year, compounded
4255	4255	11 annually, from the date of service to the date of payment.
4256	4256	12 (p) Subject to the limitation in subsection (i), an
4257	4257	13 investigator for the Office of the Attorney General subject to
4258	4258	14 subsection (g) of Section 1-160 may elect to convert up to 8
4259	4259	15 years of service credit established before the effective date
4260	4260	16 of this amendatory Act of the 102nd General Assembly as an
4261	4261	17 investigator for the Office of the Attorney General under this
4262	4262	18 Article into eligible creditable service by filing a written
4263	4263	19 election with the Board no later than one year after the
4264	4264	20 effective date of this amendatory Act of the 102nd General
4265	4265	21 Assembly, accompanied by payment of an amount to be determined
4266	4266	22 by the Board equal to (i) the difference between the amount of
4267	4267	23 the employee contributions actually paid for that service and
4268	4268	24 the amount of the employee contributions that would have been
4269	4269	25 paid had the employee contributions been made as a noncovered
4270	4270	26 employee serving in a position in which eligible creditable
4271	4271
4272	4272
4273	4273
4274	4274
4275	4275
4276	4276	HB1299 - 118 - LRB103 05659 RPS 50678 b
4277	4277
4278	4278
4279	4279	HB1299- 119 -LRB103 05659 RPS 50678 b HB1299 - 119 - LRB103 05659 RPS 50678 b
4280	4280	HB1299 - 119 - LRB103 05659 RPS 50678 b
4281	4281	1 service, as defined in this Section, may be earned, plus (ii)
4282	4282	2 interest thereon at the effective rate for each year,
4283	4283	3 compounded annually, from the date of service to the date of
4284	4284	4 payment.
4285	4285	5 (q) Subject to the limitation in subsection (i), a State
4286	4286	6 highway maintenance worker subject to subsection (g) of
4287	4287	7 Section 1-160 may elect to convert up to 8 years of service
4288	4288	8 credit established before the effective date of this
4289	4289	9 amendatory Act of the 103rd General Assembly as a State
4290	4290	10 highway maintenance work under this Article into eligible
4291	4291	11 creditable service by filing a written election with the Board
4292	4292	12 no later than one year after the effective date of this
4293	4293	13 amendatory Act of the 103rd General Assembly, accompanied by
4294	4294	14 payment of an amount to be determined by the Board equal to (i)
4295	4295	15 the difference between the amount of the employee
4296	4296	16 contributions actually paid for that service and the amount of
4297	4297	17 the employee contributions that would have been paid had the
4298	4298	18 employee contributions been made as a noncovered employee
4299	4299	19 serving in a position in which eligible creditable service, as
4300	4300	20 defined in this Section, may be earned, plus (ii) interest
4301	4301	21 thereon at the effective rate for each year, compounded
4302	4302	22 annually, from the date of service to the date of payment.
4303	4303	23 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
4304	4304	24 102-538, eff. 8-20-21; 102-956, eff. 5-27-22.)
4305	4305	25 (40 ILCS 5/14-152.1)
4306	4306
4307	4307
4308	4308
4309	4309
4310	4310
4311	4311	HB1299 - 119 - LRB103 05659 RPS 50678 b
4312	4312
4313	4313
4314	4314	HB1299- 120 -LRB103 05659 RPS 50678 b HB1299 - 120 - LRB103 05659 RPS 50678 b
4315	4315	HB1299 - 120 - LRB103 05659 RPS 50678 b
4316	4316	1 Sec. 14-152.1. Application and expiration of new benefit
4317	4317	2 increases.
4318	4318	3 (a) As used in this Section, "new benefit increase" means
4319	4319	4 an increase in the amount of any benefit provided under this
4320	4320	5 Article, or an expansion of the conditions of eligibility for
4321	4321	6 any benefit under this Article, that results from an amendment
4322	4322	7 to this Code that takes effect after June 1, 2005 (the
4323	4323	8 effective date of Public Act 94-4). "New benefit increase",
4324	4324	9 however, does not include any benefit increase resulting from
4325	4325	10 the changes made to Article 1 or this Article by Public Act
4326	4326	11 96-37, Public Act 100-23, Public Act 100-587, Public Act
4327	4327	12 100-611, Public Act 101-10, Public Act 101-610, Public Act
4328	4328	13 102-210, Public Act 102-856, Public Act 102-956, or this
4329	4329	14 amendatory Act of the 103rd General Assembly or this
4330	4330	15 amendatory Act of the 102nd General Assembly.
4331	4331	16 (b) Notwithstanding any other provision of this Code or
4332	4332	17 any subsequent amendment to this Code, every new benefit
4333	4333	18 increase is subject to this Section and shall be deemed to be
4334	4334	19 granted only in conformance with and contingent upon
4335	4335	20 compliance with the provisions of this Section.
4336	4336	21 (c) The Public Act enacting a new benefit increase must
4337	4337	22 identify and provide for payment to the System of additional
4338	4338	23 funding at least sufficient to fund the resulting annual
4339	4339	24 increase in cost to the System as it accrues.
4340	4340	25 Every new benefit increase is contingent upon the General
4341	4341	26 Assembly providing the additional funding required under this
4342	4342
4343	4343
4344	4344
4345	4345
4346	4346
4347	4347	HB1299 - 120 - LRB103 05659 RPS 50678 b
4348	4348
4349	4349
4350	4350	HB1299- 121 -LRB103 05659 RPS 50678 b HB1299 - 121 - LRB103 05659 RPS 50678 b
4351	4351	HB1299 - 121 - LRB103 05659 RPS 50678 b
4352	4352	1 subsection. The Commission on Government Forecasting and
4353	4353	2 Accountability shall analyze whether adequate additional
4354	4354	3 funding has been provided for the new benefit increase and
4355	4355	4 shall report its analysis to the Public Pension Division of
4356	4356	5 the Department of Insurance. A new benefit increase created by
4357	4357	6 a Public Act that does not include the additional funding
4358	4358	7 required under this subsection is null and void. If the Public
4359	4359	8 Pension Division determines that the additional funding
4360	4360	9 provided for a new benefit increase under this subsection is
4361	4361	10 or has become inadequate, it may so certify to the Governor and
4362	4362	11 the State Comptroller and, in the absence of corrective action
4363	4363	12 by the General Assembly, the new benefit increase shall expire
4364	4364	13 at the end of the fiscal year in which the certification is
4365	4365	14 made.
4366	4366	15 (d) Every new benefit increase shall expire 5 years after
4367	4367	16 its effective date or on such earlier date as may be specified
4368	4368	17 in the language enacting the new benefit increase or provided
4369	4369	18 under subsection (c). This does not prevent the General
4370	4370	19 Assembly from extending or re-creating a new benefit increase
4371	4371	20 by law.
4372	4372	21 (e) Except as otherwise provided in the language creating
4373	4373	22 the new benefit increase, a new benefit increase that expires
4374	4374	23 under this Section continues to apply to persons who applied
4375	4375	24 and qualified for the affected benefit while the new benefit
4376	4376	25 increase was in effect and to the affected beneficiaries and
4377	4377	26 alternate payees of such persons, but does not apply to any
4378	4378
4379	4379
4380	4380
4381	4381
4382	4382
4383	4383	HB1299 - 121 - LRB103 05659 RPS 50678 b
4384	4384
4385	4385
4386	4386	HB1299- 122 -LRB103 05659 RPS 50678 b HB1299 - 122 - LRB103 05659 RPS 50678 b
4387	4387	HB1299 - 122 - LRB103 05659 RPS 50678 b
4388	4388	1 other person, including, without limitation, a person who
4389	4389	2 continues in service after the expiration date and did not
4390	4390	3 apply and qualify for the affected benefit while the new
4391	4391	4 benefit increase was in effect.
4392	4392	5 (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
4393	4393	6 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
4394	4394	7 1-1-23; 102-956, eff. 5-27-22.)
4395	4395
4396	4396
4397	4397
4398	4398
4399	4399
4400	4400	HB1299 - 122 - LRB103 05659 RPS 50678 b