IL
Illinois House Bill HB5261

Illinois 2023-2024 Regular Session

Illinois House Bill HB5261 Compare Versions

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1+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
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5261 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
3+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
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6+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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312 1 AN ACT concerning public employee benefits.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
615 4 Section 5. The Illinois Pension Code is amended by
716 5 changing Sections 14-110 and 14-152.1 as follows:
817 6 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
918 7 (Text of Section from P.A. 102-813 and 103-34)
1019 8 Sec. 14-110. Alternative retirement annuity.
1120 9 (a) Any member who has withdrawn from service with not
1221 10 less than 20 years of eligible creditable service and has
1322 11 attained age 55, and any member who has withdrawn from service
1423 12 with not less than 25 years of eligible creditable service and
1524 13 has attained age 50, regardless of whether the attainment of
1625 14 either of the specified ages occurs while the member is still
1726 15 in service, shall be entitled to receive at the option of the
1827 16 member, in lieu of the regular or minimum retirement annuity,
1928 17 a retirement annuity computed as follows:
2029 18 (i) for periods of service as a noncovered employee:
2130 19 if retirement occurs on or after January 1, 2001, 3% of
2231 20 final average compensation for each year of creditable
2332 21 service; if retirement occurs before January 1, 2001, 2
2433 22 1/4% of final average compensation for each of the first
2534 23 10 years of creditable service, 2 1/2% for each year above
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38+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5261 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
39+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
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42+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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3471 1 10 years to and including 20 years of creditable service,
3572 2 and 2 3/4% for each year of creditable service above 20
3673 3 years; and
3774 4 (ii) for periods of eligible creditable service as a
3875 5 covered employee: if retirement occurs on or after January
3976 6 1, 2001, 2.5% of final average compensation for each year
4077 7 of creditable service; if retirement occurs before January
4178 8 1, 2001, 1.67% of final average compensation for each of
4279 9 the first 10 years of such service, 1.90% for each of the
4380 10 next 10 years of such service, 2.10% for each year of such
4481 11 service in excess of 20 but not exceeding 30, and 2.30% for
4582 12 each year in excess of 30.
4683 13 Such annuity shall be subject to a maximum of 75% of final
4784 14 average compensation if retirement occurs before January 1,
4885 15 2001 or to a maximum of 80% of final average compensation if
4986 16 retirement occurs on or after January 1, 2001.
5087 17 These rates shall not be applicable to any service
5188 18 performed by a member as a covered employee which is not
5289 19 eligible creditable service. Service as a covered employee
5390 20 which is not eligible creditable service shall be subject to
5491 21 the rates and provisions of Section 14-108.
5592 22 (b) For the purpose of this Section, "eligible creditable
5693 23 service" means creditable service resulting from service in
5794 24 one or more of the following positions:
5895 25 (1) State policeman;
5996 26 (2) fire fighter in the fire protection service of a
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70107 1 department;
71108 2 (3) air pilot;
72109 3 (4) special agent;
73110 4 (5) investigator for the Secretary of State;
74111 5 (6) conservation police officer;
75112 6 (7) investigator for the Department of Revenue or the
76113 7 Illinois Gaming Board;
77114 8 (8) security employee of the Department of Human
78115 9 Services;
79116 10 (9) Central Management Services security police
80117 11 officer;
81118 12 (10) security employee of the Department of
82119 13 Corrections or the Department of Juvenile Justice;
83120 14 (11) dangerous drugs investigator;
84121 15 (12) investigator for the Illinois State Police;
85122 16 (13) investigator for the Office of the Attorney
86123 17 General;
87124 18 (14) controlled substance inspector;
88125 19 (15) investigator for the Office of the State's
89126 20 Attorneys Appellate Prosecutor;
90127 21 (16) Commerce Commission police officer;
91128 22 (17) arson investigator;
92129 23 (18) State highway maintenance worker;
93130 24 (19) security employee of the Department of Innovation
94131 25 and Technology; or
95132 26 (20) transferred employee.
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106143 1 A person employed in one of the positions specified in
107144 2 this subsection is entitled to eligible creditable service for
108145 3 service credit earned under this Article while undergoing the
109146 4 basic police training course approved by the Illinois Law
110147 5 Enforcement Training Standards Board, if completion of that
111148 6 training is required of persons serving in that position. For
112149 7 the purposes of this Code, service during the required basic
113150 8 police training course shall be deemed performance of the
114151 9 duties of the specified position, even though the person is
115152 10 not a sworn peace officer at the time of the training.
116153 11 A person under paragraph (20) is entitled to eligible
117154 12 creditable service for service credit earned under this
118155 13 Article on and after his or her transfer by Executive Order No.
119156 14 2003-10, Executive Order No. 2004-2, or Executive Order No.
120157 15 2016-1.
121158 16 (c) For the purposes of this Section:
122159 17 (1) The term "State policeman" includes any title or
123160 18 position in the Illinois State Police that is held by an
124161 19 individual employed under the Illinois State Police Act.
125162 20 (2) The term "fire fighter in the fire protection
126163 21 service of a department" includes all officers in such
127164 22 fire protection service including fire chiefs and
128165 23 assistant fire chiefs.
129166 24 (3) The term "air pilot" includes any employee whose
130167 25 official job description on file in the Department of
131168 26 Central Management Services, or in the department by which
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142179 1 he is employed if that department is not covered by the
143180 2 Personnel Code, states that his principal duty is the
144181 3 operation of aircraft, and who possesses a pilot's
145182 4 license; however, the change in this definition made by
146183 5 Public Act 83-842 shall not operate to exclude any
147184 6 noncovered employee who was an "air pilot" for the
148185 7 purposes of this Section on January 1, 1984.
149186 8 (4) The term "special agent" means any person who by
150187 9 reason of employment by the Division of Narcotic Control,
151188 10 the Bureau of Investigation or, after July 1, 1977, the
152189 11 Division of Criminal Investigation, the Division of
153190 12 Internal Investigation, the Division of Operations, the
154191 13 Division of Patrol, or any other Division or
155192 14 organizational entity in the Illinois State Police is
156193 15 vested by law with duties to maintain public order,
157194 16 investigate violations of the criminal law of this State,
158195 17 enforce the laws of this State, make arrests and recover
159196 18 property. The term "special agent" includes any title or
160197 19 position in the Illinois State Police that is held by an
161198 20 individual employed under the Illinois State Police Act.
162199 21 (5) The term "investigator for the Secretary of State"
163200 22 means any person employed by the Office of the Secretary
164201 23 of State and vested with such investigative duties as
165202 24 render him ineligible for coverage under the Social
166203 25 Security Act by reason of Sections 218(d)(5)(A),
167204 26 218(d)(8)(D) and 218(l)(1) of that Act.
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178215 1 A person who became employed as an investigator for
179216 2 the Secretary of State between January 1, 1967 and
180217 3 December 31, 1975, and who has served as such until
181218 4 attainment of age 60, either continuously or with a single
182219 5 break in service of not more than 3 years duration, which
183220 6 break terminated before January 1, 1976, shall be entitled
184221 7 to have his retirement annuity calculated in accordance
185222 8 with subsection (a), notwithstanding that he has less than
186223 9 20 years of credit for such service.
187224 10 (6) The term "Conservation Police Officer" means any
188225 11 person employed by the Division of Law Enforcement of the
189226 12 Department of Natural Resources and vested with such law
190227 13 enforcement duties as render him ineligible for coverage
191228 14 under the Social Security Act by reason of Sections
192229 15 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
193230 16 term "Conservation Police Officer" includes the positions
194231 17 of Chief Conservation Police Administrator and Assistant
195232 18 Conservation Police Administrator.
196233 19 (7) The term "investigator for the Department of
197234 20 Revenue" means any person employed by the Department of
198235 21 Revenue and vested with such investigative duties as
199236 22 render him ineligible for coverage under the Social
200237 23 Security Act by reason of Sections 218(d)(5)(A),
201238 24 218(d)(8)(D) and 218(l)(1) of that Act.
202239 25 The term "investigator for the Illinois Gaming Board"
203240 26 means any person employed as such by the Illinois Gaming
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214251 1 Board and vested with such peace officer duties as render
215252 2 the person ineligible for coverage under the Social
216253 3 Security Act by reason of Sections 218(d)(5)(A),
217254 4 218(d)(8)(D), and 218(l)(1) of that Act.
218255 5 (8) The term "security employee of the Department of
219256 6 Human Services" means any person employed by the
220257 7 Department of Human Services who (i) is employed at the
221258 8 Chester Mental Health Center and has daily contact with
222259 9 the residents thereof, (ii) is employed within a security
223260 10 unit at a facility operated by the Department and has
224261 11 daily contact with the residents of the security unit,
225262 12 (iii) is employed at a facility operated by the Department
226263 13 that includes a security unit and is regularly scheduled
227264 14 to work at least 50% of his or her working hours within
228265 15 that security unit, or (iv) is a mental health police
229266 16 officer. "Mental health police officer" means any person
230267 17 employed by the Department of Human Services in a position
231268 18 pertaining to the Department's mental health and
232269 19 developmental disabilities functions who is vested with
233270 20 such law enforcement duties as render the person
234271 21 ineligible for coverage under the Social Security Act by
235272 22 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
236273 23 218(l)(1) of that Act. "Security unit" means that portion
237274 24 of a facility that is devoted to the care, containment,
238275 25 and treatment of persons committed to the Department of
239276 26 Human Services as sexually violent persons, persons unfit
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250287 1 to stand trial, or persons not guilty by reason of
251288 2 insanity. With respect to past employment, references to
252289 3 the Department of Human Services include its predecessor,
253290 4 the Department of Mental Health and Developmental
254291 5 Disabilities.
255292 6 The changes made to this subdivision (c)(8) by Public
256293 7 Act 92-14 apply to persons who retire on or after January
257294 8 1, 2001, notwithstanding Section 1-103.1.
258295 9 (9) "Central Management Services security police
259296 10 officer" means any person employed by the Department of
260297 11 Central Management Services who is vested with such law
261298 12 enforcement duties as render him ineligible for coverage
262299 13 under the Social Security Act by reason of Sections
263300 14 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
264301 15 (10) For a member who first became an employee under
265302 16 this Article before July 1, 2005, the term "security
266303 17 employee of the Department of Corrections or the
267304 18 Department of Juvenile Justice" means any employee of the
268305 19 Department of Corrections or the Department of Juvenile
269306 20 Justice or the former Department of Personnel, and any
270307 21 member or employee of the Prisoner Review Board, who has
271308 22 daily contact with inmates or youth by working within a
272309 23 correctional facility or Juvenile facility operated by the
273310 24 Department of Juvenile Justice or who is a parole officer
274311 25 or an employee who has direct contact with committed
275312 26 persons in the performance of his or her job duties. For a
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286323 1 member who first becomes an employee under this Article on
287324 2 or after July 1, 2005, the term means an employee of the
288325 3 Department of Corrections or the Department of Juvenile
289326 4 Justice who is any of the following: (i) officially
290327 5 headquartered at a correctional facility or Juvenile
291328 6 facility operated by the Department of Juvenile Justice,
292329 7 (ii) a parole officer, (iii) a member of the apprehension
293330 8 unit, (iv) a member of the intelligence unit, (v) a member
294331 9 of the sort team, or (vi) an investigator.
295332 10 (11) The term "dangerous drugs investigator" means any
296333 11 person who is employed as such by the Department of Human
297334 12 Services.
298335 13 (12) The term "investigator for the Illinois State
299336 14 Police" means a person employed by the Illinois State
300337 15 Police who is vested under Section 4 of the Narcotic
301338 16 Control Division Abolition Act with such law enforcement
302339 17 powers as render him ineligible for coverage under the
303340 18 Social Security Act by reason of Sections 218(d)(5)(A),
304341 19 218(d)(8)(D) and 218(l)(1) of that Act.
305342 20 (13) "Investigator for the Office of the Attorney
306343 21 General" means any person who is employed as such by the
307344 22 Office of the Attorney General and is vested with such
308345 23 investigative duties as render him ineligible for coverage
309346 24 under the Social Security Act by reason of Sections
310347 25 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
311348 26 the period before January 1, 1989, the term includes all
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322359 1 persons who were employed as investigators by the Office
323360 2 of the Attorney General, without regard to social security
324361 3 status.
325362 4 (14) "Controlled substance inspector" means any person
326363 5 who is employed as such by the Department of Professional
327364 6 Regulation and is vested with such law enforcement duties
328365 7 as render him ineligible for coverage under the Social
329366 8 Security Act by reason of Sections 218(d)(5)(A),
330367 9 218(d)(8)(D) and 218(l)(1) of that Act. The term
331368 10 "controlled substance inspector" includes the Program
332369 11 Executive of Enforcement and the Assistant Program
333370 12 Executive of Enforcement.
334371 13 (15) The term "investigator for the Office of the
335372 14 State's Attorneys Appellate Prosecutor" means a person
336373 15 employed in that capacity on a full-time basis under the
337374 16 authority of Section 7.06 of the State's Attorneys
338375 17 Appellate Prosecutor's Act.
339376 18 (16) "Commerce Commission police officer" means any
340377 19 person employed by the Illinois Commerce Commission who is
341378 20 vested with such law enforcement duties as render him
342379 21 ineligible for coverage under the Social Security Act by
343380 22 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
344381 23 218(l)(1) of that Act.
345382 24 (17) "Arson investigator" means any person who is
346383 25 employed as such by the Office of the State Fire Marshal
347384 26 and is vested with such law enforcement duties as render
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358395 1 the person ineligible for coverage under the Social
359396 2 Security Act by reason of Sections 218(d)(5)(A),
360397 3 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
361398 4 employed as an arson investigator on January 1, 1995 and
362399 5 is no longer in service but not yet receiving a retirement
363400 6 annuity may convert his or her creditable service for
364401 7 employment as an arson investigator into eligible
365402 8 creditable service by paying to the System the difference
366403 9 between the employee contributions actually paid for that
367404 10 service and the amounts that would have been contributed
368405 11 if the applicant were contributing at the rate applicable
369406 12 to persons with the same social security status earning
370407 13 eligible creditable service on the date of application.
371408 14 (18) The term "State highway maintenance worker" means
372409 15 a person who is either of the following:
373410 16 (i) A person employed on a full-time basis by the
374411 17 Illinois Department of Transportation in the position
375412 18 of highway maintainer, highway maintenance lead
376413 19 worker, highway maintenance lead/lead worker, sign
377414 20 hanger, sign hanger foreman, heavy construction
378415 21 equipment operator, power shovel operator, or bridge
379416 22 mechanic; and whose principal responsibility is to
380417 23 perform, on the roadway, the actual maintenance
381418 24 necessary to keep the highways that form a part of the
382419 25 State highway system in serviceable condition for
383420 26 vehicular traffic.
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394431 1 (ii) A person employed on a full-time basis by the
395432 2 Illinois State Toll Highway Authority in the position
396433 3 of equipment operator/laborer H-4, equipment
397434 4 operator/laborer H-6, welder H-4, welder H-6,
398435 5 mechanical/electrical H-4, mechanical/electrical H-6,
399436 6 water/sewer H-4, water/sewer H-6, sign maker/hanger
400437 7 H-4, sign maker/hanger H-6, roadway lighting H-4,
401438 8 roadway lighting H-6, structural H-4, structural H-6,
402439 9 painter H-4, or painter H-6; and whose principal
403440 10 responsibility is to perform, on the roadway, the
404441 11 actual maintenance necessary to keep the Authority's
405442 12 tollways in serviceable condition for vehicular
406443 13 traffic.
407444 14 The changes to this item (18) made by this amendatory
408445 15 Act of the 103rd General Assembly apply without regard to
409446 16 whether the member was in service on or after its
410447 17 effective date, but do not entitle any person to
411448 18 recalculation of any pension or other benefit already
412449 19 granted.
413450 20 (19) The term "security employee of the Department of
414451 21 Innovation and Technology" means a person who was a
415452 22 security employee of the Department of Corrections or the
416453 23 Department of Juvenile Justice, was transferred to the
417454 24 Department of Innovation and Technology pursuant to
418455 25 Executive Order 2016-01, and continues to perform similar
419456 26 job functions under that Department.
420457
421458
422459
423460
424461
425- HB5261 Engrossed - 12 - LRB103 38573 RPS 68709 b
426-
427-
428-HB5261 Engrossed- 13 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 13 - LRB103 38573 RPS 68709 b
429- HB5261 Engrossed - 13 - LRB103 38573 RPS 68709 b
462+ HB5261 - 12 - LRB103 38573 RPS 68709 b
463+
464+
465+HB5261- 13 -LRB103 38573 RPS 68709 b HB5261 - 13 - LRB103 38573 RPS 68709 b
466+ HB5261 - 13 - LRB103 38573 RPS 68709 b
430467 1 (20) "Transferred employee" means an employee who was
431468 2 transferred to the Department of Central Management
432469 3 Services by Executive Order No. 2003-10 or Executive Order
433470 4 No. 2004-2 or transferred to the Department of Innovation
434471 5 and Technology by Executive Order No. 2016-1, or both, and
435472 6 was entitled to eligible creditable service for services
436473 7 immediately preceding the transfer.
437474 8 (d) A security employee of the Department of Corrections
438475 9 or the Department of Juvenile Justice, a security employee of
439476 10 the Department of Human Services who is not a mental health
440477 11 police officer, and a security employee of the Department of
441478 12 Innovation and Technology shall not be eligible for the
442479 13 alternative retirement annuity provided by this Section unless
443480 14 he or she meets the following minimum age and service
444481 15 requirements at the time of retirement:
445482 16 (i) 25 years of eligible creditable service and age
446483 17 55; or
447484 18 (ii) beginning January 1, 1987, 25 years of eligible
448485 19 creditable service and age 54, or 24 years of eligible
449486 20 creditable service and age 55; or
450487 21 (iii) beginning January 1, 1988, 25 years of eligible
451488 22 creditable service and age 53, or 23 years of eligible
452489 23 creditable service and age 55; or
453490 24 (iv) beginning January 1, 1989, 25 years of eligible
454491 25 creditable service and age 52, or 22 years of eligible
455492 26 creditable service and age 55; or
456493
457494
458495
459496
460497
461- HB5261 Engrossed - 13 - LRB103 38573 RPS 68709 b
462-
463-
464-HB5261 Engrossed- 14 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 14 - LRB103 38573 RPS 68709 b
465- HB5261 Engrossed - 14 - LRB103 38573 RPS 68709 b
498+ HB5261 - 13 - LRB103 38573 RPS 68709 b
499+
500+
501+HB5261- 14 -LRB103 38573 RPS 68709 b HB5261 - 14 - LRB103 38573 RPS 68709 b
502+ HB5261 - 14 - LRB103 38573 RPS 68709 b
466503 1 (v) beginning January 1, 1990, 25 years of eligible
467504 2 creditable service and age 51, or 21 years of eligible
468505 3 creditable service and age 55; or
469506 4 (vi) beginning January 1, 1991, 25 years of eligible
470507 5 creditable service and age 50, or 20 years of eligible
471508 6 creditable service and age 55.
472509 7 Persons who have service credit under Article 16 of this
473510 8 Code for service as a security employee of the Department of
474511 9 Corrections or the Department of Juvenile Justice, or the
475512 10 Department of Human Services in a position requiring
476513 11 certification as a teacher may count such service toward
477514 12 establishing their eligibility under the service requirements
478515 13 of this Section; but such service may be used only for
479516 14 establishing such eligibility, and not for the purpose of
480517 15 increasing or calculating any benefit.
481518 16 (e) If a member enters military service while working in a
482519 17 position in which eligible creditable service may be earned,
483520 18 and returns to State service in the same or another such
484521 19 position, and fulfills in all other respects the conditions
485522 20 prescribed in this Article for credit for military service,
486523 21 such military service shall be credited as eligible creditable
487524 22 service for the purposes of the retirement annuity prescribed
488525 23 in this Section.
489526 24 (f) For purposes of calculating retirement annuities under
490527 25 this Section, periods of service rendered after December 31,
491528 26 1968 and before October 1, 1975 as a covered employee in the
492529
493530
494531
495532
496533
497- HB5261 Engrossed - 14 - LRB103 38573 RPS 68709 b
498-
499-
500-HB5261 Engrossed- 15 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 15 - LRB103 38573 RPS 68709 b
501- HB5261 Engrossed - 15 - LRB103 38573 RPS 68709 b
534+ HB5261 - 14 - LRB103 38573 RPS 68709 b
535+
536+
537+HB5261- 15 -LRB103 38573 RPS 68709 b HB5261 - 15 - LRB103 38573 RPS 68709 b
538+ HB5261 - 15 - LRB103 38573 RPS 68709 b
502539 1 position of special agent, conservation police officer, mental
503540 2 health police officer, or investigator for the Secretary of
504541 3 State, shall be deemed to have been service as a noncovered
505542 4 employee, provided that the employee pays to the System prior
506543 5 to retirement an amount equal to (1) the difference between
507544 6 the employee contributions that would have been required for
508545 7 such service as a noncovered employee, and the amount of
509546 8 employee contributions actually paid, plus (2) if payment is
510547 9 made after July 31, 1987, regular interest on the amount
511548 10 specified in item (1) from the date of service to the date of
512549 11 payment.
513550 12 For purposes of calculating retirement annuities under
514551 13 this Section, periods of service rendered after December 31,
515552 14 1968 and before January 1, 1982 as a covered employee in the
516553 15 position of investigator for the Department of Revenue shall
517554 16 be deemed to have been service as a noncovered employee,
518555 17 provided that the employee pays to the System prior to
519556 18 retirement an amount equal to (1) the difference between the
520557 19 employee contributions that would have been required for such
521558 20 service as a noncovered employee, and the amount of employee
522559 21 contributions actually paid, plus (2) if payment is made after
523560 22 January 1, 1990, regular interest on the amount specified in
524561 23 item (1) from the date of service to the date of payment.
525562 24 (g) A State policeman may elect, not later than January 1,
526563 25 1990, to establish eligible creditable service for up to 10
527564 26 years of his service as a policeman under Article 3, by filing
528565
529566
530567
531568
532569
533- HB5261 Engrossed - 15 - LRB103 38573 RPS 68709 b
534-
535-
536-HB5261 Engrossed- 16 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 16 - LRB103 38573 RPS 68709 b
537- HB5261 Engrossed - 16 - LRB103 38573 RPS 68709 b
570+ HB5261 - 15 - LRB103 38573 RPS 68709 b
571+
572+
573+HB5261- 16 -LRB103 38573 RPS 68709 b HB5261 - 16 - LRB103 38573 RPS 68709 b
574+ HB5261 - 16 - LRB103 38573 RPS 68709 b
538575 1 a written election with the Board, accompanied by payment of
539576 2 an amount to be determined by the Board, equal to (i) the
540577 3 difference between the amount of employee and employer
541578 4 contributions transferred to the System under Section 3-110.5,
542579 5 and the amounts that would have been contributed had such
543580 6 contributions been made at the rates applicable to State
544581 7 policemen, plus (ii) interest thereon at the effective rate
545582 8 for each year, compounded annually, from the date of service
546583 9 to the date of payment.
547584 10 Subject to the limitation in subsection (i), a State
548585 11 policeman may elect, not later than July 1, 1993, to establish
549586 12 eligible creditable service for up to 10 years of his service
550587 13 as a member of the County Police Department under Article 9, by
551588 14 filing a written election with the Board, accompanied by
552589 15 payment of an amount to be determined by the Board, equal to
553590 16 (i) the difference between the amount of employee and employer
554591 17 contributions transferred to the System under Section 9-121.10
555592 18 and the amounts that would have been contributed had those
556593 19 contributions been made at the rates applicable to State
557594 20 policemen, plus (ii) interest thereon at the effective rate
558595 21 for each year, compounded annually, from the date of service
559596 22 to the date of payment.
560597 23 (h) Subject to the limitation in subsection (i), a State
561598 24 policeman or investigator for the Secretary of State may elect
562599 25 to establish eligible creditable service for up to 12 years of
563600 26 his service as a policeman under Article 5, by filing a written
564601
565602
566603
567604
568605
569- HB5261 Engrossed - 16 - LRB103 38573 RPS 68709 b
570-
571-
572-HB5261 Engrossed- 17 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 17 - LRB103 38573 RPS 68709 b
573- HB5261 Engrossed - 17 - LRB103 38573 RPS 68709 b
606+ HB5261 - 16 - LRB103 38573 RPS 68709 b
607+
608+
609+HB5261- 17 -LRB103 38573 RPS 68709 b HB5261 - 17 - LRB103 38573 RPS 68709 b
610+ HB5261 - 17 - LRB103 38573 RPS 68709 b
574611 1 election with the Board on or before January 31, 1992, and
575612 2 paying to the System by January 31, 1994 an amount to be
576613 3 determined by the Board, equal to (i) the difference between
577614 4 the amount of employee and employer contributions transferred
578615 5 to the System under Section 5-236, and the amounts that would
579616 6 have been contributed had such contributions been made at the
580617 7 rates applicable to State policemen, plus (ii) interest
581618 8 thereon at the effective rate for each year, compounded
582619 9 annually, from the date of service to the date of payment.
583620 10 Subject to the limitation in subsection (i), a State
584621 11 policeman, conservation police officer, or investigator for
585622 12 the Secretary of State may elect to establish eligible
586623 13 creditable service for up to 10 years of service as a sheriff's
587624 14 law enforcement employee under Article 7, by filing a written
588625 15 election with the Board on or before January 31, 1993, and
589626 16 paying to the System by January 31, 1994 an amount to be
590627 17 determined by the Board, equal to (i) the difference between
591628 18 the amount of employee and employer contributions transferred
592629 19 to the System under Section 7-139.7, and the amounts that
593630 20 would have been contributed had such contributions been made
594631 21 at the rates applicable to State policemen, plus (ii) interest
595632 22 thereon at the effective rate for each year, compounded
596633 23 annually, from the date of service to the date of payment.
597634 24 Subject to the limitation in subsection (i), a State
598635 25 policeman, conservation police officer, or investigator for
599636 26 the Secretary of State may elect to establish eligible
600637
601638
602639
603640
604641
605- HB5261 Engrossed - 17 - LRB103 38573 RPS 68709 b
606-
607-
608-HB5261 Engrossed- 18 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 18 - LRB103 38573 RPS 68709 b
609- HB5261 Engrossed - 18 - LRB103 38573 RPS 68709 b
642+ HB5261 - 17 - LRB103 38573 RPS 68709 b
643+
644+
645+HB5261- 18 -LRB103 38573 RPS 68709 b HB5261 - 18 - LRB103 38573 RPS 68709 b
646+ HB5261 - 18 - LRB103 38573 RPS 68709 b
610647 1 creditable service for up to 5 years of service as a police
611648 2 officer under Article 3, a policeman under Article 5, a
612649 3 sheriff's law enforcement employee under Article 7, a member
613650 4 of the county police department under Article 9, or a police
614651 5 officer under Article 15 by filing a written election with the
615652 6 Board and paying to the System an amount to be determined by
616653 7 the Board, equal to (i) the difference between the amount of
617654 8 employee and employer contributions transferred to the System
618655 9 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
619656 10 and the amounts that would have been contributed had such
620657 11 contributions been made at the rates applicable to State
621658 12 policemen, plus (ii) interest thereon at the effective rate
622659 13 for each year, compounded annually, from the date of service
623660 14 to the date of payment.
624661 15 Subject to the limitation in subsection (i), an
625662 16 investigator for the Office of the Attorney General, or an
626663 17 investigator for the Department of Revenue, may elect to
627664 18 establish eligible creditable service for up to 5 years of
628665 19 service as a police officer under Article 3, a policeman under
629666 20 Article 5, a sheriff's law enforcement employee under Article
630667 21 7, or a member of the county police department under Article 9
631668 22 by filing a written election with the Board within 6 months
632669 23 after August 25, 2009 (the effective date of Public Act
633670 24 96-745) and paying to the System an amount to be determined by
634671 25 the Board, equal to (i) the difference between the amount of
635672 26 employee and employer contributions transferred to the System
636673
637674
638675
639676
640677
641- HB5261 Engrossed - 18 - LRB103 38573 RPS 68709 b
642-
643-
644-HB5261 Engrossed- 19 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 19 - LRB103 38573 RPS 68709 b
645- HB5261 Engrossed - 19 - LRB103 38573 RPS 68709 b
678+ HB5261 - 18 - LRB103 38573 RPS 68709 b
679+
680+
681+HB5261- 19 -LRB103 38573 RPS 68709 b HB5261 - 19 - LRB103 38573 RPS 68709 b
682+ HB5261 - 19 - LRB103 38573 RPS 68709 b
646683 1 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
647684 2 amounts that would have been contributed had such
648685 3 contributions been made at the rates applicable to State
649686 4 policemen, plus (ii) interest thereon at the actuarially
650687 5 assumed rate for each year, compounded annually, from the date
651688 6 of service to the date of payment.
652689 7 Subject to the limitation in subsection (i), a State
653690 8 policeman, conservation police officer, investigator for the
654691 9 Office of the Attorney General, an investigator for the
655692 10 Department of Revenue, or investigator for the Secretary of
656693 11 State may elect to establish eligible creditable service for
657694 12 up to 5 years of service as a person employed by a
658695 13 participating municipality to perform police duties, or law
659696 14 enforcement officer employed on a full-time basis by a forest
660697 15 preserve district under Article 7, a county corrections
661698 16 officer, or a court services officer under Article 9, by
662699 17 filing a written election with the Board within 6 months after
663700 18 August 25, 2009 (the effective date of Public Act 96-745) and
664701 19 paying to the System an amount to be determined by the Board,
665702 20 equal to (i) the difference between the amount of employee and
666703 21 employer contributions transferred to the System under
667704 22 Sections 7-139.8 and 9-121.10 and the amounts that would have
668705 23 been contributed had such contributions been made at the rates
669706 24 applicable to State policemen, plus (ii) interest thereon at
670707 25 the actuarially assumed rate for each year, compounded
671708 26 annually, from the date of service to the date of payment.
672709
673710
674711
675712
676713
677- HB5261 Engrossed - 19 - LRB103 38573 RPS 68709 b
678-
679-
680-HB5261 Engrossed- 20 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 20 - LRB103 38573 RPS 68709 b
681- HB5261 Engrossed - 20 - LRB103 38573 RPS 68709 b
714+ HB5261 - 19 - LRB103 38573 RPS 68709 b
715+
716+
717+HB5261- 20 -LRB103 38573 RPS 68709 b HB5261 - 20 - LRB103 38573 RPS 68709 b
718+ HB5261 - 20 - LRB103 38573 RPS 68709 b
682719 1 Subject to the limitation in subsection (i), a State
683720 2 policeman, arson investigator, or Commerce Commission police
684721 3 officer may elect to establish eligible creditable service for
685722 4 up to 5 years of service as a person employed by a
686723 5 participating municipality to perform police duties under
687724 6 Article 7, a county corrections officer, a court services
688725 7 officer under Article 9, or a firefighter under Article 4 by
689726 8 filing a written election with the Board within 6 months after
690727 9 July 30, 2021 (the effective date of Public Act 102-210) and
691728 10 paying to the System an amount to be determined by the Board
692729 11 equal to (i) the difference between the amount of employee and
693730 12 employer contributions transferred to the System under
694731 13 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
695732 14 would have been contributed had such contributions been made
696733 15 at the rates applicable to State policemen, plus (ii) interest
697734 16 thereon at the actuarially assumed rate for each year,
698735 17 compounded annually, from the date of service to the date of
699736 18 payment.
700737 19 Subject to the limitation in subsection (i), a
701738 20 conservation police officer may elect to establish eligible
702739 21 creditable service for up to 5 years of service as a person
703740 22 employed by a participating municipality to perform police
704741 23 duties under Article 7, a county corrections officer, or a
705742 24 court services officer under Article 9 by filing a written
706743 25 election with the Board within 6 months after July 30, 2021
707744 26 (the effective date of Public Act 102-210) and paying to the
708745
709746
710747
711748
712749
713- HB5261 Engrossed - 20 - LRB103 38573 RPS 68709 b
714-
715-
716-HB5261 Engrossed- 21 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 21 - LRB103 38573 RPS 68709 b
717- HB5261 Engrossed - 21 - LRB103 38573 RPS 68709 b
750+ HB5261 - 20 - LRB103 38573 RPS 68709 b
751+
752+
753+HB5261- 21 -LRB103 38573 RPS 68709 b HB5261 - 21 - LRB103 38573 RPS 68709 b
754+ HB5261 - 21 - LRB103 38573 RPS 68709 b
718755 1 System an amount to be determined by the Board equal to (i) the
719756 2 difference between the amount of employee and employer
720757 3 contributions transferred to the System under Sections 7-139.8
721758 4 and 9-121.10 and the amounts that would have been contributed
722759 5 had such contributions been made at the rates applicable to
723760 6 State policemen, plus (ii) interest thereon at the actuarially
724761 7 assumed rate for each year, compounded annually, from the date
725762 8 of service to the date of payment.
726763 9 Notwithstanding the limitation in subsection (i), a State
727764 10 policeman or conservation police officer may elect to convert
728765 11 service credit earned under this Article to eligible
729766 12 creditable service, as defined by this Section, by filing a
730767 13 written election with the board within 6 months after July 30,
731768 14 2021 (the effective date of Public Act 102-210) and paying to
732769 15 the System an amount to be determined by the Board equal to (i)
733770 16 the difference between the amount of employee contributions
734771 17 originally paid for that service and the amounts that would
735772 18 have been contributed had such contributions been made at the
736773 19 rates applicable to State policemen, plus (ii) the difference
737774 20 between the employer's normal cost of the credit prior to the
738775 21 conversion authorized by Public Act 102-210 and the employer's
739776 22 normal cost of the credit converted in accordance with Public
740777 23 Act 102-210, plus (iii) interest thereon at the actuarially
741778 24 assumed rate for each year, compounded annually, from the date
742779 25 of service to the date of payment.
743780 26 (i) The total amount of eligible creditable service
744781
745782
746783
747784
748785
749- HB5261 Engrossed - 21 - LRB103 38573 RPS 68709 b
750-
751-
752-HB5261 Engrossed- 22 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 22 - LRB103 38573 RPS 68709 b
753- HB5261 Engrossed - 22 - LRB103 38573 RPS 68709 b
786+ HB5261 - 21 - LRB103 38573 RPS 68709 b
787+
788+
789+HB5261- 22 -LRB103 38573 RPS 68709 b HB5261 - 22 - LRB103 38573 RPS 68709 b
790+ HB5261 - 22 - LRB103 38573 RPS 68709 b
754791 1 established by any person under subsections (g), (h), (j),
755792 2 (k), (l), (l-5), and (o) of this Section shall not exceed 12
756793 3 years.
757794 4 (j) Subject to the limitation in subsection (i), an
758795 5 investigator for the Office of the State's Attorneys Appellate
759796 6 Prosecutor or a controlled substance inspector may elect to
760797 7 establish eligible creditable service for up to 10 years of
761798 8 his service as a policeman under Article 3 or a sheriff's law
762799 9 enforcement employee under Article 7, by filing a written
763800 10 election with the Board, accompanied by payment of an amount
764801 11 to be determined by the Board, equal to (1) the difference
765802 12 between the amount of employee and employer contributions
766803 13 transferred to the System under Section 3-110.6 or 7-139.8,
767804 14 and the amounts that would have been contributed had such
768805 15 contributions been made at the rates applicable to State
769806 16 policemen, plus (2) interest thereon at the effective rate for
770807 17 each year, compounded annually, from the date of service to
771808 18 the date of payment.
772809 19 (k) Subject to the limitation in subsection (i) of this
773810 20 Section, an alternative formula employee may elect to
774811 21 establish eligible creditable service for periods spent as a
775812 22 full-time law enforcement officer or full-time corrections
776813 23 officer employed by the federal government or by a state or
777814 24 local government located outside of Illinois, for which credit
778815 25 is not held in any other public employee pension fund or
779816 26 retirement system. To obtain this credit, the applicant must
780817
781818
782819
783820
784821
785- HB5261 Engrossed - 22 - LRB103 38573 RPS 68709 b
786-
787-
788-HB5261 Engrossed- 23 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 23 - LRB103 38573 RPS 68709 b
789- HB5261 Engrossed - 23 - LRB103 38573 RPS 68709 b
822+ HB5261 - 22 - LRB103 38573 RPS 68709 b
823+
824+
825+HB5261- 23 -LRB103 38573 RPS 68709 b HB5261 - 23 - LRB103 38573 RPS 68709 b
826+ HB5261 - 23 - LRB103 38573 RPS 68709 b
790827 1 file a written application with the Board by March 31, 1998,
791828 2 accompanied by evidence of eligibility acceptable to the Board
792829 3 and payment of an amount to be determined by the Board, equal
793830 4 to (1) employee contributions for the credit being
794831 5 established, based upon the applicant's salary on the first
795832 6 day as an alternative formula employee after the employment
796833 7 for which credit is being established and the rates then
797834 8 applicable to alternative formula employees, plus (2) an
798835 9 amount determined by the Board to be the employer's normal
799836 10 cost of the benefits accrued for the credit being established,
800837 11 plus (3) regular interest on the amounts in items (1) and (2)
801838 12 from the first day as an alternative formula employee after
802839 13 the employment for which credit is being established to the
803840 14 date of payment.
804841 15 (l) Subject to the limitation in subsection (i), a
805842 16 security employee of the Department of Corrections may elect,
806843 17 not later than July 1, 1998, to establish eligible creditable
807844 18 service for up to 10 years of his or her service as a policeman
808845 19 under Article 3, by filing a written election with the Board,
809846 20 accompanied by payment of an amount to be determined by the
810847 21 Board, equal to (i) the difference between the amount of
811848 22 employee and employer contributions transferred to the System
812849 23 under Section 3-110.5, and the amounts that would have been
813850 24 contributed had such contributions been made at the rates
814851 25 applicable to security employees of the Department of
815852 26 Corrections, plus (ii) interest thereon at the effective rate
816853
817854
818855
819856
820857
821- HB5261 Engrossed - 23 - LRB103 38573 RPS 68709 b
822-
823-
824-HB5261 Engrossed- 24 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 24 - LRB103 38573 RPS 68709 b
825- HB5261 Engrossed - 24 - LRB103 38573 RPS 68709 b
858+ HB5261 - 23 - LRB103 38573 RPS 68709 b
859+
860+
861+HB5261- 24 -LRB103 38573 RPS 68709 b HB5261 - 24 - LRB103 38573 RPS 68709 b
862+ HB5261 - 24 - LRB103 38573 RPS 68709 b
826863 1 for each year, compounded annually, from the date of service
827864 2 to the date of payment.
828865 3 (l-5) Subject to the limitation in subsection (i) of this
829866 4 Section, a State policeman may elect to establish eligible
830867 5 creditable service for up to 5 years of service as a full-time
831868 6 law enforcement officer employed by the federal government or
832869 7 by a state or local government located outside of Illinois for
833870 8 which credit is not held in any other public employee pension
834871 9 fund or retirement system. To obtain this credit, the
835872 10 applicant must file a written application with the Board no
836873 11 later than 3 years after January 1, 2020 (the effective date of
837874 12 Public Act 101-610), accompanied by evidence of eligibility
838875 13 acceptable to the Board and payment of an amount to be
839876 14 determined by the Board, equal to (1) employee contributions
840877 15 for the credit being established, based upon the applicant's
841878 16 salary on the first day as an alternative formula employee
842879 17 after the employment for which credit is being established and
843880 18 the rates then applicable to alternative formula employees,
844881 19 plus (2) an amount determined by the Board to be the employer's
845882 20 normal cost of the benefits accrued for the credit being
846883 21 established, plus (3) regular interest on the amounts in items
847884 22 (1) and (2) from the first day as an alternative formula
848885 23 employee after the employment for which credit is being
849886 24 established to the date of payment.
850887 25 (m) The amendatory changes to this Section made by Public
851888 26 Act 94-696 apply only to: (1) security employees of the
852889
853890
854891
855892
856893
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894+ HB5261 - 24 - LRB103 38573 RPS 68709 b
895+
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898+ HB5261 - 25 - LRB103 38573 RPS 68709 b
862899 1 Department of Juvenile Justice employed by the Department of
863900 2 Corrections before June 1, 2006 (the effective date of Public
864901 3 Act 94-696) and transferred to the Department of Juvenile
865902 4 Justice by Public Act 94-696; and (2) persons employed by the
866903 5 Department of Juvenile Justice on or after June 1, 2006 (the
867904 6 effective date of Public Act 94-696) who are required by
868905 7 subsection (b) of Section 3-2.5-15 of the Unified Code of
869906 8 Corrections to have any bachelor's or advanced degree from an
870907 9 accredited college or university or, in the case of persons
871908 10 who provide vocational training, who are required to have
872909 11 adequate knowledge in the skill for which they are providing
873910 12 the vocational training.
874911 13 (n) A person employed in a position under subsection (b)
875912 14 of this Section who has purchased service credit under
876913 15 subsection (j) of Section 14-104 or subsection (b) of Section
877914 16 14-105 in any other capacity under this Article may convert up
878915 17 to 5 years of that service credit into service credit covered
879916 18 under this Section by paying to the Fund an amount equal to (1)
880917 19 the additional employee contribution required under Section
881918 20 14-133, plus (2) the additional employer contribution required
882919 21 under Section 14-131, plus (3) interest on items (1) and (2) at
883920 22 the actuarially assumed rate from the date of the service to
884921 23 the date of payment.
885922 24 (o) Subject to the limitation in subsection (i), a
886923 25 conservation police officer, investigator for the Secretary of
887924 26 State, Commerce Commission police officer, investigator for
888925
889926
890927
891928
892929
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894-
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897- HB5261 Engrossed - 26 - LRB103 38573 RPS 68709 b
930+ HB5261 - 25 - LRB103 38573 RPS 68709 b
931+
932+
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934+ HB5261 - 26 - LRB103 38573 RPS 68709 b
898935 1 the Department of Revenue or the Illinois Gaming Board, or
899936 2 arson investigator subject to subsection (g) of Section 1-160
900937 3 may elect to convert up to 8 years of service credit
901938 4 established before January 1, 2020 (the effective date of
902939 5 Public Act 101-610) as a conservation police officer,
903940 6 investigator for the Secretary of State, Commerce Commission
904941 7 police officer, investigator for the Department of Revenue or
905942 8 the Illinois Gaming Board, or arson investigator under this
906943 9 Article into eligible creditable service by filing a written
907944 10 election with the Board no later than one year after January 1,
908945 11 2020 (the effective date of Public Act 101-610), accompanied
909946 12 by payment of an amount to be determined by the Board equal to
910947 13 (i) the difference between the amount of the employee
911948 14 contributions actually paid for that service and the amount of
912949 15 the employee contributions that would have been paid had the
913950 16 employee contributions been made as a noncovered employee
914951 17 serving in a position in which eligible creditable service, as
915952 18 defined in this Section, may be earned, plus (ii) interest
916953 19 thereon at the effective rate for each year, compounded
917954 20 annually, from the date of service to the date of payment.
918955 21 (q) A person who is employed on a full-time basis by the
919956 22 Illinois Department of Transportation in the position of sign
920957 23 hanger or sign hanger foreman may elect to convert service
921958 24 credit earned under this Article to eligible creditable
922959 25 service by filing a written election with the Board and paying
923960 26 to the System an amount to be determined by the Board equal to
924961
925962
926963
927964
928965
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930-
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933- HB5261 Engrossed - 27 - LRB103 38573 RPS 68709 b
966+ HB5261 - 26 - LRB103 38573 RPS 68709 b
967+
968+
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934971 1 (i) the difference between the amount of employee
935972 2 contributions originally paid for that service and the amounts
936973 3 that would have been contributed had such contributions been
937974 4 made at the rates applicable to State highway maintenance
938975 5 workers, plus (ii) the difference between the employer's
939976 6 normal cost of the credit prior to the conversion authorized
940977 7 by this amendatory Act of the 103rd General Assembly and the
941978 8 employer's normal cost of the credit converted in accordance
942979 9 with this amendatory Act of the 103rd General Assembly, plus
943980 10 (iii) interest thereon at the actuarially assumed rate for
944981 11 each year, compounded annually, from the date of service to
945982 12 the date of payment.
946983 13 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
947984 14 102-813, eff. 5-13-22; 103-34, eff. 1-1-24.)
948985 15 (Text of Section from P.A. 102-856 and 103-34)
949986 16 Sec. 14-110. Alternative retirement annuity.
950987 17 (a) Any member who has withdrawn from service with not
951988 18 less than 20 years of eligible creditable service and has
952989 19 attained age 55, and any member who has withdrawn from service
953990 20 with not less than 25 years of eligible creditable service and
954991 21 has attained age 50, regardless of whether the attainment of
955992 22 either of the specified ages occurs while the member is still
956993 23 in service, shall be entitled to receive at the option of the
957994 24 member, in lieu of the regular or minimum retirement annuity,
958995 25 a retirement annuity computed as follows:
959996
960997
961998
962999
9631000
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965-
966-
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968- HB5261 Engrossed - 28 - LRB103 38573 RPS 68709 b
1001+ HB5261 - 27 - LRB103 38573 RPS 68709 b
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1005+ HB5261 - 28 - LRB103 38573 RPS 68709 b
9691006 1 (i) for periods of service as a noncovered employee:
9701007 2 if retirement occurs on or after January 1, 2001, 3% of
9711008 3 final average compensation for each year of creditable
9721009 4 service; if retirement occurs before January 1, 2001, 2
9731010 5 1/4% of final average compensation for each of the first
9741011 6 10 years of creditable service, 2 1/2% for each year above
9751012 7 10 years to and including 20 years of creditable service,
9761013 8 and 2 3/4% for each year of creditable service above 20
9771014 9 years; and
9781015 10 (ii) for periods of eligible creditable service as a
9791016 11 covered employee: if retirement occurs on or after January
9801017 12 1, 2001, 2.5% of final average compensation for each year
9811018 13 of creditable service; if retirement occurs before January
9821019 14 1, 2001, 1.67% of final average compensation for each of
9831020 15 the first 10 years of such service, 1.90% for each of the
9841021 16 next 10 years of such service, 2.10% for each year of such
9851022 17 service in excess of 20 but not exceeding 30, and 2.30% for
9861023 18 each year in excess of 30.
9871024 19 Such annuity shall be subject to a maximum of 75% of final
9881025 20 average compensation if retirement occurs before January 1,
9891026 21 2001 or to a maximum of 80% of final average compensation if
9901027 22 retirement occurs on or after January 1, 2001.
9911028 23 These rates shall not be applicable to any service
9921029 24 performed by a member as a covered employee which is not
9931030 25 eligible creditable service. Service as a covered employee
9941031 26 which is not eligible creditable service shall be subject to
9951032
9961033
9971034
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10051042 1 the rates and provisions of Section 14-108.
10061043 2 (b) For the purpose of this Section, "eligible creditable
10071044 3 service" means creditable service resulting from service in
10081045 4 one or more of the following positions:
10091046 5 (1) State policeman;
10101047 6 (2) fire fighter in the fire protection service of a
10111048 7 department;
10121049 8 (3) air pilot;
10131050 9 (4) special agent;
10141051 10 (5) investigator for the Secretary of State;
10151052 11 (6) conservation police officer;
10161053 12 (7) investigator for the Department of Revenue or the
10171054 13 Illinois Gaming Board;
10181055 14 (8) security employee of the Department of Human
10191056 15 Services;
10201057 16 (9) Central Management Services security police
10211058 17 officer;
10221059 18 (10) security employee of the Department of
10231060 19 Corrections or the Department of Juvenile Justice;
10241061 20 (11) dangerous drugs investigator;
10251062 21 (12) investigator for the Illinois State Police;
10261063 22 (13) investigator for the Office of the Attorney
10271064 23 General;
10281065 24 (14) controlled substance inspector;
10291066 25 (15) investigator for the Office of the State's
10301067 26 Attorneys Appellate Prosecutor;
10311068
10321069
10331070
10341071
10351072
1036- HB5261 Engrossed - 29 - LRB103 38573 RPS 68709 b
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1040- HB5261 Engrossed - 30 - LRB103 38573 RPS 68709 b
1073+ HB5261 - 29 - LRB103 38573 RPS 68709 b
1074+
1075+
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1077+ HB5261 - 30 - LRB103 38573 RPS 68709 b
10411078 1 (16) Commerce Commission police officer;
10421079 2 (17) arson investigator;
10431080 3 (18) State highway maintenance worker;
10441081 4 (19) security employee of the Department of Innovation
10451082 5 and Technology; or
10461083 6 (20) transferred employee.
10471084 7 A person employed in one of the positions specified in
10481085 8 this subsection is entitled to eligible creditable service for
10491086 9 service credit earned under this Article while undergoing the
10501087 10 basic police training course approved by the Illinois Law
10511088 11 Enforcement Training Standards Board, if completion of that
10521089 12 training is required of persons serving in that position. For
10531090 13 the purposes of this Code, service during the required basic
10541091 14 police training course shall be deemed performance of the
10551092 15 duties of the specified position, even though the person is
10561093 16 not a sworn peace officer at the time of the training.
10571094 17 A person under paragraph (20) is entitled to eligible
10581095 18 creditable service for service credit earned under this
10591096 19 Article on and after his or her transfer by Executive Order No.
10601097 20 2003-10, Executive Order No. 2004-2, or Executive Order No.
10611098 21 2016-1.
10621099 22 (c) For the purposes of this Section:
10631100 23 (1) The term "State policeman" includes any title or
10641101 24 position in the Illinois State Police that is held by an
10651102 25 individual employed under the Illinois State Police Act.
10661103 26 (2) The term "fire fighter in the fire protection
10671104
10681105
10691106
10701107
10711108
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1113+ HB5261 - 31 - LRB103 38573 RPS 68709 b
10771114 1 service of a department" includes all officers in such
10781115 2 fire protection service including fire chiefs and
10791116 3 assistant fire chiefs.
10801117 4 (3) The term "air pilot" includes any employee whose
10811118 5 official job description on file in the Department of
10821119 6 Central Management Services, or in the department by which
10831120 7 he is employed if that department is not covered by the
10841121 8 Personnel Code, states that his principal duty is the
10851122 9 operation of aircraft, and who possesses a pilot's
10861123 10 license; however, the change in this definition made by
10871124 11 Public Act 83-842 shall not operate to exclude any
10881125 12 noncovered employee who was an "air pilot" for the
10891126 13 purposes of this Section on January 1, 1984.
10901127 14 (4) The term "special agent" means any person who by
10911128 15 reason of employment by the Division of Narcotic Control,
10921129 16 the Bureau of Investigation or, after July 1, 1977, the
10931130 17 Division of Criminal Investigation, the Division of
10941131 18 Internal Investigation, the Division of Operations, the
10951132 19 Division of Patrol, or any other Division or
10961133 20 organizational entity in the Illinois State Police is
10971134 21 vested by law with duties to maintain public order,
10981135 22 investigate violations of the criminal law of this State,
10991136 23 enforce the laws of this State, make arrests and recover
11001137 24 property. The term "special agent" includes any title or
11011138 25 position in the Illinois State Police that is held by an
11021139 26 individual employed under the Illinois State Police Act.
11031140
11041141
11051142
11061143
11071144
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11131150 1 (5) The term "investigator for the Secretary of State"
11141151 2 means any person employed by the Office of the Secretary
11151152 3 of State and vested with such investigative duties as
11161153 4 render him ineligible for coverage under the Social
11171154 5 Security Act by reason of Sections 218(d)(5)(A),
11181155 6 218(d)(8)(D) and 218(l)(1) of that Act.
11191156 7 A person who became employed as an investigator for
11201157 8 the Secretary of State between January 1, 1967 and
11211158 9 December 31, 1975, and who has served as such until
11221159 10 attainment of age 60, either continuously or with a single
11231160 11 break in service of not more than 3 years duration, which
11241161 12 break terminated before January 1, 1976, shall be entitled
11251162 13 to have his retirement annuity calculated in accordance
11261163 14 with subsection (a), notwithstanding that he has less than
11271164 15 20 years of credit for such service.
11281165 16 (6) The term "Conservation Police Officer" means any
11291166 17 person employed by the Division of Law Enforcement of the
11301167 18 Department of Natural Resources and vested with such law
11311168 19 enforcement duties as render him ineligible for coverage
11321169 20 under the Social Security Act by reason of Sections
11331170 21 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
11341171 22 term "Conservation Police Officer" includes the positions
11351172 23 of Chief Conservation Police Administrator and Assistant
11361173 24 Conservation Police Administrator.
11371174 25 (7) The term "investigator for the Department of
11381175 26 Revenue" means any person employed by the Department of
11391176
11401177
11411178
11421179
11431180
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11491186 1 Revenue and vested with such investigative duties as
11501187 2 render him ineligible for coverage under the Social
11511188 3 Security Act by reason of Sections 218(d)(5)(A),
11521189 4 218(d)(8)(D) and 218(l)(1) of that Act.
11531190 5 The term "investigator for the Illinois Gaming Board"
11541191 6 means any person employed as such by the Illinois Gaming
11551192 7 Board and vested with such peace officer duties as render
11561193 8 the person ineligible for coverage under the Social
11571194 9 Security Act by reason of Sections 218(d)(5)(A),
11581195 10 218(d)(8)(D), and 218(l)(1) of that Act.
11591196 11 (8) The term "security employee of the Department of
11601197 12 Human Services" means any person employed by the
11611198 13 Department of Human Services who (i) is employed at the
11621199 14 Chester Mental Health Center and has daily contact with
11631200 15 the residents thereof, (ii) is employed within a security
11641201 16 unit at a facility operated by the Department and has
11651202 17 daily contact with the residents of the security unit,
11661203 18 (iii) is employed at a facility operated by the Department
11671204 19 that includes a security unit and is regularly scheduled
11681205 20 to work at least 50% of his or her working hours within
11691206 21 that security unit, or (iv) is a mental health police
11701207 22 officer. "Mental health police officer" means any person
11711208 23 employed by the Department of Human Services in a position
11721209 24 pertaining to the Department's mental health and
11731210 25 developmental disabilities functions who is vested with
11741211 26 such law enforcement duties as render the person
11751212
11761213
11771214
11781215
11791216
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11851222 1 ineligible for coverage under the Social Security Act by
11861223 2 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
11871224 3 218(l)(1) of that Act. "Security unit" means that portion
11881225 4 of a facility that is devoted to the care, containment,
11891226 5 and treatment of persons committed to the Department of
11901227 6 Human Services as sexually violent persons, persons unfit
11911228 7 to stand trial, or persons not guilty by reason of
11921229 8 insanity. With respect to past employment, references to
11931230 9 the Department of Human Services include its predecessor,
11941231 10 the Department of Mental Health and Developmental
11951232 11 Disabilities.
11961233 12 The changes made to this subdivision (c)(8) by Public
11971234 13 Act 92-14 apply to persons who retire on or after January
11981235 14 1, 2001, notwithstanding Section 1-103.1.
11991236 15 (9) "Central Management Services security police
12001237 16 officer" means any person employed by the Department of
12011238 17 Central Management Services who is vested with such law
12021239 18 enforcement duties as render him ineligible for coverage
12031240 19 under the Social Security Act by reason of Sections
12041241 20 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
12051242 21 (10) For a member who first became an employee under
12061243 22 this Article before July 1, 2005, the term "security
12071244 23 employee of the Department of Corrections or the
12081245 24 Department of Juvenile Justice" means any employee of the
12091246 25 Department of Corrections or the Department of Juvenile
12101247 26 Justice or the former Department of Personnel, and any
12111248
12121249
12131250
12141251
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12211258 1 member or employee of the Prisoner Review Board, who has
12221259 2 daily contact with inmates or youth by working within a
12231260 3 correctional facility or Juvenile facility operated by the
12241261 4 Department of Juvenile Justice or who is a parole officer
12251262 5 or an employee who has direct contact with committed
12261263 6 persons in the performance of his or her job duties. For a
12271264 7 member who first becomes an employee under this Article on
12281265 8 or after July 1, 2005, the term means an employee of the
12291266 9 Department of Corrections or the Department of Juvenile
12301267 10 Justice who is any of the following: (i) officially
12311268 11 headquartered at a correctional facility or Juvenile
12321269 12 facility operated by the Department of Juvenile Justice,
12331270 13 (ii) a parole officer, (iii) a member of the apprehension
12341271 14 unit, (iv) a member of the intelligence unit, (v) a member
12351272 15 of the sort team, or (vi) an investigator.
12361273 16 (11) The term "dangerous drugs investigator" means any
12371274 17 person who is employed as such by the Department of Human
12381275 18 Services.
12391276 19 (12) The term "investigator for the Illinois State
12401277 20 Police" means a person employed by the Illinois State
12411278 21 Police who is vested under Section 4 of the Narcotic
12421279 22 Control Division Abolition Act with such law enforcement
12431280 23 powers as render him ineligible for coverage under the
12441281 24 Social Security Act by reason of Sections 218(d)(5)(A),
12451282 25 218(d)(8)(D) and 218(l)(1) of that Act.
12461283 26 (13) "Investigator for the Office of the Attorney
12471284
12481285
12491286
12501287
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12571294 1 General" means any person who is employed as such by the
12581295 2 Office of the Attorney General and is vested with such
12591296 3 investigative duties as render him ineligible for coverage
12601297 4 under the Social Security Act by reason of Sections
12611298 5 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
12621299 6 the period before January 1, 1989, the term includes all
12631300 7 persons who were employed as investigators by the Office
12641301 8 of the Attorney General, without regard to social security
12651302 9 status.
12661303 10 (14) "Controlled substance inspector" means any person
12671304 11 who is employed as such by the Department of Professional
12681305 12 Regulation and is vested with such law enforcement duties
12691306 13 as render him ineligible for coverage under the Social
12701307 14 Security Act by reason of Sections 218(d)(5)(A),
12711308 15 218(d)(8)(D) and 218(l)(1) of that Act. The term
12721309 16 "controlled substance inspector" includes the Program
12731310 17 Executive of Enforcement and the Assistant Program
12741311 18 Executive of Enforcement.
12751312 19 (15) The term "investigator for the Office of the
12761313 20 State's Attorneys Appellate Prosecutor" means a person
12771314 21 employed in that capacity on a full-time basis under the
12781315 22 authority of Section 7.06 of the State's Attorneys
12791316 23 Appellate Prosecutor's Act.
12801317 24 (16) "Commerce Commission police officer" means any
12811318 25 person employed by the Illinois Commerce Commission who is
12821319 26 vested with such law enforcement duties as render him
12831320
12841321
12851322
12861323
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12931330 1 ineligible for coverage under the Social Security Act by
12941331 2 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
12951332 3 218(l)(1) of that Act.
12961333 4 (17) "Arson investigator" means any person who is
12971334 5 employed as such by the Office of the State Fire Marshal
12981335 6 and is vested with such law enforcement duties as render
12991336 7 the person ineligible for coverage under the Social
13001337 8 Security Act by reason of Sections 218(d)(5)(A),
13011338 9 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
13021339 10 employed as an arson investigator on January 1, 1995 and
13031340 11 is no longer in service but not yet receiving a retirement
13041341 12 annuity may convert his or her creditable service for
13051342 13 employment as an arson investigator into eligible
13061343 14 creditable service by paying to the System the difference
13071344 15 between the employee contributions actually paid for that
13081345 16 service and the amounts that would have been contributed
13091346 17 if the applicant were contributing at the rate applicable
13101347 18 to persons with the same social security status earning
13111348 19 eligible creditable service on the date of application.
13121349 20 (18) The term "State highway maintenance worker" means
13131350 21 a person who is either of the following:
13141351 22 (i) A person employed on a full-time basis by the
13151352 23 Illinois Department of Transportation in the position
13161353 24 of highway maintainer, highway maintenance lead
13171354 25 worker, highway maintenance lead/lead worker, sign
13181355 26 hanger, sign hanger foreman, heavy construction
13191356
13201357
13211358
13221359
13231360
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13291366 1 equipment operator, power shovel operator, or bridge
13301367 2 mechanic; and whose principal responsibility is to
13311368 3 perform, on the roadway, the actual maintenance
13321369 4 necessary to keep the highways that form a part of the
13331370 5 State highway system in serviceable condition for
13341371 6 vehicular traffic.
13351372 7 (ii) A person employed on a full-time basis by the
13361373 8 Illinois State Toll Highway Authority in the position
13371374 9 of equipment operator/laborer H-4, equipment
13381375 10 operator/laborer H-6, welder H-4, welder H-6,
13391376 11 mechanical/electrical H-4, mechanical/electrical H-6,
13401377 12 water/sewer H-4, water/sewer H-6, sign maker/hanger
13411378 13 H-4, sign maker/hanger H-6, roadway lighting H-4,
13421379 14 roadway lighting H-6, structural H-4, structural H-6,
13431380 15 painter H-4, or painter H-6; and whose principal
13441381 16 responsibility is to perform, on the roadway, the
13451382 17 actual maintenance necessary to keep the Authority's
13461383 18 tollways in serviceable condition for vehicular
13471384 19 traffic.
13481385 20 The changes to this item (18) made by this amendatory
13491386 21 Act of the 103rd General Assembly apply without regard to
13501387 22 whether the member was in service on or after its
13511388 23 effective date, but do not entitle any person to
13521389 24 recalculation of any pension or other benefit already
13531390 25 granted.
13541391 26 (19) The term "security employee of the Department of
13551392
13561393
13571394
13581395
13591396
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13651402 1 Innovation and Technology" means a person who was a
13661403 2 security employee of the Department of Corrections or the
13671404 3 Department of Juvenile Justice, was transferred to the
13681405 4 Department of Innovation and Technology pursuant to
13691406 5 Executive Order 2016-01, and continues to perform similar
13701407 6 job functions under that Department.
13711408 7 (20) "Transferred employee" means an employee who was
13721409 8 transferred to the Department of Central Management
13731410 9 Services by Executive Order No. 2003-10 or Executive Order
13741411 10 No. 2004-2 or transferred to the Department of Innovation
13751412 11 and Technology by Executive Order No. 2016-1, or both, and
13761413 12 was entitled to eligible creditable service for services
13771414 13 immediately preceding the transfer.
13781415 14 (d) A security employee of the Department of Corrections
13791416 15 or the Department of Juvenile Justice, a security employee of
13801417 16 the Department of Human Services who is not a mental health
13811418 17 police officer, and a security employee of the Department of
13821419 18 Innovation and Technology shall not be eligible for the
13831420 19 alternative retirement annuity provided by this Section unless
13841421 20 he or she meets the following minimum age and service
13851422 21 requirements at the time of retirement:
13861423 22 (i) 25 years of eligible creditable service and age
13871424 23 55; or
13881425 24 (ii) beginning January 1, 1987, 25 years of eligible
13891426 25 creditable service and age 54, or 24 years of eligible
13901427 26 creditable service and age 55; or
13911428
13921429
13931430
13941431
13951432
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14011438 1 (iii) beginning January 1, 1988, 25 years of eligible
14021439 2 creditable service and age 53, or 23 years of eligible
14031440 3 creditable service and age 55; or
14041441 4 (iv) beginning January 1, 1989, 25 years of eligible
14051442 5 creditable service and age 52, or 22 years of eligible
14061443 6 creditable service and age 55; or
14071444 7 (v) beginning January 1, 1990, 25 years of eligible
14081445 8 creditable service and age 51, or 21 years of eligible
14091446 9 creditable service and age 55; or
14101447 10 (vi) beginning January 1, 1991, 25 years of eligible
14111448 11 creditable service and age 50, or 20 years of eligible
14121449 12 creditable service and age 55.
14131450 13 Persons who have service credit under Article 16 of this
14141451 14 Code for service as a security employee of the Department of
14151452 15 Corrections or the Department of Juvenile Justice, or the
14161453 16 Department of Human Services in a position requiring
14171454 17 certification as a teacher may count such service toward
14181455 18 establishing their eligibility under the service requirements
14191456 19 of this Section; but such service may be used only for
14201457 20 establishing such eligibility, and not for the purpose of
14211458 21 increasing or calculating any benefit.
14221459 22 (e) If a member enters military service while working in a
14231460 23 position in which eligible creditable service may be earned,
14241461 24 and returns to State service in the same or another such
14251462 25 position, and fulfills in all other respects the conditions
14261463 26 prescribed in this Article for credit for military service,
14271464
14281465
14291466
14301467
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14371474 1 such military service shall be credited as eligible creditable
14381475 2 service for the purposes of the retirement annuity prescribed
14391476 3 in this Section.
14401477 4 (f) For purposes of calculating retirement annuities under
14411478 5 this Section, periods of service rendered after December 31,
14421479 6 1968 and before October 1, 1975 as a covered employee in the
14431480 7 position of special agent, conservation police officer, mental
14441481 8 health police officer, or investigator for the Secretary of
14451482 9 State, shall be deemed to have been service as a noncovered
14461483 10 employee, provided that the employee pays to the System prior
14471484 11 to retirement an amount equal to (1) the difference between
14481485 12 the employee contributions that would have been required for
14491486 13 such service as a noncovered employee, and the amount of
14501487 14 employee contributions actually paid, plus (2) if payment is
14511488 15 made after July 31, 1987, regular interest on the amount
14521489 16 specified in item (1) from the date of service to the date of
14531490 17 payment.
14541491 18 For purposes of calculating retirement annuities under
14551492 19 this Section, periods of service rendered after December 31,
14561493 20 1968 and before January 1, 1982 as a covered employee in the
14571494 21 position of investigator for the Department of Revenue shall
14581495 22 be deemed to have been service as a noncovered employee,
14591496 23 provided that the employee pays to the System prior to
14601497 24 retirement an amount equal to (1) the difference between the
14611498 25 employee contributions that would have been required for such
14621499 26 service as a noncovered employee, and the amount of employee
14631500
14641501
14651502
14661503
14671504
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1469-
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1472- HB5261 Engrossed - 42 - LRB103 38573 RPS 68709 b
1505+ HB5261 - 41 - LRB103 38573 RPS 68709 b
1506+
1507+
1508+HB5261- 42 -LRB103 38573 RPS 68709 b HB5261 - 42 - LRB103 38573 RPS 68709 b
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14731510 1 contributions actually paid, plus (2) if payment is made after
14741511 2 January 1, 1990, regular interest on the amount specified in
14751512 3 item (1) from the date of service to the date of payment.
14761513 4 (g) A State policeman may elect, not later than January 1,
14771514 5 1990, to establish eligible creditable service for up to 10
14781515 6 years of his service as a policeman under Article 3, by filing
14791516 7 a written election with the Board, accompanied by payment of
14801517 8 an amount to be determined by the Board, equal to (i) the
14811518 9 difference between the amount of employee and employer
14821519 10 contributions transferred to the System under Section 3-110.5,
14831520 11 and the amounts that would have been contributed had such
14841521 12 contributions been made at the rates applicable to State
14851522 13 policemen, plus (ii) interest thereon at the effective rate
14861523 14 for each year, compounded annually, from the date of service
14871524 15 to the date of payment.
14881525 16 Subject to the limitation in subsection (i), a State
14891526 17 policeman may elect, not later than July 1, 1993, to establish
14901527 18 eligible creditable service for up to 10 years of his service
14911528 19 as a member of the County Police Department under Article 9, by
14921529 20 filing a written election with the Board, accompanied by
14931530 21 payment of an amount to be determined by the Board, equal to
14941531 22 (i) the difference between the amount of employee and employer
14951532 23 contributions transferred to the System under Section 9-121.10
14961533 24 and the amounts that would have been contributed had those
14971534 25 contributions been made at the rates applicable to State
14981535 26 policemen, plus (ii) interest thereon at the effective rate
14991536
15001537
15011538
15021539
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1505-
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15091546 1 for each year, compounded annually, from the date of service
15101547 2 to the date of payment.
15111548 3 (h) Subject to the limitation in subsection (i), a State
15121549 4 policeman or investigator for the Secretary of State may elect
15131550 5 to establish eligible creditable service for up to 12 years of
15141551 6 his service as a policeman under Article 5, by filing a written
15151552 7 election with the Board on or before January 31, 1992, and
15161553 8 paying to the System by January 31, 1994 an amount to be
15171554 9 determined by the Board, equal to (i) the difference between
15181555 10 the amount of employee and employer contributions transferred
15191556 11 to the System under Section 5-236, and the amounts that would
15201557 12 have been contributed had such contributions been made at the
15211558 13 rates applicable to State policemen, plus (ii) interest
15221559 14 thereon at the effective rate for each year, compounded
15231560 15 annually, from the date of service to the date of payment.
15241561 16 Subject to the limitation in subsection (i), a State
15251562 17 policeman, conservation police officer, or investigator for
15261563 18 the Secretary of State may elect to establish eligible
15271564 19 creditable service for up to 10 years of service as a sheriff's
15281565 20 law enforcement employee under Article 7, by filing a written
15291566 21 election with the Board on or before January 31, 1993, and
15301567 22 paying to the System by January 31, 1994 an amount to be
15311568 23 determined by the Board, equal to (i) the difference between
15321569 24 the amount of employee and employer contributions transferred
15331570 25 to the System under Section 7-139.7, and the amounts that
15341571 26 would have been contributed had such contributions been made
15351572
15361573
15371574
15381575
15391576
1540- HB5261 Engrossed - 43 - LRB103 38573 RPS 68709 b
1541-
1542-
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1544- HB5261 Engrossed - 44 - LRB103 38573 RPS 68709 b
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15451582 1 at the rates applicable to State policemen, plus (ii) interest
15461583 2 thereon at the effective rate for each year, compounded
15471584 3 annually, from the date of service to the date of payment.
15481585 4 Subject to the limitation in subsection (i), a State
15491586 5 policeman, conservation police officer, or investigator for
15501587 6 the Secretary of State may elect to establish eligible
15511588 7 creditable service for up to 5 years of service as a police
15521589 8 officer under Article 3, a policeman under Article 5, a
15531590 9 sheriff's law enforcement employee under Article 7, a member
15541591 10 of the county police department under Article 9, or a police
15551592 11 officer under Article 15 by filing a written election with the
15561593 12 Board and paying to the System an amount to be determined by
15571594 13 the Board, equal to (i) the difference between the amount of
15581595 14 employee and employer contributions transferred to the System
15591596 15 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
15601597 16 and the amounts that would have been contributed had such
15611598 17 contributions been made at the rates applicable to State
15621599 18 policemen, plus (ii) interest thereon at the effective rate
15631600 19 for each year, compounded annually, from the date of service
15641601 20 to the date of payment.
15651602 21 Subject to the limitation in subsection (i), an
15661603 22 investigator for the Office of the Attorney General, or an
15671604 23 investigator for the Department of Revenue, may elect to
15681605 24 establish eligible creditable service for up to 5 years of
15691606 25 service as a police officer under Article 3, a policeman under
15701607 26 Article 5, a sheriff's law enforcement employee under Article
15711608
15721609
15731610
15741611
15751612
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1577-
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15811618 1 7, or a member of the county police department under Article 9
15821619 2 by filing a written election with the Board within 6 months
15831620 3 after August 25, 2009 (the effective date of Public Act
15841621 4 96-745) and paying to the System an amount to be determined by
15851622 5 the Board, equal to (i) the difference between the amount of
15861623 6 employee and employer contributions transferred to the System
15871624 7 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
15881625 8 amounts that would have been contributed had such
15891626 9 contributions been made at the rates applicable to State
15901627 10 policemen, plus (ii) interest thereon at the actuarially
15911628 11 assumed rate for each year, compounded annually, from the date
15921629 12 of service to the date of payment.
15931630 13 Subject to the limitation in subsection (i), a State
15941631 14 policeman, conservation police officer, investigator for the
15951632 15 Office of the Attorney General, an investigator for the
15961633 16 Department of Revenue, or investigator for the Secretary of
15971634 17 State may elect to establish eligible creditable service for
15981635 18 up to 5 years of service as a person employed by a
15991636 19 participating municipality to perform police duties, or law
16001637 20 enforcement officer employed on a full-time basis by a forest
16011638 21 preserve district under Article 7, a county corrections
16021639 22 officer, or a court services officer under Article 9, by
16031640 23 filing a written election with the Board within 6 months after
16041641 24 August 25, 2009 (the effective date of Public Act 96-745) and
16051642 25 paying to the System an amount to be determined by the Board,
16061643 26 equal to (i) the difference between the amount of employee and
16071644
16081645
16091646
16101647
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1613-
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16171654 1 employer contributions transferred to the System under
16181655 2 Sections 7-139.8 and 9-121.10 and the amounts that would have
16191656 3 been contributed had such contributions been made at the rates
16201657 4 applicable to State policemen, plus (ii) interest thereon at
16211658 5 the actuarially assumed rate for each year, compounded
16221659 6 annually, from the date of service to the date of payment.
16231660 7 Subject to the limitation in subsection (i), a State
16241661 8 policeman, arson investigator, or Commerce Commission police
16251662 9 officer may elect to establish eligible creditable service for
16261663 10 up to 5 years of service as a person employed by a
16271664 11 participating municipality to perform police duties under
16281665 12 Article 7, a county corrections officer, a court services
16291666 13 officer under Article 9, or a firefighter under Article 4 by
16301667 14 filing a written election with the Board within 6 months after
16311668 15 July 30, 2021 (the effective date of Public Act 102-210) and
16321669 16 paying to the System an amount to be determined by the Board
16331670 17 equal to (i) the difference between the amount of employee and
16341671 18 employer contributions transferred to the System under
16351672 19 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
16361673 20 would have been contributed had such contributions been made
16371674 21 at the rates applicable to State policemen, plus (ii) interest
16381675 22 thereon at the actuarially assumed rate for each year,
16391676 23 compounded annually, from the date of service to the date of
16401677 24 payment.
16411678 25 Subject to the limitation in subsection (i), a
16421679 26 conservation police officer may elect to establish eligible
16431680
16441681
16451682
16461683
16471684
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1685+ HB5261 - 46 - LRB103 38573 RPS 68709 b
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16531690 1 creditable service for up to 5 years of service as a person
16541691 2 employed by a participating municipality to perform police
16551692 3 duties under Article 7, a county corrections officer, or a
16561693 4 court services officer under Article 9 by filing a written
16571694 5 election with the Board within 6 months after July 30, 2021
16581695 6 (the effective date of Public Act 102-210) and paying to the
16591696 7 System an amount to be determined by the Board equal to (i) the
16601697 8 difference between the amount of employee and employer
16611698 9 contributions transferred to the System under Sections 7-139.8
16621699 10 and 9-121.10 and the amounts that would have been contributed
16631700 11 had such contributions been made at the rates applicable to
16641701 12 State policemen, plus (ii) interest thereon at the actuarially
16651702 13 assumed rate for each year, compounded annually, from the date
16661703 14 of service to the date of payment.
16671704 15 Subject to the limitation in subsection (i), an
16681705 16 investigator for the Department of Revenue, investigator for
16691706 17 the Illinois Gaming Board, investigator for the Secretary of
16701707 18 State, or arson investigator may elect to establish eligible
16711708 19 creditable service for up to 5 years of service as a person
16721709 20 employed by a participating municipality to perform police
16731710 21 duties under Article 7, a county corrections officer, a court
16741711 22 services officer under Article 9, or a firefighter under
16751712 23 Article 4 by filing a written election with the Board within 6
16761713 24 months after the effective date of this amendatory Act of the
16771714 25 102nd General Assembly and paying to the System an amount to be
16781715 26 determined by the Board equal to (i) the difference between
16791716
16801717
16811718
16821719
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1685-
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16891726 1 the amount of employee and employer contributions transferred
16901727 2 to the System under Sections 4-108.8, 7-139.8, and 9-121.10
16911728 3 and the amounts that would have been contributed had such
16921729 4 contributions been made at the rates applicable to State
16931730 5 policemen, plus (ii) interest thereon at the actuarially
16941731 6 assumed rate for each year, compounded annually, from the date
16951732 7 of service to the date of payment.
16961733 8 Notwithstanding the limitation in subsection (i), a State
16971734 9 policeman or conservation police officer may elect to convert
16981735 10 service credit earned under this Article to eligible
16991736 11 creditable service, as defined by this Section, by filing a
17001737 12 written election with the board within 6 months after July 30,
17011738 13 2021 (the effective date of Public Act 102-210) and paying to
17021739 14 the System an amount to be determined by the Board equal to (i)
17031740 15 the difference between the amount of employee contributions
17041741 16 originally paid for that service and the amounts that would
17051742 17 have been contributed had such contributions been made at the
17061743 18 rates applicable to State policemen, plus (ii) the difference
17071744 19 between the employer's normal cost of the credit prior to the
17081745 20 conversion authorized by Public Act 102-210 and the employer's
17091746 21 normal cost of the credit converted in accordance with Public
17101747 22 Act 102-210, plus (iii) interest thereon at the actuarially
17111748 23 assumed rate for each year, compounded annually, from the date
17121749 24 of service to the date of payment.
17131750 25 Notwithstanding the limitation in subsection (i), an
17141751 26 investigator for the Department of Revenue, investigator for
17151752
17161753
17171754
17181755
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17251762 1 the Illinois Gaming Board, investigator for the Secretary of
17261763 2 State, or arson investigator may elect to convert service
17271764 3 credit earned under this Article to eligible creditable
17281765 4 service, as defined by this Section, by filing a written
17291766 5 election with the Board within 6 months after the effective
17301767 6 date of this amendatory Act of the 102nd General Assembly and
17311768 7 paying to the System an amount to be determined by the Board
17321769 8 equal to (i) the difference between the amount of employee
17331770 9 contributions originally paid for that service and the amounts
17341771 10 that would have been contributed had such contributions been
17351772 11 made at the rates applicable to investigators for the
17361773 12 Department of Revenue, investigators for the Illinois Gaming
17371774 13 Board, investigators for the Secretary of State, or arson
17381775 14 investigators, plus (ii) the difference between the employer's
17391776 15 normal cost of the credit prior to the conversion authorized
17401777 16 by this amendatory Act of the 102nd General Assembly and the
17411778 17 employer's normal cost of the credit converted in accordance
17421779 18 with this amendatory Act of the 102nd General Assembly, plus
17431780 19 (iii) interest thereon at the actuarially assumed rate for
17441781 20 each year, compounded annually, from the date of service to
17451782 21 the date of payment.
17461783 22 (i) The total amount of eligible creditable service
17471784 23 established by any person under subsections (g), (h), (j),
17481785 24 (k), (l), (l-5), and (o) of this Section shall not exceed 12
17491786 25 years.
17501787 26 (j) Subject to the limitation in subsection (i), an
17511788
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17531790
17541791
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17611798 1 investigator for the Office of the State's Attorneys Appellate
17621799 2 Prosecutor or a controlled substance inspector may elect to
17631800 3 establish eligible creditable service for up to 10 years of
17641801 4 his service as a policeman under Article 3 or a sheriff's law
17651802 5 enforcement employee under Article 7, by filing a written
17661803 6 election with the Board, accompanied by payment of an amount
17671804 7 to be determined by the Board, equal to (1) the difference
17681805 8 between the amount of employee and employer contributions
17691806 9 transferred to the System under Section 3-110.6 or 7-139.8,
17701807 10 and the amounts that would have been contributed had such
17711808 11 contributions been made at the rates applicable to State
17721809 12 policemen, plus (2) interest thereon at the effective rate for
17731810 13 each year, compounded annually, from the date of service to
17741811 14 the date of payment.
17751812 15 (k) Subject to the limitation in subsection (i) of this
17761813 16 Section, an alternative formula employee may elect to
17771814 17 establish eligible creditable service for periods spent as a
17781815 18 full-time law enforcement officer or full-time corrections
17791816 19 officer employed by the federal government or by a state or
17801817 20 local government located outside of Illinois, for which credit
17811818 21 is not held in any other public employee pension fund or
17821819 22 retirement system. To obtain this credit, the applicant must
17831820 23 file a written application with the Board by March 31, 1998,
17841821 24 accompanied by evidence of eligibility acceptable to the Board
17851822 25 and payment of an amount to be determined by the Board, equal
17861823 26 to (1) employee contributions for the credit being
17871824
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17891826
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1829+ HB5261 - 50 - LRB103 38573 RPS 68709 b
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17971834 1 established, based upon the applicant's salary on the first
17981835 2 day as an alternative formula employee after the employment
17991836 3 for which credit is being established and the rates then
18001837 4 applicable to alternative formula employees, plus (2) an
18011838 5 amount determined by the Board to be the employer's normal
18021839 6 cost of the benefits accrued for the credit being established,
18031840 7 plus (3) regular interest on the amounts in items (1) and (2)
18041841 8 from the first day as an alternative formula employee after
18051842 9 the employment for which credit is being established to the
18061843 10 date of payment.
18071844 11 (l) Subject to the limitation in subsection (i), a
18081845 12 security employee of the Department of Corrections may elect,
18091846 13 not later than July 1, 1998, to establish eligible creditable
18101847 14 service for up to 10 years of his or her service as a policeman
18111848 15 under Article 3, by filing a written election with the Board,
18121849 16 accompanied by payment of an amount to be determined by the
18131850 17 Board, equal to (i) the difference between the amount of
18141851 18 employee and employer contributions transferred to the System
18151852 19 under Section 3-110.5, and the amounts that would have been
18161853 20 contributed had such contributions been made at the rates
18171854 21 applicable to security employees of the Department of
18181855 22 Corrections, plus (ii) interest thereon at the effective rate
18191856 23 for each year, compounded annually, from the date of service
18201857 24 to the date of payment.
18211858 25 (l-5) Subject to the limitation in subsection (i) of this
18221859 26 Section, a State policeman may elect to establish eligible
18231860
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1865+ HB5261 - 51 - LRB103 38573 RPS 68709 b
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18331870 1 creditable service for up to 5 years of service as a full-time
18341871 2 law enforcement officer employed by the federal government or
18351872 3 by a state or local government located outside of Illinois for
18361873 4 which credit is not held in any other public employee pension
18371874 5 fund or retirement system. To obtain this credit, the
18381875 6 applicant must file a written application with the Board no
18391876 7 later than 3 years after January 1, 2020 (the effective date of
18401877 8 Public Act 101-610), accompanied by evidence of eligibility
18411878 9 acceptable to the Board and payment of an amount to be
18421879 10 determined by the Board, equal to (1) employee contributions
18431880 11 for the credit being established, based upon the applicant's
18441881 12 salary on the first day as an alternative formula employee
18451882 13 after the employment for which credit is being established and
18461883 14 the rates then applicable to alternative formula employees,
18471884 15 plus (2) an amount determined by the Board to be the employer's
18481885 16 normal cost of the benefits accrued for the credit being
18491886 17 established, plus (3) regular interest on the amounts in items
18501887 18 (1) and (2) from the first day as an alternative formula
18511888 19 employee after the employment for which credit is being
18521889 20 established to the date of payment.
18531890 21 (m) The amendatory changes to this Section made by Public
18541891 22 Act 94-696 apply only to: (1) security employees of the
18551892 23 Department of Juvenile Justice employed by the Department of
18561893 24 Corrections before June 1, 2006 (the effective date of Public
18571894 25 Act 94-696) and transferred to the Department of Juvenile
18581895 26 Justice by Public Act 94-696; and (2) persons employed by the
18591896
18601897
18611898
18621899
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1901+ HB5261 - 52 - LRB103 38573 RPS 68709 b
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18691906 1 Department of Juvenile Justice on or after June 1, 2006 (the
18701907 2 effective date of Public Act 94-696) who are required by
18711908 3 subsection (b) of Section 3-2.5-15 of the Unified Code of
18721909 4 Corrections to have any bachelor's or advanced degree from an
18731910 5 accredited college or university or, in the case of persons
18741911 6 who provide vocational training, who are required to have
18751912 7 adequate knowledge in the skill for which they are providing
18761913 8 the vocational training.
18771914 9 (n) A person employed in a position under subsection (b)
18781915 10 of this Section who has purchased service credit under
18791916 11 subsection (j) of Section 14-104 or subsection (b) of Section
18801917 12 14-105 in any other capacity under this Article may convert up
18811918 13 to 5 years of that service credit into service credit covered
18821919 14 under this Section by paying to the Fund an amount equal to (1)
18831920 15 the additional employee contribution required under Section
18841921 16 14-133, plus (2) the additional employer contribution required
18851922 17 under Section 14-131, plus (3) interest on items (1) and (2) at
18861923 18 the actuarially assumed rate from the date of the service to
18871924 19 the date of payment.
18881925 20 (o) Subject to the limitation in subsection (i), a
18891926 21 conservation police officer, investigator for the Secretary of
18901927 22 State, Commerce Commission police officer, investigator for
18911928 23 the Department of Revenue or the Illinois Gaming Board, or
18921929 24 arson investigator subject to subsection (g) of Section 1-160
18931930 25 may elect to convert up to 8 years of service credit
18941931 26 established before January 1, 2020 (the effective date of
18951932
18961933
18971934
18981935
18991936
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1937+ HB5261 - 53 - LRB103 38573 RPS 68709 b
1938+
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1941+ HB5261 - 54 - LRB103 38573 RPS 68709 b
19051942 1 Public Act 101-610) as a conservation police officer,
19061943 2 investigator for the Secretary of State, Commerce Commission
19071944 3 police officer, investigator for the Department of Revenue or
19081945 4 the Illinois Gaming Board, or arson investigator under this
19091946 5 Article into eligible creditable service by filing a written
19101947 6 election with the Board no later than one year after January 1,
19111948 7 2020 (the effective date of Public Act 101-610), accompanied
19121949 8 by payment of an amount to be determined by the Board equal to
19131950 9 (i) the difference between the amount of the employee
19141951 10 contributions actually paid for that service and the amount of
19151952 11 the employee contributions that would have been paid had the
19161953 12 employee contributions been made as a noncovered employee
19171954 13 serving in a position in which eligible creditable service, as
19181955 14 defined in this Section, may be earned, plus (ii) interest
19191956 15 thereon at the effective rate for each year, compounded
19201957 16 annually, from the date of service to the date of payment.
19211958 17 (q) A person who is employed on a full-time basis by the
19221959 18 Illinois Department of Transportation in the position of sign
19231960 19 hanger or sign hanger foreman may elect to convert service
19241961 20 credit earned under this Article to eligible creditable
19251962 21 service by filing a written election with the Board and paying
19261963 22 to the System an amount to be determined by the Board equal to
19271964 23 (i) the difference between the amount of employee
19281965 24 contributions originally paid for that service and the amounts
19291966 25 that would have been contributed had such contributions been
19301967 26 made at the rates applicable to State highway maintenance
19311968
19321969
19331970
19341971
19351972
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1940- HB5261 Engrossed - 55 - LRB103 38573 RPS 68709 b
1973+ HB5261 - 54 - LRB103 38573 RPS 68709 b
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19411978 1 workers, plus (ii) the difference between the employer's
19421979 2 normal cost of the credit prior to the conversion authorized
19431980 3 by this amendatory Act of the 103rd General Assembly and the
19441981 4 employer's normal cost of the credit converted in accordance
19451982 5 with this amendatory Act of the 103rd General Assembly, plus
19461983 6 (iii) interest thereon at the actuarially assumed rate for
19471984 7 each year, compounded annually, from the date of service to
19481985 8 the date of payment.
19491986 9 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
19501987 10 102-856, eff. 1-1-23; 103-34, eff. 1-1-24.)
19511988 11 (Text of Section from P.A. 102-956 and 103-34)
19521989 12 Sec. 14-110. Alternative retirement annuity.
19531990 13 (a) Any member who has withdrawn from service with not
19541991 14 less than 20 years of eligible creditable service and has
19551992 15 attained age 55, and any member who has withdrawn from service
19561993 16 with not less than 25 years of eligible creditable service and
19571994 17 has attained age 50, regardless of whether the attainment of
19581995 18 either of the specified ages occurs while the member is still
19591996 19 in service, shall be entitled to receive at the option of the
19601997 20 member, in lieu of the regular or minimum retirement annuity,
19611998 21 a retirement annuity computed as follows:
19621999 22 (i) for periods of service as a noncovered employee:
19632000 23 if retirement occurs on or after January 1, 2001, 3% of
19642001 24 final average compensation for each year of creditable
19652002 25 service; if retirement occurs before January 1, 2001, 2
19662003
19672004
19682005
19692006
19702007
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2008+ HB5261 - 55 - LRB103 38573 RPS 68709 b
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19762013 1 1/4% of final average compensation for each of the first
19772014 2 10 years of creditable service, 2 1/2% for each year above
19782015 3 10 years to and including 20 years of creditable service,
19792016 4 and 2 3/4% for each year of creditable service above 20
19802017 5 years; and
19812018 6 (ii) for periods of eligible creditable service as a
19822019 7 covered employee: if retirement occurs on or after January
19832020 8 1, 2001, 2.5% of final average compensation for each year
19842021 9 of creditable service; if retirement occurs before January
19852022 10 1, 2001, 1.67% of final average compensation for each of
19862023 11 the first 10 years of such service, 1.90% for each of the
19872024 12 next 10 years of such service, 2.10% for each year of such
19882025 13 service in excess of 20 but not exceeding 30, and 2.30% for
19892026 14 each year in excess of 30.
19902027 15 Such annuity shall be subject to a maximum of 75% of final
19912028 16 average compensation if retirement occurs before January 1,
19922029 17 2001 or to a maximum of 80% of final average compensation if
19932030 18 retirement occurs on or after January 1, 2001.
19942031 19 These rates shall not be applicable to any service
19952032 20 performed by a member as a covered employee which is not
19962033 21 eligible creditable service. Service as a covered employee
19972034 22 which is not eligible creditable service shall be subject to
19982035 23 the rates and provisions of Section 14-108.
19992036 24 (b) For the purpose of this Section, "eligible creditable
20002037 25 service" means creditable service resulting from service in
20012038 26 one or more of the following positions:
20022039
20032040
20042041
20052042
20062043
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2011- HB5261 Engrossed - 57 - LRB103 38573 RPS 68709 b
2044+ HB5261 - 56 - LRB103 38573 RPS 68709 b
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20122049 1 (1) State policeman;
20132050 2 (2) fire fighter in the fire protection service of a
20142051 3 department;
20152052 4 (3) air pilot;
20162053 5 (4) special agent;
20172054 6 (5) investigator for the Secretary of State;
20182055 7 (6) conservation police officer;
20192056 8 (7) investigator for the Department of Revenue or the
20202057 9 Illinois Gaming Board;
20212058 10 (8) security employee of the Department of Human
20222059 11 Services;
20232060 12 (9) Central Management Services security police
20242061 13 officer;
20252062 14 (10) security employee of the Department of
20262063 15 Corrections or the Department of Juvenile Justice;
20272064 16 (11) dangerous drugs investigator;
20282065 17 (12) investigator for the Illinois State Police;
20292066 18 (13) investigator for the Office of the Attorney
20302067 19 General;
20312068 20 (14) controlled substance inspector;
20322069 21 (15) investigator for the Office of the State's
20332070 22 Attorneys Appellate Prosecutor;
20342071 23 (16) Commerce Commission police officer;
20352072 24 (17) arson investigator;
20362073 25 (18) State highway maintenance worker;
20372074 26 (19) security employee of the Department of Innovation
20382075
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20482085 1 and Technology; or
20492086 2 (20) transferred employee.
20502087 3 A person employed in one of the positions specified in
20512088 4 this subsection is entitled to eligible creditable service for
20522089 5 service credit earned under this Article while undergoing the
20532090 6 basic police training course approved by the Illinois Law
20542091 7 Enforcement Training Standards Board, if completion of that
20552092 8 training is required of persons serving in that position. For
20562093 9 the purposes of this Code, service during the required basic
20572094 10 police training course shall be deemed performance of the
20582095 11 duties of the specified position, even though the person is
20592096 12 not a sworn peace officer at the time of the training.
20602097 13 A person under paragraph (20) is entitled to eligible
20612098 14 creditable service for service credit earned under this
20622099 15 Article on and after his or her transfer by Executive Order No.
20632100 16 2003-10, Executive Order No. 2004-2, or Executive Order No.
20642101 17 2016-1.
20652102 18 (c) For the purposes of this Section:
20662103 19 (1) The term "State policeman" includes any title or
20672104 20 position in the Illinois State Police that is held by an
20682105 21 individual employed under the Illinois State Police Act.
20692106 22 (2) The term "fire fighter in the fire protection
20702107 23 service of a department" includes all officers in such
20712108 24 fire protection service including fire chiefs and
20722109 25 assistant fire chiefs.
20732110 26 (3) The term "air pilot" includes any employee whose
20742111
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20842121 1 official job description on file in the Department of
20852122 2 Central Management Services, or in the department by which
20862123 3 he is employed if that department is not covered by the
20872124 4 Personnel Code, states that his principal duty is the
20882125 5 operation of aircraft, and who possesses a pilot's
20892126 6 license; however, the change in this definition made by
20902127 7 Public Act 83-842 shall not operate to exclude any
20912128 8 noncovered employee who was an "air pilot" for the
20922129 9 purposes of this Section on January 1, 1984.
20932130 10 (4) The term "special agent" means any person who by
20942131 11 reason of employment by the Division of Narcotic Control,
20952132 12 the Bureau of Investigation or, after July 1, 1977, the
20962133 13 Division of Criminal Investigation, the Division of
20972134 14 Internal Investigation, the Division of Operations, the
20982135 15 Division of Patrol, or any other Division or
20992136 16 organizational entity in the Illinois State Police is
21002137 17 vested by law with duties to maintain public order,
21012138 18 investigate violations of the criminal law of this State,
21022139 19 enforce the laws of this State, make arrests and recover
21032140 20 property. The term "special agent" includes any title or
21042141 21 position in the Illinois State Police that is held by an
21052142 22 individual employed under the Illinois State Police Act.
21062143 23 (5) The term "investigator for the Secretary of State"
21072144 24 means any person employed by the Office of the Secretary
21082145 25 of State and vested with such investigative duties as
21092146 26 render him ineligible for coverage under the Social
21102147
21112148
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21202157 1 Security Act by reason of Sections 218(d)(5)(A),
21212158 2 218(d)(8)(D) and 218(l)(1) of that Act.
21222159 3 A person who became employed as an investigator for
21232160 4 the Secretary of State between January 1, 1967 and
21242161 5 December 31, 1975, and who has served as such until
21252162 6 attainment of age 60, either continuously or with a single
21262163 7 break in service of not more than 3 years duration, which
21272164 8 break terminated before January 1, 1976, shall be entitled
21282165 9 to have his retirement annuity calculated in accordance
21292166 10 with subsection (a), notwithstanding that he has less than
21302167 11 20 years of credit for such service.
21312168 12 (6) The term "Conservation Police Officer" means any
21322169 13 person employed by the Division of Law Enforcement of the
21332170 14 Department of Natural Resources and vested with such law
21342171 15 enforcement duties as render him ineligible for coverage
21352172 16 under the Social Security Act by reason of Sections
21362173 17 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
21372174 18 term "Conservation Police Officer" includes the positions
21382175 19 of Chief Conservation Police Administrator and Assistant
21392176 20 Conservation Police Administrator.
21402177 21 (7) The term "investigator for the Department of
21412178 22 Revenue" means any person employed by the Department of
21422179 23 Revenue and vested with such investigative duties as
21432180 24 render him ineligible for coverage under the Social
21442181 25 Security Act by reason of Sections 218(d)(5)(A),
21452182 26 218(d)(8)(D) and 218(l)(1) of that Act.
21462183
21472184
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21562193 1 The term "investigator for the Illinois Gaming Board"
21572194 2 means any person employed as such by the Illinois Gaming
21582195 3 Board and vested with such peace officer duties as render
21592196 4 the person ineligible for coverage under the Social
21602197 5 Security Act by reason of Sections 218(d)(5)(A),
21612198 6 218(d)(8)(D), and 218(l)(1) of that Act.
21622199 7 (8) The term "security employee of the Department of
21632200 8 Human Services" means any person employed by the
21642201 9 Department of Human Services who (i) is employed at the
21652202 10 Chester Mental Health Center and has daily contact with
21662203 11 the residents thereof, (ii) is employed within a security
21672204 12 unit at a facility operated by the Department and has
21682205 13 daily contact with the residents of the security unit,
21692206 14 (iii) is employed at a facility operated by the Department
21702207 15 that includes a security unit and is regularly scheduled
21712208 16 to work at least 50% of his or her working hours within
21722209 17 that security unit, or (iv) is a mental health police
21732210 18 officer. "Mental health police officer" means any person
21742211 19 employed by the Department of Human Services in a position
21752212 20 pertaining to the Department's mental health and
21762213 21 developmental disabilities functions who is vested with
21772214 22 such law enforcement duties as render the person
21782215 23 ineligible for coverage under the Social Security Act by
21792216 24 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
21802217 25 218(l)(1) of that Act. "Security unit" means that portion
21812218 26 of a facility that is devoted to the care, containment,
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21922229 1 and treatment of persons committed to the Department of
21932230 2 Human Services as sexually violent persons, persons unfit
21942231 3 to stand trial, or persons not guilty by reason of
21952232 4 insanity. With respect to past employment, references to
21962233 5 the Department of Human Services include its predecessor,
21972234 6 the Department of Mental Health and Developmental
21982235 7 Disabilities.
21992236 8 The changes made to this subdivision (c)(8) by Public
22002237 9 Act 92-14 apply to persons who retire on or after January
22012238 10 1, 2001, notwithstanding Section 1-103.1.
22022239 11 (9) "Central Management Services security police
22032240 12 officer" means any person employed by the Department of
22042241 13 Central Management Services who is vested with such law
22052242 14 enforcement duties as render him ineligible for coverage
22062243 15 under the Social Security Act by reason of Sections
22072244 16 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
22082245 17 (10) For a member who first became an employee under
22092246 18 this Article before July 1, 2005, the term "security
22102247 19 employee of the Department of Corrections or the
22112248 20 Department of Juvenile Justice" means any employee of the
22122249 21 Department of Corrections or the Department of Juvenile
22132250 22 Justice or the former Department of Personnel, and any
22142251 23 member or employee of the Prisoner Review Board, who has
22152252 24 daily contact with inmates or youth by working within a
22162253 25 correctional facility or Juvenile facility operated by the
22172254 26 Department of Juvenile Justice or who is a parole officer
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22282265 1 or an employee who has direct contact with committed
22292266 2 persons in the performance of his or her job duties. For a
22302267 3 member who first becomes an employee under this Article on
22312268 4 or after July 1, 2005, the term means an employee of the
22322269 5 Department of Corrections or the Department of Juvenile
22332270 6 Justice who is any of the following: (i) officially
22342271 7 headquartered at a correctional facility or Juvenile
22352272 8 facility operated by the Department of Juvenile Justice,
22362273 9 (ii) a parole officer, (iii) a member of the apprehension
22372274 10 unit, (iv) a member of the intelligence unit, (v) a member
22382275 11 of the sort team, or (vi) an investigator.
22392276 12 (11) The term "dangerous drugs investigator" means any
22402277 13 person who is employed as such by the Department of Human
22412278 14 Services.
22422279 15 (12) The term "investigator for the Illinois State
22432280 16 Police" means a person employed by the Illinois State
22442281 17 Police who is vested under Section 4 of the Narcotic
22452282 18 Control Division Abolition Act with such law enforcement
22462283 19 powers as render him ineligible for coverage under the
22472284 20 Social Security Act by reason of Sections 218(d)(5)(A),
22482285 21 218(d)(8)(D) and 218(l)(1) of that Act.
22492286 22 (13) "Investigator for the Office of the Attorney
22502287 23 General" means any person who is employed as such by the
22512288 24 Office of the Attorney General and is vested with such
22522289 25 investigative duties as render him ineligible for coverage
22532290 26 under the Social Security Act by reason of Sections
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22642301 1 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
22652302 2 the period before January 1, 1989, the term includes all
22662303 3 persons who were employed as investigators by the Office
22672304 4 of the Attorney General, without regard to social security
22682305 5 status.
22692306 6 (14) "Controlled substance inspector" means any person
22702307 7 who is employed as such by the Department of Professional
22712308 8 Regulation and is vested with such law enforcement duties
22722309 9 as render him ineligible for coverage under the Social
22732310 10 Security Act by reason of Sections 218(d)(5)(A),
22742311 11 218(d)(8)(D) and 218(l)(1) of that Act. The term
22752312 12 "controlled substance inspector" includes the Program
22762313 13 Executive of Enforcement and the Assistant Program
22772314 14 Executive of Enforcement.
22782315 15 (15) The term "investigator for the Office of the
22792316 16 State's Attorneys Appellate Prosecutor" means a person
22802317 17 employed in that capacity on a full-time basis under the
22812318 18 authority of Section 7.06 of the State's Attorneys
22822319 19 Appellate Prosecutor's Act.
22832320 20 (16) "Commerce Commission police officer" means any
22842321 21 person employed by the Illinois Commerce Commission who is
22852322 22 vested with such law enforcement duties as render him
22862323 23 ineligible for coverage under the Social Security Act by
22872324 24 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
22882325 25 218(l)(1) of that Act.
22892326 26 (17) "Arson investigator" means any person who is
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23002337 1 employed as such by the Office of the State Fire Marshal
23012338 2 and is vested with such law enforcement duties as render
23022339 3 the person ineligible for coverage under the Social
23032340 4 Security Act by reason of Sections 218(d)(5)(A),
23042341 5 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
23052342 6 employed as an arson investigator on January 1, 1995 and
23062343 7 is no longer in service but not yet receiving a retirement
23072344 8 annuity may convert his or her creditable service for
23082345 9 employment as an arson investigator into eligible
23092346 10 creditable service by paying to the System the difference
23102347 11 between the employee contributions actually paid for that
23112348 12 service and the amounts that would have been contributed
23122349 13 if the applicant were contributing at the rate applicable
23132350 14 to persons with the same social security status earning
23142351 15 eligible creditable service on the date of application.
23152352 16 (18) The term "State highway maintenance worker" means
23162353 17 a person who is either of the following:
23172354 18 (i) A person employed on a full-time basis by the
23182355 19 Illinois Department of Transportation in the position
23192356 20 of highway maintainer, highway maintenance lead
23202357 21 worker, highway maintenance lead/lead worker, sign
23212358 22 hanger, sign hanger foreman, heavy construction
23222359 23 equipment operator, power shovel operator, or bridge
23232360 24 mechanic; and whose principal responsibility is to
23242361 25 perform, on the roadway, the actual maintenance
23252362 26 necessary to keep the highways that form a part of the
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23362373 1 State highway system in serviceable condition for
23372374 2 vehicular traffic.
23382375 3 (ii) A person employed on a full-time basis by the
23392376 4 Illinois State Toll Highway Authority in the position
23402377 5 of equipment operator/laborer H-4, equipment
23412378 6 operator/laborer H-6, welder H-4, welder H-6,
23422379 7 mechanical/electrical H-4, mechanical/electrical H-6,
23432380 8 water/sewer H-4, water/sewer H-6, sign maker/hanger
23442381 9 H-4, sign maker/hanger H-6, roadway lighting H-4,
23452382 10 roadway lighting H-6, structural H-4, structural H-6,
23462383 11 painter H-4, or painter H-6; and whose principal
23472384 12 responsibility is to perform, on the roadway, the
23482385 13 actual maintenance necessary to keep the Authority's
23492386 14 tollways in serviceable condition for vehicular
23502387 15 traffic.
23512388 16 The changes to this item (18) made by this amendatory
23522389 17 Act of the 103rd General Assembly apply without regard to
23532390 18 whether the member was in service on or after its
23542391 19 effective date, but do not entitle any person to
23552392 20 recalculation of any pension or other benefit already
23562393 21 granted.
23572394 22 (19) The term "security employee of the Department of
23582395 23 Innovation and Technology" means a person who was a
23592396 24 security employee of the Department of Corrections or the
23602397 25 Department of Juvenile Justice, was transferred to the
23612398 26 Department of Innovation and Technology pursuant to
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23722409 1 Executive Order 2016-01, and continues to perform similar
23732410 2 job functions under that Department.
23742411 3 (20) "Transferred employee" means an employee who was
23752412 4 transferred to the Department of Central Management
23762413 5 Services by Executive Order No. 2003-10 or Executive Order
23772414 6 No. 2004-2 or transferred to the Department of Innovation
23782415 7 and Technology by Executive Order No. 2016-1, or both, and
23792416 8 was entitled to eligible creditable service for services
23802417 9 immediately preceding the transfer.
23812418 10 (d) A security employee of the Department of Corrections
23822419 11 or the Department of Juvenile Justice, a security employee of
23832420 12 the Department of Human Services who is not a mental health
23842421 13 police officer, and a security employee of the Department of
23852422 14 Innovation and Technology shall not be eligible for the
23862423 15 alternative retirement annuity provided by this Section unless
23872424 16 he or she meets the following minimum age and service
23882425 17 requirements at the time of retirement:
23892426 18 (i) 25 years of eligible creditable service and age
23902427 19 55; or
23912428 20 (ii) beginning January 1, 1987, 25 years of eligible
23922429 21 creditable service and age 54, or 24 years of eligible
23932430 22 creditable service and age 55; or
23942431 23 (iii) beginning January 1, 1988, 25 years of eligible
23952432 24 creditable service and age 53, or 23 years of eligible
23962433 25 creditable service and age 55; or
23972434 26 (iv) beginning January 1, 1989, 25 years of eligible
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24082445 1 creditable service and age 52, or 22 years of eligible
24092446 2 creditable service and age 55; or
24102447 3 (v) beginning January 1, 1990, 25 years of eligible
24112448 4 creditable service and age 51, or 21 years of eligible
24122449 5 creditable service and age 55; or
24132450 6 (vi) beginning January 1, 1991, 25 years of eligible
24142451 7 creditable service and age 50, or 20 years of eligible
24152452 8 creditable service and age 55.
24162453 9 Persons who have service credit under Article 16 of this
24172454 10 Code for service as a security employee of the Department of
24182455 11 Corrections or the Department of Juvenile Justice, or the
24192456 12 Department of Human Services in a position requiring
24202457 13 certification as a teacher may count such service toward
24212458 14 establishing their eligibility under the service requirements
24222459 15 of this Section; but such service may be used only for
24232460 16 establishing such eligibility, and not for the purpose of
24242461 17 increasing or calculating any benefit.
24252462 18 (e) If a member enters military service while working in a
24262463 19 position in which eligible creditable service may be earned,
24272464 20 and returns to State service in the same or another such
24282465 21 position, and fulfills in all other respects the conditions
24292466 22 prescribed in this Article for credit for military service,
24302467 23 such military service shall be credited as eligible creditable
24312468 24 service for the purposes of the retirement annuity prescribed
24322469 25 in this Section.
24332470 26 (f) For purposes of calculating retirement annuities under
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24442481 1 this Section, periods of service rendered after December 31,
24452482 2 1968 and before October 1, 1975 as a covered employee in the
24462483 3 position of special agent, conservation police officer, mental
24472484 4 health police officer, or investigator for the Secretary of
24482485 5 State, shall be deemed to have been service as a noncovered
24492486 6 employee, provided that the employee pays to the System prior
24502487 7 to retirement an amount equal to (1) the difference between
24512488 8 the employee contributions that would have been required for
24522489 9 such service as a noncovered employee, and the amount of
24532490 10 employee contributions actually paid, plus (2) if payment is
24542491 11 made after July 31, 1987, regular interest on the amount
24552492 12 specified in item (1) from the date of service to the date of
24562493 13 payment.
24572494 14 For purposes of calculating retirement annuities under
24582495 15 this Section, periods of service rendered after December 31,
24592496 16 1968 and before January 1, 1982 as a covered employee in the
24602497 17 position of investigator for the Department of Revenue shall
24612498 18 be deemed to have been service as a noncovered employee,
24622499 19 provided that the employee pays to the System prior to
24632500 20 retirement an amount equal to (1) the difference between the
24642501 21 employee contributions that would have been required for such
24652502 22 service as a noncovered employee, and the amount of employee
24662503 23 contributions actually paid, plus (2) if payment is made after
24672504 24 January 1, 1990, regular interest on the amount specified in
24682505 25 item (1) from the date of service to the date of payment.
24692506 26 (g) A State policeman may elect, not later than January 1,
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24802517 1 1990, to establish eligible creditable service for up to 10
24812518 2 years of his service as a policeman under Article 3, by filing
24822519 3 a written election with the Board, accompanied by payment of
24832520 4 an amount to be determined by the Board, equal to (i) the
24842521 5 difference between the amount of employee and employer
24852522 6 contributions transferred to the System under Section 3-110.5,
24862523 7 and the amounts that would have been contributed had such
24872524 8 contributions been made at the rates applicable to State
24882525 9 policemen, plus (ii) interest thereon at the effective rate
24892526 10 for each year, compounded annually, from the date of service
24902527 11 to the date of payment.
24912528 12 Subject to the limitation in subsection (i), a State
24922529 13 policeman may elect, not later than July 1, 1993, to establish
24932530 14 eligible creditable service for up to 10 years of his service
24942531 15 as a member of the County Police Department under Article 9, by
24952532 16 filing a written election with the Board, accompanied by
24962533 17 payment of an amount to be determined by the Board, equal to
24972534 18 (i) the difference between the amount of employee and employer
24982535 19 contributions transferred to the System under Section 9-121.10
24992536 20 and the amounts that would have been contributed had those
25002537 21 contributions been made at the rates applicable to State
25012538 22 policemen, plus (ii) interest thereon at the effective rate
25022539 23 for each year, compounded annually, from the date of service
25032540 24 to the date of payment.
25042541 25 (h) Subject to the limitation in subsection (i), a State
25052542 26 policeman or investigator for the Secretary of State may elect
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25162553 1 to establish eligible creditable service for up to 12 years of
25172554 2 his service as a policeman under Article 5, by filing a written
25182555 3 election with the Board on or before January 31, 1992, and
25192556 4 paying to the System by January 31, 1994 an amount to be
25202557 5 determined by the Board, equal to (i) the difference between
25212558 6 the amount of employee and employer contributions transferred
25222559 7 to the System under Section 5-236, and the amounts that would
25232560 8 have been contributed had such contributions been made at the
25242561 9 rates applicable to State policemen, plus (ii) interest
25252562 10 thereon at the effective rate for each year, compounded
25262563 11 annually, from the date of service to the date of payment.
25272564 12 Subject to the limitation in subsection (i), a State
25282565 13 policeman, conservation police officer, or investigator for
25292566 14 the Secretary of State may elect to establish eligible
25302567 15 creditable service for up to 10 years of service as a sheriff's
25312568 16 law enforcement employee under Article 7, by filing a written
25322569 17 election with the Board on or before January 31, 1993, and
25332570 18 paying to the System by January 31, 1994 an amount to be
25342571 19 determined by the Board, equal to (i) the difference between
25352572 20 the amount of employee and employer contributions transferred
25362573 21 to the System under Section 7-139.7, and the amounts that
25372574 22 would have been contributed had such contributions been made
25382575 23 at the rates applicable to State policemen, plus (ii) interest
25392576 24 thereon at the effective rate for each year, compounded
25402577 25 annually, from the date of service to the date of payment.
25412578 26 Subject to the limitation in subsection (i), a State
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25522589 1 policeman, conservation police officer, or investigator for
25532590 2 the Secretary of State may elect to establish eligible
25542591 3 creditable service for up to 5 years of service as a police
25552592 4 officer under Article 3, a policeman under Article 5, a
25562593 5 sheriff's law enforcement employee under Article 7, a member
25572594 6 of the county police department under Article 9, or a police
25582595 7 officer under Article 15 by filing a written election with the
25592596 8 Board and paying to the System an amount to be determined by
25602597 9 the Board, equal to (i) the difference between the amount of
25612598 10 employee and employer contributions transferred to the System
25622599 11 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
25632600 12 and the amounts that would have been contributed had such
25642601 13 contributions been made at the rates applicable to State
25652602 14 policemen, plus (ii) interest thereon at the effective rate
25662603 15 for each year, compounded annually, from the date of service
25672604 16 to the date of payment.
25682605 17 Subject to the limitation in subsection (i), an
25692606 18 investigator for the Office of the Attorney General, or an
25702607 19 investigator for the Department of Revenue, may elect to
25712608 20 establish eligible creditable service for up to 5 years of
25722609 21 service as a police officer under Article 3, a policeman under
25732610 22 Article 5, a sheriff's law enforcement employee under Article
25742611 23 7, or a member of the county police department under Article 9
25752612 24 by filing a written election with the Board within 6 months
25762613 25 after August 25, 2009 (the effective date of Public Act
25772614 26 96-745) and paying to the System an amount to be determined by
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2623+HB5261- 73 -LRB103 38573 RPS 68709 b HB5261 - 73 - LRB103 38573 RPS 68709 b
2624+ HB5261 - 73 - LRB103 38573 RPS 68709 b
25882625 1 the Board, equal to (i) the difference between the amount of
25892626 2 employee and employer contributions transferred to the System
25902627 3 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
25912628 4 amounts that would have been contributed had such
25922629 5 contributions been made at the rates applicable to State
25932630 6 policemen, plus (ii) interest thereon at the actuarially
25942631 7 assumed rate for each year, compounded annually, from the date
25952632 8 of service to the date of payment.
25962633 9 Subject to the limitation in subsection (i), a State
25972634 10 policeman, conservation police officer, investigator for the
25982635 11 Office of the Attorney General, an investigator for the
25992636 12 Department of Revenue, or investigator for the Secretary of
26002637 13 State may elect to establish eligible creditable service for
26012638 14 up to 5 years of service as a person employed by a
26022639 15 participating municipality to perform police duties, or law
26032640 16 enforcement officer employed on a full-time basis by a forest
26042641 17 preserve district under Article 7, a county corrections
26052642 18 officer, or a court services officer under Article 9, by
26062643 19 filing a written election with the Board within 6 months after
26072644 20 August 25, 2009 (the effective date of Public Act 96-745) and
26082645 21 paying to the System an amount to be determined by the Board,
26092646 22 equal to (i) the difference between the amount of employee and
26102647 23 employer contributions transferred to the System under
26112648 24 Sections 7-139.8 and 9-121.10 and the amounts that would have
26122649 25 been contributed had such contributions been made at the rates
26132650 26 applicable to State policemen, plus (ii) interest thereon at
26142651
26152652
26162653
26172654
26182655
2619- HB5261 Engrossed - 73 - LRB103 38573 RPS 68709 b
2620-
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2656+ HB5261 - 73 - LRB103 38573 RPS 68709 b
2657+
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2659+HB5261- 74 -LRB103 38573 RPS 68709 b HB5261 - 74 - LRB103 38573 RPS 68709 b
2660+ HB5261 - 74 - LRB103 38573 RPS 68709 b
26242661 1 the actuarially assumed rate for each year, compounded
26252662 2 annually, from the date of service to the date of payment.
26262663 3 Subject to the limitation in subsection (i), a State
26272664 4 policeman, arson investigator, or Commerce Commission police
26282665 5 officer may elect to establish eligible creditable service for
26292666 6 up to 5 years of service as a person employed by a
26302667 7 participating municipality to perform police duties under
26312668 8 Article 7, a county corrections officer, a court services
26322669 9 officer under Article 9, or a firefighter under Article 4 by
26332670 10 filing a written election with the Board within 6 months after
26342671 11 July 30, 2021 (the effective date of Public Act 102-210) and
26352672 12 paying to the System an amount to be determined by the Board
26362673 13 equal to (i) the difference between the amount of employee and
26372674 14 employer contributions transferred to the System under
26382675 15 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
26392676 16 would have been contributed had such contributions been made
26402677 17 at the rates applicable to State policemen, plus (ii) interest
26412678 18 thereon at the actuarially assumed rate for each year,
26422679 19 compounded annually, from the date of service to the date of
26432680 20 payment.
26442681 21 Subject to the limitation in subsection (i), a
26452682 22 conservation police officer may elect to establish eligible
26462683 23 creditable service for up to 5 years of service as a person
26472684 24 employed by a participating municipality to perform police
26482685 25 duties under Article 7, a county corrections officer, or a
26492686 26 court services officer under Article 9 by filing a written
26502687
26512688
26522689
26532690
26542691
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2656-
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2659- HB5261 Engrossed - 75 - LRB103 38573 RPS 68709 b
2692+ HB5261 - 74 - LRB103 38573 RPS 68709 b
2693+
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2696+ HB5261 - 75 - LRB103 38573 RPS 68709 b
26602697 1 election with the Board within 6 months after July 30, 2021
26612698 2 (the effective date of Public Act 102-210) and paying to the
26622699 3 System an amount to be determined by the Board equal to (i) the
26632700 4 difference between the amount of employee and employer
26642701 5 contributions transferred to the System under Sections 7-139.8
26652702 6 and 9-121.10 and the amounts that would have been contributed
26662703 7 had such contributions been made at the rates applicable to
26672704 8 State policemen, plus (ii) interest thereon at the actuarially
26682705 9 assumed rate for each year, compounded annually, from the date
26692706 10 of service to the date of payment.
26702707 11 Notwithstanding the limitation in subsection (i), a State
26712708 12 policeman or conservation police officer may elect to convert
26722709 13 service credit earned under this Article to eligible
26732710 14 creditable service, as defined by this Section, by filing a
26742711 15 written election with the board within 6 months after July 30,
26752712 16 2021 (the effective date of Public Act 102-210) and paying to
26762713 17 the System an amount to be determined by the Board equal to (i)
26772714 18 the difference between the amount of employee contributions
26782715 19 originally paid for that service and the amounts that would
26792716 20 have been contributed had such contributions been made at the
26802717 21 rates applicable to State policemen, plus (ii) the difference
26812718 22 between the employer's normal cost of the credit prior to the
26822719 23 conversion authorized by Public Act 102-210 and the employer's
26832720 24 normal cost of the credit converted in accordance with Public
26842721 25 Act 102-210, plus (iii) interest thereon at the actuarially
26852722 26 assumed rate for each year, compounded annually, from the date
26862723
26872724
26882725
26892726
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2728+ HB5261 - 75 - LRB103 38573 RPS 68709 b
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2732+ HB5261 - 76 - LRB103 38573 RPS 68709 b
26962733 1 of service to the date of payment.
26972734 2 (i) The total amount of eligible creditable service
26982735 3 established by any person under subsections (g), (h), (j),
26992736 4 (k), (l), (l-5), (o), and (p) of this Section shall not exceed
27002737 5 12 years.
27012738 6 (j) Subject to the limitation in subsection (i), an
27022739 7 investigator for the Office of the State's Attorneys Appellate
27032740 8 Prosecutor or a controlled substance inspector may elect to
27042741 9 establish eligible creditable service for up to 10 years of
27052742 10 his service as a policeman under Article 3 or a sheriff's law
27062743 11 enforcement employee under Article 7, by filing a written
27072744 12 election with the Board, accompanied by payment of an amount
27082745 13 to be determined by the Board, equal to (1) the difference
27092746 14 between the amount of employee and employer contributions
27102747 15 transferred to the System under Section 3-110.6 or 7-139.8,
27112748 16 and the amounts that would have been contributed had such
27122749 17 contributions been made at the rates applicable to State
27132750 18 policemen, plus (2) interest thereon at the effective rate for
27142751 19 each year, compounded annually, from the date of service to
27152752 20 the date of payment.
27162753 21 (k) Subject to the limitation in subsection (i) of this
27172754 22 Section, an alternative formula employee may elect to
27182755 23 establish eligible creditable service for periods spent as a
27192756 24 full-time law enforcement officer or full-time corrections
27202757 25 officer employed by the federal government or by a state or
27212758 26 local government located outside of Illinois, for which credit
27222759
27232760
27242761
27252762
27262763
2727- HB5261 Engrossed - 76 - LRB103 38573 RPS 68709 b
2728-
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2730-HB5261 Engrossed- 77 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 77 - LRB103 38573 RPS 68709 b
2731- HB5261 Engrossed - 77 - LRB103 38573 RPS 68709 b
2764+ HB5261 - 76 - LRB103 38573 RPS 68709 b
2765+
2766+
2767+HB5261- 77 -LRB103 38573 RPS 68709 b HB5261 - 77 - LRB103 38573 RPS 68709 b
2768+ HB5261 - 77 - LRB103 38573 RPS 68709 b
27322769 1 is not held in any other public employee pension fund or
27332770 2 retirement system. To obtain this credit, the applicant must
27342771 3 file a written application with the Board by March 31, 1998,
27352772 4 accompanied by evidence of eligibility acceptable to the Board
27362773 5 and payment of an amount to be determined by the Board, equal
27372774 6 to (1) employee contributions for the credit being
27382775 7 established, based upon the applicant's salary on the first
27392776 8 day as an alternative formula employee after the employment
27402777 9 for which credit is being established and the rates then
27412778 10 applicable to alternative formula employees, plus (2) an
27422779 11 amount determined by the Board to be the employer's normal
27432780 12 cost of the benefits accrued for the credit being established,
27442781 13 plus (3) regular interest on the amounts in items (1) and (2)
27452782 14 from the first day as an alternative formula employee after
27462783 15 the employment for which credit is being established to the
27472784 16 date of payment.
27482785 17 (l) Subject to the limitation in subsection (i), a
27492786 18 security employee of the Department of Corrections may elect,
27502787 19 not later than July 1, 1998, to establish eligible creditable
27512788 20 service for up to 10 years of his or her service as a policeman
27522789 21 under Article 3, by filing a written election with the Board,
27532790 22 accompanied by payment of an amount to be determined by the
27542791 23 Board, equal to (i) the difference between the amount of
27552792 24 employee and employer contributions transferred to the System
27562793 25 under Section 3-110.5, and the amounts that would have been
27572794 26 contributed had such contributions been made at the rates
27582795
27592796
27602797
27612798
27622799
2763- HB5261 Engrossed - 77 - LRB103 38573 RPS 68709 b
2764-
2765-
2766-HB5261 Engrossed- 78 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 78 - LRB103 38573 RPS 68709 b
2767- HB5261 Engrossed - 78 - LRB103 38573 RPS 68709 b
2800+ HB5261 - 77 - LRB103 38573 RPS 68709 b
2801+
2802+
2803+HB5261- 78 -LRB103 38573 RPS 68709 b HB5261 - 78 - LRB103 38573 RPS 68709 b
2804+ HB5261 - 78 - LRB103 38573 RPS 68709 b
27682805 1 applicable to security employees of the Department of
27692806 2 Corrections, plus (ii) interest thereon at the effective rate
27702807 3 for each year, compounded annually, from the date of service
27712808 4 to the date of payment.
27722809 5 (l-5) Subject to the limitation in subsection (i) of this
27732810 6 Section, a State policeman may elect to establish eligible
27742811 7 creditable service for up to 5 years of service as a full-time
27752812 8 law enforcement officer employed by the federal government or
27762813 9 by a state or local government located outside of Illinois for
27772814 10 which credit is not held in any other public employee pension
27782815 11 fund or retirement system. To obtain this credit, the
27792816 12 applicant must file a written application with the Board no
27802817 13 later than 3 years after January 1, 2020 (the effective date of
27812818 14 Public Act 101-610), accompanied by evidence of eligibility
27822819 15 acceptable to the Board and payment of an amount to be
27832820 16 determined by the Board, equal to (1) employee contributions
27842821 17 for the credit being established, based upon the applicant's
27852822 18 salary on the first day as an alternative formula employee
27862823 19 after the employment for which credit is being established and
27872824 20 the rates then applicable to alternative formula employees,
27882825 21 plus (2) an amount determined by the Board to be the employer's
27892826 22 normal cost of the benefits accrued for the credit being
27902827 23 established, plus (3) regular interest on the amounts in items
27912828 24 (1) and (2) from the first day as an alternative formula
27922829 25 employee after the employment for which credit is being
27932830 26 established to the date of payment.
27942831
27952832
27962833
27972834
27982835
2799- HB5261 Engrossed - 78 - LRB103 38573 RPS 68709 b
2800-
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2803- HB5261 Engrossed - 79 - LRB103 38573 RPS 68709 b
2836+ HB5261 - 78 - LRB103 38573 RPS 68709 b
2837+
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2839+HB5261- 79 -LRB103 38573 RPS 68709 b HB5261 - 79 - LRB103 38573 RPS 68709 b
2840+ HB5261 - 79 - LRB103 38573 RPS 68709 b
28042841 1 (m) The amendatory changes to this Section made by Public
28052842 2 Act 94-696 apply only to: (1) security employees of the
28062843 3 Department of Juvenile Justice employed by the Department of
28072844 4 Corrections before June 1, 2006 (the effective date of Public
28082845 5 Act 94-696) and transferred to the Department of Juvenile
28092846 6 Justice by Public Act 94-696; and (2) persons employed by the
28102847 7 Department of Juvenile Justice on or after June 1, 2006 (the
28112848 8 effective date of Public Act 94-696) who are required by
28122849 9 subsection (b) of Section 3-2.5-15 of the Unified Code of
28132850 10 Corrections to have any bachelor's or advanced degree from an
28142851 11 accredited college or university or, in the case of persons
28152852 12 who provide vocational training, who are required to have
28162853 13 adequate knowledge in the skill for which they are providing
28172854 14 the vocational training.
28182855 15 (n) A person employed in a position under subsection (b)
28192856 16 of this Section who has purchased service credit under
28202857 17 subsection (j) of Section 14-104 or subsection (b) of Section
28212858 18 14-105 in any other capacity under this Article may convert up
28222859 19 to 5 years of that service credit into service credit covered
28232860 20 under this Section by paying to the Fund an amount equal to (1)
28242861 21 the additional employee contribution required under Section
28252862 22 14-133, plus (2) the additional employer contribution required
28262863 23 under Section 14-131, plus (3) interest on items (1) and (2) at
28272864 24 the actuarially assumed rate from the date of the service to
28282865 25 the date of payment.
28292866 26 (o) Subject to the limitation in subsection (i), a
28302867
28312868
28322869
28332870
28342871
2835- HB5261 Engrossed - 79 - LRB103 38573 RPS 68709 b
2836-
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2838-HB5261 Engrossed- 80 -LRB103 38573 RPS 68709 b HB5261 Engrossed - 80 - LRB103 38573 RPS 68709 b
2839- HB5261 Engrossed - 80 - LRB103 38573 RPS 68709 b
2872+ HB5261 - 79 - LRB103 38573 RPS 68709 b
2873+
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2875+HB5261- 80 -LRB103 38573 RPS 68709 b HB5261 - 80 - LRB103 38573 RPS 68709 b
2876+ HB5261 - 80 - LRB103 38573 RPS 68709 b
28402877 1 conservation police officer, investigator for the Secretary of
28412878 2 State, Commerce Commission police officer, investigator for
28422879 3 the Department of Revenue or the Illinois Gaming Board, or
28432880 4 arson investigator subject to subsection (g) of Section 1-160
28442881 5 may elect to convert up to 8 years of service credit
28452882 6 established before January 1, 2020 (the effective date of
28462883 7 Public Act 101-610) as a conservation police officer,
28472884 8 investigator for the Secretary of State, Commerce Commission
28482885 9 police officer, investigator for the Department of Revenue or
28492886 10 the Illinois Gaming Board, or arson investigator under this
28502887 11 Article into eligible creditable service by filing a written
28512888 12 election with the Board no later than one year after January 1,
28522889 13 2020 (the effective date of Public Act 101-610), accompanied
28532890 14 by payment of an amount to be determined by the Board equal to
28542891 15 (i) the difference between the amount of the employee
28552892 16 contributions actually paid for that service and the amount of
28562893 17 the employee contributions that would have been paid had the
28572894 18 employee contributions been made as a noncovered employee
28582895 19 serving in a position in which eligible creditable service, as
28592896 20 defined in this Section, may be earned, plus (ii) interest
28602897 21 thereon at the effective rate for each year, compounded
28612898 22 annually, from the date of service to the date of payment.
28622899 23 (p) Subject to the limitation in subsection (i), an
28632900 24 investigator for the Office of the Attorney General subject to
28642901 25 subsection (g) of Section 1-160 may elect to convert up to 8
28652902 26 years of service credit established before the effective date
28662903
28672904
28682905
28692906
28702907
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2872-
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2875- HB5261 Engrossed - 81 - LRB103 38573 RPS 68709 b
2908+ HB5261 - 80 - LRB103 38573 RPS 68709 b
2909+
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2912+ HB5261 - 81 - LRB103 38573 RPS 68709 b
28762913 1 of this amendatory Act of the 102nd General Assembly as an
28772914 2 investigator for the Office of the Attorney General under this
28782915 3 Article into eligible creditable service by filing a written
28792916 4 election with the Board no later than one year after the
28802917 5 effective date of this amendatory Act of the 102nd General
28812918 6 Assembly, accompanied by payment of an amount to be determined
28822919 7 by the Board equal to (i) the difference between the amount of
28832920 8 the employee contributions actually paid for that service and
28842921 9 the amount of the employee contributions that would have been
28852922 10 paid had the employee contributions been made as a noncovered
28862923 11 employee serving in a position in which eligible creditable
28872924 12 service, as defined in this Section, may be earned, plus (ii)
28882925 13 interest thereon at the effective rate for each year,
28892926 14 compounded annually, from the date of service to the date of
28902927 15 payment.
28912928 16 (q) A person who is employed on a full-time basis by the
28922929 17 Illinois Department of Transportation in the position of sign
28932930 18 hanger or sign hanger foreman may elect to convert service
28942931 19 credit earned under this Article to eligible creditable
28952932 20 service by filing a written election with the Board and paying
28962933 21 to the System an amount to be determined by the Board equal to
28972934 22 (i) the difference between the amount of employee
28982935 23 contributions originally paid for that service and the amounts
28992936 24 that would have been contributed had such contributions been
29002937 25 made at the rates applicable to State highway maintenance
29012938 26 workers, plus (ii) the difference between the employer's
29022939
29032940
29042941
29052942
29062943
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2908-
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2911- HB5261 Engrossed - 82 - LRB103 38573 RPS 68709 b
2944+ HB5261 - 81 - LRB103 38573 RPS 68709 b
2945+
2946+
2947+HB5261- 82 -LRB103 38573 RPS 68709 b HB5261 - 82 - LRB103 38573 RPS 68709 b
2948+ HB5261 - 82 - LRB103 38573 RPS 68709 b
29122949 1 normal cost of the credit prior to the conversion authorized
29132950 2 by this amendatory Act of the 103rd General Assembly and the
29142951 3 employer's normal cost of the credit converted in accordance
29152952 4 with this amendatory Act of the 103rd General Assembly, plus
29162953 5 (iii) interest thereon at the actuarially assumed rate for
29172954 6 each year, compounded annually, from the date of service to
29182955 7 the date of payment.
29192956 8 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
29202957 9 102-956, eff. 5-27-22; 103-34, eff. 1-1-24.)
29212958 10 (40 ILCS 5/14-152.1)
29222959 11 Sec. 14-152.1. Application and expiration of new benefit
29232960 12 increases.
29242961 13 (a) As used in this Section, "new benefit increase" means
29252962 14 an increase in the amount of any benefit provided under this
29262963 15 Article, or an expansion of the conditions of eligibility for
29272964 16 any benefit under this Article, that results from an amendment
29282965 17 to this Code that takes effect after June 1, 2005 (the
29292966 18 effective date of Public Act 94-4). "New benefit increase",
29302967 19 however, does not include any benefit increase resulting from
29312968 20 the changes made to Article 1 or this Article by Public Act
29322969 21 96-37, Public Act 100-23, Public Act 100-587, Public Act
29332970 22 100-611, Public Act 101-10, Public Act 101-610, Public Act
29342971 23 102-210, Public Act 102-856, Public Act 102-956, or this
29352972 24 amendatory Act of the 103rd General Assembly this amendatory
29362973 25 Act of the 102nd General Assembly.
29372974
29382975
29392976
29402977
29412978
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2943-
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2946- HB5261 Engrossed - 83 - LRB103 38573 RPS 68709 b
2979+ HB5261 - 82 - LRB103 38573 RPS 68709 b
2980+
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2983+ HB5261 - 83 - LRB103 38573 RPS 68709 b
29472984 1 (b) Notwithstanding any other provision of this Code or
29482985 2 any subsequent amendment to this Code, every new benefit
29492986 3 increase is subject to this Section and shall be deemed to be
29502987 4 granted only in conformance with and contingent upon
29512988 5 compliance with the provisions of this Section.
29522989 6 (c) The Public Act enacting a new benefit increase must
29532990 7 identify and provide for payment to the System of additional
29542991 8 funding at least sufficient to fund the resulting annual
29552992 9 increase in cost to the System as it accrues.
29562993 10 Every new benefit increase is contingent upon the General
29572994 11 Assembly providing the additional funding required under this
29582995 12 subsection. The Commission on Government Forecasting and
29592996 13 Accountability shall analyze whether adequate additional
29602997 14 funding has been provided for the new benefit increase and
29612998 15 shall report its analysis to the Public Pension Division of
29622999 16 the Department of Insurance. A new benefit increase created by
29633000 17 a Public Act that does not include the additional funding
29643001 18 required under this subsection is null and void. If the Public
29653002 19 Pension Division determines that the additional funding
29663003 20 provided for a new benefit increase under this subsection is
29673004 21 or has become inadequate, it may so certify to the Governor and
29683005 22 the State Comptroller and, in the absence of corrective action
29693006 23 by the General Assembly, the new benefit increase shall expire
29703007 24 at the end of the fiscal year in which the certification is
29713008 25 made.
29723009 26 (d) Every new benefit increase shall expire 5 years after
29733010
29743011
29753012
29763013
29773014
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2982- HB5261 Engrossed - 84 - LRB103 38573 RPS 68709 b
3015+ HB5261 - 83 - LRB103 38573 RPS 68709 b
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3019+ HB5261 - 84 - LRB103 38573 RPS 68709 b
29833020 1 its effective date or on such earlier date as may be specified
29843021 2 in the language enacting the new benefit increase or provided
29853022 3 under subsection (c). This does not prevent the General
29863023 4 Assembly from extending or re-creating a new benefit increase
29873024 5 by law.
29883025 6 (e) Except as otherwise provided in the language creating
29893026 7 the new benefit increase, a new benefit increase that expires
29903027 8 under this Section continues to apply to persons who applied
29913028 9 and qualified for the affected benefit while the new benefit
29923029 10 increase was in effect and to the affected beneficiaries and
29933030 11 alternate payees of such persons, but does not apply to any
29943031 12 other person, including, without limitation, a person who
29953032 13 continues in service after the expiration date and did not
29963033 14 apply and qualify for the affected benefit while the new
29973034 15 benefit increase was in effect.
29983035 16 (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
29993036 17 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
30003037 18 1-1-23; 102-956, eff. 5-27-22.)
30013038
30023039
30033040
30043041
30053042
3006- HB5261 Engrossed - 84 - LRB103 38573 RPS 68709 b
3043+ HB5261 - 84 - LRB103 38573 RPS 68709 b