Illinois 2023-2024 Regular Session

Illinois House Bill HB3263 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3263 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 Amends the State Employee Article of the Illinois Pension Code. Provides that a member who is eligible to receive an alternative retirement annuity may elect to receive an estimated payment that shall commence no later than 30 days after the later of either the member's last day of employment or 30 days after the member files for the retirement benefit with the System. Provides that the estimated payment shall be the best estimate by the System of the total monthly amount due to the member based on the information that the System possesses at the time of the estimate. Provides that if the amount of the estimate is greater or less than the actual amount of the monthly annuity, the System shall pay or recover the difference within 6 months after the start of the monthly annuity. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective immediately. LRB103 28890 RPS 55276 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3263 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 Amends the State Employee Article of the Illinois Pension Code. Provides that a member who is eligible to receive an alternative retirement annuity may elect to receive an estimated payment that shall commence no later than 30 days after the later of either the member's last day of employment or 30 days after the member files for the retirement benefit with the System. Provides that the estimated payment shall be the best estimate by the System of the total monthly amount due to the member based on the information that the System possesses at the time of the estimate. Provides that if the amount of the estimate is greater or less than the actual amount of the monthly annuity, the System shall pay or recover the difference within 6 months after the start of the monthly annuity. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective immediately. LRB103 28890 RPS 55276 b LRB103 28890 RPS 55276 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3263 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
33 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
44 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
55 40 ILCS 5/14-152.1
66 Amends the State Employee Article of the Illinois Pension Code. Provides that a member who is eligible to receive an alternative retirement annuity may elect to receive an estimated payment that shall commence no later than 30 days after the later of either the member's last day of employment or 30 days after the member files for the retirement benefit with the System. Provides that the estimated payment shall be the best estimate by the System of the total monthly amount due to the member based on the information that the System possesses at the time of the estimate. Provides that if the amount of the estimate is greater or less than the actual amount of the monthly annuity, the System shall pay or recover the difference within 6 months after the start of the monthly annuity. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective immediately.
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1212 1 AN ACT concerning public employee benefits.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Pension Code is amended by
1616 5 changing Sections 14-110 and 14-152.1 as follows:
1717 6 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
1818 7 (Text of Section from P.A. 102-813)
1919 8 Sec. 14-110. Alternative retirement annuity.
2020 9 (a) Any member who has withdrawn from service with not
2121 10 less than 20 years of eligible creditable service and has
2222 11 attained age 55, and any member who has withdrawn from service
2323 12 with not less than 25 years of eligible creditable service and
2424 13 has attained age 50, regardless of whether the attainment of
2525 14 either of the specified ages occurs while the member is still
2626 15 in service, shall be entitled to receive at the option of the
2727 16 member, in lieu of the regular or minimum retirement annuity,
2828 17 a retirement annuity computed as follows:
2929 18 (i) for periods of service as a noncovered employee:
3030 19 if retirement occurs on or after January 1, 2001, 3% of
3131 20 final average compensation for each year of creditable
3232 21 service; if retirement occurs before January 1, 2001, 2
3333 22 1/4% of final average compensation for each of the first
3434 23 10 years of creditable service, 2 1/2% for each year above
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3263 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
3939 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
4040 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
4141 40 ILCS 5/14-152.1
4242 Amends the State Employee Article of the Illinois Pension Code. Provides that a member who is eligible to receive an alternative retirement annuity may elect to receive an estimated payment that shall commence no later than 30 days after the later of either the member's last day of employment or 30 days after the member files for the retirement benefit with the System. Provides that the estimated payment shall be the best estimate by the System of the total monthly amount due to the member based on the information that the System possesses at the time of the estimate. Provides that if the amount of the estimate is greater or less than the actual amount of the monthly annuity, the System shall pay or recover the difference within 6 months after the start of the monthly annuity. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective immediately.
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7171 1 10 years to and including 20 years of creditable service,
7272 2 and 2 3/4% for each year of creditable service above 20
7373 3 years; and
7474 4 (ii) for periods of eligible creditable service as a
7575 5 covered employee: if retirement occurs on or after January
7676 6 1, 2001, 2.5% of final average compensation for each year
7777 7 of creditable service; if retirement occurs before January
7878 8 1, 2001, 1.67% of final average compensation for each of
7979 9 the first 10 years of such service, 1.90% for each of the
8080 10 next 10 years of such service, 2.10% for each year of such
8181 11 service in excess of 20 but not exceeding 30, and 2.30% for
8282 12 each year in excess of 30.
8383 13 Such annuity shall be subject to a maximum of 75% of final
8484 14 average compensation if retirement occurs before January 1,
8585 15 2001 or to a maximum of 80% of final average compensation if
8686 16 retirement occurs on or after January 1, 2001.
8787 17 These rates shall not be applicable to any service
8888 18 performed by a member as a covered employee which is not
8989 19 eligible creditable service. Service as a covered employee
9090 20 which is not eligible creditable service shall be subject to
9191 21 the rates and provisions of Section 14-108.
9292 22 (a-5) A member who is eligible to receive an alternative
9393 23 retirement annuity under this Section may elect to receive an
9494 24 estimated payment that shall commence no later than 30 days
9595 25 after the later of either the member's last day of employment
9696 26 or 30 days after the member files for the retirement benefit
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107107 1 with the System. The estimated payment shall be the best
108108 2 estimate by the System of the total monthly amount due to the
109109 3 member based on the information that the System possesses at
110110 4 the time of the estimate. If the amount of the estimate is
111111 5 greater or less than the actual amount of the monthly annuity,
112112 6 the System shall pay or recover the difference within 6 months
113113 7 after the start of the monthly annuity.
114114 8 (b) For the purpose of this Section, "eligible creditable
115115 9 service" means creditable service resulting from service in
116116 10 one or more of the following positions:
117117 11 (1) State policeman;
118118 12 (2) fire fighter in the fire protection service of a
119119 13 department;
120120 14 (3) air pilot;
121121 15 (4) special agent;
122122 16 (5) investigator for the Secretary of State;
123123 17 (6) conservation police officer;
124124 18 (7) investigator for the Department of Revenue or the
125125 19 Illinois Gaming Board;
126126 20 (8) security employee of the Department of Human
127127 21 Services;
128128 22 (9) Central Management Services security police
129129 23 officer;
130130 24 (10) security employee of the Department of
131131 25 Corrections or the Department of Juvenile Justice;
132132 26 (11) dangerous drugs investigator;
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143143 1 (12) investigator for the Illinois State Police;
144144 2 (13) investigator for the Office of the Attorney
145145 3 General;
146146 4 (14) controlled substance inspector;
147147 5 (15) investigator for the Office of the State's
148148 6 Attorneys Appellate Prosecutor;
149149 7 (16) Commerce Commission police officer;
150150 8 (17) arson investigator;
151151 9 (18) State highway maintenance worker;
152152 10 (19) security employee of the Department of Innovation
153153 11 and Technology; or
154154 12 (20) transferred employee.
155155 13 A person employed in one of the positions specified in
156156 14 this subsection is entitled to eligible creditable service for
157157 15 service credit earned under this Article while undergoing the
158158 16 basic police training course approved by the Illinois Law
159159 17 Enforcement Training Standards Board, if completion of that
160160 18 training is required of persons serving in that position. For
161161 19 the purposes of this Code, service during the required basic
162162 20 police training course shall be deemed performance of the
163163 21 duties of the specified position, even though the person is
164164 22 not a sworn peace officer at the time of the training.
165165 23 A person under paragraph (20) is entitled to eligible
166166 24 creditable service for service credit earned under this
167167 25 Article on and after his or her transfer by Executive Order No.
168168 26 2003-10, Executive Order No. 2004-2, or Executive Order No.
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179179 1 2016-1.
180180 2 (c) For the purposes of this Section:
181181 3 (1) The term "State policeman" includes any title or
182182 4 position in the Illinois State Police that is held by an
183183 5 individual employed under the Illinois State Police Act.
184184 6 (2) The term "fire fighter in the fire protection
185185 7 service of a department" includes all officers in such
186186 8 fire protection service including fire chiefs and
187187 9 assistant fire chiefs.
188188 10 (3) The term "air pilot" includes any employee whose
189189 11 official job description on file in the Department of
190190 12 Central Management Services, or in the department by which
191191 13 he is employed if that department is not covered by the
192192 14 Personnel Code, states that his principal duty is the
193193 15 operation of aircraft, and who possesses a pilot's
194194 16 license; however, the change in this definition made by
195195 17 Public Act 83-842 shall not operate to exclude any
196196 18 noncovered employee who was an "air pilot" for the
197197 19 purposes of this Section on January 1, 1984.
198198 20 (4) The term "special agent" means any person who by
199199 21 reason of employment by the Division of Narcotic Control,
200200 22 the Bureau of Investigation or, after July 1, 1977, the
201201 23 Division of Criminal Investigation, the Division of
202202 24 Internal Investigation, the Division of Operations, the
203203 25 Division of Patrol Operations, or any other Division or
204204 26 organizational entity in the Illinois State Police is
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215215 1 vested by law with duties to maintain public order,
216216 2 investigate violations of the criminal law of this State,
217217 3 enforce the laws of this State, make arrests and recover
218218 4 property. The term "special agent" includes any title or
219219 5 position in the Illinois State Police that is held by an
220220 6 individual employed under the Illinois State Police Act.
221221 7 (5) The term "investigator for the Secretary of State"
222222 8 means any person employed by the Office of the Secretary
223223 9 of State and vested with such investigative duties as
224224 10 render him ineligible for coverage under the Social
225225 11 Security Act by reason of Sections 218(d)(5)(A),
226226 12 218(d)(8)(D) and 218(l)(1) of that Act.
227227 13 A person who became employed as an investigator for
228228 14 the Secretary of State between January 1, 1967 and
229229 15 December 31, 1975, and who has served as such until
230230 16 attainment of age 60, either continuously or with a single
231231 17 break in service of not more than 3 years duration, which
232232 18 break terminated before January 1, 1976, shall be entitled
233233 19 to have his retirement annuity calculated in accordance
234234 20 with subsection (a), notwithstanding that he has less than
235235 21 20 years of credit for such service.
236236 22 (6) The term "Conservation Police Officer" means any
237237 23 person employed by the Division of Law Enforcement of the
238238 24 Department of Natural Resources and vested with such law
239239 25 enforcement duties as render him ineligible for coverage
240240 26 under the Social Security Act by reason of Sections
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251251 1 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
252252 2 term "Conservation Police Officer" includes the positions
253253 3 of Chief Conservation Police Administrator and Assistant
254254 4 Conservation Police Administrator.
255255 5 (7) The term "investigator for the Department of
256256 6 Revenue" means any person employed by the Department of
257257 7 Revenue and vested with such investigative duties as
258258 8 render him ineligible for coverage under the Social
259259 9 Security Act by reason of Sections 218(d)(5)(A),
260260 10 218(d)(8)(D) and 218(l)(1) of that Act.
261261 11 The term "investigator for the Illinois Gaming Board"
262262 12 means any person employed as such by the Illinois Gaming
263263 13 Board and vested with such peace officer duties as render
264264 14 the person ineligible for coverage under the Social
265265 15 Security Act by reason of Sections 218(d)(5)(A),
266266 16 218(d)(8)(D), and 218(l)(1) of that Act.
267267 17 (8) The term "security employee of the Department of
268268 18 Human Services" means any person employed by the
269269 19 Department of Human Services who (i) is employed at the
270270 20 Chester Mental Health Center and has daily contact with
271271 21 the residents thereof, (ii) is employed within a security
272272 22 unit at a facility operated by the Department and has
273273 23 daily contact with the residents of the security unit,
274274 24 (iii) is employed at a facility operated by the Department
275275 25 that includes a security unit and is regularly scheduled
276276 26 to work at least 50% of his or her working hours within
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287287 1 that security unit, or (iv) is a mental health police
288288 2 officer. "Mental health police officer" means any person
289289 3 employed by the Department of Human Services in a position
290290 4 pertaining to the Department's mental health and
291291 5 developmental disabilities functions who is vested with
292292 6 such law enforcement duties as render the person
293293 7 ineligible for coverage under the Social Security Act by
294294 8 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
295295 9 218(l)(1) of that Act. "Security unit" means that portion
296296 10 of a facility that is devoted to the care, containment,
297297 11 and treatment of persons committed to the Department of
298298 12 Human Services as sexually violent persons, persons unfit
299299 13 to stand trial, or persons not guilty by reason of
300300 14 insanity. With respect to past employment, references to
301301 15 the Department of Human Services include its predecessor,
302302 16 the Department of Mental Health and Developmental
303303 17 Disabilities.
304304 18 The changes made to this subdivision (c)(8) by Public
305305 19 Act 92-14 apply to persons who retire on or after January
306306 20 1, 2001, notwithstanding Section 1-103.1.
307307 21 (9) "Central Management Services security police
308308 22 officer" means any person employed by the Department of
309309 23 Central Management Services who is vested with such law
310310 24 enforcement duties as render him ineligible for coverage
311311 25 under the Social Security Act by reason of Sections
312312 26 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
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323323 1 (10) For a member who first became an employee under
324324 2 this Article before July 1, 2005, the term "security
325325 3 employee of the Department of Corrections or the
326326 4 Department of Juvenile Justice" means any employee of the
327327 5 Department of Corrections or the Department of Juvenile
328328 6 Justice or the former Department of Personnel, and any
329329 7 member or employee of the Prisoner Review Board, who has
330330 8 daily contact with inmates or youth by working within a
331331 9 correctional facility or Juvenile facility operated by the
332332 10 Department of Juvenile Justice or who is a parole officer
333333 11 or an employee who has direct contact with committed
334334 12 persons in the performance of his or her job duties. For a
335335 13 member who first becomes an employee under this Article on
336336 14 or after July 1, 2005, the term means an employee of the
337337 15 Department of Corrections or the Department of Juvenile
338338 16 Justice who is any of the following: (i) officially
339339 17 headquartered at a correctional facility or Juvenile
340340 18 facility operated by the Department of Juvenile Justice,
341341 19 (ii) a parole officer, (iii) a member of the apprehension
342342 20 unit, (iv) a member of the intelligence unit, (v) a member
343343 21 of the sort team, or (vi) an investigator.
344344 22 (11) The term "dangerous drugs investigator" means any
345345 23 person who is employed as such by the Department of Human
346346 24 Services.
347347 25 (12) The term "investigator for the Illinois State
348348 26 Police" means a person employed by the Illinois State
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359359 1 Police who is vested under Section 4 of the Narcotic
360360 2 Control Division Abolition Act with such law enforcement
361361 3 powers as render him ineligible for coverage under the
362362 4 Social Security Act by reason of Sections 218(d)(5)(A),
363363 5 218(d)(8)(D) and 218(l)(1) of that Act.
364364 6 (13) "Investigator for the Office of the Attorney
365365 7 General" means any person who is employed as such by the
366366 8 Office of the Attorney General and is vested with such
367367 9 investigative duties as render him ineligible for coverage
368368 10 under the Social Security Act by reason of Sections
369369 11 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
370370 12 the period before January 1, 1989, the term includes all
371371 13 persons who were employed as investigators by the Office
372372 14 of the Attorney General, without regard to social security
373373 15 status.
374374 16 (14) "Controlled substance inspector" means any person
375375 17 who is employed as such by the Department of Professional
376376 18 Regulation and is vested with such law enforcement duties
377377 19 as render him ineligible for coverage under the Social
378378 20 Security Act by reason of Sections 218(d)(5)(A),
379379 21 218(d)(8)(D) and 218(l)(1) of that Act. The term
380380 22 "controlled substance inspector" includes the Program
381381 23 Executive of Enforcement and the Assistant Program
382382 24 Executive of Enforcement.
383383 25 (15) The term "investigator for the Office of the
384384 26 State's Attorneys Appellate Prosecutor" means a person
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395395 1 employed in that capacity on a full-time basis under the
396396 2 authority of Section 7.06 of the State's Attorneys
397397 3 Appellate Prosecutor's Act.
398398 4 (16) "Commerce Commission police officer" means any
399399 5 person employed by the Illinois Commerce Commission who is
400400 6 vested with such law enforcement duties as render him
401401 7 ineligible for coverage under the Social Security Act by
402402 8 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
403403 9 218(l)(1) of that Act.
404404 10 (17) "Arson investigator" means any person who is
405405 11 employed as such by the Office of the State Fire Marshal
406406 12 and is vested with such law enforcement duties as render
407407 13 the person ineligible for coverage under the Social
408408 14 Security Act by reason of Sections 218(d)(5)(A),
409409 15 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
410410 16 employed as an arson investigator on January 1, 1995 and
411411 17 is no longer in service but not yet receiving a retirement
412412 18 annuity may convert his or her creditable service for
413413 19 employment as an arson investigator into eligible
414414 20 creditable service by paying to the System the difference
415415 21 between the employee contributions actually paid for that
416416 22 service and the amounts that would have been contributed
417417 23 if the applicant were contributing at the rate applicable
418418 24 to persons with the same social security status earning
419419 25 eligible creditable service on the date of application.
420420 26 (18) The term "State highway maintenance worker" means
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431431 1 a person who is either of the following:
432432 2 (i) A person employed on a full-time basis by the
433433 3 Illinois Department of Transportation in the position
434434 4 of highway maintainer, highway maintenance lead
435435 5 worker, highway maintenance lead/lead worker, heavy
436436 6 construction equipment operator, power shovel
437437 7 operator, or bridge mechanic; and whose principal
438438 8 responsibility is to perform, on the roadway, the
439439 9 actual maintenance necessary to keep the highways that
440440 10 form a part of the State highway system in serviceable
441441 11 condition for vehicular traffic.
442442 12 (ii) A person employed on a full-time basis by the
443443 13 Illinois State Toll Highway Authority in the position
444444 14 of equipment operator/laborer H-4, equipment
445445 15 operator/laborer H-6, welder H-4, welder H-6,
446446 16 mechanical/electrical H-4, mechanical/electrical H-6,
447447 17 water/sewer H-4, water/sewer H-6, sign maker/hanger
448448 18 H-4, sign maker/hanger H-6, roadway lighting H-4,
449449 19 roadway lighting H-6, structural H-4, structural H-6,
450450 20 painter H-4, or painter H-6; and whose principal
451451 21 responsibility is to perform, on the roadway, the
452452 22 actual maintenance necessary to keep the Authority's
453453 23 tollways in serviceable condition for vehicular
454454 24 traffic.
455455 25 (19) The term "security employee of the Department of
456456 26 Innovation and Technology" means a person who was a
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467467 1 security employee of the Department of Corrections or the
468468 2 Department of Juvenile Justice, was transferred to the
469469 3 Department of Innovation and Technology pursuant to
470470 4 Executive Order 2016-01, and continues to perform similar
471471 5 job functions under that Department.
472472 6 (20) "Transferred employee" means an employee who was
473473 7 transferred to the Department of Central Management
474474 8 Services by Executive Order No. 2003-10 or Executive Order
475475 9 No. 2004-2 or transferred to the Department of Innovation
476476 10 and Technology by Executive Order No. 2016-1, or both, and
477477 11 was entitled to eligible creditable service for services
478478 12 immediately preceding the transfer.
479479 13 (d) A security employee of the Department of Corrections
480480 14 or the Department of Juvenile Justice, a security employee of
481481 15 the Department of Human Services who is not a mental health
482482 16 police officer, and a security employee of the Department of
483483 17 Innovation and Technology shall not be eligible for the
484484 18 alternative retirement annuity provided by this Section unless
485485 19 he or she meets the following minimum age and service
486486 20 requirements at the time of retirement:
487487 21 (i) 25 years of eligible creditable service and age
488488 22 55; or
489489 23 (ii) beginning January 1, 1987, 25 years of eligible
490490 24 creditable service and age 54, or 24 years of eligible
491491 25 creditable service and age 55; or
492492 26 (iii) beginning January 1, 1988, 25 years of eligible
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503503 1 creditable service and age 53, or 23 years of eligible
504504 2 creditable service and age 55; or
505505 3 (iv) beginning January 1, 1989, 25 years of eligible
506506 4 creditable service and age 52, or 22 years of eligible
507507 5 creditable service and age 55; or
508508 6 (v) beginning January 1, 1990, 25 years of eligible
509509 7 creditable service and age 51, or 21 years of eligible
510510 8 creditable service and age 55; or
511511 9 (vi) beginning January 1, 1991, 25 years of eligible
512512 10 creditable service and age 50, or 20 years of eligible
513513 11 creditable service and age 55.
514514 12 Persons who have service credit under Article 16 of this
515515 13 Code for service as a security employee of the Department of
516516 14 Corrections or the Department of Juvenile Justice, or the
517517 15 Department of Human Services in a position requiring
518518 16 certification as a teacher may count such service toward
519519 17 establishing their eligibility under the service requirements
520520 18 of this Section; but such service may be used only for
521521 19 establishing such eligibility, and not for the purpose of
522522 20 increasing or calculating any benefit.
523523 21 (e) If a member enters military service while working in a
524524 22 position in which eligible creditable service may be earned,
525525 23 and returns to State service in the same or another such
526526 24 position, and fulfills in all other respects the conditions
527527 25 prescribed in this Article for credit for military service,
528528 26 such military service shall be credited as eligible creditable
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539539 1 service for the purposes of the retirement annuity prescribed
540540 2 in this Section.
541541 3 (f) For purposes of calculating retirement annuities under
542542 4 this Section, periods of service rendered after December 31,
543543 5 1968 and before October 1, 1975 as a covered employee in the
544544 6 position of special agent, conservation police officer, mental
545545 7 health police officer, or investigator for the Secretary of
546546 8 State, shall be deemed to have been service as a noncovered
547547 9 employee, provided that the employee pays to the System prior
548548 10 to retirement an amount equal to (1) the difference between
549549 11 the employee contributions that would have been required for
550550 12 such service as a noncovered employee, and the amount of
551551 13 employee contributions actually paid, plus (2) if payment is
552552 14 made after July 31, 1987, regular interest on the amount
553553 15 specified in item (1) from the date of service to the date of
554554 16 payment.
555555 17 For purposes of calculating retirement annuities under
556556 18 this Section, periods of service rendered after December 31,
557557 19 1968 and before January 1, 1982 as a covered employee in the
558558 20 position of investigator for the Department of Revenue shall
559559 21 be deemed to have been service as a noncovered employee,
560560 22 provided that the employee pays to the System prior to
561561 23 retirement an amount equal to (1) the difference between the
562562 24 employee contributions that would have been required for such
563563 25 service as a noncovered employee, and the amount of employee
564564 26 contributions actually paid, plus (2) if payment is made after
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575575 1 January 1, 1990, regular interest on the amount specified in
576576 2 item (1) from the date of service to the date of payment.
577577 3 (g) A State policeman may elect, not later than January 1,
578578 4 1990, to establish eligible creditable service for up to 10
579579 5 years of his service as a policeman under Article 3, by filing
580580 6 a written election with the Board, accompanied by payment of
581581 7 an amount to be determined by the Board, equal to (i) the
582582 8 difference between the amount of employee and employer
583583 9 contributions transferred to the System under Section 3-110.5,
584584 10 and the amounts that would have been contributed had such
585585 11 contributions been made at the rates applicable to State
586586 12 policemen, plus (ii) interest thereon at the effective rate
587587 13 for each year, compounded annually, from the date of service
588588 14 to the date of payment.
589589 15 Subject to the limitation in subsection (i), a State
590590 16 policeman may elect, not later than July 1, 1993, to establish
591591 17 eligible creditable service for up to 10 years of his service
592592 18 as a member of the County Police Department under Article 9, by
593593 19 filing a written election with the Board, accompanied by
594594 20 payment of an amount to be determined by the Board, equal to
595595 21 (i) the difference between the amount of employee and employer
596596 22 contributions transferred to the System under Section 9-121.10
597597 23 and the amounts that would have been contributed had those
598598 24 contributions been made at the rates applicable to State
599599 25 policemen, plus (ii) interest thereon at the effective rate
600600 26 for each year, compounded annually, from the date of service
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611611 1 to the date of payment.
612612 2 (h) Subject to the limitation in subsection (i), a State
613613 3 policeman or investigator for the Secretary of State may elect
614614 4 to establish eligible creditable service for up to 12 years of
615615 5 his service as a policeman under Article 5, by filing a written
616616 6 election with the Board on or before January 31, 1992, and
617617 7 paying to the System by January 31, 1994 an amount to be
618618 8 determined by the Board, equal to (i) the difference between
619619 9 the amount of employee and employer contributions transferred
620620 10 to the System under Section 5-236, and the amounts that would
621621 11 have been contributed had such contributions been made at the
622622 12 rates applicable to State policemen, plus (ii) interest
623623 13 thereon at the effective rate for each year, compounded
624624 14 annually, from the date of service to the date of payment.
625625 15 Subject to the limitation in subsection (i), a State
626626 16 policeman, conservation police officer, or investigator for
627627 17 the Secretary of State may elect to establish eligible
628628 18 creditable service for up to 10 years of service as a sheriff's
629629 19 law enforcement employee under Article 7, by filing a written
630630 20 election with the Board on or before January 31, 1993, and
631631 21 paying to the System by January 31, 1994 an amount to be
632632 22 determined by the Board, equal to (i) the difference between
633633 23 the amount of employee and employer contributions transferred
634634 24 to the System under Section 7-139.7, and the amounts that
635635 25 would have been contributed had such contributions been made
636636 26 at the rates applicable to State policemen, plus (ii) interest
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647647 1 thereon at the effective rate for each year, compounded
648648 2 annually, from the date of service to the date of payment.
649649 3 Subject to the limitation in subsection (i), a State
650650 4 policeman, conservation police officer, or investigator for
651651 5 the Secretary of State may elect to establish eligible
652652 6 creditable service for up to 5 years of service as a police
653653 7 officer under Article 3, a policeman under Article 5, a
654654 8 sheriff's law enforcement employee under Article 7, a member
655655 9 of the county police department under Article 9, or a police
656656 10 officer under Article 15 by filing a written election with the
657657 11 Board and paying to the System an amount to be determined by
658658 12 the Board, equal to (i) the difference between the amount of
659659 13 employee and employer contributions transferred to the System
660660 14 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
661661 15 and the amounts that would have been contributed had such
662662 16 contributions been made at the rates applicable to State
663663 17 policemen, plus (ii) interest thereon at the effective rate
664664 18 for each year, compounded annually, from the date of service
665665 19 to the date of payment.
666666 20 Subject to the limitation in subsection (i), an
667667 21 investigator for the Office of the Attorney General, or an
668668 22 investigator for the Department of Revenue, may elect to
669669 23 establish eligible creditable service for up to 5 years of
670670 24 service as a police officer under Article 3, a policeman under
671671 25 Article 5, a sheriff's law enforcement employee under Article
672672 26 7, or a member of the county police department under Article 9
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683683 1 by filing a written election with the Board within 6 months
684684 2 after August 25, 2009 (the effective date of Public Act
685685 3 96-745) and paying to the System an amount to be determined by
686686 4 the Board, equal to (i) the difference between the amount of
687687 5 employee and employer contributions transferred to the System
688688 6 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
689689 7 amounts that would have been contributed had such
690690 8 contributions been made at the rates applicable to State
691691 9 policemen, plus (ii) interest thereon at the actuarially
692692 10 assumed rate for each year, compounded annually, from the date
693693 11 of service to the date of payment.
694694 12 Subject to the limitation in subsection (i), a State
695695 13 policeman, conservation police officer, investigator for the
696696 14 Office of the Attorney General, an investigator for the
697697 15 Department of Revenue, or investigator for the Secretary of
698698 16 State may elect to establish eligible creditable service for
699699 17 up to 5 years of service as a person employed by a
700700 18 participating municipality to perform police duties, or law
701701 19 enforcement officer employed on a full-time basis by a forest
702702 20 preserve district under Article 7, a county corrections
703703 21 officer, or a court services officer under Article 9, by
704704 22 filing a written election with the Board within 6 months after
705705 23 August 25, 2009 (the effective date of Public Act 96-745) and
706706 24 paying to the System an amount to be determined by the Board,
707707 25 equal to (i) the difference between the amount of employee and
708708 26 employer contributions transferred to the System under
709709
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719719 1 Sections 7-139.8 and 9-121.10 and the amounts that would have
720720 2 been contributed had such contributions been made at the rates
721721 3 applicable to State policemen, plus (ii) interest thereon at
722722 4 the actuarially assumed rate for each year, compounded
723723 5 annually, from the date of service to the date of payment.
724724 6 Subject to the limitation in subsection (i), a State
725725 7 policeman, arson investigator, or Commerce Commission police
726726 8 officer may elect to establish eligible creditable service for
727727 9 up to 5 years of service as a person employed by a
728728 10 participating municipality to perform police duties under
729729 11 Article 7, a county corrections officer, a court services
730730 12 officer under Article 9, or a firefighter under Article 4 by
731731 13 filing a written election with the Board within 6 months after
732732 14 July 30, 2021 (the effective date of Public Act 102-210) and
733733 15 paying to the System an amount to be determined by the Board
734734 16 equal to (i) the difference between the amount of employee and
735735 17 employer contributions transferred to the System under
736736 18 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
737737 19 would have been contributed had such contributions been made
738738 20 at the rates applicable to State policemen, plus (ii) interest
739739 21 thereon at the actuarially assumed rate for each year,
740740 22 compounded annually, from the date of service to the date of
741741 23 payment.
742742 24 Subject to the limitation in subsection (i), a
743743 25 conservation police officer may elect to establish eligible
744744 26 creditable service for up to 5 years of service as a person
745745
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755755 1 employed by a participating municipality to perform police
756756 2 duties under Article 7, a county corrections officer, or a
757757 3 court services officer under Article 9 by filing a written
758758 4 election with the Board within 6 months after July 30, 2021
759759 5 (the effective date of Public Act 102-210) and paying to the
760760 6 System an amount to be determined by the Board equal to (i) the
761761 7 difference between the amount of employee and employer
762762 8 contributions transferred to the System under Sections 7-139.8
763763 9 and 9-121.10 and the amounts that would have been contributed
764764 10 had such contributions been made at the rates applicable to
765765 11 State policemen, plus (ii) interest thereon at the actuarially
766766 12 assumed rate for each year, compounded annually, from the date
767767 13 of service to the date of payment.
768768 14 Notwithstanding the limitation in subsection (i), a State
769769 15 policeman or conservation police officer may elect to convert
770770 16 service credit earned under this Article to eligible
771771 17 creditable service, as defined by this Section, by filing a
772772 18 written election with the board within 6 months after July 30,
773773 19 2021 (the effective date of Public Act 102-210) and paying to
774774 20 the System an amount to be determined by the Board equal to (i)
775775 21 the difference between the amount of employee contributions
776776 22 originally paid for that service and the amounts that would
777777 23 have been contributed had such contributions been made at the
778778 24 rates applicable to State policemen, plus (ii) the difference
779779 25 between the employer's normal cost of the credit prior to the
780780 26 conversion authorized by Public Act 102-210 and the employer's
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790790 HB3263 - 22 - LRB103 28890 RPS 55276 b
791791 1 normal cost of the credit converted in accordance with Public
792792 2 Act 102-210, plus (iii) interest thereon at the actuarially
793793 3 assumed rate for each year, compounded annually, from the date
794794 4 of service to the date of payment.
795795 5 (i) The total amount of eligible creditable service
796796 6 established by any person under subsections (g), (h), (j),
797797 7 (k), (l), (l-5), and (o) of this Section shall not exceed 12
798798 8 years.
799799 9 (j) Subject to the limitation in subsection (i), an
800800 10 investigator for the Office of the State's Attorneys Appellate
801801 11 Prosecutor or a controlled substance inspector may elect to
802802 12 establish eligible creditable service for up to 10 years of
803803 13 his service as a policeman under Article 3 or a sheriff's law
804804 14 enforcement employee under Article 7, by filing a written
805805 15 election with the Board, accompanied by payment of an amount
806806 16 to be determined by the Board, equal to (1) the difference
807807 17 between the amount of employee and employer contributions
808808 18 transferred to the System under Section 3-110.6 or 7-139.8,
809809 19 and the amounts that would have been contributed had such
810810 20 contributions been made at the rates applicable to State
811811 21 policemen, plus (2) interest thereon at the effective rate for
812812 22 each year, compounded annually, from the date of service to
813813 23 the date of payment.
814814 24 (k) Subject to the limitation in subsection (i) of this
815815 25 Section, an alternative formula employee may elect to
816816 26 establish eligible creditable service for periods spent as a
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827827 1 full-time law enforcement officer or full-time corrections
828828 2 officer employed by the federal government or by a state or
829829 3 local government located outside of Illinois, for which credit
830830 4 is not held in any other public employee pension fund or
831831 5 retirement system. To obtain this credit, the applicant must
832832 6 file a written application with the Board by March 31, 1998,
833833 7 accompanied by evidence of eligibility acceptable to the Board
834834 8 and payment of an amount to be determined by the Board, equal
835835 9 to (1) employee contributions for the credit being
836836 10 established, based upon the applicant's salary on the first
837837 11 day as an alternative formula employee after the employment
838838 12 for which credit is being established and the rates then
839839 13 applicable to alternative formula employees, plus (2) an
840840 14 amount determined by the Board to be the employer's normal
841841 15 cost of the benefits accrued for the credit being established,
842842 16 plus (3) regular interest on the amounts in items (1) and (2)
843843 17 from the first day as an alternative formula employee after
844844 18 the employment for which credit is being established to the
845845 19 date of payment.
846846 20 (l) Subject to the limitation in subsection (i), a
847847 21 security employee of the Department of Corrections may elect,
848848 22 not later than July 1, 1998, to establish eligible creditable
849849 23 service for up to 10 years of his or her service as a policeman
850850 24 under Article 3, by filing a written election with the Board,
851851 25 accompanied by payment of an amount to be determined by the
852852 26 Board, equal to (i) the difference between the amount of
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863863 1 employee and employer contributions transferred to the System
864864 2 under Section 3-110.5, and the amounts that would have been
865865 3 contributed had such contributions been made at the rates
866866 4 applicable to security employees of the Department of
867867 5 Corrections, plus (ii) interest thereon at the effective rate
868868 6 for each year, compounded annually, from the date of service
869869 7 to the date of payment.
870870 8 (l-5) Subject to the limitation in subsection (i) of this
871871 9 Section, a State policeman may elect to establish eligible
872872 10 creditable service for up to 5 years of service as a full-time
873873 11 law enforcement officer employed by the federal government or
874874 12 by a state or local government located outside of Illinois for
875875 13 which credit is not held in any other public employee pension
876876 14 fund or retirement system. To obtain this credit, the
877877 15 applicant must file a written application with the Board no
878878 16 later than 3 years after January 1, 2020 (the effective date of
879879 17 Public Act 101-610), accompanied by evidence of eligibility
880880 18 acceptable to the Board and payment of an amount to be
881881 19 determined by the Board, equal to (1) employee contributions
882882 20 for the credit being established, based upon the applicant's
883883 21 salary on the first day as an alternative formula employee
884884 22 after the employment for which credit is being established and
885885 23 the rates then applicable to alternative formula employees,
886886 24 plus (2) an amount determined by the Board to be the employer's
887887 25 normal cost of the benefits accrued for the credit being
888888 26 established, plus (3) regular interest on the amounts in items
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899899 1 (1) and (2) from the first day as an alternative formula
900900 2 employee after the employment for which credit is being
901901 3 established to the date of payment.
902902 4 (m) The amendatory changes to this Section made by Public
903903 5 Act 94-696 apply only to: (1) security employees of the
904904 6 Department of Juvenile Justice employed by the Department of
905905 7 Corrections before June 1, 2006 (the effective date of Public
906906 8 Act 94-696) and transferred to the Department of Juvenile
907907 9 Justice by Public Act 94-696; and (2) persons employed by the
908908 10 Department of Juvenile Justice on or after June 1, 2006 (the
909909 11 effective date of Public Act 94-696) who are required by
910910 12 subsection (b) of Section 3-2.5-15 of the Unified Code of
911911 13 Corrections to have any bachelor's or advanced degree from an
912912 14 accredited college or university or, in the case of persons
913913 15 who provide vocational training, who are required to have
914914 16 adequate knowledge in the skill for which they are providing
915915 17 the vocational training.
916916 18 (n) A person employed in a position under subsection (b)
917917 19 of this Section who has purchased service credit under
918918 20 subsection (j) of Section 14-104 or subsection (b) of Section
919919 21 14-105 in any other capacity under this Article may convert up
920920 22 to 5 years of that service credit into service credit covered
921921 23 under this Section by paying to the Fund an amount equal to (1)
922922 24 the additional employee contribution required under Section
923923 25 14-133, plus (2) the additional employer contribution required
924924 26 under Section 14-131, plus (3) interest on items (1) and (2) at
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935935 1 the actuarially assumed rate from the date of the service to
936936 2 the date of payment.
937937 3 (o) Subject to the limitation in subsection (i), a
938938 4 conservation police officer, investigator for the Secretary of
939939 5 State, Commerce Commission police officer, investigator for
940940 6 the Department of Revenue or the Illinois Gaming Board, or
941941 7 arson investigator subject to subsection (g) of Section 1-160
942942 8 may elect to convert up to 8 years of service credit
943943 9 established before January 1, 2020 (the effective date of
944944 10 Public Act 101-610) as a conservation police officer,
945945 11 investigator for the Secretary of State, Commerce Commission
946946 12 police officer, investigator for the Department of Revenue or
947947 13 the Illinois Gaming Board, or arson investigator under this
948948 14 Article into eligible creditable service by filing a written
949949 15 election with the Board no later than one year after January 1,
950950 16 2020 (the effective date of Public Act 101-610), accompanied
951951 17 by payment of an amount to be determined by the Board equal to
952952 18 (i) the difference between the amount of the employee
953953 19 contributions actually paid for that service and the amount of
954954 20 the employee contributions that would have been paid had the
955955 21 employee contributions been made as a noncovered employee
956956 22 serving in a position in which eligible creditable service, as
957957 23 defined in this Section, may be earned, plus (ii) interest
958958 24 thereon at the effective rate for each year, compounded
959959 25 annually, from the date of service to the date of payment.
960960 26 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
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971971 1 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
972972 2 (Text of Section from P.A. 102-856)
973973 3 Sec. 14-110. Alternative retirement annuity.
974974 4 (a) Any member who has withdrawn from service with not
975975 5 less than 20 years of eligible creditable service and has
976976 6 attained age 55, and any member who has withdrawn from service
977977 7 with not less than 25 years of eligible creditable service and
978978 8 has attained age 50, regardless of whether the attainment of
979979 9 either of the specified ages occurs while the member is still
980980 10 in service, shall be entitled to receive at the option of the
981981 11 member, in lieu of the regular or minimum retirement annuity,
982982 12 a retirement annuity computed as follows:
983983 13 (i) for periods of service as a noncovered employee:
984984 14 if retirement occurs on or after January 1, 2001, 3% of
985985 15 final average compensation for each year of creditable
986986 16 service; if retirement occurs before January 1, 2001, 2
987987 17 1/4% of final average compensation for each of the first
988988 18 10 years of creditable service, 2 1/2% for each year above
989989 19 10 years to and including 20 years of creditable service,
990990 20 and 2 3/4% for each year of creditable service above 20
991991 21 years; and
992992 22 (ii) for periods of eligible creditable service as a
993993 23 covered employee: if retirement occurs on or after January
994994 24 1, 2001, 2.5% of final average compensation for each year
995995 25 of creditable service; if retirement occurs before January
996996
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10061006 1 1, 2001, 1.67% of final average compensation for each of
10071007 2 the first 10 years of such service, 1.90% for each of the
10081008 3 next 10 years of such service, 2.10% for each year of such
10091009 4 service in excess of 20 but not exceeding 30, and 2.30% for
10101010 5 each year in excess of 30.
10111011 6 Such annuity shall be subject to a maximum of 75% of final
10121012 7 average compensation if retirement occurs before January 1,
10131013 8 2001 or to a maximum of 80% of final average compensation if
10141014 9 retirement occurs on or after January 1, 2001.
10151015 10 These rates shall not be applicable to any service
10161016 11 performed by a member as a covered employee which is not
10171017 12 eligible creditable service. Service as a covered employee
10181018 13 which is not eligible creditable service shall be subject to
10191019 14 the rates and provisions of Section 14-108.
10201020 15 (a-5) A member who is eligible to receive an alternative
10211021 16 retirement annuity under this Section may elect to receive an
10221022 17 estimated payment that shall commence no later than 30 days
10231023 18 after the later of either the member's last day of employment
10241024 19 or 30 days after the member files for the retirement benefit
10251025 20 with the System. The estimated payment shall be the best
10261026 21 estimate by the System of the total monthly amount due to the
10271027 22 member based on the information that the System possesses at
10281028 23 the time of the estimate. If the amount of the estimate is
10291029 24 greater or less than the actual amount of the monthly annuity,
10301030 25 the System shall pay or recover the difference within 6 months
10311031 26 after the start of the monthly annuity.
10321032
10331033
10341034
10351035
10361036
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10411041 HB3263 - 29 - LRB103 28890 RPS 55276 b
10421042 1 (b) For the purpose of this Section, "eligible creditable
10431043 2 service" means creditable service resulting from service in
10441044 3 one or more of the following positions:
10451045 4 (1) State policeman;
10461046 5 (2) fire fighter in the fire protection service of a
10471047 6 department;
10481048 7 (3) air pilot;
10491049 8 (4) special agent;
10501050 9 (5) investigator for the Secretary of State;
10511051 10 (6) conservation police officer;
10521052 11 (7) investigator for the Department of Revenue or the
10531053 12 Illinois Gaming Board;
10541054 13 (8) security employee of the Department of Human
10551055 14 Services;
10561056 15 (9) Central Management Services security police
10571057 16 officer;
10581058 17 (10) security employee of the Department of
10591059 18 Corrections or the Department of Juvenile Justice;
10601060 19 (11) dangerous drugs investigator;
10611061 20 (12) investigator for the Illinois State Police;
10621062 21 (13) investigator for the Office of the Attorney
10631063 22 General;
10641064 23 (14) controlled substance inspector;
10651065 24 (15) investigator for the Office of the State's
10661066 25 Attorneys Appellate Prosecutor;
10671067 26 (16) Commerce Commission police officer;
10681068
10691069
10701070
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10771077 HB3263 - 30 - LRB103 28890 RPS 55276 b
10781078 1 (17) arson investigator;
10791079 2 (18) State highway maintenance worker;
10801080 3 (19) security employee of the Department of Innovation
10811081 4 and Technology; or
10821082 5 (20) transferred employee.
10831083 6 A person employed in one of the positions specified in
10841084 7 this subsection is entitled to eligible creditable service for
10851085 8 service credit earned under this Article while undergoing the
10861086 9 basic police training course approved by the Illinois Law
10871087 10 Enforcement Training Standards Board, if completion of that
10881088 11 training is required of persons serving in that position. For
10891089 12 the purposes of this Code, service during the required basic
10901090 13 police training course shall be deemed performance of the
10911091 14 duties of the specified position, even though the person is
10921092 15 not a sworn peace officer at the time of the training.
10931093 16 A person under paragraph (20) is entitled to eligible
10941094 17 creditable service for service credit earned under this
10951095 18 Article on and after his or her transfer by Executive Order No.
10961096 19 2003-10, Executive Order No. 2004-2, or Executive Order No.
10971097 20 2016-1.
10981098 21 (c) For the purposes of this Section:
10991099 22 (1) The term "State policeman" includes any title or
11001100 23 position in the Illinois State Police that is held by an
11011101 24 individual employed under the Illinois State Police Act.
11021102 25 (2) The term "fire fighter in the fire protection
11031103 26 service of a department" includes all officers in such
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11051105
11061106
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11131113 HB3263 - 31 - LRB103 28890 RPS 55276 b
11141114 1 fire protection service including fire chiefs and
11151115 2 assistant fire chiefs.
11161116 3 (3) The term "air pilot" includes any employee whose
11171117 4 official job description on file in the Department of
11181118 5 Central Management Services, or in the department by which
11191119 6 he is employed if that department is not covered by the
11201120 7 Personnel Code, states that his principal duty is the
11211121 8 operation of aircraft, and who possesses a pilot's
11221122 9 license; however, the change in this definition made by
11231123 10 Public Act 83-842 shall not operate to exclude any
11241124 11 noncovered employee who was an "air pilot" for the
11251125 12 purposes of this Section on January 1, 1984.
11261126 13 (4) The term "special agent" means any person who by
11271127 14 reason of employment by the Division of Narcotic Control,
11281128 15 the Bureau of Investigation or, after July 1, 1977, the
11291129 16 Division of Criminal Investigation, the Division of
11301130 17 Internal Investigation, the Division of Operations, the
11311131 18 Division of Patrol Operations, or any other Division or
11321132 19 organizational entity in the Illinois State Police is
11331133 20 vested by law with duties to maintain public order,
11341134 21 investigate violations of the criminal law of this State,
11351135 22 enforce the laws of this State, make arrests and recover
11361136 23 property. The term "special agent" includes any title or
11371137 24 position in the Illinois State Police that is held by an
11381138 25 individual employed under the Illinois State Police Act.
11391139 26 (5) The term "investigator for the Secretary of State"
11401140
11411141
11421142
11431143
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11491149 HB3263 - 32 - LRB103 28890 RPS 55276 b
11501150 1 means any person employed by the Office of the Secretary
11511151 2 of State and vested with such investigative duties as
11521152 3 render him ineligible for coverage under the Social
11531153 4 Security Act by reason of Sections 218(d)(5)(A),
11541154 5 218(d)(8)(D) and 218(l)(1) of that Act.
11551155 6 A person who became employed as an investigator for
11561156 7 the Secretary of State between January 1, 1967 and
11571157 8 December 31, 1975, and who has served as such until
11581158 9 attainment of age 60, either continuously or with a single
11591159 10 break in service of not more than 3 years duration, which
11601160 11 break terminated before January 1, 1976, shall be entitled
11611161 12 to have his retirement annuity calculated in accordance
11621162 13 with subsection (a), notwithstanding that he has less than
11631163 14 20 years of credit for such service.
11641164 15 (6) The term "Conservation Police Officer" means any
11651165 16 person employed by the Division of Law Enforcement of the
11661166 17 Department of Natural Resources and vested with such law
11671167 18 enforcement duties as render him ineligible for coverage
11681168 19 under the Social Security Act by reason of Sections
11691169 20 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
11701170 21 term "Conservation Police Officer" includes the positions
11711171 22 of Chief Conservation Police Administrator and Assistant
11721172 23 Conservation Police Administrator.
11731173 24 (7) The term "investigator for the Department of
11741174 25 Revenue" means any person employed by the Department of
11751175 26 Revenue and vested with such investigative duties as
11761176
11771177
11781178
11791179
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11851185 HB3263 - 33 - LRB103 28890 RPS 55276 b
11861186 1 render him ineligible for coverage under the Social
11871187 2 Security Act by reason of Sections 218(d)(5)(A),
11881188 3 218(d)(8)(D) and 218(l)(1) of that Act.
11891189 4 The term "investigator for the Illinois Gaming Board"
11901190 5 means any person employed as such by the Illinois Gaming
11911191 6 Board and vested with such peace officer duties as render
11921192 7 the person ineligible for coverage under the Social
11931193 8 Security Act by reason of Sections 218(d)(5)(A),
11941194 9 218(d)(8)(D), and 218(l)(1) of that Act.
11951195 10 (8) The term "security employee of the Department of
11961196 11 Human Services" means any person employed by the
11971197 12 Department of Human Services who (i) is employed at the
11981198 13 Chester Mental Health Center and has daily contact with
11991199 14 the residents thereof, (ii) is employed within a security
12001200 15 unit at a facility operated by the Department and has
12011201 16 daily contact with the residents of the security unit,
12021202 17 (iii) is employed at a facility operated by the Department
12031203 18 that includes a security unit and is regularly scheduled
12041204 19 to work at least 50% of his or her working hours within
12051205 20 that security unit, or (iv) is a mental health police
12061206 21 officer. "Mental health police officer" means any person
12071207 22 employed by the Department of Human Services in a position
12081208 23 pertaining to the Department's mental health and
12091209 24 developmental disabilities functions who is vested with
12101210 25 such law enforcement duties as render the person
12111211 26 ineligible for coverage under the Social Security Act by
12121212
12131213
12141214
12151215
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12181218
12191219
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12211221 HB3263 - 34 - LRB103 28890 RPS 55276 b
12221222 1 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
12231223 2 218(l)(1) of that Act. "Security unit" means that portion
12241224 3 of a facility that is devoted to the care, containment,
12251225 4 and treatment of persons committed to the Department of
12261226 5 Human Services as sexually violent persons, persons unfit
12271227 6 to stand trial, or persons not guilty by reason of
12281228 7 insanity. With respect to past employment, references to
12291229 8 the Department of Human Services include its predecessor,
12301230 9 the Department of Mental Health and Developmental
12311231 10 Disabilities.
12321232 11 The changes made to this subdivision (c)(8) by Public
12331233 12 Act 92-14 apply to persons who retire on or after January
12341234 13 1, 2001, notwithstanding Section 1-103.1.
12351235 14 (9) "Central Management Services security police
12361236 15 officer" means any person employed by the Department of
12371237 16 Central Management Services who is vested with such law
12381238 17 enforcement duties as render him ineligible for coverage
12391239 18 under the Social Security Act by reason of Sections
12401240 19 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
12411241 20 (10) For a member who first became an employee under
12421242 21 this Article before July 1, 2005, the term "security
12431243 22 employee of the Department of Corrections or the
12441244 23 Department of Juvenile Justice" means any employee of the
12451245 24 Department of Corrections or the Department of Juvenile
12461246 25 Justice or the former Department of Personnel, and any
12471247 26 member or employee of the Prisoner Review Board, who has
12481248
12491249
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12511251
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12541254
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12571257 HB3263 - 35 - LRB103 28890 RPS 55276 b
12581258 1 daily contact with inmates or youth by working within a
12591259 2 correctional facility or Juvenile facility operated by the
12601260 3 Department of Juvenile Justice or who is a parole officer
12611261 4 or an employee who has direct contact with committed
12621262 5 persons in the performance of his or her job duties. For a
12631263 6 member who first becomes an employee under this Article on
12641264 7 or after July 1, 2005, the term means an employee of the
12651265 8 Department of Corrections or the Department of Juvenile
12661266 9 Justice who is any of the following: (i) officially
12671267 10 headquartered at a correctional facility or Juvenile
12681268 11 facility operated by the Department of Juvenile Justice,
12691269 12 (ii) a parole officer, (iii) a member of the apprehension
12701270 13 unit, (iv) a member of the intelligence unit, (v) a member
12711271 14 of the sort team, or (vi) an investigator.
12721272 15 (11) The term "dangerous drugs investigator" means any
12731273 16 person who is employed as such by the Department of Human
12741274 17 Services.
12751275 18 (12) The term "investigator for the Illinois State
12761276 19 Police" means a person employed by the Illinois State
12771277 20 Police who is vested under Section 4 of the Narcotic
12781278 21 Control Division Abolition Act with such law enforcement
12791279 22 powers as render him ineligible for coverage under the
12801280 23 Social Security Act by reason of Sections 218(d)(5)(A),
12811281 24 218(d)(8)(D) and 218(l)(1) of that Act.
12821282 25 (13) "Investigator for the Office of the Attorney
12831283 26 General" means any person who is employed as such by the
12841284
12851285
12861286
12871287
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12911291
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12931293 HB3263 - 36 - LRB103 28890 RPS 55276 b
12941294 1 Office of the Attorney General and is vested with such
12951295 2 investigative duties as render him ineligible for coverage
12961296 3 under the Social Security Act by reason of Sections
12971297 4 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
12981298 5 the period before January 1, 1989, the term includes all
12991299 6 persons who were employed as investigators by the Office
13001300 7 of the Attorney General, without regard to social security
13011301 8 status.
13021302 9 (14) "Controlled substance inspector" means any person
13031303 10 who is employed as such by the Department of Professional
13041304 11 Regulation and is vested with such law enforcement duties
13051305 12 as render him ineligible for coverage under the Social
13061306 13 Security Act by reason of Sections 218(d)(5)(A),
13071307 14 218(d)(8)(D) and 218(l)(1) of that Act. The term
13081308 15 "controlled substance inspector" includes the Program
13091309 16 Executive of Enforcement and the Assistant Program
13101310 17 Executive of Enforcement.
13111311 18 (15) The term "investigator for the Office of the
13121312 19 State's Attorneys Appellate Prosecutor" means a person
13131313 20 employed in that capacity on a full-time basis under the
13141314 21 authority of Section 7.06 of the State's Attorneys
13151315 22 Appellate Prosecutor's Act.
13161316 23 (16) "Commerce Commission police officer" means any
13171317 24 person employed by the Illinois Commerce Commission who is
13181318 25 vested with such law enforcement duties as render him
13191319 26 ineligible for coverage under the Social Security Act by
13201320
13211321
13221322
13231323
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13261326
13271327
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13291329 HB3263 - 37 - LRB103 28890 RPS 55276 b
13301330 1 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
13311331 2 218(l)(1) of that Act.
13321332 3 (17) "Arson investigator" means any person who is
13331333 4 employed as such by the Office of the State Fire Marshal
13341334 5 and is vested with such law enforcement duties as render
13351335 6 the person ineligible for coverage under the Social
13361336 7 Security Act by reason of Sections 218(d)(5)(A),
13371337 8 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
13381338 9 employed as an arson investigator on January 1, 1995 and
13391339 10 is no longer in service but not yet receiving a retirement
13401340 11 annuity may convert his or her creditable service for
13411341 12 employment as an arson investigator into eligible
13421342 13 creditable service by paying to the System the difference
13431343 14 between the employee contributions actually paid for that
13441344 15 service and the amounts that would have been contributed
13451345 16 if the applicant were contributing at the rate applicable
13461346 17 to persons with the same social security status earning
13471347 18 eligible creditable service on the date of application.
13481348 19 (18) The term "State highway maintenance worker" means
13491349 20 a person who is either of the following:
13501350 21 (i) A person employed on a full-time basis by the
13511351 22 Illinois Department of Transportation in the position
13521352 23 of highway maintainer, highway maintenance lead
13531353 24 worker, highway maintenance lead/lead worker, heavy
13541354 25 construction equipment operator, power shovel
13551355 26 operator, or bridge mechanic; and whose principal
13561356
13571357
13581358
13591359
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13661366 1 responsibility is to perform, on the roadway, the
13671367 2 actual maintenance necessary to keep the highways that
13681368 3 form a part of the State highway system in serviceable
13691369 4 condition for vehicular traffic.
13701370 5 (ii) A person employed on a full-time basis by the
13711371 6 Illinois State Toll Highway Authority in the position
13721372 7 of equipment operator/laborer H-4, equipment
13731373 8 operator/laborer H-6, welder H-4, welder H-6,
13741374 9 mechanical/electrical H-4, mechanical/electrical H-6,
13751375 10 water/sewer H-4, water/sewer H-6, sign maker/hanger
13761376 11 H-4, sign maker/hanger H-6, roadway lighting H-4,
13771377 12 roadway lighting H-6, structural H-4, structural H-6,
13781378 13 painter H-4, or painter H-6; and whose principal
13791379 14 responsibility is to perform, on the roadway, the
13801380 15 actual maintenance necessary to keep the Authority's
13811381 16 tollways in serviceable condition for vehicular
13821382 17 traffic.
13831383 18 (19) The term "security employee of the Department of
13841384 19 Innovation and Technology" means a person who was a
13851385 20 security employee of the Department of Corrections or the
13861386 21 Department of Juvenile Justice, was transferred to the
13871387 22 Department of Innovation and Technology pursuant to
13881388 23 Executive Order 2016-01, and continues to perform similar
13891389 24 job functions under that Department.
13901390 25 (20) "Transferred employee" means an employee who was
13911391 26 transferred to the Department of Central Management
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13931393
13941394
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14021402 1 Services by Executive Order No. 2003-10 or Executive Order
14031403 2 No. 2004-2 or transferred to the Department of Innovation
14041404 3 and Technology by Executive Order No. 2016-1, or both, and
14051405 4 was entitled to eligible creditable service for services
14061406 5 immediately preceding the transfer.
14071407 6 (d) A security employee of the Department of Corrections
14081408 7 or the Department of Juvenile Justice, a security employee of
14091409 8 the Department of Human Services who is not a mental health
14101410 9 police officer, and a security employee of the Department of
14111411 10 Innovation and Technology shall not be eligible for the
14121412 11 alternative retirement annuity provided by this Section unless
14131413 12 he or she meets the following minimum age and service
14141414 13 requirements at the time of retirement:
14151415 14 (i) 25 years of eligible creditable service and age
14161416 15 55; or
14171417 16 (ii) beginning January 1, 1987, 25 years of eligible
14181418 17 creditable service and age 54, or 24 years of eligible
14191419 18 creditable service and age 55; or
14201420 19 (iii) beginning January 1, 1988, 25 years of eligible
14211421 20 creditable service and age 53, or 23 years of eligible
14221422 21 creditable service and age 55; or
14231423 22 (iv) beginning January 1, 1989, 25 years of eligible
14241424 23 creditable service and age 52, or 22 years of eligible
14251425 24 creditable service and age 55; or
14261426 25 (v) beginning January 1, 1990, 25 years of eligible
14271427 26 creditable service and age 51, or 21 years of eligible
14281428
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14381438 1 creditable service and age 55; or
14391439 2 (vi) beginning January 1, 1991, 25 years of eligible
14401440 3 creditable service and age 50, or 20 years of eligible
14411441 4 creditable service and age 55.
14421442 5 Persons who have service credit under Article 16 of this
14431443 6 Code for service as a security employee of the Department of
14441444 7 Corrections or the Department of Juvenile Justice, or the
14451445 8 Department of Human Services in a position requiring
14461446 9 certification as a teacher may count such service toward
14471447 10 establishing their eligibility under the service requirements
14481448 11 of this Section; but such service may be used only for
14491449 12 establishing such eligibility, and not for the purpose of
14501450 13 increasing or calculating any benefit.
14511451 14 (e) If a member enters military service while working in a
14521452 15 position in which eligible creditable service may be earned,
14531453 16 and returns to State service in the same or another such
14541454 17 position, and fulfills in all other respects the conditions
14551455 18 prescribed in this Article for credit for military service,
14561456 19 such military service shall be credited as eligible creditable
14571457 20 service for the purposes of the retirement annuity prescribed
14581458 21 in this Section.
14591459 22 (f) For purposes of calculating retirement annuities under
14601460 23 this Section, periods of service rendered after December 31,
14611461 24 1968 and before October 1, 1975 as a covered employee in the
14621462 25 position of special agent, conservation police officer, mental
14631463 26 health police officer, or investigator for the Secretary of
14641464
14651465
14661466
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14741474 1 State, shall be deemed to have been service as a noncovered
14751475 2 employee, provided that the employee pays to the System prior
14761476 3 to retirement an amount equal to (1) the difference between
14771477 4 the employee contributions that would have been required for
14781478 5 such service as a noncovered employee, and the amount of
14791479 6 employee contributions actually paid, plus (2) if payment is
14801480 7 made after July 31, 1987, regular interest on the amount
14811481 8 specified in item (1) from the date of service to the date of
14821482 9 payment.
14831483 10 For purposes of calculating retirement annuities under
14841484 11 this Section, periods of service rendered after December 31,
14851485 12 1968 and before January 1, 1982 as a covered employee in the
14861486 13 position of investigator for the Department of Revenue shall
14871487 14 be deemed to have been service as a noncovered employee,
14881488 15 provided that the employee pays to the System prior to
14891489 16 retirement an amount equal to (1) the difference between the
14901490 17 employee contributions that would have been required for such
14911491 18 service as a noncovered employee, and the amount of employee
14921492 19 contributions actually paid, plus (2) if payment is made after
14931493 20 January 1, 1990, regular interest on the amount specified in
14941494 21 item (1) from the date of service to the date of payment.
14951495 22 (g) A State policeman may elect, not later than January 1,
14961496 23 1990, to establish eligible creditable service for up to 10
14971497 24 years of his service as a policeman under Article 3, by filing
14981498 25 a written election with the Board, accompanied by payment of
14991499 26 an amount to be determined by the Board, equal to (i) the
15001500
15011501
15021502
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15101510 1 difference between the amount of employee and employer
15111511 2 contributions transferred to the System under Section 3-110.5,
15121512 3 and the amounts that would have been contributed had such
15131513 4 contributions been made at the rates applicable to State
15141514 5 policemen, plus (ii) interest thereon at the effective rate
15151515 6 for each year, compounded annually, from the date of service
15161516 7 to the date of payment.
15171517 8 Subject to the limitation in subsection (i), a State
15181518 9 policeman may elect, not later than July 1, 1993, to establish
15191519 10 eligible creditable service for up to 10 years of his service
15201520 11 as a member of the County Police Department under Article 9, by
15211521 12 filing a written election with the Board, accompanied by
15221522 13 payment of an amount to be determined by the Board, equal to
15231523 14 (i) the difference between the amount of employee and employer
15241524 15 contributions transferred to the System under Section 9-121.10
15251525 16 and the amounts that would have been contributed had those
15261526 17 contributions been made at the rates applicable to State
15271527 18 policemen, plus (ii) interest thereon at the effective rate
15281528 19 for each year, compounded annually, from the date of service
15291529 20 to the date of payment.
15301530 21 (h) Subject to the limitation in subsection (i), a State
15311531 22 policeman or investigator for the Secretary of State may elect
15321532 23 to establish eligible creditable service for up to 12 years of
15331533 24 his service as a policeman under Article 5, by filing a written
15341534 25 election with the Board on or before January 31, 1992, and
15351535 26 paying to the System by January 31, 1994 an amount to be
15361536
15371537
15381538
15391539
15401540
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15421542
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15461546 1 determined by the Board, equal to (i) the difference between
15471547 2 the amount of employee and employer contributions transferred
15481548 3 to the System under Section 5-236, and the amounts that would
15491549 4 have been contributed had such contributions been made at the
15501550 5 rates applicable to State policemen, plus (ii) interest
15511551 6 thereon at the effective rate for each year, compounded
15521552 7 annually, from the date of service to the date of payment.
15531553 8 Subject to the limitation in subsection (i), a State
15541554 9 policeman, conservation police officer, or investigator for
15551555 10 the Secretary of State may elect to establish eligible
15561556 11 creditable service for up to 10 years of service as a sheriff's
15571557 12 law enforcement employee under Article 7, by filing a written
15581558 13 election with the Board on or before January 31, 1993, and
15591559 14 paying to the System by January 31, 1994 an amount to be
15601560 15 determined by the Board, equal to (i) the difference between
15611561 16 the amount of employee and employer contributions transferred
15621562 17 to the System under Section 7-139.7, and the amounts that
15631563 18 would have been contributed had such contributions been made
15641564 19 at the rates applicable to State policemen, plus (ii) interest
15651565 20 thereon at the effective rate for each year, compounded
15661566 21 annually, from the date of service to the date of payment.
15671567 22 Subject to the limitation in subsection (i), a State
15681568 23 policeman, conservation police officer, or investigator for
15691569 24 the Secretary of State may elect to establish eligible
15701570 25 creditable service for up to 5 years of service as a police
15711571 26 officer under Article 3, a policeman under Article 5, a
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15821582 1 sheriff's law enforcement employee under Article 7, a member
15831583 2 of the county police department under Article 9, or a police
15841584 3 officer under Article 15 by filing a written election with the
15851585 4 Board and paying to the System an amount to be determined by
15861586 5 the Board, equal to (i) the difference between the amount of
15871587 6 employee and employer contributions transferred to the System
15881588 7 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
15891589 8 and the amounts that would have been contributed had such
15901590 9 contributions been made at the rates applicable to State
15911591 10 policemen, plus (ii) interest thereon at the effective rate
15921592 11 for each year, compounded annually, from the date of service
15931593 12 to the date of payment.
15941594 13 Subject to the limitation in subsection (i), an
15951595 14 investigator for the Office of the Attorney General, or an
15961596 15 investigator for the Department of Revenue, may elect to
15971597 16 establish eligible creditable service for up to 5 years of
15981598 17 service as a police officer under Article 3, a policeman under
15991599 18 Article 5, a sheriff's law enforcement employee under Article
16001600 19 7, or a member of the county police department under Article 9
16011601 20 by filing a written election with the Board within 6 months
16021602 21 after August 25, 2009 (the effective date of Public Act
16031603 22 96-745) and paying to the System an amount to be determined by
16041604 23 the Board, equal to (i) the difference between the amount of
16051605 24 employee and employer contributions transferred to the System
16061606 25 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
16071607 26 amounts that would have been contributed had such
16081608
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16181618 1 contributions been made at the rates applicable to State
16191619 2 policemen, plus (ii) interest thereon at the actuarially
16201620 3 assumed rate for each year, compounded annually, from the date
16211621 4 of service to the date of payment.
16221622 5 Subject to the limitation in subsection (i), a State
16231623 6 policeman, conservation police officer, investigator for the
16241624 7 Office of the Attorney General, an investigator for the
16251625 8 Department of Revenue, or investigator for the Secretary of
16261626 9 State may elect to establish eligible creditable service for
16271627 10 up to 5 years of service as a person employed by a
16281628 11 participating municipality to perform police duties, or law
16291629 12 enforcement officer employed on a full-time basis by a forest
16301630 13 preserve district under Article 7, a county corrections
16311631 14 officer, or a court services officer under Article 9, by
16321632 15 filing a written election with the Board within 6 months after
16331633 16 August 25, 2009 (the effective date of Public Act 96-745) and
16341634 17 paying to the System an amount to be determined by the Board,
16351635 18 equal to (i) the difference between the amount of employee and
16361636 19 employer contributions transferred to the System under
16371637 20 Sections 7-139.8 and 9-121.10 and the amounts that would have
16381638 21 been contributed had such contributions been made at the rates
16391639 22 applicable to State policemen, plus (ii) interest thereon at
16401640 23 the actuarially assumed rate for each year, compounded
16411641 24 annually, from the date of service to the date of payment.
16421642 25 Subject to the limitation in subsection (i), a State
16431643 26 policeman, arson investigator, or Commerce Commission police
16441644
16451645
16461646
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16541654 1 officer may elect to establish eligible creditable service for
16551655 2 up to 5 years of service as a person employed by a
16561656 3 participating municipality to perform police duties under
16571657 4 Article 7, a county corrections officer, a court services
16581658 5 officer under Article 9, or a firefighter under Article 4 by
16591659 6 filing a written election with the Board within 6 months after
16601660 7 July 30, 2021 (the effective date of Public Act 102-210) and
16611661 8 paying to the System an amount to be determined by the Board
16621662 9 equal to (i) the difference between the amount of employee and
16631663 10 employer contributions transferred to the System under
16641664 11 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
16651665 12 would have been contributed had such contributions been made
16661666 13 at the rates applicable to State policemen, plus (ii) interest
16671667 14 thereon at the actuarially assumed rate for each year,
16681668 15 compounded annually, from the date of service to the date of
16691669 16 payment.
16701670 17 Subject to the limitation in subsection (i), a
16711671 18 conservation police officer may elect to establish eligible
16721672 19 creditable service for up to 5 years of service as a person
16731673 20 employed by a participating municipality to perform police
16741674 21 duties under Article 7, a county corrections officer, or a
16751675 22 court services officer under Article 9 by filing a written
16761676 23 election with the Board within 6 months after July 30, 2021
16771677 24 (the effective date of Public Act 102-210) and paying to the
16781678 25 System an amount to be determined by the Board equal to (i) the
16791679 26 difference between the amount of employee and employer
16801680
16811681
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16861686
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16891689 HB3263 - 47 - LRB103 28890 RPS 55276 b
16901690 1 contributions transferred to the System under Sections 7-139.8
16911691 2 and 9-121.10 and the amounts that would have been contributed
16921692 3 had such contributions been made at the rates applicable to
16931693 4 State policemen, plus (ii) interest thereon at the actuarially
16941694 5 assumed rate for each year, compounded annually, from the date
16951695 6 of service to the date of payment.
16961696 7 Subject to the limitation in subsection (i), an
16971697 8 investigator for the Department of Revenue, investigator for
16981698 9 the Illinois Gaming Board, investigator for the Secretary of
16991699 10 State, or arson investigator may elect to establish eligible
17001700 11 creditable service for up to 5 years of service as a person
17011701 12 employed by a participating municipality to perform police
17021702 13 duties under Article 7, a county corrections officer, a court
17031703 14 services officer under Article 9, or a firefighter under
17041704 15 Article 4 by filing a written election with the Board within 6
17051705 16 months after the effective date of this amendatory Act of the
17061706 17 102nd General Assembly and paying to the System an amount to be
17071707 18 determined by the Board equal to (i) the difference between
17081708 19 the amount of employee and employer contributions transferred
17091709 20 to the System under Sections 4-108.8, 7-139.8, and 9-121.10
17101710 21 and the amounts that would have been contributed had such
17111711 22 contributions been made at the rates applicable to State
17121712 23 policemen, plus (ii) interest thereon at the actuarially
17131713 24 assumed rate for each year, compounded annually, from the date
17141714 25 of service to the date of payment.
17151715 26 Notwithstanding the limitation in subsection (i), a State
17161716
17171717
17181718
17191719
17201720
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17221722
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17251725 HB3263 - 48 - LRB103 28890 RPS 55276 b
17261726 1 policeman or conservation police officer may elect to convert
17271727 2 service credit earned under this Article to eligible
17281728 3 creditable service, as defined by this Section, by filing a
17291729 4 written election with the board within 6 months after July 30,
17301730 5 2021 (the effective date of Public Act 102-210) and paying to
17311731 6 the System an amount to be determined by the Board equal to (i)
17321732 7 the difference between the amount of employee contributions
17331733 8 originally paid for that service and the amounts that would
17341734 9 have been contributed had such contributions been made at the
17351735 10 rates applicable to State policemen, plus (ii) the difference
17361736 11 between the employer's normal cost of the credit prior to the
17371737 12 conversion authorized by Public Act 102-210 and the employer's
17381738 13 normal cost of the credit converted in accordance with Public
17391739 14 Act 102-210, plus (iii) interest thereon at the actuarially
17401740 15 assumed rate for each year, compounded annually, from the date
17411741 16 of service to the date of payment.
17421742 17 Notwithstanding the limitation in subsection (i), an
17431743 18 investigator for the Department of Revenue, investigator for
17441744 19 the Illinois Gaming Board, investigator for the Secretary of
17451745 20 State, or arson investigator may elect to convert service
17461746 21 credit earned under this Article to eligible creditable
17471747 22 service, as defined by this Section, by filing a written
17481748 23 election with the Board within 6 months after the effective
17491749 24 date of this amendatory Act of the 102nd General Assembly and
17501750 25 paying to the System an amount to be determined by the Board
17511751 26 equal to (i) the difference between the amount of employee
17521752
17531753
17541754
17551755
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17581758
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17621762 1 contributions originally paid for that service and the amounts
17631763 2 that would have been contributed had such contributions been
17641764 3 made at the rates applicable to investigators for the
17651765 4 Department of Revenue, investigators for the Illinois Gaming
17661766 5 Board, investigators for the Secretary of State, or arson
17671767 6 investigators, plus (ii) the difference between the employer's
17681768 7 normal cost of the credit prior to the conversion authorized
17691769 8 by this amendatory Act of the 102nd General Assembly and the
17701770 9 employer's normal cost of the credit converted in accordance
17711771 10 with this amendatory Act of the 102nd General Assembly, plus
17721772 11 (iii) interest thereon at the actuarially assumed rate for
17731773 12 each year, compounded annually, from the date of service to
17741774 13 the date of payment.
17751775 14 (i) The total amount of eligible creditable service
17761776 15 established by any person under subsections (g), (h), (j),
17771777 16 (k), (l), (l-5), and (o) of this Section shall not exceed 12
17781778 17 years.
17791779 18 (j) Subject to the limitation in subsection (i), an
17801780 19 investigator for the Office of the State's Attorneys Appellate
17811781 20 Prosecutor or a controlled substance inspector may elect to
17821782 21 establish eligible creditable service for up to 10 years of
17831783 22 his service as a policeman under Article 3 or a sheriff's law
17841784 23 enforcement employee under Article 7, by filing a written
17851785 24 election with the Board, accompanied by payment of an amount
17861786 25 to be determined by the Board, equal to (1) the difference
17871787 26 between the amount of employee and employer contributions
17881788
17891789
17901790
17911791
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17941794
17951795
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17971797 HB3263 - 50 - LRB103 28890 RPS 55276 b
17981798 1 transferred to the System under Section 3-110.6 or 7-139.8,
17991799 2 and the amounts that would have been contributed had such
18001800 3 contributions been made at the rates applicable to State
18011801 4 policemen, plus (2) interest thereon at the effective rate for
18021802 5 each year, compounded annually, from the date of service to
18031803 6 the date of payment.
18041804 7 (k) Subject to the limitation in subsection (i) of this
18051805 8 Section, an alternative formula employee may elect to
18061806 9 establish eligible creditable service for periods spent as a
18071807 10 full-time law enforcement officer or full-time corrections
18081808 11 officer employed by the federal government or by a state or
18091809 12 local government located outside of Illinois, for which credit
18101810 13 is not held in any other public employee pension fund or
18111811 14 retirement system. To obtain this credit, the applicant must
18121812 15 file a written application with the Board by March 31, 1998,
18131813 16 accompanied by evidence of eligibility acceptable to the Board
18141814 17 and payment of an amount to be determined by the Board, equal
18151815 18 to (1) employee contributions for the credit being
18161816 19 established, based upon the applicant's salary on the first
18171817 20 day as an alternative formula employee after the employment
18181818 21 for which credit is being established and the rates then
18191819 22 applicable to alternative formula employees, plus (2) an
18201820 23 amount determined by the Board to be the employer's normal
18211821 24 cost of the benefits accrued for the credit being established,
18221822 25 plus (3) regular interest on the amounts in items (1) and (2)
18231823 26 from the first day as an alternative formula employee after
18241824
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18341834 1 the employment for which credit is being established to the
18351835 2 date of payment.
18361836 3 (l) Subject to the limitation in subsection (i), a
18371837 4 security employee of the Department of Corrections may elect,
18381838 5 not later than July 1, 1998, to establish eligible creditable
18391839 6 service for up to 10 years of his or her service as a policeman
18401840 7 under Article 3, by filing a written election with the Board,
18411841 8 accompanied by payment of an amount to be determined by the
18421842 9 Board, equal to (i) the difference between the amount of
18431843 10 employee and employer contributions transferred to the System
18441844 11 under Section 3-110.5, and the amounts that would have been
18451845 12 contributed had such contributions been made at the rates
18461846 13 applicable to security employees of the Department of
18471847 14 Corrections, plus (ii) interest thereon at the effective rate
18481848 15 for each year, compounded annually, from the date of service
18491849 16 to the date of payment.
18501850 17 (l-5) Subject to the limitation in subsection (i) of this
18511851 18 Section, a State policeman may elect to establish eligible
18521852 19 creditable service for up to 5 years of service as a full-time
18531853 20 law enforcement officer employed by the federal government or
18541854 21 by a state or local government located outside of Illinois for
18551855 22 which credit is not held in any other public employee pension
18561856 23 fund or retirement system. To obtain this credit, the
18571857 24 applicant must file a written application with the Board no
18581858 25 later than 3 years after January 1, 2020 (the effective date of
18591859 26 Public Act 101-610), accompanied by evidence of eligibility
18601860
18611861
18621862
18631863
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18691869 HB3263 - 52 - LRB103 28890 RPS 55276 b
18701870 1 acceptable to the Board and payment of an amount to be
18711871 2 determined by the Board, equal to (1) employee contributions
18721872 3 for the credit being established, based upon the applicant's
18731873 4 salary on the first day as an alternative formula employee
18741874 5 after the employment for which credit is being established and
18751875 6 the rates then applicable to alternative formula employees,
18761876 7 plus (2) an amount determined by the Board to be the employer's
18771877 8 normal cost of the benefits accrued for the credit being
18781878 9 established, plus (3) regular interest on the amounts in items
18791879 10 (1) and (2) from the first day as an alternative formula
18801880 11 employee after the employment for which credit is being
18811881 12 established to the date of payment.
18821882 13 (m) The amendatory changes to this Section made by Public
18831883 14 Act 94-696 apply only to: (1) security employees of the
18841884 15 Department of Juvenile Justice employed by the Department of
18851885 16 Corrections before June 1, 2006 (the effective date of Public
18861886 17 Act 94-696) and transferred to the Department of Juvenile
18871887 18 Justice by Public Act 94-696; and (2) persons employed by the
18881888 19 Department of Juvenile Justice on or after June 1, 2006 (the
18891889 20 effective date of Public Act 94-696) who are required by
18901890 21 subsection (b) of Section 3-2.5-15 of the Unified Code of
18911891 22 Corrections to have any bachelor's or advanced degree from an
18921892 23 accredited college or university or, in the case of persons
18931893 24 who provide vocational training, who are required to have
18941894 25 adequate knowledge in the skill for which they are providing
18951895 26 the vocational training.
18961896
18971897
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18991899
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19051905 HB3263 - 53 - LRB103 28890 RPS 55276 b
19061906 1 (n) A person employed in a position under subsection (b)
19071907 2 of this Section who has purchased service credit under
19081908 3 subsection (j) of Section 14-104 or subsection (b) of Section
19091909 4 14-105 in any other capacity under this Article may convert up
19101910 5 to 5 years of that service credit into service credit covered
19111911 6 under this Section by paying to the Fund an amount equal to (1)
19121912 7 the additional employee contribution required under Section
19131913 8 14-133, plus (2) the additional employer contribution required
19141914 9 under Section 14-131, plus (3) interest on items (1) and (2) at
19151915 10 the actuarially assumed rate from the date of the service to
19161916 11 the date of payment.
19171917 12 (o) Subject to the limitation in subsection (i), a
19181918 13 conservation police officer, investigator for the Secretary of
19191919 14 State, Commerce Commission police officer, investigator for
19201920 15 the Department of Revenue or the Illinois Gaming Board, or
19211921 16 arson investigator subject to subsection (g) of Section 1-160
19221922 17 may elect to convert up to 8 years of service credit
19231923 18 established before January 1, 2020 (the effective date of
19241924 19 Public Act 101-610) as a conservation police officer,
19251925 20 investigator for the Secretary of State, Commerce Commission
19261926 21 police officer, investigator for the Department of Revenue or
19271927 22 the Illinois Gaming Board, or arson investigator under this
19281928 23 Article into eligible creditable service by filing a written
19291929 24 election with the Board no later than one year after January 1,
19301930 25 2020 (the effective date of Public Act 101-610), accompanied
19311931 26 by payment of an amount to be determined by the Board equal to
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19411941 HB3263 - 54 - LRB103 28890 RPS 55276 b
19421942 1 (i) the difference between the amount of the employee
19431943 2 contributions actually paid for that service and the amount of
19441944 3 the employee contributions that would have been paid had the
19451945 4 employee contributions been made as a noncovered employee
19461946 5 serving in a position in which eligible creditable service, as
19471947 6 defined in this Section, may be earned, plus (ii) interest
19481948 7 thereon at the effective rate for each year, compounded
19491949 8 annually, from the date of service to the date of payment.
19501950 9 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
19511951 10 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
19521952 11 (Text of Section from P.A. 102-956)
19531953 12 Sec. 14-110. Alternative retirement annuity.
19541954 13 (a) Any member who has withdrawn from service with not
19551955 14 less than 20 years of eligible creditable service and has
19561956 15 attained age 55, and any member who has withdrawn from service
19571957 16 with not less than 25 years of eligible creditable service and
19581958 17 has attained age 50, regardless of whether the attainment of
19591959 18 either of the specified ages occurs while the member is still
19601960 19 in service, shall be entitled to receive at the option of the
19611961 20 member, in lieu of the regular or minimum retirement annuity,
19621962 21 a retirement annuity computed as follows:
19631963 22 (i) for periods of service as a noncovered employee:
19641964 23 if retirement occurs on or after January 1, 2001, 3% of
19651965 24 final average compensation for each year of creditable
19661966 25 service; if retirement occurs before January 1, 2001, 2
19671967
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19701970
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19731973
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19761976 HB3263 - 55 - LRB103 28890 RPS 55276 b
19771977 1 1/4% of final average compensation for each of the first
19781978 2 10 years of creditable service, 2 1/2% for each year above
19791979 3 10 years to and including 20 years of creditable service,
19801980 4 and 2 3/4% for each year of creditable service above 20
19811981 5 years; and
19821982 6 (ii) for periods of eligible creditable service as a
19831983 7 covered employee: if retirement occurs on or after January
19841984 8 1, 2001, 2.5% of final average compensation for each year
19851985 9 of creditable service; if retirement occurs before January
19861986 10 1, 2001, 1.67% of final average compensation for each of
19871987 11 the first 10 years of such service, 1.90% for each of the
19881988 12 next 10 years of such service, 2.10% for each year of such
19891989 13 service in excess of 20 but not exceeding 30, and 2.30% for
19901990 14 each year in excess of 30.
19911991 15 Such annuity shall be subject to a maximum of 75% of final
19921992 16 average compensation if retirement occurs before January 1,
19931993 17 2001 or to a maximum of 80% of final average compensation if
19941994 18 retirement occurs on or after January 1, 2001.
19951995 19 These rates shall not be applicable to any service
19961996 20 performed by a member as a covered employee which is not
19971997 21 eligible creditable service. Service as a covered employee
19981998 22 which is not eligible creditable service shall be subject to
19991999 23 the rates and provisions of Section 14-108.
20002000 24 (a-5) A member who is eligible to receive an alternative
20012001 25 retirement annuity under this Section may elect to receive an
20022002 26 estimated payment that shall commence no later than 30 days
20032003
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20082008 HB3263 - 55 - LRB103 28890 RPS 55276 b
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20122012 HB3263 - 56 - LRB103 28890 RPS 55276 b
20132013 1 after the later of either the member's last day of employment
20142014 2 or 30 days after the member files for the retirement benefit
20152015 3 with the System. The estimated payment shall be the best
20162016 4 estimate by the System of the total monthly amount due to the
20172017 5 member based on the information that the System possesses at
20182018 6 the time of the estimate. If the amount of the estimate is
20192019 7 greater or less than the actual amount of the monthly annuity,
20202020 8 the System shall pay or recover the difference within 6 months
20212021 9 after the start of the monthly annuity.
20222022 10 (b) For the purpose of this Section, "eligible creditable
20232023 11 service" means creditable service resulting from service in
20242024 12 one or more of the following positions:
20252025 13 (1) State policeman;
20262026 14 (2) fire fighter in the fire protection service of a
20272027 15 department;
20282028 16 (3) air pilot;
20292029 17 (4) special agent;
20302030 18 (5) investigator for the Secretary of State;
20312031 19 (6) conservation police officer;
20322032 20 (7) investigator for the Department of Revenue or the
20332033 21 Illinois Gaming Board;
20342034 22 (8) security employee of the Department of Human
20352035 23 Services;
20362036 24 (9) Central Management Services security police
20372037 25 officer;
20382038 26 (10) security employee of the Department of
20392039
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20492049 1 Corrections or the Department of Juvenile Justice;
20502050 2 (11) dangerous drugs investigator;
20512051 3 (12) investigator for the Illinois State Police;
20522052 4 (13) investigator for the Office of the Attorney
20532053 5 General;
20542054 6 (14) controlled substance inspector;
20552055 7 (15) investigator for the Office of the State's
20562056 8 Attorneys Appellate Prosecutor;
20572057 9 (16) Commerce Commission police officer;
20582058 10 (17) arson investigator;
20592059 11 (18) State highway maintenance worker;
20602060 12 (19) security employee of the Department of Innovation
20612061 13 and Technology; or
20622062 14 (20) transferred employee.
20632063 15 A person employed in one of the positions specified in
20642064 16 this subsection is entitled to eligible creditable service for
20652065 17 service credit earned under this Article while undergoing the
20662066 18 basic police training course approved by the Illinois Law
20672067 19 Enforcement Training Standards Board, if completion of that
20682068 20 training is required of persons serving in that position. For
20692069 21 the purposes of this Code, service during the required basic
20702070 22 police training course shall be deemed performance of the
20712071 23 duties of the specified position, even though the person is
20722072 24 not a sworn peace officer at the time of the training.
20732073 25 A person under paragraph (20) is entitled to eligible
20742074 26 creditable service for service credit earned under this
20752075
20762076
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20852085 1 Article on and after his or her transfer by Executive Order No.
20862086 2 2003-10, Executive Order No. 2004-2, or Executive Order No.
20872087 3 2016-1.
20882088 4 (c) For the purposes of this Section:
20892089 5 (1) The term "State policeman" includes any title or
20902090 6 position in the Illinois State Police that is held by an
20912091 7 individual employed under the Illinois State Police Act.
20922092 8 (2) The term "fire fighter in the fire protection
20932093 9 service of a department" includes all officers in such
20942094 10 fire protection service including fire chiefs and
20952095 11 assistant fire chiefs.
20962096 12 (3) The term "air pilot" includes any employee whose
20972097 13 official job description on file in the Department of
20982098 14 Central Management Services, or in the department by which
20992099 15 he is employed if that department is not covered by the
21002100 16 Personnel Code, states that his principal duty is the
21012101 17 operation of aircraft, and who possesses a pilot's
21022102 18 license; however, the change in this definition made by
21032103 19 Public Act 83-842 shall not operate to exclude any
21042104 20 noncovered employee who was an "air pilot" for the
21052105 21 purposes of this Section on January 1, 1984.
21062106 22 (4) The term "special agent" means any person who by
21072107 23 reason of employment by the Division of Narcotic Control,
21082108 24 the Bureau of Investigation or, after July 1, 1977, the
21092109 25 Division of Criminal Investigation, the Division of
21102110 26 Internal Investigation, the Division of Operations, the
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21212121 1 Division of Patrol Operations, or any other Division or
21222122 2 organizational entity in the Illinois State Police is
21232123 3 vested by law with duties to maintain public order,
21242124 4 investigate violations of the criminal law of this State,
21252125 5 enforce the laws of this State, make arrests and recover
21262126 6 property. The term "special agent" includes any title or
21272127 7 position in the Illinois State Police that is held by an
21282128 8 individual employed under the Illinois State Police Act.
21292129 9 (5) The term "investigator for the Secretary of State"
21302130 10 means any person employed by the Office of the Secretary
21312131 11 of State and vested with such investigative duties as
21322132 12 render him ineligible for coverage under the Social
21332133 13 Security Act by reason of Sections 218(d)(5)(A),
21342134 14 218(d)(8)(D) and 218(l)(1) of that Act.
21352135 15 A person who became employed as an investigator for
21362136 16 the Secretary of State between January 1, 1967 and
21372137 17 December 31, 1975, and who has served as such until
21382138 18 attainment of age 60, either continuously or with a single
21392139 19 break in service of not more than 3 years duration, which
21402140 20 break terminated before January 1, 1976, shall be entitled
21412141 21 to have his retirement annuity calculated in accordance
21422142 22 with subsection (a), notwithstanding that he has less than
21432143 23 20 years of credit for such service.
21442144 24 (6) The term "Conservation Police Officer" means any
21452145 25 person employed by the Division of Law Enforcement of the
21462146 26 Department of Natural Resources and vested with such law
21472147
21482148
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21572157 1 enforcement duties as render him ineligible for coverage
21582158 2 under the Social Security Act by reason of Sections
21592159 3 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
21602160 4 term "Conservation Police Officer" includes the positions
21612161 5 of Chief Conservation Police Administrator and Assistant
21622162 6 Conservation Police Administrator.
21632163 7 (7) The term "investigator for the Department of
21642164 8 Revenue" means any person employed by the Department of
21652165 9 Revenue and vested with such investigative duties as
21662166 10 render him ineligible for coverage under the Social
21672167 11 Security Act by reason of Sections 218(d)(5)(A),
21682168 12 218(d)(8)(D) and 218(l)(1) of that Act.
21692169 13 The term "investigator for the Illinois Gaming Board"
21702170 14 means any person employed as such by the Illinois Gaming
21712171 15 Board and vested with such peace officer duties as render
21722172 16 the person ineligible for coverage under the Social
21732173 17 Security Act by reason of Sections 218(d)(5)(A),
21742174 18 218(d)(8)(D), and 218(l)(1) of that Act.
21752175 19 (8) The term "security employee of the Department of
21762176 20 Human Services" means any person employed by the
21772177 21 Department of Human Services who (i) is employed at the
21782178 22 Chester Mental Health Center and has daily contact with
21792179 23 the residents thereof, (ii) is employed within a security
21802180 24 unit at a facility operated by the Department and has
21812181 25 daily contact with the residents of the security unit,
21822182 26 (iii) is employed at a facility operated by the Department
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21932193 1 that includes a security unit and is regularly scheduled
21942194 2 to work at least 50% of his or her working hours within
21952195 3 that security unit, or (iv) is a mental health police
21962196 4 officer. "Mental health police officer" means any person
21972197 5 employed by the Department of Human Services in a position
21982198 6 pertaining to the Department's mental health and
21992199 7 developmental disabilities functions who is vested with
22002200 8 such law enforcement duties as render the person
22012201 9 ineligible for coverage under the Social Security Act by
22022202 10 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
22032203 11 218(l)(1) of that Act. "Security unit" means that portion
22042204 12 of a facility that is devoted to the care, containment,
22052205 13 and treatment of persons committed to the Department of
22062206 14 Human Services as sexually violent persons, persons unfit
22072207 15 to stand trial, or persons not guilty by reason of
22082208 16 insanity. With respect to past employment, references to
22092209 17 the Department of Human Services include its predecessor,
22102210 18 the Department of Mental Health and Developmental
22112211 19 Disabilities.
22122212 20 The changes made to this subdivision (c)(8) by Public
22132213 21 Act 92-14 apply to persons who retire on or after January
22142214 22 1, 2001, notwithstanding Section 1-103.1.
22152215 23 (9) "Central Management Services security police
22162216 24 officer" means any person employed by the Department of
22172217 25 Central Management Services who is vested with such law
22182218 26 enforcement duties as render him ineligible for coverage
22192219
22202220
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22292229 1 under the Social Security Act by reason of Sections
22302230 2 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
22312231 3 (10) For a member who first became an employee under
22322232 4 this Article before July 1, 2005, the term "security
22332233 5 employee of the Department of Corrections or the
22342234 6 Department of Juvenile Justice" means any employee of the
22352235 7 Department of Corrections or the Department of Juvenile
22362236 8 Justice or the former Department of Personnel, and any
22372237 9 member or employee of the Prisoner Review Board, who has
22382238 10 daily contact with inmates or youth by working within a
22392239 11 correctional facility or Juvenile facility operated by the
22402240 12 Department of Juvenile Justice or who is a parole officer
22412241 13 or an employee who has direct contact with committed
22422242 14 persons in the performance of his or her job duties. For a
22432243 15 member who first becomes an employee under this Article on
22442244 16 or after July 1, 2005, the term means an employee of the
22452245 17 Department of Corrections or the Department of Juvenile
22462246 18 Justice who is any of the following: (i) officially
22472247 19 headquartered at a correctional facility or Juvenile
22482248 20 facility operated by the Department of Juvenile Justice,
22492249 21 (ii) a parole officer, (iii) a member of the apprehension
22502250 22 unit, (iv) a member of the intelligence unit, (v) a member
22512251 23 of the sort team, or (vi) an investigator.
22522252 24 (11) The term "dangerous drugs investigator" means any
22532253 25 person who is employed as such by the Department of Human
22542254 26 Services.
22552255
22562256
22572257
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22642264 HB3263 - 63 - LRB103 28890 RPS 55276 b
22652265 1 (12) The term "investigator for the Illinois State
22662266 2 Police" means a person employed by the Illinois State
22672267 3 Police who is vested under Section 4 of the Narcotic
22682268 4 Control Division Abolition Act with such law enforcement
22692269 5 powers as render him ineligible for coverage under the
22702270 6 Social Security Act by reason of Sections 218(d)(5)(A),
22712271 7 218(d)(8)(D) and 218(l)(1) of that Act.
22722272 8 (13) "Investigator for the Office of the Attorney
22732273 9 General" means any person who is employed as such by the
22742274 10 Office of the Attorney General and is vested with such
22752275 11 investigative duties as render him ineligible for coverage
22762276 12 under the Social Security Act by reason of Sections
22772277 13 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
22782278 14 the period before January 1, 1989, the term includes all
22792279 15 persons who were employed as investigators by the Office
22802280 16 of the Attorney General, without regard to social security
22812281 17 status.
22822282 18 (14) "Controlled substance inspector" means any person
22832283 19 who is employed as such by the Department of Professional
22842284 20 Regulation and is vested with such law enforcement duties
22852285 21 as render him ineligible for coverage under the Social
22862286 22 Security Act by reason of Sections 218(d)(5)(A),
22872287 23 218(d)(8)(D) and 218(l)(1) of that Act. The term
22882288 24 "controlled substance inspector" includes the Program
22892289 25 Executive of Enforcement and the Assistant Program
22902290 26 Executive of Enforcement.
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22922292
22932293
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22972297
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23002300 HB3263 - 64 - LRB103 28890 RPS 55276 b
23012301 1 (15) The term "investigator for the Office of the
23022302 2 State's Attorneys Appellate Prosecutor" means a person
23032303 3 employed in that capacity on a full-time basis under the
23042304 4 authority of Section 7.06 of the State's Attorneys
23052305 5 Appellate Prosecutor's Act.
23062306 6 (16) "Commerce Commission police officer" means any
23072307 7 person employed by the Illinois Commerce Commission who is
23082308 8 vested with such law enforcement duties as render him
23092309 9 ineligible for coverage under the Social Security Act by
23102310 10 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
23112311 11 218(l)(1) of that Act.
23122312 12 (17) "Arson investigator" means any person who is
23132313 13 employed as such by the Office of the State Fire Marshal
23142314 14 and is vested with such law enforcement duties as render
23152315 15 the person ineligible for coverage under the Social
23162316 16 Security Act by reason of Sections 218(d)(5)(A),
23172317 17 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
23182318 18 employed as an arson investigator on January 1, 1995 and
23192319 19 is no longer in service but not yet receiving a retirement
23202320 20 annuity may convert his or her creditable service for
23212321 21 employment as an arson investigator into eligible
23222322 22 creditable service by paying to the System the difference
23232323 23 between the employee contributions actually paid for that
23242324 24 service and the amounts that would have been contributed
23252325 25 if the applicant were contributing at the rate applicable
23262326 26 to persons with the same social security status earning
23272327
23282328
23292329
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23362336 HB3263 - 65 - LRB103 28890 RPS 55276 b
23372337 1 eligible creditable service on the date of application.
23382338 2 (18) The term "State highway maintenance worker" means
23392339 3 a person who is either of the following:
23402340 4 (i) A person employed on a full-time basis by the
23412341 5 Illinois Department of Transportation in the position
23422342 6 of highway maintainer, highway maintenance lead
23432343 7 worker, highway maintenance lead/lead worker, heavy
23442344 8 construction equipment operator, power shovel
23452345 9 operator, or bridge mechanic; and whose principal
23462346 10 responsibility is to perform, on the roadway, the
23472347 11 actual maintenance necessary to keep the highways that
23482348 12 form a part of the State highway system in serviceable
23492349 13 condition for vehicular traffic.
23502350 14 (ii) A person employed on a full-time basis by the
23512351 15 Illinois State Toll Highway Authority in the position
23522352 16 of equipment operator/laborer H-4, equipment
23532353 17 operator/laborer H-6, welder H-4, welder H-6,
23542354 18 mechanical/electrical H-4, mechanical/electrical H-6,
23552355 19 water/sewer H-4, water/sewer H-6, sign maker/hanger
23562356 20 H-4, sign maker/hanger H-6, roadway lighting H-4,
23572357 21 roadway lighting H-6, structural H-4, structural H-6,
23582358 22 painter H-4, or painter H-6; and whose principal
23592359 23 responsibility is to perform, on the roadway, the
23602360 24 actual maintenance necessary to keep the Authority's
23612361 25 tollways in serviceable condition for vehicular
23622362 26 traffic.
23632363
23642364
23652365
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23732373 1 (19) The term "security employee of the Department of
23742374 2 Innovation and Technology" means a person who was a
23752375 3 security employee of the Department of Corrections or the
23762376 4 Department of Juvenile Justice, was transferred to the
23772377 5 Department of Innovation and Technology pursuant to
23782378 6 Executive Order 2016-01, and continues to perform similar
23792379 7 job functions under that Department.
23802380 8 (20) "Transferred employee" means an employee who was
23812381 9 transferred to the Department of Central Management
23822382 10 Services by Executive Order No. 2003-10 or Executive Order
23832383 11 No. 2004-2 or transferred to the Department of Innovation
23842384 12 and Technology by Executive Order No. 2016-1, or both, and
23852385 13 was entitled to eligible creditable service for services
23862386 14 immediately preceding the transfer.
23872387 15 (d) A security employee of the Department of Corrections
23882388 16 or the Department of Juvenile Justice, a security employee of
23892389 17 the Department of Human Services who is not a mental health
23902390 18 police officer, and a security employee of the Department of
23912391 19 Innovation and Technology shall not be eligible for the
23922392 20 alternative retirement annuity provided by this Section unless
23932393 21 he or she meets the following minimum age and service
23942394 22 requirements at the time of retirement:
23952395 23 (i) 25 years of eligible creditable service and age
23962396 24 55; or
23972397 25 (ii) beginning January 1, 1987, 25 years of eligible
23982398 26 creditable service and age 54, or 24 years of eligible
23992399
24002400
24012401
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24092409 1 creditable service and age 55; or
24102410 2 (iii) beginning January 1, 1988, 25 years of eligible
24112411 3 creditable service and age 53, or 23 years of eligible
24122412 4 creditable service and age 55; or
24132413 5 (iv) beginning January 1, 1989, 25 years of eligible
24142414 6 creditable service and age 52, or 22 years of eligible
24152415 7 creditable service and age 55; or
24162416 8 (v) beginning January 1, 1990, 25 years of eligible
24172417 9 creditable service and age 51, or 21 years of eligible
24182418 10 creditable service and age 55; or
24192419 11 (vi) beginning January 1, 1991, 25 years of eligible
24202420 12 creditable service and age 50, or 20 years of eligible
24212421 13 creditable service and age 55.
24222422 14 Persons who have service credit under Article 16 of this
24232423 15 Code for service as a security employee of the Department of
24242424 16 Corrections or the Department of Juvenile Justice, or the
24252425 17 Department of Human Services in a position requiring
24262426 18 certification as a teacher may count such service toward
24272427 19 establishing their eligibility under the service requirements
24282428 20 of this Section; but such service may be used only for
24292429 21 establishing such eligibility, and not for the purpose of
24302430 22 increasing or calculating any benefit.
24312431 23 (e) If a member enters military service while working in a
24322432 24 position in which eligible creditable service may be earned,
24332433 25 and returns to State service in the same or another such
24342434 26 position, and fulfills in all other respects the conditions
24352435
24362436
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24452445 1 prescribed in this Article for credit for military service,
24462446 2 such military service shall be credited as eligible creditable
24472447 3 service for the purposes of the retirement annuity prescribed
24482448 4 in this Section.
24492449 5 (f) For purposes of calculating retirement annuities under
24502450 6 this Section, periods of service rendered after December 31,
24512451 7 1968 and before October 1, 1975 as a covered employee in the
24522452 8 position of special agent, conservation police officer, mental
24532453 9 health police officer, or investigator for the Secretary of
24542454 10 State, shall be deemed to have been service as a noncovered
24552455 11 employee, provided that the employee pays to the System prior
24562456 12 to retirement an amount equal to (1) the difference between
24572457 13 the employee contributions that would have been required for
24582458 14 such service as a noncovered employee, and the amount of
24592459 15 employee contributions actually paid, plus (2) if payment is
24602460 16 made after July 31, 1987, regular interest on the amount
24612461 17 specified in item (1) from the date of service to the date of
24622462 18 payment.
24632463 19 For purposes of calculating retirement annuities under
24642464 20 this Section, periods of service rendered after December 31,
24652465 21 1968 and before January 1, 1982 as a covered employee in the
24662466 22 position of investigator for the Department of Revenue shall
24672467 23 be deemed to have been service as a noncovered employee,
24682468 24 provided that the employee pays to the System prior to
24692469 25 retirement an amount equal to (1) the difference between the
24702470 26 employee contributions that would have been required for such
24712471
24722472
24732473
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24812481 1 service as a noncovered employee, and the amount of employee
24822482 2 contributions actually paid, plus (2) if payment is made after
24832483 3 January 1, 1990, regular interest on the amount specified in
24842484 4 item (1) from the date of service to the date of payment.
24852485 5 (g) A State policeman may elect, not later than January 1,
24862486 6 1990, to establish eligible creditable service for up to 10
24872487 7 years of his service as a policeman under Article 3, by filing
24882488 8 a written election with the Board, accompanied by payment of
24892489 9 an amount to be determined by the Board, equal to (i) the
24902490 10 difference between the amount of employee and employer
24912491 11 contributions transferred to the System under Section 3-110.5,
24922492 12 and the amounts that would have been contributed had such
24932493 13 contributions been made at the rates applicable to State
24942494 14 policemen, plus (ii) interest thereon at the effective rate
24952495 15 for each year, compounded annually, from the date of service
24962496 16 to the date of payment.
24972497 17 Subject to the limitation in subsection (i), a State
24982498 18 policeman may elect, not later than July 1, 1993, to establish
24992499 19 eligible creditable service for up to 10 years of his service
25002500 20 as a member of the County Police Department under Article 9, by
25012501 21 filing a written election with the Board, accompanied by
25022502 22 payment of an amount to be determined by the Board, equal to
25032503 23 (i) the difference between the amount of employee and employer
25042504 24 contributions transferred to the System under Section 9-121.10
25052505 25 and the amounts that would have been contributed had those
25062506 26 contributions been made at the rates applicable to State
25072507
25082508
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25172517 1 policemen, plus (ii) interest thereon at the effective rate
25182518 2 for each year, compounded annually, from the date of service
25192519 3 to the date of payment.
25202520 4 (h) Subject to the limitation in subsection (i), a State
25212521 5 policeman or investigator for the Secretary of State may elect
25222522 6 to establish eligible creditable service for up to 12 years of
25232523 7 his service as a policeman under Article 5, by filing a written
25242524 8 election with the Board on or before January 31, 1992, and
25252525 9 paying to the System by January 31, 1994 an amount to be
25262526 10 determined by the Board, equal to (i) the difference between
25272527 11 the amount of employee and employer contributions transferred
25282528 12 to the System under Section 5-236, and the amounts that would
25292529 13 have been contributed had such contributions been made at the
25302530 14 rates applicable to State policemen, plus (ii) interest
25312531 15 thereon at the effective rate for each year, compounded
25322532 16 annually, from the date of service to the date of payment.
25332533 17 Subject to the limitation in subsection (i), a State
25342534 18 policeman, conservation police officer, or investigator for
25352535 19 the Secretary of State may elect to establish eligible
25362536 20 creditable service for up to 10 years of service as a sheriff's
25372537 21 law enforcement employee under Article 7, by filing a written
25382538 22 election with the Board on or before January 31, 1993, and
25392539 23 paying to the System by January 31, 1994 an amount to be
25402540 24 determined by the Board, equal to (i) the difference between
25412541 25 the amount of employee and employer contributions transferred
25422542 26 to the System under Section 7-139.7, and the amounts that
25432543
25442544
25452545
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25532553 1 would have been contributed had such contributions been made
25542554 2 at the rates applicable to State policemen, plus (ii) interest
25552555 3 thereon at the effective rate for each year, compounded
25562556 4 annually, from the date of service to the date of payment.
25572557 5 Subject to the limitation in subsection (i), a State
25582558 6 policeman, conservation police officer, or investigator for
25592559 7 the Secretary of State may elect to establish eligible
25602560 8 creditable service for up to 5 years of service as a police
25612561 9 officer under Article 3, a policeman under Article 5, a
25622562 10 sheriff's law enforcement employee under Article 7, a member
25632563 11 of the county police department under Article 9, or a police
25642564 12 officer under Article 15 by filing a written election with the
25652565 13 Board and paying to the System an amount to be determined by
25662566 14 the Board, equal to (i) the difference between the amount of
25672567 15 employee and employer contributions transferred to the System
25682568 16 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
25692569 17 and the amounts that would have been contributed had such
25702570 18 contributions been made at the rates applicable to State
25712571 19 policemen, plus (ii) interest thereon at the effective rate
25722572 20 for each year, compounded annually, from the date of service
25732573 21 to the date of payment.
25742574 22 Subject to the limitation in subsection (i), an
25752575 23 investigator for the Office of the Attorney General, or an
25762576 24 investigator for the Department of Revenue, may elect to
25772577 25 establish eligible creditable service for up to 5 years of
25782578 26 service as a police officer under Article 3, a policeman under
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25882588 HB3263 - 72 - LRB103 28890 RPS 55276 b
25892589 1 Article 5, a sheriff's law enforcement employee under Article
25902590 2 7, or a member of the county police department under Article 9
25912591 3 by filing a written election with the Board within 6 months
25922592 4 after August 25, 2009 (the effective date of Public Act
25932593 5 96-745) and paying to the System an amount to be determined by
25942594 6 the Board, equal to (i) the difference between the amount of
25952595 7 employee and employer contributions transferred to the System
25962596 8 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
25972597 9 amounts that would have been contributed had such
25982598 10 contributions been made at the rates applicable to State
25992599 11 policemen, plus (ii) interest thereon at the actuarially
26002600 12 assumed rate for each year, compounded annually, from the date
26012601 13 of service to the date of payment.
26022602 14 Subject to the limitation in subsection (i), a State
26032603 15 policeman, conservation police officer, investigator for the
26042604 16 Office of the Attorney General, an investigator for the
26052605 17 Department of Revenue, or investigator for the Secretary of
26062606 18 State may elect to establish eligible creditable service for
26072607 19 up to 5 years of service as a person employed by a
26082608 20 participating municipality to perform police duties, or law
26092609 21 enforcement officer employed on a full-time basis by a forest
26102610 22 preserve district under Article 7, a county corrections
26112611 23 officer, or a court services officer under Article 9, by
26122612 24 filing a written election with the Board within 6 months after
26132613 25 August 25, 2009 (the effective date of Public Act 96-745) and
26142614 26 paying to the System an amount to be determined by the Board,
26152615
26162616
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26242624 HB3263 - 73 - LRB103 28890 RPS 55276 b
26252625 1 equal to (i) the difference between the amount of employee and
26262626 2 employer contributions transferred to the System under
26272627 3 Sections 7-139.8 and 9-121.10 and the amounts that would have
26282628 4 been contributed had such contributions been made at the rates
26292629 5 applicable to State policemen, plus (ii) interest thereon at
26302630 6 the actuarially assumed rate for each year, compounded
26312631 7 annually, from the date of service to the date of payment.
26322632 8 Subject to the limitation in subsection (i), a State
26332633 9 policeman, arson investigator, or Commerce Commission police
26342634 10 officer may elect to establish eligible creditable service for
26352635 11 up to 5 years of service as a person employed by a
26362636 12 participating municipality to perform police duties under
26372637 13 Article 7, a county corrections officer, a court services
26382638 14 officer under Article 9, or a firefighter under Article 4 by
26392639 15 filing a written election with the Board within 6 months after
26402640 16 July 30, 2021 (the effective date of Public Act 102-210) and
26412641 17 paying to the System an amount to be determined by the Board
26422642 18 equal to (i) the difference between the amount of employee and
26432643 19 employer contributions transferred to the System under
26442644 20 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
26452645 21 would have been contributed had such contributions been made
26462646 22 at the rates applicable to State policemen, plus (ii) interest
26472647 23 thereon at the actuarially assumed rate for each year,
26482648 24 compounded annually, from the date of service to the date of
26492649 25 payment.
26502650 26 Subject to the limitation in subsection (i), a
26512651
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26612661 1 conservation police officer may elect to establish eligible
26622662 2 creditable service for up to 5 years of service as a person
26632663 3 employed by a participating municipality to perform police
26642664 4 duties under Article 7, a county corrections officer, or a
26652665 5 court services officer under Article 9 by filing a written
26662666 6 election with the Board within 6 months after July 30, 2021
26672667 7 (the effective date of Public Act 102-210) and paying to the
26682668 8 System an amount to be determined by the Board equal to (i) the
26692669 9 difference between the amount of employee and employer
26702670 10 contributions transferred to the System under Sections 7-139.8
26712671 11 and 9-121.10 and the amounts that would have been contributed
26722672 12 had such contributions been made at the rates applicable to
26732673 13 State policemen, plus (ii) interest thereon at the actuarially
26742674 14 assumed rate for each year, compounded annually, from the date
26752675 15 of service to the date of payment.
26762676 16 Notwithstanding the limitation in subsection (i), a State
26772677 17 policeman or conservation police officer may elect to convert
26782678 18 service credit earned under this Article to eligible
26792679 19 creditable service, as defined by this Section, by filing a
26802680 20 written election with the board within 6 months after July 30,
26812681 21 2021 (the effective date of Public Act 102-210) and paying to
26822682 22 the System an amount to be determined by the Board equal to (i)
26832683 23 the difference between the amount of employee contributions
26842684 24 originally paid for that service and the amounts that would
26852685 25 have been contributed had such contributions been made at the
26862686 26 rates applicable to State policemen, plus (ii) the difference
26872687
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26902690
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26932693
26942694
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26962696 HB3263 - 75 - LRB103 28890 RPS 55276 b
26972697 1 between the employer's normal cost of the credit prior to the
26982698 2 conversion authorized by Public Act 102-210 and the employer's
26992699 3 normal cost of the credit converted in accordance with Public
27002700 4 Act 102-210, plus (iii) interest thereon at the actuarially
27012701 5 assumed rate for each year, compounded annually, from the date
27022702 6 of service to the date of payment.
27032703 7 (i) The total amount of eligible creditable service
27042704 8 established by any person under subsections (g), (h), (j),
27052705 9 (k), (l), (l-5), (o), and (p) of this Section shall not exceed
27062706 10 12 years.
27072707 11 (j) Subject to the limitation in subsection (i), an
27082708 12 investigator for the Office of the State's Attorneys Appellate
27092709 13 Prosecutor or a controlled substance inspector may elect to
27102710 14 establish eligible creditable service for up to 10 years of
27112711 15 his service as a policeman under Article 3 or a sheriff's law
27122712 16 enforcement employee under Article 7, by filing a written
27132713 17 election with the Board, accompanied by payment of an amount
27142714 18 to be determined by the Board, equal to (1) the difference
27152715 19 between the amount of employee and employer contributions
27162716 20 transferred to the System under Section 3-110.6 or 7-139.8,
27172717 21 and the amounts that would have been contributed had such
27182718 22 contributions been made at the rates applicable to State
27192719 23 policemen, plus (2) interest thereon at the effective rate for
27202720 24 each year, compounded annually, from the date of service to
27212721 25 the date of payment.
27222722 26 (k) Subject to the limitation in subsection (i) of this
27232723
27242724
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27322732 HB3263 - 76 - LRB103 28890 RPS 55276 b
27332733 1 Section, an alternative formula employee may elect to
27342734 2 establish eligible creditable service for periods spent as a
27352735 3 full-time law enforcement officer or full-time corrections
27362736 4 officer employed by the federal government or by a state or
27372737 5 local government located outside of Illinois, for which credit
27382738 6 is not held in any other public employee pension fund or
27392739 7 retirement system. To obtain this credit, the applicant must
27402740 8 file a written application with the Board by March 31, 1998,
27412741 9 accompanied by evidence of eligibility acceptable to the Board
27422742 10 and payment of an amount to be determined by the Board, equal
27432743 11 to (1) employee contributions for the credit being
27442744 12 established, based upon the applicant's salary on the first
27452745 13 day as an alternative formula employee after the employment
27462746 14 for which credit is being established and the rates then
27472747 15 applicable to alternative formula employees, plus (2) an
27482748 16 amount determined by the Board to be the employer's normal
27492749 17 cost of the benefits accrued for the credit being established,
27502750 18 plus (3) regular interest on the amounts in items (1) and (2)
27512751 19 from the first day as an alternative formula employee after
27522752 20 the employment for which credit is being established to the
27532753 21 date of payment.
27542754 22 (l) Subject to the limitation in subsection (i), a
27552755 23 security employee of the Department of Corrections may elect,
27562756 24 not later than July 1, 1998, to establish eligible creditable
27572757 25 service for up to 10 years of his or her service as a policeman
27582758 26 under Article 3, by filing a written election with the Board,
27592759
27602760
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27652765
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27682768 HB3263 - 77 - LRB103 28890 RPS 55276 b
27692769 1 accompanied by payment of an amount to be determined by the
27702770 2 Board, equal to (i) the difference between the amount of
27712771 3 employee and employer contributions transferred to the System
27722772 4 under Section 3-110.5, and the amounts that would have been
27732773 5 contributed had such contributions been made at the rates
27742774 6 applicable to security employees of the Department of
27752775 7 Corrections, plus (ii) interest thereon at the effective rate
27762776 8 for each year, compounded annually, from the date of service
27772777 9 to the date of payment.
27782778 10 (l-5) Subject to the limitation in subsection (i) of this
27792779 11 Section, a State policeman may elect to establish eligible
27802780 12 creditable service for up to 5 years of service as a full-time
27812781 13 law enforcement officer employed by the federal government or
27822782 14 by a state or local government located outside of Illinois for
27832783 15 which credit is not held in any other public employee pension
27842784 16 fund or retirement system. To obtain this credit, the
27852785 17 applicant must file a written application with the Board no
27862786 18 later than 3 years after January 1, 2020 (the effective date of
27872787 19 Public Act 101-610), accompanied by evidence of eligibility
27882788 20 acceptable to the Board and payment of an amount to be
27892789 21 determined by the Board, equal to (1) employee contributions
27902790 22 for the credit being established, based upon the applicant's
27912791 23 salary on the first day as an alternative formula employee
27922792 24 after the employment for which credit is being established and
27932793 25 the rates then applicable to alternative formula employees,
27942794 26 plus (2) an amount determined by the Board to be the employer's
27952795
27962796
27972797
27982798
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28012801
28022802
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28042804 HB3263 - 78 - LRB103 28890 RPS 55276 b
28052805 1 normal cost of the benefits accrued for the credit being
28062806 2 established, plus (3) regular interest on the amounts in items
28072807 3 (1) and (2) from the first day as an alternative formula
28082808 4 employee after the employment for which credit is being
28092809 5 established to the date of payment.
28102810 6 (m) The amendatory changes to this Section made by Public
28112811 7 Act 94-696 apply only to: (1) security employees of the
28122812 8 Department of Juvenile Justice employed by the Department of
28132813 9 Corrections before June 1, 2006 (the effective date of Public
28142814 10 Act 94-696) and transferred to the Department of Juvenile
28152815 11 Justice by Public Act 94-696; and (2) persons employed by the
28162816 12 Department of Juvenile Justice on or after June 1, 2006 (the
28172817 13 effective date of Public Act 94-696) who are required by
28182818 14 subsection (b) of Section 3-2.5-15 of the Unified Code of
28192819 15 Corrections to have any bachelor's or advanced degree from an
28202820 16 accredited college or university or, in the case of persons
28212821 17 who provide vocational training, who are required to have
28222822 18 adequate knowledge in the skill for which they are providing
28232823 19 the vocational training.
28242824 20 (n) A person employed in a position under subsection (b)
28252825 21 of this Section who has purchased service credit under
28262826 22 subsection (j) of Section 14-104 or subsection (b) of Section
28272827 23 14-105 in any other capacity under this Article may convert up
28282828 24 to 5 years of that service credit into service credit covered
28292829 25 under this Section by paying to the Fund an amount equal to (1)
28302830 26 the additional employee contribution required under Section
28312831
28322832
28332833
28342834
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28372837
28382838
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28402840 HB3263 - 79 - LRB103 28890 RPS 55276 b
28412841 1 14-133, plus (2) the additional employer contribution required
28422842 2 under Section 14-131, plus (3) interest on items (1) and (2) at
28432843 3 the actuarially assumed rate from the date of the service to
28442844 4 the date of payment.
28452845 5 (o) Subject to the limitation in subsection (i), a
28462846 6 conservation police officer, investigator for the Secretary of
28472847 7 State, Commerce Commission police officer, investigator for
28482848 8 the Department of Revenue or the Illinois Gaming Board, or
28492849 9 arson investigator subject to subsection (g) of Section 1-160
28502850 10 may elect to convert up to 8 years of service credit
28512851 11 established before January 1, 2020 (the effective date of
28522852 12 Public Act 101-610) as a conservation police officer,
28532853 13 investigator for the Secretary of State, Commerce Commission
28542854 14 police officer, investigator for the Department of Revenue or
28552855 15 the Illinois Gaming Board, or arson investigator under this
28562856 16 Article into eligible creditable service by filing a written
28572857 17 election with the Board no later than one year after January 1,
28582858 18 2020 (the effective date of Public Act 101-610), accompanied
28592859 19 by payment of an amount to be determined by the Board equal to
28602860 20 (i) the difference between the amount of the employee
28612861 21 contributions actually paid for that service and the amount of
28622862 22 the employee contributions that would have been paid had the
28632863 23 employee contributions been made as a noncovered employee
28642864 24 serving in a position in which eligible creditable service, as
28652865 25 defined in this Section, may be earned, plus (ii) interest
28662866 26 thereon at the effective rate for each year, compounded
28672867
28682868
28692869
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28732873
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28772877 1 annually, from the date of service to the date of payment.
28782878 2 (p) Subject to the limitation in subsection (i), an
28792879 3 investigator for the Office of the Attorney General subject to
28802880 4 subsection (g) of Section 1-160 may elect to convert up to 8
28812881 5 years of service credit established before the effective date
28822882 6 of this amendatory Act of the 102nd General Assembly as an
28832883 7 investigator for the Office of the Attorney General under this
28842884 8 Article into eligible creditable service by filing a written
28852885 9 election with the Board no later than one year after the
28862886 10 effective date of this amendatory Act of the 102nd General
28872887 11 Assembly, accompanied by payment of an amount to be determined
28882888 12 by the Board equal to (i) the difference between the amount of
28892889 13 the employee contributions actually paid for that service and
28902890 14 the amount of the employee contributions that would have been
28912891 15 paid had the employee contributions been made as a noncovered
28922892 16 employee serving in a position in which eligible creditable
28932893 17 service, as defined in this Section, may be earned, plus (ii)
28942894 18 interest thereon at the effective rate for each year,
28952895 19 compounded annually, from the date of service to the date of
28962896 20 payment.
28972897 21 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
28982898 22 102-538, eff. 8-20-21; 102-956, eff. 5-27-22.)
28992899 23 (40 ILCS 5/14-152.1)
29002900 24 Sec. 14-152.1. Application and expiration of new benefit
29012901 25 increases.
29022902
29032903
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29082908
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29112911 HB3263 - 81 - LRB103 28890 RPS 55276 b
29122912 1 (a) As used in this Section, "new benefit increase" means
29132913 2 an increase in the amount of any benefit provided under this
29142914 3 Article, or an expansion of the conditions of eligibility for
29152915 4 any benefit under this Article, that results from an amendment
29162916 5 to this Code that takes effect after June 1, 2005 (the
29172917 6 effective date of Public Act 94-4). "New benefit increase",
29182918 7 however, does not include any benefit increase resulting from
29192919 8 the changes made to Article 1 or this Article by Public Act
29202920 9 96-37, Public Act 100-23, Public Act 100-587, Public Act
29212921 10 100-611, Public Act 101-10, Public Act 101-610, Public Act
29222922 11 102-210, Public Act 102-856, Public Act 102-956, or this
29232923 12 amendatory Act of the 103rd General Assembly this amendatory
29242924 13 Act of the 102nd General Assembly.
29252925 14 (b) Notwithstanding any other provision of this Code or
29262926 15 any subsequent amendment to this Code, every new benefit
29272927 16 increase is subject to this Section and shall be deemed to be
29282928 17 granted only in conformance with and contingent upon
29292929 18 compliance with the provisions of this Section.
29302930 19 (c) The Public Act enacting a new benefit increase must
29312931 20 identify and provide for payment to the System of additional
29322932 21 funding at least sufficient to fund the resulting annual
29332933 22 increase in cost to the System as it accrues.
29342934 23 Every new benefit increase is contingent upon the General
29352935 24 Assembly providing the additional funding required under this
29362936 25 subsection. The Commission on Government Forecasting and
29372937 26 Accountability shall analyze whether adequate additional
29382938
29392939
29402940
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29442944
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29472947 HB3263 - 82 - LRB103 28890 RPS 55276 b
29482948 1 funding has been provided for the new benefit increase and
29492949 2 shall report its analysis to the Public Pension Division of
29502950 3 the Department of Insurance. A new benefit increase created by
29512951 4 a Public Act that does not include the additional funding
29522952 5 required under this subsection is null and void. If the Public
29532953 6 Pension Division determines that the additional funding
29542954 7 provided for a new benefit increase under this subsection is
29552955 8 or has become inadequate, it may so certify to the Governor and
29562956 9 the State Comptroller and, in the absence of corrective action
29572957 10 by the General Assembly, the new benefit increase shall expire
29582958 11 at the end of the fiscal year in which the certification is
29592959 12 made.
29602960 13 (d) Every new benefit increase shall expire 5 years after
29612961 14 its effective date or on such earlier date as may be specified
29622962 15 in the language enacting the new benefit increase or provided
29632963 16 under subsection (c). This does not prevent the General
29642964 17 Assembly from extending or re-creating a new benefit increase
29652965 18 by law.
29662966 19 (e) Except as otherwise provided in the language creating
29672967 20 the new benefit increase, a new benefit increase that expires
29682968 21 under this Section continues to apply to persons who applied
29692969 22 and qualified for the affected benefit while the new benefit
29702970 23 increase was in effect and to the affected beneficiaries and
29712971 24 alternate payees of such persons, but does not apply to any
29722972 25 other person, including, without limitation, a person who
29732973 26 continues in service after the expiration date and did not
29742974
29752975
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29772977
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29802980
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29832983 HB3263 - 83 - LRB103 28890 RPS 55276 b
29842984 1 apply and qualify for the affected benefit while the new
29852985 2 benefit increase was in effect.
29862986 3 (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
29872987 4 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
29882988 5 1-1-23; 102-956, eff. 5-27-22.)
29892989 6 Section 99. Effective date. This Act takes effect upon
29902990 7 becoming law.
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29922992
29932993
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