Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB2054 Engrossed / Bill

Filed 03/24/2023

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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9  (a) Any member who has withdrawn from service with not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11  attained age 55, and any member who has withdrawn from service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

 

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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

 

 

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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.

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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1  Code for service as a security employee of the Department of
2  Corrections or the Department of Juvenile Justice, or the
3  Department of Human Services in a position requiring
4  certification as a teacher may count such service toward
5  establishing their eligibility under the service requirements
6  of this Section; but such service may be used only for
7  establishing such eligibility, and not for the purpose of
8  increasing or calculating any benefit.
9  (e) If a member enters military service while working in a
10  position in which eligible creditable service may be earned,
11  and returns to State service in the same or another such
12  position, and fulfills in all other respects the conditions
13  prescribed in this Article for credit for military service,
14  such military service shall be credited as eligible creditable
15  service for the purposes of the retirement annuity prescribed
16  in this Section.
17  (f) For purposes of calculating retirement annuities under
18  this Section, periods of service rendered after December 31,
19  1968 and before October 1, 1975 as a covered employee in the
20  position of special agent, conservation police officer, mental
21  health police officer, or investigator for the Secretary of
22  State, shall be deemed to have been service as a noncovered
23  employee, provided that the employee pays to the System prior
24  to retirement an amount equal to (1) the difference between
25  the employee contributions that would have been required for
26  such service as a noncovered employee, and the amount of

 

 

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1  employee contributions actually paid, plus (2) if payment is
2  made after July 31, 1987, regular interest on the amount
3  specified in item (1) from the date of service to the date of
4  payment.
5  For purposes of calculating retirement annuities under
6  this Section, periods of service rendered after December 31,
7  1968 and before January 1, 1982 as a covered employee in the
8  position of investigator for the Department of Revenue shall
9  be deemed to have been service as a noncovered employee,
10  provided that the employee pays to the System prior to
11  retirement an amount equal to (1) the difference between the
12  employee contributions that would have been required for such
13  service as a noncovered employee, and the amount of employee
14  contributions actually paid, plus (2) if payment is made after
15  January 1, 1990, regular interest on the amount specified in
16  item (1) from the date of service to the date of payment.
17  (g) A State policeman may elect, not later than January 1,
18  1990, to establish eligible creditable service for up to 10
19  years of his service as a policeman under Article 3, by filing
20  a written election with the Board, accompanied by payment of
21  an amount to be determined by the Board, equal to (i) the
22  difference between the amount of employee and employer
23  contributions transferred to the System under Section 3-110.5,
24  and the amounts that would have been contributed had such
25  contributions been made at the rates applicable to State
26  policemen, plus (ii) interest thereon at the effective rate

 

 

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1  for each year, compounded annually, from the date of service
2  to the date of payment.
3  Subject to the limitation in subsection (i), a State
4  policeman may elect, not later than July 1, 1993, to establish
5  eligible creditable service for up to 10 years of his service
6  as a member of the County Police Department under Article 9, by
7  filing a written election with the Board, accompanied by
8  payment of an amount to be determined by the Board, equal to
9  (i) the difference between the amount of employee and employer
10  contributions transferred to the System under Section 9-121.10
11  and the amounts that would have been contributed had those
12  contributions been made at the rates applicable to State
13  policemen, plus (ii) interest thereon at the effective rate
14  for each year, compounded annually, from the date of service
15  to the date of payment.
16  (h) Subject to the limitation in subsection (i), a State
17  policeman or investigator for the Secretary of State may elect
18  to establish eligible creditable service for up to 12 years of
19  his service as a policeman under Article 5, by filing a written
20  election with the Board on or before January 31, 1992, and
21  paying to the System by January 31, 1994 an amount to be
22  determined by the Board, equal to (i) the difference between
23  the amount of employee and employer contributions transferred
24  to the System under Section 5-236, and the amounts that would
25  have been contributed had such contributions been made at the
26  rates applicable to State policemen, plus (ii) interest

 

 

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1  thereon at the effective rate for each year, compounded
2  annually, from the date of service to the date of payment.
3  Subject to the limitation in subsection (i), a State
4  policeman, conservation police officer, or investigator for
5  the Secretary of State may elect to establish eligible
6  creditable service for up to 10 years of service as a sheriff's
7  law enforcement employee under Article 7, by filing a written
8  election with the Board on or before January 31, 1993, and
9  paying to the System by January 31, 1994 an amount to be
10  determined by the Board, equal to (i) the difference between
11  the amount of employee and employer contributions transferred
12  to the System under Section 7-139.7, and the amounts that
13  would have been contributed had such contributions been made
14  at the rates applicable to State policemen, 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  Subject to the limitation in subsection (i), a State
18  policeman, conservation police officer, or investigator for
19  the Secretary of State may elect to establish eligible
20  creditable service for up to 5 years of service as a police
21  officer under Article 3, a policeman under Article 5, a
22  sheriff's law enforcement employee under Article 7, a member
23  of the county police department under Article 9, or a police
24  officer under Article 15 by filing a written election with the
25  Board and paying to the System an amount to be determined by
26  the Board, equal to (i) the difference between the amount of

 

 

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1  employee and employer contributions transferred to the System
2  under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
3  and the amounts that would have been contributed had such
4  contributions been made at the rates applicable to State
5  policemen, plus (ii) interest thereon at the effective rate
6  for each year, compounded annually, from the date of service
7  to the date of payment.
8  Subject to the limitation in subsection (i), an
9  investigator for the Office of the Attorney General, or an
10  investigator for the Department of Revenue, may elect to
11  establish eligible creditable service for up to 5 years of
12  service as a police officer under Article 3, a policeman under
13  Article 5, a sheriff's law enforcement employee under Article
14  7, or a member of the county police department under Article 9
15  by filing a written election with the Board within 6 months
16  after August 25, 2009 (the effective date of Public Act
17  96-745) and paying to the System an amount to be determined by
18  the Board, equal to (i) the difference between the amount of
19  employee and employer contributions transferred to the System
20  under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
21  amounts that would have been contributed had such
22  contributions been made at the rates applicable to State
23  policemen, plus (ii) interest thereon at the actuarially
24  assumed rate for each year, compounded annually, from the date
25  of service to the date of payment.
26  Subject to the limitation in subsection (i), a State

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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:

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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.

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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:

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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.

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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)

 

 

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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,

 

 

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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

 

 

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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

 

 

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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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