Illinois House Bill HB5261 Introduced / Bill

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5261 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 Amends the State Employee Article of the Illinois Pension Code. Includes persons employed on a full-time basis by the Illinois Department of Transportation in the positions of sign hanger and sign hanger foreman in the definition of "State highway maintenance worker". Provides that a person who is employed on a full-time basis by the Illinois Department of Transportation in the position of sign hanger or sign hanger foreman may elect to convert service credit earned to eligible creditable service under the alternative annuity formula by filing a written election with the Board and paying a specified amount to the System. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.  LRB103 38573 RPS 68709 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5261 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:  40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1  Amends the State Employee Article of the Illinois Pension Code. Includes persons employed on a full-time basis by the Illinois Department of Transportation in the positions of sign hanger and sign hanger foreman in the definition of "State highway maintenance worker". Provides that a person who is employed on a full-time basis by the Illinois Department of Transportation in the position of sign hanger or sign hanger foreman may elect to convert service credit earned to eligible creditable service under the alternative annuity formula by filing a written election with the Board and paying a specified amount to the System. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.  LRB103 38573 RPS 68709 b     LRB103 38573 RPS 68709 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5261 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-152.1
Amends the State Employee Article of the Illinois Pension Code. Includes persons employed on a full-time basis by the Illinois Department of Transportation in the positions of sign hanger and sign hanger foreman in the definition of "State highway maintenance worker". Provides that a person who is employed on a full-time basis by the Illinois Department of Transportation in the position of sign hanger or sign hanger foreman may elect to convert service credit earned to eligible creditable service under the alternative annuity formula by filing a written election with the Board and paying a specified amount to the System. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.
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    LRB103 38573 RPS 68709 b
A BILL FOR
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  HB5261  LRB103 38573 RPS 68709 b
1  AN ACT concerning public employee benefits.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois Pension Code is amended by
5  changing Sections 14-110 and 14-152.1 as follows:
6  (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
7  (Text of Section from P.A. 102-813 and 103-34)
8  Sec. 14-110. Alternative retirement annuity.
9  (a) Any member who has withdrawn from service with not
10  less than 20 years of eligible creditable service and has
11  attained age 55, and any member who has withdrawn from service
12  with not less than 25 years of eligible creditable service and
13  has attained age 50, regardless of whether the attainment of
14  either of the specified ages occurs while the member is still
15  in service, shall be entitled to receive at the option of the
16  member, in lieu of the regular or minimum retirement annuity,
17  a retirement annuity computed as follows:
18  (i) for periods of service as a noncovered employee:
19  if retirement occurs on or after January 1, 2001, 3% of
20  final average compensation for each year of creditable
21  service; if retirement occurs before January 1, 2001, 2
22  1/4% of final average compensation for each of the first
23  10 years of creditable service, 2 1/2% for each year above

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5261 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-152.1
Amends the State Employee Article of the Illinois Pension Code. Includes persons employed on a full-time basis by the Illinois Department of Transportation in the positions of sign hanger and sign hanger foreman in the definition of "State highway maintenance worker". Provides that a person who is employed on a full-time basis by the Illinois Department of Transportation in the position of sign hanger or sign hanger foreman may elect to convert service credit earned to eligible creditable service under the alternative annuity formula by filing a written election with the Board and paying a specified amount to the System. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.
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    LRB103 38573 RPS 68709 b
A BILL FOR

 

 

40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-152.1



    LRB103 38573 RPS 68709 b

 

 



 

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1  10 years to and including 20 years of creditable service,
2  and 2 3/4% for each year of creditable service above 20
3  years; and
4  (ii) for periods of eligible creditable service as a
5  covered employee: if retirement occurs on or after January
6  1, 2001, 2.5% of final average compensation for each year
7  of creditable service; if retirement occurs before January
8  1, 2001, 1.67% of final average compensation for each of
9  the first 10 years of such service, 1.90% for each of the
10  next 10 years of such service, 2.10% for each year of such
11  service in excess of 20 but not exceeding 30, and 2.30% for
12  each year in excess of 30.
13  Such annuity shall be subject to a maximum of 75% of final
14  average compensation if retirement occurs before January 1,
15  2001 or to a maximum of 80% of final average compensation if
16  retirement occurs on or after January 1, 2001.
17  These rates shall not be applicable to any service
18  performed by a member as a covered employee which is not
19  eligible creditable service. Service as a covered employee
20  which is not eligible creditable service shall be subject to
21  the rates and provisions of Section 14-108.
22  (b) For the purpose of this Section, "eligible creditable
23  service" means creditable service resulting from service in
24  one or more of the following positions:
25  (1) State policeman;
26  (2) fire fighter in the fire protection service of a

 

 

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1  department;
2  (3) air pilot;
3  (4) special agent;
4  (5) investigator for the Secretary of State;
5  (6) conservation police officer;
6  (7) investigator for the Department of Revenue or the
7  Illinois Gaming Board;
8  (8) security employee of the Department of Human
9  Services;
10  (9) Central Management Services security police
11  officer;
12  (10) security employee of the Department of
13  Corrections or the Department of Juvenile Justice;
14  (11) dangerous drugs investigator;
15  (12) investigator for the Illinois State Police;
16  (13) investigator for the Office of the Attorney
17  General;
18  (14) controlled substance inspector;
19  (15) investigator for the Office of the State's
20  Attorneys Appellate Prosecutor;
21  (16) Commerce Commission police officer;
22  (17) arson investigator;
23  (18) State highway maintenance worker;
24  (19) security employee of the Department of Innovation
25  and Technology; or
26  (20) transferred employee.

 

 

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1  A person employed in one of the positions specified in
2  this subsection is entitled to eligible creditable service for
3  service credit earned under this Article while undergoing the
4  basic police training course approved by the Illinois Law
5  Enforcement Training Standards Board, if completion of that
6  training is required of persons serving in that position. For
7  the purposes of this Code, service during the required basic
8  police training course shall be deemed performance of the
9  duties of the specified position, even though the person is
10  not a sworn peace officer at the time of the training.
11  A person under paragraph (20) is entitled to eligible
12  creditable service for service credit earned under this
13  Article on and after his or her transfer by Executive Order No.
14  2003-10, Executive Order No. 2004-2, or Executive Order No.
15  2016-1.
16  (c) For the purposes of this Section:
17  (1) The term "State policeman" includes any title or
18  position in the Illinois State Police that is held by an
19  individual employed under the Illinois State Police Act.
20  (2) The term "fire fighter in the fire protection
21  service of a department" includes all officers in such
22  fire protection service including fire chiefs and
23  assistant fire chiefs.
24  (3) The term "air pilot" includes any employee whose
25  official job description on file in the Department of
26  Central Management Services, or in the department by which

 

 

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1  he is employed if that department is not covered by the
2  Personnel Code, states that his principal duty is the
3  operation of aircraft, and who possesses a pilot's
4  license; however, the change in this definition made by
5  Public Act 83-842 shall not operate to exclude any
6  noncovered employee who was an "air pilot" for the
7  purposes of this Section on January 1, 1984.
8  (4) The term "special agent" means any person who by
9  reason of employment by the Division of Narcotic Control,
10  the Bureau of Investigation or, after July 1, 1977, the
11  Division of Criminal Investigation, the Division of
12  Internal Investigation, the Division of Operations, the
13  Division of Patrol, or any other Division or
14  organizational entity in the Illinois State Police is
15  vested by law with duties to maintain public order,
16  investigate violations of the criminal law of this State,
17  enforce the laws of this State, make arrests and recover
18  property. The term "special agent" includes any title or
19  position in the Illinois State Police that is held by an
20  individual employed under the Illinois State Police Act.
21  (5) The term "investigator for the Secretary of State"
22  means any person employed by the Office of the Secretary
23  of State and vested with such investigative duties as
24  render him ineligible for coverage under the Social
25  Security Act by reason of Sections 218(d)(5)(A),
26  218(d)(8)(D) and 218(l)(1) of that Act.

 

 

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1  A person who became employed as an investigator for
2  the Secretary of State between January 1, 1967 and
3  December 31, 1975, and who has served as such until
4  attainment of age 60, either continuously or with a single
5  break in service of not more than 3 years duration, which
6  break terminated before January 1, 1976, shall be entitled
7  to have his retirement annuity calculated in accordance
8  with subsection (a), notwithstanding that he has less than
9  20 years of credit for such service.
10  (6) The term "Conservation Police Officer" means any
11  person employed by the Division of Law Enforcement of the
12  Department of Natural Resources and vested with such law
13  enforcement duties as render him ineligible for coverage
14  under the Social Security Act by reason of Sections
15  218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
16  term "Conservation Police Officer" includes the positions
17  of Chief Conservation Police Administrator and Assistant
18  Conservation Police Administrator.
19  (7) The term "investigator for the Department of
20  Revenue" means any person employed by the Department of
21  Revenue and vested with such investigative duties as
22  render him ineligible for coverage under the Social
23  Security Act by reason of Sections 218(d)(5)(A),
24  218(d)(8)(D) and 218(l)(1) of that Act.
25  The term "investigator for the Illinois Gaming Board"
26  means any person employed as such by the Illinois Gaming

 

 

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1  Board and vested with such peace officer duties as render
2  the person ineligible for coverage under the Social
3  Security Act by reason of Sections 218(d)(5)(A),
4  218(d)(8)(D), and 218(l)(1) of that Act.
5  (8) The term "security employee of the Department of
6  Human Services" means any person employed by the
7  Department of Human Services who (i) is employed at the
8  Chester Mental Health Center and has daily contact with
9  the residents thereof, (ii) is employed within a security
10  unit at a facility operated by the Department and has
11  daily contact with the residents of the security unit,
12  (iii) is employed at a facility operated by the Department
13  that includes a security unit and is regularly scheduled
14  to work at least 50% of his or her working hours within
15  that security unit, or (iv) is a mental health police
16  officer. "Mental health police officer" means any person
17  employed by the Department of Human Services in a position
18  pertaining to the Department's mental health and
19  developmental disabilities functions who is vested with
20  such law enforcement duties as render the person
21  ineligible for coverage under the Social Security Act by
22  reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
23  218(l)(1) of that Act. "Security unit" means that portion
24  of a facility that is devoted to the care, containment,
25  and treatment of persons committed to the Department of
26  Human Services as sexually violent persons, persons unfit

 

 

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1  to stand trial, or persons not guilty by reason of
2  insanity. With respect to past employment, references to
3  the Department of Human Services include its predecessor,
4  the Department of Mental Health and Developmental
5  Disabilities.
6  The changes made to this subdivision (c)(8) by Public
7  Act 92-14 apply to persons who retire on or after January
8  1, 2001, notwithstanding Section 1-103.1.
9  (9) "Central Management Services security police
10  officer" means any person employed by the Department of
11  Central Management Services who is vested with such law
12  enforcement duties as render him ineligible for coverage
13  under the Social Security Act by reason of Sections
14  218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
15  (10) For a member who first became an employee under
16  this Article before July 1, 2005, the term "security
17  employee of the Department of Corrections or the
18  Department of Juvenile Justice" means any employee of the
19  Department of Corrections or the Department of Juvenile
20  Justice or the former Department of Personnel, and any
21  member or employee of the Prisoner Review Board, who has
22  daily contact with inmates or youth by working within a
23  correctional facility or Juvenile facility operated by the
24  Department of Juvenile Justice or who is a parole officer
25  or an employee who has direct contact with committed
26  persons in the performance of his or her job duties. For a

 

 

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1  member who first becomes an employee under this Article on
2  or after July 1, 2005, the term means an employee of the
3  Department of Corrections or the Department of Juvenile
4  Justice who is any of the following: (i) officially
5  headquartered at a correctional facility or Juvenile
6  facility operated by the Department of Juvenile Justice,
7  (ii) a parole officer, (iii) a member of the apprehension
8  unit, (iv) a member of the intelligence unit, (v) a member
9  of the sort team, or (vi) an investigator.
10  (11) The term "dangerous drugs investigator" means any
11  person who is employed as such by the Department of Human
12  Services.
13  (12) The term "investigator for the Illinois State
14  Police" means a person employed by the Illinois State
15  Police who is vested under Section 4 of the Narcotic
16  Control Division Abolition Act with such law enforcement
17  powers as render him ineligible for coverage under the
18  Social Security Act by reason of Sections 218(d)(5)(A),
19  218(d)(8)(D) and 218(l)(1) of that Act.
20  (13) "Investigator for the Office of the Attorney
21  General" means any person who is employed as such by the
22  Office of the Attorney General and is vested with such
23  investigative duties as render him ineligible for coverage
24  under the Social Security Act by reason of Sections
25  218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
26  the period before January 1, 1989, the term includes all

 

 

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1  persons who were employed as investigators by the Office
2  of the Attorney General, without regard to social security
3  status.
4  (14) "Controlled substance inspector" means any person
5  who is employed as such by the Department of Professional
6  Regulation and is vested with such law enforcement duties
7  as render him ineligible for coverage under the Social
8  Security Act by reason of Sections 218(d)(5)(A),
9  218(d)(8)(D) and 218(l)(1) of that Act. The term
10  "controlled substance inspector" includes the Program
11  Executive of Enforcement and the Assistant Program
12  Executive of Enforcement.
13  (15) The term "investigator for the Office of the
14  State's Attorneys Appellate Prosecutor" means a person
15  employed in that capacity on a full-time basis under the
16  authority of Section 7.06 of the State's Attorneys
17  Appellate Prosecutor's Act.
18  (16) "Commerce Commission police officer" means any
19  person employed by the Illinois Commerce Commission who is
20  vested with such law enforcement duties as render him
21  ineligible for coverage under the Social Security Act by
22  reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
23  218(l)(1) of that Act.
24  (17) "Arson investigator" means any person who is
25  employed as such by the Office of the State Fire Marshal
26  and is vested with such law enforcement duties as render

 

 

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1  the person ineligible for coverage under the Social
2  Security Act by reason of Sections 218(d)(5)(A),
3  218(d)(8)(D), and 218(l)(1) of that Act. A person who was
4  employed as an arson investigator on January 1, 1995 and
5  is no longer in service but not yet receiving a retirement
6  annuity may convert his or her creditable service for
7  employment as an arson investigator into eligible
8  creditable service by paying to the System the difference
9  between the employee contributions actually paid for that
10  service and the amounts that would have been contributed
11  if the applicant were contributing at the rate applicable
12  to persons with the same social security status earning
13  eligible creditable service on the date of application.
14  (18) The term "State highway maintenance worker" means
15  a person who is either of the following:
16  (i) A person employed on a full-time basis by the
17  Illinois Department of Transportation in the position
18  of highway maintainer, highway maintenance lead
19  worker, highway maintenance lead/lead worker, sign
20  hanger, sign hanger foreman, heavy construction
21  equipment operator, power shovel operator, or bridge
22  mechanic; and whose principal responsibility is to
23  perform, on the roadway, the actual maintenance
24  necessary to keep the highways that form a part of the
25  State highway system in serviceable condition for
26  vehicular traffic.

 

 

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1  (ii) A person employed on a full-time basis by the
2  Illinois State Toll Highway Authority in the position
3  of equipment operator/laborer H-4, equipment
4  operator/laborer H-6, welder H-4, welder H-6,
5  mechanical/electrical H-4, mechanical/electrical H-6,
6  water/sewer H-4, water/sewer H-6, sign maker/hanger
7  H-4, sign maker/hanger H-6, roadway lighting H-4,
8  roadway lighting H-6, structural H-4, structural H-6,
9  painter H-4, or painter H-6; and whose principal
10  responsibility is to perform, on the roadway, the
11  actual maintenance necessary to keep the Authority's
12  tollways in serviceable condition for vehicular
13  traffic.
14  The changes to this item (18) made by this amendatory
15  Act of the 103rd General Assembly apply without regard to
16  whether the member was in service on or after its
17  effective date, but do not entitle any person to
18  recalculation of any pension or other benefit already
19  granted.
20  (19) The term "security employee of the Department of
21  Innovation and Technology" means a person who was a
22  security employee of the Department of Corrections or the
23  Department of Juvenile Justice, was transferred to the
24  Department of Innovation and Technology pursuant to
25  Executive Order 2016-01, and continues to perform similar
26  job functions under that Department.

 

 

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1  (20) "Transferred employee" means an employee who was
2  transferred to the Department of Central Management
3  Services by Executive Order No. 2003-10 or Executive Order
4  No. 2004-2 or transferred to the Department of Innovation
5  and Technology by Executive Order No. 2016-1, or both, and
6  was entitled to eligible creditable service for services
7  immediately preceding the transfer.
8  (d) A security employee of the Department of Corrections
9  or the Department of Juvenile Justice, a security employee of
10  the Department of Human Services who is not a mental health
11  police officer, and a security employee of the Department of
12  Innovation and Technology shall not be eligible for the
13  alternative retirement annuity provided by this Section unless
14  he or she meets the following minimum age and service
15  requirements at the time of retirement:
16  (i) 25 years of eligible creditable service and age
17  55; or
18  (ii) beginning January 1, 1987, 25 years of eligible
19  creditable service and age 54, or 24 years of eligible
20  creditable service and age 55; or
21  (iii) beginning January 1, 1988, 25 years of eligible
22  creditable service and age 53, or 23 years of eligible
23  creditable service and age 55; or
24  (iv) beginning January 1, 1989, 25 years of eligible
25  creditable service and age 52, or 22 years of eligible
26  creditable service and age 55; or

 

 

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1  (v) beginning January 1, 1990, 25 years of eligible
2  creditable service and age 51, or 21 years of eligible
3  creditable service and age 55; or
4  (vi) beginning January 1, 1991, 25 years of eligible
5  creditable service and age 50, or 20 years of eligible
6  creditable service and age 55.
7  Persons who have service credit under Article 16 of this
8  Code for service as a security employee of the Department of
9  Corrections or the Department of Juvenile Justice, or the
10  Department of Human Services in a position requiring
11  certification as a teacher may count such service toward
12  establishing their eligibility under the service requirements
13  of this Section; but such service may be used only for
14  establishing such eligibility, and not for the purpose of
15  increasing or calculating any benefit.
16  (e) If a member enters military service while working in a
17  position in which eligible creditable service may be earned,
18  and returns to State service in the same or another such
19  position, and fulfills in all other respects the conditions
20  prescribed in this Article for credit for military service,
21  such military service shall be credited as eligible creditable
22  service for the purposes of the retirement annuity prescribed
23  in this Section.
24  (f) For purposes of calculating retirement annuities under
25  this Section, periods of service rendered after December 31,
26  1968 and before October 1, 1975 as a covered employee in the

 

 

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1  position of special agent, conservation police officer, mental
2  health police officer, or investigator for the Secretary of
3  State, shall be deemed to have been service as a noncovered
4  employee, provided that the employee pays to the System prior
5  to retirement an amount equal to (1) the difference between
6  the employee contributions that would have been required for
7  such service as a noncovered employee, and the amount of
8  employee contributions actually paid, plus (2) if payment is
9  made after July 31, 1987, regular interest on the amount
10  specified in item (1) from the date of service to the date of
11  payment.
12  For purposes of calculating retirement annuities under
13  this Section, periods of service rendered after December 31,
14  1968 and before January 1, 1982 as a covered employee in the
15  position of investigator for the Department of Revenue shall
16  be deemed to have been service as a noncovered employee,
17  provided that the employee pays to the System prior to
18  retirement an amount equal to (1) the difference between the
19  employee contributions that would have been required for such
20  service as a noncovered employee, and the amount of employee
21  contributions actually paid, plus (2) if payment is made after
22  January 1, 1990, regular interest on the amount specified in
23  item (1) from the date of service to the date of payment.
24  (g) A State policeman may elect, not later than January 1,
25  1990, to establish eligible creditable service for up to 10
26  years of his service as a policeman under Article 3, by filing

 

 

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1  a written election with the Board, accompanied by payment of
2  an amount to be determined by the Board, equal to (i) the
3  difference between the amount of employee and employer
4  contributions transferred to the System under Section 3-110.5,
5  and the amounts that would have been contributed had such
6  contributions been made at the rates applicable to State
7  policemen, plus (ii) interest thereon at the effective rate
8  for each year, compounded annually, from the date of service
9  to the date of payment.
10  Subject to the limitation in subsection (i), a State
11  policeman may elect, not later than July 1, 1993, to establish
12  eligible creditable service for up to 10 years of his service
13  as a member of the County Police Department under Article 9, by
14  filing a written election with the Board, accompanied by
15  payment of an amount to be determined by the Board, equal to
16  (i) the difference between the amount of employee and employer
17  contributions transferred to the System under Section 9-121.10
18  and the amounts that would have been contributed had those
19  contributions been made at the rates applicable to State
20  policemen, plus (ii) interest thereon at the effective rate
21  for each year, compounded annually, from the date of service
22  to the date of payment.
23  (h) Subject to the limitation in subsection (i), a State
24  policeman or investigator for the Secretary of State may elect
25  to establish eligible creditable service for up to 12 years of
26  his service as a policeman under Article 5, by filing a written

 

 

  HB5261 - 16 - LRB103 38573 RPS 68709 b


HB5261- 17 -LRB103 38573 RPS 68709 b   HB5261 - 17 - LRB103 38573 RPS 68709 b
  HB5261 - 17 - LRB103 38573 RPS 68709 b
1  election with the Board on or before January 31, 1992, and
2  paying to the System by January 31, 1994 an amount to be
3  determined by the Board, equal to (i) the difference between
4  the amount of employee and employer contributions transferred
5  to the System under Section 5-236, and the amounts that would
6  have been contributed had such contributions been made at the
7  rates applicable to State policemen, plus (ii) interest
8  thereon at the effective rate for each year, compounded
9  annually, from the date of service to the date of payment.
10  Subject to the limitation in subsection (i), a State
11  policeman, conservation police officer, or investigator for
12  the Secretary of State may elect to establish eligible
13  creditable service for up to 10 years of service as a sheriff's
14  law enforcement employee under Article 7, by filing a written
15  election with the Board on or before January 31, 1993, and
16  paying to the System by January 31, 1994 an amount to be
17  determined by the Board, equal to (i) the difference between
18  the amount of employee and employer contributions transferred
19  to the System under Section 7-139.7, and the amounts that
20  would have been contributed had such contributions been made
21  at the rates applicable to State policemen, plus (ii) interest
22  thereon at the effective rate for each year, compounded
23  annually, from the date of service to the date of payment.
24  Subject to the limitation in subsection (i), a State
25  policeman, conservation police officer, or investigator for
26  the Secretary of State may elect to establish eligible

 

 

  HB5261 - 17 - LRB103 38573 RPS 68709 b


HB5261- 18 -LRB103 38573 RPS 68709 b   HB5261 - 18 - LRB103 38573 RPS 68709 b
  HB5261 - 18 - LRB103 38573 RPS 68709 b
1  creditable service for up to 5 years of service as a police
2  officer under Article 3, a policeman under Article 5, a
3  sheriff's law enforcement employee under Article 7, a member
4  of the county police department under Article 9, or a police
5  officer under Article 15 by filing a written election with the
6  Board and paying to the System an amount to be determined by
7  the Board, equal to (i) the difference between the amount of
8  employee and employer contributions transferred to the System
9  under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
10  and the amounts that would have been contributed had such
11  contributions been made at the rates applicable to State
12  policemen, plus (ii) interest thereon at the effective rate
13  for each year, compounded annually, from the date of service
14  to the date of payment.
15  Subject to the limitation in subsection (i), an
16  investigator for the Office of the Attorney General, or an
17  investigator for the Department of Revenue, may elect to
18  establish eligible creditable service for up to 5 years of
19  service as a police officer under Article 3, a policeman under
20  Article 5, a sheriff's law enforcement employee under Article
21  7, or a member of the county police department under Article 9
22  by filing a written election with the Board within 6 months
23  after August 25, 2009 (the effective date of Public Act
24  96-745) and paying to the System an amount to be determined by
25  the Board, equal to (i) the difference between the amount of
26  employee and employer contributions transferred to the System

 

 

  HB5261 - 18 - LRB103 38573 RPS 68709 b


HB5261- 19 -LRB103 38573 RPS 68709 b   HB5261 - 19 - LRB103 38573 RPS 68709 b
  HB5261 - 19 - LRB103 38573 RPS 68709 b
1  under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
2  amounts that would have been contributed had such
3  contributions been made at the rates applicable to State
4  policemen, plus (ii) interest thereon at the actuarially
5  assumed rate for each year, compounded annually, from the date
6  of service to the date of payment.
7  Subject to the limitation in subsection (i), a State
8  policeman, conservation police officer, investigator for the
9  Office of the Attorney General, an investigator for the
10  Department of Revenue, or investigator for the Secretary of
11  State may elect to establish eligible creditable service for
12  up to 5 years of service as a person employed by a
13  participating municipality to perform police duties, or law
14  enforcement officer employed on a full-time basis by a forest
15  preserve district under Article 7, a county corrections
16  officer, or a court services officer under Article 9, by
17  filing a written election with the Board within 6 months after
18  August 25, 2009 (the effective date of Public Act 96-745) and
19  paying to the System an amount to be determined by the Board,
20  equal to (i) the difference between the amount of employee and
21  employer contributions transferred to the System under
22  Sections 7-139.8 and 9-121.10 and the amounts that would have
23  been contributed had such contributions been made at the rates
24  applicable to State policemen, plus (ii) interest thereon at
25  the actuarially assumed rate for each year, compounded
26  annually, from the date of service to the date of payment.

 

 

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HB5261- 20 -LRB103 38573 RPS 68709 b   HB5261 - 20 - LRB103 38573 RPS 68709 b
  HB5261 - 20 - LRB103 38573 RPS 68709 b
1  Subject to the limitation in subsection (i), a State
2  policeman, arson investigator, or Commerce Commission police
3  officer may elect to establish eligible creditable service for
4  up to 5 years of service as a person employed by a
5  participating municipality to perform police duties under
6  Article 7, a county corrections officer, a court services
7  officer under Article 9, or a firefighter under Article 4 by
8  filing a written election with the Board within 6 months after
9  July 30, 2021 (the effective date of Public Act 102-210) and
10  paying to the System an amount to be determined by the Board
11  equal to (i) the difference between the amount of employee and
12  employer contributions transferred to the System under
13  Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
14  would have been contributed had such contributions been made
15  at the rates applicable to State policemen, plus (ii) interest
16  thereon at the actuarially assumed rate for each year,
17  compounded annually, from the date of service to the date of
18  payment.
19  Subject to the limitation in subsection (i), a
20  conservation police officer may elect to establish eligible
21  creditable service for up to 5 years of service as a person
22  employed by a participating municipality to perform police
23  duties under Article 7, a county corrections officer, or a
24  court services officer under Article 9 by filing a written
25  election with the Board within 6 months after July 30, 2021
26  (the effective date of Public Act 102-210) and paying to the

 

 

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HB5261- 21 -LRB103 38573 RPS 68709 b   HB5261 - 21 - LRB103 38573 RPS 68709 b
  HB5261 - 21 - LRB103 38573 RPS 68709 b
1  System an amount to be determined by the Board equal to (i) the
2  difference between the amount of employee and employer
3  contributions transferred to the System under Sections 7-139.8
4  and 9-121.10 and the amounts that would have been contributed
5  had such contributions been made at the rates applicable to
6  State policemen, plus (ii) interest thereon at the actuarially
7  assumed rate for each year, compounded annually, from the date
8  of service to the date of payment.
9  Notwithstanding the limitation in subsection (i), a State
10  policeman or conservation police officer may elect to convert
11  service credit earned under this Article to eligible
12  creditable service, as defined by this Section, by filing a
13  written election with the board within 6 months after July 30,
14  2021 (the effective date of Public Act 102-210) and paying to
15  the System an amount to be determined by the Board equal to (i)
16  the difference between the amount of employee contributions
17  originally paid for that service and the amounts that would
18  have been contributed had such contributions been made at the
19  rates applicable to State policemen, plus (ii) the difference
20  between the employer's normal cost of the credit prior to the
21  conversion authorized by Public Act 102-210 and the employer's
22  normal cost of the credit converted in accordance with Public
23  Act 102-210, plus (iii) interest thereon at the actuarially
24  assumed rate for each year, compounded annually, from the date
25  of service to the date of payment.
26  (i) The total amount of eligible creditable service

 

 

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HB5261- 22 -LRB103 38573 RPS 68709 b   HB5261 - 22 - LRB103 38573 RPS 68709 b
  HB5261 - 22 - LRB103 38573 RPS 68709 b
1  established by any person under subsections (g), (h), (j),
2  (k), (l), (l-5), and (o) of this Section shall not exceed 12
3  years.
4  (j) Subject to the limitation in subsection (i), an
5  investigator for the Office of the State's Attorneys Appellate
6  Prosecutor or a controlled substance inspector may elect to
7  establish eligible creditable service for up to 10 years of
8  his service as a policeman under Article 3 or a sheriff's law
9  enforcement employee under Article 7, by filing a written
10  election with the Board, accompanied by payment of an amount
11  to be determined by the Board, equal to (1) the difference
12  between the amount of employee and employer contributions
13  transferred to the System under Section 3-110.6 or 7-139.8,
14  and the amounts that would have been contributed had such
15  contributions been made at the rates applicable to State
16  policemen, plus (2) interest thereon at the effective rate for
17  each year, compounded annually, from the date of service to
18  the date of payment.
19  (k) Subject to the limitation in subsection (i) of this
20  Section, an alternative formula employee may elect to
21  establish eligible creditable service for periods spent as a
22  full-time law enforcement officer or full-time corrections
23  officer employed by the federal government or by a state or
24  local government located outside of Illinois, for which credit
25  is not held in any other public employee pension fund or
26  retirement system. To obtain this credit, the applicant must

 

 

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HB5261- 23 -LRB103 38573 RPS 68709 b   HB5261 - 23 - LRB103 38573 RPS 68709 b
  HB5261 - 23 - LRB103 38573 RPS 68709 b
1  file a written application with the Board by March 31, 1998,
2  accompanied by evidence of eligibility acceptable to the Board
3  and payment of an amount to be determined by the Board, equal
4  to (1) employee contributions for the credit being
5  established, based upon the applicant's salary on the first
6  day as an alternative formula employee after the employment
7  for which credit is being established and the rates then
8  applicable to alternative formula employees, plus (2) an
9  amount determined by the Board to be the employer's normal
10  cost of the benefits accrued for the credit being established,
11  plus (3) regular interest on the amounts in items (1) and (2)
12  from the first day as an alternative formula employee after
13  the employment for which credit is being established to the
14  date of payment.
15  (l) Subject to the limitation in subsection (i), a
16  security employee of the Department of Corrections may elect,
17  not later than July 1, 1998, to establish eligible creditable
18  service for up to 10 years of his or her service as a policeman
19  under Article 3, by filing a written election with the Board,
20  accompanied by payment of an amount to be determined by the
21  Board, equal to (i) the difference between the amount of
22  employee and employer contributions transferred to the System
23  under Section 3-110.5, and the amounts that would have been
24  contributed had such contributions been made at the rates
25  applicable to security employees of the Department of
26  Corrections, plus (ii) interest thereon at the effective rate

 

 

  HB5261 - 23 - LRB103 38573 RPS 68709 b


HB5261- 24 -LRB103 38573 RPS 68709 b   HB5261 - 24 - LRB103 38573 RPS 68709 b
  HB5261 - 24 - LRB103 38573 RPS 68709 b
1  for each year, compounded annually, from the date of service
2  to the date of payment.
3  (l-5) Subject to the limitation in subsection (i) of this
4  Section, a State policeman may elect to establish eligible
5  creditable service for up to 5 years of service as a full-time
6  law enforcement officer employed by the federal government or
7  by a state or local government located outside of Illinois for
8  which credit is not held in any other public employee pension
9  fund or retirement system. To obtain this credit, the
10  applicant must file a written application with the Board no
11  later than 3 years after January 1, 2020 (the effective date of
12  Public Act 101-610), accompanied by evidence of eligibility
13  acceptable to the Board and payment of an amount to be
14  determined by the Board, equal to (1) employee contributions
15  for the credit being established, based upon the applicant's
16  salary on the first day as an alternative formula employee
17  after the employment for which credit is being established and
18  the rates then applicable to alternative formula employees,
19  plus (2) an amount determined by the Board to be the employer's
20  normal cost of the benefits accrued for the credit being
21  established, plus (3) regular interest on the amounts in items
22  (1) and (2) from the first day as an alternative formula
23  employee after the employment for which credit is being
24  established to the date of payment.
25  (m) The amendatory changes to this Section made by Public
26  Act 94-696 apply only to: (1) security employees of the

 

 

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HB5261- 25 -LRB103 38573 RPS 68709 b   HB5261 - 25 - LRB103 38573 RPS 68709 b
  HB5261 - 25 - LRB103 38573 RPS 68709 b
1  Department of Juvenile Justice employed by the Department of
2  Corrections before June 1, 2006 (the effective date of Public
3  Act 94-696) and transferred to the Department of Juvenile
4  Justice by Public Act 94-696; and (2) persons employed by the
5  Department of Juvenile Justice on or after June 1, 2006 (the
6  effective date of Public Act 94-696) who are required by
7  subsection (b) of Section 3-2.5-15 of the Unified Code of
8  Corrections to have any bachelor's or advanced degree from an
9  accredited college or university or, in the case of persons
10  who provide vocational training, who are required to have
11  adequate knowledge in the skill for which they are providing
12  the vocational training.
13  (n) A person employed in a position under subsection (b)
14  of this Section who has purchased service credit under
15  subsection (j) of Section 14-104 or subsection (b) of Section
16  14-105 in any other capacity under this Article may convert up
17  to 5 years of that service credit into service credit covered
18  under this Section by paying to the Fund an amount equal to (1)
19  the additional employee contribution required under Section
20  14-133, plus (2) the additional employer contribution required
21  under Section 14-131, plus (3) interest on items (1) and (2) at
22  the actuarially assumed rate from the date of the service to
23  the date of payment.
24  (o) Subject to the limitation in subsection (i), a
25  conservation police officer, investigator for the Secretary of
26  State, Commerce Commission police officer, investigator for

 

 

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HB5261- 26 -LRB103 38573 RPS 68709 b   HB5261 - 26 - LRB103 38573 RPS 68709 b
  HB5261 - 26 - LRB103 38573 RPS 68709 b
1  the Department of Revenue or the Illinois Gaming Board, or
2  arson investigator subject to subsection (g) of Section 1-160
3  may elect to convert up to 8 years of service credit
4  established before January 1, 2020 (the effective date of
5  Public Act 101-610) as a conservation police officer,
6  investigator for the Secretary of State, Commerce Commission
7  police officer, investigator for the Department of Revenue or
8  the Illinois Gaming Board, or arson investigator under this
9  Article into eligible creditable service by filing a written
10  election with the Board no later than one year after January 1,
11  2020 (the effective date of Public Act 101-610), accompanied
12  by payment of an amount to be determined by the Board equal to
13  (i) the difference between the amount of the employee
14  contributions actually paid for that service and the amount of
15  the employee contributions that would have been paid had the
16  employee contributions been made as a noncovered employee
17  serving in a position in which eligible creditable service, as
18  defined in this Section, may be earned, plus (ii) interest
19  thereon at the effective rate for each year, compounded
20  annually, from the date of service to the date of payment.
21  (q) A person who is employed on a full-time basis by the
22  Illinois Department of Transportation in the position of sign
23  hanger or sign hanger foreman may elect to convert service
24  credit earned under this Article to eligible creditable
25  service by filing a written election with the Board and paying
26  to the System an amount to be determined by the Board equal to

 

 

  HB5261 - 26 - LRB103 38573 RPS 68709 b


HB5261- 27 -LRB103 38573 RPS 68709 b   HB5261 - 27 - LRB103 38573 RPS 68709 b
  HB5261 - 27 - LRB103 38573 RPS 68709 b
1  (i) the difference between the amount of employee
2  contributions originally paid for that service and the amounts
3  that would have been contributed had such contributions been
4  made at the rates applicable to State highway maintenance
5  workers, plus (ii) the difference between the employer's
6  normal cost of the credit prior to the conversion authorized
7  by this amendatory Act of the 103rd General Assembly and the
8  employer's normal cost of the credit converted in accordance
9  with this amendatory Act of the 103rd General Assembly, plus
10  (iii) interest thereon at the actuarially assumed rate for
11  each year, compounded annually, from the date of service to
12  the date of payment.
13  (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
14  102-813, eff. 5-13-22; 103-34, eff. 1-1-24.)
15  (Text of Section from P.A. 102-856 and 103-34)
16  Sec. 14-110. Alternative retirement annuity.
17  (a) Any member who has withdrawn from service with not
18  less than 20 years of eligible creditable service and has
19  attained age 55, and any member who has withdrawn from service
20  with not less than 25 years of eligible creditable service and
21  has attained age 50, regardless of whether the attainment of
22  either of the specified ages occurs while the member is still
23  in service, shall be entitled to receive at the option of the
24  member, in lieu of the regular or minimum retirement annuity,
25  a retirement annuity computed as follows:

 

 

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HB5261- 28 -LRB103 38573 RPS 68709 b   HB5261 - 28 - LRB103 38573 RPS 68709 b
  HB5261 - 28 - LRB103 38573 RPS 68709 b
1  (i) for periods of service as a noncovered employee:
2  if retirement occurs on or after January 1, 2001, 3% of
3  final average compensation for each year of creditable
4  service; if retirement occurs before January 1, 2001, 2
5  1/4% of final average compensation for each of the first
6  10 years of creditable service, 2 1/2% for each year above
7  10 years to and including 20 years of creditable service,
8  and 2 3/4% for each year of creditable service above 20
9  years; and
10  (ii) for periods of eligible creditable service as a
11  covered employee: if retirement occurs on or after January
12  1, 2001, 2.5% of final average compensation for each year
13  of creditable service; if retirement occurs before January
14  1, 2001, 1.67% of final average compensation for each of
15  the first 10 years of such service, 1.90% for each of the
16  next 10 years of such service, 2.10% for each year of such
17  service in excess of 20 but not exceeding 30, and 2.30% for
18  each year in excess of 30.
19  Such annuity shall be subject to a maximum of 75% of final
20  average compensation if retirement occurs before January 1,
21  2001 or to a maximum of 80% of final average compensation if
22  retirement occurs on or after January 1, 2001.
23  These rates shall not be applicable to any service
24  performed by a member as a covered employee which is not
25  eligible creditable service. Service as a covered employee
26  which is not eligible creditable service shall be subject to

 

 

  HB5261 - 28 - LRB103 38573 RPS 68709 b


HB5261- 29 -LRB103 38573 RPS 68709 b   HB5261 - 29 - LRB103 38573 RPS 68709 b
  HB5261 - 29 - LRB103 38573 RPS 68709 b
1  the rates and provisions of Section 14-108.
2  (b) For the purpose of this Section, "eligible creditable
3  service" means creditable service resulting from service in
4  one or more of the following positions:
5  (1) State policeman;
6  (2) fire fighter in the fire protection service of a
7  department;
8  (3) air pilot;
9  (4) special agent;
10  (5) investigator for the Secretary of State;
11  (6) conservation police officer;
12  (7) investigator for the Department of Revenue or the
13  Illinois Gaming Board;
14  (8) security employee of the Department of Human
15  Services;
16  (9) Central Management Services security police
17  officer;
18  (10) security employee of the Department of
19  Corrections or the Department of Juvenile Justice;
20  (11) dangerous drugs investigator;
21  (12) investigator for the Illinois State Police;
22  (13) investigator for the Office of the Attorney
23  General;
24  (14) controlled substance inspector;
25  (15) investigator for the Office of the State's
26  Attorneys Appellate Prosecutor;

 

 

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  HB5261 - 30 - LRB103 38573 RPS 68709 b
1  (16) Commerce Commission police officer;
2  (17) arson investigator;
3  (18) State highway maintenance worker;
4  (19) security employee of the Department of Innovation
5  and Technology; or
6  (20) transferred employee.
7  A person employed in one of the positions specified in
8  this subsection is entitled to eligible creditable service for
9  service credit earned under this Article while undergoing the
10  basic police training course approved by the Illinois Law
11  Enforcement Training Standards Board, if completion of that
12  training is required of persons serving in that position. For
13  the purposes of this Code, service during the required basic
14  police training course shall be deemed performance of the
15  duties of the specified position, even though the person is
16  not a sworn peace officer at the time of the training.
17  A person under paragraph (20) is entitled to eligible
18  creditable service for service credit earned under this
19  Article on and after his or her transfer by Executive Order No.
20  2003-10, Executive Order No. 2004-2, or Executive Order No.
21  2016-1.
22  (c) For the purposes of this Section:
23  (1) The term "State policeman" includes any title or
24  position in the Illinois State Police that is held by an
25  individual employed under the Illinois State Police Act.
26  (2) The term "fire fighter in the fire protection

 

 

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  HB5261 - 31 - LRB103 38573 RPS 68709 b
1  service of a department" includes all officers in such
2  fire protection service including fire chiefs and
3  assistant fire chiefs.
4  (3) The term "air pilot" includes any employee whose
5  official job description on file in the Department of
6  Central Management Services, or in the department by which
7  he is employed if that department is not covered by the
8  Personnel Code, states that his principal duty is the
9  operation of aircraft, and who possesses a pilot's
10  license; however, the change in this definition made by
11  Public Act 83-842 shall not operate to exclude any
12  noncovered employee who was an "air pilot" for the
13  purposes of this Section on January 1, 1984.
14  (4) The term "special agent" means any person who by
15  reason of employment by the Division of Narcotic Control,
16  the Bureau of Investigation or, after July 1, 1977, the
17  Division of Criminal Investigation, the Division of
18  Internal Investigation, the Division of Operations, the
19  Division of Patrol, or any other Division or
20  organizational entity in the Illinois State Police is
21  vested by law with duties to maintain public order,
22  investigate violations of the criminal law of this State,
23  enforce the laws of this State, make arrests and recover
24  property. The term "special agent" includes any title or
25  position in the Illinois State Police that is held by an
26  individual employed under the Illinois State Police Act.

 

 

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  HB5261 - 32 - LRB103 38573 RPS 68709 b
1  (5) The term "investigator for the Secretary of State"
2  means any person employed by the Office of the Secretary
3  of State and vested with such investigative duties as
4  render him ineligible for coverage under the Social
5  Security Act by reason of Sections 218(d)(5)(A),
6  218(d)(8)(D) and 218(l)(1) of that Act.
7  A person who became employed as an investigator for
8  the Secretary of State between January 1, 1967 and
9  December 31, 1975, and who has served as such until
10  attainment of age 60, either continuously or with a single
11  break in service of not more than 3 years duration, which
12  break terminated before January 1, 1976, shall be entitled
13  to have his retirement annuity calculated in accordance
14  with subsection (a), notwithstanding that he has less than
15  20 years of credit for such service.
16  (6) The term "Conservation Police Officer" means any
17  person employed by the Division of Law Enforcement of the
18  Department of Natural Resources and vested with such law
19  enforcement duties as render him ineligible for coverage
20  under the Social Security Act by reason of Sections
21  218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
22  term "Conservation Police Officer" includes the positions
23  of Chief Conservation Police Administrator and Assistant
24  Conservation Police Administrator.
25  (7) The term "investigator for the Department of
26  Revenue" means any person employed by the Department of

 

 

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  HB5261 - 33 - LRB103 38573 RPS 68709 b
1  Revenue and vested with such investigative duties as
2  render him ineligible for coverage under the Social
3  Security Act by reason of Sections 218(d)(5)(A),
4  218(d)(8)(D) and 218(l)(1) of that Act.
5  The term "investigator for the Illinois Gaming Board"
6  means any person employed as such by the Illinois Gaming
7  Board and vested with such peace officer duties as render
8  the person ineligible for coverage under the Social
9  Security Act by reason of Sections 218(d)(5)(A),
10  218(d)(8)(D), and 218(l)(1) of that Act.
11  (8) The term "security employee of the Department of
12  Human Services" means any person employed by the
13  Department of Human Services who (i) is employed at the
14  Chester Mental Health Center and has daily contact with
15  the residents thereof, (ii) is employed within a security
16  unit at a facility operated by the Department and has
17  daily contact with the residents of the security unit,
18  (iii) is employed at a facility operated by the Department
19  that includes a security unit and is regularly scheduled
20  to work at least 50% of his or her working hours within
21  that security unit, or (iv) is a mental health police
22  officer. "Mental health police officer" means any person
23  employed by the Department of Human Services in a position
24  pertaining to the Department's mental health and
25  developmental disabilities functions who is vested with
26  such law enforcement duties as render the person

 

 

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1  ineligible for coverage under the Social Security Act by
2  reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
3  218(l)(1) of that Act. "Security unit" means that portion
4  of a facility that is devoted to the care, containment,
5  and treatment of persons committed to the Department of
6  Human Services as sexually violent persons, persons unfit
7  to stand trial, or persons not guilty by reason of
8  insanity. With respect to past employment, references to
9  the Department of Human Services include its predecessor,
10  the Department of Mental Health and Developmental
11  Disabilities.
12  The changes made to this subdivision (c)(8) by Public
13  Act 92-14 apply to persons who retire on or after January
14  1, 2001, notwithstanding Section 1-103.1.
15  (9) "Central Management Services security police
16  officer" means any person employed by the Department of
17  Central Management Services who is vested with such law
18  enforcement duties as render him ineligible for coverage
19  under the Social Security Act by reason of Sections
20  218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
21  (10) For a member who first became an employee under
22  this Article before July 1, 2005, the term "security
23  employee of the Department of Corrections or the
24  Department of Juvenile Justice" means any employee of the
25  Department of Corrections or the Department of Juvenile
26  Justice or the former Department of Personnel, and any

 

 

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1  member or employee of the Prisoner Review Board, who has
2  daily contact with inmates or youth by working within a
3  correctional facility or Juvenile facility operated by the
4  Department of Juvenile Justice or who is a parole officer
5  or an employee who has direct contact with committed
6  persons in the performance of his or her job duties. For a
7  member who first becomes an employee under this Article on
8  or after July 1, 2005, the term means an employee of the
9  Department of Corrections or the Department of Juvenile
10  Justice who is any of the following: (i) officially
11  headquartered at a correctional facility or Juvenile
12  facility operated by the Department of Juvenile Justice,
13  (ii) a parole officer, (iii) a member of the apprehension
14  unit, (iv) a member of the intelligence unit, (v) a member
15  of the sort team, or (vi) an investigator.
16  (11) The term "dangerous drugs investigator" means any
17  person who is employed as such by the Department of Human
18  Services.
19  (12) The term "investigator for the Illinois State
20  Police" means a person employed by the Illinois State
21  Police who is vested under Section 4 of the Narcotic
22  Control Division Abolition Act with such law enforcement
23  powers as render him ineligible for coverage under the
24  Social Security Act by reason of Sections 218(d)(5)(A),
25  218(d)(8)(D) and 218(l)(1) of that Act.
26  (13) "Investigator for the Office of the Attorney

 

 

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1  General" means any person who is employed as such by the
2  Office of the Attorney General and is vested with such
3  investigative duties as render him ineligible for coverage
4  under the Social Security Act by reason of Sections
5  218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
6  the period before January 1, 1989, the term includes all
7  persons who were employed as investigators by the Office
8  of the Attorney General, without regard to social security
9  status.
10  (14) "Controlled substance inspector" means any person
11  who is employed as such by the Department of Professional
12  Regulation and is vested with such law enforcement duties
13  as render him ineligible for coverage under the Social
14  Security Act by reason of Sections 218(d)(5)(A),
15  218(d)(8)(D) and 218(l)(1) of that Act. The term
16  "controlled substance inspector" includes the Program
17  Executive of Enforcement and the Assistant Program
18  Executive of Enforcement.
19  (15) The term "investigator for the Office of the
20  State's Attorneys Appellate Prosecutor" means a person
21  employed in that capacity on a full-time basis under the
22  authority of Section 7.06 of the State's Attorneys
23  Appellate Prosecutor's Act.
24  (16) "Commerce Commission police officer" means any
25  person employed by the Illinois Commerce Commission who is
26  vested with such law enforcement duties as render him

 

 

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1  ineligible for coverage under the Social Security Act by
2  reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
3  218(l)(1) of that Act.
4  (17) "Arson investigator" means any person who is
5  employed as such by the Office of the State Fire Marshal
6  and is vested with such law enforcement duties as render
7  the person ineligible for coverage under the Social
8  Security Act by reason of Sections 218(d)(5)(A),
9  218(d)(8)(D), and 218(l)(1) of that Act. A person who was
10  employed as an arson investigator on January 1, 1995 and
11  is no longer in service but not yet receiving a retirement
12  annuity may convert his or her creditable service for
13  employment as an arson investigator into eligible
14  creditable service by paying to the System the difference
15  between the employee contributions actually paid for that
16  service and the amounts that would have been contributed
17  if the applicant were contributing at the rate applicable
18  to persons with the same social security status earning
19  eligible creditable service on the date of application.
20  (18) The term "State highway maintenance worker" means
21  a person who is either of the following:
22  (i) A person employed on a full-time basis by the
23  Illinois Department of Transportation in the position
24  of highway maintainer, highway maintenance lead
25  worker, highway maintenance lead/lead worker, sign
26  hanger, sign hanger foreman, heavy construction

 

 

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1  equipment operator, power shovel operator, or bridge
2  mechanic; and whose principal responsibility is to
3  perform, on the roadway, the actual maintenance
4  necessary to keep the highways that form a part of the
5  State highway system in serviceable condition for
6  vehicular traffic.
7  (ii) A person employed on a full-time basis by the
8  Illinois State Toll Highway Authority in the position
9  of equipment operator/laborer H-4, equipment
10  operator/laborer H-6, welder H-4, welder H-6,
11  mechanical/electrical H-4, mechanical/electrical H-6,
12  water/sewer H-4, water/sewer H-6, sign maker/hanger
13  H-4, sign maker/hanger H-6, roadway lighting H-4,
14  roadway lighting H-6, structural H-4, structural H-6,
15  painter H-4, or painter H-6; and whose principal
16  responsibility is to perform, on the roadway, the
17  actual maintenance necessary to keep the Authority's
18  tollways in serviceable condition for vehicular
19  traffic.
20  The changes to this item (18) made by this amendatory
21  Act of the 103rd General Assembly apply without regard to
22  whether the member was in service on or after its
23  effective date, but do not entitle any person to
24  recalculation of any pension or other benefit already
25  granted.
26  (19) The term "security employee of the Department of

 

 

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1  Innovation and Technology" means a person who was a
2  security employee of the Department of Corrections or the
3  Department of Juvenile Justice, was transferred to the
4  Department of Innovation and Technology pursuant to
5  Executive Order 2016-01, and continues to perform similar
6  job functions under that Department.
7  (20) "Transferred employee" means an employee who was
8  transferred to the Department of Central Management
9  Services by Executive Order No. 2003-10 or Executive Order
10  No. 2004-2 or transferred to the Department of Innovation
11  and Technology by Executive Order No. 2016-1, or both, and
12  was entitled to eligible creditable service for services
13  immediately preceding the transfer.
14  (d) A security employee of the Department of Corrections
15  or the Department of Juvenile Justice, a security employee of
16  the Department of Human Services who is not a mental health
17  police officer, and a security employee of the Department of
18  Innovation and Technology shall not be eligible for the
19  alternative retirement annuity provided by this Section unless
20  he or she meets the following minimum age and service
21  requirements at the time of retirement:
22  (i) 25 years of eligible creditable service and age
23  55; or
24  (ii) beginning January 1, 1987, 25 years of eligible
25  creditable service and age 54, or 24 years of eligible
26  creditable service and age 55; or

 

 

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1  (iii) beginning January 1, 1988, 25 years of eligible
2  creditable service and age 53, or 23 years of eligible
3  creditable service and age 55; or
4  (iv) beginning January 1, 1989, 25 years of eligible
5  creditable service and age 52, or 22 years of eligible
6  creditable service and age 55; or
7  (v) beginning January 1, 1990, 25 years of eligible
8  creditable service and age 51, or 21 years of eligible
9  creditable service and age 55; or
10  (vi) beginning January 1, 1991, 25 years of eligible
11  creditable service and age 50, or 20 years of eligible
12  creditable service and age 55.
13  Persons who have service credit under Article 16 of this
14  Code for service as a security employee of the Department of
15  Corrections or the Department of Juvenile Justice, or the
16  Department of Human Services in a position requiring
17  certification as a teacher may count such service toward
18  establishing their eligibility under the service requirements
19  of this Section; but such service may be used only for
20  establishing such eligibility, and not for the purpose of
21  increasing or calculating any benefit.
22  (e) If a member enters military service while working in a
23  position in which eligible creditable service may be earned,
24  and returns to State service in the same or another such
25  position, and fulfills in all other respects the conditions
26  prescribed in this Article for credit for military service,

 

 

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1  such military service shall be credited as eligible creditable
2  service for the purposes of the retirement annuity prescribed
3  in this Section.
4  (f) For purposes of calculating retirement annuities under
5  this Section, periods of service rendered after December 31,
6  1968 and before October 1, 1975 as a covered employee in the
7  position of special agent, conservation police officer, mental
8  health police officer, or investigator for the Secretary of
9  State, shall be deemed to have been service as a noncovered
10  employee, provided that the employee pays to the System prior
11  to retirement an amount equal to (1) the difference between
12  the employee contributions that would have been required for
13  such service as a noncovered employee, and the amount of
14  employee contributions actually paid, plus (2) if payment is
15  made after July 31, 1987, regular interest on the amount
16  specified in item (1) from the date of service to the date of
17  payment.
18  For purposes of calculating retirement annuities under
19  this Section, periods of service rendered after December 31,
20  1968 and before January 1, 1982 as a covered employee in the
21  position of investigator for the Department of Revenue shall
22  be deemed to have been service as a noncovered employee,
23  provided that the employee pays to the System prior to
24  retirement an amount equal to (1) the difference between the
25  employee contributions that would have been required for such
26  service as a noncovered employee, and the amount of employee

 

 

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1  contributions actually paid, plus (2) if payment is made after
2  January 1, 1990, regular interest on the amount specified in
3  item (1) from the date of service to the date of payment.
4  (g) A State policeman may elect, not later than January 1,
5  1990, to establish eligible creditable service for up to 10
6  years of his service as a policeman under Article 3, by filing
7  a written election with the Board, accompanied by payment of
8  an amount to be determined by the Board, equal to (i) the
9  difference between the amount of employee and employer
10  contributions transferred to the System under Section 3-110.5,
11  and the amounts that would have been contributed had such
12  contributions been made at the rates applicable to State
13  policemen, plus (ii) interest thereon at the effective rate
14  for each year, compounded annually, from the date of service
15  to the date of payment.
16  Subject to the limitation in subsection (i), a State
17  policeman may elect, not later than July 1, 1993, to establish
18  eligible creditable service for up to 10 years of his service
19  as a member of the County Police Department under Article 9, by
20  filing a written election with the Board, accompanied by
21  payment of an amount to be determined by the Board, equal to
22  (i) the difference between the amount of employee and employer
23  contributions transferred to the System under Section 9-121.10
24  and the amounts that would have been contributed had those
25  contributions been made at the rates applicable to State
26  policemen, plus (ii) interest thereon at the effective rate

 

 

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1  for each year, compounded annually, from the date of service
2  to the date of payment.
3  (h) Subject to the limitation in subsection (i), a State
4  policeman or investigator for the Secretary of State may elect
5  to establish eligible creditable service for up to 12 years of
6  his service as a policeman under Article 5, by filing a written
7  election with the Board on or before January 31, 1992, and
8  paying to the System by January 31, 1994 an amount to be
9  determined by the Board, equal to (i) the difference between
10  the amount of employee and employer contributions transferred
11  to the System under Section 5-236, and the amounts that would
12  have been contributed had such contributions been made at the
13  rates applicable to State policemen, plus (ii) interest
14  thereon at the effective rate for each year, compounded
15  annually, from the date of service to the date of payment.
16  Subject to the limitation in subsection (i), a State
17  policeman, conservation police officer, or investigator for
18  the Secretary of State may elect to establish eligible
19  creditable service for up to 10 years of service as a sheriff's
20  law enforcement employee under Article 7, by filing a written
21  election with the Board on or before January 31, 1993, and
22  paying to the System by January 31, 1994 an amount to be
23  determined by the Board, equal to (i) the difference between
24  the amount of employee and employer contributions transferred
25  to the System under Section 7-139.7, and the amounts that
26  would have been contributed had such contributions been made

 

 

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

 

 

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

 

 

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1  employer contributions transferred to the System under
2  Sections 7-139.8 and 9-121.10 and the amounts that would have
3  been contributed had such contributions been made at the rates
4  applicable to State policemen, plus (ii) interest thereon at
5  the actuarially assumed rate for each year, compounded
6  annually, from the date of service to the date of payment.
7  Subject to the limitation in subsection (i), a State
8  policeman, arson investigator, or Commerce Commission police
9  officer may elect to establish eligible creditable service for
10  up to 5 years of service as a person employed by a
11  participating municipality to perform police duties under
12  Article 7, a county corrections officer, a court services
13  officer under Article 9, or a firefighter under Article 4 by
14  filing a written election with the Board within 6 months after
15  July 30, 2021 (the effective date of Public Act 102-210) and
16  paying to the System an amount to be determined by the Board
17  equal to (i) the difference between the amount of employee and
18  employer contributions transferred to the System under
19  Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
20  would have been contributed had such contributions been made
21  at the rates applicable to State policemen, plus (ii) interest
22  thereon at the actuarially assumed rate for each year,
23  compounded annually, from the date of service to the date of
24  payment.
25  Subject to the limitation in subsection (i), a
26  conservation police officer may elect to establish eligible

 

 

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1  creditable service for up to 5 years of service as a person
2  employed by a participating municipality to perform police
3  duties under Article 7, a county corrections officer, or a
4  court services officer under Article 9 by filing a written
5  election with the Board within 6 months after July 30, 2021
6  (the effective date of Public Act 102-210) and paying to the
7  System an amount to be determined by the Board equal to (i) the
8  difference between the amount of employee and employer
9  contributions transferred to the System under Sections 7-139.8
10  and 9-121.10 and the amounts that would have been contributed
11  had such contributions been made at the rates applicable to
12  State policemen, plus (ii) interest thereon at the actuarially
13  assumed rate for each year, compounded annually, from the date
14  of service to the date of payment.
15  Subject to the limitation in subsection (i), an
16  investigator for the Department of Revenue, investigator for
17  the Illinois Gaming Board, investigator for the Secretary of
18  State, or arson investigator may elect to establish eligible
19  creditable service for up to 5 years of service as a person
20  employed by a participating municipality to perform police
21  duties under Article 7, a county corrections officer, a court
22  services officer under Article 9, or a firefighter under
23  Article 4 by filing a written election with the Board within 6
24  months after the effective date of this amendatory Act of the
25  102nd General Assembly and paying to the System an amount to be
26  determined by the Board equal to (i) the difference between

 

 

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1  the amount of employee and employer contributions transferred
2  to the System under Sections 4-108.8, 7-139.8, and 9-121.10
3  and the amounts that would have been contributed had such
4  contributions been made at the rates applicable to State
5  policemen, plus (ii) interest thereon at the actuarially
6  assumed rate for each year, compounded annually, from the date
7  of service to the date of payment.
8  Notwithstanding the limitation in subsection (i), a State
9  policeman or conservation police officer may elect to convert
10  service credit earned under this Article to eligible
11  creditable service, as defined by this Section, by filing a
12  written election with the board within 6 months after July 30,
13  2021 (the effective date of Public Act 102-210) and paying to
14  the System an amount to be determined by the Board equal to (i)
15  the difference between the amount of employee contributions
16  originally paid for that service and the amounts that would
17  have been contributed had such contributions been made at the
18  rates applicable to State policemen, plus (ii) the difference
19  between the employer's normal cost of the credit prior to the
20  conversion authorized by Public Act 102-210 and the employer's
21  normal cost of the credit converted in accordance with Public
22  Act 102-210, plus (iii) interest thereon at the actuarially
23  assumed rate for each year, compounded annually, from the date
24  of service to the date of payment.
25  Notwithstanding the limitation in subsection (i), an
26  investigator for the Department of Revenue, investigator for

 

 

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1  the Illinois Gaming Board, investigator for the Secretary of
2  State, or arson investigator may elect to convert service
3  credit earned under this Article to eligible creditable
4  service, as defined by this Section, by filing a written
5  election with the Board within 6 months after the effective
6  date of this amendatory Act of the 102nd General Assembly and
7  paying to the System an amount to be determined by the Board
8  equal to (i) the difference between the amount of employee
9  contributions originally paid for that service and the amounts
10  that would have been contributed had such contributions been
11  made at the rates applicable to investigators for the
12  Department of Revenue, investigators for the Illinois Gaming
13  Board, investigators for the Secretary of State, or arson
14  investigators, plus (ii) the difference between the employer's
15  normal cost of the credit prior to the conversion authorized
16  by this amendatory Act of the 102nd General Assembly and the
17  employer's normal cost of the credit converted in accordance
18  with this amendatory Act of the 102nd General Assembly, plus
19  (iii) interest thereon at the actuarially assumed rate for
20  each year, compounded annually, from the date of service to
21  the date of payment.
22  (i) The total amount of eligible creditable service
23  established by any person under subsections (g), (h), (j),
24  (k), (l), (l-5), and (o) of this Section shall not exceed 12
25  years.
26  (j) Subject to the limitation in subsection (i), an

 

 

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1  investigator for the Office of the State's Attorneys Appellate
2  Prosecutor or a controlled substance inspector may elect to
3  establish eligible creditable service for up to 10 years of
4  his service as a policeman under Article 3 or a sheriff's law
5  enforcement employee under Article 7, by filing a written
6  election with the Board, accompanied by payment of an amount
7  to be determined by the Board, equal to (1) the difference
8  between the amount of employee and employer contributions
9  transferred to the System under Section 3-110.6 or 7-139.8,
10  and the amounts that would have been contributed had such
11  contributions been made at the rates applicable to State
12  policemen, plus (2) interest thereon at the effective rate for
13  each year, compounded annually, from the date of service to
14  the date of payment.
15  (k) Subject to the limitation in subsection (i) of this
16  Section, an alternative formula employee may elect to
17  establish eligible creditable service for periods spent as a
18  full-time law enforcement officer or full-time corrections
19  officer employed by the federal government or by a state or
20  local government located outside of Illinois, for which credit
21  is not held in any other public employee pension fund or
22  retirement system. To obtain this credit, the applicant must
23  file a written application with the Board by March 31, 1998,
24  accompanied by evidence of eligibility acceptable to the Board
25  and payment of an amount to be determined by the Board, equal
26  to (1) employee contributions for the credit being

 

 

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1  established, based upon the applicant's salary on the first
2  day as an alternative formula employee after the employment
3  for which credit is being established and the rates then
4  applicable to alternative formula employees, plus (2) an
5  amount determined by the Board to be the employer's normal
6  cost of the benefits accrued for the credit being established,
7  plus (3) regular interest on the amounts in items (1) and (2)
8  from the first day as an alternative formula employee after
9  the employment for which credit is being established to the
10  date of payment.
11  (l) Subject to the limitation in subsection (i), a
12  security employee of the Department of Corrections may elect,
13  not later than July 1, 1998, to establish eligible creditable
14  service for up to 10 years of his or her service as a policeman
15  under Article 3, by filing a written election with the Board,
16  accompanied by payment of an amount to be determined by the
17  Board, equal to (i) the difference between the amount of
18  employee and employer contributions transferred to the System
19  under Section 3-110.5, and the amounts that would have been
20  contributed had such contributions been made at the rates
21  applicable to security employees of the Department of
22  Corrections, plus (ii) interest thereon at the effective rate
23  for each year, compounded annually, from the date of service
24  to the date of payment.
25  (l-5) Subject to the limitation in subsection (i) of this
26  Section, a State policeman may elect to establish eligible

 

 

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1  creditable service for up to 5 years of service as a full-time
2  law enforcement officer employed by the federal government or
3  by a state or local government located outside of Illinois for
4  which credit is not held in any other public employee pension
5  fund or retirement system. To obtain this credit, the
6  applicant must file a written application with the Board no
7  later than 3 years after January 1, 2020 (the effective date of
8  Public Act 101-610), accompanied by evidence of eligibility
9  acceptable to the Board and payment of an amount to be
10  determined by the Board, equal to (1) employee contributions
11  for the credit being established, based upon the applicant's
12  salary on the first day as an alternative formula employee
13  after the employment for which credit is being established and
14  the rates then applicable to alternative formula employees,
15  plus (2) an amount determined by the Board to be the employer's
16  normal cost of the benefits accrued for the credit being
17  established, plus (3) regular interest on the amounts in items
18  (1) and (2) from the first day as an alternative formula
19  employee after the employment for which credit is being
20  established to the date of payment.
21  (m) The amendatory changes to this Section made by Public
22  Act 94-696 apply only to: (1) security employees of the
23  Department of Juvenile Justice employed by the Department of
24  Corrections before June 1, 2006 (the effective date of Public
25  Act 94-696) and transferred to the Department of Juvenile
26  Justice by Public Act 94-696; and (2) persons employed by the

 

 

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1  Department of Juvenile Justice on or after June 1, 2006 (the
2  effective date of Public Act 94-696) who are required by
3  subsection (b) of Section 3-2.5-15 of the Unified Code of
4  Corrections to have any bachelor's or advanced degree from an
5  accredited college or university or, in the case of persons
6  who provide vocational training, who are required to have
7  adequate knowledge in the skill for which they are providing
8  the vocational training.
9  (n) A person employed in a position under subsection (b)
10  of this Section who has purchased service credit under
11  subsection (j) of Section 14-104 or subsection (b) of Section
12  14-105 in any other capacity under this Article may convert up
13  to 5 years of that service credit into service credit covered
14  under this Section by paying to the Fund an amount equal to (1)
15  the additional employee contribution required under Section
16  14-133, plus (2) the additional employer contribution required
17  under Section 14-131, plus (3) interest on items (1) and (2) at
18  the actuarially assumed rate from the date of the service to
19  the date of payment.
20  (o) Subject to the limitation in subsection (i), a
21  conservation police officer, investigator for the Secretary of
22  State, Commerce Commission police officer, investigator for
23  the Department of Revenue or the Illinois Gaming Board, or
24  arson investigator subject to subsection (g) of Section 1-160
25  may elect to convert up to 8 years of service credit
26  established before January 1, 2020 (the effective date of

 

 

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1  Public Act 101-610) as a conservation police officer,
2  investigator for the Secretary of State, Commerce Commission
3  police officer, investigator for the Department of Revenue or
4  the Illinois Gaming Board, or arson investigator under this
5  Article into eligible creditable service by filing a written
6  election with the Board no later than one year after January 1,
7  2020 (the effective date of Public Act 101-610), accompanied
8  by payment of an amount to be determined by the Board equal to
9  (i) the difference between the amount of the employee
10  contributions actually paid for that service and the amount of
11  the employee contributions that would have been paid had the
12  employee contributions been made as a noncovered employee
13  serving in a position in which eligible creditable service, as
14  defined in this Section, may be earned, plus (ii) interest
15  thereon at the effective rate for each year, compounded
16  annually, from the date of service to the date of payment.
17  (q) A person who is employed on a full-time basis by the
18  Illinois Department of Transportation in the position of sign
19  hanger or sign hanger foreman may elect to convert service
20  credit earned under this Article to eligible creditable
21  service by filing a written election with the Board and paying
22  to the System an amount to be determined by the Board equal to
23  (i) the difference between the amount of employee
24  contributions originally paid for that service and the amounts
25  that would have been contributed had such contributions been
26  made at the rates applicable to State highway maintenance

 

 

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1  workers, plus (ii) the difference between the employer's
2  normal cost of the credit prior to the conversion authorized
3  by this amendatory Act of the 103rd General Assembly and the
4  employer's normal cost of the credit converted in accordance
5  with this amendatory Act of the 103rd General Assembly, plus
6  (iii) interest thereon at the actuarially assumed rate for
7  each year, compounded annually, from the date of service to
8  the date of payment.
9  (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
10  102-856, eff. 1-1-23; 103-34, eff. 1-1-24.)
11  (Text of Section from P.A. 102-956 and 103-34)
12  Sec. 14-110. Alternative retirement annuity.
13  (a) Any member who has withdrawn from service with not
14  less than 20 years of eligible creditable service and has
15  attained age 55, and any member who has withdrawn from service
16  with not less than 25 years of eligible creditable service and
17  has attained age 50, regardless of whether the attainment of
18  either of the specified ages occurs while the member is still
19  in service, shall be entitled to receive at the option of the
20  member, in lieu of the regular or minimum retirement annuity,
21  a retirement annuity computed as follows:
22  (i) for periods of service as a noncovered employee:
23  if retirement occurs on or after January 1, 2001, 3% of
24  final average compensation for each year of creditable
25  service; if retirement occurs before January 1, 2001, 2

 

 

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1  1/4% of final average compensation for each of the first
2  10 years of creditable service, 2 1/2% for each year above
3  10 years to and including 20 years of creditable service,
4  and 2 3/4% for each year of creditable service above 20
5  years; and
6  (ii) for periods of eligible creditable service as a
7  covered employee: if retirement occurs on or after January
8  1, 2001, 2.5% of final average compensation for each year
9  of creditable service; if retirement occurs before January
10  1, 2001, 1.67% of final average compensation for each of
11  the first 10 years of such service, 1.90% for each of the
12  next 10 years of such service, 2.10% for each year of such
13  service in excess of 20 but not exceeding 30, and 2.30% for
14  each year in excess of 30.
15  Such annuity shall be subject to a maximum of 75% of final
16  average compensation if retirement occurs before January 1,
17  2001 or to a maximum of 80% of final average compensation if
18  retirement occurs on or after January 1, 2001.
19  These rates shall not be applicable to any service
20  performed by a member as a covered employee which is not
21  eligible creditable service. Service as a covered employee
22  which is not eligible creditable service shall be subject to
23  the rates and provisions of Section 14-108.
24  (b) For the purpose of this Section, "eligible creditable
25  service" means creditable service resulting from service in
26  one or more of the following positions:

 

 

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1  (1) State policeman;
2  (2) fire fighter in the fire protection service of a
3  department;
4  (3) air pilot;
5  (4) special agent;
6  (5) investigator for the Secretary of State;
7  (6) conservation police officer;
8  (7) investigator for the Department of Revenue or the
9  Illinois Gaming Board;
10  (8) security employee of the Department of Human
11  Services;
12  (9) Central Management Services security police
13  officer;
14  (10) security employee of the Department of
15  Corrections or the Department of Juvenile Justice;
16  (11) dangerous drugs investigator;
17  (12) investigator for the Illinois State Police;
18  (13) investigator for the Office of the Attorney
19  General;
20  (14) controlled substance inspector;
21  (15) investigator for the Office of the State's
22  Attorneys Appellate Prosecutor;
23  (16) Commerce Commission police officer;
24  (17) arson investigator;
25  (18) State highway maintenance worker;
26  (19) security employee of the Department of Innovation

 

 

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1  and Technology; or
2  (20) transferred employee.
3  A person employed in one of the positions specified in
4  this subsection is entitled to eligible creditable service for
5  service credit earned under this Article while undergoing the
6  basic police training course approved by the Illinois Law
7  Enforcement Training Standards Board, if completion of that
8  training is required of persons serving in that position. For
9  the purposes of this Code, service during the required basic
10  police training course shall be deemed performance of the
11  duties of the specified position, even though the person is
12  not a sworn peace officer at the time of the training.
13  A person under paragraph (20) is entitled to eligible
14  creditable service for service credit earned under this
15  Article on and after his or her transfer by Executive Order No.
16  2003-10, Executive Order No. 2004-2, or Executive Order No.
17  2016-1.
18  (c) For the purposes of this Section:
19  (1) The term "State policeman" includes any title or
20  position in the Illinois State Police that is held by an
21  individual employed under the Illinois State Police Act.
22  (2) The term "fire fighter in the fire protection
23  service of a department" includes all officers in such
24  fire protection service including fire chiefs and
25  assistant fire chiefs.
26  (3) The term "air pilot" includes any employee whose

 

 

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1  official job description on file in the Department of
2  Central Management Services, or in the department by which
3  he is employed if that department is not covered by the
4  Personnel Code, states that his principal duty is the
5  operation of aircraft, and who possesses a pilot's
6  license; however, the change in this definition made by
7  Public Act 83-842 shall not operate to exclude any
8  noncovered employee who was an "air pilot" for the
9  purposes of this Section on January 1, 1984.
10  (4) The term "special agent" means any person who by
11  reason of employment by the Division of Narcotic Control,
12  the Bureau of Investigation or, after July 1, 1977, the
13  Division of Criminal Investigation, the Division of
14  Internal Investigation, the Division of Operations, the
15  Division of Patrol, or any other Division or
16  organizational entity in the Illinois State Police is
17  vested by law with duties to maintain public order,
18  investigate violations of the criminal law of this State,
19  enforce the laws of this State, make arrests and recover
20  property. The term "special agent" includes any title or
21  position in the Illinois State Police that is held by an
22  individual employed under the Illinois State Police Act.
23  (5) The term "investigator for the Secretary of State"
24  means any person employed by the Office of the Secretary
25  of State and vested with such investigative duties as
26  render him ineligible for coverage under the Social

 

 

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1  Security Act by reason of Sections 218(d)(5)(A),
2  218(d)(8)(D) and 218(l)(1) of that Act.
3  A person who became employed as an investigator for
4  the Secretary of State between January 1, 1967 and
5  December 31, 1975, and who has served as such until
6  attainment of age 60, either continuously or with a single
7  break in service of not more than 3 years duration, which
8  break terminated before January 1, 1976, shall be entitled
9  to have his retirement annuity calculated in accordance
10  with subsection (a), notwithstanding that he has less than
11  20 years of credit for such service.
12  (6) The term "Conservation Police Officer" means any
13  person employed by the Division of Law Enforcement of the
14  Department of Natural Resources and vested with such law
15  enforcement duties as render him ineligible for coverage
16  under the Social Security Act by reason of Sections
17  218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
18  term "Conservation Police Officer" includes the positions
19  of Chief Conservation Police Administrator and Assistant
20  Conservation Police Administrator.
21  (7) The term "investigator for the Department of
22  Revenue" means any person employed by the Department of
23  Revenue and vested with such investigative duties as
24  render him ineligible for coverage under the Social
25  Security Act by reason of Sections 218(d)(5)(A),
26  218(d)(8)(D) and 218(l)(1) of that Act.

 

 

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1  The term "investigator for the Illinois Gaming Board"
2  means any person employed as such by the Illinois Gaming
3  Board and vested with such peace officer duties as render
4  the person ineligible for coverage under the Social
5  Security Act by reason of Sections 218(d)(5)(A),
6  218(d)(8)(D), and 218(l)(1) of that Act.
7  (8) The term "security employee of the Department of
8  Human Services" means any person employed by the
9  Department of Human Services who (i) is employed at the
10  Chester Mental Health Center and has daily contact with
11  the residents thereof, (ii) is employed within a security
12  unit at a facility operated by the Department and has
13  daily contact with the residents of the security unit,
14  (iii) is employed at a facility operated by the Department
15  that includes a security unit and is regularly scheduled
16  to work at least 50% of his or her working hours within
17  that security unit, or (iv) is a mental health police
18  officer. "Mental health police officer" means any person
19  employed by the Department of Human Services in a position
20  pertaining to the Department's mental health and
21  developmental disabilities functions who is vested with
22  such law enforcement duties as render the person
23  ineligible for coverage under the Social Security Act by
24  reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
25  218(l)(1) of that Act. "Security unit" means that portion
26  of a facility that is devoted to the care, containment,

 

 

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1  and treatment of persons committed to the Department of
2  Human Services as sexually violent persons, persons unfit
3  to stand trial, or persons not guilty by reason of
4  insanity. With respect to past employment, references to
5  the Department of Human Services include its predecessor,
6  the Department of Mental Health and Developmental
7  Disabilities.
8  The changes made to this subdivision (c)(8) by Public
9  Act 92-14 apply to persons who retire on or after January
10  1, 2001, notwithstanding Section 1-103.1.
11  (9) "Central Management Services security police
12  officer" means any person employed by the Department of
13  Central Management Services who is vested with such law
14  enforcement duties as render him ineligible for coverage
15  under the Social Security Act by reason of Sections
16  218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
17  (10) For a member who first became an employee under
18  this Article before July 1, 2005, the term "security
19  employee of the Department of Corrections or the
20  Department of Juvenile Justice" means any employee of the
21  Department of Corrections or the Department of Juvenile
22  Justice or the former Department of Personnel, and any
23  member or employee of the Prisoner Review Board, who has
24  daily contact with inmates or youth by working within a
25  correctional facility or Juvenile facility operated by the
26  Department of Juvenile Justice or who is a parole officer

 

 

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1  or an employee who has direct contact with committed
2  persons in the performance of his or her job duties. For a
3  member who first becomes an employee under this Article on
4  or after July 1, 2005, the term means an employee of the
5  Department of Corrections or the Department of Juvenile
6  Justice who is any of the following: (i) officially
7  headquartered at a correctional facility or Juvenile
8  facility operated by the Department of Juvenile Justice,
9  (ii) a parole officer, (iii) a member of the apprehension
10  unit, (iv) a member of the intelligence unit, (v) a member
11  of the sort team, or (vi) an investigator.
12  (11) The term "dangerous drugs investigator" means any
13  person who is employed as such by the Department of Human
14  Services.
15  (12) The term "investigator for the Illinois State
16  Police" means a person employed by the Illinois State
17  Police who is vested under Section 4 of the Narcotic
18  Control Division Abolition Act with such law enforcement
19  powers as render him ineligible for coverage under the
20  Social Security Act by reason of Sections 218(d)(5)(A),
21  218(d)(8)(D) and 218(l)(1) of that Act.
22  (13) "Investigator for the Office of the Attorney
23  General" means any person who is employed as such by the
24  Office of the Attorney General and is vested with such
25  investigative duties as render him ineligible for coverage
26  under the Social Security Act by reason of Sections

 

 

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1  218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
2  the period before January 1, 1989, the term includes all
3  persons who were employed as investigators by the Office
4  of the Attorney General, without regard to social security
5  status.
6  (14) "Controlled substance inspector" means any person
7  who is employed as such by the Department of Professional
8  Regulation and is vested with such law enforcement duties
9  as render him ineligible for coverage under the Social
10  Security Act by reason of Sections 218(d)(5)(A),
11  218(d)(8)(D) and 218(l)(1) of that Act. The term
12  "controlled substance inspector" includes the Program
13  Executive of Enforcement and the Assistant Program
14  Executive of Enforcement.
15  (15) The term "investigator for the Office of the
16  State's Attorneys Appellate Prosecutor" means a person
17  employed in that capacity on a full-time basis under the
18  authority of Section 7.06 of the State's Attorneys
19  Appellate Prosecutor's Act.
20  (16) "Commerce Commission police officer" means any
21  person employed by the Illinois Commerce Commission who is
22  vested with such law enforcement duties as render him
23  ineligible for coverage under the Social Security Act by
24  reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
25  218(l)(1) of that Act.
26  (17) "Arson investigator" means any person who is

 

 

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1  employed as such by the Office of the State Fire Marshal
2  and is vested with such law enforcement duties as render
3  the person ineligible for coverage under the Social
4  Security Act by reason of Sections 218(d)(5)(A),
5  218(d)(8)(D), and 218(l)(1) of that Act. A person who was
6  employed as an arson investigator on January 1, 1995 and
7  is no longer in service but not yet receiving a retirement
8  annuity may convert his or her creditable service for
9  employment as an arson investigator into eligible
10  creditable service by paying to the System the difference
11  between the employee contributions actually paid for that
12  service and the amounts that would have been contributed
13  if the applicant were contributing at the rate applicable
14  to persons with the same social security status earning
15  eligible creditable service on the date of application.
16  (18) The term "State highway maintenance worker" means
17  a person who is either of the following:
18  (i) A person employed on a full-time basis by the
19  Illinois Department of Transportation in the position
20  of highway maintainer, highway maintenance lead
21  worker, highway maintenance lead/lead worker, sign
22  hanger, sign hanger foreman, heavy construction
23  equipment operator, power shovel operator, or bridge
24  mechanic; and whose principal responsibility is to
25  perform, on the roadway, the actual maintenance
26  necessary to keep the highways that form a part of the

 

 

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1  State highway system in serviceable condition for
2  vehicular traffic.
3  (ii) A person employed on a full-time basis by the
4  Illinois State Toll Highway Authority in the position
5  of equipment operator/laborer H-4, equipment
6  operator/laborer H-6, welder H-4, welder H-6,
7  mechanical/electrical H-4, mechanical/electrical H-6,
8  water/sewer H-4, water/sewer H-6, sign maker/hanger
9  H-4, sign maker/hanger H-6, roadway lighting H-4,
10  roadway lighting H-6, structural H-4, structural H-6,
11  painter H-4, or painter H-6; and whose principal
12  responsibility is to perform, on the roadway, the
13  actual maintenance necessary to keep the Authority's
14  tollways in serviceable condition for vehicular
15  traffic.
16  The changes to this item (18) made by this amendatory
17  Act of the 103rd General Assembly apply without regard to
18  whether the member was in service on or after its
19  effective date, but do not entitle any person to
20  recalculation of any pension or other benefit already
21  granted.
22  (19) The term "security employee of the Department of
23  Innovation and Technology" means a person who was a
24  security employee of the Department of Corrections or the
25  Department of Juvenile Justice, was transferred to the
26  Department of Innovation and Technology pursuant to

 

 

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1  Executive Order 2016-01, and continues to perform similar
2  job functions under that Department.
3  (20) "Transferred employee" means an employee who was
4  transferred to the Department of Central Management
5  Services by Executive Order No. 2003-10 or Executive Order
6  No. 2004-2 or transferred to the Department of Innovation
7  and Technology by Executive Order No. 2016-1, or both, and
8  was entitled to eligible creditable service for services
9  immediately preceding the transfer.
10  (d) A security employee of the Department of Corrections
11  or the Department of Juvenile Justice, a security employee of
12  the Department of Human Services who is not a mental health
13  police officer, and a security employee of the Department of
14  Innovation and Technology shall not be eligible for the
15  alternative retirement annuity provided by this Section unless
16  he or she meets the following minimum age and service
17  requirements at the time of retirement:
18  (i) 25 years of eligible creditable service and age
19  55; or
20  (ii) beginning January 1, 1987, 25 years of eligible
21  creditable service and age 54, or 24 years of eligible
22  creditable service and age 55; or
23  (iii) beginning January 1, 1988, 25 years of eligible
24  creditable service and age 53, or 23 years of eligible
25  creditable service and age 55; or
26  (iv) beginning January 1, 1989, 25 years of eligible

 

 

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1  creditable service and age 52, or 22 years of eligible
2  creditable service and age 55; or
3  (v) beginning January 1, 1990, 25 years of eligible
4  creditable service and age 51, or 21 years of eligible
5  creditable service and age 55; or
6  (vi) beginning January 1, 1991, 25 years of eligible
7  creditable service and age 50, or 20 years of eligible
8  creditable service and age 55.
9  Persons who have service credit under Article 16 of this
10  Code for service as a security employee of the Department of
11  Corrections or the Department of Juvenile Justice, or the
12  Department of Human Services in a position requiring
13  certification as a teacher may count such service toward
14  establishing their eligibility under the service requirements
15  of this Section; but such service may be used only for
16  establishing such eligibility, and not for the purpose of
17  increasing or calculating any benefit.
18  (e) If a member enters military service while working in a
19  position in which eligible creditable service may be earned,
20  and returns to State service in the same or another such
21  position, and fulfills in all other respects the conditions
22  prescribed in this Article for credit for military service,
23  such military service shall be credited as eligible creditable
24  service for the purposes of the retirement annuity prescribed
25  in this Section.
26  (f) For purposes of calculating retirement annuities under

 

 

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1  this Section, periods of service rendered after December 31,
2  1968 and before October 1, 1975 as a covered employee in the
3  position of special agent, conservation police officer, mental
4  health police officer, or investigator for the Secretary of
5  State, shall be deemed to have been service as a noncovered
6  employee, provided that the employee pays to the System prior
7  to retirement an amount equal to (1) the difference between
8  the employee contributions that would have been required for
9  such service as a noncovered employee, and the amount of
10  employee contributions actually paid, plus (2) if payment is
11  made after July 31, 1987, regular interest on the amount
12  specified in item (1) from the date of service to the date of
13  payment.
14  For purposes of calculating retirement annuities under
15  this Section, periods of service rendered after December 31,
16  1968 and before January 1, 1982 as a covered employee in the
17  position of investigator for the Department of Revenue shall
18  be deemed to have been service as a noncovered employee,
19  provided that the employee pays to the System prior to
20  retirement an amount equal to (1) the difference between the
21  employee contributions that would have been required for such
22  service as a noncovered employee, and the amount of employee
23  contributions actually paid, plus (2) if payment is made after
24  January 1, 1990, regular interest on the amount specified in
25  item (1) from the date of service to the date of payment.
26  (g) A State policeman may elect, not later than January 1,

 

 

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1  1990, to establish eligible creditable service for up to 10
2  years of his service as a policeman under Article 3, by filing
3  a written election with the Board, accompanied by payment of
4  an amount to be determined by the Board, equal to (i) the
5  difference between the amount of employee and employer
6  contributions transferred to the System under Section 3-110.5,
7  and the amounts that would have been contributed had such
8  contributions been made at the rates applicable to State
9  policemen, plus (ii) interest thereon at the effective rate
10  for each year, compounded annually, from the date of service
11  to the date of payment.
12  Subject to the limitation in subsection (i), a State
13  policeman may elect, not later than July 1, 1993, to establish
14  eligible creditable service for up to 10 years of his service
15  as a member of the County Police Department under Article 9, by
16  filing a written election with the Board, accompanied by
17  payment of an amount to be determined by the Board, equal to
18  (i) the difference between the amount of employee and employer
19  contributions transferred to the System under Section 9-121.10
20  and the amounts that would have been contributed had those
21  contributions been made at the rates applicable to State
22  policemen, plus (ii) interest thereon at the effective rate
23  for each year, compounded annually, from the date of service
24  to the date of payment.
25  (h) Subject to the limitation in subsection (i), a State
26  policeman or investigator for the Secretary of State may elect

 

 

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1  to establish eligible creditable service for up to 12 years of
2  his service as a policeman under Article 5, by filing a written
3  election with the Board on or before January 31, 1992, and
4  paying to the System by January 31, 1994 an amount to be
5  determined by the Board, equal to (i) the difference between
6  the amount of employee and employer contributions transferred
7  to the System under Section 5-236, and the amounts that would
8  have been contributed had such contributions been made at the
9  rates applicable to State policemen, plus (ii) interest
10  thereon at the effective rate for each year, compounded
11  annually, from the date of service to the date of payment.
12  Subject to the limitation in subsection (i), a State
13  policeman, conservation police officer, or investigator for
14  the Secretary of State may elect to establish eligible
15  creditable service for up to 10 years of service as a sheriff's
16  law enforcement employee under Article 7, by filing a written
17  election with the Board on or before January 31, 1993, and
18  paying to the System by January 31, 1994 an amount to be
19  determined by the Board, equal to (i) the difference between
20  the amount of employee and employer contributions transferred
21  to the System under Section 7-139.7, and the amounts that
22  would have been contributed had such contributions been made
23  at the rates applicable to State policemen, plus (ii) interest
24  thereon at the effective rate for each year, compounded
25  annually, from the date of service to the date of payment.
26  Subject to the limitation in subsection (i), a State

 

 

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

 

 

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

 

 

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1  the actuarially assumed rate for each year, compounded
2  annually, from the date of service to the date of payment.
3  Subject to the limitation in subsection (i), a State
4  policeman, arson investigator, or Commerce Commission police
5  officer may elect to establish eligible creditable service for
6  up to 5 years of service as a person employed by a
7  participating municipality to perform police duties under
8  Article 7, a county corrections officer, a court services
9  officer under Article 9, or a firefighter under Article 4 by
10  filing a written election with the Board within 6 months after
11  July 30, 2021 (the effective date of Public Act 102-210) and
12  paying to the System an amount to be determined by the Board
13  equal to (i) the difference between the amount of employee and
14  employer contributions transferred to the System under
15  Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
16  would have been contributed had such contributions been made
17  at the rates applicable to State policemen, plus (ii) interest
18  thereon at the actuarially assumed rate for each year,
19  compounded annually, from the date of service to the date of
20  payment.
21  Subject to the limitation in subsection (i), a
22  conservation police officer may elect to establish eligible
23  creditable service for up to 5 years of service as a person
24  employed by a participating municipality to perform police
25  duties under Article 7, a county corrections officer, or a
26  court services officer under Article 9 by filing a written

 

 

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1  election with the Board within 6 months after July 30, 2021
2  (the effective date of Public Act 102-210) and paying to the
3  System an amount to be determined by the Board equal to (i) the
4  difference between the amount of employee and employer
5  contributions transferred to the System under Sections 7-139.8
6  and 9-121.10 and the amounts that would have been contributed
7  had such contributions been made at the rates applicable to
8  State policemen, plus (ii) interest thereon at the actuarially
9  assumed rate for each year, compounded annually, from the date
10  of service to the date of payment.
11  Notwithstanding the limitation in subsection (i), a State
12  policeman or conservation police officer may elect to convert
13  service credit earned under this Article to eligible
14  creditable service, as defined by this Section, by filing a
15  written election with the board within 6 months after July 30,
16  2021 (the effective date of Public Act 102-210) and paying to
17  the System an amount to be determined by the Board equal to (i)
18  the difference between the amount of employee contributions
19  originally paid for that service and the amounts that would
20  have been contributed had such contributions been made at the
21  rates applicable to State policemen, plus (ii) the difference
22  between the employer's normal cost of the credit prior to the
23  conversion authorized by Public Act 102-210 and the employer's
24  normal cost of the credit converted in accordance with Public
25  Act 102-210, plus (iii) interest thereon at the actuarially
26  assumed rate for each year, compounded annually, from the date

 

 

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1  of service to the date of payment.
2  (i) The total amount of eligible creditable service
3  established by any person under subsections (g), (h), (j),
4  (k), (l), (l-5), (o), and (p) of this Section shall not exceed
5  12 years.
6  (j) Subject to the limitation in subsection (i), an
7  investigator for the Office of the State's Attorneys Appellate
8  Prosecutor or a controlled substance inspector may elect to
9  establish eligible creditable service for up to 10 years of
10  his service as a policeman under Article 3 or a sheriff's law
11  enforcement employee under Article 7, by filing a written
12  election with the Board, accompanied by payment of an amount
13  to be determined by the Board, equal to (1) the difference
14  between the amount of employee and employer contributions
15  transferred to the System under Section 3-110.6 or 7-139.8,
16  and the amounts that would have been contributed had such
17  contributions been made at the rates applicable to State
18  policemen, plus (2) interest thereon at the effective rate for
19  each year, compounded annually, from the date of service to
20  the date of payment.
21  (k) Subject to the limitation in subsection (i) of this
22  Section, an alternative formula employee may elect to
23  establish eligible creditable service for periods spent as a
24  full-time law enforcement officer or full-time corrections
25  officer employed by the federal government or by a state or
26  local government located outside of Illinois, for which credit

 

 

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1  is not held in any other public employee pension fund or
2  retirement system. To obtain this credit, the applicant must
3  file a written application with the Board by March 31, 1998,
4  accompanied by evidence of eligibility acceptable to the Board
5  and payment of an amount to be determined by the Board, equal
6  to (1) employee contributions for the credit being
7  established, based upon the applicant's salary on the first
8  day as an alternative formula employee after the employment
9  for which credit is being established and the rates then
10  applicable to alternative formula employees, plus (2) an
11  amount determined by the Board to be the employer's normal
12  cost of the benefits accrued for the credit being established,
13  plus (3) regular interest on the amounts in items (1) and (2)
14  from the first day as an alternative formula employee after
15  the employment for which credit is being established to the
16  date of payment.
17  (l) Subject to the limitation in subsection (i), a
18  security employee of the Department of Corrections may elect,
19  not later than July 1, 1998, to establish eligible creditable
20  service for up to 10 years of his or her service as a policeman
21  under Article 3, by filing a written election with the Board,
22  accompanied by payment of an amount to be determined by the
23  Board, equal to (i) the difference between the amount of
24  employee and employer contributions transferred to the System
25  under Section 3-110.5, and the amounts that would have been
26  contributed had such contributions been made at the rates

 

 

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1  applicable to security employees of the Department of
2  Corrections, plus (ii) interest thereon at the effective rate
3  for each year, compounded annually, from the date of service
4  to the date of payment.
5  (l-5) Subject to the limitation in subsection (i) of this
6  Section, a State policeman may elect to establish eligible
7  creditable service for up to 5 years of service as a full-time
8  law enforcement officer employed by the federal government or
9  by a state or local government located outside of Illinois for
10  which credit is not held in any other public employee pension
11  fund or retirement system. To obtain this credit, the
12  applicant must file a written application with the Board no
13  later than 3 years after January 1, 2020 (the effective date of
14  Public Act 101-610), accompanied by evidence of eligibility
15  acceptable to the Board and payment of an amount to be
16  determined by the Board, equal to (1) employee contributions
17  for the credit being established, based upon the applicant's
18  salary on the first day as an alternative formula employee
19  after the employment for which credit is being established and
20  the rates then applicable to alternative formula employees,
21  plus (2) an amount determined by the Board to be the employer's
22  normal cost of the benefits accrued for the credit being
23  established, plus (3) regular interest on the amounts in items
24  (1) and (2) from the first day as an alternative formula
25  employee after the employment for which credit is being
26  established to the date of payment.

 

 

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1  (m) The amendatory changes to this Section made by Public
2  Act 94-696 apply only to: (1) security employees of the
3  Department of Juvenile Justice employed by the Department of
4  Corrections before June 1, 2006 (the effective date of Public
5  Act 94-696) and transferred to the Department of Juvenile
6  Justice by Public Act 94-696; and (2) persons employed by the
7  Department of Juvenile Justice on or after June 1, 2006 (the
8  effective date of Public Act 94-696) who are required by
9  subsection (b) of Section 3-2.5-15 of the Unified Code of
10  Corrections to have any bachelor's or advanced degree from an
11  accredited college or university or, in the case of persons
12  who provide vocational training, who are required to have
13  adequate knowledge in the skill for which they are providing
14  the vocational training.
15  (n) A person employed in a position under subsection (b)
16  of this Section who has purchased service credit under
17  subsection (j) of Section 14-104 or subsection (b) of Section
18  14-105 in any other capacity under this Article may convert up
19  to 5 years of that service credit into service credit covered
20  under this Section by paying to the Fund an amount equal to (1)
21  the additional employee contribution required under Section
22  14-133, plus (2) the additional employer contribution required
23  under Section 14-131, plus (3) interest on items (1) and (2) at
24  the actuarially assumed rate from the date of the service to
25  the date of payment.
26  (o) Subject to the limitation in subsection (i), a

 

 

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1  conservation police officer, investigator for the Secretary of
2  State, Commerce Commission police officer, investigator for
3  the Department of Revenue or the Illinois Gaming Board, or
4  arson investigator subject to subsection (g) of Section 1-160
5  may elect to convert up to 8 years of service credit
6  established before January 1, 2020 (the effective date of
7  Public Act 101-610) as a conservation police officer,
8  investigator for the Secretary of State, Commerce Commission
9  police officer, investigator for the Department of Revenue or
10  the Illinois Gaming Board, or arson investigator under this
11  Article into eligible creditable service by filing a written
12  election with the Board no later than one year after January 1,
13  2020 (the effective date of Public Act 101-610), accompanied
14  by payment of an amount to be determined by the Board equal to
15  (i) the difference between the amount of the employee
16  contributions actually paid for that service and the amount of
17  the employee contributions that would have been paid had the
18  employee contributions been made as a noncovered employee
19  serving in a position in which eligible creditable service, as
20  defined in this Section, may be earned, plus (ii) interest
21  thereon at the effective rate for each year, compounded
22  annually, from the date of service to the date of payment.
23  (p) Subject to the limitation in subsection (i), an
24  investigator for the Office of the Attorney General subject to
25  subsection (g) of Section 1-160 may elect to convert up to 8
26  years of service credit established before the effective date

 

 

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1  of this amendatory Act of the 102nd General Assembly as an
2  investigator for the Office of the Attorney General under this
3  Article into eligible creditable service by filing a written
4  election with the Board no later than one year after the
5  effective date of this amendatory Act of the 102nd General
6  Assembly, accompanied by payment of an amount to be determined
7  by the Board equal to (i) the difference between the amount of
8  the employee contributions actually paid for that service and
9  the amount of the employee contributions that would have been
10  paid had the employee contributions been made as a noncovered
11  employee serving in a position in which eligible creditable
12  service, as defined in this Section, may be earned, plus (ii)
13  interest thereon at the effective rate for each year,
14  compounded annually, from the date of service to the date of
15  payment.
16  (q) A person who is employed on a full-time basis by the
17  Illinois Department of Transportation in the position of sign
18  hanger or sign hanger foreman may elect to convert service
19  credit earned under this Article to eligible creditable
20  service by filing a written election with the Board and paying
21  to the System an amount to be determined by the Board equal to
22  (i) the difference between the amount of employee
23  contributions originally paid for that service and the amounts
24  that would have been contributed had such contributions been
25  made at the rates applicable to State highway maintenance
26  workers, plus (ii) the difference between the employer's

 

 

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1  normal cost of the credit prior to the conversion authorized
2  by this amendatory Act of the 103rd General Assembly and the
3  employer's normal cost of the credit converted in accordance
4  with this amendatory Act of the 103rd General Assembly, plus
5  (iii) interest thereon at the actuarially assumed rate for
6  each year, compounded annually, from the date of service to
7  the date of payment.
8  (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
9  102-956, eff. 5-27-22; 103-34, eff. 1-1-24.)
10  (40 ILCS 5/14-152.1)
11  Sec. 14-152.1. Application and expiration of new benefit
12  increases.
13  (a) As used in this Section, "new benefit increase" means
14  an increase in the amount of any benefit provided under this
15  Article, or an expansion of the conditions of eligibility for
16  any benefit under this Article, that results from an amendment
17  to this Code that takes effect after June 1, 2005 (the
18  effective date of Public Act 94-4). "New benefit increase",
19  however, does not include any benefit increase resulting from
20  the changes made to Article 1 or this Article by Public Act
21  96-37, Public Act 100-23, Public Act 100-587, Public Act
22  100-611, Public Act 101-10, Public Act 101-610, Public Act
23  102-210, Public Act 102-856, Public Act 102-956, or this
24  amendatory Act of the 103rd General Assembly this amendatory
25  Act of the 102nd General Assembly.

 

 

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1  (b) Notwithstanding any other provision of this Code or
2  any subsequent amendment to this Code, every new benefit
3  increase is subject to this Section and shall be deemed to be
4  granted only in conformance with and contingent upon
5  compliance with the provisions of this Section.
6  (c) The Public Act enacting a new benefit increase must
7  identify and provide for payment to the System of additional
8  funding at least sufficient to fund the resulting annual
9  increase in cost to the System as it accrues.
10  Every new benefit increase is contingent upon the General
11  Assembly providing the additional funding required under this
12  subsection. The Commission on Government Forecasting and
13  Accountability shall analyze whether adequate additional
14  funding has been provided for the new benefit increase and
15  shall report its analysis to the Public Pension Division of
16  the Department of Insurance. A new benefit increase created by
17  a Public Act that does not include the additional funding
18  required under this subsection is null and void. If the Public
19  Pension Division determines that the additional funding
20  provided for a new benefit increase under this subsection is
21  or has become inadequate, it may so certify to the Governor and
22  the State Comptroller and, in the absence of corrective action
23  by the General Assembly, the new benefit increase shall expire
24  at the end of the fiscal year in which the certification is
25  made.
26  (d) Every new benefit increase shall expire 5 years after

 

 

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1  its effective date or on such earlier date as may be specified
2  in the language enacting the new benefit increase or provided
3  under subsection (c). This does not prevent the General
4  Assembly from extending or re-creating a new benefit increase
5  by law.
6  (e) Except as otherwise provided in the language creating
7  the new benefit increase, a new benefit increase that expires
8  under this Section continues to apply to persons who applied
9  and qualified for the affected benefit while the new benefit
10  increase was in effect and to the affected beneficiaries and
11  alternate payees of such persons, but does not apply to any
12  other person, including, without limitation, a person who
13  continues in service after the expiration date and did not
14  apply and qualify for the affected benefit while the new
15  benefit increase was in effect.
16  (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
17  101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
18  1-1-23; 102-956, eff. 5-27-22.)

 

 

  HB5261 - 84 - LRB103 38573 RPS 68709 b