Illinois 2023-2024 Regular Session

Illinois House Bill HB3297 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3297 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions is entitled to an annuity calculated under the alternative retirement annuity provisions, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, regardless of whether the attainment of age 55 occurs while the person is still in service. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 9 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services under the State Employee Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective January 1, 2024. LRB103 27602 RPS 53978 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3297 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions is entitled to an annuity calculated under the alternative retirement annuity provisions, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, regardless of whether the attainment of age 55 occurs while the person is still in service. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 9 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services under the State Employee Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective January 1, 2024. LRB103 27602 RPS 53978 b LRB103 27602 RPS 53978 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3297 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
4	4	40 ILCS 5/1-160
5	5	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
6	6	40 ILCS 5/14-152.1
7	7	Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions is entitled to an annuity calculated under the alternative retirement annuity provisions, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, regardless of whether the attainment of age 55 occurs while the person is still in service. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 9 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services under the State Employee Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective January 1, 2024.
8	8	LRB103 27602 RPS 53978 b LRB103 27602 RPS 53978 b
9	9	LRB103 27602 RPS 53978 b
10	10	A BILL FOR
11	11	HB3297LRB103 27602 RPS 53978 b HB3297 LRB103 27602 RPS 53978 b
12	12	HB3297 LRB103 27602 RPS 53978 b
13	13	1 AN ACT concerning public employee benefits.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Illinois Pension Code is amended by
17	17	5 changing Sections 1-160, 14-110, and 14-152.1 as follows:
18	18	6 (40 ILCS 5/1-160)
19	19	7 (Text of Section from P.A. 102-719)
20	20	8 Sec. 1-160. Provisions applicable to new hires.
21	21	9 (a) The provisions of this Section apply to a person who,
22	22	10 on or after January 1, 2011, first becomes a member or a
23	23	11 participant under any reciprocal retirement system or pension
24	24	12 fund established under this Code, other than a retirement
25	25	13 system or pension fund established under Article 2, 3, 4, 5, 6,
26	26	14 7, 15, or 18 of this Code, notwithstanding any other provision
27	27	15 of this Code to the contrary, but do not apply to any
28	28	16 self-managed plan established under this Code or to any
29	29	17 participant of the retirement plan established under Section
30	30	18 22-101; except that this Section applies to a person who
31	31	19 elected to establish alternative credits by electing in
32	32	20 writing after January 1, 2011, but before August 8, 2011,
33	33	21 under Section 7-145.1 of this Code. Notwithstanding anything
34	34	22 to the contrary in this Section, for purposes of this Section,
35	35	23 a person who is a Tier 1 regular employee as defined in Section
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3297 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
40	40	40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
41	41	40 ILCS 5/1-160
42	42	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
43	43	40 ILCS 5/14-152.1
44	44	Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions is entitled to an annuity calculated under the alternative retirement annuity provisions, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, regardless of whether the attainment of age 55 occurs while the person is still in service. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 9 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services under the State Employee Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective January 1, 2024.
45	45	LRB103 27602 RPS 53978 b LRB103 27602 RPS 53978 b
46	46	LRB103 27602 RPS 53978 b
47	47	A BILL FOR
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53	53	40 ILCS 5/1-160
54	54	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
55	55	40 ILCS 5/14-152.1
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74	74	1 7-109.4 of this Code or who participated in a retirement
75	75	2 system under Article 15 prior to January 1, 2011 shall be
76	76	3 deemed a person who first became a member or participant prior
77	77	4 to January 1, 2011 under any retirement system or pension fund
78	78	5 subject to this Section. The changes made to this Section by
79	79	6 Public Act 98-596 are a clarification of existing law and are
80	80	7 intended to be retroactive to January 1, 2011 (the effective
81	81	8 date of Public Act 96-889), notwithstanding the provisions of
82	82	9 Section 1-103.1 of this Code.
83	83	10 This Section does not apply to a person who first becomes a
84	84	11 noncovered employee under Article 14 on or after the
85	85	12 implementation date of the plan created under Section 1-161
86	86	13 for that Article, unless that person elects under subsection
87	87	14 (b) of Section 1-161 to instead receive the benefits provided
88	88	15 under this Section and the applicable provisions of that
89	89	16 Article.
90	90	17 This Section does not apply to a person who first becomes a
91	91	18 member or participant under Article 16 on or after the
92	92	19 implementation date of the plan created under Section 1-161
93	93	20 for that Article, unless that person elects under subsection
94	94	21 (b) of Section 1-161 to instead receive the benefits provided
95	95	22 under this Section and the applicable provisions of that
96	96	23 Article.
97	97	24 This Section does not apply to a person who elects under
98	98	25 subsection (c-5) of Section 1-161 to receive the benefits
99	99	26 under Section 1-161.
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110	110	1 This Section does not apply to a person who first becomes a
111	111	2 member or participant of an affected pension fund on or after 6
112	112	3 months after the resolution or ordinance date, as defined in
113	113	4 Section 1-162, unless that person elects under subsection (c)
114	114	5 of Section 1-162 to receive the benefits provided under this
115	115	6 Section and the applicable provisions of the Article under
116	116	7 which he or she is a member or participant.
117	117	8 (b) "Final average salary" means, except as otherwise
118	118	9 provided in this subsection, the average monthly (or annual)
119	119	10 salary obtained by dividing the total salary or earnings
120	120	11 calculated under the Article applicable to the member or
121	121	12 participant during the 96 consecutive months (or 8 consecutive
122	122	13 years) of service within the last 120 months (or 10 years) of
123	123	14 service in which the total salary or earnings calculated under
124	124	15 the applicable Article was the highest by the number of months
125	125	16 (or years) of service in that period. For the purposes of a
126	126	17 person who first becomes a member or participant of any
127	127	18 retirement system or pension fund to which this Section
128	128	19 applies on or after January 1, 2011, in this Code, "final
129	129	20 average salary" shall be substituted for the following:
130	130	21 (1) (Blank).
131	131	22 (2) In Articles 8, 9, 10, 11, and 12, "highest average
132	132	23 annual salary for any 4 consecutive years within the last
133	133	24 10 years of service immediately preceding the date of
134	134	25 withdrawal".
135	135	26 (3) In Article 13, "average final salary".
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146	146	1 (4) In Article 14, "final average compensation".
147	147	2 (5) In Article 17, "average salary".
148	148	3 (6) In Section 22-207, "wages or salary received by
149	149	4 him at the date of retirement or discharge".
150	150	5 A member of the Teachers' Retirement System of the State
151	151	6 of Illinois who retires on or after June 1, 2021 and for whom
152	152	7 the 2020-2021 school year is used in the calculation of the
153	153	8 member's final average salary shall use the higher of the
154	154	9 following for the purpose of determining the member's final
155	155	10 average salary:
156	156	11 (A) the amount otherwise calculated under the first
157	157	12 paragraph of this subsection; or
158	158	13 (B) an amount calculated by the Teachers' Retirement
159	159	14 System of the State of Illinois using the average of the
160	160	15 monthly (or annual) salary obtained by dividing the total
161	161	16 salary or earnings calculated under Article 16 applicable
162	162	17 to the member or participant during the 96 months (or 8
163	163	18 years) of service within the last 120 months (or 10 years)
164	164	19 of service in which the total salary or earnings
165	165	20 calculated under the Article was the highest by the number
166	166	21 of months (or years) of service in that period.
167	167	22 (b-5) Beginning on January 1, 2011, for all purposes under
168	168	23 this Code (including without limitation the calculation of
169	169	24 benefits and employee contributions), the annual earnings,
170	170	25 salary, or wages (based on the plan year) of a member or
171	171	26 participant to whom this Section applies shall not exceed
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182	182	1 $106,800; however, that amount shall annually thereafter be
183	183	2 increased by the lesser of (i) 3% of that amount, including all
184	184	3 previous adjustments, or (ii) one-half the annual unadjusted
185	185	4 percentage increase (but not less than zero) in the consumer
186	186	5 price index-u for the 12 months ending with the September
187	187	6 preceding each November 1, including all previous adjustments.
188	188	7 For the purposes of this Section, "consumer price index-u"
189	189	8 means the index published by the Bureau of Labor Statistics of
190	190	9 the United States Department of Labor that measures the
191	191	10 average change in prices of goods and services purchased by
192	192	11 all urban consumers, United States city average, all items,
193	193	12 1982-84 = 100. The new amount resulting from each annual
194	194	13 adjustment shall be determined by the Public Pension Division
195	195	14 of the Department of Insurance and made available to the
196	196	15 boards of the retirement systems and pension funds by November
197	197	16 1 of each year.
198	198	17 (c) A member or participant is entitled to a retirement
199	199	18 annuity upon written application if he or she has attained age
200	200	19 67 (age 65, with respect to service under Article 12 that is
201	201	20 subject to this Section, for a member or participant under
202	202	21 Article 12 who first becomes a member or participant under
203	203	22 Article 12 on or after January 1, 2022 or who makes the
204	204	23 election under item (i) of subsection (d-15) of this Section)
205	205	24 and has at least 10 years of service credit and is otherwise
206	206	25 eligible under the requirements of the applicable Article.
207	207	26 A member or participant who has attained age 62 (age 60,
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218	218	1 with respect to service under Article 12 that is subject to
219	219	2 this Section, for a member or participant under Article 12 who
220	220	3 first becomes a member or participant under Article 12 on or
221	221	4 after January 1, 2022 or who makes the election under item (i)
222	222	5 of subsection (d-15) of this Section) and has at least 10 years
223	223	6 of service credit and is otherwise eligible under the
224	224	7 requirements of the applicable Article may elect to receive
225	225	8 the lower retirement annuity provided in subsection (d) of
226	226	9 this Section.
227	227	10 (c-5) A person who first becomes a member or a participant
228	228	11 subject to this Section on or after July 6, 2017 (the effective
229	229	12 date of Public Act 100-23), notwithstanding any other
230	230	13 provision of this Code to the contrary, is entitled to a
231	231	14 retirement annuity under Article 8 or Article 11 upon written
232	232	15 application if he or she has attained age 65 and has at least
233	233	16 10 years of service credit and is otherwise eligible under the
234	234	17 requirements of Article 8 or Article 11 of this Code,
235	235	18 whichever is applicable.
236	236	19 (d) The retirement annuity of a member or participant who
237	237	20 is retiring after attaining age 62 (age 60, with respect to
238	238	21 service under Article 12 that is subject to this Section, for a
239	239	22 member or participant under Article 12 who first becomes a
240	240	23 member or participant under Article 12 on or after January 1,
241	241	24 2022 or who makes the election under item (i) of subsection
242	242	25 (d-15) of this Section) with at least 10 years of service
243	243	26 credit shall be reduced by one-half of 1% for each full month
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254	254	1 that the member's age is under age 67 (age 65, with respect to
255	255	2 service under Article 12 that is subject to this Section, for a
256	256	3 member or participant under Article 12 who first becomes a
257	257	4 member or participant under Article 12 on or after January 1,
258	258	5 2022 or who makes the election under item (i) of subsection
259	259	6 (d-15) of this Section).
260	260	7 (d-5) The retirement annuity payable under Article 8 or
261	261	8 Article 11 to an eligible person subject to subsection (c-5)
262	262	9 of this Section who is retiring at age 60 with at least 10
263	263	10 years of service credit shall be reduced by one-half of 1% for
264	264	11 each full month that the member's age is under age 65.
265	265	12 (d-10) Each person who first became a member or
266	266	13 participant under Article 8 or Article 11 of this Code on or
267	267	14 after January 1, 2011 and prior to July 6, 2017 (the effective
268	268	15 date of Public Act 100-23) shall make an irrevocable election
269	269	16 either:
270	270	17 (i) to be eligible for the reduced retirement age
271	271	18 provided in subsections (c-5) and (d-5) of this Section,
272	272	19 the eligibility for which is conditioned upon the member
273	273	20 or participant agreeing to the increases in employee
274	274	21 contributions for age and service annuities provided in
275	275	22 subsection (a-5) of Section 8-174 of this Code (for
276	276	23 service under Article 8) or subsection (a-5) of Section
277	277	24 11-170 of this Code (for service under Article 11); or
278	278	25 (ii) to not agree to item (i) of this subsection
279	279	26 (d-10), in which case the member or participant shall
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290	290	1 continue to be subject to the retirement age provisions in
291	291	2 subsections (c) and (d) of this Section and the employee
292	292	3 contributions for age and service annuity as provided in
293	293	4 subsection (a) of Section 8-174 of this Code (for service
294	294	5 under Article 8) or subsection (a) of Section 11-170 of
295	295	6 this Code (for service under Article 11).
296	296	7 The election provided for in this subsection shall be made
297	297	8 between October 1, 2017 and November 15, 2017. A person
298	298	9 subject to this subsection who makes the required election
299	299	10 shall remain bound by that election. A person subject to this
300	300	11 subsection who fails for any reason to make the required
301	301	12 election within the time specified in this subsection shall be
302	302	13 deemed to have made the election under item (ii).
303	303	14 (d-15) Each person who first becomes a member or
304	304	15 participant under Article 12 on or after January 1, 2011 and
305	305	16 prior to January 1, 2022 shall make an irrevocable election
306	306	17 either:
307	307	18 (i) to be eligible for the reduced retirement age
308	308	19 specified in subsections (c) and (d) of this Section, the
309	309	20 eligibility for which is conditioned upon the member or
310	310	21 participant agreeing to the increase in employee
311	311	22 contributions for service annuities specified in
312	312	23 subsection (b) of Section 12-150; or
313	313	24 (ii) to not agree to item (i) of this subsection
314	314	25 (d-15), in which case the member or participant shall not
315	315	26 be eligible for the reduced retirement age specified in
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326	326	1 subsections (c) and (d) of this Section and shall not be
327	327	2 subject to the increase in employee contributions for
328	328	3 service annuities specified in subsection (b) of Section
329	329	4 12-150.
330	330	5 The election provided for in this subsection shall be made
331	331	6 between January 1, 2022 and April 1, 2022. A person subject to
332	332	7 this subsection who makes the required election shall remain
333	333	8 bound by that election. A person subject to this subsection
334	334	9 who fails for any reason to make the required election within
335	335	10 the time specified in this subsection shall be deemed to have
336	336	11 made the election under item (ii).
337	337	12 (e) Any retirement annuity or supplemental annuity shall
338	338	13 be subject to annual increases on the January 1 occurring
339	339	14 either on or after the attainment of age 67 (age 65, with
340	340	15 respect to service under Article 12 that is subject to this
341	341	16 Section, for a member or participant under Article 12 who
342	342	17 first becomes a member or participant under Article 12 on or
343	343	18 after January 1, 2022 or who makes the election under item (i)
344	344	19 of subsection (d-15); and beginning on July 6, 2017 (the
345	345	20 effective date of Public Act 100-23), age 65 with respect to
346	346	21 service under Article 8 or Article 11 for eligible persons
347	347	22 who: (i) are subject to subsection (c-5) of this Section; or
348	348	23 (ii) made the election under item (i) of subsection (d-10) of
349	349	24 this Section) or the first anniversary of the annuity start
350	350	25 date, whichever is later. Each annual increase shall be
351	351	26 calculated at 3% or one-half the annual unadjusted percentage
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362	362	1 increase (but not less than zero) in the consumer price
363	363	2 index-u for the 12 months ending with the September preceding
364	364	3 each November 1, whichever is less, of the originally granted
365	365	4 retirement annuity. If the annual unadjusted percentage change
366	366	5 in the consumer price index-u for the 12 months ending with the
367	367	6 September preceding each November 1 is zero or there is a
368	368	7 decrease, then the annuity shall not be increased.
369	369	8 For the purposes of Section 1-103.1 of this Code, the
370	370	9 changes made to this Section by Public Act 102-263 are
371	371	10 applicable without regard to whether the employee was in
372	372	11 active service on or after August 6, 2021 (the effective date
373	373	12 of Public Act 102-263).
374	374	13 For the purposes of Section 1-103.1 of this Code, the
375	375	14 changes made to this Section by Public Act 100-23 are
376	376	15 applicable without regard to whether the employee was in
377	377	16 active service on or after July 6, 2017 (the effective date of
378	378	17 Public Act 100-23).
379	379	18 (f) The initial survivor's or widow's annuity of an
380	380	19 otherwise eligible survivor or widow of a retired member or
381	381	20 participant who first became a member or participant on or
382	382	21 after January 1, 2011 shall be in the amount of 66 2/3% of the
383	383	22 retired member's or participant's retirement annuity at the
384	384	23 date of death. In the case of the death of a member or
385	385	24 participant who has not retired and who first became a member
386	386	25 or participant on or after January 1, 2011, eligibility for a
387	387	26 survivor's or widow's annuity shall be determined by the
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398	398	1 applicable Article of this Code. The initial benefit shall be
399	399	2 66 2/3% of the earned annuity without a reduction due to age. A
400	400	3 child's annuity of an otherwise eligible child shall be in the
401	401	4 amount prescribed under each Article if applicable. Any
402	402	5 survivor's or widow's annuity shall be increased (1) on each
403	403	6 January 1 occurring on or after the commencement of the
404	404	7 annuity if the deceased member died while receiving a
405	405	8 retirement annuity or (2) in other cases, on each January 1
406	406	9 occurring after the first anniversary of the commencement of
407	407	10 the annuity. Each annual increase shall be calculated at 3% or
408	408	11 one-half the annual unadjusted percentage increase (but not
409	409	12 less than zero) in the consumer price index-u for the 12 months
410	410	13 ending with the September preceding each November 1, whichever
411	411	14 is less, of the originally granted survivor's annuity. If the
412	412	15 annual unadjusted percentage change in the consumer price
413	413	16 index-u for the 12 months ending with the September preceding
414	414	17 each November 1 is zero or there is a decrease, then the
415	415	18 annuity shall not be increased.
416	416	19 (g) The benefits in Section 14-110 apply if the person is a
417	417	20 fire fighter in the fire protection service of a department, a
418	418	21 security employee of the Department of Corrections or the
419	419	22 Department of Juvenile Justice, or a security employee of the
420	420	23 Department of Innovation and Technology, as those terms are
421	421	24 defined in subsection (b) and subsection (c) of Section
422	422	25 14-110. A person who meets the requirements of this Section is
423	423	26 entitled to an annuity calculated under the provisions of
424	424
425	425
426	426
427	427
428	428
429	429	HB3297 - 11 - LRB103 27602 RPS 53978 b
430	430
431	431
432	432	HB3297- 12 -LRB103 27602 RPS 53978 b HB3297 - 12 - LRB103 27602 RPS 53978 b
433	433	HB3297 - 12 - LRB103 27602 RPS 53978 b
434	434	1 Section 14-110, in lieu of the regular or minimum retirement
435	435	2 annuity, only if the person has withdrawn from service with
436	436	3 not less than 20 years of eligible creditable service and has
437	437	4 attained age 60, regardless of whether the attainment of age
438	438	5 60 occurs while the person is still in service.
439	439	6 (g-1) The benefits in Section 14-110 apply if the person
440	440	7 is a security employee of the Department of Human Services, as
441	441	8 those terms are defined in subsection (b) and subsection (c)
442	442	9 of Section 14-110. A person who meets the requirements of this
443	443	10 Section is entitled to an annuity calculated under the
444	444	11 provisions of Section 14-110, in lieu of the regular or
445	445	12 minimum retirement annuity, only if the person has withdrawn
446	446	13 from service with not less than 20 years of eligible
447	447	14 creditable service and has attained age 55, regardless of
448	448	15 whether the attainment of age 55 occurs while the person is
449	449	16 still in service.
450	450	17 (g-5) The benefits in Section 14-110 apply if the person
451	451	18 is a State policeman, investigator for the Secretary of State,
452	452	19 conservation police officer, investigator for the Department
453	453	20 of Revenue or the Illinois Gaming Board, investigator for the
454	454	21 Office of the Attorney General, Commerce Commission police
455	455	22 officer, or arson investigator, as those terms are defined in
456	456	23 subsection (b) and subsection (c) of Section 14-110. A person
457	457	24 who meets the requirements of this Section is entitled to an
458	458	25 annuity calculated under the provisions of Section 14-110, in
459	459	26 lieu of the regular or minimum retirement annuity, only if the
460	460
461	461
462	462
463	463
464	464
465	465	HB3297 - 12 - LRB103 27602 RPS 53978 b
466	466
467	467
468	468	HB3297- 13 -LRB103 27602 RPS 53978 b HB3297 - 13 - LRB103 27602 RPS 53978 b
469	469	HB3297 - 13 - LRB103 27602 RPS 53978 b
470	470	1 person has withdrawn from service with not less than 20 years
471	471	2 of eligible creditable service and has attained age 55,
472	472	3 regardless of whether the attainment of age 55 occurs while
473	473	4 the person is still in service.
474	474	5 (h) If a person who first becomes a member or a participant
475	475	6 of a retirement system or pension fund subject to this Section
476	476	7 on or after January 1, 2011 is receiving a retirement annuity
477	477	8 or retirement pension under that system or fund and becomes a
478	478	9 member or participant under any other system or fund created
479	479	10 by this Code and is employed on a full-time basis, except for
480	480	11 those members or participants exempted from the provisions of
481	481	12 this Section under subsection (a) of this Section, then the
482	482	13 person's retirement annuity or retirement pension under that
483	483	14 system or fund shall be suspended during that employment. Upon
484	484	15 termination of that employment, the person's retirement
485	485	16 annuity or retirement pension payments shall resume and be
486	486	17 recalculated if recalculation is provided for under the
487	487	18 applicable Article of this Code.
488	488	19 If a person who first becomes a member of a retirement
489	489	20 system or pension fund subject to this Section on or after
490	490	21 January 1, 2012 and is receiving a retirement annuity or
491	491	22 retirement pension under that system or fund and accepts on a
492	492	23 contractual basis a position to provide services to a
493	493	24 governmental entity from which he or she has retired, then
494	494	25 that person's annuity or retirement pension earned as an
495	495	26 active employee of the employer shall be suspended during that
496	496
497	497
498	498
499	499
500	500
501	501	HB3297 - 13 - LRB103 27602 RPS 53978 b
502	502
503	503
504	504	HB3297- 14 -LRB103 27602 RPS 53978 b HB3297 - 14 - LRB103 27602 RPS 53978 b
505	505	HB3297 - 14 - LRB103 27602 RPS 53978 b
506	506	1 contractual service. A person receiving an annuity or
507	507	2 retirement pension under this Code shall notify the pension
508	508	3 fund or retirement system from which he or she is receiving an
509	509	4 annuity or retirement pension, as well as his or her
510	510	5 contractual employer, of his or her retirement status before
511	511	6 accepting contractual employment. A person who fails to submit
512	512	7 such notification shall be guilty of a Class A misdemeanor and
513	513	8 required to pay a fine of $1,000. Upon termination of that
514	514	9 contractual employment, the person's retirement annuity or
515	515	10 retirement pension payments shall resume and, if appropriate,
516	516	11 be recalculated under the applicable provisions of this Code.
517	517	12 (i) (Blank).
518	518	13 (j) In the case of a conflict between the provisions of
519	519	14 this Section and any other provision of this Code, the
520	520	15 provisions of this Section shall control.
521	521	16 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
522	522	17 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff.
523	523	18 5-6-22.)
524	524	19 (Text of Section from P.A. 102-813)
525	525	20 Sec. 1-160. Provisions applicable to new hires.
526	526	21 (a) The provisions of this Section apply to a person who,
527	527	22 on or after January 1, 2011, first becomes a member or a
528	528	23 participant under any reciprocal retirement system or pension
529	529	24 fund established under this Code, other than a retirement
530	530	25 system or pension fund established under Article 2, 3, 4, 5, 6,
531	531
532	532
533	533
534	534
535	535
536	536	HB3297 - 14 - LRB103 27602 RPS 53978 b
537	537
538	538
539	539	HB3297- 15 -LRB103 27602 RPS 53978 b HB3297 - 15 - LRB103 27602 RPS 53978 b
540	540	HB3297 - 15 - LRB103 27602 RPS 53978 b
541	541	1 7, 15, or 18 of this Code, notwithstanding any other provision
542	542	2 of this Code to the contrary, but do not apply to any
543	543	3 self-managed plan established under this Code or to any
544	544	4 participant of the retirement plan established under Section
545	545	5 22-101; except that this Section applies to a person who
546	546	6 elected to establish alternative credits by electing in
547	547	7 writing after January 1, 2011, but before August 8, 2011,
548	548	8 under Section 7-145.1 of this Code. Notwithstanding anything
549	549	9 to the contrary in this Section, for purposes of this Section,
550	550	10 a person who is a Tier 1 regular employee as defined in Section
551	551	11 7-109.4 of this Code or who participated in a retirement
552	552	12 system under Article 15 prior to January 1, 2011 shall be
553	553	13 deemed a person who first became a member or participant prior
554	554	14 to January 1, 2011 under any retirement system or pension fund
555	555	15 subject to this Section. The changes made to this Section by
556	556	16 Public Act 98-596 are a clarification of existing law and are
557	557	17 intended to be retroactive to January 1, 2011 (the effective
558	558	18 date of Public Act 96-889), notwithstanding the provisions of
559	559	19 Section 1-103.1 of this Code.
560	560	20 This Section does not apply to a person who first becomes a
561	561	21 noncovered employee under Article 14 on or after the
562	562	22 implementation date of the plan created under Section 1-161
563	563	23 for that Article, unless that person elects under subsection
564	564	24 (b) of Section 1-161 to instead receive the benefits provided
565	565	25 under this Section and the applicable provisions of that
566	566	26 Article.
567	567
568	568
569	569
570	570
571	571
572	572	HB3297 - 15 - LRB103 27602 RPS 53978 b
573	573
574	574
575	575	HB3297- 16 -LRB103 27602 RPS 53978 b HB3297 - 16 - LRB103 27602 RPS 53978 b
576	576	HB3297 - 16 - LRB103 27602 RPS 53978 b
577	577	1 This Section does not apply to a person who first becomes a
578	578	2 member or participant under Article 16 on or after the
579	579	3 implementation date of the plan created under Section 1-161
580	580	4 for that Article, unless that person elects under subsection
581	581	5 (b) of Section 1-161 to instead receive the benefits provided
582	582	6 under this Section and the applicable provisions of that
583	583	7 Article.
584	584	8 This Section does not apply to a person who elects under
585	585	9 subsection (c-5) of Section 1-161 to receive the benefits
586	586	10 under Section 1-161.
587	587	11 This Section does not apply to a person who first becomes a
588	588	12 member or participant of an affected pension fund on or after 6
589	589	13 months after the resolution or ordinance date, as defined in
590	590	14 Section 1-162, unless that person elects under subsection (c)
591	591	15 of Section 1-162 to receive the benefits provided under this
592	592	16 Section and the applicable provisions of the Article under
593	593	17 which he or she is a member or participant.
594	594	18 (b) "Final average salary" means, except as otherwise
595	595	19 provided in this subsection, the average monthly (or annual)
596	596	20 salary obtained by dividing the total salary or earnings
597	597	21 calculated under the Article applicable to the member or
598	598	22 participant during the 96 consecutive months (or 8 consecutive
599	599	23 years) of service within the last 120 months (or 10 years) of
600	600	24 service in which the total salary or earnings calculated under
601	601	25 the applicable Article was the highest by the number of months
602	602	26 (or years) of service in that period. For the purposes of a
603	603
604	604
605	605
606	606
607	607
608	608	HB3297 - 16 - LRB103 27602 RPS 53978 b
609	609
610	610
611	611	HB3297- 17 -LRB103 27602 RPS 53978 b HB3297 - 17 - LRB103 27602 RPS 53978 b
612	612	HB3297 - 17 - LRB103 27602 RPS 53978 b
613	613	1 person who first becomes a member or participant of any
614	614	2 retirement system or pension fund to which this Section
615	615	3 applies on or after January 1, 2011, in this Code, "final
616	616	4 average salary" shall be substituted for the following:
617	617	5 (1) (Blank).
618	618	6 (2) In Articles 8, 9, 10, 11, and 12, "highest average
619	619	7 annual salary for any 4 consecutive years within the last
620	620	8 10 years of service immediately preceding the date of
621	621	9 withdrawal".
622	622	10 (3) In Article 13, "average final salary".
623	623	11 (4) In Article 14, "final average compensation".
624	624	12 (5) In Article 17, "average salary".
625	625	13 (6) In Section 22-207, "wages or salary received by
626	626	14 him at the date of retirement or discharge".
627	627	15 A member of the Teachers' Retirement System of the State
628	628	16 of Illinois who retires on or after June 1, 2021 and for whom
629	629	17 the 2020-2021 school year is used in the calculation of the
630	630	18 member's final average salary shall use the higher of the
631	631	19 following for the purpose of determining the member's final
632	632	20 average salary:
633	633	21 (A) the amount otherwise calculated under the first
634	634	22 paragraph of this subsection; or
635	635	23 (B) an amount calculated by the Teachers' Retirement
636	636	24 System of the State of Illinois using the average of the
637	637	25 monthly (or annual) salary obtained by dividing the total
638	638	26 salary or earnings calculated under Article 16 applicable
639	639
640	640
641	641
642	642
643	643
644	644	HB3297 - 17 - LRB103 27602 RPS 53978 b
645	645
646	646
647	647	HB3297- 18 -LRB103 27602 RPS 53978 b HB3297 - 18 - LRB103 27602 RPS 53978 b
648	648	HB3297 - 18 - LRB103 27602 RPS 53978 b
649	649	1 to the member or participant during the 96 months (or 8
650	650	2 years) of service within the last 120 months (or 10 years)
651	651	3 of service in which the total salary or earnings
652	652	4 calculated under the Article was the highest by the number
653	653	5 of months (or years) of service in that period.
654	654	6 (b-5) Beginning on January 1, 2011, for all purposes under
655	655	7 this Code (including without limitation the calculation of
656	656	8 benefits and employee contributions), the annual earnings,
657	657	9 salary, or wages (based on the plan year) of a member or
658	658	10 participant to whom this Section applies shall not exceed
659	659	11 $106,800; however, that amount shall annually thereafter be
660	660	12 increased by the lesser of (i) 3% of that amount, including all
661	661	13 previous adjustments, or (ii) one-half the annual unadjusted
662	662	14 percentage increase (but not less than zero) in the consumer
663	663	15 price index-u for the 12 months ending with the September
664	664	16 preceding each November 1, including all previous adjustments.
665	665	17 For the purposes of this Section, "consumer price index-u"
666	666	18 means the index published by the Bureau of Labor Statistics of
667	667	19 the United States Department of Labor that measures the
668	668	20 average change in prices of goods and services purchased by
669	669	21 all urban consumers, United States city average, all items,
670	670	22 1982-84 = 100. The new amount resulting from each annual
671	671	23 adjustment shall be determined by the Public Pension Division
672	672	24 of the Department of Insurance and made available to the
673	673	25 boards of the retirement systems and pension funds by November
674	674	26 1 of each year.
675	675
676	676
677	677
678	678
679	679
680	680	HB3297 - 18 - LRB103 27602 RPS 53978 b
681	681
682	682
683	683	HB3297- 19 -LRB103 27602 RPS 53978 b HB3297 - 19 - LRB103 27602 RPS 53978 b
684	684	HB3297 - 19 - LRB103 27602 RPS 53978 b
685	685	1 (c) A member or participant is entitled to a retirement
686	686	2 annuity upon written application if he or she has attained age
687	687	3 67 (age 65, with respect to service under Article 12 that is
688	688	4 subject to this Section, for a member or participant under
689	689	5 Article 12 who first becomes a member or participant under
690	690	6 Article 12 on or after January 1, 2022 or who makes the
691	691	7 election under item (i) of subsection (d-15) of this Section)
692	692	8 and has at least 10 years of service credit and is otherwise
693	693	9 eligible under the requirements of the applicable Article.
694	694	10 A member or participant who has attained age 62 (age 60,
695	695	11 with respect to service under Article 12 that is subject to
696	696	12 this Section, for a member or participant under Article 12 who
697	697	13 first becomes a member or participant under Article 12 on or
698	698	14 after January 1, 2022 or who makes the election under item (i)
699	699	15 of subsection (d-15) of this Section) and has at least 10 years
700	700	16 of service credit and is otherwise eligible under the
701	701	17 requirements of the applicable Article may elect to receive
702	702	18 the lower retirement annuity provided in subsection (d) of
703	703	19 this Section.
704	704	20 (c-5) A person who first becomes a member or a participant
705	705	21 subject to this Section on or after July 6, 2017 (the effective
706	706	22 date of Public Act 100-23), notwithstanding any other
707	707	23 provision of this Code to the contrary, is entitled to a
708	708	24 retirement annuity under Article 8 or Article 11 upon written
709	709	25 application if he or she has attained age 65 and has at least
710	710	26 10 years of service credit and is otherwise eligible under the
711	711
712	712
713	713
714	714
715	715
716	716	HB3297 - 19 - LRB103 27602 RPS 53978 b
717	717
718	718
719	719	HB3297- 20 -LRB103 27602 RPS 53978 b HB3297 - 20 - LRB103 27602 RPS 53978 b
720	720	HB3297 - 20 - LRB103 27602 RPS 53978 b
721	721	1 requirements of Article 8 or Article 11 of this Code,
722	722	2 whichever is applicable.
723	723	3 (d) The retirement annuity of a member or participant who
724	724	4 is retiring after attaining age 62 (age 60, with respect to
725	725	5 service under Article 12 that is subject to this Section, for a
726	726	6 member or participant under Article 12 who first becomes a
727	727	7 member or participant under Article 12 on or after January 1,
728	728	8 2022 or who makes the election under item (i) of subsection
729	729	9 (d-15) of this Section) with at least 10 years of service
730	730	10 credit shall be reduced by one-half of 1% for each full month
731	731	11 that the member's age is under age 67 (age 65, with respect to
732	732	12 service under Article 12 that is subject to this Section, for a
733	733	13 member or participant under Article 12 who first becomes a
734	734	14 member or participant under Article 12 on or after January 1,
735	735	15 2022 or who makes the election under item (i) of subsection
736	736	16 (d-15) of this Section).
737	737	17 (d-5) The retirement annuity payable under Article 8 or
738	738	18 Article 11 to an eligible person subject to subsection (c-5)
739	739	19 of this Section who is retiring at age 60 with at least 10
740	740	20 years of service credit shall be reduced by one-half of 1% for
741	741	21 each full month that the member's age is under age 65.
742	742	22 (d-10) Each person who first became a member or
743	743	23 participant under Article 8 or Article 11 of this Code on or
744	744	24 after January 1, 2011 and prior to July 6, 2017 (the effective
745	745	25 date of Public Act 100-23) shall make an irrevocable election
746	746	26 either:
747	747
748	748
749	749
750	750
751	751
752	752	HB3297 - 20 - LRB103 27602 RPS 53978 b
753	753
754	754
755	755	HB3297- 21 -LRB103 27602 RPS 53978 b HB3297 - 21 - LRB103 27602 RPS 53978 b
756	756	HB3297 - 21 - LRB103 27602 RPS 53978 b
757	757	1 (i) to be eligible for the reduced retirement age
758	758	2 provided in subsections (c-5) and (d-5) of this Section,
759	759	3 the eligibility for which is conditioned upon the member
760	760	4 or participant agreeing to the increases in employee
761	761	5 contributions for age and service annuities provided in
762	762	6 subsection (a-5) of Section 8-174 of this Code (for
763	763	7 service under Article 8) or subsection (a-5) of Section
764	764	8 11-170 of this Code (for service under Article 11); or
765	765	9 (ii) to not agree to item (i) of this subsection
766	766	10 (d-10), in which case the member or participant shall
767	767	11 continue to be subject to the retirement age provisions in
768	768	12 subsections (c) and (d) of this Section and the employee
769	769	13 contributions for age and service annuity as provided in
770	770	14 subsection (a) of Section 8-174 of this Code (for service
771	771	15 under Article 8) or subsection (a) of Section 11-170 of
772	772	16 this Code (for service under Article 11).
773	773	17 The election provided for in this subsection shall be made
774	774	18 between October 1, 2017 and November 15, 2017. A person
775	775	19 subject to this subsection who makes the required election
776	776	20 shall remain bound by that election. A person subject to this
777	777	21 subsection who fails for any reason to make the required
778	778	22 election within the time specified in this subsection shall be
779	779	23 deemed to have made the election under item (ii).
780	780	24 (d-15) Each person who first becomes a member or
781	781	25 participant under Article 12 on or after January 1, 2011 and
782	782	26 prior to January 1, 2022 shall make an irrevocable election
783	783
784	784
785	785
786	786
787	787
788	788	HB3297 - 21 - LRB103 27602 RPS 53978 b
789	789
790	790
791	791	HB3297- 22 -LRB103 27602 RPS 53978 b HB3297 - 22 - LRB103 27602 RPS 53978 b
792	792	HB3297 - 22 - LRB103 27602 RPS 53978 b
793	793	1 either:
794	794	2 (i) to be eligible for the reduced retirement age
795	795	3 specified in subsections (c) and (d) of this Section, the
796	796	4 eligibility for which is conditioned upon the member or
797	797	5 participant agreeing to the increase in employee
798	798	6 contributions for service annuities specified in
799	799	7 subsection (b) of Section 12-150; or
800	800	8 (ii) to not agree to item (i) of this subsection
801	801	9 (d-15), in which case the member or participant shall not
802	802	10 be eligible for the reduced retirement age specified in
803	803	11 subsections (c) and (d) of this Section and shall not be
804	804	12 subject to the increase in employee contributions for
805	805	13 service annuities specified in subsection (b) of Section
806	806	14 12-150.
807	807	15 The election provided for in this subsection shall be made
808	808	16 between January 1, 2022 and April 1, 2022. A person subject to
809	809	17 this subsection who makes the required election shall remain
810	810	18 bound by that election. A person subject to this subsection
811	811	19 who fails for any reason to make the required election within
812	812	20 the time specified in this subsection shall be deemed to have
813	813	21 made the election under item (ii).
814	814	22 (e) Any retirement annuity or supplemental annuity shall
815	815	23 be subject to annual increases on the January 1 occurring
816	816	24 either on or after the attainment of age 67 (age 65, with
817	817	25 respect to service under Article 12 that is subject to this
818	818	26 Section, for a member or participant under Article 12 who
819	819
820	820
821	821
822	822
823	823
824	824	HB3297 - 22 - LRB103 27602 RPS 53978 b
825	825
826	826
827	827	HB3297- 23 -LRB103 27602 RPS 53978 b HB3297 - 23 - LRB103 27602 RPS 53978 b
828	828	HB3297 - 23 - LRB103 27602 RPS 53978 b
829	829	1 first becomes a member or participant under Article 12 on or
830	830	2 after January 1, 2022 or who makes the election under item (i)
831	831	3 of subsection (d-15); and beginning on July 6, 2017 (the
832	832	4 effective date of Public Act 100-23), age 65 with respect to
833	833	5 service under Article 8 or Article 11 for eligible persons
834	834	6 who: (i) are subject to subsection (c-5) of this Section; or
835	835	7 (ii) made the election under item (i) of subsection (d-10) of
836	836	8 this Section) or the first anniversary of the annuity start
837	837	9 date, whichever is later. Each annual increase shall be
838	838	10 calculated at 3% or one-half the annual unadjusted percentage
839	839	11 increase (but not less than zero) in the consumer price
840	840	12 index-u for the 12 months ending with the September preceding
841	841	13 each November 1, whichever is less, of the originally granted
842	842	14 retirement annuity. If the annual unadjusted percentage change
843	843	15 in the consumer price index-u for the 12 months ending with the
844	844	16 September preceding each November 1 is zero or there is a
845	845	17 decrease, then the annuity shall not be increased.
846	846	18 For the purposes of Section 1-103.1 of this Code, the
847	847	19 changes made to this Section by Public Act 102-263 are
848	848	20 applicable without regard to whether the employee was in
849	849	21 active service on or after August 6, 2021 (the effective date
850	850	22 of Public Act 102-263).
851	851	23 For the purposes of Section 1-103.1 of this Code, the
852	852	24 changes made to this Section by Public Act 100-23 are
853	853	25 applicable without regard to whether the employee was in
854	854	26 active service on or after July 6, 2017 (the effective date of
855	855
856	856
857	857
858	858
859	859
860	860	HB3297 - 23 - LRB103 27602 RPS 53978 b
861	861
862	862
863	863	HB3297- 24 -LRB103 27602 RPS 53978 b HB3297 - 24 - LRB103 27602 RPS 53978 b
864	864	HB3297 - 24 - LRB103 27602 RPS 53978 b
865	865	1 Public Act 100-23).
866	866	2 (f) The initial survivor's or widow's annuity of an
867	867	3 otherwise eligible survivor or widow of a retired member or
868	868	4 participant who first became a member or participant on or
869	869	5 after January 1, 2011 shall be in the amount of 66 2/3% of the
870	870	6 retired member's or participant's retirement annuity at the
871	871	7 date of death. In the case of the death of a member or
872	872	8 participant who has not retired and who first became a member
873	873	9 or participant on or after January 1, 2011, eligibility for a
874	874	10 survivor's or widow's annuity shall be determined by the
875	875	11 applicable Article of this Code. The initial benefit shall be
876	876	12 66 2/3% of the earned annuity without a reduction due to age. A
877	877	13 child's annuity of an otherwise eligible child shall be in the
878	878	14 amount prescribed under each Article if applicable. Any
879	879	15 survivor's or widow's annuity shall be increased (1) on each
880	880	16 January 1 occurring on or after the commencement of the
881	881	17 annuity if the deceased member died while receiving a
882	882	18 retirement annuity or (2) in other cases, on each January 1
883	883	19 occurring after the first anniversary of the commencement of
884	884	20 the annuity. Each annual increase shall be calculated at 3% or
885	885	21 one-half the annual unadjusted percentage increase (but not
886	886	22 less than zero) in the consumer price index-u for the 12 months
887	887	23 ending with the September preceding each November 1, whichever
888	888	24 is less, of the originally granted survivor's annuity. If the
889	889	25 annual unadjusted percentage change in the consumer price
890	890	26 index-u for the 12 months ending with the September preceding
891	891
892	892
893	893
894	894
895	895
896	896	HB3297 - 24 - LRB103 27602 RPS 53978 b
897	897
898	898
899	899	HB3297- 25 -LRB103 27602 RPS 53978 b HB3297 - 25 - LRB103 27602 RPS 53978 b
900	900	HB3297 - 25 - LRB103 27602 RPS 53978 b
901	901	1 each November 1 is zero or there is a decrease, then the
902	902	2 annuity shall not be increased.
903	903	3 (g) The benefits in Section 14-110 apply only if the
904	904	4 person is a State policeman, a fire fighter in the fire
905	905	5 protection service of a department, a conservation police
906	906	6 officer, an investigator for the Secretary of State, an arson
907	907	7 investigator, a Commerce Commission police officer,
908	908	8 investigator for the Department of Revenue or the Illinois
909	909	9 Gaming Board, a security employee of the Department of
910	910	10 Corrections or the Department of Juvenile Justice, or a
911	911	11 security employee of the Department of Innovation and
912	912	12 Technology, as those terms are defined in subsection (b) and
913	913	13 subsection (c) of Section 14-110. A person who meets the
914	914	14 requirements of this Section is entitled to an annuity
915	915	15 calculated under the provisions of Section 14-110, in lieu of
916	916	16 the regular or minimum retirement annuity, only if the person
917	917	17 has withdrawn from service with not less than 20 years of
918	918	18 eligible creditable service and has attained age 60,
919	919	19 regardless of whether the attainment of age 60 occurs while
920	920	20 the person is still in service.
921	921	21 (g-1) The benefits in Section 14-110 apply if the person
922	922	22 is a security employee of the Department of Human Services, as
923	923	23 those terms are defined in subsection (b) and subsection (c)
924	924	24 of Section 14-110. A person who meets the requirements of this
925	925	25 Section is entitled to an annuity calculated under the
926	926	26 provisions of Section 14-110, in lieu of the regular or
927	927
928	928
929	929
930	930
931	931
932	932	HB3297 - 25 - LRB103 27602 RPS 53978 b
933	933
934	934
935	935	HB3297- 26 -LRB103 27602 RPS 53978 b HB3297 - 26 - LRB103 27602 RPS 53978 b
936	936	HB3297 - 26 - LRB103 27602 RPS 53978 b
937	937	1 minimum retirement annuity, only if the person has withdrawn
938	938	2 from service with not less than 20 years of eligible
939	939	3 creditable service and has attained age 55, regardless of
940	940	4 whether the attainment of age 55 occurs while the person is
941	941	5 still in service.
942	942	6 (h) If a person who first becomes a member or a participant
943	943	7 of a retirement system or pension fund subject to this Section
944	944	8 on or after January 1, 2011 is receiving a retirement annuity
945	945	9 or retirement pension under that system or fund and becomes a
946	946	10 member or participant under any other system or fund created
947	947	11 by this Code and is employed on a full-time basis, except for
948	948	12 those members or participants exempted from the provisions of
949	949	13 this Section under subsection (a) of this Section, then the
950	950	14 person's retirement annuity or retirement pension under that
951	951	15 system or fund shall be suspended during that employment. Upon
952	952	16 termination of that employment, the person's retirement
953	953	17 annuity or retirement pension payments shall resume and be
954	954	18 recalculated if recalculation is provided for under the
955	955	19 applicable Article of this Code.
956	956	20 If a person who first becomes a member of a retirement
957	957	21 system or pension fund subject to this Section on or after
958	958	22 January 1, 2012 and is receiving a retirement annuity or
959	959	23 retirement pension under that system or fund and accepts on a
960	960	24 contractual basis a position to provide services to a
961	961	25 governmental entity from which he or she has retired, then
962	962	26 that person's annuity or retirement pension earned as an
963	963
964	964
965	965
966	966
967	967
968	968	HB3297 - 26 - LRB103 27602 RPS 53978 b
969	969
970	970
971	971	HB3297- 27 -LRB103 27602 RPS 53978 b HB3297 - 27 - LRB103 27602 RPS 53978 b
972	972	HB3297 - 27 - LRB103 27602 RPS 53978 b
973	973	1 active employee of the employer shall be suspended during that
974	974	2 contractual service. A person receiving an annuity or
975	975	3 retirement pension under this Code shall notify the pension
976	976	4 fund or retirement system from which he or she is receiving an
977	977	5 annuity or retirement pension, as well as his or her
978	978	6 contractual employer, of his or her retirement status before
979	979	7 accepting contractual employment. A person who fails to submit
980	980	8 such notification shall be guilty of a Class A misdemeanor and
981	981	9 required to pay a fine of $1,000. Upon termination of that
982	982	10 contractual employment, the person's retirement annuity or
983	983	11 retirement pension payments shall resume and, if appropriate,
984	984	12 be recalculated under the applicable provisions of this Code.
985	985	13 (i) (Blank).
986	986	14 (j) In the case of a conflict between the provisions of
987	987	15 this Section and any other provision of this Code, the
988	988	16 provisions of this Section shall control.
989	989	17 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
990	990	18 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff.
991	991	19 5-13-22.)
992	992	20 (Text of Section from P.A. 102-956)
993	993	21 Sec. 1-160. Provisions applicable to new hires.
994	994	22 (a) The provisions of this Section apply to a person who,
995	995	23 on or after January 1, 2011, first becomes a member or a
996	996	24 participant under any reciprocal retirement system or pension
997	997	25 fund established under this Code, other than a retirement
998	998
999	999
1000	1000
1001	1001
1002	1002
1003	1003	HB3297 - 27 - LRB103 27602 RPS 53978 b
1004	1004
1005	1005
1006	1006	HB3297- 28 -LRB103 27602 RPS 53978 b HB3297 - 28 - LRB103 27602 RPS 53978 b
1007	1007	HB3297 - 28 - LRB103 27602 RPS 53978 b
1008	1008	1 system or pension fund established under Article 2, 3, 4, 5, 6,
1009	1009	2 7, 15, or 18 of this Code, notwithstanding any other provision
1010	1010	3 of this Code to the contrary, but do not apply to any
1011	1011	4 self-managed plan established under this Code or to any
1012	1012	5 participant of the retirement plan established under Section
1013	1013	6 22-101; except that this Section applies to a person who
1014	1014	7 elected to establish alternative credits by electing in
1015	1015	8 writing after January 1, 2011, but before August 8, 2011,
1016	1016	9 under Section 7-145.1 of this Code. Notwithstanding anything
1017	1017	10 to the contrary in this Section, for purposes of this Section,
1018	1018	11 a person who is a Tier 1 regular employee as defined in Section
1019	1019	12 7-109.4 of this Code or who participated in a retirement
1020	1020	13 system under Article 15 prior to January 1, 2011 shall be
1021	1021	14 deemed a person who first became a member or participant prior
1022	1022	15 to January 1, 2011 under any retirement system or pension fund
1023	1023	16 subject to this Section. The changes made to this Section by
1024	1024	17 Public Act 98-596 are a clarification of existing law and are
1025	1025	18 intended to be retroactive to January 1, 2011 (the effective
1026	1026	19 date of Public Act 96-889), notwithstanding the provisions of
1027	1027	20 Section 1-103.1 of this Code.
1028	1028	21 This Section does not apply to a person who first becomes a
1029	1029	22 noncovered employee under Article 14 on or after the
1030	1030	23 implementation date of the plan created under Section 1-161
1031	1031	24 for that Article, unless that person elects under subsection
1032	1032	25 (b) of Section 1-161 to instead receive the benefits provided
1033	1033	26 under this Section and the applicable provisions of that
1034	1034
1035	1035
1036	1036
1037	1037
1038	1038
1039	1039	HB3297 - 28 - LRB103 27602 RPS 53978 b
1040	1040
1041	1041
1042	1042	HB3297- 29 -LRB103 27602 RPS 53978 b HB3297 - 29 - LRB103 27602 RPS 53978 b
1043	1043	HB3297 - 29 - LRB103 27602 RPS 53978 b
1044	1044	1 Article.
1045	1045	2 This Section does not apply to a person who first becomes a
1046	1046	3 member or participant under Article 16 on or after the
1047	1047	4 implementation date of the plan created under Section 1-161
1048	1048	5 for that Article, unless that person elects under subsection
1049	1049	6 (b) of Section 1-161 to instead receive the benefits provided
1050	1050	7 under this Section and the applicable provisions of that
1051	1051	8 Article.
1052	1052	9 This Section does not apply to a person who elects under
1053	1053	10 subsection (c-5) of Section 1-161 to receive the benefits
1054	1054	11 under Section 1-161.
1055	1055	12 This Section does not apply to a person who first becomes a
1056	1056	13 member or participant of an affected pension fund on or after 6
1057	1057	14 months after the resolution or ordinance date, as defined in
1058	1058	15 Section 1-162, unless that person elects under subsection (c)
1059	1059	16 of Section 1-162 to receive the benefits provided under this
1060	1060	17 Section and the applicable provisions of the Article under
1061	1061	18 which he or she is a member or participant.
1062	1062	19 (b) "Final average salary" means, except as otherwise
1063	1063	20 provided in this subsection, the average monthly (or annual)
1064	1064	21 salary obtained by dividing the total salary or earnings
1065	1065	22 calculated under the Article applicable to the member or
1066	1066	23 participant during the 96 consecutive months (or 8 consecutive
1067	1067	24 years) of service within the last 120 months (or 10 years) of
1068	1068	25 service in which the total salary or earnings calculated under
1069	1069	26 the applicable Article was the highest by the number of months
1070	1070
1071	1071
1072	1072
1073	1073
1074	1074
1075	1075	HB3297 - 29 - LRB103 27602 RPS 53978 b
1076	1076
1077	1077
1078	1078	HB3297- 30 -LRB103 27602 RPS 53978 b HB3297 - 30 - LRB103 27602 RPS 53978 b
1079	1079	HB3297 - 30 - LRB103 27602 RPS 53978 b
1080	1080	1 (or years) of service in that period. For the purposes of a
1081	1081	2 person who first becomes a member or participant of any
1082	1082	3 retirement system or pension fund to which this Section
1083	1083	4 applies on or after January 1, 2011, in this Code, "final
1084	1084	5 average salary" shall be substituted for the following:
1085	1085	6 (1) (Blank).
1086	1086	7 (2) In Articles 8, 9, 10, 11, and 12, "highest average
1087	1087	8 annual salary for any 4 consecutive years within the last
1088	1088	9 10 years of service immediately preceding the date of
1089	1089	10 withdrawal".
1090	1090	11 (3) In Article 13, "average final salary".
1091	1091	12 (4) In Article 14, "final average compensation".
1092	1092	13 (5) In Article 17, "average salary".
1093	1093	14 (6) In Section 22-207, "wages or salary received by
1094	1094	15 him at the date of retirement or discharge".
1095	1095	16 A member of the Teachers' Retirement System of the State
1096	1096	17 of Illinois who retires on or after June 1, 2021 and for whom
1097	1097	18 the 2020-2021 school year is used in the calculation of the
1098	1098	19 member's final average salary shall use the higher of the
1099	1099	20 following for the purpose of determining the member's final
1100	1100	21 average salary:
1101	1101	22 (A) the amount otherwise calculated under the first
1102	1102	23 paragraph of this subsection; or
1103	1103	24 (B) an amount calculated by the Teachers' Retirement
1104	1104	25 System of the State of Illinois using the average of the
1105	1105	26 monthly (or annual) salary obtained by dividing the total
1106	1106
1107	1107
1108	1108
1109	1109
1110	1110
1111	1111	HB3297 - 30 - LRB103 27602 RPS 53978 b
1112	1112
1113	1113
1114	1114	HB3297- 31 -LRB103 27602 RPS 53978 b HB3297 - 31 - LRB103 27602 RPS 53978 b
1115	1115	HB3297 - 31 - LRB103 27602 RPS 53978 b
1116	1116	1 salary or earnings calculated under Article 16 applicable
1117	1117	2 to the member or participant during the 96 months (or 8
1118	1118	3 years) of service within the last 120 months (or 10 years)
1119	1119	4 of service in which the total salary or earnings
1120	1120	5 calculated under the Article was the highest by the number
1121	1121	6 of months (or years) of service in that period.
1122	1122	7 (b-5) Beginning on January 1, 2011, for all purposes under
1123	1123	8 this Code (including without limitation the calculation of
1124	1124	9 benefits and employee contributions), the annual earnings,
1125	1125	10 salary, or wages (based on the plan year) of a member or
1126	1126	11 participant to whom this Section applies shall not exceed
1127	1127	12 $106,800; however, that amount shall annually thereafter be
1128	1128	13 increased by the lesser of (i) 3% of that amount, including all
1129	1129	14 previous adjustments, or (ii) one-half the annual unadjusted
1130	1130	15 percentage increase (but not less than zero) in the consumer
1131	1131	16 price index-u for the 12 months ending with the September
1132	1132	17 preceding each November 1, including all previous adjustments.
1133	1133	18 For the purposes of this Section, "consumer price index-u"
1134	1134	19 means the index published by the Bureau of Labor Statistics of
1135	1135	20 the United States Department of Labor that measures the
1136	1136	21 average change in prices of goods and services purchased by
1137	1137	22 all urban consumers, United States city average, all items,
1138	1138	23 1982-84 = 100. The new amount resulting from each annual
1139	1139	24 adjustment shall be determined by the Public Pension Division
1140	1140	25 of the Department of Insurance and made available to the
1141	1141	26 boards of the retirement systems and pension funds by November
1142	1142
1143	1143
1144	1144
1145	1145
1146	1146
1147	1147	HB3297 - 31 - LRB103 27602 RPS 53978 b
1148	1148
1149	1149
1150	1150	HB3297- 32 -LRB103 27602 RPS 53978 b HB3297 - 32 - LRB103 27602 RPS 53978 b
1151	1151	HB3297 - 32 - LRB103 27602 RPS 53978 b
1152	1152	1 1 of each year.
1153	1153	2 (c) A member or participant is entitled to a retirement
1154	1154	3 annuity upon written application if he or she has attained age
1155	1155	4 67 (age 65, with respect to service under Article 12 that is
1156	1156	5 subject to this Section, for a member or participant under
1157	1157	6 Article 12 who first becomes a member or participant under
1158	1158	7 Article 12 on or after January 1, 2022 or who makes the
1159	1159	8 election under item (i) of subsection (d-15) of this Section)
1160	1160	9 and has at least 10 years of service credit and is otherwise
1161	1161	10 eligible under the requirements of the applicable Article.
1162	1162	11 A member or participant who has attained age 62 (age 60,
1163	1163	12 with respect to service under Article 12 that is subject to
1164	1164	13 this Section, for a member or participant under Article 12 who
1165	1165	14 first becomes a member or participant under Article 12 on or
1166	1166	15 after January 1, 2022 or who makes the election under item (i)
1167	1167	16 of subsection (d-15) of this Section) and has at least 10 years
1168	1168	17 of service credit and is otherwise eligible under the
1169	1169	18 requirements of the applicable Article may elect to receive
1170	1170	19 the lower retirement annuity provided in subsection (d) of
1171	1171	20 this Section.
1172	1172	21 (c-5) A person who first becomes a member or a participant
1173	1173	22 subject to this Section on or after July 6, 2017 (the effective
1174	1174	23 date of Public Act 100-23), notwithstanding any other
1175	1175	24 provision of this Code to the contrary, is entitled to a
1176	1176	25 retirement annuity under Article 8 or Article 11 upon written
1177	1177	26 application if he or she has attained age 65 and has at least
1178	1178
1179	1179
1180	1180
1181	1181
1182	1182
1183	1183	HB3297 - 32 - LRB103 27602 RPS 53978 b
1184	1184
1185	1185
1186	1186	HB3297- 33 -LRB103 27602 RPS 53978 b HB3297 - 33 - LRB103 27602 RPS 53978 b
1187	1187	HB3297 - 33 - LRB103 27602 RPS 53978 b
1188	1188	1 10 years of service credit and is otherwise eligible under the
1189	1189	2 requirements of Article 8 or Article 11 of this Code,
1190	1190	3 whichever is applicable.
1191	1191	4 (d) The retirement annuity of a member or participant who
1192	1192	5 is retiring after attaining age 62 (age 60, with respect to
1193	1193	6 service under Article 12 that is subject to this Section, for a
1194	1194	7 member or participant under Article 12 who first becomes a
1195	1195	8 member or participant under Article 12 on or after January 1,
1196	1196	9 2022 or who makes the election under item (i) of subsection
1197	1197	10 (d-15) of this Section) with at least 10 years of service
1198	1198	11 credit shall be reduced by one-half of 1% for each full month
1199	1199	12 that the member's age is under age 67 (age 65, with respect to
1200	1200	13 service under Article 12 that is subject to this Section, for a
1201	1201	14 member or participant under Article 12 who first becomes a
1202	1202	15 member or participant under Article 12 on or after January 1,
1203	1203	16 2022 or who makes the election under item (i) of subsection
1204	1204	17 (d-15) of this Section).
1205	1205	18 (d-5) The retirement annuity payable under Article 8 or
1206	1206	19 Article 11 to an eligible person subject to subsection (c-5)
1207	1207	20 of this Section who is retiring at age 60 with at least 10
1208	1208	21 years of service credit shall be reduced by one-half of 1% for
1209	1209	22 each full month that the member's age is under age 65.
1210	1210	23 (d-10) Each person who first became a member or
1211	1211	24 participant under Article 8 or Article 11 of this Code on or
1212	1212	25 after January 1, 2011 and prior to July 6, 2017 (the effective
1213	1213	26 date of Public Act 100-23) shall make an irrevocable election
1214	1214
1215	1215
1216	1216
1217	1217
1218	1218
1219	1219	HB3297 - 33 - LRB103 27602 RPS 53978 b
1220	1220
1221	1221
1222	1222	HB3297- 34 -LRB103 27602 RPS 53978 b HB3297 - 34 - LRB103 27602 RPS 53978 b
1223	1223	HB3297 - 34 - LRB103 27602 RPS 53978 b
1224	1224	1 either:
1225	1225	2 (i) to be eligible for the reduced retirement age
1226	1226	3 provided in subsections (c-5) and (d-5) of this Section,
1227	1227	4 the eligibility for which is conditioned upon the member
1228	1228	5 or participant agreeing to the increases in employee
1229	1229	6 contributions for age and service annuities provided in
1230	1230	7 subsection (a-5) of Section 8-174 of this Code (for
1231	1231	8 service under Article 8) or subsection (a-5) of Section
1232	1232	9 11-170 of this Code (for service under Article 11); or
1233	1233	10 (ii) to not agree to item (i) of this subsection
1234	1234	11 (d-10), in which case the member or participant shall
1235	1235	12 continue to be subject to the retirement age provisions in
1236	1236	13 subsections (c) and (d) of this Section and the employee
1237	1237	14 contributions for age and service annuity as provided in
1238	1238	15 subsection (a) of Section 8-174 of this Code (for service
1239	1239	16 under Article 8) or subsection (a) of Section 11-170 of
1240	1240	17 this Code (for service under Article 11).
1241	1241	18 The election provided for in this subsection shall be made
1242	1242	19 between October 1, 2017 and November 15, 2017. A person
1243	1243	20 subject to this subsection who makes the required election
1244	1244	21 shall remain bound by that election. A person subject to this
1245	1245	22 subsection who fails for any reason to make the required
1246	1246	23 election within the time specified in this subsection shall be
1247	1247	24 deemed to have made the election under item (ii).
1248	1248	25 (d-15) Each person who first becomes a member or
1249	1249	26 participant under Article 12 on or after January 1, 2011 and
1250	1250
1251	1251
1252	1252
1253	1253
1254	1254
1255	1255	HB3297 - 34 - LRB103 27602 RPS 53978 b
1256	1256
1257	1257
1258	1258	HB3297- 35 -LRB103 27602 RPS 53978 b HB3297 - 35 - LRB103 27602 RPS 53978 b
1259	1259	HB3297 - 35 - LRB103 27602 RPS 53978 b
1260	1260	1 prior to January 1, 2022 shall make an irrevocable election
1261	1261	2 either:
1262	1262	3 (i) to be eligible for the reduced retirement age
1263	1263	4 specified in subsections (c) and (d) of this Section, the
1264	1264	5 eligibility for which is conditioned upon the member or
1265	1265	6 participant agreeing to the increase in employee
1266	1266	7 contributions for service annuities specified in
1267	1267	8 subsection (b) of Section 12-150; or
1268	1268	9 (ii) to not agree to item (i) of this subsection
1269	1269	10 (d-15), in which case the member or participant shall not
1270	1270	11 be eligible for the reduced retirement age specified in
1271	1271	12 subsections (c) and (d) of this Section and shall not be
1272	1272	13 subject to the increase in employee contributions for
1273	1273	14 service annuities specified in subsection (b) of Section
1274	1274	15 12-150.
1275	1275	16 The election provided for in this subsection shall be made
1276	1276	17 between January 1, 2022 and April 1, 2022. A person subject to
1277	1277	18 this subsection who makes the required election shall remain
1278	1278	19 bound by that election. A person subject to this subsection
1279	1279	20 who fails for any reason to make the required election within
1280	1280	21 the time specified in this subsection shall be deemed to have
1281	1281	22 made the election under item (ii).
1282	1282	23 (e) Any retirement annuity or supplemental annuity shall
1283	1283	24 be subject to annual increases on the January 1 occurring
1284	1284	25 either on or after the attainment of age 67 (age 65, with
1285	1285	26 respect to service under Article 12 that is subject to this
1286	1286
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291	HB3297 - 35 - LRB103 27602 RPS 53978 b
1292	1292
1293	1293
1294	1294	HB3297- 36 -LRB103 27602 RPS 53978 b HB3297 - 36 - LRB103 27602 RPS 53978 b
1295	1295	HB3297 - 36 - LRB103 27602 RPS 53978 b
1296	1296	1 Section, for a member or participant under Article 12 who
1297	1297	2 first becomes a member or participant under Article 12 on or
1298	1298	3 after January 1, 2022 or who makes the election under item (i)
1299	1299	4 of subsection (d-15); and beginning on July 6, 2017 (the
1300	1300	5 effective date of Public Act 100-23), age 65 with respect to
1301	1301	6 service under Article 8 or Article 11 for eligible persons
1302	1302	7 who: (i) are subject to subsection (c-5) of this Section; or
1303	1303	8 (ii) made the election under item (i) of subsection (d-10) of
1304	1304	9 this Section) or the first anniversary of the annuity start
1305	1305	10 date, whichever is later. Each annual increase shall be
1306	1306	11 calculated at 3% or one-half the annual unadjusted percentage
1307	1307	12 increase (but not less than zero) in the consumer price
1308	1308	13 index-u for the 12 months ending with the September preceding
1309	1309	14 each November 1, whichever is less, of the originally granted
1310	1310	15 retirement annuity. If the annual unadjusted percentage change
1311	1311	16 in the consumer price index-u for the 12 months ending with the
1312	1312	17 September preceding each November 1 is zero or there is a
1313	1313	18 decrease, then the annuity shall not be increased.
1314	1314	19 For the purposes of Section 1-103.1 of this Code, the
1315	1315	20 changes made to this Section by Public Act 102-263 are
1316	1316	21 applicable without regard to whether the employee was in
1317	1317	22 active service on or after August 6, 2021 (the effective date
1318	1318	23 of Public Act 102-263).
1319	1319	24 For the purposes of Section 1-103.1 of this Code, the
1320	1320	25 changes made to this Section by Public Act 100-23 are
1321	1321	26 applicable without regard to whether the employee was in
1322	1322
1323	1323
1324	1324
1325	1325
1326	1326
1327	1327	HB3297 - 36 - LRB103 27602 RPS 53978 b
1328	1328
1329	1329
1330	1330	HB3297- 37 -LRB103 27602 RPS 53978 b HB3297 - 37 - LRB103 27602 RPS 53978 b
1331	1331	HB3297 - 37 - LRB103 27602 RPS 53978 b
1332	1332	1 active service on or after July 6, 2017 (the effective date of
1333	1333	2 Public Act 100-23).
1334	1334	3 (f) The initial survivor's or widow's annuity of an
1335	1335	4 otherwise eligible survivor or widow of a retired member or
1336	1336	5 participant who first became a member or participant on or
1337	1337	6 after January 1, 2011 shall be in the amount of 66 2/3% of the
1338	1338	7 retired member's or participant's retirement annuity at the
1339	1339	8 date of death. In the case of the death of a member or
1340	1340	9 participant who has not retired and who first became a member
1341	1341	10 or participant on or after January 1, 2011, eligibility for a
1342	1342	11 survivor's or widow's annuity shall be determined by the
1343	1343	12 applicable Article of this Code. The initial benefit shall be
1344	1344	13 66 2/3% of the earned annuity without a reduction due to age. A
1345	1345	14 child's annuity of an otherwise eligible child shall be in the
1346	1346	15 amount prescribed under each Article if applicable. Any
1347	1347	16 survivor's or widow's annuity shall be increased (1) on each
1348	1348	17 January 1 occurring on or after the commencement of the
1349	1349	18 annuity if the deceased member died while receiving a
1350	1350	19 retirement annuity or (2) in other cases, on each January 1
1351	1351	20 occurring after the first anniversary of the commencement of
1352	1352	21 the annuity. Each annual increase shall be calculated at 3% or
1353	1353	22 one-half the annual unadjusted percentage increase (but not
1354	1354	23 less than zero) in the consumer price index-u for the 12 months
1355	1355	24 ending with the September preceding each November 1, whichever
1356	1356	25 is less, of the originally granted survivor's annuity. If the
1357	1357	26 annual unadjusted percentage change in the consumer price
1358	1358
1359	1359
1360	1360
1361	1361
1362	1362
1363	1363	HB3297 - 37 - LRB103 27602 RPS 53978 b
1364	1364
1365	1365
1366	1366	HB3297- 38 -LRB103 27602 RPS 53978 b HB3297 - 38 - LRB103 27602 RPS 53978 b
1367	1367	HB3297 - 38 - LRB103 27602 RPS 53978 b
1368	1368	1 index-u for the 12 months ending with the September preceding
1369	1369	2 each November 1 is zero or there is a decrease, then the
1370	1370	3 annuity shall not be increased.
1371	1371	4 (g) The benefits in Section 14-110 apply only if the
1372	1372	5 person is a State policeman, a fire fighter in the fire
1373	1373	6 protection service of a department, a conservation police
1374	1374	7 officer, an investigator for the Secretary of State, an
1375	1375	8 investigator for the Office of the Attorney General, an arson
1376	1376	9 investigator, a Commerce Commission police officer,
1377	1377	10 investigator for the Department of Revenue or the Illinois
1378	1378	11 Gaming Board, a security employee of the Department of
1379	1379	12 Corrections or the Department of Juvenile Justice, or a
1380	1380	13 security employee of the Department of Innovation and
1381	1381	14 Technology, as those terms are defined in subsection (b) and
1382	1382	15 subsection (c) of Section 14-110. A person who meets the
1383	1383	16 requirements of this Section is entitled to an annuity
1384	1384	17 calculated under the provisions of Section 14-110, in lieu of
1385	1385	18 the regular or minimum retirement annuity, only if the person
1386	1386	19 has withdrawn from service with not less than 20 years of
1387	1387	20 eligible creditable service and has attained age 60,
1388	1388	21 regardless of whether the attainment of age 60 occurs while
1389	1389	22 the person is still in service.
1390	1390	23 (g-1) The benefits in Section 14-110 apply if the person
1391	1391	24 is a security employee of the Department of Human Services, as
1392	1392	25 those terms are defined in subsection (b) and subsection (c)
1393	1393	26 of Section 14-110. A person who meets the requirements of this
1394	1394
1395	1395
1396	1396
1397	1397
1398	1398
1399	1399	HB3297 - 38 - LRB103 27602 RPS 53978 b
1400	1400
1401	1401
1402	1402	HB3297- 39 -LRB103 27602 RPS 53978 b HB3297 - 39 - LRB103 27602 RPS 53978 b
1403	1403	HB3297 - 39 - LRB103 27602 RPS 53978 b
1404	1404	1 Section is entitled to an annuity calculated under the
1405	1405	2 provisions of Section 14-110, in lieu of the regular or
1406	1406	3 minimum retirement annuity, only if the person has withdrawn
1407	1407	4 from service with not less than 20 years of eligible
1408	1408	5 creditable service and has attained age 55, regardless of
1409	1409	6 whether the attainment of age 55 occurs while the person is
1410	1410	7 still in service.
1411	1411	8 (h) If a person who first becomes a member or a participant
1412	1412	9 of a retirement system or pension fund subject to this Section
1413	1413	10 on or after January 1, 2011 is receiving a retirement annuity
1414	1414	11 or retirement pension under that system or fund and becomes a
1415	1415	12 member or participant under any other system or fund created
1416	1416	13 by this Code and is employed on a full-time basis, except for
1417	1417	14 those members or participants exempted from the provisions of
1418	1418	15 this Section under subsection (a) of this Section, then the
1419	1419	16 person's retirement annuity or retirement pension under that
1420	1420	17 system or fund shall be suspended during that employment. Upon
1421	1421	18 termination of that employment, the person's retirement
1422	1422	19 annuity or retirement pension payments shall resume and be
1423	1423	20 recalculated if recalculation is provided for under the
1424	1424	21 applicable Article of this Code.
1425	1425	22 If a person who first becomes a member of a retirement
1426	1426	23 system or pension fund subject to this Section on or after
1427	1427	24 January 1, 2012 and is receiving a retirement annuity or
1428	1428	25 retirement pension under that system or fund and accepts on a
1429	1429	26 contractual basis a position to provide services to a
1430	1430
1431	1431
1432	1432
1433	1433
1434	1434
1435	1435	HB3297 - 39 - LRB103 27602 RPS 53978 b
1436	1436
1437	1437
1438	1438	HB3297- 40 -LRB103 27602 RPS 53978 b HB3297 - 40 - LRB103 27602 RPS 53978 b
1439	1439	HB3297 - 40 - LRB103 27602 RPS 53978 b
1440	1440	1 governmental entity from which he or she has retired, then
1441	1441	2 that person's annuity or retirement pension earned as an
1442	1442	3 active employee of the employer shall be suspended during that
1443	1443	4 contractual service. A person receiving an annuity or
1444	1444	5 retirement pension under this Code shall notify the pension
1445	1445	6 fund or retirement system from which he or she is receiving an
1446	1446	7 annuity or retirement pension, as well as his or her
1447	1447	8 contractual employer, of his or her retirement status before
1448	1448	9 accepting contractual employment. A person who fails to submit
1449	1449	10 such notification shall be guilty of a Class A misdemeanor and
1450	1450	11 required to pay a fine of $1,000. Upon termination of that
1451	1451	12 contractual employment, the person's retirement annuity or
1452	1452	13 retirement pension payments shall resume and, if appropriate,
1453	1453	14 be recalculated under the applicable provisions of this Code.
1454	1454	15 (i) (Blank).
1455	1455	16 (j) In the case of a conflict between the provisions of
1456	1456	17 this Section and any other provision of this Code, the
1457	1457	18 provisions of this Section shall control.
1458	1458	19 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
1459	1459	20 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-956, eff.
1460	1460	21 5-27-22.)
1461	1461	22 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
1462	1462	23 (Text of Section from P.A. 102-813)
1463	1463	24 Sec. 14-110. Alternative retirement annuity.
1464	1464	25 (a) Any member who has withdrawn from service with not
1465	1465
1466	1466
1467	1467
1468	1468
1469	1469
1470	1470	HB3297 - 40 - LRB103 27602 RPS 53978 b
1471	1471
1472	1472
1473	1473	HB3297- 41 -LRB103 27602 RPS 53978 b HB3297 - 41 - LRB103 27602 RPS 53978 b
1474	1474	HB3297 - 41 - LRB103 27602 RPS 53978 b
1475	1475	1 less than 20 years of eligible creditable service and has
1476	1476	2 attained age 55, and any member who has withdrawn from service
1477	1477	3 with not less than 25 years of eligible creditable service and
1478	1478	4 has attained age 50, regardless of whether the attainment of
1479	1479	5 either of the specified ages occurs while the member is still
1480	1480	6 in service, shall be entitled to receive at the option of the
1481	1481	7 member, in lieu of the regular or minimum retirement annuity,
1482	1482	8 a retirement annuity computed as follows:
1483	1483	9 (i) for periods of service as a noncovered employee:
1484	1484	10 if retirement occurs on or after January 1, 2001, 3% of
1485	1485	11 final average compensation for each year of creditable
1486	1486	12 service; if retirement occurs before January 1, 2001, 2
1487	1487	13 1/4% of final average compensation for each of the first
1488	1488	14 10 years of creditable service, 2 1/2% for each year above
1489	1489	15 10 years to and including 20 years of creditable service,
1490	1490	16 and 2 3/4% for each year of creditable service above 20
1491	1491	17 years; and
1492	1492	18 (ii) for periods of eligible creditable service as a
1493	1493	19 covered employee: if retirement occurs on or after January
1494	1494	20 1, 2001, 2.5% of final average compensation for each year
1495	1495	21 of creditable service; if retirement occurs before January
1496	1496	22 1, 2001, 1.67% of final average compensation for each of
1497	1497	23 the first 10 years of such service, 1.90% for each of the
1498	1498	24 next 10 years of such service, 2.10% for each year of such
1499	1499	25 service in excess of 20 but not exceeding 30, and 2.30% for
1500	1500	26 each year in excess of 30.
1501	1501
1502	1502
1503	1503
1504	1504
1505	1505
1506	1506	HB3297 - 41 - LRB103 27602 RPS 53978 b
1507	1507
1508	1508
1509	1509	HB3297- 42 -LRB103 27602 RPS 53978 b HB3297 - 42 - LRB103 27602 RPS 53978 b
1510	1510	HB3297 - 42 - LRB103 27602 RPS 53978 b
1511	1511	1 Such annuity shall be subject to a maximum of 75% of final
1512	1512	2 average compensation if retirement occurs before January 1,
1513	1513	3 2001 or to a maximum of 80% of final average compensation if
1514	1514	4 retirement occurs on or after January 1, 2001.
1515	1515	5 These rates shall not be applicable to any service
1516	1516	6 performed by a member as a covered employee which is not
1517	1517	7 eligible creditable service. Service as a covered employee
1518	1518	8 which is not eligible creditable service shall be subject to
1519	1519	9 the rates and provisions of Section 14-108.
1520	1520	10 (b) For the purpose of this Section, "eligible creditable
1521	1521	11 service" means creditable service resulting from service in
1522	1522	12 one or more of the following positions:
1523	1523	13 (1) State policeman;
1524	1524	14 (2) fire fighter in the fire protection service of a
1525	1525	15 department;
1526	1526	16 (3) air pilot;
1527	1527	17 (4) special agent;
1528	1528	18 (5) investigator for the Secretary of State;
1529	1529	19 (6) conservation police officer;
1530	1530	20 (7) investigator for the Department of Revenue or the
1531	1531	21 Illinois Gaming Board;
1532	1532	22 (8) security employee of the Department of Human
1533	1533	23 Services;
1534	1534	24 (9) Central Management Services security police
1535	1535	25 officer;
1536	1536	26 (10) security employee of the Department of
1537	1537
1538	1538
1539	1539
1540	1540
1541	1541
1542	1542	HB3297 - 42 - LRB103 27602 RPS 53978 b
1543	1543
1544	1544
1545	1545	HB3297- 43 -LRB103 27602 RPS 53978 b HB3297 - 43 - LRB103 27602 RPS 53978 b
1546	1546	HB3297 - 43 - LRB103 27602 RPS 53978 b
1547	1547	1 Corrections or the Department of Juvenile Justice;
1548	1548	2 (11) dangerous drugs investigator;
1549	1549	3 (12) investigator for the Illinois State Police;
1550	1550	4 (13) investigator for the Office of the Attorney
1551	1551	5 General;
1552	1552	6 (14) controlled substance inspector;
1553	1553	7 (15) investigator for the Office of the State's
1554	1554	8 Attorneys Appellate Prosecutor;
1555	1555	9 (16) Commerce Commission police officer;
1556	1556	10 (17) arson investigator;
1557	1557	11 (18) State highway maintenance worker;
1558	1558	12 (19) security employee of the Department of Innovation
1559	1559	13 and Technology; or
1560	1560	14 (20) transferred employee.
1561	1561	15 A person employed in one of the positions specified in
1562	1562	16 this subsection is entitled to eligible creditable service for
1563	1563	17 service credit earned under this Article while undergoing the
1564	1564	18 basic police training course approved by the Illinois Law
1565	1565	19 Enforcement Training Standards Board, if completion of that
1566	1566	20 training is required of persons serving in that position. For
1567	1567	21 the purposes of this Code, service during the required basic
1568	1568	22 police training course shall be deemed performance of the
1569	1569	23 duties of the specified position, even though the person is
1570	1570	24 not a sworn peace officer at the time of the training.
1571	1571	25 A person under paragraph (20) is entitled to eligible
1572	1572	26 creditable service for service credit earned under this
1573	1573
1574	1574
1575	1575
1576	1576
1577	1577
1578	1578	HB3297 - 43 - LRB103 27602 RPS 53978 b
1579	1579
1580	1580
1581	1581	HB3297- 44 -LRB103 27602 RPS 53978 b HB3297 - 44 - LRB103 27602 RPS 53978 b
1582	1582	HB3297 - 44 - LRB103 27602 RPS 53978 b
1583	1583	1 Article on and after his or her transfer by Executive Order No.
1584	1584	2 2003-10, Executive Order No. 2004-2, or Executive Order No.
1585	1585	3 2016-1.
1586	1586	4 (c) For the purposes of this Section:
1587	1587	5 (1) The term "State policeman" includes any title or
1588	1588	6 position in the Illinois State Police that is held by an
1589	1589	7 individual employed under the Illinois State Police Act.
1590	1590	8 (2) The term "fire fighter in the fire protection
1591	1591	9 service of a department" includes all officers in such
1592	1592	10 fire protection service including fire chiefs and
1593	1593	11 assistant fire chiefs.
1594	1594	12 (3) The term "air pilot" includes any employee whose
1595	1595	13 official job description on file in the Department of
1596	1596	14 Central Management Services, or in the department by which
1597	1597	15 he is employed if that department is not covered by the
1598	1598	16 Personnel Code, states that his principal duty is the
1599	1599	17 operation of aircraft, and who possesses a pilot's
1600	1600	18 license; however, the change in this definition made by
1601	1601	19 Public Act 83-842 shall not operate to exclude any
1602	1602	20 noncovered employee who was an "air pilot" for the
1603	1603	21 purposes of this Section on January 1, 1984.
1604	1604	22 (4) The term "special agent" means any person who by
1605	1605	23 reason of employment by the Division of Narcotic Control,
1606	1606	24 the Bureau of Investigation or, after July 1, 1977, the
1607	1607	25 Division of Criminal Investigation, the Division of
1608	1608	26 Internal Investigation, the Division of Operations, the
1609	1609
1610	1610
1611	1611
1612	1612
1613	1613
1614	1614	HB3297 - 44 - LRB103 27602 RPS 53978 b
1615	1615
1616	1616
1617	1617	HB3297- 45 -LRB103 27602 RPS 53978 b HB3297 - 45 - LRB103 27602 RPS 53978 b
1618	1618	HB3297 - 45 - LRB103 27602 RPS 53978 b
1619	1619	1 Division of Patrol Operations, or any other Division or
1620	1620	2 organizational entity in the Illinois State Police is
1621	1621	3 vested by law with duties to maintain public order,
1622	1622	4 investigate violations of the criminal law of this State,
1623	1623	5 enforce the laws of this State, make arrests and recover
1624	1624	6 property. The term "special agent" includes any title or
1625	1625	7 position in the Illinois State Police that is held by an
1626	1626	8 individual employed under the Illinois State Police Act.
1627	1627	9 (5) The term "investigator for the Secretary of State"
1628	1628	10 means any person employed by the Office of the Secretary
1629	1629	11 of State and vested with such investigative duties as
1630	1630	12 render him ineligible for coverage under the Social
1631	1631	13 Security Act by reason of Sections 218(d)(5)(A),
1632	1632	14 218(d)(8)(D) and 218(l)(1) of that Act.
1633	1633	15 A person who became employed as an investigator for
1634	1634	16 the Secretary of State between January 1, 1967 and
1635	1635	17 December 31, 1975, and who has served as such until
1636	1636	18 attainment of age 60, either continuously or with a single
1637	1637	19 break in service of not more than 3 years duration, which
1638	1638	20 break terminated before January 1, 1976, shall be entitled
1639	1639	21 to have his retirement annuity calculated in accordance
1640	1640	22 with subsection (a), notwithstanding that he has less than
1641	1641	23 20 years of credit for such service.
1642	1642	24 (6) The term "Conservation Police Officer" means any
1643	1643	25 person employed by the Division of Law Enforcement of the
1644	1644	26 Department of Natural Resources and vested with such law
1645	1645
1646	1646
1647	1647
1648	1648
1649	1649
1650	1650	HB3297 - 45 - LRB103 27602 RPS 53978 b
1651	1651
1652	1652
1653	1653	HB3297- 46 -LRB103 27602 RPS 53978 b HB3297 - 46 - LRB103 27602 RPS 53978 b
1654	1654	HB3297 - 46 - LRB103 27602 RPS 53978 b
1655	1655	1 enforcement duties as render him ineligible for coverage
1656	1656	2 under the Social Security Act by reason of Sections
1657	1657	3 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
1658	1658	4 term "Conservation Police Officer" includes the positions
1659	1659	5 of Chief Conservation Police Administrator and Assistant
1660	1660	6 Conservation Police Administrator.
1661	1661	7 (7) The term "investigator for the Department of
1662	1662	8 Revenue" means any person employed by the Department of
1663	1663	9 Revenue and vested with such investigative duties as
1664	1664	10 render him ineligible for coverage under the Social
1665	1665	11 Security Act by reason of Sections 218(d)(5)(A),
1666	1666	12 218(d)(8)(D) and 218(l)(1) of that Act.
1667	1667	13 The term "investigator for the Illinois Gaming Board"
1668	1668	14 means any person employed as such by the Illinois Gaming
1669	1669	15 Board and vested with such peace officer duties as render
1670	1670	16 the person ineligible for coverage under the Social
1671	1671	17 Security Act by reason of Sections 218(d)(5)(A),
1672	1672	18 218(d)(8)(D), and 218(l)(1) of that Act.
1673	1673	19 (8) The term "security employee of the Department of
1674	1674	20 Human Services" means any person employed by the
1675	1675	21 Department of Human Services who (i) is employed at the
1676	1676	22 Chester Mental Health Center and has daily contact with
1677	1677	23 the residents thereof, (ii) is employed within a security
1678	1678	24 unit at a facility operated by the Department and has
1679	1679	25 daily contact with the residents of the security unit,
1680	1680	26 (iii) is employed at a facility operated by the Department
1681	1681
1682	1682
1683	1683
1684	1684
1685	1685
1686	1686	HB3297 - 46 - LRB103 27602 RPS 53978 b
1687	1687
1688	1688
1689	1689	HB3297- 47 -LRB103 27602 RPS 53978 b HB3297 - 47 - LRB103 27602 RPS 53978 b
1690	1690	HB3297 - 47 - LRB103 27602 RPS 53978 b
1691	1691	1 that includes a security unit and is regularly scheduled
1692	1692	2 to work at least 50% of his or her working hours within
1693	1693	3 that security unit, or (iv) is a mental health police
1694	1694	4 officer. "Mental health police officer" means any person
1695	1695	5 employed by the Department of Human Services in a position
1696	1696	6 pertaining to the Department's mental health and
1697	1697	7 developmental disabilities functions who is vested with
1698	1698	8 such law enforcement duties as render the person
1699	1699	9 ineligible for coverage under the Social Security Act by
1700	1700	10 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
1701	1701	11 218(l)(1) of that Act. "Security unit" means that portion
1702	1702	12 of a facility that is devoted to the care, containment,
1703	1703	13 and treatment of persons committed to the Department of
1704	1704	14 Human Services as sexually violent persons, persons unfit
1705	1705	15 to stand trial, or persons not guilty by reason of
1706	1706	16 insanity. With respect to past employment, references to
1707	1707	17 the Department of Human Services include its predecessor,
1708	1708	18 the Department of Mental Health and Developmental
1709	1709	19 Disabilities.
1710	1710	20 The changes made to this subdivision (c)(8) by Public
1711	1711	21 Act 92-14 apply to persons who retire on or after January
1712	1712	22 1, 2001, notwithstanding Section 1-103.1.
1713	1713	23 (9) "Central Management Services security police
1714	1714	24 officer" means any person employed by the Department of
1715	1715	25 Central Management Services who is vested with such law
1716	1716	26 enforcement duties as render him ineligible for coverage
1717	1717
1718	1718
1719	1719
1720	1720
1721	1721
1722	1722	HB3297 - 47 - LRB103 27602 RPS 53978 b
1723	1723
1724	1724
1725	1725	HB3297- 48 -LRB103 27602 RPS 53978 b HB3297 - 48 - LRB103 27602 RPS 53978 b
1726	1726	HB3297 - 48 - LRB103 27602 RPS 53978 b
1727	1727	1 under the Social Security Act by reason of Sections
1728	1728	2 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
1729	1729	3 (10) For a member who first became an employee under
1730	1730	4 this Article before July 1, 2005, the term "security
1731	1731	5 employee of the Department of Corrections or the
1732	1732	6 Department of Juvenile Justice" means any employee of the
1733	1733	7 Department of Corrections or the Department of Juvenile
1734	1734	8 Justice or the former Department of Personnel, and any
1735	1735	9 member or employee of the Prisoner Review Board, who has
1736	1736	10 daily contact with inmates or youth by working within a
1737	1737	11 correctional facility or Juvenile facility operated by the
1738	1738	12 Department of Juvenile Justice or who is a parole officer
1739	1739	13 or an employee who has direct contact with committed
1740	1740	14 persons in the performance of his or her job duties. For a
1741	1741	15 member who first becomes an employee under this Article on
1742	1742	16 or after July 1, 2005, the term means an employee of the
1743	1743	17 Department of Corrections or the Department of Juvenile
1744	1744	18 Justice who is any of the following: (i) officially
1745	1745	19 headquartered at a correctional facility or Juvenile
1746	1746	20 facility operated by the Department of Juvenile Justice,
1747	1747	21 (ii) a parole officer, (iii) a member of the apprehension
1748	1748	22 unit, (iv) a member of the intelligence unit, (v) a member
1749	1749	23 of the sort team, or (vi) an investigator.
1750	1750	24 (11) The term "dangerous drugs investigator" means any
1751	1751	25 person who is employed as such by the Department of Human
1752	1752	26 Services.
1753	1753
1754	1754
1755	1755
1756	1756
1757	1757
1758	1758	HB3297 - 48 - LRB103 27602 RPS 53978 b
1759	1759
1760	1760
1761	1761	HB3297- 49 -LRB103 27602 RPS 53978 b HB3297 - 49 - LRB103 27602 RPS 53978 b
1762	1762	HB3297 - 49 - LRB103 27602 RPS 53978 b
1763	1763	1 (12) The term "investigator for the Illinois State
1764	1764	2 Police" means a person employed by the Illinois State
1765	1765	3 Police who is vested under Section 4 of the Narcotic
1766	1766	4 Control Division Abolition Act with such law enforcement
1767	1767	5 powers as render him ineligible for coverage under the
1768	1768	6 Social Security Act by reason of Sections 218(d)(5)(A),
1769	1769	7 218(d)(8)(D) and 218(l)(1) of that Act.
1770	1770	8 (13) "Investigator for the Office of the Attorney
1771	1771	9 General" means any person who is employed as such by the
1772	1772	10 Office of the Attorney General and is vested with such
1773	1773	11 investigative duties as render him ineligible for coverage
1774	1774	12 under the Social Security Act by reason of Sections
1775	1775	13 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
1776	1776	14 the period before January 1, 1989, the term includes all
1777	1777	15 persons who were employed as investigators by the Office
1778	1778	16 of the Attorney General, without regard to social security
1779	1779	17 status.
1780	1780	18 (14) "Controlled substance inspector" means any person
1781	1781	19 who is employed as such by the Department of Professional
1782	1782	20 Regulation and is vested with such law enforcement duties
1783	1783	21 as render him ineligible for coverage under the Social
1784	1784	22 Security Act by reason of Sections 218(d)(5)(A),
1785	1785	23 218(d)(8)(D) and 218(l)(1) of that Act. The term
1786	1786	24 "controlled substance inspector" includes the Program
1787	1787	25 Executive of Enforcement and the Assistant Program
1788	1788	26 Executive of Enforcement.
1789	1789
1790	1790
1791	1791
1792	1792
1793	1793
1794	1794	HB3297 - 49 - LRB103 27602 RPS 53978 b
1795	1795
1796	1796
1797	1797	HB3297- 50 -LRB103 27602 RPS 53978 b HB3297 - 50 - LRB103 27602 RPS 53978 b
1798	1798	HB3297 - 50 - LRB103 27602 RPS 53978 b
1799	1799	1 (15) The term "investigator for the Office of the
1800	1800	2 State's Attorneys Appellate Prosecutor" means a person
1801	1801	3 employed in that capacity on a full-time basis under the
1802	1802	4 authority of Section 7.06 of the State's Attorneys
1803	1803	5 Appellate Prosecutor's Act.
1804	1804	6 (16) "Commerce Commission police officer" means any
1805	1805	7 person employed by the Illinois Commerce Commission who is
1806	1806	8 vested with such law enforcement duties as render him
1807	1807	9 ineligible for coverage under the Social Security Act by
1808	1808	10 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
1809	1809	11 218(l)(1) of that Act.
1810	1810	12 (17) "Arson investigator" means any person who is
1811	1811	13 employed as such by the Office of the State Fire Marshal
1812	1812	14 and is vested with such law enforcement duties as render
1813	1813	15 the person ineligible for coverage under the Social
1814	1814	16 Security Act by reason of Sections 218(d)(5)(A),
1815	1815	17 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
1816	1816	18 employed as an arson investigator on January 1, 1995 and
1817	1817	19 is no longer in service but not yet receiving a retirement
1818	1818	20 annuity may convert his or her creditable service for
1819	1819	21 employment as an arson investigator into eligible
1820	1820	22 creditable service by paying to the System the difference
1821	1821	23 between the employee contributions actually paid for that
1822	1822	24 service and the amounts that would have been contributed
1823	1823	25 if the applicant were contributing at the rate applicable
1824	1824	26 to persons with the same social security status earning
1825	1825
1826	1826
1827	1827
1828	1828
1829	1829
1830	1830	HB3297 - 50 - LRB103 27602 RPS 53978 b
1831	1831
1832	1832
1833	1833	HB3297- 51 -LRB103 27602 RPS 53978 b HB3297 - 51 - LRB103 27602 RPS 53978 b
1834	1834	HB3297 - 51 - LRB103 27602 RPS 53978 b
1835	1835	1 eligible creditable service on the date of application.
1836	1836	2 (18) The term "State highway maintenance worker" means
1837	1837	3 a person who is either of the following:
1838	1838	4 (i) A person employed on a full-time basis by the
1839	1839	5 Illinois Department of Transportation in the position
1840	1840	6 of highway maintainer, highway maintenance lead
1841	1841	7 worker, highway maintenance lead/lead worker, heavy
1842	1842	8 construction equipment operator, power shovel
1843	1843	9 operator, or bridge mechanic; and whose principal
1844	1844	10 responsibility is to perform, on the roadway, the
1845	1845	11 actual maintenance necessary to keep the highways that
1846	1846	12 form a part of the State highway system in serviceable
1847	1847	13 condition for vehicular traffic.
1848	1848	14 (ii) A person employed on a full-time basis by the
1849	1849	15 Illinois State Toll Highway Authority in the position
1850	1850	16 of equipment operator/laborer H-4, equipment
1851	1851	17 operator/laborer H-6, welder H-4, welder H-6,
1852	1852	18 mechanical/electrical H-4, mechanical/electrical H-6,
1853	1853	19 water/sewer H-4, water/sewer H-6, sign maker/hanger
1854	1854	20 H-4, sign maker/hanger H-6, roadway lighting H-4,
1855	1855	21 roadway lighting H-6, structural H-4, structural H-6,
1856	1856	22 painter H-4, or painter H-6; and whose principal
1857	1857	23 responsibility is to perform, on the roadway, the
1858	1858	24 actual maintenance necessary to keep the Authority's
1859	1859	25 tollways in serviceable condition for vehicular
1860	1860	26 traffic.
1861	1861
1862	1862
1863	1863
1864	1864
1865	1865
1866	1866	HB3297 - 51 - LRB103 27602 RPS 53978 b
1867	1867
1868	1868
1869	1869	HB3297- 52 -LRB103 27602 RPS 53978 b HB3297 - 52 - LRB103 27602 RPS 53978 b
1870	1870	HB3297 - 52 - LRB103 27602 RPS 53978 b
1871	1871	1 (19) The term "security employee of the Department of
1872	1872	2 Innovation and Technology" means a person who was a
1873	1873	3 security employee of the Department of Corrections or the
1874	1874	4 Department of Juvenile Justice, was transferred to the
1875	1875	5 Department of Innovation and Technology pursuant to
1876	1876	6 Executive Order 2016-01, and continues to perform similar
1877	1877	7 job functions under that Department.
1878	1878	8 (20) "Transferred employee" means an employee who was
1879	1879	9 transferred to the Department of Central Management
1880	1880	10 Services by Executive Order No. 2003-10 or Executive Order
1881	1881	11 No. 2004-2 or transferred to the Department of Innovation
1882	1882	12 and Technology by Executive Order No. 2016-1, or both, and
1883	1883	13 was entitled to eligible creditable service for services
1884	1884	14 immediately preceding the transfer.
1885	1885	15 (d) A security employee of the Department of Corrections
1886	1886	16 or the Department of Juvenile Justice, a security employee of
1887	1887	17 the Department of Human Services who is not a mental health
1888	1888	18 police officer, and a security employee of the Department of
1889	1889	19 Innovation and Technology shall not be eligible for the
1890	1890	20 alternative retirement annuity provided by this Section unless
1891	1891	21 he or she meets the following minimum age and service
1892	1892	22 requirements at the time of retirement:
1893	1893	23 (i) 25 years of eligible creditable service and age
1894	1894	24 55; or
1895	1895	25 (ii) beginning January 1, 1987, 25 years of eligible
1896	1896	26 creditable service and age 54, or 24 years of eligible
1897	1897
1898	1898
1899	1899
1900	1900
1901	1901
1902	1902	HB3297 - 52 - LRB103 27602 RPS 53978 b
1903	1903
1904	1904
1905	1905	HB3297- 53 -LRB103 27602 RPS 53978 b HB3297 - 53 - LRB103 27602 RPS 53978 b
1906	1906	HB3297 - 53 - LRB103 27602 RPS 53978 b
1907	1907	1 creditable service and age 55; or
1908	1908	2 (iii) beginning January 1, 1988, 25 years of eligible
1909	1909	3 creditable service and age 53, or 23 years of eligible
1910	1910	4 creditable service and age 55; or
1911	1911	5 (iv) beginning January 1, 1989, 25 years of eligible
1912	1912	6 creditable service and age 52, or 22 years of eligible
1913	1913	7 creditable service and age 55; or
1914	1914	8 (v) beginning January 1, 1990, 25 years of eligible
1915	1915	9 creditable service and age 51, or 21 years of eligible
1916	1916	10 creditable service and age 55; or
1917	1917	11 (vi) beginning January 1, 1991, 25 years of eligible
1918	1918	12 creditable service and age 50, or 20 years of eligible
1919	1919	13 creditable service and age 55.
1920	1920	14 Persons who have service credit under Article 16 of this
1921	1921	15 Code for service as a security employee of the Department of
1922	1922	16 Corrections or the Department of Juvenile Justice, or the
1923	1923	17 Department of Human Services in a position requiring
1924	1924	18 certification as a teacher may count such service toward
1925	1925	19 establishing their eligibility under the service requirements
1926	1926	20 of this Section; but such service may be used only for
1927	1927	21 establishing such eligibility, and not for the purpose of
1928	1928	22 increasing or calculating any benefit.
1929	1929	23 (e) If a member enters military service while working in a
1930	1930	24 position in which eligible creditable service may be earned,
1931	1931	25 and returns to State service in the same or another such
1932	1932	26 position, and fulfills in all other respects the conditions
1933	1933
1934	1934
1935	1935
1936	1936
1937	1937
1938	1938	HB3297 - 53 - LRB103 27602 RPS 53978 b
1939	1939
1940	1940
1941	1941	HB3297- 54 -LRB103 27602 RPS 53978 b HB3297 - 54 - LRB103 27602 RPS 53978 b
1942	1942	HB3297 - 54 - LRB103 27602 RPS 53978 b
1943	1943	1 prescribed in this Article for credit for military service,
1944	1944	2 such military service shall be credited as eligible creditable
1945	1945	3 service for the purposes of the retirement annuity prescribed
1946	1946	4 in this Section.
1947	1947	5 (f) For purposes of calculating retirement annuities under
1948	1948	6 this Section, periods of service rendered after December 31,
1949	1949	7 1968 and before October 1, 1975 as a covered employee in the
1950	1950	8 position of special agent, conservation police officer, mental
1951	1951	9 health police officer, or investigator for the Secretary of
1952	1952	10 State, shall be deemed to have been service as a noncovered
1953	1953	11 employee, provided that the employee pays to the System prior
1954	1954	12 to retirement an amount equal to (1) the difference between
1955	1955	13 the employee contributions that would have been required for
1956	1956	14 such service as a noncovered employee, and the amount of
1957	1957	15 employee contributions actually paid, plus (2) if payment is
1958	1958	16 made after July 31, 1987, regular interest on the amount
1959	1959	17 specified in item (1) from the date of service to the date of
1960	1960	18 payment.
1961	1961	19 For purposes of calculating retirement annuities under
1962	1962	20 this Section, periods of service rendered after December 31,
1963	1963	21 1968 and before January 1, 1982 as a covered employee in the
1964	1964	22 position of investigator for the Department of Revenue shall
1965	1965	23 be deemed to have been service as a noncovered employee,
1966	1966	24 provided that the employee pays to the System prior to
1967	1967	25 retirement an amount equal to (1) the difference between the
1968	1968	26 employee contributions that would have been required for such
1969	1969
1970	1970
1971	1971
1972	1972
1973	1973
1974	1974	HB3297 - 54 - LRB103 27602 RPS 53978 b
1975	1975
1976	1976
1977	1977	HB3297- 55 -LRB103 27602 RPS 53978 b HB3297 - 55 - LRB103 27602 RPS 53978 b
1978	1978	HB3297 - 55 - LRB103 27602 RPS 53978 b
1979	1979	1 service as a noncovered employee, and the amount of employee
1980	1980	2 contributions actually paid, plus (2) if payment is made after
1981	1981	3 January 1, 1990, regular interest on the amount specified in
1982	1982	4 item (1) from the date of service to the date of payment.
1983	1983	5 (g) A State policeman may elect, not later than January 1,
1984	1984	6 1990, to establish eligible creditable service for up to 10
1985	1985	7 years of his service as a policeman under Article 3, by filing
1986	1986	8 a written election with the Board, accompanied by payment of
1987	1987	9 an amount to be determined by the Board, equal to (i) the
1988	1988	10 difference between the amount of employee and employer
1989	1989	11 contributions transferred to the System under Section 3-110.5,
1990	1990	12 and the amounts that would have been contributed had such
1991	1991	13 contributions been made at the rates applicable to State
1992	1992	14 policemen, plus (ii) interest thereon at the effective rate
1993	1993	15 for each year, compounded annually, from the date of service
1994	1994	16 to the date of payment.
1995	1995	17 Subject to the limitation in subsection (i), a State
1996	1996	18 policeman may elect, not later than July 1, 1993, to establish
1997	1997	19 eligible creditable service for up to 10 years of his service
1998	1998	20 as a member of the County Police Department under Article 9, by
1999	1999	21 filing a written election with the Board, accompanied by
2000	2000	22 payment of an amount to be determined by the Board, equal to
2001	2001	23 (i) the difference between the amount of employee and employer
2002	2002	24 contributions transferred to the System under Section 9-121.10
2003	2003	25 and the amounts that would have been contributed had those
2004	2004	26 contributions been made at the rates applicable to State
2005	2005
2006	2006
2007	2007
2008	2008
2009	2009
2010	2010	HB3297 - 55 - LRB103 27602 RPS 53978 b
2011	2011
2012	2012
2013	2013	HB3297- 56 -LRB103 27602 RPS 53978 b HB3297 - 56 - LRB103 27602 RPS 53978 b
2014	2014	HB3297 - 56 - LRB103 27602 RPS 53978 b
2015	2015	1 policemen, plus (ii) interest thereon at the effective rate
2016	2016	2 for each year, compounded annually, from the date of service
2017	2017	3 to the date of payment.
2018	2018	4 (h) Subject to the limitation in subsection (i), a State
2019	2019	5 policeman or investigator for the Secretary of State may elect
2020	2020	6 to establish eligible creditable service for up to 12 years of
2021	2021	7 his service as a policeman under Article 5, by filing a written
2022	2022	8 election with the Board on or before January 31, 1992, and
2023	2023	9 paying to the System by January 31, 1994 an amount to be
2024	2024	10 determined by the Board, equal to (i) the difference between
2025	2025	11 the amount of employee and employer contributions transferred
2026	2026	12 to the System under Section 5-236, and the amounts that would
2027	2027	13 have been contributed had such contributions been made at the
2028	2028	14 rates applicable to State policemen, plus (ii) interest
2029	2029	15 thereon at the effective rate for each year, compounded
2030	2030	16 annually, from the date of service to the date of payment.
2031	2031	17 Subject to the limitation in subsection (i), a State
2032	2032	18 policeman, conservation police officer, or investigator for
2033	2033	19 the Secretary of State may elect to establish eligible
2034	2034	20 creditable service for up to 10 years of service as a sheriff's
2035	2035	21 law enforcement employee under Article 7, by filing a written
2036	2036	22 election with the Board on or before January 31, 1993, and
2037	2037	23 paying to the System by January 31, 1994 an amount to be
2038	2038	24 determined by the Board, equal to (i) the difference between
2039	2039	25 the amount of employee and employer contributions transferred
2040	2040	26 to the System under Section 7-139.7, and the amounts that
2041	2041
2042	2042
2043	2043
2044	2044
2045	2045
2046	2046	HB3297 - 56 - LRB103 27602 RPS 53978 b
2047	2047
2048	2048
2049	2049	HB3297- 57 -LRB103 27602 RPS 53978 b HB3297 - 57 - LRB103 27602 RPS 53978 b
2050	2050	HB3297 - 57 - LRB103 27602 RPS 53978 b
2051	2051	1 would have been contributed had such contributions been made
2052	2052	2 at the rates applicable to State policemen, plus (ii) interest
2053	2053	3 thereon at the effective rate for each year, compounded
2054	2054	4 annually, from the date of service to the date of payment.
2055	2055	5 Subject to the limitation in subsection (i), a State
2056	2056	6 policeman, conservation police officer, or investigator for
2057	2057	7 the Secretary of State may elect to establish eligible
2058	2058	8 creditable service for up to 5 years of service as a police
2059	2059	9 officer under Article 3, a policeman under Article 5, a
2060	2060	10 sheriff's law enforcement employee under Article 7, a member
2061	2061	11 of the county police department under Article 9, or a police
2062	2062	12 officer under Article 15 by filing a written election with the
2063	2063	13 Board and paying to the System an amount to be determined by
2064	2064	14 the Board, equal to (i) the difference between the amount of
2065	2065	15 employee and employer contributions transferred to the System
2066	2066	16 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
2067	2067	17 and the amounts that would have been contributed had such
2068	2068	18 contributions been made at the rates applicable to State
2069	2069	19 policemen, plus (ii) interest thereon at the effective rate
2070	2070	20 for each year, compounded annually, from the date of service
2071	2071	21 to the date of payment.
2072	2072	22 Subject to the limitation in subsection (i), an
2073	2073	23 investigator for the Office of the Attorney General, or an
2074	2074	24 investigator for the Department of Revenue, may elect to
2075	2075	25 establish eligible creditable service for up to 5 years of
2076	2076	26 service as a police officer under Article 3, a policeman under
2077	2077
2078	2078
2079	2079
2080	2080
2081	2081
2082	2082	HB3297 - 57 - LRB103 27602 RPS 53978 b
2083	2083
2084	2084
2085	2085	HB3297- 58 -LRB103 27602 RPS 53978 b HB3297 - 58 - LRB103 27602 RPS 53978 b
2086	2086	HB3297 - 58 - LRB103 27602 RPS 53978 b
2087	2087	1 Article 5, a sheriff's law enforcement employee under Article
2088	2088	2 7, or a member of the county police department under Article 9
2089	2089	3 by filing a written election with the Board within 6 months
2090	2090	4 after August 25, 2009 (the effective date of Public Act
2091	2091	5 96-745) and paying to the System an amount to be determined by
2092	2092	6 the Board, equal to (i) the difference between the amount of
2093	2093	7 employee and employer contributions transferred to the System
2094	2094	8 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
2095	2095	9 amounts that would have been contributed had such
2096	2096	10 contributions been made at the rates applicable to State
2097	2097	11 policemen, plus (ii) interest thereon at the actuarially
2098	2098	12 assumed rate for each year, compounded annually, from the date
2099	2099	13 of service to the date of payment.
2100	2100	14 Subject to the limitation in subsection (i), a State
2101	2101	15 policeman, conservation police officer, investigator for the
2102	2102	16 Office of the Attorney General, an investigator for the
2103	2103	17 Department of Revenue, or investigator for the Secretary of
2104	2104	18 State may elect to establish eligible creditable service for
2105	2105	19 up to 5 years of service as a person employed by a
2106	2106	20 participating municipality to perform police duties, or law
2107	2107	21 enforcement officer employed on a full-time basis by a forest
2108	2108	22 preserve district under Article 7, a county corrections
2109	2109	23 officer, or a court services officer under Article 9, by
2110	2110	24 filing a written election with the Board within 6 months after
2111	2111	25 August 25, 2009 (the effective date of Public Act 96-745) and
2112	2112	26 paying to the System an amount to be determined by the Board,
2113	2113
2114	2114
2115	2115
2116	2116
2117	2117
2118	2118	HB3297 - 58 - LRB103 27602 RPS 53978 b
2119	2119
2120	2120
2121	2121	HB3297- 59 -LRB103 27602 RPS 53978 b HB3297 - 59 - LRB103 27602 RPS 53978 b
2122	2122	HB3297 - 59 - LRB103 27602 RPS 53978 b
2123	2123	1 equal to (i) the difference between the amount of employee and
2124	2124	2 employer contributions transferred to the System under
2125	2125	3 Sections 7-139.8 and 9-121.10 and the amounts that would have
2126	2126	4 been contributed had such contributions been made at the rates
2127	2127	5 applicable to State policemen, plus (ii) interest thereon at
2128	2128	6 the actuarially assumed rate for each year, compounded
2129	2129	7 annually, from the date of service to the date of payment.
2130	2130	8 Subject to the limitation in subsection (i), a State
2131	2131	9 policeman, arson investigator, or Commerce Commission police
2132	2132	10 officer may elect to establish eligible creditable service for
2133	2133	11 up to 5 years of service as a person employed by a
2134	2134	12 participating municipality to perform police duties under
2135	2135	13 Article 7, a county corrections officer, a court services
2136	2136	14 officer under Article 9, or a firefighter under Article 4 by
2137	2137	15 filing a written election with the Board within 6 months after
2138	2138	16 July 30, 2021 (the effective date of Public Act 102-210) and
2139	2139	17 paying to the System an amount to be determined by the Board
2140	2140	18 equal to (i) the difference between the amount of employee and
2141	2141	19 employer contributions transferred to the System under
2142	2142	20 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
2143	2143	21 would have been contributed had such contributions been made
2144	2144	22 at the rates applicable to State policemen, plus (ii) interest
2145	2145	23 thereon at the actuarially assumed rate for each year,
2146	2146	24 compounded annually, from the date of service to the date of
2147	2147	25 payment.
2148	2148	26 Subject to the limitation in subsection (i), a
2149	2149
2150	2150
2151	2151
2152	2152
2153	2153
2154	2154	HB3297 - 59 - LRB103 27602 RPS 53978 b
2155	2155
2156	2156
2157	2157	HB3297- 60 -LRB103 27602 RPS 53978 b HB3297 - 60 - LRB103 27602 RPS 53978 b
2158	2158	HB3297 - 60 - LRB103 27602 RPS 53978 b
2159	2159	1 conservation police officer may elect to establish eligible
2160	2160	2 creditable service for up to 5 years of service as a person
2161	2161	3 employed by a participating municipality to perform police
2162	2162	4 duties under Article 7, a county corrections officer, or a
2163	2163	5 court services officer under Article 9 by filing a written
2164	2164	6 election with the Board within 6 months after July 30, 2021
2165	2165	7 (the effective date of Public Act 102-210) and paying to the
2166	2166	8 System an amount to be determined by the Board equal to (i) the
2167	2167	9 difference between the amount of employee and employer
2168	2168	10 contributions transferred to the System under Sections 7-139.8
2169	2169	11 and 9-121.10 and the amounts that would have been contributed
2170	2170	12 had such contributions been made at the rates applicable to
2171	2171	13 State policemen, plus (ii) interest thereon at the actuarially
2172	2172	14 assumed rate for each year, compounded annually, from the date
2173	2173	15 of service to the date of payment.
2174	2174	16 Notwithstanding the limitation in subsection (i), a State
2175	2175	17 policeman or conservation police officer may elect to convert
2176	2176	18 service credit earned under this Article to eligible
2177	2177	19 creditable service, as defined by this Section, by filing a
2178	2178	20 written election with the board within 6 months after July 30,
2179	2179	21 2021 (the effective date of Public Act 102-210) and paying to
2180	2180	22 the System an amount to be determined by the Board equal to (i)
2181	2181	23 the difference between the amount of employee contributions
2182	2182	24 originally paid for that service and the amounts that would
2183	2183	25 have been contributed had such contributions been made at the
2184	2184	26 rates applicable to State policemen, plus (ii) the difference
2185	2185
2186	2186
2187	2187
2188	2188
2189	2189
2190	2190	HB3297 - 60 - LRB103 27602 RPS 53978 b
2191	2191
2192	2192
2193	2193	HB3297- 61 -LRB103 27602 RPS 53978 b HB3297 - 61 - LRB103 27602 RPS 53978 b
2194	2194	HB3297 - 61 - LRB103 27602 RPS 53978 b
2195	2195	1 between the employer's normal cost of the credit prior to the
2196	2196	2 conversion authorized by Public Act 102-210 and the employer's
2197	2197	3 normal cost of the credit converted in accordance with Public
2198	2198	4 Act 102-210, plus (iii) interest thereon at the actuarially
2199	2199	5 assumed rate for each year, compounded annually, from the date
2200	2200	6 of service to the date of payment.
2201	2201	7 (i) The total amount of eligible creditable service
2202	2202	8 established by any person under subsections (g), (h), (j),
2203	2203	9 (k), (l), (l-5), and (o), and (q) of this Section shall not
2204	2204	10 exceed 12 years.
2205	2205	11 (j) Subject to the limitation in subsection (i), an
2206	2206	12 investigator for the Office of the State's Attorneys Appellate
2207	2207	13 Prosecutor or a controlled substance inspector may elect to
2208	2208	14 establish eligible creditable service for up to 10 years of
2209	2209	15 his service as a policeman under Article 3 or a sheriff's law
2210	2210	16 enforcement employee under Article 7, by filing a written
2211	2211	17 election with the Board, accompanied by payment of an amount
2212	2212	18 to be determined by the Board, equal to (1) the difference
2213	2213	19 between the amount of employee and employer contributions
2214	2214	20 transferred to the System under Section 3-110.6 or 7-139.8,
2215	2215	21 and the amounts that would have been contributed had such
2216	2216	22 contributions been made at the rates applicable to State
2217	2217	23 policemen, plus (2) interest thereon at the effective rate for
2218	2218	24 each year, compounded annually, from the date of service to
2219	2219	25 the date of payment.
2220	2220	26 (k) Subject to the limitation in subsection (i) of this
2221	2221
2222	2222
2223	2223
2224	2224
2225	2225
2226	2226	HB3297 - 61 - LRB103 27602 RPS 53978 b
2227	2227
2228	2228
2229	2229	HB3297- 62 -LRB103 27602 RPS 53978 b HB3297 - 62 - LRB103 27602 RPS 53978 b
2230	2230	HB3297 - 62 - LRB103 27602 RPS 53978 b
2231	2231	1 Section, an alternative formula employee may elect to
2232	2232	2 establish eligible creditable service for periods spent as a
2233	2233	3 full-time law enforcement officer or full-time corrections
2234	2234	4 officer employed by the federal government or by a state or
2235	2235	5 local government located outside of Illinois, for which credit
2236	2236	6 is not held in any other public employee pension fund or
2237	2237	7 retirement system. To obtain this credit, the applicant must
2238	2238	8 file a written application with the Board by March 31, 1998,
2239	2239	9 accompanied by evidence of eligibility acceptable to the Board
2240	2240	10 and payment of an amount to be determined by the Board, equal
2241	2241	11 to (1) employee contributions for the credit being
2242	2242	12 established, based upon the applicant's salary on the first
2243	2243	13 day as an alternative formula employee after the employment
2244	2244	14 for which credit is being established and the rates then
2245	2245	15 applicable to alternative formula employees, plus (2) an
2246	2246	16 amount determined by the Board to be the employer's normal
2247	2247	17 cost of the benefits accrued for the credit being established,
2248	2248	18 plus (3) regular interest on the amounts in items (1) and (2)
2249	2249	19 from the first day as an alternative formula employee after
2250	2250	20 the employment for which credit is being established to the
2251	2251	21 date of payment.
2252	2252	22 (l) Subject to the limitation in subsection (i), a
2253	2253	23 security employee of the Department of Corrections may elect,
2254	2254	24 not later than July 1, 1998, to establish eligible creditable
2255	2255	25 service for up to 10 years of his or her service as a policeman
2256	2256	26 under Article 3, by filing a written election with the Board,
2257	2257
2258	2258
2259	2259
2260	2260
2261	2261
2262	2262	HB3297 - 62 - LRB103 27602 RPS 53978 b
2263	2263
2264	2264
2265	2265	HB3297- 63 -LRB103 27602 RPS 53978 b HB3297 - 63 - LRB103 27602 RPS 53978 b
2266	2266	HB3297 - 63 - LRB103 27602 RPS 53978 b
2267	2267	1 accompanied by payment of an amount to be determined by the
2268	2268	2 Board, equal to (i) the difference between the amount of
2269	2269	3 employee and employer contributions transferred to the System
2270	2270	4 under Section 3-110.5, and the amounts that would have been
2271	2271	5 contributed had such contributions been made at the rates
2272	2272	6 applicable to security employees of the Department of
2273	2273	7 Corrections, plus (ii) interest thereon at the effective rate
2274	2274	8 for each year, compounded annually, from the date of service
2275	2275	9 to the date of payment.
2276	2276	10 (l-5) Subject to the limitation in subsection (i) of this
2277	2277	11 Section, a State policeman may elect to establish eligible
2278	2278	12 creditable service for up to 5 years of service as a full-time
2279	2279	13 law enforcement officer employed by the federal government or
2280	2280	14 by a state or local government located outside of Illinois for
2281	2281	15 which credit is not held in any other public employee pension
2282	2282	16 fund or retirement system. To obtain this credit, the
2283	2283	17 applicant must file a written application with the Board no
2284	2284	18 later than 3 years after January 1, 2020 (the effective date of
2285	2285	19 Public Act 101-610), accompanied by evidence of eligibility
2286	2286	20 acceptable to the Board and payment of an amount to be
2287	2287	21 determined by the Board, equal to (1) employee contributions
2288	2288	22 for the credit being established, based upon the applicant's
2289	2289	23 salary on the first day as an alternative formula employee
2290	2290	24 after the employment for which credit is being established and
2291	2291	25 the rates then applicable to alternative formula employees,
2292	2292	26 plus (2) an amount determined by the Board to be the employer's
2293	2293
2294	2294
2295	2295
2296	2296
2297	2297
2298	2298	HB3297 - 63 - LRB103 27602 RPS 53978 b
2299	2299
2300	2300
2301	2301	HB3297- 64 -LRB103 27602 RPS 53978 b HB3297 - 64 - LRB103 27602 RPS 53978 b
2302	2302	HB3297 - 64 - LRB103 27602 RPS 53978 b
2303	2303	1 normal cost of the benefits accrued for the credit being
2304	2304	2 established, plus (3) regular interest on the amounts in items
2305	2305	3 (1) and (2) from the first day as an alternative formula
2306	2306	4 employee after the employment for which credit is being
2307	2307	5 established to the date of payment.
2308	2308	6 (m) The amendatory changes to this Section made by Public
2309	2309	7 Act 94-696 apply only to: (1) security employees of the
2310	2310	8 Department of Juvenile Justice employed by the Department of
2311	2311	9 Corrections before June 1, 2006 (the effective date of Public
2312	2312	10 Act 94-696) and transferred to the Department of Juvenile
2313	2313	11 Justice by Public Act 94-696; and (2) persons employed by the
2314	2314	12 Department of Juvenile Justice on or after June 1, 2006 (the
2315	2315	13 effective date of Public Act 94-696) who are required by
2316	2316	14 subsection (b) of Section 3-2.5-15 of the Unified Code of
2317	2317	15 Corrections to have any bachelor's or advanced degree from an
2318	2318	16 accredited college or university or, in the case of persons
2319	2319	17 who provide vocational training, who are required to have
2320	2320	18 adequate knowledge in the skill for which they are providing
2321	2321	19 the vocational training.
2322	2322	20 (n) A person employed in a position under subsection (b)
2323	2323	21 of this Section who has purchased service credit under
2324	2324	22 subsection (j) of Section 14-104 or subsection (b) of Section
2325	2325	23 14-105 in any other capacity under this Article may convert up
2326	2326	24 to 5 years of that service credit into service credit covered
2327	2327	25 under this Section by paying to the Fund an amount equal to (1)
2328	2328	26 the additional employee contribution required under Section
2329	2329
2330	2330
2331	2331
2332	2332
2333	2333
2334	2334	HB3297 - 64 - LRB103 27602 RPS 53978 b
2335	2335
2336	2336
2337	2337	HB3297- 65 -LRB103 27602 RPS 53978 b HB3297 - 65 - LRB103 27602 RPS 53978 b
2338	2338	HB3297 - 65 - LRB103 27602 RPS 53978 b
2339	2339	1 14-133, plus (2) the additional employer contribution required
2340	2340	2 under Section 14-131, plus (3) interest on items (1) and (2) at
2341	2341	3 the actuarially assumed rate from the date of the service to
2342	2342	4 the date of payment.
2343	2343	5 (o) Subject to the limitation in subsection (i), a
2344	2344	6 conservation police officer, investigator for the Secretary of
2345	2345	7 State, Commerce Commission police officer, investigator for
2346	2346	8 the Department of Revenue or the Illinois Gaming Board, or
2347	2347	9 arson investigator subject to subsection (g) of Section 1-160
2348	2348	10 may elect to convert up to 8 years of service credit
2349	2349	11 established before January 1, 2020 (the effective date of
2350	2350	12 Public Act 101-610) as a conservation police officer,
2351	2351	13 investigator for the Secretary of State, Commerce Commission
2352	2352	14 police officer, investigator for the Department of Revenue or
2353	2353	15 the Illinois Gaming Board, or arson investigator under this
2354	2354	16 Article into eligible creditable service by filing a written
2355	2355	17 election with the Board no later than one year after January 1,
2356	2356	18 2020 (the effective date of Public Act 101-610), accompanied
2357	2357	19 by payment of an amount to be determined by the Board equal to
2358	2358	20 (i) the difference between the amount of the employee
2359	2359	21 contributions actually paid for that service and the amount of
2360	2360	22 the employee contributions that would have been paid had the
2361	2361	23 employee contributions been made as a noncovered employee
2362	2362	24 serving in a position in which eligible creditable service, as
2363	2363	25 defined in this Section, may be earned, plus (ii) interest
2364	2364	26 thereon at the effective rate for each year, compounded
2365	2365
2366	2366
2367	2367
2368	2368
2369	2369
2370	2370	HB3297 - 65 - LRB103 27602 RPS 53978 b
2371	2371
2372	2372
2373	2373	HB3297- 66 -LRB103 27602 RPS 53978 b HB3297 - 66 - LRB103 27602 RPS 53978 b
2374	2374	HB3297 - 66 - LRB103 27602 RPS 53978 b
2375	2375	1 annually, from the date of service to the date of payment.
2376	2376	2 (q) Subject to the limitation in subsection (i), a
2377	2377	3 security employee of the Department of Human Services who is
2378	2378	4 subject to subsection (g-1) of Section 1-160 may elect to
2379	2379	5 convert up to 9 years of service credit established before the
2380	2380	6 effective date of this amendatory Act of the 103rd General
2381	2381	7 Assembly as a security employee of the Department of Human
2382	2382	8 Services to eligible creditable service by filing a written
2383	2383	9 election with the Board no later than one year after the
2384	2384	10 effective date of this amendatory Act of the 103rd General
2385	2385	11 Assembly, accompanied by payment of an amount, to be
2386	2386	12 determined by the Board, equal to (i) the difference between
2387	2387	13 the amount of the employee contributions actually paid for
2388	2388	14 that service and the amount of the employee contributions that
2389	2389	15 would have been paid had the employee contributions been made
2390	2390	16 as a covered employee serving in a position in which eligible
2391	2391	17 creditable service, as defined in this Section, may be earned,
2392	2392	18 plus (ii) interest thereon at the effective rate for each
2393	2393	19 year, compounded annually, from the date of service to the
2394	2394	20 date of payment.
2395	2395	21 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
2396	2396	22 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
2397	2397	23 (Text of Section from P.A. 102-856)
2398	2398	24 Sec. 14-110. Alternative retirement annuity.
2399	2399	25 (a) Any member who has withdrawn from service with not
2400	2400
2401	2401
2402	2402
2403	2403
2404	2404
2405	2405	HB3297 - 66 - LRB103 27602 RPS 53978 b
2406	2406
2407	2407
2408	2408	HB3297- 67 -LRB103 27602 RPS 53978 b HB3297 - 67 - LRB103 27602 RPS 53978 b
2409	2409	HB3297 - 67 - LRB103 27602 RPS 53978 b
2410	2410	1 less than 20 years of eligible creditable service and has
2411	2411	2 attained age 55, and any member who has withdrawn from service
2412	2412	3 with not less than 25 years of eligible creditable service and
2413	2413	4 has attained age 50, regardless of whether the attainment of
2414	2414	5 either of the specified ages occurs while the member is still
2415	2415	6 in service, shall be entitled to receive at the option of the
2416	2416	7 member, in lieu of the regular or minimum retirement annuity,
2417	2417	8 a retirement annuity computed as follows:
2418	2418	9 (i) for periods of service as a noncovered employee:
2419	2419	10 if retirement occurs on or after January 1, 2001, 3% of
2420	2420	11 final average compensation for each year of creditable
2421	2421	12 service; if retirement occurs before January 1, 2001, 2
2422	2422	13 1/4% of final average compensation for each of the first
2423	2423	14 10 years of creditable service, 2 1/2% for each year above
2424	2424	15 10 years to and including 20 years of creditable service,
2425	2425	16 and 2 3/4% for each year of creditable service above 20
2426	2426	17 years; and
2427	2427	18 (ii) for periods of eligible creditable service as a
2428	2428	19 covered employee: if retirement occurs on or after January
2429	2429	20 1, 2001, 2.5% of final average compensation for each year
2430	2430	21 of creditable service; if retirement occurs before January
2431	2431	22 1, 2001, 1.67% of final average compensation for each of
2432	2432	23 the first 10 years of such service, 1.90% for each of the
2433	2433	24 next 10 years of such service, 2.10% for each year of such
2434	2434	25 service in excess of 20 but not exceeding 30, and 2.30% for
2435	2435	26 each year in excess of 30.
2436	2436
2437	2437
2438	2438
2439	2439
2440	2440
2441	2441	HB3297 - 67 - LRB103 27602 RPS 53978 b
2442	2442
2443	2443
2444	2444	HB3297- 68 -LRB103 27602 RPS 53978 b HB3297 - 68 - LRB103 27602 RPS 53978 b
2445	2445	HB3297 - 68 - LRB103 27602 RPS 53978 b
2446	2446	1 Such annuity shall be subject to a maximum of 75% of final
2447	2447	2 average compensation if retirement occurs before January 1,
2448	2448	3 2001 or to a maximum of 80% of final average compensation if
2449	2449	4 retirement occurs on or after January 1, 2001.
2450	2450	5 These rates shall not be applicable to any service
2451	2451	6 performed by a member as a covered employee which is not
2452	2452	7 eligible creditable service. Service as a covered employee
2453	2453	8 which is not eligible creditable service shall be subject to
2454	2454	9 the rates and provisions of Section 14-108.
2455	2455	10 (b) For the purpose of this Section, "eligible creditable
2456	2456	11 service" means creditable service resulting from service in
2457	2457	12 one or more of the following positions:
2458	2458	13 (1) State policeman;
2459	2459	14 (2) fire fighter in the fire protection service of a
2460	2460	15 department;
2461	2461	16 (3) air pilot;
2462	2462	17 (4) special agent;
2463	2463	18 (5) investigator for the Secretary of State;
2464	2464	19 (6) conservation police officer;
2465	2465	20 (7) investigator for the Department of Revenue or the
2466	2466	21 Illinois Gaming Board;
2467	2467	22 (8) security employee of the Department of Human
2468	2468	23 Services;
2469	2469	24 (9) Central Management Services security police
2470	2470	25 officer;
2471	2471	26 (10) security employee of the Department of
2472	2472
2473	2473
2474	2474
2475	2475
2476	2476
2477	2477	HB3297 - 68 - LRB103 27602 RPS 53978 b
2478	2478
2479	2479
2480	2480	HB3297- 69 -LRB103 27602 RPS 53978 b HB3297 - 69 - LRB103 27602 RPS 53978 b
2481	2481	HB3297 - 69 - LRB103 27602 RPS 53978 b
2482	2482	1 Corrections or the Department of Juvenile Justice;
2483	2483	2 (11) dangerous drugs investigator;
2484	2484	3 (12) investigator for the Illinois State Police;
2485	2485	4 (13) investigator for the Office of the Attorney
2486	2486	5 General;
2487	2487	6 (14) controlled substance inspector;
2488	2488	7 (15) investigator for the Office of the State's
2489	2489	8 Attorneys Appellate Prosecutor;
2490	2490	9 (16) Commerce Commission police officer;
2491	2491	10 (17) arson investigator;
2492	2492	11 (18) State highway maintenance worker;
2493	2493	12 (19) security employee of the Department of Innovation
2494	2494	13 and Technology; or
2495	2495	14 (20) transferred employee.
2496	2496	15 A person employed in one of the positions specified in
2497	2497	16 this subsection is entitled to eligible creditable service for
2498	2498	17 service credit earned under this Article while undergoing the
2499	2499	18 basic police training course approved by the Illinois Law
2500	2500	19 Enforcement Training Standards Board, if completion of that
2501	2501	20 training is required of persons serving in that position. For
2502	2502	21 the purposes of this Code, service during the required basic
2503	2503	22 police training course shall be deemed performance of the
2504	2504	23 duties of the specified position, even though the person is
2505	2505	24 not a sworn peace officer at the time of the training.
2506	2506	25 A person under paragraph (20) is entitled to eligible
2507	2507	26 creditable service for service credit earned under this
2508	2508
2509	2509
2510	2510
2511	2511
2512	2512
2513	2513	HB3297 - 69 - LRB103 27602 RPS 53978 b
2514	2514
2515	2515
2516	2516	HB3297- 70 -LRB103 27602 RPS 53978 b HB3297 - 70 - LRB103 27602 RPS 53978 b
2517	2517	HB3297 - 70 - LRB103 27602 RPS 53978 b
2518	2518	1 Article on and after his or her transfer by Executive Order No.
2519	2519	2 2003-10, Executive Order No. 2004-2, or Executive Order No.
2520	2520	3 2016-1.
2521	2521	4 (c) For the purposes of this Section:
2522	2522	5 (1) The term "State policeman" includes any title or
2523	2523	6 position in the Illinois State Police that is held by an
2524	2524	7 individual employed under the Illinois State Police Act.
2525	2525	8 (2) The term "fire fighter in the fire protection
2526	2526	9 service of a department" includes all officers in such
2527	2527	10 fire protection service including fire chiefs and
2528	2528	11 assistant fire chiefs.
2529	2529	12 (3) The term "air pilot" includes any employee whose
2530	2530	13 official job description on file in the Department of
2531	2531	14 Central Management Services, or in the department by which
2532	2532	15 he is employed if that department is not covered by the
2533	2533	16 Personnel Code, states that his principal duty is the
2534	2534	17 operation of aircraft, and who possesses a pilot's
2535	2535	18 license; however, the change in this definition made by
2536	2536	19 Public Act 83-842 shall not operate to exclude any
2537	2537	20 noncovered employee who was an "air pilot" for the
2538	2538	21 purposes of this Section on January 1, 1984.
2539	2539	22 (4) The term "special agent" means any person who by
2540	2540	23 reason of employment by the Division of Narcotic Control,
2541	2541	24 the Bureau of Investigation or, after July 1, 1977, the
2542	2542	25 Division of Criminal Investigation, the Division of
2543	2543	26 Internal Investigation, the Division of Operations, the
2544	2544
2545	2545
2546	2546
2547	2547
2548	2548
2549	2549	HB3297 - 70 - LRB103 27602 RPS 53978 b
2550	2550
2551	2551
2552	2552	HB3297- 71 -LRB103 27602 RPS 53978 b HB3297 - 71 - LRB103 27602 RPS 53978 b
2553	2553	HB3297 - 71 - LRB103 27602 RPS 53978 b
2554	2554	1 Division of Patrol Operations, or any other Division or
2555	2555	2 organizational entity in the Illinois State Police is
2556	2556	3 vested by law with duties to maintain public order,
2557	2557	4 investigate violations of the criminal law of this State,
2558	2558	5 enforce the laws of this State, make arrests and recover
2559	2559	6 property. The term "special agent" includes any title or
2560	2560	7 position in the Illinois State Police that is held by an
2561	2561	8 individual employed under the Illinois State Police Act.
2562	2562	9 (5) The term "investigator for the Secretary of State"
2563	2563	10 means any person employed by the Office of the Secretary
2564	2564	11 of State and vested with such investigative duties as
2565	2565	12 render him ineligible for coverage under the Social
2566	2566	13 Security Act by reason of Sections 218(d)(5)(A),
2567	2567	14 218(d)(8)(D) and 218(l)(1) of that Act.
2568	2568	15 A person who became employed as an investigator for
2569	2569	16 the Secretary of State between January 1, 1967 and
2570	2570	17 December 31, 1975, and who has served as such until
2571	2571	18 attainment of age 60, either continuously or with a single
2572	2572	19 break in service of not more than 3 years duration, which
2573	2573	20 break terminated before January 1, 1976, shall be entitled
2574	2574	21 to have his retirement annuity calculated in accordance
2575	2575	22 with subsection (a), notwithstanding that he has less than
2576	2576	23 20 years of credit for such service.
2577	2577	24 (6) The term "Conservation Police Officer" means any
2578	2578	25 person employed by the Division of Law Enforcement of the
2579	2579	26 Department of Natural Resources and vested with such law
2580	2580
2581	2581
2582	2582
2583	2583
2584	2584
2585	2585	HB3297 - 71 - LRB103 27602 RPS 53978 b
2586	2586
2587	2587
2588	2588	HB3297- 72 -LRB103 27602 RPS 53978 b HB3297 - 72 - LRB103 27602 RPS 53978 b
2589	2589	HB3297 - 72 - LRB103 27602 RPS 53978 b
2590	2590	1 enforcement duties as render him ineligible for coverage
2591	2591	2 under the Social Security Act by reason of Sections
2592	2592	3 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
2593	2593	4 term "Conservation Police Officer" includes the positions
2594	2594	5 of Chief Conservation Police Administrator and Assistant
2595	2595	6 Conservation Police Administrator.
2596	2596	7 (7) The term "investigator for the Department of
2597	2597	8 Revenue" means any person employed by the Department of
2598	2598	9 Revenue and vested with such investigative duties as
2599	2599	10 render him ineligible for coverage under the Social
2600	2600	11 Security Act by reason of Sections 218(d)(5)(A),
2601	2601	12 218(d)(8)(D) and 218(l)(1) of that Act.
2602	2602	13 The term "investigator for the Illinois Gaming Board"
2603	2603	14 means any person employed as such by the Illinois Gaming
2604	2604	15 Board and vested with such peace officer duties as render
2605	2605	16 the person ineligible for coverage under the Social
2606	2606	17 Security Act by reason of Sections 218(d)(5)(A),
2607	2607	18 218(d)(8)(D), and 218(l)(1) of that Act.
2608	2608	19 (8) The term "security employee of the Department of
2609	2609	20 Human Services" means any person employed by the
2610	2610	21 Department of Human Services who (i) is employed at the
2611	2611	22 Chester Mental Health Center and has daily contact with
2612	2612	23 the residents thereof, (ii) is employed within a security
2613	2613	24 unit at a facility operated by the Department and has
2614	2614	25 daily contact with the residents of the security unit,
2615	2615	26 (iii) is employed at a facility operated by the Department
2616	2616
2617	2617
2618	2618
2619	2619
2620	2620
2621	2621	HB3297 - 72 - LRB103 27602 RPS 53978 b
2622	2622
2623	2623
2624	2624	HB3297- 73 -LRB103 27602 RPS 53978 b HB3297 - 73 - LRB103 27602 RPS 53978 b
2625	2625	HB3297 - 73 - LRB103 27602 RPS 53978 b
2626	2626	1 that includes a security unit and is regularly scheduled
2627	2627	2 to work at least 50% of his or her working hours within
2628	2628	3 that security unit, or (iv) is a mental health police
2629	2629	4 officer. "Mental health police officer" means any person
2630	2630	5 employed by the Department of Human Services in a position
2631	2631	6 pertaining to the Department's mental health and
2632	2632	7 developmental disabilities functions who is vested with
2633	2633	8 such law enforcement duties as render the person
2634	2634	9 ineligible for coverage under the Social Security Act by
2635	2635	10 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
2636	2636	11 218(l)(1) of that Act. "Security unit" means that portion
2637	2637	12 of a facility that is devoted to the care, containment,
2638	2638	13 and treatment of persons committed to the Department of
2639	2639	14 Human Services as sexually violent persons, persons unfit
2640	2640	15 to stand trial, or persons not guilty by reason of
2641	2641	16 insanity. With respect to past employment, references to
2642	2642	17 the Department of Human Services include its predecessor,
2643	2643	18 the Department of Mental Health and Developmental
2644	2644	19 Disabilities.
2645	2645	20 The changes made to this subdivision (c)(8) by Public
2646	2646	21 Act 92-14 apply to persons who retire on or after January
2647	2647	22 1, 2001, notwithstanding Section 1-103.1.
2648	2648	23 (9) "Central Management Services security police
2649	2649	24 officer" means any person employed by the Department of
2650	2650	25 Central Management Services who is vested with such law
2651	2651	26 enforcement duties as render him ineligible for coverage
2652	2652
2653	2653
2654	2654
2655	2655
2656	2656
2657	2657	HB3297 - 73 - LRB103 27602 RPS 53978 b
2658	2658
2659	2659
2660	2660	HB3297- 74 -LRB103 27602 RPS 53978 b HB3297 - 74 - LRB103 27602 RPS 53978 b
2661	2661	HB3297 - 74 - LRB103 27602 RPS 53978 b
2662	2662	1 under the Social Security Act by reason of Sections
2663	2663	2 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2664	2664	3 (10) For a member who first became an employee under
2665	2665	4 this Article before July 1, 2005, the term "security
2666	2666	5 employee of the Department of Corrections or the
2667	2667	6 Department of Juvenile Justice" means any employee of the
2668	2668	7 Department of Corrections or the Department of Juvenile
2669	2669	8 Justice or the former Department of Personnel, and any
2670	2670	9 member or employee of the Prisoner Review Board, who has
2671	2671	10 daily contact with inmates or youth by working within a
2672	2672	11 correctional facility or Juvenile facility operated by the
2673	2673	12 Department of Juvenile Justice or who is a parole officer
2674	2674	13 or an employee who has direct contact with committed
2675	2675	14 persons in the performance of his or her job duties. For a
2676	2676	15 member who first becomes an employee under this Article on
2677	2677	16 or after July 1, 2005, the term means an employee of the
2678	2678	17 Department of Corrections or the Department of Juvenile
2679	2679	18 Justice who is any of the following: (i) officially
2680	2680	19 headquartered at a correctional facility or Juvenile
2681	2681	20 facility operated by the Department of Juvenile Justice,
2682	2682	21 (ii) a parole officer, (iii) a member of the apprehension
2683	2683	22 unit, (iv) a member of the intelligence unit, (v) a member
2684	2684	23 of the sort team, or (vi) an investigator.
2685	2685	24 (11) The term "dangerous drugs investigator" means any
2686	2686	25 person who is employed as such by the Department of Human
2687	2687	26 Services.
2688	2688
2689	2689
2690	2690
2691	2691
2692	2692
2693	2693	HB3297 - 74 - LRB103 27602 RPS 53978 b
2694	2694
2695	2695
2696	2696	HB3297- 75 -LRB103 27602 RPS 53978 b HB3297 - 75 - LRB103 27602 RPS 53978 b
2697	2697	HB3297 - 75 - LRB103 27602 RPS 53978 b
2698	2698	1 (12) The term "investigator for the Illinois State
2699	2699	2 Police" means a person employed by the Illinois State
2700	2700	3 Police who is vested under Section 4 of the Narcotic
2701	2701	4 Control Division Abolition Act with such law enforcement
2702	2702	5 powers as render him ineligible for coverage under the
2703	2703	6 Social Security Act by reason of Sections 218(d)(5)(A),
2704	2704	7 218(d)(8)(D) and 218(l)(1) of that Act.
2705	2705	8 (13) "Investigator for the Office of the Attorney
2706	2706	9 General" means any person who is employed as such by the
2707	2707	10 Office of the Attorney General and is vested with such
2708	2708	11 investigative duties as render him ineligible for coverage
2709	2709	12 under the Social Security Act by reason of Sections
2710	2710	13 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
2711	2711	14 the period before January 1, 1989, the term includes all
2712	2712	15 persons who were employed as investigators by the Office
2713	2713	16 of the Attorney General, without regard to social security
2714	2714	17 status.
2715	2715	18 (14) "Controlled substance inspector" means any person
2716	2716	19 who is employed as such by the Department of Professional
2717	2717	20 Regulation and is vested with such law enforcement duties
2718	2718	21 as render him ineligible for coverage under the Social
2719	2719	22 Security Act by reason of Sections 218(d)(5)(A),
2720	2720	23 218(d)(8)(D) and 218(l)(1) of that Act. The term
2721	2721	24 "controlled substance inspector" includes the Program
2722	2722	25 Executive of Enforcement and the Assistant Program
2723	2723	26 Executive of Enforcement.
2724	2724
2725	2725
2726	2726
2727	2727
2728	2728
2729	2729	HB3297 - 75 - LRB103 27602 RPS 53978 b
2730	2730
2731	2731
2732	2732	HB3297- 76 -LRB103 27602 RPS 53978 b HB3297 - 76 - LRB103 27602 RPS 53978 b
2733	2733	HB3297 - 76 - LRB103 27602 RPS 53978 b
2734	2734	1 (15) The term "investigator for the Office of the
2735	2735	2 State's Attorneys Appellate Prosecutor" means a person
2736	2736	3 employed in that capacity on a full-time basis under the
2737	2737	4 authority of Section 7.06 of the State's Attorneys
2738	2738	5 Appellate Prosecutor's Act.
2739	2739	6 (16) "Commerce Commission police officer" means any
2740	2740	7 person employed by the Illinois Commerce Commission who is
2741	2741	8 vested with such law enforcement duties as render him
2742	2742	9 ineligible for coverage under the Social Security Act by
2743	2743	10 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
2744	2744	11 218(l)(1) of that Act.
2745	2745	12 (17) "Arson investigator" means any person who is
2746	2746	13 employed as such by the Office of the State Fire Marshal
2747	2747	14 and is vested with such law enforcement duties as render
2748	2748	15 the person ineligible for coverage under the Social
2749	2749	16 Security Act by reason of Sections 218(d)(5)(A),
2750	2750	17 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
2751	2751	18 employed as an arson investigator on January 1, 1995 and
2752	2752	19 is no longer in service but not yet receiving a retirement
2753	2753	20 annuity may convert his or her creditable service for
2754	2754	21 employment as an arson investigator into eligible
2755	2755	22 creditable service by paying to the System the difference
2756	2756	23 between the employee contributions actually paid for that
2757	2757	24 service and the amounts that would have been contributed
2758	2758	25 if the applicant were contributing at the rate applicable
2759	2759	26 to persons with the same social security status earning
2760	2760
2761	2761
2762	2762
2763	2763
2764	2764
2765	2765	HB3297 - 76 - LRB103 27602 RPS 53978 b
2766	2766
2767	2767
2768	2768	HB3297- 77 -LRB103 27602 RPS 53978 b HB3297 - 77 - LRB103 27602 RPS 53978 b
2769	2769	HB3297 - 77 - LRB103 27602 RPS 53978 b
2770	2770	1 eligible creditable service on the date of application.
2771	2771	2 (18) The term "State highway maintenance worker" means
2772	2772	3 a person who is either of the following:
2773	2773	4 (i) A person employed on a full-time basis by the
2774	2774	5 Illinois Department of Transportation in the position
2775	2775	6 of highway maintainer, highway maintenance lead
2776	2776	7 worker, highway maintenance lead/lead worker, heavy
2777	2777	8 construction equipment operator, power shovel
2778	2778	9 operator, or bridge mechanic; and whose principal
2779	2779	10 responsibility is to perform, on the roadway, the
2780	2780	11 actual maintenance necessary to keep the highways that
2781	2781	12 form a part of the State highway system in serviceable
2782	2782	13 condition for vehicular traffic.
2783	2783	14 (ii) A person employed on a full-time basis by the
2784	2784	15 Illinois State Toll Highway Authority in the position
2785	2785	16 of equipment operator/laborer H-4, equipment
2786	2786	17 operator/laborer H-6, welder H-4, welder H-6,
2787	2787	18 mechanical/electrical H-4, mechanical/electrical H-6,
2788	2788	19 water/sewer H-4, water/sewer H-6, sign maker/hanger
2789	2789	20 H-4, sign maker/hanger H-6, roadway lighting H-4,
2790	2790	21 roadway lighting H-6, structural H-4, structural H-6,
2791	2791	22 painter H-4, or painter H-6; and whose principal
2792	2792	23 responsibility is to perform, on the roadway, the
2793	2793	24 actual maintenance necessary to keep the Authority's
2794	2794	25 tollways in serviceable condition for vehicular
2795	2795	26 traffic.
2796	2796
2797	2797
2798	2798
2799	2799
2800	2800
2801	2801	HB3297 - 77 - LRB103 27602 RPS 53978 b
2802	2802
2803	2803
2804	2804	HB3297- 78 -LRB103 27602 RPS 53978 b HB3297 - 78 - LRB103 27602 RPS 53978 b
2805	2805	HB3297 - 78 - LRB103 27602 RPS 53978 b
2806	2806	1 (19) The term "security employee of the Department of
2807	2807	2 Innovation and Technology" means a person who was a
2808	2808	3 security employee of the Department of Corrections or the
2809	2809	4 Department of Juvenile Justice, was transferred to the
2810	2810	5 Department of Innovation and Technology pursuant to
2811	2811	6 Executive Order 2016-01, and continues to perform similar
2812	2812	7 job functions under that Department.
2813	2813	8 (20) "Transferred employee" means an employee who was
2814	2814	9 transferred to the Department of Central Management
2815	2815	10 Services by Executive Order No. 2003-10 or Executive Order
2816	2816	11 No. 2004-2 or transferred to the Department of Innovation
2817	2817	12 and Technology by Executive Order No. 2016-1, or both, and
2818	2818	13 was entitled to eligible creditable service for services
2819	2819	14 immediately preceding the transfer.
2820	2820	15 (d) A security employee of the Department of Corrections
2821	2821	16 or the Department of Juvenile Justice, a security employee of
2822	2822	17 the Department of Human Services who is not a mental health
2823	2823	18 police officer, and a security employee of the Department of
2824	2824	19 Innovation and Technology shall not be eligible for the
2825	2825	20 alternative retirement annuity provided by this Section unless
2826	2826	21 he or she meets the following minimum age and service
2827	2827	22 requirements at the time of retirement:
2828	2828	23 (i) 25 years of eligible creditable service and age
2829	2829	24 55; or
2830	2830	25 (ii) beginning January 1, 1987, 25 years of eligible
2831	2831	26 creditable service and age 54, or 24 years of eligible
2832	2832
2833	2833
2834	2834
2835	2835
2836	2836
2837	2837	HB3297 - 78 - LRB103 27602 RPS 53978 b
2838	2838
2839	2839
2840	2840	HB3297- 79 -LRB103 27602 RPS 53978 b HB3297 - 79 - LRB103 27602 RPS 53978 b
2841	2841	HB3297 - 79 - LRB103 27602 RPS 53978 b
2842	2842	1 creditable service and age 55; or
2843	2843	2 (iii) beginning January 1, 1988, 25 years of eligible
2844	2844	3 creditable service and age 53, or 23 years of eligible
2845	2845	4 creditable service and age 55; or
2846	2846	5 (iv) beginning January 1, 1989, 25 years of eligible
2847	2847	6 creditable service and age 52, or 22 years of eligible
2848	2848	7 creditable service and age 55; or
2849	2849	8 (v) beginning January 1, 1990, 25 years of eligible
2850	2850	9 creditable service and age 51, or 21 years of eligible
2851	2851	10 creditable service and age 55; or
2852	2852	11 (vi) beginning January 1, 1991, 25 years of eligible
2853	2853	12 creditable service and age 50, or 20 years of eligible
2854	2854	13 creditable service and age 55.
2855	2855	14 Persons who have service credit under Article 16 of this
2856	2856	15 Code for service as a security employee of the Department of
2857	2857	16 Corrections or the Department of Juvenile Justice, or the
2858	2858	17 Department of Human Services in a position requiring
2859	2859	18 certification as a teacher may count such service toward
2860	2860	19 establishing their eligibility under the service requirements
2861	2861	20 of this Section; but such service may be used only for
2862	2862	21 establishing such eligibility, and not for the purpose of
2863	2863	22 increasing or calculating any benefit.
2864	2864	23 (e) If a member enters military service while working in a
2865	2865	24 position in which eligible creditable service may be earned,
2866	2866	25 and returns to State service in the same or another such
2867	2867	26 position, and fulfills in all other respects the conditions
2868	2868
2869	2869
2870	2870
2871	2871
2872	2872
2873	2873	HB3297 - 79 - LRB103 27602 RPS 53978 b
2874	2874
2875	2875
2876	2876	HB3297- 80 -LRB103 27602 RPS 53978 b HB3297 - 80 - LRB103 27602 RPS 53978 b
2877	2877	HB3297 - 80 - LRB103 27602 RPS 53978 b
2878	2878	1 prescribed in this Article for credit for military service,
2879	2879	2 such military service shall be credited as eligible creditable
2880	2880	3 service for the purposes of the retirement annuity prescribed
2881	2881	4 in this Section.
2882	2882	5 (f) For purposes of calculating retirement annuities under
2883	2883	6 this Section, periods of service rendered after December 31,
2884	2884	7 1968 and before October 1, 1975 as a covered employee in the
2885	2885	8 position of special agent, conservation police officer, mental
2886	2886	9 health police officer, or investigator for the Secretary of
2887	2887	10 State, shall be deemed to have been service as a noncovered
2888	2888	11 employee, provided that the employee pays to the System prior
2889	2889	12 to retirement an amount equal to (1) the difference between
2890	2890	13 the employee contributions that would have been required for
2891	2891	14 such service as a noncovered employee, and the amount of
2892	2892	15 employee contributions actually paid, plus (2) if payment is
2893	2893	16 made after July 31, 1987, regular interest on the amount
2894	2894	17 specified in item (1) from the date of service to the date of
2895	2895	18 payment.
2896	2896	19 For purposes of calculating retirement annuities under
2897	2897	20 this Section, periods of service rendered after December 31,
2898	2898	21 1968 and before January 1, 1982 as a covered employee in the
2899	2899	22 position of investigator for the Department of Revenue shall
2900	2900	23 be deemed to have been service as a noncovered employee,
2901	2901	24 provided that the employee pays to the System prior to
2902	2902	25 retirement an amount equal to (1) the difference between the
2903	2903	26 employee contributions that would have been required for such
2904	2904
2905	2905
2906	2906
2907	2907
2908	2908
2909	2909	HB3297 - 80 - LRB103 27602 RPS 53978 b
2910	2910
2911	2911
2912	2912	HB3297- 81 -LRB103 27602 RPS 53978 b HB3297 - 81 - LRB103 27602 RPS 53978 b
2913	2913	HB3297 - 81 - LRB103 27602 RPS 53978 b
2914	2914	1 service as a noncovered employee, and the amount of employee
2915	2915	2 contributions actually paid, plus (2) if payment is made after
2916	2916	3 January 1, 1990, regular interest on the amount specified in
2917	2917	4 item (1) from the date of service to the date of payment.
2918	2918	5 (g) A State policeman may elect, not later than January 1,
2919	2919	6 1990, to establish eligible creditable service for up to 10
2920	2920	7 years of his service as a policeman under Article 3, by filing
2921	2921	8 a written election with the Board, accompanied by payment of
2922	2922	9 an amount to be determined by the Board, equal to (i) the
2923	2923	10 difference between the amount of employee and employer
2924	2924	11 contributions transferred to the System under Section 3-110.5,
2925	2925	12 and the amounts that would have been contributed had such
2926	2926	13 contributions been made at the rates applicable to State
2927	2927	14 policemen, plus (ii) interest thereon at the effective rate
2928	2928	15 for each year, compounded annually, from the date of service
2929	2929	16 to the date of payment.
2930	2930	17 Subject to the limitation in subsection (i), a State
2931	2931	18 policeman may elect, not later than July 1, 1993, to establish
2932	2932	19 eligible creditable service for up to 10 years of his service
2933	2933	20 as a member of the County Police Department under Article 9, by
2934	2934	21 filing a written election with the Board, accompanied by
2935	2935	22 payment of an amount to be determined by the Board, equal to
2936	2936	23 (i) the difference between the amount of employee and employer
2937	2937	24 contributions transferred to the System under Section 9-121.10
2938	2938	25 and the amounts that would have been contributed had those
2939	2939	26 contributions been made at the rates applicable to State
2940	2940
2941	2941
2942	2942
2943	2943
2944	2944
2945	2945	HB3297 - 81 - LRB103 27602 RPS 53978 b
2946	2946
2947	2947
2948	2948	HB3297- 82 -LRB103 27602 RPS 53978 b HB3297 - 82 - LRB103 27602 RPS 53978 b
2949	2949	HB3297 - 82 - LRB103 27602 RPS 53978 b
2950	2950	1 policemen, plus (ii) interest thereon at the effective rate
2951	2951	2 for each year, compounded annually, from the date of service
2952	2952	3 to the date of payment.
2953	2953	4 (h) Subject to the limitation in subsection (i), a State
2954	2954	5 policeman or investigator for the Secretary of State may elect
2955	2955	6 to establish eligible creditable service for up to 12 years of
2956	2956	7 his service as a policeman under Article 5, by filing a written
2957	2957	8 election with the Board on or before January 31, 1992, and
2958	2958	9 paying to the System by January 31, 1994 an amount to be
2959	2959	10 determined by the Board, equal to (i) the difference between
2960	2960	11 the amount of employee and employer contributions transferred
2961	2961	12 to the System under Section 5-236, and the amounts that would
2962	2962	13 have been contributed had such contributions been made at the
2963	2963	14 rates applicable to State policemen, plus (ii) interest
2964	2964	15 thereon at the effective rate for each year, compounded
2965	2965	16 annually, from the date of service to the date of payment.
2966	2966	17 Subject to the limitation in subsection (i), a State
2967	2967	18 policeman, conservation police officer, or investigator for
2968	2968	19 the Secretary of State may elect to establish eligible
2969	2969	20 creditable service for up to 10 years of service as a sheriff's
2970	2970	21 law enforcement employee under Article 7, by filing a written
2971	2971	22 election with the Board on or before January 31, 1993, and
2972	2972	23 paying to the System by January 31, 1994 an amount to be
2973	2973	24 determined by the Board, equal to (i) the difference between
2974	2974	25 the amount of employee and employer contributions transferred
2975	2975	26 to the System under Section 7-139.7, and the amounts that
2976	2976
2977	2977
2978	2978
2979	2979
2980	2980
2981	2981	HB3297 - 82 - LRB103 27602 RPS 53978 b
2982	2982
2983	2983
2984	2984	HB3297- 83 -LRB103 27602 RPS 53978 b HB3297 - 83 - LRB103 27602 RPS 53978 b
2985	2985	HB3297 - 83 - LRB103 27602 RPS 53978 b
2986	2986	1 would have been contributed had such contributions been made
2987	2987	2 at the rates applicable to State policemen, plus (ii) interest
2988	2988	3 thereon at the effective rate for each year, compounded
2989	2989	4 annually, from the date of service to the date of payment.
2990	2990	5 Subject to the limitation in subsection (i), a State
2991	2991	6 policeman, conservation police officer, or investigator for
2992	2992	7 the Secretary of State may elect to establish eligible
2993	2993	8 creditable service for up to 5 years of service as a police
2994	2994	9 officer under Article 3, a policeman under Article 5, a
2995	2995	10 sheriff's law enforcement employee under Article 7, a member
2996	2996	11 of the county police department under Article 9, or a police
2997	2997	12 officer under Article 15 by filing a written election with the
2998	2998	13 Board and paying to the System an amount to be determined by
2999	2999	14 the Board, equal to (i) the difference between the amount of
3000	3000	15 employee and employer contributions transferred to the System
3001	3001	16 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
3002	3002	17 and the amounts that would have been contributed had such
3003	3003	18 contributions been made at the rates applicable to State
3004	3004	19 policemen, plus (ii) interest thereon at the effective rate
3005	3005	20 for each year, compounded annually, from the date of service
3006	3006	21 to the date of payment.
3007	3007	22 Subject to the limitation in subsection (i), an
3008	3008	23 investigator for the Office of the Attorney General, or an
3009	3009	24 investigator for the Department of Revenue, may elect to
3010	3010	25 establish eligible creditable service for up to 5 years of
3011	3011	26 service as a police officer under Article 3, a policeman under
3012	3012
3013	3013
3014	3014
3015	3015
3016	3016
3017	3017	HB3297 - 83 - LRB103 27602 RPS 53978 b
3018	3018
3019	3019
3020	3020	HB3297- 84 -LRB103 27602 RPS 53978 b HB3297 - 84 - LRB103 27602 RPS 53978 b
3021	3021	HB3297 - 84 - LRB103 27602 RPS 53978 b
3022	3022	1 Article 5, a sheriff's law enforcement employee under Article
3023	3023	2 7, or a member of the county police department under Article 9
3024	3024	3 by filing a written election with the Board within 6 months
3025	3025	4 after August 25, 2009 (the effective date of Public Act
3026	3026	5 96-745) and paying to the System an amount to be determined by
3027	3027	6 the Board, equal to (i) the difference between the amount of
3028	3028	7 employee and employer contributions transferred to the System
3029	3029	8 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
3030	3030	9 amounts that would have been contributed had such
3031	3031	10 contributions been made at the rates applicable to State
3032	3032	11 policemen, plus (ii) interest thereon at the actuarially
3033	3033	12 assumed rate for each year, compounded annually, from the date
3034	3034	13 of service to the date of payment.
3035	3035	14 Subject to the limitation in subsection (i), a State
3036	3036	15 policeman, conservation police officer, investigator for the
3037	3037	16 Office of the Attorney General, an investigator for the
3038	3038	17 Department of Revenue, or investigator for the Secretary of
3039	3039	18 State may elect to establish eligible creditable service for
3040	3040	19 up to 5 years of service as a person employed by a
3041	3041	20 participating municipality to perform police duties, or law
3042	3042	21 enforcement officer employed on a full-time basis by a forest
3043	3043	22 preserve district under Article 7, a county corrections
3044	3044	23 officer, or a court services officer under Article 9, by
3045	3045	24 filing a written election with the Board within 6 months after
3046	3046	25 August 25, 2009 (the effective date of Public Act 96-745) and
3047	3047	26 paying to the System an amount to be determined by the Board,
3048	3048
3049	3049
3050	3050
3051	3051
3052	3052
3053	3053	HB3297 - 84 - LRB103 27602 RPS 53978 b
3054	3054
3055	3055
3056	3056	HB3297- 85 -LRB103 27602 RPS 53978 b HB3297 - 85 - LRB103 27602 RPS 53978 b
3057	3057	HB3297 - 85 - LRB103 27602 RPS 53978 b
3058	3058	1 equal to (i) the difference between the amount of employee and
3059	3059	2 employer contributions transferred to the System under
3060	3060	3 Sections 7-139.8 and 9-121.10 and the amounts that would have
3061	3061	4 been contributed had such contributions been made at the rates
3062	3062	5 applicable to State policemen, plus (ii) interest thereon at
3063	3063	6 the actuarially assumed rate for each year, compounded
3064	3064	7 annually, from the date of service to the date of payment.
3065	3065	8 Subject to the limitation in subsection (i), a State
3066	3066	9 policeman, arson investigator, or Commerce Commission police
3067	3067	10 officer may elect to establish eligible creditable service for
3068	3068	11 up to 5 years of service as a person employed by a
3069	3069	12 participating municipality to perform police duties under
3070	3070	13 Article 7, a county corrections officer, a court services
3071	3071	14 officer under Article 9, or a firefighter under Article 4 by
3072	3072	15 filing a written election with the Board within 6 months after
3073	3073	16 July 30, 2021 (the effective date of Public Act 102-210) and
3074	3074	17 paying to the System an amount to be determined by the Board
3075	3075	18 equal to (i) the difference between the amount of employee and
3076	3076	19 employer contributions transferred to the System under
3077	3077	20 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
3078	3078	21 would have been contributed had such contributions been made
3079	3079	22 at the rates applicable to State policemen, plus (ii) interest
3080	3080	23 thereon at the actuarially assumed rate for each year,
3081	3081	24 compounded annually, from the date of service to the date of
3082	3082	25 payment.
3083	3083	26 Subject to the limitation in subsection (i), a
3084	3084
3085	3085
3086	3086
3087	3087
3088	3088
3089	3089	HB3297 - 85 - LRB103 27602 RPS 53978 b
3090	3090
3091	3091
3092	3092	HB3297- 86 -LRB103 27602 RPS 53978 b HB3297 - 86 - LRB103 27602 RPS 53978 b
3093	3093	HB3297 - 86 - LRB103 27602 RPS 53978 b
3094	3094	1 conservation police officer may elect to establish eligible
3095	3095	2 creditable service for up to 5 years of service as a person
3096	3096	3 employed by a participating municipality to perform police
3097	3097	4 duties under Article 7, a county corrections officer, or a
3098	3098	5 court services officer under Article 9 by filing a written
3099	3099	6 election with the Board within 6 months after July 30, 2021
3100	3100	7 (the effective date of Public Act 102-210) and paying to the
3101	3101	8 System an amount to be determined by the Board equal to (i) the
3102	3102	9 difference between the amount of employee and employer
3103	3103	10 contributions transferred to the System under Sections 7-139.8
3104	3104	11 and 9-121.10 and the amounts that would have been contributed
3105	3105	12 had such contributions been made at the rates applicable to
3106	3106	13 State policemen, plus (ii) interest thereon at the actuarially
3107	3107	14 assumed rate for each year, compounded annually, from the date
3108	3108	15 of service to the date of payment.
3109	3109	16 Subject to the limitation in subsection (i), an
3110	3110	17 investigator for the Department of Revenue, investigator for
3111	3111	18 the Illinois Gaming Board, investigator for the Secretary of
3112	3112	19 State, or arson investigator may elect to establish eligible
3113	3113	20 creditable service for up to 5 years of service as a person
3114	3114	21 employed by a participating municipality to perform police
3115	3115	22 duties under Article 7, a county corrections officer, a court
3116	3116	23 services officer under Article 9, or a firefighter under
3117	3117	24 Article 4 by filing a written election with the Board within 6
3118	3118	25 months after the effective date of this amendatory Act of the
3119	3119	26 102nd General Assembly and paying to the System an amount to be
3120	3120
3121	3121
3122	3122
3123	3123
3124	3124
3125	3125	HB3297 - 86 - LRB103 27602 RPS 53978 b
3126	3126
3127	3127
3128	3128	HB3297- 87 -LRB103 27602 RPS 53978 b HB3297 - 87 - LRB103 27602 RPS 53978 b
3129	3129	HB3297 - 87 - LRB103 27602 RPS 53978 b
3130	3130	1 determined by the Board equal to (i) the difference between
3131	3131	2 the amount of employee and employer contributions transferred
3132	3132	3 to the System under Sections 4-108.8, 7-139.8, and 9-121.10
3133	3133	4 and the amounts that would have been contributed had such
3134	3134	5 contributions been made at the rates applicable to State
3135	3135	6 policemen, plus (ii) interest thereon at the actuarially
3136	3136	7 assumed rate for each year, compounded annually, from the date
3137	3137	8 of service to the date of payment.
3138	3138	9 Notwithstanding the limitation in subsection (i), a State
3139	3139	10 policeman or conservation police officer may elect to convert
3140	3140	11 service credit earned under this Article to eligible
3141	3141	12 creditable service, as defined by this Section, by filing a
3142	3142	13 written election with the board within 6 months after July 30,
3143	3143	14 2021 (the effective date of Public Act 102-210) and paying to
3144	3144	15 the System an amount to be determined by the Board equal to (i)
3145	3145	16 the difference between the amount of employee contributions
3146	3146	17 originally paid for that service and the amounts that would
3147	3147	18 have been contributed had such contributions been made at the
3148	3148	19 rates applicable to State policemen, plus (ii) the difference
3149	3149	20 between the employer's normal cost of the credit prior to the
3150	3150	21 conversion authorized by Public Act 102-210 and the employer's
3151	3151	22 normal cost of the credit converted in accordance with Public
3152	3152	23 Act 102-210, plus (iii) interest thereon at the actuarially
3153	3153	24 assumed rate for each year, compounded annually, from the date
3154	3154	25 of service to the date of payment.
3155	3155	26 Notwithstanding the limitation in subsection (i), an
3156	3156
3157	3157
3158	3158
3159	3159
3160	3160
3161	3161	HB3297 - 87 - LRB103 27602 RPS 53978 b
3162	3162
3163	3163
3164	3164	HB3297- 88 -LRB103 27602 RPS 53978 b HB3297 - 88 - LRB103 27602 RPS 53978 b
3165	3165	HB3297 - 88 - LRB103 27602 RPS 53978 b
3166	3166	1 investigator for the Department of Revenue, investigator for
3167	3167	2 the Illinois Gaming Board, investigator for the Secretary of
3168	3168	3 State, or arson investigator may elect to convert service
3169	3169	4 credit earned under this Article to eligible creditable
3170	3170	5 service, as defined by this Section, by filing a written
3171	3171	6 election with the Board within 6 months after the effective
3172	3172	7 date of this amendatory Act of the 102nd General Assembly and
3173	3173	8 paying to the System an amount to be determined by the Board
3174	3174	9 equal to (i) the difference between the amount of employee
3175	3175	10 contributions originally paid for that service and the amounts
3176	3176	11 that would have been contributed had such contributions been
3177	3177	12 made at the rates applicable to investigators for the
3178	3178	13 Department of Revenue, investigators for the Illinois Gaming
3179	3179	14 Board, investigators for the Secretary of State, or arson
3180	3180	15 investigators, plus (ii) the difference between the employer's
3181	3181	16 normal cost of the credit prior to the conversion authorized
3182	3182	17 by this amendatory Act of the 102nd General Assembly and the
3183	3183	18 employer's normal cost of the credit converted in accordance
3184	3184	19 with this amendatory Act of the 102nd General Assembly, plus
3185	3185	20 (iii) interest thereon at the actuarially assumed rate for
3186	3186	21 each year, compounded annually, from the date of service to
3187	3187	22 the date of payment.
3188	3188	23 (i) The total amount of eligible creditable service
3189	3189	24 established by any person under subsections (g), (h), (j),
3190	3190	25 (k), (l), (l-5), and (o), and (q) of this Section shall not
3191	3191	26 exceed 12 years.
3192	3192
3193	3193
3194	3194
3195	3195
3196	3196
3197	3197	HB3297 - 88 - LRB103 27602 RPS 53978 b
3198	3198
3199	3199
3200	3200	HB3297- 89 -LRB103 27602 RPS 53978 b HB3297 - 89 - LRB103 27602 RPS 53978 b
3201	3201	HB3297 - 89 - LRB103 27602 RPS 53978 b
3202	3202	1 (j) Subject to the limitation in subsection (i), an
3203	3203	2 investigator for the Office of the State's Attorneys Appellate
3204	3204	3 Prosecutor or a controlled substance inspector may elect to
3205	3205	4 establish eligible creditable service for up to 10 years of
3206	3206	5 his service as a policeman under Article 3 or a sheriff's law
3207	3207	6 enforcement employee under Article 7, by filing a written
3208	3208	7 election with the Board, accompanied by payment of an amount
3209	3209	8 to be determined by the Board, equal to (1) the difference
3210	3210	9 between the amount of employee and employer contributions
3211	3211	10 transferred to the System under Section 3-110.6 or 7-139.8,
3212	3212	11 and the amounts that would have been contributed had such
3213	3213	12 contributions been made at the rates applicable to State
3214	3214	13 policemen, plus (2) interest thereon at the effective rate for
3215	3215	14 each year, compounded annually, from the date of service to
3216	3216	15 the date of payment.
3217	3217	16 (k) Subject to the limitation in subsection (i) of this
3218	3218	17 Section, an alternative formula employee may elect to
3219	3219	18 establish eligible creditable service for periods spent as a
3220	3220	19 full-time law enforcement officer or full-time corrections
3221	3221	20 officer employed by the federal government or by a state or
3222	3222	21 local government located outside of Illinois, for which credit
3223	3223	22 is not held in any other public employee pension fund or
3224	3224	23 retirement system. To obtain this credit, the applicant must
3225	3225	24 file a written application with the Board by March 31, 1998,
3226	3226	25 accompanied by evidence of eligibility acceptable to the Board
3227	3227	26 and payment of an amount to be determined by the Board, equal
3228	3228
3229	3229
3230	3230
3231	3231
3232	3232
3233	3233	HB3297 - 89 - LRB103 27602 RPS 53978 b
3234	3234
3235	3235
3236	3236	HB3297- 90 -LRB103 27602 RPS 53978 b HB3297 - 90 - LRB103 27602 RPS 53978 b
3237	3237	HB3297 - 90 - LRB103 27602 RPS 53978 b
3238	3238	1 to (1) employee contributions for the credit being
3239	3239	2 established, based upon the applicant's salary on the first
3240	3240	3 day as an alternative formula employee after the employment
3241	3241	4 for which credit is being established and the rates then
3242	3242	5 applicable to alternative formula employees, plus (2) an
3243	3243	6 amount determined by the Board to be the employer's normal
3244	3244	7 cost of the benefits accrued for the credit being established,
3245	3245	8 plus (3) regular interest on the amounts in items (1) and (2)
3246	3246	9 from the first day as an alternative formula employee after
3247	3247	10 the employment for which credit is being established to the
3248	3248	11 date of payment.
3249	3249	12 (l) Subject to the limitation in subsection (i), a
3250	3250	13 security employee of the Department of Corrections may elect,
3251	3251	14 not later than July 1, 1998, to establish eligible creditable
3252	3252	15 service for up to 10 years of his or her service as a policeman
3253	3253	16 under Article 3, by filing a written election with the Board,
3254	3254	17 accompanied by payment of an amount to be determined by the
3255	3255	18 Board, equal to (i) the difference between the amount of
3256	3256	19 employee and employer contributions transferred to the System
3257	3257	20 under Section 3-110.5, and the amounts that would have been
3258	3258	21 contributed had such contributions been made at the rates
3259	3259	22 applicable to security employees of the Department of
3260	3260	23 Corrections, plus (ii) interest thereon at the effective rate
3261	3261	24 for each year, compounded annually, from the date of service
3262	3262	25 to the date of payment.
3263	3263	26 (l-5) Subject to the limitation in subsection (i) of this
3264	3264
3265	3265
3266	3266
3267	3267
3268	3268
3269	3269	HB3297 - 90 - LRB103 27602 RPS 53978 b
3270	3270
3271	3271
3272	3272	HB3297- 91 -LRB103 27602 RPS 53978 b HB3297 - 91 - LRB103 27602 RPS 53978 b
3273	3273	HB3297 - 91 - LRB103 27602 RPS 53978 b
3274	3274	1 Section, a State policeman may elect to establish eligible
3275	3275	2 creditable service for up to 5 years of service as a full-time
3276	3276	3 law enforcement officer employed by the federal government or
3277	3277	4 by a state or local government located outside of Illinois for
3278	3278	5 which credit is not held in any other public employee pension
3279	3279	6 fund or retirement system. To obtain this credit, the
3280	3280	7 applicant must file a written application with the Board no
3281	3281	8 later than 3 years after January 1, 2020 (the effective date of
3282	3282	9 Public Act 101-610), accompanied by evidence of eligibility
3283	3283	10 acceptable to the Board and payment of an amount to be
3284	3284	11 determined by the Board, equal to (1) employee contributions
3285	3285	12 for the credit being established, based upon the applicant's
3286	3286	13 salary on the first day as an alternative formula employee
3287	3287	14 after the employment for which credit is being established and
3288	3288	15 the rates then applicable to alternative formula employees,
3289	3289	16 plus (2) an amount determined by the Board to be the employer's
3290	3290	17 normal cost of the benefits accrued for the credit being
3291	3291	18 established, plus (3) regular interest on the amounts in items
3292	3292	19 (1) and (2) from the first day as an alternative formula
3293	3293	20 employee after the employment for which credit is being
3294	3294	21 established to the date of payment.
3295	3295	22 (m) The amendatory changes to this Section made by Public
3296	3296	23 Act 94-696 apply only to: (1) security employees of the
3297	3297	24 Department of Juvenile Justice employed by the Department of
3298	3298	25 Corrections before June 1, 2006 (the effective date of Public
3299	3299	26 Act 94-696) and transferred to the Department of Juvenile
3300	3300
3301	3301
3302	3302
3303	3303
3304	3304
3305	3305	HB3297 - 91 - LRB103 27602 RPS 53978 b
3306	3306
3307	3307
3308	3308	HB3297- 92 -LRB103 27602 RPS 53978 b HB3297 - 92 - LRB103 27602 RPS 53978 b
3309	3309	HB3297 - 92 - LRB103 27602 RPS 53978 b
3310	3310	1 Justice by Public Act 94-696; and (2) persons employed by the
3311	3311	2 Department of Juvenile Justice on or after June 1, 2006 (the
3312	3312	3 effective date of Public Act 94-696) who are required by
3313	3313	4 subsection (b) of Section 3-2.5-15 of the Unified Code of
3314	3314	5 Corrections to have any bachelor's or advanced degree from an
3315	3315	6 accredited college or university or, in the case of persons
3316	3316	7 who provide vocational training, who are required to have
3317	3317	8 adequate knowledge in the skill for which they are providing
3318	3318	9 the vocational training.
3319	3319	10 (n) A person employed in a position under subsection (b)
3320	3320	11 of this Section who has purchased service credit under
3321	3321	12 subsection (j) of Section 14-104 or subsection (b) of Section
3322	3322	13 14-105 in any other capacity under this Article may convert up
3323	3323	14 to 5 years of that service credit into service credit covered
3324	3324	15 under this Section by paying to the Fund an amount equal to (1)
3325	3325	16 the additional employee contribution required under Section
3326	3326	17 14-133, plus (2) the additional employer contribution required
3327	3327	18 under Section 14-131, plus (3) interest on items (1) and (2) at
3328	3328	19 the actuarially assumed rate from the date of the service to
3329	3329	20 the date of payment.
3330	3330	21 (o) Subject to the limitation in subsection (i), a
3331	3331	22 conservation police officer, investigator for the Secretary of
3332	3332	23 State, Commerce Commission police officer, investigator for
3333	3333	24 the Department of Revenue or the Illinois Gaming Board, or
3334	3334	25 arson investigator subject to subsection (g) of Section 1-160
3335	3335	26 may elect to convert up to 8 years of service credit
3336	3336
3337	3337
3338	3338
3339	3339
3340	3340
3341	3341	HB3297 - 92 - LRB103 27602 RPS 53978 b
3342	3342
3343	3343
3344	3344	HB3297- 93 -LRB103 27602 RPS 53978 b HB3297 - 93 - LRB103 27602 RPS 53978 b
3345	3345	HB3297 - 93 - LRB103 27602 RPS 53978 b
3346	3346	1 established before January 1, 2020 (the effective date of
3347	3347	2 Public Act 101-610) as a conservation police officer,
3348	3348	3 investigator for the Secretary of State, Commerce Commission
3349	3349	4 police officer, investigator for the Department of Revenue or
3350	3350	5 the Illinois Gaming Board, or arson investigator under this
3351	3351	6 Article into eligible creditable service by filing a written
3352	3352	7 election with the Board no later than one year after January 1,
3353	3353	8 2020 (the effective date of Public Act 101-610), accompanied
3354	3354	9 by payment of an amount to be determined by the Board equal to
3355	3355	10 (i) the difference between the amount of the employee
3356	3356	11 contributions actually paid for that service and the amount of
3357	3357	12 the employee contributions that would have been paid had the
3358	3358	13 employee contributions been made as a noncovered employee
3359	3359	14 serving in a position in which eligible creditable service, as
3360	3360	15 defined in this Section, may be earned, plus (ii) interest
3361	3361	16 thereon at the effective rate for each year, compounded
3362	3362	17 annually, from the date of service to the date of payment.
3363	3363	18 (q) Subject to the limitation in subsection (i), a
3364	3364	19 security employee of the Department of Human Services who is
3365	3365	20 subject to subsection (g-1) of Section 1-160 may elect to
3366	3366	21 convert up to 9 years of service credit established before the
3367	3367	22 effective date of this amendatory Act of the 103rd General
3368	3368	23 Assembly as a security employee of the Department of Human
3369	3369	24 Services to eligible creditable service by filing a written
3370	3370	25 election with the Board no later than one year after the
3371	3371	26 effective date of this amendatory Act of the 103rd General
3372	3372
3373	3373
3374	3374
3375	3375
3376	3376
3377	3377	HB3297 - 93 - LRB103 27602 RPS 53978 b
3378	3378
3379	3379
3380	3380	HB3297- 94 -LRB103 27602 RPS 53978 b HB3297 - 94 - LRB103 27602 RPS 53978 b
3381	3381	HB3297 - 94 - LRB103 27602 RPS 53978 b
3382	3382	1 Assembly, accompanied by payment of an amount, to be
3383	3383	2 determined by the Board, equal to (i) the difference between
3384	3384	3 the amount of the employee contributions actually paid for
3385	3385	4 that service and the amount of the employee contributions that
3386	3386	5 would have been paid had the employee contributions been made
3387	3387	6 as a covered employee serving in a position in which eligible
3388	3388	7 creditable service, as defined in this Section, may be earned,
3389	3389	8 plus (ii) interest thereon at the effective rate for each
3390	3390	9 year, compounded annually, from the date of service to the
3391	3391	10 date of payment.
3392	3392	11 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
3393	3393	12 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
3394	3394	13 (Text of Section from P.A. 102-956)
3395	3395	14 Sec. 14-110. Alternative retirement annuity.
3396	3396	15 (a) Any member who has withdrawn from service with not
3397	3397	16 less than 20 years of eligible creditable service and has
3398	3398	17 attained age 55, and any member who has withdrawn from service
3399	3399	18 with not less than 25 years of eligible creditable service and
3400	3400	19 has attained age 50, regardless of whether the attainment of
3401	3401	20 either of the specified ages occurs while the member is still
3402	3402	21 in service, shall be entitled to receive at the option of the
3403	3403	22 member, in lieu of the regular or minimum retirement annuity,
3404	3404	23 a retirement annuity computed as follows:
3405	3405	24 (i) for periods of service as a noncovered employee:
3406	3406	25 if retirement occurs on or after January 1, 2001, 3% of
3407	3407
3408	3408
3409	3409
3410	3410
3411	3411
3412	3412	HB3297 - 94 - LRB103 27602 RPS 53978 b
3413	3413
3414	3414
3415	3415	HB3297- 95 -LRB103 27602 RPS 53978 b HB3297 - 95 - LRB103 27602 RPS 53978 b
3416	3416	HB3297 - 95 - LRB103 27602 RPS 53978 b
3417	3417	1 final average compensation for each year of creditable
3418	3418	2 service; if retirement occurs before January 1, 2001, 2
3419	3419	3 1/4% of final average compensation for each of the first
3420	3420	4 10 years of creditable service, 2 1/2% for each year above
3421	3421	5 10 years to and including 20 years of creditable service,
3422	3422	6 and 2 3/4% for each year of creditable service above 20
3423	3423	7 years; and
3424	3424	8 (ii) for periods of eligible creditable service as a
3425	3425	9 covered employee: if retirement occurs on or after January
3426	3426	10 1, 2001, 2.5% of final average compensation for each year
3427	3427	11 of creditable service; if retirement occurs before January
3428	3428	12 1, 2001, 1.67% of final average compensation for each of
3429	3429	13 the first 10 years of such service, 1.90% for each of the
3430	3430	14 next 10 years of such service, 2.10% for each year of such
3431	3431	15 service in excess of 20 but not exceeding 30, and 2.30% for
3432	3432	16 each year in excess of 30.
3433	3433	17 Such annuity shall be subject to a maximum of 75% of final
3434	3434	18 average compensation if retirement occurs before January 1,
3435	3435	19 2001 or to a maximum of 80% of final average compensation if
3436	3436	20 retirement occurs on or after January 1, 2001.
3437	3437	21 These rates shall not be applicable to any service
3438	3438	22 performed by a member as a covered employee which is not
3439	3439	23 eligible creditable service. Service as a covered employee
3440	3440	24 which is not eligible creditable service shall be subject to
3441	3441	25 the rates and provisions of Section 14-108.
3442	3442	26 (b) For the purpose of this Section, "eligible creditable
3443	3443
3444	3444
3445	3445
3446	3446
3447	3447
3448	3448	HB3297 - 95 - LRB103 27602 RPS 53978 b
3449	3449
3450	3450
3451	3451	HB3297- 96 -LRB103 27602 RPS 53978 b HB3297 - 96 - LRB103 27602 RPS 53978 b
3452	3452	HB3297 - 96 - LRB103 27602 RPS 53978 b
3453	3453	1 service" means creditable service resulting from service in
3454	3454	2 one or more of the following positions:
3455	3455	3 (1) State policeman;
3456	3456	4 (2) fire fighter in the fire protection service of a
3457	3457	5 department;
3458	3458	6 (3) air pilot;
3459	3459	7 (4) special agent;
3460	3460	8 (5) investigator for the Secretary of State;
3461	3461	9 (6) conservation police officer;
3462	3462	10 (7) investigator for the Department of Revenue or the
3463	3463	11 Illinois Gaming Board;
3464	3464	12 (8) security employee of the Department of Human
3465	3465	13 Services;
3466	3466	14 (9) Central Management Services security police
3467	3467	15 officer;
3468	3468	16 (10) security employee of the Department of
3469	3469	17 Corrections or the Department of Juvenile Justice;
3470	3470	18 (11) dangerous drugs investigator;
3471	3471	19 (12) investigator for the Illinois State Police;
3472	3472	20 (13) investigator for the Office of the Attorney
3473	3473	21 General;
3474	3474	22 (14) controlled substance inspector;
3475	3475	23 (15) investigator for the Office of the State's
3476	3476	24 Attorneys Appellate Prosecutor;
3477	3477	25 (16) Commerce Commission police officer;
3478	3478	26 (17) arson investigator;
3479	3479
3480	3480
3481	3481
3482	3482
3483	3483
3484	3484	HB3297 - 96 - LRB103 27602 RPS 53978 b
3485	3485
3486	3486
3487	3487	HB3297- 97 -LRB103 27602 RPS 53978 b HB3297 - 97 - LRB103 27602 RPS 53978 b
3488	3488	HB3297 - 97 - LRB103 27602 RPS 53978 b
3489	3489	1 (18) State highway maintenance worker;
3490	3490	2 (19) security employee of the Department of Innovation
3491	3491	3 and Technology; or
3492	3492	4 (20) transferred employee.
3493	3493	5 A person employed in one of the positions specified in
3494	3494	6 this subsection is entitled to eligible creditable service for
3495	3495	7 service credit earned under this Article while undergoing the
3496	3496	8 basic police training course approved by the Illinois Law
3497	3497	9 Enforcement Training Standards Board, if completion of that
3498	3498	10 training is required of persons serving in that position. For
3499	3499	11 the purposes of this Code, service during the required basic
3500	3500	12 police training course shall be deemed performance of the
3501	3501	13 duties of the specified position, even though the person is
3502	3502	14 not a sworn peace officer at the time of the training.
3503	3503	15 A person under paragraph (20) is entitled to eligible
3504	3504	16 creditable service for service credit earned under this
3505	3505	17 Article on and after his or her transfer by Executive Order No.
3506	3506	18 2003-10, Executive Order No. 2004-2, or Executive Order No.
3507	3507	19 2016-1.
3508	3508	20 (c) For the purposes of this Section:
3509	3509	21 (1) The term "State policeman" includes any title or
3510	3510	22 position in the Illinois State Police that is held by an
3511	3511	23 individual employed under the Illinois State Police Act.
3512	3512	24 (2) The term "fire fighter in the fire protection
3513	3513	25 service of a department" includes all officers in such
3514	3514	26 fire protection service including fire chiefs and
3515	3515
3516	3516
3517	3517
3518	3518
3519	3519
3520	3520	HB3297 - 97 - LRB103 27602 RPS 53978 b
3521	3521
3522	3522
3523	3523	HB3297- 98 -LRB103 27602 RPS 53978 b HB3297 - 98 - LRB103 27602 RPS 53978 b
3524	3524	HB3297 - 98 - LRB103 27602 RPS 53978 b
3525	3525	1 assistant fire chiefs.
3526	3526	2 (3) The term "air pilot" includes any employee whose
3527	3527	3 official job description on file in the Department of
3528	3528	4 Central Management Services, or in the department by which
3529	3529	5 he is employed if that department is not covered by the
3530	3530	6 Personnel Code, states that his principal duty is the
3531	3531	7 operation of aircraft, and who possesses a pilot's
3532	3532	8 license; however, the change in this definition made by
3533	3533	9 Public Act 83-842 shall not operate to exclude any
3534	3534	10 noncovered employee who was an "air pilot" for the
3535	3535	11 purposes of this Section on January 1, 1984.
3536	3536	12 (4) The term "special agent" means any person who by
3537	3537	13 reason of employment by the Division of Narcotic Control,
3538	3538	14 the Bureau of Investigation or, after July 1, 1977, the
3539	3539	15 Division of Criminal Investigation, the Division of
3540	3540	16 Internal Investigation, the Division of Operations, the
3541	3541	17 Division of Patrol Operations, or any other Division or
3542	3542	18 organizational entity in the Illinois State Police is
3543	3543	19 vested by law with duties to maintain public order,
3544	3544	20 investigate violations of the criminal law of this State,
3545	3545	21 enforce the laws of this State, make arrests and recover
3546	3546	22 property. The term "special agent" includes any title or
3547	3547	23 position in the Illinois State Police that is held by an
3548	3548	24 individual employed under the Illinois State Police Act.
3549	3549	25 (5) The term "investigator for the Secretary of State"
3550	3550	26 means any person employed by the Office of the Secretary
3551	3551
3552	3552
3553	3553
3554	3554
3555	3555
3556	3556	HB3297 - 98 - LRB103 27602 RPS 53978 b
3557	3557
3558	3558
3559	3559	HB3297- 99 -LRB103 27602 RPS 53978 b HB3297 - 99 - LRB103 27602 RPS 53978 b
3560	3560	HB3297 - 99 - LRB103 27602 RPS 53978 b
3561	3561	1 of State and vested with such investigative duties as
3562	3562	2 render him ineligible for coverage under the Social
3563	3563	3 Security Act by reason of Sections 218(d)(5)(A),
3564	3564	4 218(d)(8)(D) and 218(l)(1) of that Act.
3565	3565	5 A person who became employed as an investigator for
3566	3566	6 the Secretary of State between January 1, 1967 and
3567	3567	7 December 31, 1975, and who has served as such until
3568	3568	8 attainment of age 60, either continuously or with a single
3569	3569	9 break in service of not more than 3 years duration, which
3570	3570	10 break terminated before January 1, 1976, shall be entitled
3571	3571	11 to have his retirement annuity calculated in accordance
3572	3572	12 with subsection (a), notwithstanding that he has less than
3573	3573	13 20 years of credit for such service.
3574	3574	14 (6) The term "Conservation Police Officer" means any
3575	3575	15 person employed by the Division of Law Enforcement of the
3576	3576	16 Department of Natural Resources and vested with such law
3577	3577	17 enforcement duties as render him ineligible for coverage
3578	3578	18 under the Social Security Act by reason of Sections
3579	3579	19 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
3580	3580	20 term "Conservation Police Officer" includes the positions
3581	3581	21 of Chief Conservation Police Administrator and Assistant
3582	3582	22 Conservation Police Administrator.
3583	3583	23 (7) The term "investigator for the Department of
3584	3584	24 Revenue" means any person employed by the Department of
3585	3585	25 Revenue and vested with such investigative duties as
3586	3586	26 render him ineligible for coverage under the Social
3587	3587
3588	3588
3589	3589
3590	3590
3591	3591
3592	3592	HB3297 - 99 - LRB103 27602 RPS 53978 b
3593	3593
3594	3594
3595	3595	HB3297- 100 -LRB103 27602 RPS 53978 b HB3297 - 100 - LRB103 27602 RPS 53978 b
3596	3596	HB3297 - 100 - LRB103 27602 RPS 53978 b
3597	3597	1 Security Act by reason of Sections 218(d)(5)(A),
3598	3598	2 218(d)(8)(D) and 218(l)(1) of that Act.
3599	3599	3 The term "investigator for the Illinois Gaming Board"
3600	3600	4 means any person employed as such by the Illinois Gaming
3601	3601	5 Board and vested with such peace officer duties as render
3602	3602	6 the person ineligible for coverage under the Social
3603	3603	7 Security Act by reason of Sections 218(d)(5)(A),
3604	3604	8 218(d)(8)(D), and 218(l)(1) of that Act.
3605	3605	9 (8) The term "security employee of the Department of
3606	3606	10 Human Services" means any person employed by the
3607	3607	11 Department of Human Services who (i) is employed at the
3608	3608	12 Chester Mental Health Center and has daily contact with
3609	3609	13 the residents thereof, (ii) is employed within a security
3610	3610	14 unit at a facility operated by the Department and has
3611	3611	15 daily contact with the residents of the security unit,
3612	3612	16 (iii) is employed at a facility operated by the Department
3613	3613	17 that includes a security unit and is regularly scheduled
3614	3614	18 to work at least 50% of his or her working hours within
3615	3615	19 that security unit, or (iv) is a mental health police
3616	3616	20 officer. "Mental health police officer" means any person
3617	3617	21 employed by the Department of Human Services in a position
3618	3618	22 pertaining to the Department's mental health and
3619	3619	23 developmental disabilities functions who is vested with
3620	3620	24 such law enforcement duties as render the person
3621	3621	25 ineligible for coverage under the Social Security Act by
3622	3622	26 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
3623	3623
3624	3624
3625	3625
3626	3626
3627	3627
3628	3628	HB3297 - 100 - LRB103 27602 RPS 53978 b
3629	3629
3630	3630
3631	3631	HB3297- 101 -LRB103 27602 RPS 53978 b HB3297 - 101 - LRB103 27602 RPS 53978 b
3632	3632	HB3297 - 101 - LRB103 27602 RPS 53978 b
3633	3633	1 218(l)(1) of that Act. "Security unit" means that portion
3634	3634	2 of a facility that is devoted to the care, containment,
3635	3635	3 and treatment of persons committed to the Department of
3636	3636	4 Human Services as sexually violent persons, persons unfit
3637	3637	5 to stand trial, or persons not guilty by reason of
3638	3638	6 insanity. With respect to past employment, references to
3639	3639	7 the Department of Human Services include its predecessor,
3640	3640	8 the Department of Mental Health and Developmental
3641	3641	9 Disabilities.
3642	3642	10 The changes made to this subdivision (c)(8) by Public
3643	3643	11 Act 92-14 apply to persons who retire on or after January
3644	3644	12 1, 2001, notwithstanding Section 1-103.1.
3645	3645	13 (9) "Central Management Services security police
3646	3646	14 officer" means any person employed by the Department of
3647	3647	15 Central Management Services who is vested with such law
3648	3648	16 enforcement duties as render him ineligible for coverage
3649	3649	17 under the Social Security Act by reason of Sections
3650	3650	18 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
3651	3651	19 (10) For a member who first became an employee under
3652	3652	20 this Article before July 1, 2005, the term "security
3653	3653	21 employee of the Department of Corrections or the
3654	3654	22 Department of Juvenile Justice" means any employee of the
3655	3655	23 Department of Corrections or the Department of Juvenile
3656	3656	24 Justice or the former Department of Personnel, and any
3657	3657	25 member or employee of the Prisoner Review Board, who has
3658	3658	26 daily contact with inmates or youth by working within a
3659	3659
3660	3660
3661	3661
3662	3662
3663	3663
3664	3664	HB3297 - 101 - LRB103 27602 RPS 53978 b
3665	3665
3666	3666
3667	3667	HB3297- 102 -LRB103 27602 RPS 53978 b HB3297 - 102 - LRB103 27602 RPS 53978 b
3668	3668	HB3297 - 102 - LRB103 27602 RPS 53978 b
3669	3669	1 correctional facility or Juvenile facility operated by the
3670	3670	2 Department of Juvenile Justice or who is a parole officer
3671	3671	3 or an employee who has direct contact with committed
3672	3672	4 persons in the performance of his or her job duties. For a
3673	3673	5 member who first becomes an employee under this Article on
3674	3674	6 or after July 1, 2005, the term means an employee of the
3675	3675	7 Department of Corrections or the Department of Juvenile
3676	3676	8 Justice who is any of the following: (i) officially
3677	3677	9 headquartered at a correctional facility or Juvenile
3678	3678	10 facility operated by the Department of Juvenile Justice,
3679	3679	11 (ii) a parole officer, (iii) a member of the apprehension
3680	3680	12 unit, (iv) a member of the intelligence unit, (v) a member
3681	3681	13 of the sort team, or (vi) an investigator.
3682	3682	14 (11) The term "dangerous drugs investigator" means any
3683	3683	15 person who is employed as such by the Department of Human
3684	3684	16 Services.
3685	3685	17 (12) The term "investigator for the Illinois State
3686	3686	18 Police" means a person employed by the Illinois State
3687	3687	19 Police who is vested under Section 4 of the Narcotic
3688	3688	20 Control Division Abolition Act with such law enforcement
3689	3689	21 powers as render him ineligible for coverage under the
3690	3690	22 Social Security Act by reason of Sections 218(d)(5)(A),
3691	3691	23 218(d)(8)(D) and 218(l)(1) of that Act.
3692	3692	24 (13) "Investigator for the Office of the Attorney
3693	3693	25 General" means any person who is employed as such by the
3694	3694	26 Office of the Attorney General and is vested with such
3695	3695
3696	3696
3697	3697
3698	3698
3699	3699
3700	3700	HB3297 - 102 - LRB103 27602 RPS 53978 b
3701	3701
3702	3702
3703	3703	HB3297- 103 -LRB103 27602 RPS 53978 b HB3297 - 103 - LRB103 27602 RPS 53978 b
3704	3704	HB3297 - 103 - LRB103 27602 RPS 53978 b
3705	3705	1 investigative duties as render him ineligible for coverage
3706	3706	2 under the Social Security Act by reason of Sections
3707	3707	3 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
3708	3708	4 the period before January 1, 1989, the term includes all
3709	3709	5 persons who were employed as investigators by the Office
3710	3710	6 of the Attorney General, without regard to social security
3711	3711	7 status.
3712	3712	8 (14) "Controlled substance inspector" means any person
3713	3713	9 who is employed as such by the Department of Professional
3714	3714	10 Regulation and is vested with such law enforcement duties
3715	3715	11 as render him ineligible for coverage under the Social
3716	3716	12 Security Act by reason of Sections 218(d)(5)(A),
3717	3717	13 218(d)(8)(D) and 218(l)(1) of that Act. The term
3718	3718	14 "controlled substance inspector" includes the Program
3719	3719	15 Executive of Enforcement and the Assistant Program
3720	3720	16 Executive of Enforcement.
3721	3721	17 (15) The term "investigator for the Office of the
3722	3722	18 State's Attorneys Appellate Prosecutor" means a person
3723	3723	19 employed in that capacity on a full-time basis under the
3724	3724	20 authority of Section 7.06 of the State's Attorneys
3725	3725	21 Appellate Prosecutor's Act.
3726	3726	22 (16) "Commerce Commission police officer" means any
3727	3727	23 person employed by the Illinois Commerce Commission who is
3728	3728	24 vested with such law enforcement duties as render him
3729	3729	25 ineligible for coverage under the Social Security Act by
3730	3730	26 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
3731	3731
3732	3732
3733	3733
3734	3734
3735	3735
3736	3736	HB3297 - 103 - LRB103 27602 RPS 53978 b
3737	3737
3738	3738
3739	3739	HB3297- 104 -LRB103 27602 RPS 53978 b HB3297 - 104 - LRB103 27602 RPS 53978 b
3740	3740	HB3297 - 104 - LRB103 27602 RPS 53978 b
3741	3741	1 218(l)(1) of that Act.
3742	3742	2 (17) "Arson investigator" means any person who is
3743	3743	3 employed as such by the Office of the State Fire Marshal
3744	3744	4 and is vested with such law enforcement duties as render
3745	3745	5 the person ineligible for coverage under the Social
3746	3746	6 Security Act by reason of Sections 218(d)(5)(A),
3747	3747	7 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
3748	3748	8 employed as an arson investigator on January 1, 1995 and
3749	3749	9 is no longer in service but not yet receiving a retirement
3750	3750	10 annuity may convert his or her creditable service for
3751	3751	11 employment as an arson investigator into eligible
3752	3752	12 creditable service by paying to the System the difference
3753	3753	13 between the employee contributions actually paid for that
3754	3754	14 service and the amounts that would have been contributed
3755	3755	15 if the applicant were contributing at the rate applicable
3756	3756	16 to persons with the same social security status earning
3757	3757	17 eligible creditable service on the date of application.
3758	3758	18 (18) The term "State highway maintenance worker" means
3759	3759	19 a person who is either of the following:
3760	3760	20 (i) A person employed on a full-time basis by the
3761	3761	21 Illinois Department of Transportation in the position
3762	3762	22 of highway maintainer, highway maintenance lead
3763	3763	23 worker, highway maintenance lead/lead worker, heavy
3764	3764	24 construction equipment operator, power shovel
3765	3765	25 operator, or bridge mechanic; and whose principal
3766	3766	26 responsibility is to perform, on the roadway, the
3767	3767
3768	3768
3769	3769
3770	3770
3771	3771
3772	3772	HB3297 - 104 - LRB103 27602 RPS 53978 b
3773	3773
3774	3774
3775	3775	HB3297- 105 -LRB103 27602 RPS 53978 b HB3297 - 105 - LRB103 27602 RPS 53978 b
3776	3776	HB3297 - 105 - LRB103 27602 RPS 53978 b
3777	3777	1 actual maintenance necessary to keep the highways that
3778	3778	2 form a part of the State highway system in serviceable
3779	3779	3 condition for vehicular traffic.
3780	3780	4 (ii) A person employed on a full-time basis by the
3781	3781	5 Illinois State Toll Highway Authority in the position
3782	3782	6 of equipment operator/laborer H-4, equipment
3783	3783	7 operator/laborer H-6, welder H-4, welder H-6,
3784	3784	8 mechanical/electrical H-4, mechanical/electrical H-6,
3785	3785	9 water/sewer H-4, water/sewer H-6, sign maker/hanger
3786	3786	10 H-4, sign maker/hanger H-6, roadway lighting H-4,
3787	3787	11 roadway lighting H-6, structural H-4, structural H-6,
3788	3788	12 painter H-4, or painter H-6; and whose principal
3789	3789	13 responsibility is to perform, on the roadway, the
3790	3790	14 actual maintenance necessary to keep the Authority's
3791	3791	15 tollways in serviceable condition for vehicular
3792	3792	16 traffic.
3793	3793	17 (19) The term "security employee of the Department of
3794	3794	18 Innovation and Technology" means a person who was a
3795	3795	19 security employee of the Department of Corrections or the
3796	3796	20 Department of Juvenile Justice, was transferred to the
3797	3797	21 Department of Innovation and Technology pursuant to
3798	3798	22 Executive Order 2016-01, and continues to perform similar
3799	3799	23 job functions under that Department.
3800	3800	24 (20) "Transferred employee" means an employee who was
3801	3801	25 transferred to the Department of Central Management
3802	3802	26 Services by Executive Order No. 2003-10 or Executive Order
3803	3803
3804	3804
3805	3805
3806	3806
3807	3807
3808	3808	HB3297 - 105 - LRB103 27602 RPS 53978 b
3809	3809
3810	3810
3811	3811	HB3297- 106 -LRB103 27602 RPS 53978 b HB3297 - 106 - LRB103 27602 RPS 53978 b
3812	3812	HB3297 - 106 - LRB103 27602 RPS 53978 b
3813	3813	1 No. 2004-2 or transferred to the Department of Innovation
3814	3814	2 and Technology by Executive Order No. 2016-1, or both, and
3815	3815	3 was entitled to eligible creditable service for services
3816	3816	4 immediately preceding the transfer.
3817	3817	5 (d) A security employee of the Department of Corrections
3818	3818	6 or the Department of Juvenile Justice, a security employee of
3819	3819	7 the Department of Human Services who is not a mental health
3820	3820	8 police officer, and a security employee of the Department of
3821	3821	9 Innovation and Technology shall not be eligible for the
3822	3822	10 alternative retirement annuity provided by this Section unless
3823	3823	11 he or she meets the following minimum age and service
3824	3824	12 requirements at the time of retirement:
3825	3825	13 (i) 25 years of eligible creditable service and age
3826	3826	14 55; or
3827	3827	15 (ii) beginning January 1, 1987, 25 years of eligible
3828	3828	16 creditable service and age 54, or 24 years of eligible
3829	3829	17 creditable service and age 55; or
3830	3830	18 (iii) beginning January 1, 1988, 25 years of eligible
3831	3831	19 creditable service and age 53, or 23 years of eligible
3832	3832	20 creditable service and age 55; or
3833	3833	21 (iv) beginning January 1, 1989, 25 years of eligible
3834	3834	22 creditable service and age 52, or 22 years of eligible
3835	3835	23 creditable service and age 55; or
3836	3836	24 (v) beginning January 1, 1990, 25 years of eligible
3837	3837	25 creditable service and age 51, or 21 years of eligible
3838	3838	26 creditable service and age 55; or
3839	3839
3840	3840
3841	3841
3842	3842
3843	3843
3844	3844	HB3297 - 106 - LRB103 27602 RPS 53978 b
3845	3845
3846	3846
3847	3847	HB3297- 107 -LRB103 27602 RPS 53978 b HB3297 - 107 - LRB103 27602 RPS 53978 b
3848	3848	HB3297 - 107 - LRB103 27602 RPS 53978 b
3849	3849	1 (vi) beginning January 1, 1991, 25 years of eligible
3850	3850	2 creditable service and age 50, or 20 years of eligible
3851	3851	3 creditable service and age 55.
3852	3852	4 Persons who have service credit under Article 16 of this
3853	3853	5 Code for service as a security employee of the Department of
3854	3854	6 Corrections or the Department of Juvenile Justice, or the
3855	3855	7 Department of Human Services in a position requiring
3856	3856	8 certification as a teacher may count such service toward
3857	3857	9 establishing their eligibility under the service requirements
3858	3858	10 of this Section; but such service may be used only for
3859	3859	11 establishing such eligibility, and not for the purpose of
3860	3860	12 increasing or calculating any benefit.
3861	3861	13 (e) If a member enters military service while working in a
3862	3862	14 position in which eligible creditable service may be earned,
3863	3863	15 and returns to State service in the same or another such
3864	3864	16 position, and fulfills in all other respects the conditions
3865	3865	17 prescribed in this Article for credit for military service,
3866	3866	18 such military service shall be credited as eligible creditable
3867	3867	19 service for the purposes of the retirement annuity prescribed
3868	3868	20 in this Section.
3869	3869	21 (f) For purposes of calculating retirement annuities under
3870	3870	22 this Section, periods of service rendered after December 31,
3871	3871	23 1968 and before October 1, 1975 as a covered employee in the
3872	3872	24 position of special agent, conservation police officer, mental
3873	3873	25 health police officer, or investigator for the Secretary of
3874	3874	26 State, shall be deemed to have been service as a noncovered
3875	3875
3876	3876
3877	3877
3878	3878
3879	3879
3880	3880	HB3297 - 107 - LRB103 27602 RPS 53978 b
3881	3881
3882	3882
3883	3883	HB3297- 108 -LRB103 27602 RPS 53978 b HB3297 - 108 - LRB103 27602 RPS 53978 b
3884	3884	HB3297 - 108 - LRB103 27602 RPS 53978 b
3885	3885	1 employee, provided that the employee pays to the System prior
3886	3886	2 to retirement an amount equal to (1) the difference between
3887	3887	3 the employee contributions that would have been required for
3888	3888	4 such service as a noncovered employee, and the amount of
3889	3889	5 employee contributions actually paid, plus (2) if payment is
3890	3890	6 made after July 31, 1987, regular interest on the amount
3891	3891	7 specified in item (1) from the date of service to the date of
3892	3892	8 payment.
3893	3893	9 For purposes of calculating retirement annuities under
3894	3894	10 this Section, periods of service rendered after December 31,
3895	3895	11 1968 and before January 1, 1982 as a covered employee in the
3896	3896	12 position of investigator for the Department of Revenue shall
3897	3897	13 be deemed to have been service as a noncovered employee,
3898	3898	14 provided that the employee pays to the System prior to
3899	3899	15 retirement an amount equal to (1) the difference between the
3900	3900	16 employee contributions that would have been required for such
3901	3901	17 service as a noncovered employee, and the amount of employee
3902	3902	18 contributions actually paid, plus (2) if payment is made after
3903	3903	19 January 1, 1990, regular interest on the amount specified in
3904	3904	20 item (1) from the date of service to the date of payment.
3905	3905	21 (g) A State policeman may elect, not later than January 1,
3906	3906	22 1990, to establish eligible creditable service for up to 10
3907	3907	23 years of his service as a policeman under Article 3, by filing
3908	3908	24 a written election with the Board, accompanied by payment of
3909	3909	25 an amount to be determined by the Board, equal to (i) the
3910	3910	26 difference between the amount of employee and employer
3911	3911
3912	3912
3913	3913
3914	3914
3915	3915
3916	3916	HB3297 - 108 - LRB103 27602 RPS 53978 b
3917	3917
3918	3918
3919	3919	HB3297- 109 -LRB103 27602 RPS 53978 b HB3297 - 109 - LRB103 27602 RPS 53978 b
3920	3920	HB3297 - 109 - LRB103 27602 RPS 53978 b
3921	3921	1 contributions transferred to the System under Section 3-110.5,
3922	3922	2 and the amounts that would have been contributed had such
3923	3923	3 contributions been made at the rates applicable to State
3924	3924	4 policemen, plus (ii) interest thereon at the effective rate
3925	3925	5 for each year, compounded annually, from the date of service
3926	3926	6 to the date of payment.
3927	3927	7 Subject to the limitation in subsection (i), a State
3928	3928	8 policeman may elect, not later than July 1, 1993, to establish
3929	3929	9 eligible creditable service for up to 10 years of his service
3930	3930	10 as a member of the County Police Department under Article 9, by
3931	3931	11 filing a written election with the Board, accompanied by
3932	3932	12 payment of an amount to be determined by the Board, equal to
3933	3933	13 (i) the difference between the amount of employee and employer
3934	3934	14 contributions transferred to the System under Section 9-121.10
3935	3935	15 and the amounts that would have been contributed had those
3936	3936	16 contributions been made at the rates applicable to State
3937	3937	17 policemen, plus (ii) interest thereon at the effective rate
3938	3938	18 for each year, compounded annually, from the date of service
3939	3939	19 to the date of payment.
3940	3940	20 (h) Subject to the limitation in subsection (i), a State
3941	3941	21 policeman or investigator for the Secretary of State may elect
3942	3942	22 to establish eligible creditable service for up to 12 years of
3943	3943	23 his service as a policeman under Article 5, by filing a written
3944	3944	24 election with the Board on or before January 31, 1992, and
3945	3945	25 paying to the System by January 31, 1994 an amount to be
3946	3946	26 determined by the Board, equal to (i) the difference between
3947	3947
3948	3948
3949	3949
3950	3950
3951	3951
3952	3952	HB3297 - 109 - LRB103 27602 RPS 53978 b
3953	3953
3954	3954
3955	3955	HB3297- 110 -LRB103 27602 RPS 53978 b HB3297 - 110 - LRB103 27602 RPS 53978 b
3956	3956	HB3297 - 110 - LRB103 27602 RPS 53978 b
3957	3957	1 the amount of employee and employer contributions transferred
3958	3958	2 to the System under Section 5-236, and the amounts that would
3959	3959	3 have been contributed had such contributions been made at the
3960	3960	4 rates applicable to State policemen, plus (ii) interest
3961	3961	5 thereon at the effective rate for each year, compounded
3962	3962	6 annually, from the date of service to the date of payment.
3963	3963	7 Subject to the limitation in subsection (i), a State
3964	3964	8 policeman, conservation police officer, or investigator for
3965	3965	9 the Secretary of State may elect to establish eligible
3966	3966	10 creditable service for up to 10 years of service as a sheriff's
3967	3967	11 law enforcement employee under Article 7, by filing a written
3968	3968	12 election with the Board on or before January 31, 1993, and
3969	3969	13 paying to the System by January 31, 1994 an amount to be
3970	3970	14 determined by the Board, equal to (i) the difference between
3971	3971	15 the amount of employee and employer contributions transferred
3972	3972	16 to the System under Section 7-139.7, and the amounts that
3973	3973	17 would have been contributed had such contributions been made
3974	3974	18 at the rates applicable to State policemen, plus (ii) interest
3975	3975	19 thereon at the effective rate for each year, compounded
3976	3976	20 annually, from the date of service to the date of payment.
3977	3977	21 Subject to the limitation in subsection (i), a State
3978	3978	22 policeman, conservation police officer, or investigator for
3979	3979	23 the Secretary of State may elect to establish eligible
3980	3980	24 creditable service for up to 5 years of service as a police
3981	3981	25 officer under Article 3, a policeman under Article 5, a
3982	3982	26 sheriff's law enforcement employee under Article 7, a member
3983	3983
3984	3984
3985	3985
3986	3986
3987	3987
3988	3988	HB3297 - 110 - LRB103 27602 RPS 53978 b
3989	3989
3990	3990
3991	3991	HB3297- 111 -LRB103 27602 RPS 53978 b HB3297 - 111 - LRB103 27602 RPS 53978 b
3992	3992	HB3297 - 111 - LRB103 27602 RPS 53978 b
3993	3993	1 of the county police department under Article 9, or a police
3994	3994	2 officer under Article 15 by filing a written election with the
3995	3995	3 Board and paying to the System an amount to be determined by
3996	3996	4 the Board, equal to (i) the difference between the amount of
3997	3997	5 employee and employer contributions transferred to the System
3998	3998	6 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
3999	3999	7 and the amounts that would have been contributed had such
4000	4000	8 contributions been made at the rates applicable to State
4001	4001	9 policemen, plus (ii) interest thereon at the effective rate
4002	4002	10 for each year, compounded annually, from the date of service
4003	4003	11 to the date of payment.
4004	4004	12 Subject to the limitation in subsection (i), an
4005	4005	13 investigator for the Office of the Attorney General, or an
4006	4006	14 investigator for the Department of Revenue, may elect to
4007	4007	15 establish eligible creditable service for up to 5 years of
4008	4008	16 service as a police officer under Article 3, a policeman under
4009	4009	17 Article 5, a sheriff's law enforcement employee under Article
4010	4010	18 7, or a member of the county police department under Article 9
4011	4011	19 by filing a written election with the Board within 6 months
4012	4012	20 after August 25, 2009 (the effective date of Public Act
4013	4013	21 96-745) and paying to the System an amount to be determined by
4014	4014	22 the Board, equal to (i) the difference between the amount of
4015	4015	23 employee and employer contributions transferred to the System
4016	4016	24 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
4017	4017	25 amounts that would have been contributed had such
4018	4018	26 contributions been made at the rates applicable to State
4019	4019
4020	4020
4021	4021
4022	4022
4023	4023
4024	4024	HB3297 - 111 - LRB103 27602 RPS 53978 b
4025	4025
4026	4026
4027	4027	HB3297- 112 -LRB103 27602 RPS 53978 b HB3297 - 112 - LRB103 27602 RPS 53978 b
4028	4028	HB3297 - 112 - LRB103 27602 RPS 53978 b
4029	4029	1 policemen, plus (ii) interest thereon at the actuarially
4030	4030	2 assumed rate for each year, compounded annually, from the date
4031	4031	3 of service to the date of payment.
4032	4032	4 Subject to the limitation in subsection (i), a State
4033	4033	5 policeman, conservation police officer, investigator for the
4034	4034	6 Office of the Attorney General, an investigator for the
4035	4035	7 Department of Revenue, or investigator for the Secretary of
4036	4036	8 State may elect to establish eligible creditable service for
4037	4037	9 up to 5 years of service as a person employed by a
4038	4038	10 participating municipality to perform police duties, or law
4039	4039	11 enforcement officer employed on a full-time basis by a forest
4040	4040	12 preserve district under Article 7, a county corrections
4041	4041	13 officer, or a court services officer under Article 9, by
4042	4042	14 filing a written election with the Board within 6 months after
4043	4043	15 August 25, 2009 (the effective date of Public Act 96-745) and
4044	4044	16 paying to the System an amount to be determined by the Board,
4045	4045	17 equal to (i) the difference between the amount of employee and
4046	4046	18 employer contributions transferred to the System under
4047	4047	19 Sections 7-139.8 and 9-121.10 and the amounts that would have
4048	4048	20 been contributed had such contributions been made at the rates
4049	4049	21 applicable to State policemen, plus (ii) interest thereon at
4050	4050	22 the actuarially assumed rate for each year, compounded
4051	4051	23 annually, from the date of service to the date of payment.
4052	4052	24 Subject to the limitation in subsection (i), a State
4053	4053	25 policeman, arson investigator, or Commerce Commission police
4054	4054	26 officer may elect to establish eligible creditable service for
4055	4055
4056	4056
4057	4057
4058	4058
4059	4059
4060	4060	HB3297 - 112 - LRB103 27602 RPS 53978 b
4061	4061
4062	4062
4063	4063	HB3297- 113 -LRB103 27602 RPS 53978 b HB3297 - 113 - LRB103 27602 RPS 53978 b
4064	4064	HB3297 - 113 - LRB103 27602 RPS 53978 b
4065	4065	1 up to 5 years of service as a person employed by a
4066	4066	2 participating municipality to perform police duties under
4067	4067	3 Article 7, a county corrections officer, a court services
4068	4068	4 officer under Article 9, or a firefighter under Article 4 by
4069	4069	5 filing a written election with the Board within 6 months after
4070	4070	6 July 30, 2021 (the effective date of Public Act 102-210) and
4071	4071	7 paying to the System an amount to be determined by the Board
4072	4072	8 equal to (i) the difference between the amount of employee and
4073	4073	9 employer contributions transferred to the System under
4074	4074	10 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
4075	4075	11 would have been contributed had such contributions been made
4076	4076	12 at the rates applicable to State policemen, plus (ii) interest
4077	4077	13 thereon at the actuarially assumed rate for each year,
4078	4078	14 compounded annually, from the date of service to the date of
4079	4079	15 payment.
4080	4080	16 Subject to the limitation in subsection (i), a
4081	4081	17 conservation police officer may elect to establish eligible
4082	4082	18 creditable service for up to 5 years of service as a person
4083	4083	19 employed by a participating municipality to perform police
4084	4084	20 duties under Article 7, a county corrections officer, or a
4085	4085	21 court services officer under Article 9 by filing a written
4086	4086	22 election with the Board within 6 months after July 30, 2021
4087	4087	23 (the effective date of Public Act 102-210) and paying to the
4088	4088	24 System an amount to be determined by the Board equal to (i) the
4089	4089	25 difference between the amount of employee and employer
4090	4090	26 contributions transferred to the System under Sections 7-139.8
4091	4091
4092	4092
4093	4093
4094	4094
4095	4095
4096	4096	HB3297 - 113 - LRB103 27602 RPS 53978 b
4097	4097
4098	4098
4099	4099	HB3297- 114 -LRB103 27602 RPS 53978 b HB3297 - 114 - LRB103 27602 RPS 53978 b
4100	4100	HB3297 - 114 - LRB103 27602 RPS 53978 b
4101	4101	1 and 9-121.10 and the amounts that would have been contributed
4102	4102	2 had such contributions been made at the rates applicable to
4103	4103	3 State policemen, plus (ii) interest thereon at the actuarially
4104	4104	4 assumed rate for each year, compounded annually, from the date
4105	4105	5 of service to the date of payment.
4106	4106	6 Notwithstanding the limitation in subsection (i), a State
4107	4107	7 policeman or conservation police officer may elect to convert
4108	4108	8 service credit earned under this Article to eligible
4109	4109	9 creditable service, as defined by this Section, by filing a
4110	4110	10 written election with the board within 6 months after July 30,
4111	4111	11 2021 (the effective date of Public Act 102-210) and paying to
4112	4112	12 the System an amount to be determined by the Board equal to (i)
4113	4113	13 the difference between the amount of employee contributions
4114	4114	14 originally paid for that service and the amounts that would
4115	4115	15 have been contributed had such contributions been made at the
4116	4116	16 rates applicable to State policemen, plus (ii) the difference
4117	4117	17 between the employer's normal cost of the credit prior to the
4118	4118	18 conversion authorized by Public Act 102-210 and the employer's
4119	4119	19 normal cost of the credit converted in accordance with Public
4120	4120	20 Act 102-210, plus (iii) interest thereon at the actuarially
4121	4121	21 assumed rate for each year, compounded annually, from the date
4122	4122	22 of service to the date of payment.
4123	4123	23 (i) The total amount of eligible creditable service
4124	4124	24 established by any person under subsections (g), (h), (j),
4125	4125	25 (k), (l), (l-5), (o), and (p), and (q) of this Section shall
4126	4126	26 not exceed 12 years.
4127	4127
4128	4128
4129	4129
4130	4130
4131	4131
4132	4132	HB3297 - 114 - LRB103 27602 RPS 53978 b
4133	4133
4134	4134
4135	4135	HB3297- 115 -LRB103 27602 RPS 53978 b HB3297 - 115 - LRB103 27602 RPS 53978 b
4136	4136	HB3297 - 115 - LRB103 27602 RPS 53978 b
4137	4137	1 (j) Subject to the limitation in subsection (i), an
4138	4138	2 investigator for the Office of the State's Attorneys Appellate
4139	4139	3 Prosecutor or a controlled substance inspector may elect to
4140	4140	4 establish eligible creditable service for up to 10 years of
4141	4141	5 his service as a policeman under Article 3 or a sheriff's law
4142	4142	6 enforcement employee under Article 7, by filing a written
4143	4143	7 election with the Board, accompanied by payment of an amount
4144	4144	8 to be determined by the Board, equal to (1) the difference
4145	4145	9 between the amount of employee and employer contributions
4146	4146	10 transferred to the System under Section 3-110.6 or 7-139.8,
4147	4147	11 and the amounts that would have been contributed had such
4148	4148	12 contributions been made at the rates applicable to State
4149	4149	13 policemen, plus (2) interest thereon at the effective rate for
4150	4150	14 each year, compounded annually, from the date of service to
4151	4151	15 the date of payment.
4152	4152	16 (k) Subject to the limitation in subsection (i) of this
4153	4153	17 Section, an alternative formula employee may elect to
4154	4154	18 establish eligible creditable service for periods spent as a
4155	4155	19 full-time law enforcement officer or full-time corrections
4156	4156	20 officer employed by the federal government or by a state or
4157	4157	21 local government located outside of Illinois, for which credit
4158	4158	22 is not held in any other public employee pension fund or
4159	4159	23 retirement system. To obtain this credit, the applicant must
4160	4160	24 file a written application with the Board by March 31, 1998,
4161	4161	25 accompanied by evidence of eligibility acceptable to the Board
4162	4162	26 and payment of an amount to be determined by the Board, equal
4163	4163
4164	4164
4165	4165
4166	4166
4167	4167
4168	4168	HB3297 - 115 - LRB103 27602 RPS 53978 b
4169	4169
4170	4170
4171	4171	HB3297- 116 -LRB103 27602 RPS 53978 b HB3297 - 116 - LRB103 27602 RPS 53978 b
4172	4172	HB3297 - 116 - LRB103 27602 RPS 53978 b
4173	4173	1 to (1) employee contributions for the credit being
4174	4174	2 established, based upon the applicant's salary on the first
4175	4175	3 day as an alternative formula employee after the employment
4176	4176	4 for which credit is being established and the rates then
4177	4177	5 applicable to alternative formula employees, plus (2) an
4178	4178	6 amount determined by the Board to be the employer's normal
4179	4179	7 cost of the benefits accrued for the credit being established,
4180	4180	8 plus (3) regular interest on the amounts in items (1) and (2)
4181	4181	9 from the first day as an alternative formula employee after
4182	4182	10 the employment for which credit is being established to the
4183	4183	11 date of payment.
4184	4184	12 (l) Subject to the limitation in subsection (i), a
4185	4185	13 security employee of the Department of Corrections may elect,
4186	4186	14 not later than July 1, 1998, to establish eligible creditable
4187	4187	15 service for up to 10 years of his or her service as a policeman
4188	4188	16 under Article 3, by filing a written election with the Board,
4189	4189	17 accompanied by payment of an amount to be determined by the
4190	4190	18 Board, equal to (i) the difference between the amount of
4191	4191	19 employee and employer contributions transferred to the System
4192	4192	20 under Section 3-110.5, and the amounts that would have been
4193	4193	21 contributed had such contributions been made at the rates
4194	4194	22 applicable to security employees of the Department of
4195	4195	23 Corrections, plus (ii) interest thereon at the effective rate
4196	4196	24 for each year, compounded annually, from the date of service
4197	4197	25 to the date of payment.
4198	4198	26 (l-5) Subject to the limitation in subsection (i) of this
4199	4199
4200	4200
4201	4201
4202	4202
4203	4203
4204	4204	HB3297 - 116 - LRB103 27602 RPS 53978 b
4205	4205
4206	4206
4207	4207	HB3297- 117 -LRB103 27602 RPS 53978 b HB3297 - 117 - LRB103 27602 RPS 53978 b
4208	4208	HB3297 - 117 - LRB103 27602 RPS 53978 b
4209	4209	1 Section, a State policeman may elect to establish eligible
4210	4210	2 creditable service for up to 5 years of service as a full-time
4211	4211	3 law enforcement officer employed by the federal government or
4212	4212	4 by a state or local government located outside of Illinois for
4213	4213	5 which credit is not held in any other public employee pension
4214	4214	6 fund or retirement system. To obtain this credit, the
4215	4215	7 applicant must file a written application with the Board no
4216	4216	8 later than 3 years after January 1, 2020 (the effective date of
4217	4217	9 Public Act 101-610), accompanied by evidence of eligibility
4218	4218	10 acceptable to the Board and payment of an amount to be
4219	4219	11 determined by the Board, equal to (1) employee contributions
4220	4220	12 for the credit being established, based upon the applicant's
4221	4221	13 salary on the first day as an alternative formula employee
4222	4222	14 after the employment for which credit is being established and
4223	4223	15 the rates then applicable to alternative formula employees,
4224	4224	16 plus (2) an amount determined by the Board to be the employer's
4225	4225	17 normal cost of the benefits accrued for the credit being
4226	4226	18 established, plus (3) regular interest on the amounts in items
4227	4227	19 (1) and (2) from the first day as an alternative formula
4228	4228	20 employee after the employment for which credit is being
4229	4229	21 established to the date of payment.
4230	4230	22 (m) The amendatory changes to this Section made by Public
4231	4231	23 Act 94-696 apply only to: (1) security employees of the
4232	4232	24 Department of Juvenile Justice employed by the Department of
4233	4233	25 Corrections before June 1, 2006 (the effective date of Public
4234	4234	26 Act 94-696) and transferred to the Department of Juvenile
4235	4235
4236	4236
4237	4237
4238	4238
4239	4239
4240	4240	HB3297 - 117 - LRB103 27602 RPS 53978 b
4241	4241
4242	4242
4243	4243	HB3297- 118 -LRB103 27602 RPS 53978 b HB3297 - 118 - LRB103 27602 RPS 53978 b
4244	4244	HB3297 - 118 - LRB103 27602 RPS 53978 b
4245	4245	1 Justice by Public Act 94-696; and (2) persons employed by the
4246	4246	2 Department of Juvenile Justice on or after June 1, 2006 (the
4247	4247	3 effective date of Public Act 94-696) who are required by
4248	4248	4 subsection (b) of Section 3-2.5-15 of the Unified Code of
4249	4249	5 Corrections to have any bachelor's or advanced degree from an
4250	4250	6 accredited college or university or, in the case of persons
4251	4251	7 who provide vocational training, who are required to have
4252	4252	8 adequate knowledge in the skill for which they are providing
4253	4253	9 the vocational training.
4254	4254	10 (n) A person employed in a position under subsection (b)
4255	4255	11 of this Section who has purchased service credit under
4256	4256	12 subsection (j) of Section 14-104 or subsection (b) of Section
4257	4257	13 14-105 in any other capacity under this Article may convert up
4258	4258	14 to 5 years of that service credit into service credit covered
4259	4259	15 under this Section by paying to the Fund an amount equal to (1)
4260	4260	16 the additional employee contribution required under Section
4261	4261	17 14-133, plus (2) the additional employer contribution required
4262	4262	18 under Section 14-131, plus (3) interest on items (1) and (2) at
4263	4263	19 the actuarially assumed rate from the date of the service to
4264	4264	20 the date of payment.
4265	4265	21 (o) Subject to the limitation in subsection (i), a
4266	4266	22 conservation police officer, investigator for the Secretary of
4267	4267	23 State, Commerce Commission police officer, investigator for
4268	4268	24 the Department of Revenue or the Illinois Gaming Board, or
4269	4269	25 arson investigator subject to subsection (g) of Section 1-160
4270	4270	26 may elect to convert up to 8 years of service credit
4271	4271
4272	4272
4273	4273
4274	4274
4275	4275
4276	4276	HB3297 - 118 - LRB103 27602 RPS 53978 b
4277	4277
4278	4278
4279	4279	HB3297- 119 -LRB103 27602 RPS 53978 b HB3297 - 119 - LRB103 27602 RPS 53978 b
4280	4280	HB3297 - 119 - LRB103 27602 RPS 53978 b
4281	4281	1 established before January 1, 2020 (the effective date of
4282	4282	2 Public Act 101-610) as a conservation police officer,
4283	4283	3 investigator for the Secretary of State, Commerce Commission
4284	4284	4 police officer, investigator for the Department of Revenue or
4285	4285	5 the Illinois Gaming Board, or arson investigator under this
4286	4286	6 Article into eligible creditable service by filing a written
4287	4287	7 election with the Board no later than one year after January 1,
4288	4288	8 2020 (the effective date of Public Act 101-610), accompanied
4289	4289	9 by payment of an amount to be determined by the Board equal to
4290	4290	10 (i) the difference between the amount of the employee
4291	4291	11 contributions actually paid for that service and the amount of
4292	4292	12 the employee contributions that would have been paid had the
4293	4293	13 employee contributions been made as a noncovered employee
4294	4294	14 serving in a position in which eligible creditable service, as
4295	4295	15 defined in this Section, may be earned, plus (ii) interest
4296	4296	16 thereon at the effective rate for each year, compounded
4297	4297	17 annually, from the date of service to the date of payment.
4298	4298	18 (p) Subject to the limitation in subsection (i), an
4299	4299	19 investigator for the Office of the Attorney General subject to
4300	4300	20 subsection (g) of Section 1-160 may elect to convert up to 8
4301	4301	21 years of service credit established before the effective date
4302	4302	22 of this amendatory Act of the 102nd General Assembly as an
4303	4303	23 investigator for the Office of the Attorney General under this
4304	4304	24 Article into eligible creditable service by filing a written
4305	4305	25 election with the Board no later than one year after the
4306	4306	26 effective date of this amendatory Act of the 102nd General
4307	4307
4308	4308
4309	4309
4310	4310
4311	4311
4312	4312	HB3297 - 119 - LRB103 27602 RPS 53978 b
4313	4313
4314	4314
4315	4315	HB3297- 120 -LRB103 27602 RPS 53978 b HB3297 - 120 - LRB103 27602 RPS 53978 b
4316	4316	HB3297 - 120 - LRB103 27602 RPS 53978 b
4317	4317	1 Assembly, accompanied by payment of an amount to be determined
4318	4318	2 by the Board equal to (i) the difference between the amount of
4319	4319	3 the employee contributions actually paid for that service and
4320	4320	4 the amount of the employee contributions that would have been
4321	4321	5 paid had the employee contributions been made as a noncovered
4322	4322	6 employee serving in a position in which eligible creditable
4323	4323	7 service, as defined in this Section, may be earned, plus (ii)
4324	4324	8 interest thereon at the effective rate for each year,
4325	4325	9 compounded annually, from the date of service to the date of
4326	4326	10 payment.
4327	4327	11 (q) Subject to the limitation in subsection (i), a
4328	4328	12 security employee of the Department of Human Services who is
4329	4329	13 subject to subsection (g-1) of Section 1-160 may elect to
4330	4330	14 convert up to 9 years of service credit established before the
4331	4331	15 effective date of this amendatory Act of the 103rd General
4332	4332	16 Assembly as a security employee of the Department of Human
4333	4333	17 Services to eligible creditable service by filing a written
4334	4334	18 election with the Board no later than one year after the
4335	4335	19 effective date of this amendatory Act of the 103rd General
4336	4336	20 Assembly, accompanied by payment of an amount, to be
4337	4337	21 determined by the Board, equal to (i) the difference between
4338	4338	22 the amount of the employee contributions actually paid for
4339	4339	23 that service and the amount of the employee contributions that
4340	4340	24 would have been paid had the employee contributions been made
4341	4341	25 as a covered employee serving in a position in which eligible
4342	4342	26 creditable service, as defined in this Section, may be earned,
4343	4343
4344	4344
4345	4345
4346	4346
4347	4347
4348	4348	HB3297 - 120 - LRB103 27602 RPS 53978 b
4349	4349
4350	4350
4351	4351	HB3297- 121 -LRB103 27602 RPS 53978 b HB3297 - 121 - LRB103 27602 RPS 53978 b
4352	4352	HB3297 - 121 - LRB103 27602 RPS 53978 b
4353	4353	1 plus (ii) interest thereon at the effective rate for each
4354	4354	2 year, compounded annually, from the date of service to the
4355	4355	3 date of payment.
4356	4356	4 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
4357	4357	5 102-538, eff. 8-20-21; 102-956, eff. 5-27-22.)
4358	4358	6 (40 ILCS 5/14-152.1)
4359	4359	7 Sec. 14-152.1. Application and expiration of new benefit
4360	4360	8 increases.
4361	4361	9 (a) As used in this Section, "new benefit increase" means
4362	4362	10 an increase in the amount of any benefit provided under this
4363	4363	11 Article, or an expansion of the conditions of eligibility for
4364	4364	12 any benefit under this Article, that results from an amendment
4365	4365	13 to this Code that takes effect after June 1, 2005 (the
4366	4366	14 effective date of Public Act 94-4). "New benefit increase",
4367	4367	15 however, does not include any benefit increase resulting from
4368	4368	16 the changes made to Article 1 or this Article by Public Act
4369	4369	17 96-37, Public Act 100-23, Public Act 100-587, Public Act
4370	4370	18 100-611, Public Act 101-10, Public Act 101-610, Public Act
4371	4371	19 102-210, Public Act 102-856, Public Act 102-956, or this
4372	4372	20 amendatory Act of the 103rd General Assembly this amendatory
4373	4373	21 Act of the 102nd General Assembly.
4374	4374	22 (b) Notwithstanding any other provision of this Code or
4375	4375	23 any subsequent amendment to this Code, every new benefit
4376	4376	24 increase is subject to this Section and shall be deemed to be
4377	4377	25 granted only in conformance with and contingent upon
4378	4378
4379	4379
4380	4380
4381	4381
4382	4382
4383	4383	HB3297 - 121 - LRB103 27602 RPS 53978 b
4384	4384
4385	4385
4386	4386	HB3297- 122 -LRB103 27602 RPS 53978 b HB3297 - 122 - LRB103 27602 RPS 53978 b
4387	4387	HB3297 - 122 - LRB103 27602 RPS 53978 b
4388	4388	1 compliance with the provisions of this Section.
4389	4389	2 (c) The Public Act enacting a new benefit increase must
4390	4390	3 identify and provide for payment to the System of additional
4391	4391	4 funding at least sufficient to fund the resulting annual
4392	4392	5 increase in cost to the System as it accrues.
4393	4393	6 Every new benefit increase is contingent upon the General
4394	4394	7 Assembly providing the additional funding required under this
4395	4395	8 subsection. The Commission on Government Forecasting and
4396	4396	9 Accountability shall analyze whether adequate additional
4397	4397	10 funding has been provided for the new benefit increase and
4398	4398	11 shall report its analysis to the Public Pension Division of
4399	4399	12 the Department of Insurance. A new benefit increase created by
4400	4400	13 a Public Act that does not include the additional funding
4401	4401	14 required under this subsection is null and void. If the Public
4402	4402	15 Pension Division determines that the additional funding
4403	4403	16 provided for a new benefit increase under this subsection is
4404	4404	17 or has become inadequate, it may so certify to the Governor and
4405	4405	18 the State Comptroller and, in the absence of corrective action
4406	4406	19 by the General Assembly, the new benefit increase shall expire
4407	4407	20 at the end of the fiscal year in which the certification is
4408	4408	21 made.
4409	4409	22 (d) Every new benefit increase shall expire 5 years after
4410	4410	23 its effective date or on such earlier date as may be specified
4411	4411	24 in the language enacting the new benefit increase or provided
4412	4412	25 under subsection (c). This does not prevent the General
4413	4413	26 Assembly from extending or re-creating a new benefit increase
4414	4414
4415	4415
4416	4416
4417	4417
4418	4418
4419	4419	HB3297 - 122 - LRB103 27602 RPS 53978 b
4420	4420
4421	4421
4422	4422	HB3297- 123 -LRB103 27602 RPS 53978 b HB3297 - 123 - LRB103 27602 RPS 53978 b
4423	4423	HB3297 - 123 - LRB103 27602 RPS 53978 b
4424	4424	1 by law.
4425	4425	2 (e) Except as otherwise provided in the language creating
4426	4426	3 the new benefit increase, a new benefit increase that expires
4427	4427	4 under this Section continues to apply to persons who applied
4428	4428	5 and qualified for the affected benefit while the new benefit
4429	4429	6 increase was in effect and to the affected beneficiaries and
4430	4430	7 alternate payees of such persons, but does not apply to any
4431	4431	8 other person, including, without limitation, a person who
4432	4432	9 continues in service after the expiration date and did not
4433	4433	10 apply and qualify for the affected benefit while the new
4434	4434	11 benefit increase was in effect.
4435	4435	12 (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
4436	4436	13 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
4437	4437	14 1-1-23; 102-956, eff. 5-27-22.)
4438	4438	15 Section 99. Effective date. This Act takes effect January
4439	4439	16 1, 2024.
4440	4440
4441	4441
4442	4442
4443	4443
4444	4444
4445	4445	HB3297 - 123 - LRB103 27602 RPS 53978 b