HB2054 EngrossedLRB103 05667 RLC 50686 b HB2054 Engrossed LRB103 05667 RLC 50686 b HB2054 Engrossed LRB103 05667 RLC 50686 b 1 AN ACT concerning the Department of Juvenile Justice. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Section 14-110 as follows: 6 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110) 7 (Text of Section from P.A. 102-813) 8 Sec. 14-110. Alternative retirement annuity. 9 (a) Any member who has withdrawn from service with not 10 less than 20 years of eligible creditable service and has 11 attained age 55, and any member who has withdrawn from service 12 with not less than 25 years of eligible creditable service and 13 has attained age 50, regardless of whether the attainment of 14 either of the specified ages occurs while the member is still 15 in service, shall be entitled to receive at the option of the 16 member, in lieu of the regular or minimum retirement annuity, 17 a retirement annuity computed as follows: 18 (i) for periods of service as a noncovered employee: 19 if retirement occurs on or after January 1, 2001, 3% of 20 final average compensation for each year of creditable 21 service; if retirement occurs before January 1, 2001, 2 22 1/4% of final average compensation for each of the first 23 10 years of creditable service, 2 1/2% for each year above HB2054 Engrossed LRB103 05667 RLC 50686 b HB2054 Engrossed- 2 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 2 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 2 - LRB103 05667 RLC 50686 b 1 10 years to and including 20 years of creditable service, 2 and 2 3/4% for each year of creditable service above 20 3 years; and 4 (ii) for periods of eligible creditable service as a 5 covered employee: if retirement occurs on or after January 6 1, 2001, 2.5% of final average compensation for each year 7 of creditable service; if retirement occurs before January 8 1, 2001, 1.67% of final average compensation for each of 9 the first 10 years of such service, 1.90% for each of the 10 next 10 years of such service, 2.10% for each year of such 11 service in excess of 20 but not exceeding 30, and 2.30% for 12 each year in excess of 30. 13 Such annuity shall be subject to a maximum of 75% of final 14 average compensation if retirement occurs before January 1, 15 2001 or to a maximum of 80% of final average compensation if 16 retirement occurs on or after January 1, 2001. 17 These rates shall not be applicable to any service 18 performed by a member as a covered employee which is not 19 eligible creditable service. Service as a covered employee 20 which is not eligible creditable service shall be subject to 21 the rates and provisions of Section 14-108. 22 (b) For the purpose of this Section, "eligible creditable 23 service" means creditable service resulting from service in 24 one or more of the following positions: 25 (1) State policeman; 26 (2) fire fighter in the fire protection service of a HB2054 Engrossed - 2 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 3 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 3 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 3 - LRB103 05667 RLC 50686 b 1 department; 2 (3) air pilot; 3 (4) special agent; 4 (5) investigator for the Secretary of State; 5 (6) conservation police officer; 6 (7) investigator for the Department of Revenue or the 7 Illinois Gaming Board; 8 (8) security employee of the Department of Human 9 Services; 10 (9) Central Management Services security police 11 officer; 12 (10) security employee of the Department of 13 Corrections or the Department of Juvenile Justice; 14 (11) dangerous drugs investigator; 15 (12) investigator for the Illinois State Police; 16 (13) investigator for the Office of the Attorney 17 General; 18 (14) controlled substance inspector; 19 (15) investigator for the Office of the State's 20 Attorneys Appellate Prosecutor; 21 (16) Commerce Commission police officer; 22 (17) arson investigator; 23 (18) State highway maintenance worker; 24 (19) security employee of the Department of Innovation 25 and Technology; or 26 (20) transferred employee. HB2054 Engrossed - 3 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 4 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 4 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 4 - LRB103 05667 RLC 50686 b 1 A person employed in one of the positions specified in 2 this subsection is entitled to eligible creditable service for 3 service credit earned under this Article while undergoing the 4 basic police training course approved by the Illinois Law 5 Enforcement Training Standards Board, if completion of that 6 training is required of persons serving in that position. For 7 the purposes of this Code, service during the required basic 8 police training course shall be deemed performance of the 9 duties of the specified position, even though the person is 10 not a sworn peace officer at the time of the training. 11 A person under paragraph (20) is entitled to eligible 12 creditable service for service credit earned under this 13 Article on and after his or her transfer by Executive Order No. 14 2003-10, Executive Order No. 2004-2, or Executive Order No. 15 2016-1. 16 (c) For the purposes of this Section: 17 (1) The term "State policeman" includes any title or 18 position in the Illinois State Police that is held by an 19 individual employed under the Illinois State Police Act. 20 (2) The term "fire fighter in the fire protection 21 service of a department" includes all officers in such 22 fire protection service including fire chiefs and 23 assistant fire chiefs. 24 (3) The term "air pilot" includes any employee whose 25 official job description on file in the Department of 26 Central Management Services, or in the department by which HB2054 Engrossed - 4 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 5 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 5 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 5 - LRB103 05667 RLC 50686 b 1 he is employed if that department is not covered by the 2 Personnel Code, states that his principal duty is the 3 operation of aircraft, and who possesses a pilot's 4 license; however, the change in this definition made by 5 Public Act 83-842 shall not operate to exclude any 6 noncovered employee who was an "air pilot" for the 7 purposes of this Section on January 1, 1984. 8 (4) The term "special agent" means any person who by 9 reason of employment by the Division of Narcotic Control, 10 the Bureau of Investigation or, after July 1, 1977, the 11 Division of Criminal Investigation, the Division of 12 Internal Investigation, the Division of Operations, the 13 Division of Patrol Operations, or any other Division or 14 organizational entity in the Illinois State Police is 15 vested by law with duties to maintain public order, 16 investigate violations of the criminal law of this State, 17 enforce the laws of this State, make arrests and recover 18 property. The term "special agent" includes any title or 19 position in the Illinois State Police that is held by an 20 individual employed under the Illinois State Police Act. 21 (5) The term "investigator for the Secretary of State" 22 means any person employed by the Office of the Secretary 23 of State and vested with such investigative duties as 24 render him ineligible for coverage under the Social 25 Security Act by reason of Sections 218(d)(5)(A), 26 218(d)(8)(D) and 218(l)(1) of that Act. HB2054 Engrossed - 5 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 6 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 6 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 6 - LRB103 05667 RLC 50686 b 1 A person who became employed as an investigator for 2 the Secretary of State between January 1, 1967 and 3 December 31, 1975, and who has served as such until 4 attainment of age 60, either continuously or with a single 5 break in service of not more than 3 years duration, which 6 break terminated before January 1, 1976, shall be entitled 7 to have his retirement annuity calculated in accordance 8 with subsection (a), notwithstanding that he has less than 9 20 years of credit for such service. 10 (6) The term "Conservation Police Officer" means any 11 person employed by the Division of Law Enforcement of the 12 Department of Natural Resources and vested with such law 13 enforcement duties as render him ineligible for coverage 14 under the Social Security Act by reason of Sections 15 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The 16 term "Conservation Police Officer" includes the positions 17 of Chief Conservation Police Administrator and Assistant 18 Conservation Police Administrator. 19 (7) The term "investigator for the Department of 20 Revenue" means any person employed by the Department of 21 Revenue and vested with such investigative duties as 22 render him ineligible for coverage under the Social 23 Security Act by reason of Sections 218(d)(5)(A), 24 218(d)(8)(D) and 218(l)(1) of that Act. 25 The term "investigator for the Illinois Gaming Board" 26 means any person employed as such by the Illinois Gaming HB2054 Engrossed - 6 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 7 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 7 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 7 - LRB103 05667 RLC 50686 b 1 Board and vested with such peace officer duties as render 2 the person ineligible for coverage under the Social 3 Security Act by reason of Sections 218(d)(5)(A), 4 218(d)(8)(D), and 218(l)(1) of that Act. 5 (8) The term "security employee of the Department of 6 Human Services" means any person employed by the 7 Department of Human Services who (i) is employed at the 8 Chester Mental Health Center and has daily contact with 9 the residents thereof, (ii) is employed within a security 10 unit at a facility operated by the Department and has 11 daily contact with the residents of the security unit, 12 (iii) is employed at a facility operated by the Department 13 that includes a security unit and is regularly scheduled 14 to work at least 50% of his or her working hours within 15 that security unit, or (iv) is a mental health police 16 officer. "Mental health police officer" means any person 17 employed by the Department of Human Services in a position 18 pertaining to the Department's mental health and 19 developmental disabilities functions who is vested with 20 such law enforcement duties as render the person 21 ineligible for coverage under the Social Security Act by 22 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 23 218(l)(1) of that Act. "Security unit" means that portion 24 of a facility that is devoted to the care, containment, 25 and treatment of persons committed to the Department of 26 Human Services as sexually violent persons, persons unfit HB2054 Engrossed - 7 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 8 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 8 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 8 - LRB103 05667 RLC 50686 b 1 to stand trial, or persons not guilty by reason of 2 insanity. With respect to past employment, references to 3 the Department of Human Services include its predecessor, 4 the Department of Mental Health and Developmental 5 Disabilities. 6 The changes made to this subdivision (c)(8) by Public 7 Act 92-14 apply to persons who retire on or after January 8 1, 2001, notwithstanding Section 1-103.1. 9 (9) "Central Management Services security police 10 officer" means any person employed by the Department of 11 Central Management Services who is vested with such law 12 enforcement duties as render him ineligible for coverage 13 under the Social Security Act by reason of Sections 14 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 15 (10) For a member who first became an employee under 16 this Article before July 1, 2005, the term "security 17 employee of the Department of Corrections or the 18 Department of Juvenile Justice" means any employee of the 19 Department of Corrections or the Department of Juvenile 20 Justice or the former Department of Personnel, and any 21 member or employee of the Prisoner Review Board, who has 22 daily contact with inmates or youth by working within a 23 correctional facility or Juvenile facility operated by the 24 Department of Juvenile Justice or who is a parole officer 25 or an employee who has direct contact with committed 26 persons in the performance of his or her job duties. For a HB2054 Engrossed - 8 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 9 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 9 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 9 - LRB103 05667 RLC 50686 b 1 member who first becomes an employee under this Article on 2 or after July 1, 2005, the term means an employee of the 3 Department of Corrections or the Department of Juvenile 4 Justice who is any of the following: (i) officially 5 headquartered at a correctional facility or Juvenile 6 facility operated by the Department of Juvenile Justice, 7 (ii) a parole officer, (iii) a member of the apprehension 8 unit, (iv) a member of the intelligence unit, (v) a member 9 of the sort team, or (vi) an investigator. 10 (11) The term "dangerous drugs investigator" means any 11 person who is employed as such by the Department of Human 12 Services. 13 (12) The term "investigator for the Illinois State 14 Police" means a person employed by the Illinois State 15 Police who is vested under Section 4 of the Narcotic 16 Control Division Abolition Act with such law enforcement 17 powers as render him ineligible for coverage under the 18 Social Security Act by reason of Sections 218(d)(5)(A), 19 218(d)(8)(D) and 218(l)(1) of that Act. 20 (13) "Investigator for the Office of the Attorney 21 General" means any person who is employed as such by the 22 Office of the Attorney General and is vested with such 23 investigative duties as render him ineligible for coverage 24 under the Social Security Act by reason of Sections 25 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For 26 the period before January 1, 1989, the term includes all HB2054 Engrossed - 9 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 10 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 10 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 10 - LRB103 05667 RLC 50686 b 1 persons who were employed as investigators by the Office 2 of the Attorney General, without regard to social security 3 status. 4 (14) "Controlled substance inspector" means any person 5 who is employed as such by the Department of Professional 6 Regulation and is vested with such law enforcement duties 7 as render him ineligible for coverage under the Social 8 Security Act by reason of Sections 218(d)(5)(A), 9 218(d)(8)(D) and 218(l)(1) of that Act. The term 10 "controlled substance inspector" includes the Program 11 Executive of Enforcement and the Assistant Program 12 Executive of Enforcement. 13 (15) The term "investigator for the Office of the 14 State's Attorneys Appellate Prosecutor" means a person 15 employed in that capacity on a full-time basis under the 16 authority of Section 7.06 of the State's Attorneys 17 Appellate Prosecutor's Act. 18 (16) "Commerce Commission police officer" means any 19 person employed by the Illinois Commerce Commission who is 20 vested with such law enforcement duties as render him 21 ineligible for coverage under the Social Security Act by 22 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 23 218(l)(1) of that Act. 24 (17) "Arson investigator" means any person who is 25 employed as such by the Office of the State Fire Marshal 26 and is vested with such law enforcement duties as render HB2054 Engrossed - 10 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 11 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 11 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 11 - LRB103 05667 RLC 50686 b 1 the person ineligible for coverage under the Social 2 Security Act by reason of Sections 218(d)(5)(A), 3 218(d)(8)(D), and 218(l)(1) of that Act. A person who was 4 employed as an arson investigator on January 1, 1995 and 5 is no longer in service but not yet receiving a retirement 6 annuity may convert his or her creditable service for 7 employment as an arson investigator into eligible 8 creditable service by paying to the System the difference 9 between the employee contributions actually paid for that 10 service and the amounts that would have been contributed 11 if the applicant were contributing at the rate applicable 12 to persons with the same social security status earning 13 eligible creditable service on the date of application. 14 (18) The term "State highway maintenance worker" means 15 a person who is either of the following: 16 (i) A person employed on a full-time basis by the 17 Illinois Department of Transportation in the position 18 of highway maintainer, highway maintenance lead 19 worker, highway maintenance lead/lead worker, heavy 20 construction equipment operator, power shovel 21 operator, or bridge mechanic; and whose principal 22 responsibility is to perform, on the roadway, the 23 actual maintenance necessary to keep the highways that 24 form a part of the State highway system in serviceable 25 condition for vehicular traffic. 26 (ii) A person employed on a full-time basis by the HB2054 Engrossed - 11 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 12 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 12 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 12 - LRB103 05667 RLC 50686 b 1 Illinois State Toll Highway Authority in the position 2 of equipment operator/laborer H-4, equipment 3 operator/laborer H-6, welder H-4, welder H-6, 4 mechanical/electrical H-4, mechanical/electrical H-6, 5 water/sewer H-4, water/sewer H-6, sign maker/hanger 6 H-4, sign maker/hanger H-6, roadway lighting H-4, 7 roadway lighting H-6, structural H-4, structural H-6, 8 painter H-4, or painter H-6; and whose principal 9 responsibility is to perform, on the roadway, the 10 actual maintenance necessary to keep the Authority's 11 tollways in serviceable condition for vehicular 12 traffic. 13 (19) The term "security employee of the Department of 14 Innovation and Technology" means a person who was a 15 security employee of the Department of Corrections or the 16 Department of Juvenile Justice, was transferred to the 17 Department of Innovation and Technology pursuant to 18 Executive Order 2016-01, and continues to perform similar 19 job functions under that Department. 20 (20) "Transferred employee" means an employee who was 21 transferred to the Department of Central Management 22 Services by Executive Order No. 2003-10 or Executive Order 23 No. 2004-2 or transferred to the Department of Innovation 24 and Technology by Executive Order No. 2016-1, or both, and 25 was entitled to eligible creditable service for services 26 immediately preceding the transfer. HB2054 Engrossed - 12 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 13 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 13 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 13 - LRB103 05667 RLC 50686 b 1 (d) A security employee of the Department of Corrections 2 or the Department of Juvenile Justice, a security employee of 3 the Department of Human Services who is not a mental health 4 police officer, and a security employee of the Department of 5 Innovation and Technology shall not be eligible for the 6 alternative retirement annuity provided by this Section unless 7 he or she meets the following minimum age and service 8 requirements at the time of retirement: 9 (i) 25 years of eligible creditable service and age 10 55; or 11 (ii) beginning January 1, 1987, 25 years of eligible 12 creditable service and age 54, or 24 years of eligible 13 creditable service and age 55; or 14 (iii) beginning January 1, 1988, 25 years of eligible 15 creditable service and age 53, or 23 years of eligible 16 creditable service and age 55; or 17 (iv) beginning January 1, 1989, 25 years of eligible 18 creditable service and age 52, or 22 years of eligible 19 creditable service and age 55; or 20 (v) beginning January 1, 1990, 25 years of eligible 21 creditable service and age 51, or 21 years of eligible 22 creditable service and age 55; or 23 (vi) beginning January 1, 1991, 25 years of eligible 24 creditable service and age 50, or 20 years of eligible 25 creditable service and age 55. 26 Persons who have service credit under Article 16 of this HB2054 Engrossed - 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18 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 19 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 19 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 19 - LRB103 05667 RLC 50686 b 1 policeman, conservation police officer, investigator for the 2 Office of the Attorney General, an investigator for the 3 Department of Revenue, or investigator for the Secretary of 4 State may elect to establish eligible creditable service for 5 up to 5 years of service as a person employed by a 6 participating municipality to perform police duties, or law 7 enforcement officer employed on a full-time basis by a forest 8 preserve district under Article 7, a county corrections 9 officer, or a court services officer under Article 9, by 10 filing a written election with the Board within 6 months after 11 August 25, 2009 (the effective date of Public Act 96-745) and 12 paying to the System an amount to be determined by the Board, 13 equal to (i) the difference between the amount of employee and 14 employer contributions transferred to the System under 15 Sections 7-139.8 and 9-121.10 and the amounts that would have 16 been contributed had such contributions been made at the rates 17 applicable to State policemen, plus (ii) interest thereon at 18 the actuarially assumed rate for each year, compounded 19 annually, from the date of service to the date of payment. 20 Subject to the limitation in subsection (i), a State 21 policeman, arson investigator, or Commerce Commission police 22 officer may elect to establish eligible creditable service for 23 up to 5 years of service as a person employed by a 24 participating municipality to perform police duties under 25 Article 7, a county corrections officer, a court services 26 officer under Article 9, or a firefighter under Article 4 by HB2054 Engrossed - 19 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 20 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 20 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 20 - LRB103 05667 RLC 50686 b 1 filing a written election with the Board within 6 months after 2 July 30, 2021 (the effective date of Public Act 102-210) and 3 paying to the System an amount to be determined by the Board 4 equal to (i) the difference between the amount of employee and 5 employer contributions transferred to the System under 6 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that 7 would have been contributed had such contributions been made 8 at the rates applicable to State policemen, plus (ii) interest 9 thereon at the actuarially assumed rate for each year, 10 compounded annually, from the date of service to the date of 11 payment. 12 Subject to the limitation in subsection (i), a 13 conservation police officer may elect to establish eligible 14 creditable service for up to 5 years of service as a person 15 employed by a participating municipality to perform police 16 duties under Article 7, a county corrections officer, or a 17 court services officer under Article 9 by filing a written 18 election with the Board within 6 months after July 30, 2021 19 (the effective date of Public Act 102-210) and paying to the 20 System an amount to be determined by the Board equal to (i) the 21 difference between the amount of employee and employer 22 contributions transferred to the System under Sections 7-139.8 23 and 9-121.10 and the amounts that would have been contributed 24 had such contributions been made at the rates applicable to 25 State policemen, plus (ii) interest thereon at the actuarially 26 assumed rate for each year, compounded annually, from the date HB2054 Engrossed - 20 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 21 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 21 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 21 - LRB103 05667 RLC 50686 b 1 of service to the date of payment. 2 Notwithstanding the limitation in subsection (i), a State 3 policeman or conservation police officer may elect to convert 4 service credit earned under this Article to eligible 5 creditable service, as defined by this Section, by filing a 6 written election with the board within 6 months after July 30, 7 2021 (the effective date of Public Act 102-210) and paying to 8 the System an amount to be determined by the Board equal to (i) 9 the difference between the amount of employee contributions 10 originally paid for that service and the amounts that would 11 have been contributed had such contributions been made at the 12 rates applicable to State policemen, plus (ii) the difference 13 between the employer's normal cost of the credit prior to the 14 conversion authorized by Public Act 102-210 and the employer's 15 normal cost of the credit converted in accordance with Public 16 Act 102-210, plus (iii) interest thereon at the actuarially 17 assumed rate for each year, compounded annually, from the date 18 of service to the date of payment. 19 (i) The total amount of eligible creditable service 20 established by any person under subsections (g), (h), (j), 21 (k), (l), (l-5), and (o) of this Section shall not exceed 12 22 years. 23 (j) Subject to the limitation in subsection (i), an 24 investigator for the Office of the State's Attorneys Appellate 25 Prosecutor or a controlled substance inspector may elect to 26 establish eligible creditable service for up to 10 years of HB2054 Engrossed - 21 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 22 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 22 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 22 - LRB103 05667 RLC 50686 b 1 his service as a policeman under Article 3 or a sheriff's law 2 enforcement employee under Article 7, by filing a written 3 election with the Board, accompanied by payment of an amount 4 to be determined by the Board, equal to (1) the difference 5 between the amount of employee and employer contributions 6 transferred to the System under Section 3-110.6 or 7-139.8, 7 and the amounts that would have been contributed had such 8 contributions been made at the rates applicable to State 9 policemen, plus (2) interest thereon at the effective rate for 10 each year, compounded annually, from the date of service to 11 the date of payment. 12 (k) Subject to the limitation in subsection (i) of this 13 Section, an alternative formula employee may elect to 14 establish eligible creditable service for periods spent as a 15 full-time law enforcement officer or full-time corrections 16 officer employed by the federal government or by a state or 17 local government located outside of Illinois, for which credit 18 is not held in any other public employee pension fund or 19 retirement system. To obtain this credit, the applicant must 20 file a written application with the Board by March 31, 1998, 21 accompanied by evidence of eligibility acceptable to the Board 22 and payment of an amount to be determined by the Board, equal 23 to (1) employee contributions for the credit being 24 established, based upon the applicant's salary on the first 25 day as an alternative formula employee after the employment 26 for which credit is being established and the rates then HB2054 Engrossed - 22 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 23 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 23 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 23 - LRB103 05667 RLC 50686 b 1 applicable to alternative formula employees, plus (2) an 2 amount determined by the Board to be the employer's normal 3 cost of the benefits accrued for the credit being established, 4 plus (3) regular interest on the amounts in items (1) and (2) 5 from the first day as an alternative formula employee after 6 the employment for which credit is being established to the 7 date of payment. 8 (l) Subject to the limitation in subsection (i), a 9 security employee of the Department of Corrections may elect, 10 not later than July 1, 1998, to establish eligible creditable 11 service for up to 10 years of his or her service as a policeman 12 under Article 3, by filing a written election with the Board, 13 accompanied by payment of an amount to be determined by the 14 Board, equal to (i) the difference between the amount of 15 employee and employer contributions transferred to the System 16 under Section 3-110.5, and the amounts that would have been 17 contributed had such contributions been made at the rates 18 applicable to security employees of the Department of 19 Corrections, plus (ii) interest thereon at the effective rate 20 for each year, compounded annually, from the date of service 21 to the date of payment. 22 (l-5) Subject to the limitation in subsection (i) of this 23 Section, a State policeman may elect to establish eligible 24 creditable service for up to 5 years of service as a full-time 25 law enforcement officer employed by the federal government or 26 by a state or local government located outside of Illinois for HB2054 Engrossed - 23 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 24 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 24 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 24 - LRB103 05667 RLC 50686 b 1 which credit is not held in any other public employee pension 2 fund or retirement system. To obtain this credit, the 3 applicant must file a written application with the Board no 4 later than 3 years after January 1, 2020 (the effective date of 5 Public Act 101-610), accompanied by evidence of eligibility 6 acceptable to the Board and payment of an amount to be 7 determined by the Board, equal to (1) employee contributions 8 for the credit being established, based upon the applicant's 9 salary on the first day as an alternative formula employee 10 after the employment for which credit is being established and 11 the rates then applicable to alternative formula employees, 12 plus (2) an amount determined by the Board to be the employer's 13 normal cost of the benefits accrued for the credit being 14 established, plus (3) regular interest on the amounts in items 15 (1) and (2) from the first day as an alternative formula 16 employee after the employment for which credit is being 17 established to the date of payment. 18 (m) The amendatory changes to this Section made by Public 19 Act 94-696 apply only to: (1) security employees of the 20 Department of Juvenile Justice employed by the Department of 21 Corrections before June 1, 2006 (the effective date of Public 22 Act 94-696) and transferred to the Department of Juvenile 23 Justice by Public Act 94-696; and (2) persons employed by the 24 Department of Juvenile Justice on or after June 1, 2006 (the 25 effective date of Public Act 94-696) who are required by 26 subsection (b) of Section 3-2.5-15 of the Unified Code of HB2054 Engrossed - 24 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 25 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 25 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 25 - LRB103 05667 RLC 50686 b 1 Corrections to have any bachelor's or advanced degree from an 2 accredited college or university or, in the case of persons 3 who provide vocational training, who are required to have 4 adequate knowledge in the skill for which they are providing 5 the vocational training. On and after June 1, 2023, the 6 bachelor's or advanced degree requirement in Section 3-2.5-15 7 of the Unified Code of Corrections no longer applies to this 8 Code. 9 (n) A person employed in a position under subsection (b) 10 of this Section who has purchased service credit under 11 subsection (j) of Section 14-104 or subsection (b) of Section 12 14-105 in any other capacity under this Article may convert up 13 to 5 years of that service credit into service credit covered 14 under this Section by paying to the Fund an amount equal to (1) 15 the additional employee contribution required under Section 16 14-133, plus (2) the additional employer contribution required 17 under Section 14-131, plus (3) interest on items (1) and (2) at 18 the actuarially assumed rate from the date of the service to 19 the date of payment. 20 (o) Subject to the limitation in subsection (i), a 21 conservation police officer, investigator for the Secretary of 22 State, Commerce Commission police officer, investigator for 23 the Department of Revenue or the Illinois Gaming Board, or 24 arson investigator subject to subsection (g) of Section 1-160 25 may elect to convert up to 8 years of service credit 26 established before January 1, 2020 (the effective date of HB2054 Engrossed - 25 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 26 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 26 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 26 - LRB103 05667 RLC 50686 b 1 Public Act 101-610) as a conservation police officer, 2 investigator for the Secretary of State, Commerce Commission 3 police officer, investigator for the Department of Revenue or 4 the Illinois Gaming Board, or arson investigator under this 5 Article into eligible creditable service by filing a written 6 election with the Board no later than one year after January 1, 7 2020 (the effective date of Public Act 101-610), accompanied 8 by payment of an amount to be determined by the Board equal to 9 (i) the difference between the amount of the employee 10 contributions actually paid for that service and the amount of 11 the employee contributions that would have been paid had the 12 employee contributions been made as a noncovered employee 13 serving in a position in which eligible creditable service, as 14 defined in this Section, may be earned, plus (ii) interest 15 thereon at the effective rate for each year, compounded 16 annually, from the date of service to the date of payment. 17 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 18 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) 19 (Text of Section from P.A. 102-856) 20 Sec. 14-110. Alternative retirement annuity. 21 (a) Any member who has withdrawn from service with not 22 less than 20 years of eligible creditable service and has 23 attained age 55, and any member who has withdrawn from service 24 with not less than 25 years of eligible creditable service and 25 has attained age 50, regardless of whether the attainment of HB2054 Engrossed - 26 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 27 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 27 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 27 - LRB103 05667 RLC 50686 b 1 either of the specified ages occurs while the member is still 2 in service, shall be entitled to receive at the option of the 3 member, in lieu of the regular or minimum retirement annuity, 4 a retirement annuity computed as follows: 5 (i) for periods of service as a noncovered employee: 6 if retirement occurs on or after January 1, 2001, 3% of 7 final average compensation for each year of creditable 8 service; if retirement occurs before January 1, 2001, 2 9 1/4% of final average compensation for each of the first 10 10 years of creditable service, 2 1/2% for each year above 11 10 years to and including 20 years of creditable service, 12 and 2 3/4% for each year of creditable service above 20 13 years; and 14 (ii) for periods of eligible creditable service as a 15 covered employee: if retirement occurs on or after January 16 1, 2001, 2.5% of final average compensation for each year 17 of creditable service; if retirement occurs before January 18 1, 2001, 1.67% of final average compensation for each of 19 the first 10 years of such service, 1.90% for each of the 20 next 10 years of such service, 2.10% for each year of such 21 service in excess of 20 but not exceeding 30, and 2.30% for 22 each year in excess of 30. 23 Such annuity shall be subject to a maximum of 75% of final 24 average compensation if retirement occurs before January 1, 25 2001 or to a maximum of 80% of final average compensation if 26 retirement occurs on or after January 1, 2001. HB2054 Engrossed - 27 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 28 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 28 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 28 - LRB103 05667 RLC 50686 b 1 These rates shall not be applicable to any service 2 performed by a member as a covered employee which is not 3 eligible creditable service. Service as a covered employee 4 which is not eligible creditable service shall be subject to 5 the rates and provisions of Section 14-108. 6 (b) For the purpose of this Section, "eligible creditable 7 service" means creditable service resulting from service in 8 one or more of the following positions: 9 (1) State policeman; 10 (2) fire fighter in the fire protection service of a 11 department; 12 (3) air pilot; 13 (4) special agent; 14 (5) investigator for the Secretary of State; 15 (6) conservation police officer; 16 (7) investigator for the Department of Revenue or the 17 Illinois Gaming Board; 18 (8) security employee of the Department of Human 19 Services; 20 (9) Central Management Services security police 21 officer; 22 (10) security employee of the Department of 23 Corrections or the Department of Juvenile Justice; 24 (11) dangerous drugs investigator; 25 (12) investigator for the Illinois State Police; 26 (13) investigator for the Office of the Attorney HB2054 Engrossed - 28 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 29 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 29 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 29 - LRB103 05667 RLC 50686 b 1 General; 2 (14) controlled substance inspector; 3 (15) investigator for the Office of the State's 4 Attorneys Appellate Prosecutor; 5 (16) Commerce Commission police officer; 6 (17) arson investigator; 7 (18) State highway maintenance worker; 8 (19) security employee of the Department of Innovation 9 and Technology; or 10 (20) transferred employee. 11 A person employed in one of the positions specified in 12 this subsection is entitled to eligible creditable service for 13 service credit earned under this Article while undergoing the 14 basic police training course approved by the Illinois Law 15 Enforcement Training Standards Board, if completion of that 16 training is required of persons serving in that position. For 17 the purposes of this Code, service during the required basic 18 police training course shall be deemed performance of the 19 duties of the specified position, even though the person is 20 not a sworn peace officer at the time of the training. 21 A person under paragraph (20) is entitled to eligible 22 creditable service for service credit earned under this 23 Article on and after his or her transfer by Executive Order No. 24 2003-10, Executive Order No. 2004-2, or Executive Order No. 25 2016-1. 26 (c) For the purposes of this Section: HB2054 Engrossed - 29 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 30 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 30 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 30 - LRB103 05667 RLC 50686 b 1 (1) The term "State policeman" includes any title or 2 position in the Illinois State Police that is held by an 3 individual employed under the Illinois State Police Act. 4 (2) The term "fire fighter in the fire protection 5 service of a department" includes all officers in such 6 fire protection service including fire chiefs and 7 assistant fire chiefs. 8 (3) The term "air pilot" includes any employee whose 9 official job description on file in the Department of 10 Central Management Services, or in the department by which 11 he is employed if that department is not covered by the 12 Personnel Code, states that his principal duty is the 13 operation of aircraft, and who possesses a pilot's 14 license; however, the change in this definition made by 15 Public Act 83-842 shall not operate to exclude any 16 noncovered employee who was an "air pilot" for the 17 purposes of this Section on January 1, 1984. 18 (4) The term "special agent" means any person who by 19 reason of employment by the Division of Narcotic Control, 20 the Bureau of Investigation or, after July 1, 1977, the 21 Division of Criminal Investigation, the Division of 22 Internal Investigation, the Division of Operations, the 23 Division of Patrol Operations, or any other Division or 24 organizational entity in the Illinois State Police is 25 vested by law with duties to maintain public order, 26 investigate violations of the criminal law of this State, HB2054 Engrossed - 30 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 31 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 31 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 31 - LRB103 05667 RLC 50686 b 1 enforce the laws of this State, make arrests and recover 2 property. The term "special agent" includes any title or 3 position in the Illinois State Police that is held by an 4 individual employed under the Illinois State Police Act. 5 (5) The term "investigator for the Secretary of State" 6 means any person employed by the Office of the Secretary 7 of State and vested with such investigative duties as 8 render him ineligible for coverage under the Social 9 Security Act by reason of Sections 218(d)(5)(A), 10 218(d)(8)(D) and 218(l)(1) of that Act. 11 A person who became employed as an investigator for 12 the Secretary of State between January 1, 1967 and 13 December 31, 1975, and who has served as such until 14 attainment of age 60, either continuously or with a single 15 break in service of not more than 3 years duration, which 16 break terminated before January 1, 1976, shall be entitled 17 to have his retirement annuity calculated in accordance 18 with subsection (a), notwithstanding that he has less than 19 20 years of credit for such service. 20 (6) The term "Conservation Police Officer" means any 21 person employed by the Division of Law Enforcement of the 22 Department of Natural Resources and vested with such law 23 enforcement duties as render him ineligible for coverage 24 under the Social Security Act by reason of Sections 25 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The 26 term "Conservation Police Officer" includes the positions HB2054 Engrossed - 31 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 32 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 32 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 32 - LRB103 05667 RLC 50686 b 1 of Chief Conservation Police Administrator and Assistant 2 Conservation Police Administrator. 3 (7) The term "investigator for the Department of 4 Revenue" means any person employed by the Department of 5 Revenue and vested with such investigative duties as 6 render him ineligible for coverage under the Social 7 Security Act by reason of Sections 218(d)(5)(A), 8 218(d)(8)(D) and 218(l)(1) of that Act. 9 The term "investigator for the Illinois Gaming Board" 10 means any person employed as such by the Illinois Gaming 11 Board and vested with such peace officer duties as render 12 the person ineligible for coverage under the Social 13 Security Act by reason of Sections 218(d)(5)(A), 14 218(d)(8)(D), and 218(l)(1) of that Act. 15 (8) The term "security employee of the Department of 16 Human Services" means any person employed by the 17 Department of Human Services who (i) is employed at the 18 Chester Mental Health Center and has daily contact with 19 the residents thereof, (ii) is employed within a security 20 unit at a facility operated by the Department and has 21 daily contact with the residents of the security unit, 22 (iii) is employed at a facility operated by the Department 23 that includes a security unit and is regularly scheduled 24 to work at least 50% of his or her working hours within 25 that security unit, or (iv) is a mental health police 26 officer. "Mental health police officer" means any person HB2054 Engrossed - 32 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 33 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 33 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 33 - LRB103 05667 RLC 50686 b 1 employed by the Department of Human Services in a position 2 pertaining to the Department's mental health and 3 developmental disabilities functions who is vested with 4 such law enforcement duties as render the person 5 ineligible for coverage under the Social Security Act by 6 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 7 218(l)(1) of that Act. "Security unit" means that portion 8 of a facility that is devoted to the care, containment, 9 and treatment of persons committed to the Department of 10 Human Services as sexually violent persons, persons unfit 11 to stand trial, or persons not guilty by reason of 12 insanity. With respect to past employment, references to 13 the Department of Human Services include its predecessor, 14 the Department of Mental Health and Developmental 15 Disabilities. 16 The changes made to this subdivision (c)(8) by Public 17 Act 92-14 apply to persons who retire on or after January 18 1, 2001, notwithstanding Section 1-103.1. 19 (9) "Central Management Services security police 20 officer" means any person employed by the Department of 21 Central Management Services who is vested with such law 22 enforcement duties as render him ineligible for coverage 23 under the Social Security Act by reason of Sections 24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 25 (10) For a member who first became an employee under 26 this Article before July 1, 2005, the term "security HB2054 Engrossed - 33 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 34 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 34 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 34 - LRB103 05667 RLC 50686 b 1 employee of the Department of Corrections or the 2 Department of Juvenile Justice" means any employee of the 3 Department of Corrections or the Department of Juvenile 4 Justice or the former Department of Personnel, and any 5 member or employee of the Prisoner Review Board, who has 6 daily contact with inmates or youth by working within a 7 correctional facility or Juvenile facility operated by the 8 Department of Juvenile Justice or who is a parole officer 9 or an employee who has direct contact with committed 10 persons in the performance of his or her job duties. For a 11 member who first becomes an employee under this Article on 12 or after July 1, 2005, the term means an employee of the 13 Department of Corrections or the Department of Juvenile 14 Justice who is any of the following: (i) officially 15 headquartered at a correctional facility or Juvenile 16 facility operated by the Department of Juvenile Justice, 17 (ii) a parole officer, (iii) a member of the apprehension 18 unit, (iv) a member of the intelligence unit, (v) a member 19 of the sort team, or (vi) an investigator. 20 (11) The term "dangerous drugs investigator" means any 21 person who is employed as such by the Department of Human 22 Services. 23 (12) The term "investigator for the Illinois State 24 Police" means a person employed by the Illinois State 25 Police who is vested under Section 4 of the Narcotic 26 Control Division Abolition Act with such law enforcement HB2054 Engrossed - 34 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 35 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 35 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 35 - LRB103 05667 RLC 50686 b 1 powers as render him ineligible for coverage under the 2 Social Security Act by reason of Sections 218(d)(5)(A), 3 218(d)(8)(D) and 218(l)(1) of that Act. 4 (13) "Investigator for the Office of the Attorney 5 General" means any person who is employed as such by the 6 Office of the Attorney General and is vested with such 7 investigative duties as render him ineligible for coverage 8 under the Social Security Act by reason of Sections 9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For 10 the period before January 1, 1989, the term includes all 11 persons who were employed as investigators by the Office 12 of the Attorney General, without regard to social security 13 status. 14 (14) "Controlled substance inspector" means any person 15 who is employed as such by the Department of Professional 16 Regulation and is vested with such law enforcement duties 17 as render him ineligible for coverage under the Social 18 Security Act by reason of Sections 218(d)(5)(A), 19 218(d)(8)(D) and 218(l)(1) of that Act. The term 20 "controlled substance inspector" includes the Program 21 Executive of Enforcement and the Assistant Program 22 Executive of Enforcement. 23 (15) The term "investigator for the Office of the 24 State's Attorneys Appellate Prosecutor" means a person 25 employed in that capacity on a full-time basis under the 26 authority of Section 7.06 of the State's Attorneys HB2054 Engrossed - 35 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 36 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 36 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 36 - LRB103 05667 RLC 50686 b 1 Appellate Prosecutor's Act. 2 (16) "Commerce Commission police officer" means any 3 person employed by the Illinois Commerce Commission who is 4 vested with such law enforcement duties as render him 5 ineligible for coverage under the Social Security Act by 6 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 7 218(l)(1) of that Act. 8 (17) "Arson investigator" means any person who is 9 employed as such by the Office of the State Fire Marshal 10 and is vested with such law enforcement duties as render 11 the person ineligible for coverage under the Social 12 Security Act by reason of Sections 218(d)(5)(A), 13 218(d)(8)(D), and 218(l)(1) of that Act. A person who was 14 employed as an arson investigator on January 1, 1995 and 15 is no longer in service but not yet receiving a retirement 16 annuity may convert his or her creditable service for 17 employment as an arson investigator into eligible 18 creditable service by paying to the System the difference 19 between the employee contributions actually paid for that 20 service and the amounts that would have been contributed 21 if the applicant were contributing at the rate applicable 22 to persons with the same social security status earning 23 eligible creditable service on the date of application. 24 (18) The term "State highway maintenance worker" means 25 a person who is either of the following: 26 (i) A person employed on a full-time basis by the HB2054 Engrossed - 36 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 37 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 37 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 37 - LRB103 05667 RLC 50686 b 1 Illinois Department of Transportation in the position 2 of highway maintainer, highway maintenance lead 3 worker, highway maintenance lead/lead worker, heavy 4 construction equipment operator, power shovel 5 operator, or bridge mechanic; and whose principal 6 responsibility is to perform, on the roadway, the 7 actual maintenance necessary to keep the highways that 8 form a part of the State highway system in serviceable 9 condition for vehicular traffic. 10 (ii) A person employed on a full-time basis by the 11 Illinois State Toll Highway Authority in the position 12 of equipment operator/laborer H-4, equipment 13 operator/laborer H-6, welder H-4, welder H-6, 14 mechanical/electrical H-4, mechanical/electrical H-6, 15 water/sewer H-4, water/sewer H-6, sign maker/hanger 16 H-4, sign maker/hanger H-6, roadway lighting H-4, 17 roadway lighting H-6, structural H-4, structural H-6, 18 painter H-4, or painter H-6; and whose principal 19 responsibility is to perform, on the roadway, the 20 actual maintenance necessary to keep the Authority's 21 tollways in serviceable condition for vehicular 22 traffic. 23 (19) The term "security employee of the Department of 24 Innovation and Technology" means a person who was a 25 security employee of the Department of Corrections or the 26 Department of Juvenile Justice, was transferred to the HB2054 Engrossed - 37 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 38 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 38 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 38 - LRB103 05667 RLC 50686 b 1 Department of Innovation and Technology pursuant to 2 Executive Order 2016-01, and continues to perform similar 3 job functions under that Department. 4 (20) "Transferred employee" means an employee who was 5 transferred to the Department of Central Management 6 Services by Executive Order No. 2003-10 or Executive Order 7 No. 2004-2 or transferred to the Department of Innovation 8 and Technology by Executive Order No. 2016-1, or both, and 9 was entitled to eligible creditable service for services 10 immediately preceding the transfer. 11 (d) A security employee of the Department of Corrections 12 or the Department of Juvenile Justice, a security employee of 13 the Department of Human Services who is not a mental health 14 police officer, and a security employee of the Department of 15 Innovation and Technology shall not be eligible for the 16 alternative retirement annuity provided by this Section unless 17 he or she meets the following minimum age and service 18 requirements at the time of retirement: 19 (i) 25 years of eligible creditable service and age 20 55; or 21 (ii) beginning January 1, 1987, 25 years of eligible 22 creditable service and age 54, or 24 years of eligible 23 creditable service and age 55; or 24 (iii) beginning January 1, 1988, 25 years of eligible 25 creditable service and age 53, or 23 years of eligible 26 creditable service and age 55; or HB2054 Engrossed - 38 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 39 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 39 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 39 - LRB103 05667 RLC 50686 b 1 (iv) beginning January 1, 1989, 25 years of eligible 2 creditable service and age 52, or 22 years of eligible 3 creditable service and age 55; or 4 (v) beginning January 1, 1990, 25 years of eligible 5 creditable service and age 51, or 21 years of eligible 6 creditable service and age 55; or 7 (vi) beginning January 1, 1991, 25 years of eligible 8 creditable service and age 50, or 20 years of eligible 9 creditable service and age 55. 10 Persons who have service credit under Article 16 of this 11 Code for service as a security employee of the Department of 12 Corrections or the Department of Juvenile Justice, or the 13 Department of Human Services in a position requiring 14 certification as a teacher may count such service toward 15 establishing their eligibility under the service requirements 16 of this Section; but such service may be used only for 17 establishing such eligibility, and not for the purpose of 18 increasing or calculating any benefit. 19 (e) If a member enters military service while working in a 20 position in which eligible creditable service may be earned, 21 and returns to State service in the same or another such 22 position, and fulfills in all other respects the conditions 23 prescribed in this Article for credit for military service, 24 such military service shall be credited as eligible creditable 25 service for the purposes of the retirement annuity prescribed 26 in this Section. HB2054 Engrossed - 39 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 40 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 40 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 40 - LRB103 05667 RLC 50686 b 1 (f) For purposes of calculating retirement annuities under 2 this Section, periods of service rendered after December 31, 3 1968 and before October 1, 1975 as a covered employee in the 4 position of special agent, conservation police officer, mental 5 health police officer, or investigator for the Secretary of 6 State, shall be deemed to have been service as a noncovered 7 employee, provided that the employee pays to the System prior 8 to retirement an amount equal to (1) the difference between 9 the employee contributions that would have been required for 10 such service as a noncovered employee, and the amount of 11 employee contributions actually paid, plus (2) if payment is 12 made after July 31, 1987, regular interest on the amount 13 specified in item (1) from the date of service to the date of 14 payment. 15 For purposes of calculating retirement annuities under 16 this Section, periods of service rendered after December 31, 17 1968 and before January 1, 1982 as a covered employee in the 18 position of investigator for the Department of Revenue shall 19 be deemed to have been service as a noncovered employee, 20 provided that the employee pays to the System prior to 21 retirement an amount equal to (1) the difference between the 22 employee contributions that would have been required for such 23 service as a noncovered employee, and the amount of employee 24 contributions actually paid, plus (2) if payment is made after 25 January 1, 1990, regular interest on the amount specified in 26 item (1) from the date of service to the date of payment. HB2054 Engrossed - 40 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 41 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 41 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 41 - LRB103 05667 RLC 50686 b 1 (g) A State policeman may elect, not later than January 1, 2 1990, to establish eligible creditable service for up to 10 3 years of his service as a policeman under Article 3, by filing 4 a written election with the Board, accompanied by payment of 5 an amount to be determined by the Board, equal to (i) the 6 difference between the amount of employee and employer 7 contributions transferred to the System under Section 3-110.5, 8 and the amounts that would have been contributed had such 9 contributions been made at the rates applicable to State 10 policemen, plus (ii) interest thereon at the effective rate 11 for each year, compounded annually, from the date of service 12 to the date of payment. 13 Subject to the limitation in subsection (i), a State 14 policeman may elect, not later than July 1, 1993, to establish 15 eligible creditable service for up to 10 years of his service 16 as a member of the County Police Department under Article 9, by 17 filing a written election with the Board, accompanied by 18 payment of an amount to be determined by the Board, equal to 19 (i) the difference between the amount of employee and employer 20 contributions transferred to the System under Section 9-121.10 21 and the amounts that would have been contributed had those 22 contributions been made at the rates applicable to State 23 policemen, plus (ii) interest thereon at the effective rate 24 for each year, compounded annually, from the date of service 25 to the date of payment. 26 (h) Subject to the limitation in subsection (i), a State HB2054 Engrossed - 41 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 42 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 42 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 42 - LRB103 05667 RLC 50686 b 1 policeman or investigator for the Secretary of State may elect 2 to establish eligible creditable service for up to 12 years of 3 his service as a policeman under Article 5, by filing a written 4 election with the Board on or before January 31, 1992, and 5 paying to the System by January 31, 1994 an amount to be 6 determined by the Board, equal to (i) the difference between 7 the amount of employee and employer contributions transferred 8 to the System under Section 5-236, and the amounts that would 9 have been contributed had such contributions been made at the 10 rates applicable to State policemen, plus (ii) interest 11 thereon at the effective rate for each year, compounded 12 annually, from the date of service to the date of payment. 13 Subject to the limitation in subsection (i), a State 14 policeman, conservation police officer, or investigator for 15 the Secretary of State may elect to establish eligible 16 creditable service for up to 10 years of service as a sheriff's 17 law enforcement employee under Article 7, by filing a written 18 election with the Board on or before January 31, 1993, and 19 paying to the System by January 31, 1994 an amount to be 20 determined by the Board, equal to (i) the difference between 21 the amount of employee and employer contributions transferred 22 to the System under Section 7-139.7, and the amounts that 23 would have been contributed had such contributions been made 24 at the rates applicable to State policemen, plus (ii) interest 25 thereon at the effective rate for each year, compounded 26 annually, from the date of service to the date of payment. HB2054 Engrossed - 42 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 43 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 43 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 43 - LRB103 05667 RLC 50686 b 1 Subject to the limitation in subsection (i), a State 2 policeman, conservation police officer, or investigator for 3 the Secretary of State may elect to establish eligible 4 creditable service for up to 5 years of service as a police 5 officer under Article 3, a policeman under Article 5, a 6 sheriff's law enforcement employee under Article 7, a member 7 of the county police department under Article 9, or a police 8 officer under Article 15 by filing a written election with the 9 Board and paying to the System an amount to be determined by 10 the Board, equal to (i) the difference between the amount of 11 employee and employer contributions transferred to the System 12 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 13 and the amounts that would have been contributed had such 14 contributions been made at the rates applicable to State 15 policemen, plus (ii) interest thereon at the effective rate 16 for each year, compounded annually, from the date of service 17 to the date of payment. 18 Subject to the limitation in subsection (i), an 19 investigator for the Office of the Attorney General, or an 20 investigator for the Department of Revenue, may elect to 21 establish eligible creditable service for up to 5 years of 22 service as a police officer under Article 3, a policeman under 23 Article 5, a sheriff's law enforcement employee under Article 24 7, or a member of the county police department under Article 9 25 by filing a written election with the Board within 6 months 26 after August 25, 2009 (the effective date of Public Act HB2054 Engrossed - 43 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 44 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 44 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 44 - LRB103 05667 RLC 50686 b 1 96-745) and paying to the System an amount to be determined by 2 the Board, equal to (i) the difference between the amount of 3 employee and employer contributions transferred to the System 4 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the 5 amounts that would have been contributed had such 6 contributions been made at the rates applicable to State 7 policemen, plus (ii) interest thereon at the actuarially 8 assumed rate for each year, compounded annually, from the date 9 of service to the date of payment. 10 Subject to the limitation in subsection (i), a State 11 policeman, conservation police officer, investigator for the 12 Office of the Attorney General, an investigator for the 13 Department of Revenue, or investigator for the Secretary of 14 State may elect to establish eligible creditable service for 15 up to 5 years of service as a person employed by a 16 participating municipality to perform police duties, or law 17 enforcement officer employed on a full-time basis by a forest 18 preserve district under Article 7, a county corrections 19 officer, or a court services officer under Article 9, by 20 filing a written election with the Board within 6 months after 21 August 25, 2009 (the effective date of Public Act 96-745) and 22 paying to the System an amount to be determined by the Board, 23 equal to (i) the difference between the amount of employee and 24 employer contributions transferred to the System under 25 Sections 7-139.8 and 9-121.10 and the amounts that would have 26 been contributed had such contributions been made at the rates HB2054 Engrossed - 44 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 45 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 45 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 45 - LRB103 05667 RLC 50686 b 1 applicable to State policemen, plus (ii) interest thereon at 2 the actuarially assumed rate for each year, compounded 3 annually, from the date of service to the date of payment. 4 Subject to the limitation in subsection (i), a State 5 policeman, arson investigator, or Commerce Commission police 6 officer may elect to establish eligible creditable service for 7 up to 5 years of service as a person employed by a 8 participating municipality to perform police duties under 9 Article 7, a county corrections officer, a court services 10 officer under Article 9, or a firefighter under Article 4 by 11 filing a written election with the Board within 6 months after 12 July 30, 2021 (the effective date of Public Act 102-210) and 13 paying to the System an amount to be determined by the Board 14 equal to (i) the difference between the amount of employee and 15 employer contributions transferred to the System under 16 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that 17 would have been contributed had such contributions been made 18 at the rates applicable to State policemen, plus (ii) interest 19 thereon at the actuarially assumed rate for each year, 20 compounded annually, from the date of service to the date of 21 payment. 22 Subject to the limitation in subsection (i), a 23 conservation police officer may elect to establish eligible 24 creditable service for up to 5 years of service as a person 25 employed by a participating municipality to perform police 26 duties under Article 7, a county corrections officer, or a HB2054 Engrossed - 45 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 46 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 46 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 46 - LRB103 05667 RLC 50686 b 1 court services officer under Article 9 by filing a written 2 election with the Board within 6 months after July 30, 2021 3 (the effective date of Public Act 102-210) and paying to the 4 System an amount to be determined by the Board equal to (i) the 5 difference between the amount of employee and employer 6 contributions transferred to the System under Sections 7-139.8 7 and 9-121.10 and the amounts that would have been contributed 8 had such contributions been made at the rates applicable to 9 State policemen, plus (ii) interest thereon at the actuarially 10 assumed rate for each year, compounded annually, from the date 11 of service to the date of payment. 12 Subject to the limitation in subsection (i), an 13 investigator for the Department of Revenue, investigator for 14 the Illinois Gaming Board, investigator for the Secretary of 15 State, or arson investigator may elect to establish eligible 16 creditable service for up to 5 years of service as a person 17 employed by a participating municipality to perform police 18 duties under Article 7, a county corrections officer, a court 19 services officer under Article 9, or a firefighter under 20 Article 4 by filing a written election with the Board within 6 21 months after the effective date of this amendatory Act of the 22 102nd General Assembly and paying to the System an amount to be 23 determined by the Board equal to (i) the difference between 24 the amount of employee and employer contributions transferred 25 to the System under Sections 4-108.8, 7-139.8, and 9-121.10 26 and the amounts that would have been contributed had such HB2054 Engrossed - 46 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 47 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 47 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 47 - LRB103 05667 RLC 50686 b 1 contributions been made at the rates applicable to State 2 policemen, plus (ii) interest thereon at the actuarially 3 assumed rate for each year, compounded annually, from the date 4 of service to the date of payment. 5 Notwithstanding the limitation in subsection (i), a State 6 policeman or conservation police officer may elect to convert 7 service credit earned under this Article to eligible 8 creditable service, as defined by this Section, by filing a 9 written election with the board within 6 months after July 30, 10 2021 (the effective date of Public Act 102-210) and paying to 11 the System an amount to be determined by the Board equal to (i) 12 the difference between the amount of employee contributions 13 originally paid for that service and the amounts that would 14 have been contributed had such contributions been made at the 15 rates applicable to State policemen, plus (ii) the difference 16 between the employer's normal cost of the credit prior to the 17 conversion authorized by Public Act 102-210 and the employer's 18 normal cost of the credit converted in accordance with Public 19 Act 102-210, plus (iii) interest thereon at the actuarially 20 assumed rate for each year, compounded annually, from the date 21 of service to the date of payment. 22 Notwithstanding the limitation in subsection (i), an 23 investigator for the Department of Revenue, investigator for 24 the Illinois Gaming Board, investigator for the Secretary of 25 State, or arson investigator may elect to convert service 26 credit earned under this Article to eligible creditable HB2054 Engrossed - 47 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 48 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 48 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 48 - LRB103 05667 RLC 50686 b 1 service, as defined by this Section, by filing a written 2 election with the Board within 6 months after the effective 3 date of this amendatory Act of the 102nd General Assembly and 4 paying to the System an amount to be determined by the Board 5 equal to (i) the difference between the amount of employee 6 contributions originally paid for that service and the amounts 7 that would have been contributed had such contributions been 8 made at the rates applicable to investigators for the 9 Department of Revenue, investigators for the Illinois Gaming 10 Board, investigators for the Secretary of State, or arson 11 investigators, plus (ii) the difference between the employer's 12 normal cost of the credit prior to the conversion authorized 13 by this amendatory Act of the 102nd General Assembly and the 14 employer's normal cost of the credit converted in accordance 15 with this amendatory Act of the 102nd General Assembly, plus 16 (iii) interest thereon at the actuarially assumed rate for 17 each year, compounded annually, from the date of service to 18 the date of payment. 19 (i) The total amount of eligible creditable service 20 established by any person under subsections (g), (h), (j), 21 (k), (l), (l-5), and (o) of this Section shall not exceed 12 22 years. 23 (j) Subject to the limitation in subsection (i), an 24 investigator for the Office of the State's Attorneys Appellate 25 Prosecutor or a controlled substance inspector may elect to 26 establish eligible creditable service for up to 10 years of HB2054 Engrossed - 48 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 49 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 49 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 49 - LRB103 05667 RLC 50686 b 1 his service as a policeman under Article 3 or a sheriff's law 2 enforcement employee under Article 7, by filing a written 3 election with the Board, accompanied by payment of an amount 4 to be determined by the Board, equal to (1) the difference 5 between the amount of employee and employer contributions 6 transferred to the System under Section 3-110.6 or 7-139.8, 7 and the amounts that would have been contributed had such 8 contributions been made at the rates applicable to State 9 policemen, plus (2) interest thereon at the effective rate for 10 each year, compounded annually, from the date of service to 11 the date of payment. 12 (k) Subject to the limitation in subsection (i) of this 13 Section, an alternative formula employee may elect to 14 establish eligible creditable service for periods spent as a 15 full-time law enforcement officer or full-time corrections 16 officer employed by the federal government or by a state or 17 local government located outside of Illinois, for which credit 18 is not held in any other public employee pension fund or 19 retirement system. To obtain this credit, the applicant must 20 file a written application with the Board by March 31, 1998, 21 accompanied by evidence of eligibility acceptable to the Board 22 and payment of an amount to be determined by the Board, equal 23 to (1) employee contributions for the credit being 24 established, based upon the applicant's salary on the first 25 day as an alternative formula employee after the employment 26 for which credit is being established and the rates then HB2054 Engrossed - 49 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 50 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 50 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 50 - LRB103 05667 RLC 50686 b 1 applicable to alternative formula employees, plus (2) an 2 amount determined by the Board to be the employer's normal 3 cost of the benefits accrued for the credit being established, 4 plus (3) regular interest on the amounts in items (1) and (2) 5 from the first day as an alternative formula employee after 6 the employment for which credit is being established to the 7 date of payment. 8 (l) Subject to the limitation in subsection (i), a 9 security employee of the Department of Corrections may elect, 10 not later than July 1, 1998, to establish eligible creditable 11 service for up to 10 years of his or her service as a policeman 12 under Article 3, by filing a written election with the Board, 13 accompanied by payment of an amount to be determined by the 14 Board, equal to (i) the difference between the amount of 15 employee and employer contributions transferred to the System 16 under Section 3-110.5, and the amounts that would have been 17 contributed had such contributions been made at the rates 18 applicable to security employees of the Department of 19 Corrections, plus (ii) interest thereon at the effective rate 20 for each year, compounded annually, from the date of service 21 to the date of payment. 22 (l-5) Subject to the limitation in subsection (i) of this 23 Section, a State policeman may elect to establish eligible 24 creditable service for up to 5 years of service as a full-time 25 law enforcement officer employed by the federal government or 26 by a state or local government located outside of Illinois for HB2054 Engrossed - 50 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 51 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 51 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 51 - LRB103 05667 RLC 50686 b 1 which credit is not held in any other public employee pension 2 fund or retirement system. To obtain this credit, the 3 applicant must file a written application with the Board no 4 later than 3 years after January 1, 2020 (the effective date of 5 Public Act 101-610), accompanied by evidence of eligibility 6 acceptable to the Board and payment of an amount to be 7 determined by the Board, equal to (1) employee contributions 8 for the credit being established, based upon the applicant's 9 salary on the first day as an alternative formula employee 10 after the employment for which credit is being established and 11 the rates then applicable to alternative formula employees, 12 plus (2) an amount determined by the Board to be the employer's 13 normal cost of the benefits accrued for the credit being 14 established, plus (3) regular interest on the amounts in items 15 (1) and (2) from the first day as an alternative formula 16 employee after the employment for which credit is being 17 established to the date of payment. 18 (m) The amendatory changes to this Section made by Public 19 Act 94-696 apply only to: (1) security employees of the 20 Department of Juvenile Justice employed by the Department of 21 Corrections before June 1, 2006 (the effective date of Public 22 Act 94-696) and transferred to the Department of Juvenile 23 Justice by Public Act 94-696; and (2) persons employed by the 24 Department of Juvenile Justice on or after June 1, 2006 (the 25 effective date of Public Act 94-696) who are required by 26 subsection (b) of Section 3-2.5-15 of the Unified Code of HB2054 Engrossed - 51 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 52 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 52 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 52 - LRB103 05667 RLC 50686 b 1 Corrections to have any bachelor's or advanced degree from an 2 accredited college or university or, in the case of persons 3 who provide vocational training, who are required to have 4 adequate knowledge in the skill for which they are providing 5 the vocational training. On and after June 1, 2023, the 6 bachelor's or advanced degree requirement in Section 3-2.5-15 7 of the Unified Code of Corrections no longer applies to this 8 Code. 9 (n) A person employed in a position under subsection (b) 10 of this Section who has purchased service credit under 11 subsection (j) of Section 14-104 or subsection (b) of Section 12 14-105 in any other capacity under this Article may convert up 13 to 5 years of that service credit into service credit covered 14 under this Section by paying to the Fund an amount equal to (1) 15 the additional employee contribution required under Section 16 14-133, plus (2) the additional employer contribution required 17 under Section 14-131, plus (3) interest on items (1) and (2) at 18 the actuarially assumed rate from the date of the service to 19 the date of payment. 20 (o) Subject to the limitation in subsection (i), a 21 conservation police officer, investigator for the Secretary of 22 State, Commerce Commission police officer, investigator for 23 the Department of Revenue or the Illinois Gaming Board, or 24 arson investigator subject to subsection (g) of Section 1-160 25 may elect to convert up to 8 years of service credit 26 established before January 1, 2020 (the effective date of HB2054 Engrossed - 52 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 53 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 53 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 53 - LRB103 05667 RLC 50686 b 1 Public Act 101-610) as a conservation police officer, 2 investigator for the Secretary of State, Commerce Commission 3 police officer, investigator for the Department of Revenue or 4 the Illinois Gaming Board, or arson investigator under this 5 Article into eligible creditable service by filing a written 6 election with the Board no later than one year after January 1, 7 2020 (the effective date of Public Act 101-610), accompanied 8 by payment of an amount to be determined by the Board equal to 9 (i) the difference between the amount of the employee 10 contributions actually paid for that service and the amount of 11 the employee contributions that would have been paid had the 12 employee contributions been made as a noncovered employee 13 serving in a position in which eligible creditable service, as 14 defined in this Section, may be earned, plus (ii) interest 15 thereon at the effective rate for each year, compounded 16 annually, from the date of service to the date of payment. 17 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 18 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.) 19 (Text of Section from P.A. 102-956) 20 Sec. 14-110. Alternative retirement annuity. 21 (a) Any member who has withdrawn from service with not 22 less than 20 years of eligible creditable service and has 23 attained age 55, and any member who has withdrawn from service 24 with not less than 25 years of eligible creditable service and 25 has attained age 50, regardless of whether the attainment of HB2054 Engrossed - 53 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 54 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 54 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 54 - LRB103 05667 RLC 50686 b 1 either of the specified ages occurs while the member is still 2 in service, shall be entitled to receive at the option of the 3 member, in lieu of the regular or minimum retirement annuity, 4 a retirement annuity computed as follows: 5 (i) for periods of service as a noncovered employee: 6 if retirement occurs on or after January 1, 2001, 3% of 7 final average compensation for each year of creditable 8 service; if retirement occurs before January 1, 2001, 2 9 1/4% of final average compensation for each of the first 10 10 years of creditable service, 2 1/2% for each year above 11 10 years to and including 20 years of creditable service, 12 and 2 3/4% for each year of creditable service above 20 13 years; and 14 (ii) for periods of eligible creditable service as a 15 covered employee: if retirement occurs on or after January 16 1, 2001, 2.5% of final average compensation for each year 17 of creditable service; if retirement occurs before January 18 1, 2001, 1.67% of final average compensation for each of 19 the first 10 years of such service, 1.90% for each of the 20 next 10 years of such service, 2.10% for each year of such 21 service in excess of 20 but not exceeding 30, and 2.30% for 22 each year in excess of 30. 23 Such annuity shall be subject to a maximum of 75% of final 24 average compensation if retirement occurs before January 1, 25 2001 or to a maximum of 80% of final average compensation if 26 retirement occurs on or after January 1, 2001. HB2054 Engrossed - 54 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 55 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 55 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 55 - LRB103 05667 RLC 50686 b 1 These rates shall not be applicable to any service 2 performed by a member as a covered employee which is not 3 eligible creditable service. Service as a covered employee 4 which is not eligible creditable service shall be subject to 5 the rates and provisions of Section 14-108. 6 (b) For the purpose of this Section, "eligible creditable 7 service" means creditable service resulting from service in 8 one or more of the following positions: 9 (1) State policeman; 10 (2) fire fighter in the fire protection service of a 11 department; 12 (3) air pilot; 13 (4) special agent; 14 (5) investigator for the Secretary of State; 15 (6) conservation police officer; 16 (7) investigator for the Department of Revenue or the 17 Illinois Gaming Board; 18 (8) security employee of the Department of Human 19 Services; 20 (9) Central Management Services security police 21 officer; 22 (10) security employee of the Department of 23 Corrections or the Department of Juvenile Justice; 24 (11) dangerous drugs investigator; 25 (12) investigator for the Illinois State Police; 26 (13) investigator for the Office of the Attorney HB2054 Engrossed - 55 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 56 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 56 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 56 - LRB103 05667 RLC 50686 b 1 General; 2 (14) controlled substance inspector; 3 (15) investigator for the Office of the State's 4 Attorneys Appellate Prosecutor; 5 (16) Commerce Commission police officer; 6 (17) arson investigator; 7 (18) State highway maintenance worker; 8 (19) security employee of the Department of Innovation 9 and Technology; or 10 (20) transferred employee. 11 A person employed in one of the positions specified in 12 this subsection is entitled to eligible creditable service for 13 service credit earned under this Article while undergoing the 14 basic police training course approved by the Illinois Law 15 Enforcement Training Standards Board, if completion of that 16 training is required of persons serving in that position. For 17 the purposes of this Code, service during the required basic 18 police training course shall be deemed performance of the 19 duties of the specified position, even though the person is 20 not a sworn peace officer at the time of the training. 21 A person under paragraph (20) is entitled to eligible 22 creditable service for service credit earned under this 23 Article on and after his or her transfer by Executive Order No. 24 2003-10, Executive Order No. 2004-2, or Executive Order No. 25 2016-1. 26 (c) For the purposes of this Section: HB2054 Engrossed - 56 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 57 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 57 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 57 - LRB103 05667 RLC 50686 b 1 (1) The term "State policeman" includes any title or 2 position in the Illinois State Police that is held by an 3 individual employed under the Illinois State Police Act. 4 (2) The term "fire fighter in the fire protection 5 service of a department" includes all officers in such 6 fire protection service including fire chiefs and 7 assistant fire chiefs. 8 (3) The term "air pilot" includes any employee whose 9 official job description on file in the Department of 10 Central Management Services, or in the department by which 11 he is employed if that department is not covered by the 12 Personnel Code, states that his principal duty is the 13 operation of aircraft, and who possesses a pilot's 14 license; however, the change in this definition made by 15 Public Act 83-842 shall not operate to exclude any 16 noncovered employee who was an "air pilot" for the 17 purposes of this Section on January 1, 1984. 18 (4) The term "special agent" means any person who by 19 reason of employment by the Division of Narcotic Control, 20 the Bureau of Investigation or, after July 1, 1977, the 21 Division of Criminal Investigation, the Division of 22 Internal Investigation, the Division of Operations, the 23 Division of Patrol Operations, or any other Division or 24 organizational entity in the Illinois State Police is 25 vested by law with duties to maintain public order, 26 investigate violations of the criminal law of this State, HB2054 Engrossed - 57 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 58 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 58 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 58 - LRB103 05667 RLC 50686 b 1 enforce the laws of this State, make arrests and recover 2 property. The term "special agent" includes any title or 3 position in the Illinois State Police that is held by an 4 individual employed under the Illinois State Police Act. 5 (5) The term "investigator for the Secretary of State" 6 means any person employed by the Office of the Secretary 7 of State and vested with such investigative duties as 8 render him ineligible for coverage under the Social 9 Security Act by reason of Sections 218(d)(5)(A), 10 218(d)(8)(D) and 218(l)(1) of that Act. 11 A person who became employed as an investigator for 12 the Secretary of State between January 1, 1967 and 13 December 31, 1975, and who has served as such until 14 attainment of age 60, either continuously or with a single 15 break in service of not more than 3 years duration, which 16 break terminated before January 1, 1976, shall be entitled 17 to have his retirement annuity calculated in accordance 18 with subsection (a), notwithstanding that he has less than 19 20 years of credit for such service. 20 (6) The term "Conservation Police Officer" means any 21 person employed by the Division of Law Enforcement of the 22 Department of Natural Resources and vested with such law 23 enforcement duties as render him ineligible for coverage 24 under the Social Security Act by reason of Sections 25 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The 26 term "Conservation Police Officer" includes the positions HB2054 Engrossed - 58 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 59 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 59 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 59 - LRB103 05667 RLC 50686 b 1 of Chief Conservation Police Administrator and Assistant 2 Conservation Police Administrator. 3 (7) The term "investigator for the Department of 4 Revenue" means any person employed by the Department of 5 Revenue and vested with such investigative duties as 6 render him ineligible for coverage under the Social 7 Security Act by reason of Sections 218(d)(5)(A), 8 218(d)(8)(D) and 218(l)(1) of that Act. 9 The term "investigator for the Illinois Gaming Board" 10 means any person employed as such by the Illinois Gaming 11 Board and vested with such peace officer duties as render 12 the person ineligible for coverage under the Social 13 Security Act by reason of Sections 218(d)(5)(A), 14 218(d)(8)(D), and 218(l)(1) of that Act. 15 (8) The term "security employee of the Department of 16 Human Services" means any person employed by the 17 Department of Human Services who (i) is employed at the 18 Chester Mental Health Center and has daily contact with 19 the residents thereof, (ii) is employed within a security 20 unit at a facility operated by the Department and has 21 daily contact with the residents of the security unit, 22 (iii) is employed at a facility operated by the Department 23 that includes a security unit and is regularly scheduled 24 to work at least 50% of his or her working hours within 25 that security unit, or (iv) is a mental health police 26 officer. "Mental health police officer" means any person HB2054 Engrossed - 59 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 60 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 60 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 60 - LRB103 05667 RLC 50686 b 1 employed by the Department of Human Services in a position 2 pertaining to the Department's mental health and 3 developmental disabilities functions who is vested with 4 such law enforcement duties as render the person 5 ineligible for coverage under the Social Security Act by 6 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 7 218(l)(1) of that Act. "Security unit" means that portion 8 of a facility that is devoted to the care, containment, 9 and treatment of persons committed to the Department of 10 Human Services as sexually violent persons, persons unfit 11 to stand trial, or persons not guilty by reason of 12 insanity. With respect to past employment, references to 13 the Department of Human Services include its predecessor, 14 the Department of Mental Health and Developmental 15 Disabilities. 16 The changes made to this subdivision (c)(8) by Public 17 Act 92-14 apply to persons who retire on or after January 18 1, 2001, notwithstanding Section 1-103.1. 19 (9) "Central Management Services security police 20 officer" means any person employed by the Department of 21 Central Management Services who is vested with such law 22 enforcement duties as render him ineligible for coverage 23 under the Social Security Act by reason of Sections 24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. 25 (10) For a member who first became an employee under 26 this Article before July 1, 2005, the term "security HB2054 Engrossed - 60 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 61 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 61 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 61 - LRB103 05667 RLC 50686 b 1 employee of the Department of Corrections or the 2 Department of Juvenile Justice" means any employee of the 3 Department of Corrections or the Department of Juvenile 4 Justice or the former Department of Personnel, and any 5 member or employee of the Prisoner Review Board, who has 6 daily contact with inmates or youth by working within a 7 correctional facility or Juvenile facility operated by the 8 Department of Juvenile Justice or who is a parole officer 9 or an employee who has direct contact with committed 10 persons in the performance of his or her job duties. For a 11 member who first becomes an employee under this Article on 12 or after July 1, 2005, the term means an employee of the 13 Department of Corrections or the Department of Juvenile 14 Justice who is any of the following: (i) officially 15 headquartered at a correctional facility or Juvenile 16 facility operated by the Department of Juvenile Justice, 17 (ii) a parole officer, (iii) a member of the apprehension 18 unit, (iv) a member of the intelligence unit, (v) a member 19 of the sort team, or (vi) an investigator. 20 (11) The term "dangerous drugs investigator" means any 21 person who is employed as such by the Department of Human 22 Services. 23 (12) The term "investigator for the Illinois State 24 Police" means a person employed by the Illinois State 25 Police who is vested under Section 4 of the Narcotic 26 Control Division Abolition Act with such law enforcement HB2054 Engrossed - 61 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 62 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 62 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 62 - LRB103 05667 RLC 50686 b 1 powers as render him ineligible for coverage under the 2 Social Security Act by reason of Sections 218(d)(5)(A), 3 218(d)(8)(D) and 218(l)(1) of that Act. 4 (13) "Investigator for the Office of the Attorney 5 General" means any person who is employed as such by the 6 Office of the Attorney General and is vested with such 7 investigative duties as render him ineligible for coverage 8 under the Social Security Act by reason of Sections 9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For 10 the period before January 1, 1989, the term includes all 11 persons who were employed as investigators by the Office 12 of the Attorney General, without regard to social security 13 status. 14 (14) "Controlled substance inspector" means any person 15 who is employed as such by the Department of Professional 16 Regulation and is vested with such law enforcement duties 17 as render him ineligible for coverage under the Social 18 Security Act by reason of Sections 218(d)(5)(A), 19 218(d)(8)(D) and 218(l)(1) of that Act. The term 20 "controlled substance inspector" includes the Program 21 Executive of Enforcement and the Assistant Program 22 Executive of Enforcement. 23 (15) The term "investigator for the Office of the 24 State's Attorneys Appellate Prosecutor" means a person 25 employed in that capacity on a full-time basis under the 26 authority of Section 7.06 of the State's Attorneys HB2054 Engrossed - 62 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 63 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 63 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 63 - LRB103 05667 RLC 50686 b 1 Appellate Prosecutor's Act. 2 (16) "Commerce Commission police officer" means any 3 person employed by the Illinois Commerce Commission who is 4 vested with such law enforcement duties as render him 5 ineligible for coverage under the Social Security Act by 6 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and 7 218(l)(1) of that Act. 8 (17) "Arson investigator" means any person who is 9 employed as such by the Office of the State Fire Marshal 10 and is vested with such law enforcement duties as render 11 the person ineligible for coverage under the Social 12 Security Act by reason of Sections 218(d)(5)(A), 13 218(d)(8)(D), and 218(l)(1) of that Act. A person who was 14 employed as an arson investigator on January 1, 1995 and 15 is no longer in service but not yet receiving a retirement 16 annuity may convert his or her creditable service for 17 employment as an arson investigator into eligible 18 creditable service by paying to the System the difference 19 between the employee contributions actually paid for that 20 service and the amounts that would have been contributed 21 if the applicant were contributing at the rate applicable 22 to persons with the same social security status earning 23 eligible creditable service on the date of application. 24 (18) The term "State highway maintenance worker" means 25 a person who is either of the following: 26 (i) A person employed on a full-time basis by the HB2054 Engrossed - 63 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 64 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 64 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 64 - LRB103 05667 RLC 50686 b 1 Illinois Department of Transportation in the position 2 of highway maintainer, highway maintenance lead 3 worker, highway maintenance lead/lead worker, heavy 4 construction equipment operator, power shovel 5 operator, or bridge mechanic; and whose principal 6 responsibility is to perform, on the roadway, the 7 actual maintenance necessary to keep the highways that 8 form a part of the State highway system in serviceable 9 condition for vehicular traffic. 10 (ii) A person employed on a full-time basis by the 11 Illinois State Toll Highway Authority in the position 12 of equipment operator/laborer H-4, equipment 13 operator/laborer H-6, welder H-4, welder H-6, 14 mechanical/electrical H-4, mechanical/electrical H-6, 15 water/sewer H-4, water/sewer H-6, sign maker/hanger 16 H-4, sign maker/hanger H-6, roadway lighting H-4, 17 roadway lighting H-6, structural H-4, structural H-6, 18 painter H-4, or painter H-6; and whose principal 19 responsibility is to perform, on the roadway, the 20 actual maintenance necessary to keep the Authority's 21 tollways in serviceable condition for vehicular 22 traffic. 23 (19) The term "security employee of the Department of 24 Innovation and Technology" means a person who was a 25 security employee of the Department of Corrections or the 26 Department of Juvenile Justice, was transferred to the HB2054 Engrossed - 64 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 65 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 65 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 65 - LRB103 05667 RLC 50686 b 1 Department of Innovation and Technology pursuant to 2 Executive Order 2016-01, and continues to perform similar 3 job functions under that Department. 4 (20) "Transferred employee" means an employee who was 5 transferred to the Department of Central Management 6 Services by Executive Order No. 2003-10 or Executive Order 7 No. 2004-2 or transferred to the Department of Innovation 8 and Technology by Executive Order No. 2016-1, or both, and 9 was entitled to eligible creditable service for services 10 immediately preceding the transfer. 11 (d) A security employee of the Department of Corrections 12 or the Department of Juvenile Justice, a security employee of 13 the Department of Human Services who is not a mental health 14 police officer, and a security employee of the Department of 15 Innovation and Technology shall not be eligible for the 16 alternative retirement annuity provided by this Section unless 17 he or she meets the following minimum age and service 18 requirements at the time of retirement: 19 (i) 25 years of eligible creditable service and age 20 55; or 21 (ii) beginning January 1, 1987, 25 years of eligible 22 creditable service and age 54, or 24 years of eligible 23 creditable service and age 55; or 24 (iii) beginning January 1, 1988, 25 years of eligible 25 creditable service and age 53, or 23 years of eligible 26 creditable service and age 55; or HB2054 Engrossed - 65 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 66 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 66 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 66 - LRB103 05667 RLC 50686 b 1 (iv) beginning January 1, 1989, 25 years of eligible 2 creditable service and age 52, or 22 years of eligible 3 creditable service and age 55; or 4 (v) beginning January 1, 1990, 25 years of eligible 5 creditable service and age 51, or 21 years of eligible 6 creditable service and age 55; or 7 (vi) beginning January 1, 1991, 25 years of eligible 8 creditable service and age 50, or 20 years of eligible 9 creditable service and age 55. 10 Persons who have service credit under Article 16 of this 11 Code for service as a security employee of the Department of 12 Corrections or the Department of Juvenile Justice, or the 13 Department of Human Services in a position requiring 14 certification as a teacher may count such service toward 15 establishing their eligibility under the service requirements 16 of this Section; but such service may be used only for 17 establishing such eligibility, and not for the purpose of 18 increasing or calculating any benefit. 19 (e) If a member enters military service while working in a 20 position in which eligible creditable service may be earned, 21 and returns to State service in the same or another such 22 position, and fulfills in all other respects the conditions 23 prescribed in this Article for credit for military service, 24 such military service shall be credited as eligible creditable 25 service for the purposes of the retirement annuity prescribed 26 in this Section. HB2054 Engrossed - 66 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 67 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 67 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 67 - LRB103 05667 RLC 50686 b 1 (f) For purposes of calculating retirement annuities under 2 this Section, periods of service rendered after December 31, 3 1968 and before October 1, 1975 as a covered employee in the 4 position of special agent, conservation police officer, mental 5 health police officer, or investigator for the Secretary of 6 State, shall be deemed to have been service as a noncovered 7 employee, provided that the employee pays to the System prior 8 to retirement an amount equal to (1) the difference between 9 the employee contributions that would have been required for 10 such service as a noncovered employee, and the amount of 11 employee contributions actually paid, plus (2) if payment is 12 made after July 31, 1987, regular interest on the amount 13 specified in item (1) from the date of service to the date of 14 payment. 15 For purposes of calculating retirement annuities under 16 this Section, periods of service rendered after December 31, 17 1968 and before January 1, 1982 as a covered employee in the 18 position of investigator for the Department of Revenue shall 19 be deemed to have been service as a noncovered employee, 20 provided that the employee pays to the System prior to 21 retirement an amount equal to (1) the difference between the 22 employee contributions that would have been required for such 23 service as a noncovered employee, and the amount of employee 24 contributions actually paid, plus (2) if payment is made after 25 January 1, 1990, regular interest on the amount specified in 26 item (1) from the date of service to the date of payment. HB2054 Engrossed - 67 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 68 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 68 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 68 - LRB103 05667 RLC 50686 b 1 (g) A State policeman may elect, not later than January 1, 2 1990, to establish eligible creditable service for up to 10 3 years of his service as a policeman under Article 3, by filing 4 a written election with the Board, accompanied by payment of 5 an amount to be determined by the Board, equal to (i) the 6 difference between the amount of employee and employer 7 contributions transferred to the System under Section 3-110.5, 8 and the amounts that would have been contributed had such 9 contributions been made at the rates applicable to State 10 policemen, plus (ii) interest thereon at the effective rate 11 for each year, compounded annually, from the date of service 12 to the date of payment. 13 Subject to the limitation in subsection (i), a State 14 policeman may elect, not later than July 1, 1993, to establish 15 eligible creditable service for up to 10 years of his service 16 as a member of the County Police Department under Article 9, by 17 filing a written election with the Board, accompanied by 18 payment of an amount to be determined by the Board, equal to 19 (i) the difference between the amount of employee and employer 20 contributions transferred to the System under Section 9-121.10 21 and the amounts that would have been contributed had those 22 contributions been made at the rates applicable to State 23 policemen, plus (ii) interest thereon at the effective rate 24 for each year, compounded annually, from the date of service 25 to the date of payment. 26 (h) Subject to the limitation in subsection (i), a State HB2054 Engrossed - 68 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 69 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 69 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 69 - LRB103 05667 RLC 50686 b 1 policeman or investigator for the Secretary of State may elect 2 to establish eligible creditable service for up to 12 years of 3 his service as a policeman under Article 5, by filing a written 4 election with the Board on or before January 31, 1992, and 5 paying to the System by January 31, 1994 an amount to be 6 determined by the Board, equal to (i) the difference between 7 the amount of employee and employer contributions transferred 8 to the System under Section 5-236, and the amounts that would 9 have been contributed had such contributions been made at the 10 rates applicable to State policemen, plus (ii) interest 11 thereon at the effective rate for each year, compounded 12 annually, from the date of service to the date of payment. 13 Subject to the limitation in subsection (i), a State 14 policeman, conservation police officer, or investigator for 15 the Secretary of State may elect to establish eligible 16 creditable service for up to 10 years of service as a sheriff's 17 law enforcement employee under Article 7, by filing a written 18 election with the Board on or before January 31, 1993, and 19 paying to the System by January 31, 1994 an amount to be 20 determined by the Board, equal to (i) the difference between 21 the amount of employee and employer contributions transferred 22 to the System under Section 7-139.7, and the amounts that 23 would have been contributed had such contributions been made 24 at the rates applicable to State policemen, plus (ii) interest 25 thereon at the effective rate for each year, compounded 26 annually, from the date of service to the date of payment. HB2054 Engrossed - 69 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 70 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 70 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 70 - LRB103 05667 RLC 50686 b 1 Subject to the limitation in subsection (i), a State 2 policeman, conservation police officer, or investigator for 3 the Secretary of State may elect to establish eligible 4 creditable service for up to 5 years of service as a police 5 officer under Article 3, a policeman under Article 5, a 6 sheriff's law enforcement employee under Article 7, a member 7 of the county police department under Article 9, or a police 8 officer under Article 15 by filing a written election with the 9 Board and paying to the System an amount to be determined by 10 the Board, equal to (i) the difference between the amount of 11 employee and employer contributions transferred to the System 12 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 13 and the amounts that would have been contributed had such 14 contributions been made at the rates applicable to State 15 policemen, plus (ii) interest thereon at the effective rate 16 for each year, compounded annually, from the date of service 17 to the date of payment. 18 Subject to the limitation in subsection (i), an 19 investigator for the Office of the Attorney General, or an 20 investigator for the Department of Revenue, may elect to 21 establish eligible creditable service for up to 5 years of 22 service as a police officer under Article 3, a policeman under 23 Article 5, a sheriff's law enforcement employee under Article 24 7, or a member of the county police department under Article 9 25 by filing a written election with the Board within 6 months 26 after August 25, 2009 (the effective date of Public Act HB2054 Engrossed - 70 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 71 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 71 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 71 - LRB103 05667 RLC 50686 b 1 96-745) and paying to the System an amount to be determined by 2 the Board, equal to (i) the difference between the amount of 3 employee and employer contributions transferred to the System 4 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the 5 amounts that would have been contributed had such 6 contributions been made at the rates applicable to State 7 policemen, plus (ii) interest thereon at the actuarially 8 assumed rate for each year, compounded annually, from the date 9 of service to the date of payment. 10 Subject to the limitation in subsection (i), a State 11 policeman, conservation police officer, investigator for the 12 Office of the Attorney General, an investigator for the 13 Department of Revenue, or investigator for the Secretary of 14 State may elect to establish eligible creditable service for 15 up to 5 years of service as a person employed by a 16 participating municipality to perform police duties, or law 17 enforcement officer employed on a full-time basis by a forest 18 preserve district under Article 7, a county corrections 19 officer, or a court services officer under Article 9, by 20 filing a written election with the Board within 6 months after 21 August 25, 2009 (the effective date of Public Act 96-745) and 22 paying to the System an amount to be determined by the Board, 23 equal to (i) the difference between the amount of employee and 24 employer contributions transferred to the System under 25 Sections 7-139.8 and 9-121.10 and the amounts that would have 26 been contributed had such contributions been made at the rates HB2054 Engrossed - 71 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 72 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 72 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 72 - LRB103 05667 RLC 50686 b 1 applicable to State policemen, plus (ii) interest thereon at 2 the actuarially assumed rate for each year, compounded 3 annually, from the date of service to the date of payment. 4 Subject to the limitation in subsection (i), a State 5 policeman, arson investigator, or Commerce Commission police 6 officer may elect to establish eligible creditable service for 7 up to 5 years of service as a person employed by a 8 participating municipality to perform police duties under 9 Article 7, a county corrections officer, a court services 10 officer under Article 9, or a firefighter under Article 4 by 11 filing a written election with the Board within 6 months after 12 July 30, 2021 (the effective date of Public Act 102-210) and 13 paying to the System an amount to be determined by the Board 14 equal to (i) the difference between the amount of employee and 15 employer contributions transferred to the System under 16 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that 17 would have been contributed had such contributions been made 18 at the rates applicable to State policemen, plus (ii) interest 19 thereon at the actuarially assumed rate for each year, 20 compounded annually, from the date of service to the date of 21 payment. 22 Subject to the limitation in subsection (i), a 23 conservation police officer may elect to establish eligible 24 creditable service for up to 5 years of service as a person 25 employed by a participating municipality to perform police 26 duties under Article 7, a county corrections officer, or a HB2054 Engrossed - 72 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 73 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 73 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 73 - LRB103 05667 RLC 50686 b 1 court services officer under Article 9 by filing a written 2 election with the Board within 6 months after July 30, 2021 3 (the effective date of Public Act 102-210) and paying to the 4 System an amount to be determined by the Board equal to (i) the 5 difference between the amount of employee and employer 6 contributions transferred to the System under Sections 7-139.8 7 and 9-121.10 and the amounts that would have been contributed 8 had such contributions been made at the rates applicable to 9 State policemen, plus (ii) interest thereon at the actuarially 10 assumed rate for each year, compounded annually, from the date 11 of service to the date of payment. 12 Notwithstanding the limitation in subsection (i), a State 13 policeman or conservation police officer may elect to convert 14 service credit earned under this Article to eligible 15 creditable service, as defined by this Section, by filing a 16 written election with the board within 6 months after July 30, 17 2021 (the effective date of Public Act 102-210) and paying to 18 the System an amount to be determined by the Board equal to (i) 19 the difference between the amount of employee contributions 20 originally paid for that service and the amounts that would 21 have been contributed had such contributions been made at the 22 rates applicable to State policemen, plus (ii) the difference 23 between the employer's normal cost of the credit prior to the 24 conversion authorized by Public Act 102-210 and the employer's 25 normal cost of the credit converted in accordance with Public 26 Act 102-210, plus (iii) interest thereon at the actuarially HB2054 Engrossed - 73 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 74 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 74 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 74 - LRB103 05667 RLC 50686 b 1 assumed rate for each year, compounded annually, from the date 2 of service to the date of payment. 3 (i) The total amount of eligible creditable service 4 established by any person under subsections (g), (h), (j), 5 (k), (l), (l-5), (o), and (p) of this Section shall not exceed 6 12 years. 7 (j) Subject to the limitation in subsection (i), an 8 investigator for the Office of the State's Attorneys Appellate 9 Prosecutor or a controlled substance inspector may elect to 10 establish eligible creditable service for up to 10 years of 11 his service as a policeman under Article 3 or a sheriff's law 12 enforcement employee under Article 7, by filing a written 13 election with the Board, accompanied by payment of an amount 14 to be determined by the Board, equal to (1) the difference 15 between the amount of employee and employer contributions 16 transferred to the System under Section 3-110.6 or 7-139.8, 17 and the amounts that would have been contributed had such 18 contributions been made at the rates applicable to State 19 policemen, plus (2) interest thereon at the effective rate for 20 each year, compounded annually, from the date of service to 21 the date of payment. 22 (k) Subject to the limitation in subsection (i) of this 23 Section, an alternative formula employee may elect to 24 establish eligible creditable service for periods spent as a 25 full-time law enforcement officer or full-time corrections 26 officer employed by the federal government or by a state or HB2054 Engrossed - 74 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 75 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 75 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 75 - LRB103 05667 RLC 50686 b 1 local government located outside of Illinois, for which credit 2 is not held in any other public employee pension fund or 3 retirement system. To obtain this credit, the applicant must 4 file a written application with the Board by March 31, 1998, 5 accompanied by evidence of eligibility acceptable to the Board 6 and payment of an amount to be determined by the Board, equal 7 to (1) employee contributions for the credit being 8 established, based upon the applicant's salary on the first 9 day as an alternative formula employee after the employment 10 for which credit is being established and the rates then 11 applicable to alternative formula employees, plus (2) an 12 amount determined by the Board to be the employer's normal 13 cost of the benefits accrued for the credit being established, 14 plus (3) regular interest on the amounts in items (1) and (2) 15 from the first day as an alternative formula employee after 16 the employment for which credit is being established to the 17 date of payment. 18 (l) Subject to the limitation in subsection (i), a 19 security employee of the Department of Corrections may elect, 20 not later than July 1, 1998, to establish eligible creditable 21 service for up to 10 years of his or her service as a policeman 22 under Article 3, by filing a written election with the Board, 23 accompanied by payment of an amount to be determined by the 24 Board, equal to (i) the difference between the amount of 25 employee and employer contributions transferred to the System 26 under Section 3-110.5, and the amounts that would have been HB2054 Engrossed - 75 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 76 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 76 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 76 - LRB103 05667 RLC 50686 b 1 contributed had such contributions been made at the rates 2 applicable to security employees of the Department of 3 Corrections, plus (ii) interest thereon at the effective rate 4 for each year, compounded annually, from the date of service 5 to the date of payment. 6 (l-5) Subject to the limitation in subsection (i) of this 7 Section, a State policeman may elect to establish eligible 8 creditable service for up to 5 years of service as a full-time 9 law enforcement officer employed by the federal government or 10 by a state or local government located outside of Illinois for 11 which credit is not held in any other public employee pension 12 fund or retirement system. To obtain this credit, the 13 applicant must file a written application with the Board no 14 later than 3 years after January 1, 2020 (the effective date of 15 Public Act 101-610), accompanied by evidence of eligibility 16 acceptable to the Board and payment of an amount to be 17 determined by the Board, equal to (1) employee contributions 18 for the credit being established, based upon the applicant's 19 salary on the first day as an alternative formula employee 20 after the employment for which credit is being established and 21 the rates then applicable to alternative formula employees, 22 plus (2) an amount determined by the Board to be the employer's 23 normal cost of the benefits accrued for the credit being 24 established, plus (3) regular interest on the amounts in items 25 (1) and (2) from the first day as an alternative formula 26 employee after the employment for which credit is being HB2054 Engrossed - 76 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 77 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 77 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 77 - LRB103 05667 RLC 50686 b 1 established to the date of payment. 2 (m) The amendatory changes to this Section made by Public 3 Act 94-696 apply only to: (1) security employees of the 4 Department of Juvenile Justice employed by the Department of 5 Corrections before June 1, 2006 (the effective date of Public 6 Act 94-696) and transferred to the Department of Juvenile 7 Justice by Public Act 94-696; and (2) persons employed by the 8 Department of Juvenile Justice on or after June 1, 2006 (the 9 effective date of Public Act 94-696) who are required by 10 subsection (b) of Section 3-2.5-15 of the Unified Code of 11 Corrections to have any bachelor's or advanced degree from an 12 accredited college or university or, in the case of persons 13 who provide vocational training, who are required to have 14 adequate knowledge in the skill for which they are providing 15 the vocational training. On and after June 1, 2023, the 16 bachelor's or advanced degree requirement in Section 3-2.5-15 17 of the Unified Code of Corrections no longer applies to this 18 Code. 19 (n) A person employed in a position under subsection (b) 20 of this Section who has purchased service credit under 21 subsection (j) of Section 14-104 or subsection (b) of Section 22 14-105 in any other capacity under this Article may convert up 23 to 5 years of that service credit into service credit covered 24 under this Section by paying to the Fund an amount equal to (1) 25 the additional employee contribution required under Section 26 14-133, plus (2) the additional employer contribution required HB2054 Engrossed - 77 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 78 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 78 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 78 - LRB103 05667 RLC 50686 b 1 under Section 14-131, plus (3) interest on items (1) and (2) at 2 the actuarially assumed rate from the date of the service to 3 the date of payment. 4 (o) Subject to the limitation in subsection (i), a 5 conservation police officer, investigator for the Secretary of 6 State, Commerce Commission police officer, investigator for 7 the Department of Revenue or the Illinois Gaming Board, or 8 arson investigator subject to subsection (g) of Section 1-160 9 may elect to convert up to 8 years of service credit 10 established before January 1, 2020 (the effective date of 11 Public Act 101-610) as a conservation police officer, 12 investigator for the Secretary of State, Commerce Commission 13 police officer, investigator for the Department of Revenue or 14 the Illinois Gaming Board, or arson investigator under this 15 Article into eligible creditable service by filing a written 16 election with the Board no later than one year after January 1, 17 2020 (the effective date of Public Act 101-610), accompanied 18 by payment of an amount to be determined by the Board equal to 19 (i) the difference between the amount of the employee 20 contributions actually paid for that service and the amount of 21 the employee contributions that would have been paid had the 22 employee contributions been made as a noncovered employee 23 serving in a position in which eligible creditable service, as 24 defined in this Section, may be earned, plus (ii) interest 25 thereon at the effective rate for each year, compounded 26 annually, from the date of service to the date of payment. HB2054 Engrossed - 78 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 79 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 79 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 79 - LRB103 05667 RLC 50686 b 1 (p) Subject to the limitation in subsection (i), an 2 investigator for the Office of the Attorney General subject to 3 subsection (g) of Section 1-160 may elect to convert up to 8 4 years of service credit established before the effective date 5 of this amendatory Act of the 102nd General Assembly as an 6 investigator for the Office of the Attorney General under this 7 Article into eligible creditable service by filing a written 8 election with the Board no later than one year after the 9 effective date of this amendatory Act of the 102nd General 10 Assembly, accompanied by payment of an amount to be determined 11 by the Board equal to (i) the difference between the amount of 12 the employee contributions actually paid for that service and 13 the amount of the employee contributions that would have been 14 paid had the employee contributions been made as a noncovered 15 employee serving in a position in which eligible creditable 16 service, as defined in this Section, may be earned, plus (ii) 17 interest thereon at the effective rate for each year, 18 compounded annually, from the date of service to the date of 19 payment. 20 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 21 102-538, eff. 8-20-21; 102-956, eff. 5-27-22.) 22 Section 10. The Unified Code of Corrections is amended by 23 changing Section 3-2.5-15 as follows: 24 (730 ILCS 5/3-2.5-15) HB2054 Engrossed - 79 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 80 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 80 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 80 - LRB103 05667 RLC 50686 b 1 Sec. 3-2.5-15. Department of Juvenile Justice; assumption 2 of duties of the Juvenile Division. 3 (a) The Department of Juvenile Justice shall assume the 4 rights, powers, duties, and responsibilities of the Juvenile 5 Division of the Department of Corrections. Personnel, books, 6 records, property, and unencumbered appropriations pertaining 7 to the Juvenile Division of the Department of Corrections 8 shall be transferred to the Department of Juvenile Justice on 9 the effective date of this amendatory Act of the 94th General 10 Assembly. Any rights of employees or the State under the 11 Personnel Code or any other contract or plan shall be 12 unaffected by this transfer. 13 (b) Department of Juvenile Justice personnel who are hired 14 by the Department on or after the effective date of this 15 amendatory Act of the 94th General Assembly and who 16 participate or assist in the rehabilitative and vocational 17 training of delinquent youths, supervise the daily activities 18 involving direct and continuing responsibility for the youth's 19 security, welfare and development, or participate in the 20 personal rehabilitation of delinquent youth by training, 21 supervising, and assisting lower level personnel who perform 22 these duties must: (1) be over the age of 21 and (2) have a 23 high school diploma or equivalent and either (A) a any 24 bachelor's or advanced degree from an accredited college or 25 university or (B) 2 or more years of experience providing 26 direct care to youth in the form of residential care, HB2054 Engrossed - 80 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 81 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 81 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 81 - LRB103 05667 RLC 50686 b 1 coaching, case management, or mentoring. This requirement 2 shall not apply to security, clerical, food service, and 3 maintenance staff that do not have direct and regular contact 4 with youth. The degree requirements specified in this 5 subsection (b) are not required of persons who provide 6 vocational training and who have adequate knowledge in the 7 skill for which they are providing the vocational training. 8 (c) Subsection (b) of this Section does not apply to 9 personnel transferred to the Department of Juvenile Justice on 10 the effective date of this amendatory Act of the 94th General 11 Assembly. 12 (d) The Department shall be under the direction of the 13 Director of Juvenile Justice as provided in this Code. 14 (e) The Director shall organize divisions within the 15 Department and shall assign functions, powers, duties, and 16 personnel as required by law. The Director may create other 17 divisions and may assign other functions, powers, duties, and 18 personnel as may be necessary or desirable to carry out the 19 functions and responsibilities vested by law in the 20 Department. The Director may, with the approval of the Office 21 of the Governor, assign to and share functions, powers, 22 duties, and personnel with other State agencies such that 23 administrative services and administrative facilities are 24 provided by a shared administrative service center. Where 25 possible, shared services which impact youth should be done 26 with child-serving agencies. These administrative services may HB2054 Engrossed - 81 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 82 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 82 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 82 - LRB103 05667 RLC 50686 b 1 include, but are not limited to, all of the following 2 functions: budgeting, accounting related functions, auditing, 3 human resources, legal, procurement, training, data collection 4 and analysis, information technology, internal investigations, 5 intelligence, legislative services, emergency response 6 capability, statewide transportation services, and general 7 office support. 8 (f) The Department of Juvenile Justice may enter into 9 intergovernmental cooperation agreements under which minors 10 adjudicated delinquent and committed to the Department of 11 Juvenile Justice may participate in county juvenile impact 12 incarceration programs established under Section 3-6039 of the 13 Counties Code. 14 (g) The Department of Juvenile Justice must comply with 15 the ethnic and racial background data collection procedures 16 provided in Section 4.5 of the Criminal Identification Act. 17 (h) The Department of Juvenile Justice shall implement a 18 wellness program to support health and wellbeing among staff 19 and service providers within the Department of Juvenile 20 Justice environment. The Department of Juvenile Justice shall 21 establish response teams to provide support to employees and 22 staff affected by events that are both duty-related and not 23 duty-related and provide training to response team members. 24 The Department's wellness program shall be accessible to any 25 Department employee or service provider, including contractual 26 employees and approved volunteers. The wellness program may HB2054 Engrossed - 82 - LRB103 05667 RLC 50686 b HB2054 Engrossed- 83 -LRB103 05667 RLC 50686 b HB2054 Engrossed - 83 - LRB103 05667 RLC 50686 b HB2054 Engrossed - 83 - LRB103 05667 RLC 50686 b 1 include information sharing, education and activities designed 2 to support health and well-being within the Department's 3 environment. Access to wellness response team support shall be 4 voluntary and remain confidential. 5 (Source: P.A. 102-616, eff. 1-1-22.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law. 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