Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1692 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1692 Introduced 2/8/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 ILCS 5/3-110.1040 ILCS 5/7-139.14 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.130 ILCS 805/8.47 new Amends the Illinois Pension Code. In provisions authorizing certain persons to transfer service credit from IMRF to a downstate police pension fund, makes technical and combining changes to conform the changes made by Public Act 102-857 and Public Act 102-1061. Removes a restrictive date on the transfer of that service credit. Authorizes investigators for the Secretary of State and conservation police officers to transfer that service credit. In the State Employee Article, provides that beginning on the effective date of the amendatory Act through the end of the 60th month after the effective date of the amendatory Act, a State policeman who earns a retirement annuity equal to the limitation specified under the alternative retirement annuity provisions may elect to begin his or her retirement annuity effective on the month he or she first earned that retirement annuity at the amount so limited or the effective date of the amendatory Act, whichever is later. Provides that a State policeman who makes such an election must first pay to the System an amount equal to the increase in the present value of the future benefits resulting from the State policeman's election to retire in accordance with the provisions. Provides that a State policeman or conservation police officer may elect to convert service credit earned under the Article or, for certain types of service, elect to establish eligible creditable service under the alternative retirement annuity provisions by filing a written election with the board and paying to the System a specified amount. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 27282 RPS 53653 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1692 Introduced 2/8/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 ILCS 5/3-110.1040 ILCS 5/7-139.14 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.130 ILCS 805/8.47 new 40 ILCS 5/3-110.10 40 ILCS 5/7-139.14 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 30 ILCS 805/8.47 new Amends the Illinois Pension Code. In provisions authorizing certain persons to transfer service credit from IMRF to a downstate police pension fund, makes technical and combining changes to conform the changes made by Public Act 102-857 and Public Act 102-1061. Removes a restrictive date on the transfer of that service credit. Authorizes investigators for the Secretary of State and conservation police officers to transfer that service credit. In the State Employee Article, provides that beginning on the effective date of the amendatory Act through the end of the 60th month after the effective date of the amendatory Act, a State policeman who earns a retirement annuity equal to the limitation specified under the alternative retirement annuity provisions may elect to begin his or her retirement annuity effective on the month he or she first earned that retirement annuity at the amount so limited or the effective date of the amendatory Act, whichever is later. Provides that a State policeman who makes such an election must first pay to the System an amount equal to the increase in the present value of the future benefits resulting from the State policeman's election to retire in accordance with the provisions. Provides that a State policeman or conservation police officer may elect to convert service credit earned under the Article or, for certain types of service, elect to establish eligible creditable service under the alternative retirement annuity provisions by filing a written election with the board and paying to the System a specified amount. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 27282 RPS 53653 b LRB103 27282 RPS 53653 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1692 Introduced 2/8/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/3-110.1040 ILCS 5/7-139.14 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.130 ILCS 805/8.47 new 40 ILCS 5/3-110.10 40 ILCS 5/7-139.14 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 30 ILCS 805/8.47 new
4	4	40 ILCS 5/3-110.10
5	5	40 ILCS 5/7-139.14
6	6	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
7	7	40 ILCS 5/14-152.1
8	8	30 ILCS 805/8.47 new
9	9	Amends the Illinois Pension Code. In provisions authorizing certain persons to transfer service credit from IMRF to a downstate police pension fund, makes technical and combining changes to conform the changes made by Public Act 102-857 and Public Act 102-1061. Removes a restrictive date on the transfer of that service credit. Authorizes investigators for the Secretary of State and conservation police officers to transfer that service credit. In the State Employee Article, provides that beginning on the effective date of the amendatory Act through the end of the 60th month after the effective date of the amendatory Act, a State policeman who earns a retirement annuity equal to the limitation specified under the alternative retirement annuity provisions may elect to begin his or her retirement annuity effective on the month he or she first earned that retirement annuity at the amount so limited or the effective date of the amendatory Act, whichever is later. Provides that a State policeman who makes such an election must first pay to the System an amount equal to the increase in the present value of the future benefits resulting from the State policeman's election to retire in accordance with the provisions. Provides that a State policeman or conservation police officer may elect to convert service credit earned under the Article or, for certain types of service, elect to establish eligible creditable service under the alternative retirement annuity provisions by filing a written election with the board and paying to the System a specified amount. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
10	10	LRB103 27282 RPS 53653 b LRB103 27282 RPS 53653 b
11	11	LRB103 27282 RPS 53653 b
12	12	A BILL FOR
13	13	SB1692LRB103 27282 RPS 53653 b SB1692 LRB103 27282 RPS 53653 b
14	14	SB1692 LRB103 27282 RPS 53653 b
15	15	1 AN ACT concerning public employee benefits.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Illinois Pension Code is amended by
19	19	5 changing Sections 3-110.10, 14-110, 7-139.14, and 14-152.1 as
20	20	6 follows:
21	21	7 (40 ILCS 5/3-110.10)
22	22	8 (Text of Section from P.A. 102-857)
23	23	9 Sec. 3-110.10. Transfer from Article 7. Until January 1,
24	24	10 2009, a person may transfer to a fund established under this
25	25	11 Article up to 8 years of creditable service accumulated under
26	26	12 Article 7 of this Code upon payment to the fund of an amount to
27	27	13 be determined by the board, equal to (i) the difference
28	28	14 between the amount of employee and employer contributions
29	29	15 transferred to the fund under Section 7-139.11 and the amounts
30	30	16 that would have been contributed had such contributions been
31	31	17 made at the rates applicable to an employee under this
32	32	18 Article, plus (ii) interest thereon at the actuarially assumed
33	33	19 rate, compounded annually, from the date of service to the
34	34	20 date of payment.
35	35	21 A No later than 6 months after July 23, 2021 (the effective
36	36	22 date of Public Act 102-113), a person may transfer to a fund
37	37	23 established under this Article creditable service accumulated
38	38
39	39
40	40
41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1692 Introduced 2/8/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
42	42	40 ILCS 5/3-110.1040 ILCS 5/7-139.14 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.130 ILCS 805/8.47 new 40 ILCS 5/3-110.10 40 ILCS 5/7-139.14 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 30 ILCS 805/8.47 new
43	43	40 ILCS 5/3-110.10
44	44	40 ILCS 5/7-139.14
45	45	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
46	46	40 ILCS 5/14-152.1
47	47	30 ILCS 805/8.47 new
48	48	Amends the Illinois Pension Code. In provisions authorizing certain persons to transfer service credit from IMRF to a downstate police pension fund, makes technical and combining changes to conform the changes made by Public Act 102-857 and Public Act 102-1061. Removes a restrictive date on the transfer of that service credit. Authorizes investigators for the Secretary of State and conservation police officers to transfer that service credit. In the State Employee Article, provides that beginning on the effective date of the amendatory Act through the end of the 60th month after the effective date of the amendatory Act, a State policeman who earns a retirement annuity equal to the limitation specified under the alternative retirement annuity provisions may elect to begin his or her retirement annuity effective on the month he or she first earned that retirement annuity at the amount so limited or the effective date of the amendatory Act, whichever is later. Provides that a State policeman who makes such an election must first pay to the System an amount equal to the increase in the present value of the future benefits resulting from the State policeman's election to retire in accordance with the provisions. Provides that a State policeman or conservation police officer may elect to convert service credit earned under the Article or, for certain types of service, elect to establish eligible creditable service under the alternative retirement annuity provisions by filing a written election with the board and paying to the System a specified amount. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
49	49	LRB103 27282 RPS 53653 b LRB103 27282 RPS 53653 b
50	50	LRB103 27282 RPS 53653 b
51	51	A BILL FOR
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55	55
56	56
57	57	40 ILCS 5/3-110.10
58	58	40 ILCS 5/7-139.14
59	59	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
60	60	40 ILCS 5/14-152.1
61	61	30 ILCS 805/8.47 new
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63	63
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65	65	LRB103 27282 RPS 53653 b
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80	80	1 under Article 7 of this Code for service as a sheriff's law
81	81	2 enforcement employee, county correctional officer, person
82	82	3 employed by a participating municipality to perform police
83	83	4 duties, or law enforcement officer employed on a full-time
84	84	5 basis by a forest preserve district, person employed by a
85	85	6 participating municipality or instrumentality to perform
86	86	7 administrative duties related to law enforcement, investigator
87	87	8 for the Secretary of State, or conservation police officer
88	88	9 upon payment to the fund of an amount to be determined by the
89	89	10 board, equal to (i) the difference between the amount of
90	90	11 employee and employer contributions transferred to the fund
91	91	12 under Section 7-139.14 and the amounts that would have been
92	92	13 contributed had such contributions been made at the rates
93	93	14 applicable to an employee under this Article, plus (ii)
94	94	15 interest thereon at the actuarially assumed rate, compounded
95	95	16 annually, from the date of service to the date of payment.
96	96	17 No later than 6 months after the effective date of this
97	97	18 amendatory Act of the 102nd General Assembly, a person may
98	98	19 transfer to a fund established under this Article creditable
99	99	20 service accumulated under Article 7 of this Code for service
100	100	21 as a county correctional officer or as a person employed by a
101	101	22 participating municipality to perform administrative duties
102	102	23 related to law enforcement upon payment to the fund of an
103	103	24 amount to be determined by the board, equal to (i) the
104	104	25 difference between the amount of employee and employer
105	105	26 contributions transferred to the fund under Section 7-139.14
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116	116	1 and the amounts that would have been contributed had such
117	117	2 contributions been made at the rates applicable to an employee
118	118	3 under this Article, plus (ii) interest thereon at the
119	119	4 actuarially assumed rate, compounded annually, from the date
120	120	5 of service to the date of payment.
121	121	6 (Source: P.A. 102-113, eff. 7-23-21; 102-857, eff. 5-13-22.)
122	122	7 (Text of Section from P.A. 102-1061)
123	123	8 Sec. 3-110.10. Transfer from Article 7. Until January 1,
124	124	9 2009, a person may transfer to a fund established under this
125	125	10 Article up to 8 years of creditable service accumulated under
126	126	11 Article 7 of this Code upon payment to the fund of an amount to
127	127	12 be determined by the board, equal to (i) the difference
128	128	13 between the amount of employee and employer contributions
129	129	14 transferred to the fund under Section 7-139.11 and the amounts
130	130	15 that would have been contributed had such contributions been
131	131	16 made at the rates applicable to an employee under this
132	132	17 Article, plus (ii) interest thereon at the actuarially assumed
133	133	18 rate, compounded annually, from the date of service to the
134	134	19 date of payment.
135	135	20 A No later than September 30, 2023, a person may transfer
136	136	21 to a fund established under this Article creditable service
137	137	22 accumulated under Article 7 of this Code for service as a
138	138	23 sheriff's law enforcement employee, county correctional
139	139	24 officer, person employed by a participating municipality to
140	140	25 perform police duties, law enforcement officer employed on a
141	141
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151	151	1 full-time basis by a forest preserve district, or person
152	152	2 employed by a participating municipality or instrumentality to
153	153	3 perform administrative duties related to law enforcement,
154	154	4 investigator for the Secretary of State, or conservation
155	155	5 police officer upon payment to the fund of an amount to be
156	156	6 determined by the board, equal to (i) the difference between
157	157	7 the amount of employee and employer contributions transferred
158	158	8 to the fund under Section 7-139.14 and the amounts that would
159	159	9 have been contributed had such contributions been made at the
160	160	10 rates applicable to an employee under this Article, plus (ii)
161	161	11 interest thereon at the actuarially assumed rate, compounded
162	162	12 annually, from the date of service to the date of payment.
163	163	13 (Source: P.A. 102-113, eff. 7-23-21; 102-1061, eff. 1-1-23.)
164	164	14 (40 ILCS 5/7-139.14)
165	165	15 (Text of Section from P.A. 102-857)
166	166	16 Sec. 7-139.14. Transfer to Article 3 pension fund.
167	167	17 (a) An Within 6 months after July 23, 2021 (the effective
168	168	18 date of Public Act 102-113), an active member of a pension fund
169	169	19 established under Article 3 of this Code may apply for
170	170	20 transfer to that Article 3 pension fund of his or her credits
171	171	21 and creditable service accumulated in this Fund for service as
172	172	22 a sheriff's law enforcement employee, county correctional
173	173	23 officer, person employed by a participating municipality to
174	174	24 perform police duties, or law enforcement officer employed on
175	175	25 a full-time basis by a forest preserve district, person
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184	184	SB1692- 5 -LRB103 27282 RPS 53653 b SB1692 - 5 - LRB103 27282 RPS 53653 b
185	185	SB1692 - 5 - LRB103 27282 RPS 53653 b
186	186	1 employed by a participating municipality or instrumentality to
187	187	2 perform administrative duties related to law enforcement,
188	188	3 investigator for the Secretary of State, or conservation
189	189	4 police officer. The creditable service shall be transferred
190	190	5 only upon payment by this Fund to such Article 3 pension fund
191	191	6 of an amount equal to:
192	192	7 (1) the amounts accumulated to the credit of the
193	193	8 applicant for the service to be transferred, including
194	194	9 interest; and
195	195	10 (2) an amount representing employer contributions,
196	196	11 equal to the total amount determined under item (1); and
197	197	12 (3) any interest paid by the applicant to reinstate
198	198	13 such service.
199	199	14 Within 6 months after the effective date of this
200	200	15 amendatory Act of the 102nd General Assembly, an active member
201	201	16 of a pension fund established under Article 3 of this Code may
202	202	17 apply for transfer to that Article 3 pension fund of his or her
203	203	18 credits and creditable service accumulated in this Fund for
204	204	19 service as a county correctional officer or as a person
205	205	20 employed by a participating municipality to perform
206	206	21 administrative duties related to law enforcement. The
207	207	22 creditable service shall be transferred only upon payment by
208	208	23 this Fund to such Article 3 pension fund of an amount equal to:
209	209	24 (1) the amounts accumulated to the credit of the
210	210	25 applicant for the service to be transferred, including
211	211	26 interest; and
212	212
213	213
214	214
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216	216
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222	222	1 (2) an amount representing employer contributions,
223	223	2 equal to the total amount determined under item (1); and
224	224	3 (3) any interest paid by the applicant to reinstate
225	225	4 such service.
226	226	5 Participation in this Fund as to any credits transferred
227	227	6 under this Section shall terminate on the date of transfer.
228	228	7 (b) Notwithstanding any other provision of this Code, any
229	229	8 person applying to transfer service under this Section may
230	230	9 reinstate credits and creditable service terminated upon
231	231	10 receipt of a separation benefit by paying to the Fund the
232	232	11 amount of the separation benefit plus interest thereon at the
233	233	12 actuarially assumed rate of interest to the date of payment.
234	234	13 Such payment must be made within 90 days after notification by
235	235	14 the Fund of the cost of such reinstatement.
236	236	15 (Source: P.A. 102-113, eff. 7-23-21; 102-857, eff. 5-13-22.)
237	237	16 (Text of Section from P.A. 102-1061)
238	238	17 Sec. 7-139.14. Transfer to Article 3 pension fund.
239	239	18 (a) An No later than June 30, 2023, an active member of a
240	240	19 pension fund established under Article 3 of this Code may
241	241	20 apply for transfer to that Article 3 pension fund of his or her
242	242	21 credits and creditable service accumulated in this Fund for
243	243	22 service as a sheriff's law enforcement employee, county
244	244	23 correctional officer, person employed by a participating
245	245	24 municipality to perform police duties, law enforcement officer
246	246	25 employed on a full-time basis by a forest preserve district,
247	247
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249	249
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257	257	1 or person employed by a participating municipality or
258	258	2 instrumentality to perform administrative duties related to
259	259	3 law enforcement, investigator for the Secretary of State, or
260	260	4 conservation police officer. The creditable service shall be
261	261	5 transferred only upon payment by this Fund to such Article 3
262	262	6 pension fund of an amount equal to:
263	263	7 (1) the amounts accumulated to the credit of the
264	264	8 applicant for the service to be transferred, including
265	265	9 interest; and
266	266	10 (2) an amount representing employer contributions,
267	267	11 equal to the total amount determined under item (1); and
268	268	12 (3) any interest paid by the applicant to reinstate
269	269	13 such service.
270	270	14 Participation in this Fund as to any credits transferred
271	271	15 under this Section shall terminate on the date of transfer.
272	272	16 (b) Notwithstanding any other provision of this Code, any
273	273	17 person applying to transfer service under this Section may
274	274	18 reinstate credits and creditable service terminated upon
275	275	19 receipt of a separation benefit by paying to the Fund the
276	276	20 amount of the separation benefit plus interest thereon at the
277	277	21 actuarially assumed rate of interest to the date of payment.
278	278	22 Such payment must be made within 90 60 days after notification
279	279	23 by the Fund of the cost of such reinstatement.
280	280	24 (Source: P.A. 102-113, eff. 7-23-21; 102-1061, eff. 1-1-23.)
281	281	25 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
282	282
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292	292	1 (Text of Section from P.A. 102-813)
293	293	2 Sec. 14-110. Alternative retirement annuity.
294	294	3 (a) Any member who has withdrawn from service with not
295	295	4 less than 20 years of eligible creditable service and has
296	296	5 attained age 55, and any member who has withdrawn from service
297	297	6 with not less than 25 years of eligible creditable service and
298	298	7 has attained age 50, regardless of whether the attainment of
299	299	8 either of the specified ages occurs while the member is still
300	300	9 in service, shall be entitled to receive at the option of the
301	301	10 member, in lieu of the regular or minimum retirement annuity,
302	302	11 a retirement annuity computed as follows:
303	303	12 (i) for periods of service as a noncovered employee:
304	304	13 if retirement occurs on or after January 1, 2001, 3% of
305	305	14 final average compensation for each year of creditable
306	306	15 service; if retirement occurs before January 1, 2001, 2
307	307	16 1/4% of final average compensation for each of the first
308	308	17 10 years of creditable service, 2 1/2% for each year above
309	309	18 10 years to and including 20 years of creditable service,
310	310	19 and 2 3/4% for each year of creditable service above 20
311	311	20 years; and
312	312	21 (ii) for periods of eligible creditable service as a
313	313	22 covered employee: if retirement occurs on or after January
314	314	23 1, 2001, 2.5% of final average compensation for each year
315	315	24 of creditable service; if retirement occurs before January
316	316	25 1, 2001, 1.67% of final average compensation for each of
317	317	26 the first 10 years of such service, 1.90% for each of the
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328	328	1 next 10 years of such service, 2.10% for each year of such
329	329	2 service in excess of 20 but not exceeding 30, and 2.30% for
330	330	3 each year in excess of 30.
331	331	4 Such annuity shall be subject to a maximum of 75% of final
332	332	5 average compensation if retirement occurs before January 1,
333	333	6 2001 or to a maximum of 80% of final average compensation if
334	334	7 retirement occurs on or after January 1, 2001.
335	335	8 These rates shall not be applicable to any service
336	336	9 performed by a member as a covered employee which is not
337	337	10 eligible creditable service. Service as a covered employee
338	338	11 which is not eligible creditable service shall be subject to
339	339	12 the rates and provisions of Section 14-108.
340	340	13 (a-5) Notwithstanding the applicable age eligibility
341	341	14 requirements of subsection (a) of this Section, beginning on
342	342	15 the effective date of this amendatory Act of the 103rd General
343	343	16 Assembly through the end of the 60th month after the effective
344	344	17 date of this amendatory Act of the 103rd General Assembly, a
345	345	18 State policeman who earns a retirement annuity equal to the
346	346	19 limitation specified under subsection (a) of this Section, may
347	347	20 elect to begin his or her retirement annuity effective on the
348	348	21 month he or she first earned that retirement annuity at the
349	349	22 amount so limited or the effective date of this amendatory Act
350	350	23 of the 103rd General Assembly, whichever is later. A State
351	351	24 policeman who elects to retire under the provisions of this
352	352	25 subsection must first pay to the System an amount equal to the
353	353	26 increase in the present value of the future benefits resulting
354	354
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364	364	1 from the State policeman's election to retire in accordance
365	365	2 with this subsection.
366	366	3 (b) For the purpose of this Section, "eligible creditable
367	367	4 service" means creditable service resulting from service in
368	368	5 one or more of the following positions:
369	369	6 (1) State policeman;
370	370	7 (2) fire fighter in the fire protection service of a
371	371	8 department;
372	372	9 (3) air pilot;
373	373	10 (4) special agent;
374	374	11 (5) investigator for the Secretary of State;
375	375	12 (6) conservation police officer;
376	376	13 (7) investigator for the Department of Revenue or the
377	377	14 Illinois Gaming Board;
378	378	15 (8) security employee of the Department of Human
379	379	16 Services;
380	380	17 (9) Central Management Services security police
381	381	18 officer;
382	382	19 (10) security employee of the Department of
383	383	20 Corrections or the Department of Juvenile Justice;
384	384	21 (11) dangerous drugs investigator;
385	385	22 (12) investigator for the Illinois State Police;
386	386	23 (13) investigator for the Office of the Attorney
387	387	24 General;
388	388	25 (14) controlled substance inspector;
389	389	26 (15) investigator for the Office of the State's
390	390
391	391
392	392
393	393
394	394
395	395	SB1692 - 10 - LRB103 27282 RPS 53653 b
396	396
397	397
398	398	SB1692- 11 -LRB103 27282 RPS 53653 b SB1692 - 11 - LRB103 27282 RPS 53653 b
399	399	SB1692 - 11 - LRB103 27282 RPS 53653 b
400	400	1 Attorneys Appellate Prosecutor;
401	401	2 (16) Commerce Commission police officer;
402	402	3 (17) arson investigator;
403	403	4 (18) State highway maintenance worker;
404	404	5 (19) security employee of the Department of Innovation
405	405	6 and Technology; or
406	406	7 (20) transferred employee.
407	407	8 A person employed in one of the positions specified in
408	408	9 this subsection is entitled to eligible creditable service for
409	409	10 service credit earned under this Article while undergoing the
410	410	11 basic police training course approved by the Illinois Law
411	411	12 Enforcement Training Standards Board, if completion of that
412	412	13 training is required of persons serving in that position. For
413	413	14 the purposes of this Code, service during the required basic
414	414	15 police training course shall be deemed performance of the
415	415	16 duties of the specified position, even though the person is
416	416	17 not a sworn peace officer at the time of the training.
417	417	18 A person under paragraph (20) is entitled to eligible
418	418	19 creditable service for service credit earned under this
419	419	20 Article on and after his or her transfer by Executive Order No.
420	420	21 2003-10, Executive Order No. 2004-2, or Executive Order No.
421	421	22 2016-1.
422	422	23 (c) For the purposes of this Section:
423	423	24 (1) The term "State policeman" includes any title or
424	424	25 position in the Illinois State Police that is held by an
425	425	26 individual employed under the Illinois State Police Act.
426	426
427	427
428	428
429	429
430	430
431	431	SB1692 - 11 - LRB103 27282 RPS 53653 b
432	432
433	433
434	434	SB1692- 12 -LRB103 27282 RPS 53653 b SB1692 - 12 - LRB103 27282 RPS 53653 b
435	435	SB1692 - 12 - LRB103 27282 RPS 53653 b
436	436	1 (2) The term "fire fighter in the fire protection
437	437	2 service of a department" includes all officers in such
438	438	3 fire protection service including fire chiefs and
439	439	4 assistant fire chiefs.
440	440	5 (3) The term "air pilot" includes any employee whose
441	441	6 official job description on file in the Department of
442	442	7 Central Management Services, or in the department by which
443	443	8 he is employed if that department is not covered by the
444	444	9 Personnel Code, states that his principal duty is the
445	445	10 operation of aircraft, and who possesses a pilot's
446	446	11 license; however, the change in this definition made by
447	447	12 Public Act 83-842 shall not operate to exclude any
448	448	13 noncovered employee who was an "air pilot" for the
449	449	14 purposes of this Section on January 1, 1984.
450	450	15 (4) The term "special agent" means any person who by
451	451	16 reason of employment by the Division of Narcotic Control,
452	452	17 the Bureau of Investigation or, after July 1, 1977, the
453	453	18 Division of Criminal Investigation, the Division of
454	454	19 Internal Investigation, the Division of Operations, the
455	455	20 Division of Patrol Operations, or any other Division or
456	456	21 organizational entity in the Illinois State Police is
457	457	22 vested by law with duties to maintain public order,
458	458	23 investigate violations of the criminal law of this State,
459	459	24 enforce the laws of this State, make arrests and recover
460	460	25 property. The term "special agent" includes any title or
461	461	26 position in the Illinois State Police that is held by an
462	462
463	463
464	464
465	465
466	466
467	467	SB1692 - 12 - LRB103 27282 RPS 53653 b
468	468
469	469
470	470	SB1692- 13 -LRB103 27282 RPS 53653 b SB1692 - 13 - LRB103 27282 RPS 53653 b
471	471	SB1692 - 13 - LRB103 27282 RPS 53653 b
472	472	1 individual employed under the Illinois State Police Act.
473	473	2 (5) The term "investigator for the Secretary of State"
474	474	3 means any person employed by the Office of the Secretary
475	475	4 of State and vested with such investigative duties as
476	476	5 render him ineligible for coverage under the Social
477	477	6 Security Act by reason of Sections 218(d)(5)(A),
478	478	7 218(d)(8)(D) and 218(l)(1) of that Act.
479	479	8 A person who became employed as an investigator for
480	480	9 the Secretary of State between January 1, 1967 and
481	481	10 December 31, 1975, and who has served as such until
482	482	11 attainment of age 60, either continuously or with a single
483	483	12 break in service of not more than 3 years duration, which
484	484	13 break terminated before January 1, 1976, shall be entitled
485	485	14 to have his retirement annuity calculated in accordance
486	486	15 with subsection (a), notwithstanding that he has less than
487	487	16 20 years of credit for such service.
488	488	17 (6) The term "Conservation Police Officer" means any
489	489	18 person employed by the Division of Law Enforcement of the
490	490	19 Department of Natural Resources and vested with such law
491	491	20 enforcement duties as render him ineligible for coverage
492	492	21 under the Social Security Act by reason of Sections
493	493	22 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
494	494	23 term "Conservation Police Officer" includes the positions
495	495	24 of Chief Conservation Police Administrator and Assistant
496	496	25 Conservation Police Administrator.
497	497	26 (7) The term "investigator for the Department of
498	498
499	499
500	500
501	501
502	502
503	503	SB1692 - 13 - LRB103 27282 RPS 53653 b
504	504
505	505
506	506	SB1692- 14 -LRB103 27282 RPS 53653 b SB1692 - 14 - LRB103 27282 RPS 53653 b
507	507	SB1692 - 14 - LRB103 27282 RPS 53653 b
508	508	1 Revenue" means any person employed by the Department of
509	509	2 Revenue and vested with such investigative duties as
510	510	3 render him ineligible for coverage under the Social
511	511	4 Security Act by reason of Sections 218(d)(5)(A),
512	512	5 218(d)(8)(D) and 218(l)(1) of that Act.
513	513	6 The term "investigator for the Illinois Gaming Board"
514	514	7 means any person employed as such by the Illinois Gaming
515	515	8 Board and vested with such peace officer duties as render
516	516	9 the person ineligible for coverage under the Social
517	517	10 Security Act by reason of Sections 218(d)(5)(A),
518	518	11 218(d)(8)(D), and 218(l)(1) of that Act.
519	519	12 (8) The term "security employee of the Department of
520	520	13 Human Services" means any person employed by the
521	521	14 Department of Human Services who (i) is employed at the
522	522	15 Chester Mental Health Center and has daily contact with
523	523	16 the residents thereof, (ii) is employed within a security
524	524	17 unit at a facility operated by the Department and has
525	525	18 daily contact with the residents of the security unit,
526	526	19 (iii) is employed at a facility operated by the Department
527	527	20 that includes a security unit and is regularly scheduled
528	528	21 to work at least 50% of his or her working hours within
529	529	22 that security unit, or (iv) is a mental health police
530	530	23 officer. "Mental health police officer" means any person
531	531	24 employed by the Department of Human Services in a position
532	532	25 pertaining to the Department's mental health and
533	533	26 developmental disabilities functions who is vested with
534	534
535	535
536	536
537	537
538	538
539	539	SB1692 - 14 - LRB103 27282 RPS 53653 b
540	540
541	541
542	542	SB1692- 15 -LRB103 27282 RPS 53653 b SB1692 - 15 - LRB103 27282 RPS 53653 b
543	543	SB1692 - 15 - LRB103 27282 RPS 53653 b
544	544	1 such law enforcement duties as render the person
545	545	2 ineligible for coverage under the Social Security Act by
546	546	3 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
547	547	4 218(l)(1) of that Act. "Security unit" means that portion
548	548	5 of a facility that is devoted to the care, containment,
549	549	6 and treatment of persons committed to the Department of
550	550	7 Human Services as sexually violent persons, persons unfit
551	551	8 to stand trial, or persons not guilty by reason of
552	552	9 insanity. With respect to past employment, references to
553	553	10 the Department of Human Services include its predecessor,
554	554	11 the Department of Mental Health and Developmental
555	555	12 Disabilities.
556	556	13 The changes made to this subdivision (c)(8) by Public
557	557	14 Act 92-14 apply to persons who retire on or after January
558	558	15 1, 2001, notwithstanding Section 1-103.1.
559	559	16 (9) "Central Management Services security police
560	560	17 officer" means any person employed by the Department of
561	561	18 Central Management Services who is vested with such law
562	562	19 enforcement duties as render him ineligible for coverage
563	563	20 under the Social Security Act by reason of Sections
564	564	21 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
565	565	22 (10) For a member who first became an employee under
566	566	23 this Article before July 1, 2005, the term "security
567	567	24 employee of the Department of Corrections or the
568	568	25 Department of Juvenile Justice" means any employee of the
569	569	26 Department of Corrections or the Department of Juvenile
570	570
571	571
572	572
573	573
574	574
575	575	SB1692 - 15 - LRB103 27282 RPS 53653 b
576	576
577	577
578	578	SB1692- 16 -LRB103 27282 RPS 53653 b SB1692 - 16 - LRB103 27282 RPS 53653 b
579	579	SB1692 - 16 - LRB103 27282 RPS 53653 b
580	580	1 Justice or the former Department of Personnel, and any
581	581	2 member or employee of the Prisoner Review Board, who has
582	582	3 daily contact with inmates or youth by working within a
583	583	4 correctional facility or Juvenile facility operated by the
584	584	5 Department of Juvenile Justice or who is a parole officer
585	585	6 or an employee who has direct contact with committed
586	586	7 persons in the performance of his or her job duties. For a
587	587	8 member who first becomes an employee under this Article on
588	588	9 or after July 1, 2005, the term means an employee of the
589	589	10 Department of Corrections or the Department of Juvenile
590	590	11 Justice who is any of the following: (i) officially
591	591	12 headquartered at a correctional facility or Juvenile
592	592	13 facility operated by the Department of Juvenile Justice,
593	593	14 (ii) a parole officer, (iii) a member of the apprehension
594	594	15 unit, (iv) a member of the intelligence unit, (v) a member
595	595	16 of the sort team, or (vi) an investigator.
596	596	17 (11) The term "dangerous drugs investigator" means any
597	597	18 person who is employed as such by the Department of Human
598	598	19 Services.
599	599	20 (12) The term "investigator for the Illinois State
600	600	21 Police" means a person employed by the Illinois State
601	601	22 Police who is vested under Section 4 of the Narcotic
602	602	23 Control Division Abolition Act with such law enforcement
603	603	24 powers as render him ineligible for coverage under the
604	604	25 Social Security Act by reason of Sections 218(d)(5)(A),
605	605	26 218(d)(8)(D) and 218(l)(1) of that Act.
606	606
607	607
608	608
609	609
610	610
611	611	SB1692 - 16 - LRB103 27282 RPS 53653 b
612	612
613	613
614	614	SB1692- 17 -LRB103 27282 RPS 53653 b SB1692 - 17 - LRB103 27282 RPS 53653 b
615	615	SB1692 - 17 - LRB103 27282 RPS 53653 b
616	616	1 (13) "Investigator for the Office of the Attorney
617	617	2 General" means any person who is employed as such by the
618	618	3 Office of the Attorney General and is vested with such
619	619	4 investigative duties as render him ineligible for coverage
620	620	5 under the Social Security Act by reason of Sections
621	621	6 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
622	622	7 the period before January 1, 1989, the term includes all
623	623	8 persons who were employed as investigators by the Office
624	624	9 of the Attorney General, without regard to social security
625	625	10 status.
626	626	11 (14) "Controlled substance inspector" means any person
627	627	12 who is employed as such by the Department of Professional
628	628	13 Regulation and is vested with such law enforcement duties
629	629	14 as render him ineligible for coverage under the Social
630	630	15 Security Act by reason of Sections 218(d)(5)(A),
631	631	16 218(d)(8)(D) and 218(l)(1) of that Act. The term
632	632	17 "controlled substance inspector" includes the Program
633	633	18 Executive of Enforcement and the Assistant Program
634	634	19 Executive of Enforcement.
635	635	20 (15) The term "investigator for the Office of the
636	636	21 State's Attorneys Appellate Prosecutor" means a person
637	637	22 employed in that capacity on a full-time basis under the
638	638	23 authority of Section 7.06 of the State's Attorneys
639	639	24 Appellate Prosecutor's Act.
640	640	25 (16) "Commerce Commission police officer" means any
641	641	26 person employed by the Illinois Commerce Commission who is
642	642
643	643
644	644
645	645
646	646
647	647	SB1692 - 17 - LRB103 27282 RPS 53653 b
648	648
649	649
650	650	SB1692- 18 -LRB103 27282 RPS 53653 b SB1692 - 18 - LRB103 27282 RPS 53653 b
651	651	SB1692 - 18 - LRB103 27282 RPS 53653 b
652	652	1 vested with such law enforcement duties as render him
653	653	2 ineligible for coverage under the Social Security Act by
654	654	3 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
655	655	4 218(l)(1) of that Act.
656	656	5 (17) "Arson investigator" means any person who is
657	657	6 employed as such by the Office of the State Fire Marshal
658	658	7 and is vested with such law enforcement duties as render
659	659	8 the person ineligible for coverage under the Social
660	660	9 Security Act by reason of Sections 218(d)(5)(A),
661	661	10 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
662	662	11 employed as an arson investigator on January 1, 1995 and
663	663	12 is no longer in service but not yet receiving a retirement
664	664	13 annuity may convert his or her creditable service for
665	665	14 employment as an arson investigator into eligible
666	666	15 creditable service by paying to the System the difference
667	667	16 between the employee contributions actually paid for that
668	668	17 service and the amounts that would have been contributed
669	669	18 if the applicant were contributing at the rate applicable
670	670	19 to persons with the same social security status earning
671	671	20 eligible creditable service on the date of application.
672	672	21 (18) The term "State highway maintenance worker" means
673	673	22 a person who is either of the following:
674	674	23 (i) A person employed on a full-time basis by the
675	675	24 Illinois Department of Transportation in the position
676	676	25 of highway maintainer, highway maintenance lead
677	677	26 worker, highway maintenance lead/lead worker, heavy
678	678
679	679
680	680
681	681
682	682
683	683	SB1692 - 18 - LRB103 27282 RPS 53653 b
684	684
685	685
686	686	SB1692- 19 -LRB103 27282 RPS 53653 b SB1692 - 19 - LRB103 27282 RPS 53653 b
687	687	SB1692 - 19 - LRB103 27282 RPS 53653 b
688	688	1 construction equipment operator, power shovel
689	689	2 operator, or bridge mechanic; and whose principal
690	690	3 responsibility is to perform, on the roadway, the
691	691	4 actual maintenance necessary to keep the highways that
692	692	5 form a part of the State highway system in serviceable
693	693	6 condition for vehicular traffic.
694	694	7 (ii) A person employed on a full-time basis by the
695	695	8 Illinois State Toll Highway Authority in the position
696	696	9 of equipment operator/laborer H-4, equipment
697	697	10 operator/laborer H-6, welder H-4, welder H-6,
698	698	11 mechanical/electrical H-4, mechanical/electrical H-6,
699	699	12 water/sewer H-4, water/sewer H-6, sign maker/hanger
700	700	13 H-4, sign maker/hanger H-6, roadway lighting H-4,
701	701	14 roadway lighting H-6, structural H-4, structural H-6,
702	702	15 painter H-4, or painter H-6; and whose principal
703	703	16 responsibility is to perform, on the roadway, the
704	704	17 actual maintenance necessary to keep the Authority's
705	705	18 tollways in serviceable condition for vehicular
706	706	19 traffic.
707	707	20 (19) The term "security employee of the Department of
708	708	21 Innovation and Technology" means a person who was a
709	709	22 security employee of the Department of Corrections or the
710	710	23 Department of Juvenile Justice, was transferred to the
711	711	24 Department of Innovation and Technology pursuant to
712	712	25 Executive Order 2016-01, and continues to perform similar
713	713	26 job functions under that Department.
714	714
715	715
716	716
717	717
718	718
719	719	SB1692 - 19 - LRB103 27282 RPS 53653 b
720	720
721	721
722	722	SB1692- 20 -LRB103 27282 RPS 53653 b SB1692 - 20 - LRB103 27282 RPS 53653 b
723	723	SB1692 - 20 - LRB103 27282 RPS 53653 b
724	724	1 (20) "Transferred employee" means an employee who was
725	725	2 transferred to the Department of Central Management
726	726	3 Services by Executive Order No. 2003-10 or Executive Order
727	727	4 No. 2004-2 or transferred to the Department of Innovation
728	728	5 and Technology by Executive Order No. 2016-1, or both, and
729	729	6 was entitled to eligible creditable service for services
730	730	7 immediately preceding the transfer.
731	731	8 (d) A security employee of the Department of Corrections
732	732	9 or the Department of Juvenile Justice, a security employee of
733	733	10 the Department of Human Services who is not a mental health
734	734	11 police officer, and a security employee of the Department of
735	735	12 Innovation and Technology shall not be eligible for the
736	736	13 alternative retirement annuity provided by this Section unless
737	737	14 he or she meets the following minimum age and service
738	738	15 requirements at the time of retirement:
739	739	16 (i) 25 years of eligible creditable service and age
740	740	17 55; or
741	741	18 (ii) beginning January 1, 1987, 25 years of eligible
742	742	19 creditable service and age 54, or 24 years of eligible
743	743	20 creditable service and age 55; or
744	744	21 (iii) beginning January 1, 1988, 25 years of eligible
745	745	22 creditable service and age 53, or 23 years of eligible
746	746	23 creditable service and age 55; or
747	747	24 (iv) beginning January 1, 1989, 25 years of eligible
748	748	25 creditable service and age 52, or 22 years of eligible
749	749	26 creditable service and age 55; or
750	750
751	751
752	752
753	753
754	754
755	755	SB1692 - 20 - LRB103 27282 RPS 53653 b
756	756
757	757
758	758	SB1692- 21 -LRB103 27282 RPS 53653 b SB1692 - 21 - LRB103 27282 RPS 53653 b
759	759	SB1692 - 21 - LRB103 27282 RPS 53653 b
760	760	1 (v) beginning January 1, 1990, 25 years of eligible
761	761	2 creditable service and age 51, or 21 years of eligible
762	762	3 creditable service and age 55; or
763	763	4 (vi) beginning January 1, 1991, 25 years of eligible
764	764	5 creditable service and age 50, or 20 years of eligible
765	765	6 creditable service and age 55.
766	766	7 Persons who have service credit under Article 16 of this
767	767	8 Code for service as a security employee of the Department of
768	768	9 Corrections or the Department of Juvenile Justice, or the
769	769	10 Department of Human Services in a position requiring
770	770	11 certification as a teacher may count such service toward
771	771	12 establishing their eligibility under the service requirements
772	772	13 of this Section; but such service may be used only for
773	773	14 establishing such eligibility, and not for the purpose of
774	774	15 increasing or calculating any benefit.
775	775	16 (e) If a member enters military service while working in a
776	776	17 position in which eligible creditable service may be earned,
777	777	18 and returns to State service in the same or another such
778	778	19 position, and fulfills in all other respects the conditions
779	779	20 prescribed in this Article for credit for military service,
780	780	21 such military service shall be credited as eligible creditable
781	781	22 service for the purposes of the retirement annuity prescribed
782	782	23 in this Section.
783	783	24 (f) For purposes of calculating retirement annuities under
784	784	25 this Section, periods of service rendered after December 31,
785	785	26 1968 and before October 1, 1975 as a covered employee in the
786	786
787	787
788	788
789	789
790	790
791	791	SB1692 - 21 - LRB103 27282 RPS 53653 b
792	792
793	793
794	794	SB1692- 22 -LRB103 27282 RPS 53653 b SB1692 - 22 - LRB103 27282 RPS 53653 b
795	795	SB1692 - 22 - LRB103 27282 RPS 53653 b
796	796	1 position of special agent, conservation police officer, mental
797	797	2 health police officer, or investigator for the Secretary of
798	798	3 State, shall be deemed to have been service as a noncovered
799	799	4 employee, provided that the employee pays to the System prior
800	800	5 to retirement an amount equal to (1) the difference between
801	801	6 the employee contributions that would have been required for
802	802	7 such service as a noncovered employee, and the amount of
803	803	8 employee contributions actually paid, plus (2) if payment is
804	804	9 made after July 31, 1987, regular interest on the amount
805	805	10 specified in item (1) from the date of service to the date of
806	806	11 payment.
807	807	12 For purposes of calculating retirement annuities under
808	808	13 this Section, periods of service rendered after December 31,
809	809	14 1968 and before January 1, 1982 as a covered employee in the
810	810	15 position of investigator for the Department of Revenue shall
811	811	16 be deemed to have been service as a noncovered employee,
812	812	17 provided that the employee pays to the System prior to
813	813	18 retirement an amount equal to (1) the difference between the
814	814	19 employee contributions that would have been required for such
815	815	20 service as a noncovered employee, and the amount of employee
816	816	21 contributions actually paid, plus (2) if payment is made after
817	817	22 January 1, 1990, regular interest on the amount specified in
818	818	23 item (1) from the date of service to the date of payment.
819	819	24 (g) A State policeman may elect, not later than January 1,
820	820	25 1990, to establish eligible creditable service for up to 10
821	821	26 years of his service as a policeman under Article 3, by filing
822	822
823	823
824	824
825	825
826	826
827	827	SB1692 - 22 - LRB103 27282 RPS 53653 b
828	828
829	829
830	830	SB1692- 23 -LRB103 27282 RPS 53653 b SB1692 - 23 - LRB103 27282 RPS 53653 b
831	831	SB1692 - 23 - LRB103 27282 RPS 53653 b
832	832	1 a written election with the Board, accompanied by payment of
833	833	2 an amount to be determined by the Board, equal to (i) the
834	834	3 difference between the amount of employee and employer
835	835	4 contributions transferred to the System under Section 3-110.5,
836	836	5 and the amounts that would have been contributed had such
837	837	6 contributions been made at the rates applicable to State
838	838	7 policemen, plus (ii) interest thereon at the effective rate
839	839	8 for each year, compounded annually, from the date of service
840	840	9 to the date of payment.
841	841	10 Subject to the limitation in subsection (i), a State
842	842	11 policeman may elect, not later than July 1, 1993, to establish
843	843	12 eligible creditable service for up to 10 years of his service
844	844	13 as a member of the County Police Department under Article 9, by
845	845	14 filing a written election with the Board, accompanied by
846	846	15 payment of an amount to be determined by the Board, equal to
847	847	16 (i) the difference between the amount of employee and employer
848	848	17 contributions transferred to the System under Section 9-121.10
849	849	18 and the amounts that would have been contributed had those
850	850	19 contributions been made at the rates applicable to State
851	851	20 policemen, plus (ii) interest thereon at the effective rate
852	852	21 for each year, compounded annually, from the date of service
853	853	22 to the date of payment.
854	854	23 (h) Subject to the limitation in subsection (i), a State
855	855	24 policeman or investigator for the Secretary of State may elect
856	856	25 to establish eligible creditable service for up to 12 years of
857	857	26 his service as a policeman under Article 5, by filing a written
858	858
859	859
860	860
861	861
862	862
863	863	SB1692 - 23 - LRB103 27282 RPS 53653 b
864	864
865	865
866	866	SB1692- 24 -LRB103 27282 RPS 53653 b SB1692 - 24 - LRB103 27282 RPS 53653 b
867	867	SB1692 - 24 - LRB103 27282 RPS 53653 b
868	868	1 election with the Board on or before January 31, 1992, and
869	869	2 paying to the System by January 31, 1994 an amount to be
870	870	3 determined by the Board, equal to (i) the difference between
871	871	4 the amount of employee and employer contributions transferred
872	872	5 to the System under Section 5-236, and the amounts that would
873	873	6 have been contributed had such contributions been made at the
874	874	7 rates applicable to State policemen, plus (ii) interest
875	875	8 thereon at the effective rate for each year, compounded
876	876	9 annually, from the date of service to the date of payment.
877	877	10 Subject to the limitation in subsection (i), a State
878	878	11 policeman, conservation police officer, or investigator for
879	879	12 the Secretary of State may elect to establish eligible
880	880	13 creditable service for up to 10 years of service as a sheriff's
881	881	14 law enforcement employee under Article 7, by filing a written
882	882	15 election with the Board on or before January 31, 1993, and
883	883	16 paying to the System by January 31, 1994 an amount to be
884	884	17 determined by the Board, equal to (i) the difference between
885	885	18 the amount of employee and employer contributions transferred
886	886	19 to the System under Section 7-139.7, and the amounts that
887	887	20 would have been contributed had such contributions been made
888	888	21 at the rates applicable to State policemen, plus (ii) interest
889	889	22 thereon at the effective rate for each year, compounded
890	890	23 annually, from the date of service to the date of payment.
891	891	24 Subject to the limitation in subsection (i), a State
892	892	25 policeman, conservation police officer, or investigator for
893	893	26 the Secretary of State may elect to establish eligible
894	894
895	895
896	896
897	897
898	898
899	899	SB1692 - 24 - LRB103 27282 RPS 53653 b
900	900
901	901
902	902	SB1692- 25 -LRB103 27282 RPS 53653 b SB1692 - 25 - LRB103 27282 RPS 53653 b
903	903	SB1692 - 25 - LRB103 27282 RPS 53653 b
904	904	1 creditable service for up to 5 years of service as a police
905	905	2 officer under Article 3, a policeman under Article 5, a
906	906	3 sheriff's law enforcement employee under Article 7, a member
907	907	4 of the county police department under Article 9, or a police
908	908	5 officer under Article 15 by filing a written election with the
909	909	6 Board and paying to the System an amount to be determined by
910	910	7 the Board, equal to (i) the difference between the amount of
911	911	8 employee and employer contributions transferred to the System
912	912	9 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
913	913	10 and the amounts that would have been contributed had such
914	914	11 contributions been made at the rates applicable to State
915	915	12 policemen, plus (ii) interest thereon at the effective rate
916	916	13 for each year, compounded annually, from the date of service
917	917	14 to the date of payment.
918	918	15 Subject to the limitation in subsection (i), an
919	919	16 investigator for the Office of the Attorney General, or an
920	920	17 investigator for the Department of Revenue, may elect to
921	921	18 establish eligible creditable service for up to 5 years of
922	922	19 service as a police officer under Article 3, a policeman under
923	923	20 Article 5, a sheriff's law enforcement employee under Article
924	924	21 7, or a member of the county police department under Article 9
925	925	22 by filing a written election with the Board within 6 months
926	926	23 after August 25, 2009 (the effective date of Public Act
927	927	24 96-745) and paying to the System an amount to be determined by
928	928	25 the Board, equal to (i) the difference between the amount of
929	929	26 employee and employer contributions transferred to the System
930	930
931	931
932	932
933	933
934	934
935	935	SB1692 - 25 - LRB103 27282 RPS 53653 b
936	936
937	937
938	938	SB1692- 26 -LRB103 27282 RPS 53653 b SB1692 - 26 - LRB103 27282 RPS 53653 b
939	939	SB1692 - 26 - LRB103 27282 RPS 53653 b
940	940	1 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
941	941	2 amounts that would have been contributed had such
942	942	3 contributions been made at the rates applicable to State
943	943	4 policemen, plus (ii) interest thereon at the actuarially
944	944	5 assumed rate for each year, compounded annually, from the date
945	945	6 of service to the date of payment.
946	946	7 Subject to the limitation in subsection (i), a State
947	947	8 policeman, conservation police officer, investigator for the
948	948	9 Office of the Attorney General, an investigator for the
949	949	10 Department of Revenue, or investigator for the Secretary of
950	950	11 State may elect to establish eligible creditable service for
951	951	12 up to 5 years of service as a person employed by a
952	952	13 participating municipality to perform police duties, or law
953	953	14 enforcement officer employed on a full-time basis by a forest
954	954	15 preserve district under Article 7, a county corrections
955	955	16 officer, or a court services officer under Article 9, by
956	956	17 filing a written election with the Board within 6 months after
957	957	18 August 25, 2009 (the effective date of Public Act 96-745) and
958	958	19 paying to the System an amount to be determined by the Board,
959	959	20 equal to (i) the difference between the amount of employee and
960	960	21 employer contributions transferred to the System under
961	961	22 Sections 7-139.8 and 9-121.10 and the amounts that would have
962	962	23 been contributed had such contributions been made at the rates
963	963	24 applicable to State policemen, plus (ii) interest thereon at
964	964	25 the actuarially assumed rate for each year, compounded
965	965	26 annually, from the date of service to the date of payment.
966	966
967	967
968	968
969	969
970	970
971	971	SB1692 - 26 - LRB103 27282 RPS 53653 b
972	972
973	973
974	974	SB1692- 27 -LRB103 27282 RPS 53653 b SB1692 - 27 - LRB103 27282 RPS 53653 b
975	975	SB1692 - 27 - LRB103 27282 RPS 53653 b
976	976	1 Subject to the limitation in subsection (i), a State
977	977	2 policeman, arson investigator, or Commerce Commission police
978	978	3 officer may elect to establish eligible creditable service for
979	979	4 up to 5 years of service as a person employed by a
980	980	5 participating municipality to perform police duties under
981	981	6 Article 7, a county corrections officer, a court services
982	982	7 officer under Article 9, or a firefighter under Article 4 by
983	983	8 filing a written election with the Board within 6 months after
984	984	9 July 30, 2021 (the effective date of Public Act 102-210) and
985	985	10 paying to the System an amount to be determined by the Board
986	986	11 equal to (i) the difference between the amount of employee and
987	987	12 employer contributions transferred to the System under
988	988	13 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
989	989	14 would have been contributed had such contributions been made
990	990	15 at the rates applicable to State policemen, plus (ii) interest
991	991	16 thereon at the actuarially assumed rate for each year,
992	992	17 compounded annually, from the date of service to the date of
993	993	18 payment.
994	994	19 Subject to the limitation in subsection (i), a
995	995	20 conservation police officer may elect to establish eligible
996	996	21 creditable service for up to 5 years of service as a person
997	997	22 employed by a participating municipality to perform police
998	998	23 duties under Article 7, a county corrections officer, or a
999	999	24 court services officer under Article 9 by filing a written
1000	1000	25 election with the Board within 6 months after July 30, 2021
1001	1001	26 (the effective date of Public Act 102-210) and paying to the
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006
1007	1007	SB1692 - 27 - LRB103 27282 RPS 53653 b
1008	1008
1009	1009
1010	1010	SB1692- 28 -LRB103 27282 RPS 53653 b SB1692 - 28 - LRB103 27282 RPS 53653 b
1011	1011	SB1692 - 28 - LRB103 27282 RPS 53653 b
1012	1012	1 System an amount to be determined by the Board equal to (i) the
1013	1013	2 difference between the amount of employee and employer
1014	1014	3 contributions transferred to the System under Sections 7-139.8
1015	1015	4 and 9-121.10 and the amounts that would have been contributed
1016	1016	5 had such contributions been made at the rates applicable to
1017	1017	6 State policemen, plus (ii) interest thereon at the actuarially
1018	1018	7 assumed rate for each year, compounded annually, from the date
1019	1019	8 of service to the date of payment.
1020	1020	9 Notwithstanding the limitation in subsection (i), a State
1021	1021	10 policeman or conservation police officer may elect to convert
1022	1022	11 service credit earned under this Article to eligible
1023	1023	12 creditable service, as defined by this Section, by filing a
1024	1024	13 written election with the Board board within 6 months after
1025	1025	14 July 30, 2021 (the effective date of Public Act 102-210) and
1026	1026	15 paying to the System an amount to be determined by the Board
1027	1027	16 equal to (i) the difference between the amount of employee
1028	1028	17 contributions originally paid for that service and the amounts
1029	1029	18 that would have been contributed had such contributions been
1030	1030	19 made at the rates applicable to State policemen, plus (ii) the
1031	1031	20 difference between the employer's normal cost of the credit
1032	1032	21 prior to the conversion authorized by this amendatory Act of
1033	1033	22 the 103rd General Assembly Public Act 102-210 and the
1034	1034	23 employer's normal cost of the credit converted in accordance
1035	1035	24 with this amendatory Act of the 103rd General Assembly Public
1036	1036	25 Act 102-210, plus (iii) interest thereon at the actuarially
1037	1037	26 assumed rate for each year, compounded annually, from the date
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042
1043	1043	SB1692 - 28 - LRB103 27282 RPS 53653 b
1044	1044
1045	1045
1046	1046	SB1692- 29 -LRB103 27282 RPS 53653 b SB1692 - 29 - LRB103 27282 RPS 53653 b
1047	1047	SB1692 - 29 - LRB103 27282 RPS 53653 b
1048	1048	1 of service to the date of payment.
1049	1049	2 (i) The total amount of eligible creditable service
1050	1050	3 established by any person under subsections (g), (h), (j),
1051	1051	4 (k), (l), (l-5), and (o) of this Section shall not exceed 12
1052	1052	5 years.
1053	1053	6 (j) Subject to the limitation in subsection (i), an
1054	1054	7 investigator for the Office of the State's Attorneys Appellate
1055	1055	8 Prosecutor or a controlled substance inspector may elect to
1056	1056	9 establish eligible creditable service for up to 10 years of
1057	1057	10 his service as a policeman under Article 3 or a sheriff's law
1058	1058	11 enforcement employee under Article 7, by filing a written
1059	1059	12 election with the Board, accompanied by payment of an amount
1060	1060	13 to be determined by the Board, equal to (1) the difference
1061	1061	14 between the amount of employee and employer contributions
1062	1062	15 transferred to the System under Section 3-110.6 or 7-139.8,
1063	1063	16 and the amounts that would have been contributed had such
1064	1064	17 contributions been made at the rates applicable to State
1065	1065	18 policemen, plus (2) interest thereon at the effective rate for
1066	1066	19 each year, compounded annually, from the date of service to
1067	1067	20 the date of payment.
1068	1068	21 (k) Subject to the limitation in subsection (i) of this
1069	1069	22 Section, an alternative formula employee may elect to
1070	1070	23 establish eligible creditable service for periods spent as a
1071	1071	24 full-time law enforcement officer or full-time corrections
1072	1072	25 officer employed by the federal government or by a state or
1073	1073	26 local government located outside of Illinois, for which credit
1074	1074
1075	1075
1076	1076
1077	1077
1078	1078
1079	1079	SB1692 - 29 - LRB103 27282 RPS 53653 b
1080	1080
1081	1081
1082	1082	SB1692- 30 -LRB103 27282 RPS 53653 b SB1692 - 30 - LRB103 27282 RPS 53653 b
1083	1083	SB1692 - 30 - LRB103 27282 RPS 53653 b
1084	1084	1 is not held in any other public employee pension fund or
1085	1085	2 retirement system. To obtain this credit, the applicant must
1086	1086	3 file a written application with the Board by March 31, 1998,
1087	1087	4 accompanied by evidence of eligibility acceptable to the Board
1088	1088	5 and payment of an amount to be determined by the Board, equal
1089	1089	6 to (1) employee contributions for the credit being
1090	1090	7 established, based upon the applicant's salary on the first
1091	1091	8 day as an alternative formula employee after the employment
1092	1092	9 for which credit is being established and the rates then
1093	1093	10 applicable to alternative formula employees, plus (2) an
1094	1094	11 amount determined by the Board to be the employer's normal
1095	1095	12 cost of the benefits accrued for the credit being established,
1096	1096	13 plus (3) regular interest on the amounts in items (1) and (2)
1097	1097	14 from the first day as an alternative formula employee after
1098	1098	15 the employment for which credit is being established to the
1099	1099	16 date of payment.
1100	1100	17 (l) Subject to the limitation in subsection (i), a
1101	1101	18 security employee of the Department of Corrections may elect,
1102	1102	19 not later than July 1, 1998, to establish eligible creditable
1103	1103	20 service for up to 10 years of his or her service as a policeman
1104	1104	21 under Article 3, by filing a written election with the Board,
1105	1105	22 accompanied by payment of an amount to be determined by the
1106	1106	23 Board, equal to (i) the difference between the amount of
1107	1107	24 employee and employer contributions transferred to the System
1108	1108	25 under Section 3-110.5, and the amounts that would have been
1109	1109	26 contributed had such contributions been made at the rates
1110	1110
1111	1111
1112	1112
1113	1113
1114	1114
1115	1115	SB1692 - 30 - LRB103 27282 RPS 53653 b
1116	1116
1117	1117
1118	1118	SB1692- 31 -LRB103 27282 RPS 53653 b SB1692 - 31 - LRB103 27282 RPS 53653 b
1119	1119	SB1692 - 31 - LRB103 27282 RPS 53653 b
1120	1120	1 applicable to security employees of the Department of
1121	1121	2 Corrections, plus (ii) interest thereon at the effective rate
1122	1122	3 for each year, compounded annually, from the date of service
1123	1123	4 to the date of payment.
1124	1124	5 (l-5) Subject to the limitation in subsection (i) of this
1125	1125	6 Section, a State policeman may elect to establish eligible
1126	1126	7 creditable service for up to 5 years of service as a full-time
1127	1127	8 law enforcement officer employed by the federal government or
1128	1128	9 by a state or local government located outside of Illinois for
1129	1129	10 which credit is not held in any other public employee pension
1130	1130	11 fund or retirement system. To obtain this credit, the
1131	1131	12 applicant must file a written application with the Board no
1132	1132	13 later than 3 years after January 1, 2020 (the effective date of
1133	1133	14 Public Act 101-610), accompanied by evidence of eligibility
1134	1134	15 acceptable to the Board and payment of an amount to be
1135	1135	16 determined by the Board, equal to (1) employee contributions
1136	1136	17 for the credit being established, based upon the applicant's
1137	1137	18 salary on the first day as an alternative formula employee
1138	1138	19 after the employment for which credit is being established and
1139	1139	20 the rates then applicable to alternative formula employees,
1140	1140	21 plus (2) an amount determined by the Board to be the employer's
1141	1141	22 normal cost of the benefits accrued for the credit being
1142	1142	23 established, plus (3) regular interest on the amounts in items
1143	1143	24 (1) and (2) from the first day as an alternative formula
1144	1144	25 employee after the employment for which credit is being
1145	1145	26 established to the date of payment.
1146	1146
1147	1147
1148	1148
1149	1149
1150	1150
1151	1151	SB1692 - 31 - LRB103 27282 RPS 53653 b
1152	1152
1153	1153
1154	1154	SB1692- 32 -LRB103 27282 RPS 53653 b SB1692 - 32 - LRB103 27282 RPS 53653 b
1155	1155	SB1692 - 32 - LRB103 27282 RPS 53653 b
1156	1156	1 (m) The amendatory changes to this Section made by Public
1157	1157	2 Act 94-696 apply only to: (1) security employees of the
1158	1158	3 Department of Juvenile Justice employed by the Department of
1159	1159	4 Corrections before June 1, 2006 (the effective date of Public
1160	1160	5 Act 94-696) and transferred to the Department of Juvenile
1161	1161	6 Justice by Public Act 94-696; and (2) persons employed by the
1162	1162	7 Department of Juvenile Justice on or after June 1, 2006 (the
1163	1163	8 effective date of Public Act 94-696) who are required by
1164	1164	9 subsection (b) of Section 3-2.5-15 of the Unified Code of
1165	1165	10 Corrections to have any bachelor's or advanced degree from an
1166	1166	11 accredited college or university or, in the case of persons
1167	1167	12 who provide vocational training, who are required to have
1168	1168	13 adequate knowledge in the skill for which they are providing
1169	1169	14 the vocational training.
1170	1170	15 (n) A person employed in a position under subsection (b)
1171	1171	16 of this Section who has purchased service credit under
1172	1172	17 subsection (j) of Section 14-104 or subsection (b) of Section
1173	1173	18 14-105 in any other capacity under this Article may convert up
1174	1174	19 to 5 years of that service credit into service credit covered
1175	1175	20 under this Section by paying to the Fund an amount equal to (1)
1176	1176	21 the additional employee contribution required under Section
1177	1177	22 14-133, plus (2) the additional employer contribution required
1178	1178	23 under Section 14-131, plus (3) interest on items (1) and (2) at
1179	1179	24 the actuarially assumed rate from the date of the service to
1180	1180	25 the date of payment.
1181	1181	26 (o) Subject to the limitation in subsection (i), a
1182	1182
1183	1183
1184	1184
1185	1185
1186	1186
1187	1187	SB1692 - 32 - LRB103 27282 RPS 53653 b
1188	1188
1189	1189
1190	1190	SB1692- 33 -LRB103 27282 RPS 53653 b SB1692 - 33 - LRB103 27282 RPS 53653 b
1191	1191	SB1692 - 33 - LRB103 27282 RPS 53653 b
1192	1192	1 conservation police officer, investigator for the Secretary of
1193	1193	2 State, Commerce Commission police officer, investigator for
1194	1194	3 the Department of Revenue or the Illinois Gaming Board, or
1195	1195	4 arson investigator subject to subsection (g) of Section 1-160
1196	1196	5 may elect to convert up to 8 years of service credit
1197	1197	6 established before January 1, 2020 (the effective date of
1198	1198	7 Public Act 101-610) as a conservation police officer,
1199	1199	8 investigator for the Secretary of State, Commerce Commission
1200	1200	9 police officer, investigator for the Department of Revenue or
1201	1201	10 the Illinois Gaming Board, or arson investigator under this
1202	1202	11 Article into eligible creditable service by filing a written
1203	1203	12 election with the Board no later than one year after January 1,
1204	1204	13 2020 (the effective date of Public Act 101-610), accompanied
1205	1205	14 by payment of an amount to be determined by the Board equal to
1206	1206	15 (i) the difference between the amount of the employee
1207	1207	16 contributions actually paid for that service and the amount of
1208	1208	17 the employee contributions that would have been paid had the
1209	1209	18 employee contributions been made as a noncovered employee
1210	1210	19 serving in a position in which eligible creditable service, as
1211	1211	20 defined in this Section, may be earned, plus (ii) interest
1212	1212	21 thereon at the effective rate for each year, compounded
1213	1213	22 annually, from the date of service to the date of payment.
1214	1214	23 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
1215	1215	24 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
1216	1216	25 (Text of Section from P.A. 102-856)
1217	1217
1218	1218
1219	1219
1220	1220
1221	1221
1222	1222	SB1692 - 33 - LRB103 27282 RPS 53653 b
1223	1223
1224	1224
1225	1225	SB1692- 34 -LRB103 27282 RPS 53653 b SB1692 - 34 - LRB103 27282 RPS 53653 b
1226	1226	SB1692 - 34 - LRB103 27282 RPS 53653 b
1227	1227	1 Sec. 14-110. Alternative retirement annuity.
1228	1228	2 (a) Any member who has withdrawn from service with not
1229	1229	3 less than 20 years of eligible creditable service and has
1230	1230	4 attained age 55, and any member who has withdrawn from service
1231	1231	5 with not less than 25 years of eligible creditable service and
1232	1232	6 has attained age 50, regardless of whether the attainment of
1233	1233	7 either of the specified ages occurs while the member is still
1234	1234	8 in service, shall be entitled to receive at the option of the
1235	1235	9 member, in lieu of the regular or minimum retirement annuity,
1236	1236	10 a retirement annuity computed as follows:
1237	1237	11 (i) for periods of service as a noncovered employee:
1238	1238	12 if retirement occurs on or after January 1, 2001, 3% of
1239	1239	13 final average compensation for each year of creditable
1240	1240	14 service; if retirement occurs before January 1, 2001, 2
1241	1241	15 1/4% of final average compensation for each of the first
1242	1242	16 10 years of creditable service, 2 1/2% for each year above
1243	1243	17 10 years to and including 20 years of creditable service,
1244	1244	18 and 2 3/4% for each year of creditable service above 20
1245	1245	19 years; and
1246	1246	20 (ii) for periods of eligible creditable service as a
1247	1247	21 covered employee: if retirement occurs on or after January
1248	1248	22 1, 2001, 2.5% of final average compensation for each year
1249	1249	23 of creditable service; if retirement occurs before January
1250	1250	24 1, 2001, 1.67% of final average compensation for each of
1251	1251	25 the first 10 years of such service, 1.90% for each of the
1252	1252	26 next 10 years of such service, 2.10% for each year of such
1253	1253
1254	1254
1255	1255
1256	1256
1257	1257
1258	1258	SB1692 - 34 - LRB103 27282 RPS 53653 b
1259	1259
1260	1260
1261	1261	SB1692- 35 -LRB103 27282 RPS 53653 b SB1692 - 35 - LRB103 27282 RPS 53653 b
1262	1262	SB1692 - 35 - LRB103 27282 RPS 53653 b
1263	1263	1 service in excess of 20 but not exceeding 30, and 2.30% for
1264	1264	2 each year in excess of 30.
1265	1265	3 Such annuity shall be subject to a maximum of 75% of final
1266	1266	4 average compensation if retirement occurs before January 1,
1267	1267	5 2001 or to a maximum of 80% of final average compensation if
1268	1268	6 retirement occurs on or after January 1, 2001.
1269	1269	7 These rates shall not be applicable to any service
1270	1270	8 performed by a member as a covered employee which is not
1271	1271	9 eligible creditable service. Service as a covered employee
1272	1272	10 which is not eligible creditable service shall be subject to
1273	1273	11 the rates and provisions of Section 14-108.
1274	1274	12 (a-5) Notwithstanding the applicable age eligibility
1275	1275	13 requirements of subsection (a) of this Section, beginning on
1276	1276	14 the effective date of this amendatory Act of the 103rd General
1277	1277	15 Assembly through the end of the 60th month after the effective
1278	1278	16 date of this amendatory Act of the 103rd General Assembly, a
1279	1279	17 State policeman who earns a retirement annuity equal to the
1280	1280	18 limitation specified under subsection (a) of this Section, may
1281	1281	19 elect to begin his or her retirement annuity effective on the
1282	1282	20 month he or she first earned that retirement annuity at the
1283	1283	21 amount so limited or the effective date of this amendatory Act
1284	1284	22 of the 103rd General Assembly, whichever is later. A State
1285	1285	23 policeman who elects to retire under the provisions of this
1286	1286	24 subsection must first pay to the System an amount equal to the
1287	1287	25 increase in the present value of the future benefits resulting
1288	1288	26 from the State policeman's election to retire in accordance
1289	1289
1290	1290
1291	1291
1292	1292
1293	1293
1294	1294	SB1692 - 35 - LRB103 27282 RPS 53653 b
1295	1295
1296	1296
1297	1297	SB1692- 36 -LRB103 27282 RPS 53653 b SB1692 - 36 - LRB103 27282 RPS 53653 b
1298	1298	SB1692 - 36 - LRB103 27282 RPS 53653 b
1299	1299	1 with this subsection.
1300	1300	2 (b) For the purpose of this Section, "eligible creditable
1301	1301	3 service" means creditable service resulting from service in
1302	1302	4 one or more of the following positions:
1303	1303	5 (1) State policeman;
1304	1304	6 (2) fire fighter in the fire protection service of a
1305	1305	7 department;
1306	1306	8 (3) air pilot;
1307	1307	9 (4) special agent;
1308	1308	10 (5) investigator for the Secretary of State;
1309	1309	11 (6) conservation police officer;
1310	1310	12 (7) investigator for the Department of Revenue or the
1311	1311	13 Illinois Gaming Board;
1312	1312	14 (8) security employee of the Department of Human
1313	1313	15 Services;
1314	1314	16 (9) Central Management Services security police
1315	1315	17 officer;
1316	1316	18 (10) security employee of the Department of
1317	1317	19 Corrections or the Department of Juvenile Justice;
1318	1318	20 (11) dangerous drugs investigator;
1319	1319	21 (12) investigator for the Illinois State Police;
1320	1320	22 (13) investigator for the Office of the Attorney
1321	1321	23 General;
1322	1322	24 (14) controlled substance inspector;
1323	1323	25 (15) investigator for the Office of the State's
1324	1324	26 Attorneys Appellate Prosecutor;
1325	1325
1326	1326
1327	1327
1328	1328
1329	1329
1330	1330	SB1692 - 36 - LRB103 27282 RPS 53653 b
1331	1331
1332	1332
1333	1333	SB1692- 37 -LRB103 27282 RPS 53653 b SB1692 - 37 - LRB103 27282 RPS 53653 b
1334	1334	SB1692 - 37 - LRB103 27282 RPS 53653 b
1335	1335	1 (16) Commerce Commission police officer;
1336	1336	2 (17) arson investigator;
1337	1337	3 (18) State highway maintenance worker;
1338	1338	4 (19) security employee of the Department of Innovation
1339	1339	5 and Technology; or
1340	1340	6 (20) transferred employee.
1341	1341	7 A person employed in one of the positions specified in
1342	1342	8 this subsection is entitled to eligible creditable service for
1343	1343	9 service credit earned under this Article while undergoing the
1344	1344	10 basic police training course approved by the Illinois Law
1345	1345	11 Enforcement Training Standards Board, if completion of that
1346	1346	12 training is required of persons serving in that position. For
1347	1347	13 the purposes of this Code, service during the required basic
1348	1348	14 police training course shall be deemed performance of the
1349	1349	15 duties of the specified position, even though the person is
1350	1350	16 not a sworn peace officer at the time of the training.
1351	1351	17 A person under paragraph (20) is entitled to eligible
1352	1352	18 creditable service for service credit earned under this
1353	1353	19 Article on and after his or her transfer by Executive Order No.
1354	1354	20 2003-10, Executive Order No. 2004-2, or Executive Order No.
1355	1355	21 2016-1.
1356	1356	22 (c) For the purposes of this Section:
1357	1357	23 (1) The term "State policeman" includes any title or
1358	1358	24 position in the Illinois State Police that is held by an
1359	1359	25 individual employed under the Illinois State Police Act.
1360	1360	26 (2) The term "fire fighter in the fire protection
1361	1361
1362	1362
1363	1363
1364	1364
1365	1365
1366	1366	SB1692 - 37 - LRB103 27282 RPS 53653 b
1367	1367
1368	1368
1369	1369	SB1692- 38 -LRB103 27282 RPS 53653 b SB1692 - 38 - LRB103 27282 RPS 53653 b
1370	1370	SB1692 - 38 - LRB103 27282 RPS 53653 b
1371	1371	1 service of a department" includes all officers in such
1372	1372	2 fire protection service including fire chiefs and
1373	1373	3 assistant fire chiefs.
1374	1374	4 (3) The term "air pilot" includes any employee whose
1375	1375	5 official job description on file in the Department of
1376	1376	6 Central Management Services, or in the department by which
1377	1377	7 he is employed if that department is not covered by the
1378	1378	8 Personnel Code, states that his principal duty is the
1379	1379	9 operation of aircraft, and who possesses a pilot's
1380	1380	10 license; however, the change in this definition made by
1381	1381	11 Public Act 83-842 shall not operate to exclude any
1382	1382	12 noncovered employee who was an "air pilot" for the
1383	1383	13 purposes of this Section on January 1, 1984.
1384	1384	14 (4) The term "special agent" means any person who by
1385	1385	15 reason of employment by the Division of Narcotic Control,
1386	1386	16 the Bureau of Investigation or, after July 1, 1977, the
1387	1387	17 Division of Criminal Investigation, the Division of
1388	1388	18 Internal Investigation, the Division of Operations, the
1389	1389	19 Division of Patrol Operations, or any other Division or
1390	1390	20 organizational entity in the Illinois State Police is
1391	1391	21 vested by law with duties to maintain public order,
1392	1392	22 investigate violations of the criminal law of this State,
1393	1393	23 enforce the laws of this State, make arrests and recover
1394	1394	24 property. The term "special agent" includes any title or
1395	1395	25 position in the Illinois State Police that is held by an
1396	1396	26 individual employed under the Illinois State Police Act.
1397	1397
1398	1398
1399	1399
1400	1400
1401	1401
1402	1402	SB1692 - 38 - LRB103 27282 RPS 53653 b
1403	1403
1404	1404
1405	1405	SB1692- 39 -LRB103 27282 RPS 53653 b SB1692 - 39 - LRB103 27282 RPS 53653 b
1406	1406	SB1692 - 39 - LRB103 27282 RPS 53653 b
1407	1407	1 (5) The term "investigator for the Secretary of State"
1408	1408	2 means any person employed by the Office of the Secretary
1409	1409	3 of State and vested with such investigative duties as
1410	1410	4 render him ineligible for coverage under the Social
1411	1411	5 Security Act by reason of Sections 218(d)(5)(A),
1412	1412	6 218(d)(8)(D) and 218(l)(1) of that Act.
1413	1413	7 A person who became employed as an investigator for
1414	1414	8 the Secretary of State between January 1, 1967 and
1415	1415	9 December 31, 1975, and who has served as such until
1416	1416	10 attainment of age 60, either continuously or with a single
1417	1417	11 break in service of not more than 3 years duration, which
1418	1418	12 break terminated before January 1, 1976, shall be entitled
1419	1419	13 to have his retirement annuity calculated in accordance
1420	1420	14 with subsection (a), notwithstanding that he has less than
1421	1421	15 20 years of credit for such service.
1422	1422	16 (6) The term "Conservation Police Officer" means any
1423	1423	17 person employed by the Division of Law Enforcement of the
1424	1424	18 Department of Natural Resources and vested with such law
1425	1425	19 enforcement duties as render him ineligible for coverage
1426	1426	20 under the Social Security Act by reason of Sections
1427	1427	21 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
1428	1428	22 term "Conservation Police Officer" includes the positions
1429	1429	23 of Chief Conservation Police Administrator and Assistant
1430	1430	24 Conservation Police Administrator.
1431	1431	25 (7) The term "investigator for the Department of
1432	1432	26 Revenue" means any person employed by the Department of
1433	1433
1434	1434
1435	1435
1436	1436
1437	1437
1438	1438	SB1692 - 39 - LRB103 27282 RPS 53653 b
1439	1439
1440	1440
1441	1441	SB1692- 40 -LRB103 27282 RPS 53653 b SB1692 - 40 - LRB103 27282 RPS 53653 b
1442	1442	SB1692 - 40 - LRB103 27282 RPS 53653 b
1443	1443	1 Revenue and vested with such investigative duties as
1444	1444	2 render him ineligible for coverage under the Social
1445	1445	3 Security Act by reason of Sections 218(d)(5)(A),
1446	1446	4 218(d)(8)(D) and 218(l)(1) of that Act.
1447	1447	5 The term "investigator for the Illinois Gaming Board"
1448	1448	6 means any person employed as such by the Illinois Gaming
1449	1449	7 Board and vested with such peace officer duties as render
1450	1450	8 the person ineligible for coverage under the Social
1451	1451	9 Security Act by reason of Sections 218(d)(5)(A),
1452	1452	10 218(d)(8)(D), and 218(l)(1) of that Act.
1453	1453	11 (8) The term "security employee of the Department of
1454	1454	12 Human Services" means any person employed by the
1455	1455	13 Department of Human Services who (i) is employed at the
1456	1456	14 Chester Mental Health Center and has daily contact with
1457	1457	15 the residents thereof, (ii) is employed within a security
1458	1458	16 unit at a facility operated by the Department and has
1459	1459	17 daily contact with the residents of the security unit,
1460	1460	18 (iii) is employed at a facility operated by the Department
1461	1461	19 that includes a security unit and is regularly scheduled
1462	1462	20 to work at least 50% of his or her working hours within
1463	1463	21 that security unit, or (iv) is a mental health police
1464	1464	22 officer. "Mental health police officer" means any person
1465	1465	23 employed by the Department of Human Services in a position
1466	1466	24 pertaining to the Department's mental health and
1467	1467	25 developmental disabilities functions who is vested with
1468	1468	26 such law enforcement duties as render the person
1469	1469
1470	1470
1471	1471
1472	1472
1473	1473
1474	1474	SB1692 - 40 - LRB103 27282 RPS 53653 b
1475	1475
1476	1476
1477	1477	SB1692- 41 -LRB103 27282 RPS 53653 b SB1692 - 41 - LRB103 27282 RPS 53653 b
1478	1478	SB1692 - 41 - LRB103 27282 RPS 53653 b
1479	1479	1 ineligible for coverage under the Social Security Act by
1480	1480	2 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
1481	1481	3 218(l)(1) of that Act. "Security unit" means that portion
1482	1482	4 of a facility that is devoted to the care, containment,
1483	1483	5 and treatment of persons committed to the Department of
1484	1484	6 Human Services as sexually violent persons, persons unfit
1485	1485	7 to stand trial, or persons not guilty by reason of
1486	1486	8 insanity. With respect to past employment, references to
1487	1487	9 the Department of Human Services include its predecessor,
1488	1488	10 the Department of Mental Health and Developmental
1489	1489	11 Disabilities.
1490	1490	12 The changes made to this subdivision (c)(8) by Public
1491	1491	13 Act 92-14 apply to persons who retire on or after January
1492	1492	14 1, 2001, notwithstanding Section 1-103.1.
1493	1493	15 (9) "Central Management Services security police
1494	1494	16 officer" means any person employed by the Department of
1495	1495	17 Central Management Services who is vested with such law
1496	1496	18 enforcement duties as render him ineligible for coverage
1497	1497	19 under the Social Security Act by reason of Sections
1498	1498	20 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
1499	1499	21 (10) For a member who first became an employee under
1500	1500	22 this Article before July 1, 2005, the term "security
1501	1501	23 employee of the Department of Corrections or the
1502	1502	24 Department of Juvenile Justice" means any employee of the
1503	1503	25 Department of Corrections or the Department of Juvenile
1504	1504	26 Justice or the former Department of Personnel, and any
1505	1505
1506	1506
1507	1507
1508	1508
1509	1509
1510	1510	SB1692 - 41 - LRB103 27282 RPS 53653 b
1511	1511
1512	1512
1513	1513	SB1692- 42 -LRB103 27282 RPS 53653 b SB1692 - 42 - LRB103 27282 RPS 53653 b
1514	1514	SB1692 - 42 - LRB103 27282 RPS 53653 b
1515	1515	1 member or employee of the Prisoner Review Board, who has
1516	1516	2 daily contact with inmates or youth by working within a
1517	1517	3 correctional facility or Juvenile facility operated by the
1518	1518	4 Department of Juvenile Justice or who is a parole officer
1519	1519	5 or an employee who has direct contact with committed
1520	1520	6 persons in the performance of his or her job duties. For a
1521	1521	7 member who first becomes an employee under this Article on
1522	1522	8 or after July 1, 2005, the term means an employee of the
1523	1523	9 Department of Corrections or the Department of Juvenile
1524	1524	10 Justice who is any of the following: (i) officially
1525	1525	11 headquartered at a correctional facility or Juvenile
1526	1526	12 facility operated by the Department of Juvenile Justice,
1527	1527	13 (ii) a parole officer, (iii) a member of the apprehension
1528	1528	14 unit, (iv) a member of the intelligence unit, (v) a member
1529	1529	15 of the sort team, or (vi) an investigator.
1530	1530	16 (11) The term "dangerous drugs investigator" means any
1531	1531	17 person who is employed as such by the Department of Human
1532	1532	18 Services.
1533	1533	19 (12) The term "investigator for the Illinois State
1534	1534	20 Police" means a person employed by the Illinois State
1535	1535	21 Police who is vested under Section 4 of the Narcotic
1536	1536	22 Control Division Abolition Act with such law enforcement
1537	1537	23 powers as render him ineligible for coverage under the
1538	1538	24 Social Security Act by reason of Sections 218(d)(5)(A),
1539	1539	25 218(d)(8)(D) and 218(l)(1) of that Act.
1540	1540	26 (13) "Investigator for the Office of the Attorney
1541	1541
1542	1542
1543	1543
1544	1544
1545	1545
1546	1546	SB1692 - 42 - LRB103 27282 RPS 53653 b
1547	1547
1548	1548
1549	1549	SB1692- 43 -LRB103 27282 RPS 53653 b SB1692 - 43 - LRB103 27282 RPS 53653 b
1550	1550	SB1692 - 43 - LRB103 27282 RPS 53653 b
1551	1551	1 General" means any person who is employed as such by the
1552	1552	2 Office of the Attorney General and is vested with such
1553	1553	3 investigative duties as render him ineligible for coverage
1554	1554	4 under the Social Security Act by reason of Sections
1555	1555	5 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
1556	1556	6 the period before January 1, 1989, the term includes all
1557	1557	7 persons who were employed as investigators by the Office
1558	1558	8 of the Attorney General, without regard to social security
1559	1559	9 status.
1560	1560	10 (14) "Controlled substance inspector" means any person
1561	1561	11 who is employed as such by the Department of Professional
1562	1562	12 Regulation and is vested with such law enforcement duties
1563	1563	13 as render him ineligible for coverage under the Social
1564	1564	14 Security Act by reason of Sections 218(d)(5)(A),
1565	1565	15 218(d)(8)(D) and 218(l)(1) of that Act. The term
1566	1566	16 "controlled substance inspector" includes the Program
1567	1567	17 Executive of Enforcement and the Assistant Program
1568	1568	18 Executive of Enforcement.
1569	1569	19 (15) The term "investigator for the Office of the
1570	1570	20 State's Attorneys Appellate Prosecutor" means a person
1571	1571	21 employed in that capacity on a full-time basis under the
1572	1572	22 authority of Section 7.06 of the State's Attorneys
1573	1573	23 Appellate Prosecutor's Act.
1574	1574	24 (16) "Commerce Commission police officer" means any
1575	1575	25 person employed by the Illinois Commerce Commission who is
1576	1576	26 vested with such law enforcement duties as render him
1577	1577
1578	1578
1579	1579
1580	1580
1581	1581
1582	1582	SB1692 - 43 - LRB103 27282 RPS 53653 b
1583	1583
1584	1584
1585	1585	SB1692- 44 -LRB103 27282 RPS 53653 b SB1692 - 44 - LRB103 27282 RPS 53653 b
1586	1586	SB1692 - 44 - LRB103 27282 RPS 53653 b
1587	1587	1 ineligible for coverage under the Social Security Act by
1588	1588	2 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
1589	1589	3 218(l)(1) of that Act.
1590	1590	4 (17) "Arson investigator" means any person who is
1591	1591	5 employed as such by the Office of the State Fire Marshal
1592	1592	6 and is vested with such law enforcement duties as render
1593	1593	7 the person ineligible for coverage under the Social
1594	1594	8 Security Act by reason of Sections 218(d)(5)(A),
1595	1595	9 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
1596	1596	10 employed as an arson investigator on January 1, 1995 and
1597	1597	11 is no longer in service but not yet receiving a retirement
1598	1598	12 annuity may convert his or her creditable service for
1599	1599	13 employment as an arson investigator into eligible
1600	1600	14 creditable service by paying to the System the difference
1601	1601	15 between the employee contributions actually paid for that
1602	1602	16 service and the amounts that would have been contributed
1603	1603	17 if the applicant were contributing at the rate applicable
1604	1604	18 to persons with the same social security status earning
1605	1605	19 eligible creditable service on the date of application.
1606	1606	20 (18) The term "State highway maintenance worker" means
1607	1607	21 a person who is either of the following:
1608	1608	22 (i) A person employed on a full-time basis by the
1609	1609	23 Illinois Department of Transportation in the position
1610	1610	24 of highway maintainer, highway maintenance lead
1611	1611	25 worker, highway maintenance lead/lead worker, heavy
1612	1612	26 construction equipment operator, power shovel
1613	1613
1614	1614
1615	1615
1616	1616
1617	1617
1618	1618	SB1692 - 44 - LRB103 27282 RPS 53653 b
1619	1619
1620	1620
1621	1621	SB1692- 45 -LRB103 27282 RPS 53653 b SB1692 - 45 - LRB103 27282 RPS 53653 b
1622	1622	SB1692 - 45 - LRB103 27282 RPS 53653 b
1623	1623	1 operator, or bridge mechanic; and whose principal
1624	1624	2 responsibility is to perform, on the roadway, the
1625	1625	3 actual maintenance necessary to keep the highways that
1626	1626	4 form a part of the State highway system in serviceable
1627	1627	5 condition for vehicular traffic.
1628	1628	6 (ii) A person employed on a full-time basis by the
1629	1629	7 Illinois State Toll Highway Authority in the position
1630	1630	8 of equipment operator/laborer H-4, equipment
1631	1631	9 operator/laborer H-6, welder H-4, welder H-6,
1632	1632	10 mechanical/electrical H-4, mechanical/electrical H-6,
1633	1633	11 water/sewer H-4, water/sewer H-6, sign maker/hanger
1634	1634	12 H-4, sign maker/hanger H-6, roadway lighting H-4,
1635	1635	13 roadway lighting H-6, structural H-4, structural H-6,
1636	1636	14 painter H-4, or painter H-6; and whose principal
1637	1637	15 responsibility is to perform, on the roadway, the
1638	1638	16 actual maintenance necessary to keep the Authority's
1639	1639	17 tollways in serviceable condition for vehicular
1640	1640	18 traffic.
1641	1641	19 (19) The term "security employee of the Department of
1642	1642	20 Innovation and Technology" means a person who was a
1643	1643	21 security employee of the Department of Corrections or the
1644	1644	22 Department of Juvenile Justice, was transferred to the
1645	1645	23 Department of Innovation and Technology pursuant to
1646	1646	24 Executive Order 2016-01, and continues to perform similar
1647	1647	25 job functions under that Department.
1648	1648	26 (20) "Transferred employee" means an employee who was
1649	1649
1650	1650
1651	1651
1652	1652
1653	1653
1654	1654	SB1692 - 45 - LRB103 27282 RPS 53653 b
1655	1655
1656	1656
1657	1657	SB1692- 46 -LRB103 27282 RPS 53653 b SB1692 - 46 - LRB103 27282 RPS 53653 b
1658	1658	SB1692 - 46 - LRB103 27282 RPS 53653 b
1659	1659	1 transferred to the Department of Central Management
1660	1660	2 Services by Executive Order No. 2003-10 or Executive Order
1661	1661	3 No. 2004-2 or transferred to the Department of Innovation
1662	1662	4 and Technology by Executive Order No. 2016-1, or both, and
1663	1663	5 was entitled to eligible creditable service for services
1664	1664	6 immediately preceding the transfer.
1665	1665	7 (d) A security employee of the Department of Corrections
1666	1666	8 or the Department of Juvenile Justice, a security employee of
1667	1667	9 the Department of Human Services who is not a mental health
1668	1668	10 police officer, and a security employee of the Department of
1669	1669	11 Innovation and Technology shall not be eligible for the
1670	1670	12 alternative retirement annuity provided by this Section unless
1671	1671	13 he or she meets the following minimum age and service
1672	1672	14 requirements at the time of retirement:
1673	1673	15 (i) 25 years of eligible creditable service and age
1674	1674	16 55; or
1675	1675	17 (ii) beginning January 1, 1987, 25 years of eligible
1676	1676	18 creditable service and age 54, or 24 years of eligible
1677	1677	19 creditable service and age 55; or
1678	1678	20 (iii) beginning January 1, 1988, 25 years of eligible
1679	1679	21 creditable service and age 53, or 23 years of eligible
1680	1680	22 creditable service and age 55; or
1681	1681	23 (iv) beginning January 1, 1989, 25 years of eligible
1682	1682	24 creditable service and age 52, or 22 years of eligible
1683	1683	25 creditable service and age 55; or
1684	1684	26 (v) beginning January 1, 1990, 25 years of eligible
1685	1685
1686	1686
1687	1687
1688	1688
1689	1689
1690	1690	SB1692 - 46 - LRB103 27282 RPS 53653 b
1691	1691
1692	1692
1693	1693	SB1692- 47 -LRB103 27282 RPS 53653 b SB1692 - 47 - LRB103 27282 RPS 53653 b
1694	1694	SB1692 - 47 - LRB103 27282 RPS 53653 b
1695	1695	1 creditable service and age 51, or 21 years of eligible
1696	1696	2 creditable service and age 55; or
1697	1697	3 (vi) beginning January 1, 1991, 25 years of eligible
1698	1698	4 creditable service and age 50, or 20 years of eligible
1699	1699	5 creditable service and age 55.
1700	1700	6 Persons who have service credit under Article 16 of this
1701	1701	7 Code for service as a security employee of the Department of
1702	1702	8 Corrections or the Department of Juvenile Justice, or the
1703	1703	9 Department of Human Services in a position requiring
1704	1704	10 certification as a teacher may count such service toward
1705	1705	11 establishing their eligibility under the service requirements
1706	1706	12 of this Section; but such service may be used only for
1707	1707	13 establishing such eligibility, and not for the purpose of
1708	1708	14 increasing or calculating any benefit.
1709	1709	15 (e) If a member enters military service while working in a
1710	1710	16 position in which eligible creditable service may be earned,
1711	1711	17 and returns to State service in the same or another such
1712	1712	18 position, and fulfills in all other respects the conditions
1713	1713	19 prescribed in this Article for credit for military service,
1714	1714	20 such military service shall be credited as eligible creditable
1715	1715	21 service for the purposes of the retirement annuity prescribed
1716	1716	22 in this Section.
1717	1717	23 (f) For purposes of calculating retirement annuities under
1718	1718	24 this Section, periods of service rendered after December 31,
1719	1719	25 1968 and before October 1, 1975 as a covered employee in the
1720	1720	26 position of special agent, conservation police officer, mental
1721	1721
1722	1722
1723	1723
1724	1724
1725	1725
1726	1726	SB1692 - 47 - LRB103 27282 RPS 53653 b
1727	1727
1728	1728
1729	1729	SB1692- 48 -LRB103 27282 RPS 53653 b SB1692 - 48 - LRB103 27282 RPS 53653 b
1730	1730	SB1692 - 48 - LRB103 27282 RPS 53653 b
1731	1731	1 health police officer, or investigator for the Secretary of
1732	1732	2 State, shall be deemed to have been service as a noncovered
1733	1733	3 employee, provided that the employee pays to the System prior
1734	1734	4 to retirement an amount equal to (1) the difference between
1735	1735	5 the employee contributions that would have been required for
1736	1736	6 such service as a noncovered employee, and the amount of
1737	1737	7 employee contributions actually paid, plus (2) if payment is
1738	1738	8 made after July 31, 1987, regular interest on the amount
1739	1739	9 specified in item (1) from the date of service to the date of
1740	1740	10 payment.
1741	1741	11 For purposes of calculating retirement annuities under
1742	1742	12 this Section, periods of service rendered after December 31,
1743	1743	13 1968 and before January 1, 1982 as a covered employee in the
1744	1744	14 position of investigator for the Department of Revenue shall
1745	1745	15 be deemed to have been service as a noncovered employee,
1746	1746	16 provided that the employee pays to the System prior to
1747	1747	17 retirement an amount equal to (1) the difference between the
1748	1748	18 employee contributions that would have been required for such
1749	1749	19 service as a noncovered employee, and the amount of employee
1750	1750	20 contributions actually paid, plus (2) if payment is made after
1751	1751	21 January 1, 1990, regular interest on the amount specified in
1752	1752	22 item (1) from the date of service to the date of payment.
1753	1753	23 (g) A State policeman may elect, not later than January 1,
1754	1754	24 1990, to establish eligible creditable service for up to 10
1755	1755	25 years of his service as a policeman under Article 3, by filing
1756	1756	26 a written election with the Board, accompanied by payment of
1757	1757
1758	1758
1759	1759
1760	1760
1761	1761
1762	1762	SB1692 - 48 - LRB103 27282 RPS 53653 b
1763	1763
1764	1764
1765	1765	SB1692- 49 -LRB103 27282 RPS 53653 b SB1692 - 49 - LRB103 27282 RPS 53653 b
1766	1766	SB1692 - 49 - LRB103 27282 RPS 53653 b
1767	1767	1 an amount to be determined by the Board, equal to (i) the
1768	1768	2 difference between the amount of employee and employer
1769	1769	3 contributions transferred to the System under Section 3-110.5,
1770	1770	4 and the amounts that would have been contributed had such
1771	1771	5 contributions been made at the rates applicable to State
1772	1772	6 policemen, plus (ii) interest thereon at the effective rate
1773	1773	7 for each year, compounded annually, from the date of service
1774	1774	8 to the date of payment.
1775	1775	9 Subject to the limitation in subsection (i), a State
1776	1776	10 policeman may elect, not later than July 1, 1993, to establish
1777	1777	11 eligible creditable service for up to 10 years of his service
1778	1778	12 as a member of the County Police Department under Article 9, by
1779	1779	13 filing a written election with the Board, accompanied by
1780	1780	14 payment of an amount to be determined by the Board, equal to
1781	1781	15 (i) the difference between the amount of employee and employer
1782	1782	16 contributions transferred to the System under Section 9-121.10
1783	1783	17 and the amounts that would have been contributed had those
1784	1784	18 contributions been made at the rates applicable to State
1785	1785	19 policemen, plus (ii) interest thereon at the effective rate
1786	1786	20 for each year, compounded annually, from the date of service
1787	1787	21 to the date of payment.
1788	1788	22 (h) Subject to the limitation in subsection (i), a State
1789	1789	23 policeman or investigator for the Secretary of State may elect
1790	1790	24 to establish eligible creditable service for up to 12 years of
1791	1791	25 his service as a policeman under Article 5, by filing a written
1792	1792	26 election with the Board on or before January 31, 1992, and
1793	1793
1794	1794
1795	1795
1796	1796
1797	1797
1798	1798	SB1692 - 49 - LRB103 27282 RPS 53653 b
1799	1799
1800	1800
1801	1801	SB1692- 50 -LRB103 27282 RPS 53653 b SB1692 - 50 - LRB103 27282 RPS 53653 b
1802	1802	SB1692 - 50 - LRB103 27282 RPS 53653 b
1803	1803	1 paying to the System by January 31, 1994 an amount to be
1804	1804	2 determined by the Board, equal to (i) the difference between
1805	1805	3 the amount of employee and employer contributions transferred
1806	1806	4 to the System under Section 5-236, and the amounts that would
1807	1807	5 have been contributed had such contributions been made at the
1808	1808	6 rates applicable to State policemen, plus (ii) interest
1809	1809	7 thereon at the effective rate for each year, compounded
1810	1810	8 annually, from the date of service to the date of payment.
1811	1811	9 Subject to the limitation in subsection (i), a State
1812	1812	10 policeman, conservation police officer, or investigator for
1813	1813	11 the Secretary of State may elect to establish eligible
1814	1814	12 creditable service for up to 10 years of service as a sheriff's
1815	1815	13 law enforcement employee under Article 7, by filing a written
1816	1816	14 election with the Board on or before January 31, 1993, and
1817	1817	15 paying to the System by January 31, 1994 an amount to be
1818	1818	16 determined by the Board, equal to (i) the difference between
1819	1819	17 the amount of employee and employer contributions transferred
1820	1820	18 to the System under Section 7-139.7, and the amounts that
1821	1821	19 would have been contributed had such contributions been made
1822	1822	20 at the rates applicable to State policemen, plus (ii) interest
1823	1823	21 thereon at the effective rate for each year, compounded
1824	1824	22 annually, from the date of service to the date of payment.
1825	1825	23 Subject to the limitation in subsection (i), a State
1826	1826	24 policeman, conservation police officer, or investigator for
1827	1827	25 the Secretary of State may elect to establish eligible
1828	1828	26 creditable service for up to 5 years of service as a police
1829	1829
1830	1830
1831	1831
1832	1832
1833	1833
1834	1834	SB1692 - 50 - LRB103 27282 RPS 53653 b
1835	1835
1836	1836
1837	1837	SB1692- 51 -LRB103 27282 RPS 53653 b SB1692 - 51 - LRB103 27282 RPS 53653 b
1838	1838	SB1692 - 51 - LRB103 27282 RPS 53653 b
1839	1839	1 officer under Article 3, a policeman under Article 5, a
1840	1840	2 sheriff's law enforcement employee under Article 7, a member
1841	1841	3 of the county police department under Article 9, or a police
1842	1842	4 officer under Article 15 by filing a written election with the
1843	1843	5 Board and paying to the System an amount to be determined by
1844	1844	6 the Board, equal to (i) the difference between the amount of
1845	1845	7 employee and employer contributions transferred to the System
1846	1846	8 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
1847	1847	9 and the amounts that would have been contributed had such
1848	1848	10 contributions been made at the rates applicable to State
1849	1849	11 policemen, plus (ii) interest thereon at the effective rate
1850	1850	12 for each year, compounded annually, from the date of service
1851	1851	13 to the date of payment.
1852	1852	14 Subject to the limitation in subsection (i), an
1853	1853	15 investigator for the Office of the Attorney General, or an
1854	1854	16 investigator for the Department of Revenue, may elect to
1855	1855	17 establish eligible creditable service for up to 5 years of
1856	1856	18 service as a police officer under Article 3, a policeman under
1857	1857	19 Article 5, a sheriff's law enforcement employee under Article
1858	1858	20 7, or a member of the county police department under Article 9
1859	1859	21 by filing a written election with the Board within 6 months
1860	1860	22 after August 25, 2009 (the effective date of Public Act
1861	1861	23 96-745) and paying to the System an amount to be determined by
1862	1862	24 the Board, equal to (i) the difference between the amount of
1863	1863	25 employee and employer contributions transferred to the System
1864	1864	26 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
1865	1865
1866	1866
1867	1867
1868	1868
1869	1869
1870	1870	SB1692 - 51 - LRB103 27282 RPS 53653 b
1871	1871
1872	1872
1873	1873	SB1692- 52 -LRB103 27282 RPS 53653 b SB1692 - 52 - LRB103 27282 RPS 53653 b
1874	1874	SB1692 - 52 - LRB103 27282 RPS 53653 b
1875	1875	1 amounts that would have been contributed had such
1876	1876	2 contributions been made at the rates applicable to State
1877	1877	3 policemen, plus (ii) interest thereon at the actuarially
1878	1878	4 assumed rate for each year, compounded annually, from the date
1879	1879	5 of service to the date of payment.
1880	1880	6 Subject to the limitation in subsection (i), a State
1881	1881	7 policeman, conservation police officer, investigator for the
1882	1882	8 Office of the Attorney General, an investigator for the
1883	1883	9 Department of Revenue, or investigator for the Secretary of
1884	1884	10 State may elect to establish eligible creditable service for
1885	1885	11 up to 5 years of service as a person employed by a
1886	1886	12 participating municipality to perform police duties, or law
1887	1887	13 enforcement officer employed on a full-time basis by a forest
1888	1888	14 preserve district under Article 7, a county corrections
1889	1889	15 officer, or a court services officer under Article 9, by
1890	1890	16 filing a written election with the Board within 6 months after
1891	1891	17 August 25, 2009 (the effective date of Public Act 96-745) and
1892	1892	18 paying to the System an amount to be determined by the Board,
1893	1893	19 equal to (i) the difference between the amount of employee and
1894	1894	20 employer contributions transferred to the System under
1895	1895	21 Sections 7-139.8 and 9-121.10 and the amounts that would have
1896	1896	22 been contributed had such contributions been made at the rates
1897	1897	23 applicable to State policemen, plus (ii) interest thereon at
1898	1898	24 the actuarially assumed rate for each year, compounded
1899	1899	25 annually, from the date of service to the date of payment.
1900	1900	26 Subject to the limitation in subsection (i), a State
1901	1901
1902	1902
1903	1903
1904	1904
1905	1905
1906	1906	SB1692 - 52 - LRB103 27282 RPS 53653 b
1907	1907
1908	1908
1909	1909	SB1692- 53 -LRB103 27282 RPS 53653 b SB1692 - 53 - LRB103 27282 RPS 53653 b
1910	1910	SB1692 - 53 - LRB103 27282 RPS 53653 b
1911	1911	1 policeman, arson investigator, or Commerce Commission police
1912	1912	2 officer may elect to establish eligible creditable service for
1913	1913	3 up to 5 years of service as a person employed by a
1914	1914	4 participating municipality to perform police duties under
1915	1915	5 Article 7, a county corrections officer, a court services
1916	1916	6 officer under Article 9, or a firefighter under Article 4 by
1917	1917	7 filing a written election with the Board within 6 months after
1918	1918	8 July 30, 2021 (the effective date of Public Act 102-210) and
1919	1919	9 paying to the System an amount to be determined by the Board
1920	1920	10 equal to (i) the difference between the amount of employee and
1921	1921	11 employer contributions transferred to the System under
1922	1922	12 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
1923	1923	13 would have been contributed had such contributions been made
1924	1924	14 at the rates applicable to State policemen, plus (ii) interest
1925	1925	15 thereon at the actuarially assumed rate for each year,
1926	1926	16 compounded annually, from the date of service to the date of
1927	1927	17 payment.
1928	1928	18 Subject to the limitation in subsection (i), a
1929	1929	19 conservation police officer may elect to establish eligible
1930	1930	20 creditable service for up to 5 years of service as a person
1931	1931	21 employed by a participating municipality to perform police
1932	1932	22 duties under Article 7, a county corrections officer, or a
1933	1933	23 court services officer under Article 9 by filing a written
1934	1934	24 election with the Board within 6 months after July 30, 2021
1935	1935	25 (the effective date of Public Act 102-210) and paying to the
1936	1936	26 System an amount to be determined by the Board equal to (i) the
1937	1937
1938	1938
1939	1939
1940	1940
1941	1941
1942	1942	SB1692 - 53 - LRB103 27282 RPS 53653 b
1943	1943
1944	1944
1945	1945	SB1692- 54 -LRB103 27282 RPS 53653 b SB1692 - 54 - LRB103 27282 RPS 53653 b
1946	1946	SB1692 - 54 - LRB103 27282 RPS 53653 b
1947	1947	1 difference between the amount of employee and employer
1948	1948	2 contributions transferred to the System under Sections 7-139.8
1949	1949	3 and 9-121.10 and the amounts that would have been contributed
1950	1950	4 had such contributions been made at the rates applicable to
1951	1951	5 State policemen, plus (ii) interest thereon at the actuarially
1952	1952	6 assumed rate for each year, compounded annually, from the date
1953	1953	7 of service to the date of payment.
1954	1954	8 Subject to the limitation in subsection (i), an
1955	1955	9 investigator for the Department of Revenue, investigator for
1956	1956	10 the Illinois Gaming Board, investigator for the Secretary of
1957	1957	11 State, or arson investigator may elect to establish eligible
1958	1958	12 creditable service for up to 5 years of service as a person
1959	1959	13 employed by a participating municipality to perform police
1960	1960	14 duties under Article 7, a county corrections officer, a court
1961	1961	15 services officer under Article 9, or a firefighter under
1962	1962	16 Article 4 by filing a written election with the Board within 6
1963	1963	17 months after the effective date of this amendatory Act of the
1964	1964	18 102nd General Assembly and paying to the System an amount to be
1965	1965	19 determined by the Board equal to (i) the difference between
1966	1966	20 the amount of employee and employer contributions transferred
1967	1967	21 to the System under Sections 4-108.8, 7-139.8, and 9-121.10
1968	1968	22 and the amounts that would have been contributed had such
1969	1969	23 contributions been made at the rates applicable to State
1970	1970	24 policemen, plus (ii) interest thereon at the actuarially
1971	1971	25 assumed rate for each year, compounded annually, from the date
1972	1972	26 of service to the date of payment.
1973	1973
1974	1974
1975	1975
1976	1976
1977	1977
1978	1978	SB1692 - 54 - LRB103 27282 RPS 53653 b
1979	1979
1980	1980
1981	1981	SB1692- 55 -LRB103 27282 RPS 53653 b SB1692 - 55 - LRB103 27282 RPS 53653 b
1982	1982	SB1692 - 55 - LRB103 27282 RPS 53653 b
1983	1983	1 Notwithstanding the limitation in subsection (i), a State
1984	1984	2 policeman or conservation police officer may elect to convert
1985	1985	3 service credit earned under this Article to eligible
1986	1986	4 creditable service, as defined by this Section, by filing a
1987	1987	5 written election with the Board board within 6 months after
1988	1988	6 July 30, 2021 (the effective date of Public Act 102-210) and
1989	1989	7 paying to the System an amount to be determined by the Board
1990	1990	8 equal to (i) the difference between the amount of employee
1991	1991	9 contributions originally paid for that service and the amounts
1992	1992	10 that would have been contributed had such contributions been
1993	1993	11 made at the rates applicable to State policemen, plus (ii) the
1994	1994	12 difference between the employer's normal cost of the credit
1995	1995	13 prior to the conversion authorized by this amendatory Act of
1996	1996	14 the 103rd General Assembly Public Act 102-210 and the
1997	1997	15 employer's normal cost of the credit converted in accordance
1998	1998	16 with this amendatory Act of the 103rd General Assembly Public
1999	1999	17 Act 102-210, plus (iii) interest thereon at the actuarially
2000	2000	18 assumed rate for each year, compounded annually, from the date
2001	2001	19 of service to the date of payment.
2002	2002	20 Notwithstanding the limitation in subsection (i), an
2003	2003	21 investigator for the Department of Revenue, investigator for
2004	2004	22 the Illinois Gaming Board, investigator for the Secretary of
2005	2005	23 State, or arson investigator may elect to convert service
2006	2006	24 credit earned under this Article to eligible creditable
2007	2007	25 service, as defined by this Section, by filing a written
2008	2008	26 election with the Board within 6 months after the effective
2009	2009
2010	2010
2011	2011
2012	2012
2013	2013
2014	2014	SB1692 - 55 - LRB103 27282 RPS 53653 b
2015	2015
2016	2016
2017	2017	SB1692- 56 -LRB103 27282 RPS 53653 b SB1692 - 56 - LRB103 27282 RPS 53653 b
2018	2018	SB1692 - 56 - LRB103 27282 RPS 53653 b
2019	2019	1 date of this amendatory Act of the 102nd General Assembly and
2020	2020	2 paying to the System an amount to be determined by the Board
2021	2021	3 equal to (i) the difference between the amount of employee
2022	2022	4 contributions originally paid for that service and the amounts
2023	2023	5 that would have been contributed had such contributions been
2024	2024	6 made at the rates applicable to investigators for the
2025	2025	7 Department of Revenue, investigators for the Illinois Gaming
2026	2026	8 Board, investigators for the Secretary of State, or arson
2027	2027	9 investigators, plus (ii) the difference between the employer's
2028	2028	10 normal cost of the credit prior to the conversion authorized
2029	2029	11 by this amendatory Act of the 102nd General Assembly and the
2030	2030	12 employer's normal cost of the credit converted in accordance
2031	2031	13 with this amendatory Act of the 102nd General Assembly, plus
2032	2032	14 (iii) interest thereon at the actuarially assumed rate for
2033	2033	15 each year, compounded annually, from the date of service to
2034	2034	16 the date of payment.
2035	2035	17 (i) The total amount of eligible creditable service
2036	2036	18 established by any person under subsections (g), (h), (j),
2037	2037	19 (k), (l), (l-5), and (o) of this Section shall not exceed 12
2038	2038	20 years.
2039	2039	21 (j) Subject to the limitation in subsection (i), an
2040	2040	22 investigator for the Office of the State's Attorneys Appellate
2041	2041	23 Prosecutor or a controlled substance inspector may elect to
2042	2042	24 establish eligible creditable service for up to 10 years of
2043	2043	25 his service as a policeman under Article 3 or a sheriff's law
2044	2044	26 enforcement employee under Article 7, by filing a written
2045	2045
2046	2046
2047	2047
2048	2048
2049	2049
2050	2050	SB1692 - 56 - LRB103 27282 RPS 53653 b
2051	2051
2052	2052
2053	2053	SB1692- 57 -LRB103 27282 RPS 53653 b SB1692 - 57 - LRB103 27282 RPS 53653 b
2054	2054	SB1692 - 57 - LRB103 27282 RPS 53653 b
2055	2055	1 election with the Board, accompanied by payment of an amount
2056	2056	2 to be determined by the Board, equal to (1) the difference
2057	2057	3 between the amount of employee and employer contributions
2058	2058	4 transferred to the System under Section 3-110.6 or 7-139.8,
2059	2059	5 and the amounts that would have been contributed had such
2060	2060	6 contributions been made at the rates applicable to State
2061	2061	7 policemen, plus (2) interest thereon at the effective rate for
2062	2062	8 each year, compounded annually, from the date of service to
2063	2063	9 the date of payment.
2064	2064	10 (k) Subject to the limitation in subsection (i) of this
2065	2065	11 Section, an alternative formula employee may elect to
2066	2066	12 establish eligible creditable service for periods spent as a
2067	2067	13 full-time law enforcement officer or full-time corrections
2068	2068	14 officer employed by the federal government or by a state or
2069	2069	15 local government located outside of Illinois, for which credit
2070	2070	16 is not held in any other public employee pension fund or
2071	2071	17 retirement system. To obtain this credit, the applicant must
2072	2072	18 file a written application with the Board by March 31, 1998,
2073	2073	19 accompanied by evidence of eligibility acceptable to the Board
2074	2074	20 and payment of an amount to be determined by the Board, equal
2075	2075	21 to (1) employee contributions for the credit being
2076	2076	22 established, based upon the applicant's salary on the first
2077	2077	23 day as an alternative formula employee after the employment
2078	2078	24 for which credit is being established and the rates then
2079	2079	25 applicable to alternative formula employees, plus (2) an
2080	2080	26 amount determined by the Board to be the employer's normal
2081	2081
2082	2082
2083	2083
2084	2084
2085	2085
2086	2086	SB1692 - 57 - LRB103 27282 RPS 53653 b
2087	2087
2088	2088
2089	2089	SB1692- 58 -LRB103 27282 RPS 53653 b SB1692 - 58 - LRB103 27282 RPS 53653 b
2090	2090	SB1692 - 58 - LRB103 27282 RPS 53653 b
2091	2091	1 cost of the benefits accrued for the credit being established,
2092	2092	2 plus (3) regular interest on the amounts in items (1) and (2)
2093	2093	3 from the first day as an alternative formula employee after
2094	2094	4 the employment for which credit is being established to the
2095	2095	5 date of payment.
2096	2096	6 (l) Subject to the limitation in subsection (i), a
2097	2097	7 security employee of the Department of Corrections may elect,
2098	2098	8 not later than July 1, 1998, to establish eligible creditable
2099	2099	9 service for up to 10 years of his or her service as a policeman
2100	2100	10 under Article 3, by filing a written election with the Board,
2101	2101	11 accompanied by payment of an amount to be determined by the
2102	2102	12 Board, equal to (i) the difference between the amount of
2103	2103	13 employee and employer contributions transferred to the System
2104	2104	14 under Section 3-110.5, and the amounts that would have been
2105	2105	15 contributed had such contributions been made at the rates
2106	2106	16 applicable to security employees of the Department of
2107	2107	17 Corrections, plus (ii) interest thereon at the effective rate
2108	2108	18 for each year, compounded annually, from the date of service
2109	2109	19 to the date of payment.
2110	2110	20 (l-5) Subject to the limitation in subsection (i) of this
2111	2111	21 Section, a State policeman may elect to establish eligible
2112	2112	22 creditable service for up to 5 years of service as a full-time
2113	2113	23 law enforcement officer employed by the federal government or
2114	2114	24 by a state or local government located outside of Illinois for
2115	2115	25 which credit is not held in any other public employee pension
2116	2116	26 fund or retirement system. To obtain this credit, the
2117	2117
2118	2118
2119	2119
2120	2120
2121	2121
2122	2122	SB1692 - 58 - LRB103 27282 RPS 53653 b
2123	2123
2124	2124
2125	2125	SB1692- 59 -LRB103 27282 RPS 53653 b SB1692 - 59 - LRB103 27282 RPS 53653 b
2126	2126	SB1692 - 59 - LRB103 27282 RPS 53653 b
2127	2127	1 applicant must file a written application with the Board no
2128	2128	2 later than 3 years after January 1, 2020 (the effective date of
2129	2129	3 Public Act 101-610), accompanied by evidence of eligibility
2130	2130	4 acceptable to the Board and payment of an amount to be
2131	2131	5 determined by the Board, equal to (1) employee contributions
2132	2132	6 for the credit being established, based upon the applicant's
2133	2133	7 salary on the first day as an alternative formula employee
2134	2134	8 after the employment for which credit is being established and
2135	2135	9 the rates then applicable to alternative formula employees,
2136	2136	10 plus (2) an amount determined by the Board to be the employer's
2137	2137	11 normal cost of the benefits accrued for the credit being
2138	2138	12 established, plus (3) regular interest on the amounts in items
2139	2139	13 (1) and (2) from the first day as an alternative formula
2140	2140	14 employee after the employment for which credit is being
2141	2141	15 established to the date of payment.
2142	2142	16 (m) The amendatory changes to this Section made by Public
2143	2143	17 Act 94-696 apply only to: (1) security employees of the
2144	2144	18 Department of Juvenile Justice employed by the Department of
2145	2145	19 Corrections before June 1, 2006 (the effective date of Public
2146	2146	20 Act 94-696) and transferred to the Department of Juvenile
2147	2147	21 Justice by Public Act 94-696; and (2) persons employed by the
2148	2148	22 Department of Juvenile Justice on or after June 1, 2006 (the
2149	2149	23 effective date of Public Act 94-696) who are required by
2150	2150	24 subsection (b) of Section 3-2.5-15 of the Unified Code of
2151	2151	25 Corrections to have any bachelor's or advanced degree from an
2152	2152	26 accredited college or university or, in the case of persons
2153	2153
2154	2154
2155	2155
2156	2156
2157	2157
2158	2158	SB1692 - 59 - LRB103 27282 RPS 53653 b
2159	2159
2160	2160
2161	2161	SB1692- 60 -LRB103 27282 RPS 53653 b SB1692 - 60 - LRB103 27282 RPS 53653 b
2162	2162	SB1692 - 60 - LRB103 27282 RPS 53653 b
2163	2163	1 who provide vocational training, who are required to have
2164	2164	2 adequate knowledge in the skill for which they are providing
2165	2165	3 the vocational training.
2166	2166	4 (n) A person employed in a position under subsection (b)
2167	2167	5 of this Section who has purchased service credit under
2168	2168	6 subsection (j) of Section 14-104 or subsection (b) of Section
2169	2169	7 14-105 in any other capacity under this Article may convert up
2170	2170	8 to 5 years of that service credit into service credit covered
2171	2171	9 under this Section by paying to the Fund an amount equal to (1)
2172	2172	10 the additional employee contribution required under Section
2173	2173	11 14-133, plus (2) the additional employer contribution required
2174	2174	12 under Section 14-131, plus (3) interest on items (1) and (2) at
2175	2175	13 the actuarially assumed rate from the date of the service to
2176	2176	14 the date of payment.
2177	2177	15 (o) Subject to the limitation in subsection (i), a
2178	2178	16 conservation police officer, investigator for the Secretary of
2179	2179	17 State, Commerce Commission police officer, investigator for
2180	2180	18 the Department of Revenue or the Illinois Gaming Board, or
2181	2181	19 arson investigator subject to subsection (g) of Section 1-160
2182	2182	20 may elect to convert up to 8 years of service credit
2183	2183	21 established before January 1, 2020 (the effective date of
2184	2184	22 Public Act 101-610) as a conservation police officer,
2185	2185	23 investigator for the Secretary of State, Commerce Commission
2186	2186	24 police officer, investigator for the Department of Revenue or
2187	2187	25 the Illinois Gaming Board, or arson investigator under this
2188	2188	26 Article into eligible creditable service by filing a written
2189	2189
2190	2190
2191	2191
2192	2192
2193	2193
2194	2194	SB1692 - 60 - LRB103 27282 RPS 53653 b
2195	2195
2196	2196
2197	2197	SB1692- 61 -LRB103 27282 RPS 53653 b SB1692 - 61 - LRB103 27282 RPS 53653 b
2198	2198	SB1692 - 61 - LRB103 27282 RPS 53653 b
2199	2199	1 election with the Board no later than one year after January 1,
2200	2200	2 2020 (the effective date of Public Act 101-610), accompanied
2201	2201	3 by payment of an amount to be determined by the Board equal to
2202	2202	4 (i) the difference between the amount of the employee
2203	2203	5 contributions actually paid for that service and the amount of
2204	2204	6 the employee contributions that would have been paid had the
2205	2205	7 employee contributions been made as a noncovered employee
2206	2206	8 serving in a position in which eligible creditable service, as
2207	2207	9 defined in this Section, may be earned, plus (ii) interest
2208	2208	10 thereon at the effective rate for each year, compounded
2209	2209	11 annually, from the date of service to the date of payment.
2210	2210	12 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
2211	2211	13 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
2212	2212	14 (Text of Section from P.A. 102-956)
2213	2213	15 Sec. 14-110. Alternative retirement annuity.
2214	2214	16 (a) Any member who has withdrawn from service with not
2215	2215	17 less than 20 years of eligible creditable service and has
2216	2216	18 attained age 55, and any member who has withdrawn from service
2217	2217	19 with not less than 25 years of eligible creditable service and
2218	2218	20 has attained age 50, regardless of whether the attainment of
2219	2219	21 either of the specified ages occurs while the member is still
2220	2220	22 in service, shall be entitled to receive at the option of the
2221	2221	23 member, in lieu of the regular or minimum retirement annuity,
2222	2222	24 a retirement annuity computed as follows:
2223	2223	25 (i) for periods of service as a noncovered employee:
2224	2224
2225	2225
2226	2226
2227	2227
2228	2228
2229	2229	SB1692 - 61 - LRB103 27282 RPS 53653 b
2230	2230
2231	2231
2232	2232	SB1692- 62 -LRB103 27282 RPS 53653 b SB1692 - 62 - LRB103 27282 RPS 53653 b
2233	2233	SB1692 - 62 - LRB103 27282 RPS 53653 b
2234	2234	1 if retirement occurs on or after January 1, 2001, 3% of
2235	2235	2 final average compensation for each year of creditable
2236	2236	3 service; if retirement occurs before January 1, 2001, 2
2237	2237	4 1/4% of final average compensation for each of the first
2238	2238	5 10 years of creditable service, 2 1/2% for each year above
2239	2239	6 10 years to and including 20 years of creditable service,
2240	2240	7 and 2 3/4% for each year of creditable service above 20
2241	2241	8 years; and
2242	2242	9 (ii) for periods of eligible creditable service as a
2243	2243	10 covered employee: if retirement occurs on or after January
2244	2244	11 1, 2001, 2.5% of final average compensation for each year
2245	2245	12 of creditable service; if retirement occurs before January
2246	2246	13 1, 2001, 1.67% of final average compensation for each of
2247	2247	14 the first 10 years of such service, 1.90% for each of the
2248	2248	15 next 10 years of such service, 2.10% for each year of such
2249	2249	16 service in excess of 20 but not exceeding 30, and 2.30% for
2250	2250	17 each year in excess of 30.
2251	2251	18 Such annuity shall be subject to a maximum of 75% of final
2252	2252	19 average compensation if retirement occurs before January 1,
2253	2253	20 2001 or to a maximum of 80% of final average compensation if
2254	2254	21 retirement occurs on or after January 1, 2001.
2255	2255	22 These rates shall not be applicable to any service
2256	2256	23 performed by a member as a covered employee which is not
2257	2257	24 eligible creditable service. Service as a covered employee
2258	2258	25 which is not eligible creditable service shall be subject to
2259	2259	26 the rates and provisions of Section 14-108.
2260	2260
2261	2261
2262	2262
2263	2263
2264	2264
2265	2265	SB1692 - 62 - LRB103 27282 RPS 53653 b
2266	2266
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2269	2269	SB1692 - 63 - LRB103 27282 RPS 53653 b
2270	2270	1 (a-5) Notwithstanding the applicable age eligibility
2271	2271	2 requirements of subsection (a) of this Section, beginning on
2272	2272	3 the effective date of this amendatory Act of the 103rd General
2273	2273	4 Assembly through the end of the 60th month after the effective
2274	2274	5 date of this amendatory Act of the 103rd General Assembly, a
2275	2275	6 State policeman who earns a retirement annuity equal to the
2276	2276	7 limitation specified under subsection (a) of this Section, may
2277	2277	8 elect to begin his or her retirement annuity effective on the
2278	2278	9 month he or she first earned that retirement annuity at the
2279	2279	10 amount so limited or the effective date of this amendatory Act
2280	2280	11 of the 103rd General Assembly, whichever is later. A State
2281	2281	12 policeman who elects to retire under the provisions of this
2282	2282	13 subsection must first pay to the System an amount equal to the
2283	2283	14 increase in the present value of the future benefits resulting
2284	2284	15 from the State policeman's election to retire in accordance
2285	2285	16 with this subsection.
2286	2286	17 (b) For the purpose of this Section, "eligible creditable
2287	2287	18 service" means creditable service resulting from service in
2288	2288	19 one or more of the following positions:
2289	2289	20 (1) State policeman;
2290	2290	21 (2) fire fighter in the fire protection service of a
2291	2291	22 department;
2292	2292	23 (3) air pilot;
2293	2293	24 (4) special agent;
2294	2294	25 (5) investigator for the Secretary of State;
2295	2295	26 (6) conservation police officer;
2296	2296
2297	2297
2298	2298
2299	2299
2300	2300
2301	2301	SB1692 - 63 - LRB103 27282 RPS 53653 b
2302	2302
2303	2303
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2305	2305	SB1692 - 64 - LRB103 27282 RPS 53653 b
2306	2306	1 (7) investigator for the Department of Revenue or the
2307	2307	2 Illinois Gaming Board;
2308	2308	3 (8) security employee of the Department of Human
2309	2309	4 Services;
2310	2310	5 (9) Central Management Services security police
2311	2311	6 officer;
2312	2312	7 (10) security employee of the Department of
2313	2313	8 Corrections or the Department of Juvenile Justice;
2314	2314	9 (11) dangerous drugs investigator;
2315	2315	10 (12) investigator for the Illinois State Police;
2316	2316	11 (13) investigator for the Office of the Attorney
2317	2317	12 General;
2318	2318	13 (14) controlled substance inspector;
2319	2319	14 (15) investigator for the Office of the State's
2320	2320	15 Attorneys Appellate Prosecutor;
2321	2321	16 (16) Commerce Commission police officer;
2322	2322	17 (17) arson investigator;
2323	2323	18 (18) State highway maintenance worker;
2324	2324	19 (19) security employee of the Department of Innovation
2325	2325	20 and Technology; or
2326	2326	21 (20) transferred employee.
2327	2327	22 A person employed in one of the positions specified in
2328	2328	23 this subsection is entitled to eligible creditable service for
2329	2329	24 service credit earned under this Article while undergoing the
2330	2330	25 basic police training course approved by the Illinois Law
2331	2331	26 Enforcement Training Standards Board, if completion of that
2332	2332
2333	2333
2334	2334
2335	2335
2336	2336
2337	2337	SB1692 - 64 - LRB103 27282 RPS 53653 b
2338	2338
2339	2339
2340	2340	SB1692- 65 -LRB103 27282 RPS 53653 b SB1692 - 65 - LRB103 27282 RPS 53653 b
2341	2341	SB1692 - 65 - LRB103 27282 RPS 53653 b
2342	2342	1 training is required of persons serving in that position. For
2343	2343	2 the purposes of this Code, service during the required basic
2344	2344	3 police training course shall be deemed performance of the
2345	2345	4 duties of the specified position, even though the person is
2346	2346	5 not a sworn peace officer at the time of the training.
2347	2347	6 A person under paragraph (20) is entitled to eligible
2348	2348	7 creditable service for service credit earned under this
2349	2349	8 Article on and after his or her transfer by Executive Order No.
2350	2350	9 2003-10, Executive Order No. 2004-2, or Executive Order No.
2351	2351	10 2016-1.
2352	2352	11 (c) For the purposes of this Section:
2353	2353	12 (1) The term "State policeman" includes any title or
2354	2354	13 position in the Illinois State Police that is held by an
2355	2355	14 individual employed under the Illinois State Police Act.
2356	2356	15 (2) The term "fire fighter in the fire protection
2357	2357	16 service of a department" includes all officers in such
2358	2358	17 fire protection service including fire chiefs and
2359	2359	18 assistant fire chiefs.
2360	2360	19 (3) The term "air pilot" includes any employee whose
2361	2361	20 official job description on file in the Department of
2362	2362	21 Central Management Services, or in the department by which
2363	2363	22 he is employed if that department is not covered by the
2364	2364	23 Personnel Code, states that his principal duty is the
2365	2365	24 operation of aircraft, and who possesses a pilot's
2366	2366	25 license; however, the change in this definition made by
2367	2367	26 Public Act 83-842 shall not operate to exclude any
2368	2368
2369	2369
2370	2370
2371	2371
2372	2372
2373	2373	SB1692 - 65 - LRB103 27282 RPS 53653 b
2374	2374
2375	2375
2376	2376	SB1692- 66 -LRB103 27282 RPS 53653 b SB1692 - 66 - LRB103 27282 RPS 53653 b
2377	2377	SB1692 - 66 - LRB103 27282 RPS 53653 b
2378	2378	1 noncovered employee who was an "air pilot" for the
2379	2379	2 purposes of this Section on January 1, 1984.
2380	2380	3 (4) The term "special agent" means any person who by
2381	2381	4 reason of employment by the Division of Narcotic Control,
2382	2382	5 the Bureau of Investigation or, after July 1, 1977, the
2383	2383	6 Division of Criminal Investigation, the Division of
2384	2384	7 Internal Investigation, the Division of Operations, the
2385	2385	8 Division of Patrol Operations, or any other Division or
2386	2386	9 organizational entity in the Illinois State Police is
2387	2387	10 vested by law with duties to maintain public order,
2388	2388	11 investigate violations of the criminal law of this State,
2389	2389	12 enforce the laws of this State, make arrests and recover
2390	2390	13 property. The term "special agent" includes any title or
2391	2391	14 position in the Illinois State Police that is held by an
2392	2392	15 individual employed under the Illinois State Police Act.
2393	2393	16 (5) The term "investigator for the Secretary of State"
2394	2394	17 means any person employed by the Office of the Secretary
2395	2395	18 of State and vested with such investigative duties as
2396	2396	19 render him ineligible for coverage under the Social
2397	2397	20 Security Act by reason of Sections 218(d)(5)(A),
2398	2398	21 218(d)(8)(D) and 218(l)(1) of that Act.
2399	2399	22 A person who became employed as an investigator for
2400	2400	23 the Secretary of State between January 1, 1967 and
2401	2401	24 December 31, 1975, and who has served as such until
2402	2402	25 attainment of age 60, either continuously or with a single
2403	2403	26 break in service of not more than 3 years duration, which
2404	2404
2405	2405
2406	2406
2407	2407
2408	2408
2409	2409	SB1692 - 66 - LRB103 27282 RPS 53653 b
2410	2410
2411	2411
2412	2412	SB1692- 67 -LRB103 27282 RPS 53653 b SB1692 - 67 - LRB103 27282 RPS 53653 b
2413	2413	SB1692 - 67 - LRB103 27282 RPS 53653 b
2414	2414	1 break terminated before January 1, 1976, shall be entitled
2415	2415	2 to have his retirement annuity calculated in accordance
2416	2416	3 with subsection (a), notwithstanding that he has less than
2417	2417	4 20 years of credit for such service.
2418	2418	5 (6) The term "Conservation Police Officer" means any
2419	2419	6 person employed by the Division of Law Enforcement of the
2420	2420	7 Department of Natural Resources and vested with such law
2421	2421	8 enforcement duties as render him ineligible for coverage
2422	2422	9 under the Social Security Act by reason of Sections
2423	2423	10 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
2424	2424	11 term "Conservation Police Officer" includes the positions
2425	2425	12 of Chief Conservation Police Administrator and Assistant
2426	2426	13 Conservation Police Administrator.
2427	2427	14 (7) The term "investigator for the Department of
2428	2428	15 Revenue" means any person employed by the Department of
2429	2429	16 Revenue and vested with such investigative duties as
2430	2430	17 render him ineligible for coverage under the Social
2431	2431	18 Security Act by reason of Sections 218(d)(5)(A),
2432	2432	19 218(d)(8)(D) and 218(l)(1) of that Act.
2433	2433	20 The term "investigator for the Illinois Gaming Board"
2434	2434	21 means any person employed as such by the Illinois Gaming
2435	2435	22 Board and vested with such peace officer duties as render
2436	2436	23 the person ineligible for coverage under the Social
2437	2437	24 Security Act by reason of Sections 218(d)(5)(A),
2438	2438	25 218(d)(8)(D), and 218(l)(1) of that Act.
2439	2439	26 (8) The term "security employee of the Department of
2440	2440
2441	2441
2442	2442
2443	2443
2444	2444
2445	2445	SB1692 - 67 - LRB103 27282 RPS 53653 b
2446	2446
2447	2447
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2449	2449	SB1692 - 68 - LRB103 27282 RPS 53653 b
2450	2450	1 Human Services" means any person employed by the
2451	2451	2 Department of Human Services who (i) is employed at the
2452	2452	3 Chester Mental Health Center and has daily contact with
2453	2453	4 the residents thereof, (ii) is employed within a security
2454	2454	5 unit at a facility operated by the Department and has
2455	2455	6 daily contact with the residents of the security unit,
2456	2456	7 (iii) is employed at a facility operated by the Department
2457	2457	8 that includes a security unit and is regularly scheduled
2458	2458	9 to work at least 50% of his or her working hours within
2459	2459	10 that security unit, or (iv) is a mental health police
2460	2460	11 officer. "Mental health police officer" means any person
2461	2461	12 employed by the Department of Human Services in a position
2462	2462	13 pertaining to the Department's mental health and
2463	2463	14 developmental disabilities functions who is vested with
2464	2464	15 such law enforcement duties as render the person
2465	2465	16 ineligible for coverage under the Social Security Act by
2466	2466	17 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
2467	2467	18 218(l)(1) of that Act. "Security unit" means that portion
2468	2468	19 of a facility that is devoted to the care, containment,
2469	2469	20 and treatment of persons committed to the Department of
2470	2470	21 Human Services as sexually violent persons, persons unfit
2471	2471	22 to stand trial, or persons not guilty by reason of
2472	2472	23 insanity. With respect to past employment, references to
2473	2473	24 the Department of Human Services include its predecessor,
2474	2474	25 the Department of Mental Health and Developmental
2475	2475	26 Disabilities.
2476	2476
2477	2477
2478	2478
2479	2479
2480	2480
2481	2481	SB1692 - 68 - LRB103 27282 RPS 53653 b
2482	2482
2483	2483
2484	2484	SB1692- 69 -LRB103 27282 RPS 53653 b SB1692 - 69 - LRB103 27282 RPS 53653 b
2485	2485	SB1692 - 69 - LRB103 27282 RPS 53653 b
2486	2486	1 The changes made to this subdivision (c)(8) by Public
2487	2487	2 Act 92-14 apply to persons who retire on or after January
2488	2488	3 1, 2001, notwithstanding Section 1-103.1.
2489	2489	4 (9) "Central Management Services security police
2490	2490	5 officer" means any person employed by the Department of
2491	2491	6 Central Management Services who is vested with such law
2492	2492	7 enforcement duties as render him ineligible for coverage
2493	2493	8 under the Social Security Act by reason of Sections
2494	2494	9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2495	2495	10 (10) For a member who first became an employee under
2496	2496	11 this Article before July 1, 2005, the term "security
2497	2497	12 employee of the Department of Corrections or the
2498	2498	13 Department of Juvenile Justice" means any employee of the
2499	2499	14 Department of Corrections or the Department of Juvenile
2500	2500	15 Justice or the former Department of Personnel, and any
2501	2501	16 member or employee of the Prisoner Review Board, who has
2502	2502	17 daily contact with inmates or youth by working within a
2503	2503	18 correctional facility or Juvenile facility operated by the
2504	2504	19 Department of Juvenile Justice or who is a parole officer
2505	2505	20 or an employee who has direct contact with committed
2506	2506	21 persons in the performance of his or her job duties. For a
2507	2507	22 member who first becomes an employee under this Article on
2508	2508	23 or after July 1, 2005, the term means an employee of the
2509	2509	24 Department of Corrections or the Department of Juvenile
2510	2510	25 Justice who is any of the following: (i) officially
2511	2511	26 headquartered at a correctional facility or Juvenile
2512	2512
2513	2513
2514	2514
2515	2515
2516	2516
2517	2517	SB1692 - 69 - LRB103 27282 RPS 53653 b
2518	2518
2519	2519
2520	2520	SB1692- 70 -LRB103 27282 RPS 53653 b SB1692 - 70 - LRB103 27282 RPS 53653 b
2521	2521	SB1692 - 70 - LRB103 27282 RPS 53653 b
2522	2522	1 facility operated by the Department of Juvenile Justice,
2523	2523	2 (ii) a parole officer, (iii) a member of the apprehension
2524	2524	3 unit, (iv) a member of the intelligence unit, (v) a member
2525	2525	4 of the sort team, or (vi) an investigator.
2526	2526	5 (11) The term "dangerous drugs investigator" means any
2527	2527	6 person who is employed as such by the Department of Human
2528	2528	7 Services.
2529	2529	8 (12) The term "investigator for the Illinois State
2530	2530	9 Police" means a person employed by the Illinois State
2531	2531	10 Police who is vested under Section 4 of the Narcotic
2532	2532	11 Control Division Abolition Act with such law enforcement
2533	2533	12 powers as render him ineligible for coverage under the
2534	2534	13 Social Security Act by reason of Sections 218(d)(5)(A),
2535	2535	14 218(d)(8)(D) and 218(l)(1) of that Act.
2536	2536	15 (13) "Investigator for the Office of the Attorney
2537	2537	16 General" means any person who is employed as such by the
2538	2538	17 Office of the Attorney General and is vested with such
2539	2539	18 investigative duties as render him ineligible for coverage
2540	2540	19 under the Social Security Act by reason of Sections
2541	2541	20 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
2542	2542	21 the period before January 1, 1989, the term includes all
2543	2543	22 persons who were employed as investigators by the Office
2544	2544	23 of the Attorney General, without regard to social security
2545	2545	24 status.
2546	2546	25 (14) "Controlled substance inspector" means any person
2547	2547	26 who is employed as such by the Department of Professional
2548	2548
2549	2549
2550	2550
2551	2551
2552	2552
2553	2553	SB1692 - 70 - LRB103 27282 RPS 53653 b
2554	2554
2555	2555
2556	2556	SB1692- 71 -LRB103 27282 RPS 53653 b SB1692 - 71 - LRB103 27282 RPS 53653 b
2557	2557	SB1692 - 71 - LRB103 27282 RPS 53653 b
2558	2558	1 Regulation and is vested with such law enforcement duties
2559	2559	2 as render him ineligible for coverage under the Social
2560	2560	3 Security Act by reason of Sections 218(d)(5)(A),
2561	2561	4 218(d)(8)(D) and 218(l)(1) of that Act. The term
2562	2562	5 "controlled substance inspector" includes the Program
2563	2563	6 Executive of Enforcement and the Assistant Program
2564	2564	7 Executive of Enforcement.
2565	2565	8 (15) The term "investigator for the Office of the
2566	2566	9 State's Attorneys Appellate Prosecutor" means a person
2567	2567	10 employed in that capacity on a full-time basis under the
2568	2568	11 authority of Section 7.06 of the State's Attorneys
2569	2569	12 Appellate Prosecutor's Act.
2570	2570	13 (16) "Commerce Commission police officer" means any
2571	2571	14 person employed by the Illinois Commerce Commission who is
2572	2572	15 vested with such law enforcement duties as render him
2573	2573	16 ineligible for coverage under the Social Security Act by
2574	2574	17 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
2575	2575	18 218(l)(1) of that Act.
2576	2576	19 (17) "Arson investigator" means any person who is
2577	2577	20 employed as such by the Office of the State Fire Marshal
2578	2578	21 and is vested with such law enforcement duties as render
2579	2579	22 the person ineligible for coverage under the Social
2580	2580	23 Security Act by reason of Sections 218(d)(5)(A),
2581	2581	24 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
2582	2582	25 employed as an arson investigator on January 1, 1995 and
2583	2583	26 is no longer in service but not yet receiving a retirement
2584	2584
2585	2585
2586	2586
2587	2587
2588	2588
2589	2589	SB1692 - 71 - LRB103 27282 RPS 53653 b
2590	2590
2591	2591
2592	2592	SB1692- 72 -LRB103 27282 RPS 53653 b SB1692 - 72 - LRB103 27282 RPS 53653 b
2593	2593	SB1692 - 72 - LRB103 27282 RPS 53653 b
2594	2594	1 annuity may convert his or her creditable service for
2595	2595	2 employment as an arson investigator into eligible
2596	2596	3 creditable service by paying to the System the difference
2597	2597	4 between the employee contributions actually paid for that
2598	2598	5 service and the amounts that would have been contributed
2599	2599	6 if the applicant were contributing at the rate applicable
2600	2600	7 to persons with the same social security status earning
2601	2601	8 eligible creditable service on the date of application.
2602	2602	9 (18) The term "State highway maintenance worker" means
2603	2603	10 a person who is either of the following:
2604	2604	11 (i) A person employed on a full-time basis by the
2605	2605	12 Illinois Department of Transportation in the position
2606	2606	13 of highway maintainer, highway maintenance lead
2607	2607	14 worker, highway maintenance lead/lead worker, heavy
2608	2608	15 construction equipment operator, power shovel
2609	2609	16 operator, or bridge mechanic; and whose principal
2610	2610	17 responsibility is to perform, on the roadway, the
2611	2611	18 actual maintenance necessary to keep the highways that
2612	2612	19 form a part of the State highway system in serviceable
2613	2613	20 condition for vehicular traffic.
2614	2614	21 (ii) A person employed on a full-time basis by the
2615	2615	22 Illinois State Toll Highway Authority in the position
2616	2616	23 of equipment operator/laborer H-4, equipment
2617	2617	24 operator/laborer H-6, welder H-4, welder H-6,
2618	2618	25 mechanical/electrical H-4, mechanical/electrical H-6,
2619	2619	26 water/sewer H-4, water/sewer H-6, sign maker/hanger
2620	2620
2621	2621
2622	2622
2623	2623
2624	2624
2625	2625	SB1692 - 72 - LRB103 27282 RPS 53653 b
2626	2626
2627	2627
2628	2628	SB1692- 73 -LRB103 27282 RPS 53653 b SB1692 - 73 - LRB103 27282 RPS 53653 b
2629	2629	SB1692 - 73 - LRB103 27282 RPS 53653 b
2630	2630	1 H-4, sign maker/hanger H-6, roadway lighting H-4,
2631	2631	2 roadway lighting H-6, structural H-4, structural H-6,
2632	2632	3 painter H-4, or painter H-6; and whose principal
2633	2633	4 responsibility is to perform, on the roadway, the
2634	2634	5 actual maintenance necessary to keep the Authority's
2635	2635	6 tollways in serviceable condition for vehicular
2636	2636	7 traffic.
2637	2637	8 (19) The term "security employee of the Department of
2638	2638	9 Innovation and Technology" means a person who was a
2639	2639	10 security employee of the Department of Corrections or the
2640	2640	11 Department of Juvenile Justice, was transferred to the
2641	2641	12 Department of Innovation and Technology pursuant to
2642	2642	13 Executive Order 2016-01, and continues to perform similar
2643	2643	14 job functions under that Department.
2644	2644	15 (20) "Transferred employee" means an employee who was
2645	2645	16 transferred to the Department of Central Management
2646	2646	17 Services by Executive Order No. 2003-10 or Executive Order
2647	2647	18 No. 2004-2 or transferred to the Department of Innovation
2648	2648	19 and Technology by Executive Order No. 2016-1, or both, and
2649	2649	20 was entitled to eligible creditable service for services
2650	2650	21 immediately preceding the transfer.
2651	2651	22 (d) A security employee of the Department of Corrections
2652	2652	23 or the Department of Juvenile Justice, a security employee of
2653	2653	24 the Department of Human Services who is not a mental health
2654	2654	25 police officer, and a security employee of the Department of
2655	2655	26 Innovation and Technology shall not be eligible for the
2656	2656
2657	2657
2658	2658
2659	2659
2660	2660
2661	2661	SB1692 - 73 - LRB103 27282 RPS 53653 b
2662	2662
2663	2663
2664	2664	SB1692- 74 -LRB103 27282 RPS 53653 b SB1692 - 74 - LRB103 27282 RPS 53653 b
2665	2665	SB1692 - 74 - LRB103 27282 RPS 53653 b
2666	2666	1 alternative retirement annuity provided by this Section unless
2667	2667	2 he or she meets the following minimum age and service
2668	2668	3 requirements at the time of retirement:
2669	2669	4 (i) 25 years of eligible creditable service and age
2670	2670	5 55; or
2671	2671	6 (ii) beginning January 1, 1987, 25 years of eligible
2672	2672	7 creditable service and age 54, or 24 years of eligible
2673	2673	8 creditable service and age 55; or
2674	2674	9 (iii) beginning January 1, 1988, 25 years of eligible
2675	2675	10 creditable service and age 53, or 23 years of eligible
2676	2676	11 creditable service and age 55; or
2677	2677	12 (iv) beginning January 1, 1989, 25 years of eligible
2678	2678	13 creditable service and age 52, or 22 years of eligible
2679	2679	14 creditable service and age 55; or
2680	2680	15 (v) beginning January 1, 1990, 25 years of eligible
2681	2681	16 creditable service and age 51, or 21 years of eligible
2682	2682	17 creditable service and age 55; or
2683	2683	18 (vi) beginning January 1, 1991, 25 years of eligible
2684	2684	19 creditable service and age 50, or 20 years of eligible
2685	2685	20 creditable service and age 55.
2686	2686	21 Persons who have service credit under Article 16 of this
2687	2687	22 Code for service as a security employee of the Department of
2688	2688	23 Corrections or the Department of Juvenile Justice, or the
2689	2689	24 Department of Human Services in a position requiring
2690	2690	25 certification as a teacher may count such service toward
2691	2691	26 establishing their eligibility under the service requirements
2692	2692
2693	2693
2694	2694
2695	2695
2696	2696
2697	2697	SB1692 - 74 - LRB103 27282 RPS 53653 b
2698	2698
2699	2699
2700	2700	SB1692- 75 -LRB103 27282 RPS 53653 b SB1692 - 75 - LRB103 27282 RPS 53653 b
2701	2701	SB1692 - 75 - LRB103 27282 RPS 53653 b
2702	2702	1 of this Section; but such service may be used only for
2703	2703	2 establishing such eligibility, and not for the purpose of
2704	2704	3 increasing or calculating any benefit.
2705	2705	4 (e) If a member enters military service while working in a
2706	2706	5 position in which eligible creditable service may be earned,
2707	2707	6 and returns to State service in the same or another such
2708	2708	7 position, and fulfills in all other respects the conditions
2709	2709	8 prescribed in this Article for credit for military service,
2710	2710	9 such military service shall be credited as eligible creditable
2711	2711	10 service for the purposes of the retirement annuity prescribed
2712	2712	11 in this Section.
2713	2713	12 (f) For purposes of calculating retirement annuities under
2714	2714	13 this Section, periods of service rendered after December 31,
2715	2715	14 1968 and before October 1, 1975 as a covered employee in the
2716	2716	15 position of special agent, conservation police officer, mental
2717	2717	16 health police officer, or investigator for the Secretary of
2718	2718	17 State, shall be deemed to have been service as a noncovered
2719	2719	18 employee, provided that the employee pays to the System prior
2720	2720	19 to retirement an amount equal to (1) the difference between
2721	2721	20 the employee contributions that would have been required for
2722	2722	21 such service as a noncovered employee, and the amount of
2723	2723	22 employee contributions actually paid, plus (2) if payment is
2724	2724	23 made after July 31, 1987, regular interest on the amount
2725	2725	24 specified in item (1) from the date of service to the date of
2726	2726	25 payment.
2727	2727	26 For purposes of calculating retirement annuities under
2728	2728
2729	2729
2730	2730
2731	2731
2732	2732
2733	2733	SB1692 - 75 - LRB103 27282 RPS 53653 b
2734	2734
2735	2735
2736	2736	SB1692- 76 -LRB103 27282 RPS 53653 b SB1692 - 76 - LRB103 27282 RPS 53653 b
2737	2737	SB1692 - 76 - LRB103 27282 RPS 53653 b
2738	2738	1 this Section, periods of service rendered after December 31,
2739	2739	2 1968 and before January 1, 1982 as a covered employee in the
2740	2740	3 position of investigator for the Department of Revenue shall
2741	2741	4 be deemed to have been service as a noncovered employee,
2742	2742	5 provided that the employee pays to the System prior to
2743	2743	6 retirement an amount equal to (1) the difference between the
2744	2744	7 employee contributions that would have been required for such
2745	2745	8 service as a noncovered employee, and the amount of employee
2746	2746	9 contributions actually paid, plus (2) if payment is made after
2747	2747	10 January 1, 1990, regular interest on the amount specified in
2748	2748	11 item (1) from the date of service to the date of payment.
2749	2749	12 (g) A State policeman may elect, not later than January 1,
2750	2750	13 1990, to establish eligible creditable service for up to 10
2751	2751	14 years of his service as a policeman under Article 3, by filing
2752	2752	15 a written election with the Board, accompanied by payment of
2753	2753	16 an amount to be determined by the Board, equal to (i) the
2754	2754	17 difference between the amount of employee and employer
2755	2755	18 contributions transferred to the System under Section 3-110.5,
2756	2756	19 and the amounts that would have been contributed had such
2757	2757	20 contributions been made at the rates applicable to State
2758	2758	21 policemen, plus (ii) interest thereon at the effective rate
2759	2759	22 for each year, compounded annually, from the date of service
2760	2760	23 to the date of payment.
2761	2761	24 Subject to the limitation in subsection (i), a State
2762	2762	25 policeman may elect, not later than July 1, 1993, to establish
2763	2763	26 eligible creditable service for up to 10 years of his service
2764	2764
2765	2765
2766	2766
2767	2767
2768	2768
2769	2769	SB1692 - 76 - LRB103 27282 RPS 53653 b
2770	2770
2771	2771
2772	2772	SB1692- 77 -LRB103 27282 RPS 53653 b SB1692 - 77 - LRB103 27282 RPS 53653 b
2773	2773	SB1692 - 77 - LRB103 27282 RPS 53653 b
2774	2774	1 as a member of the County Police Department under Article 9, by
2775	2775	2 filing a written election with the Board, accompanied by
2776	2776	3 payment of an amount to be determined by the Board, equal to
2777	2777	4 (i) the difference between the amount of employee and employer
2778	2778	5 contributions transferred to the System under Section 9-121.10
2779	2779	6 and the amounts that would have been contributed had those
2780	2780	7 contributions been made at the rates applicable to State
2781	2781	8 policemen, plus (ii) interest thereon at the effective rate
2782	2782	9 for each year, compounded annually, from the date of service
2783	2783	10 to the date of payment.
2784	2784	11 (h) Subject to the limitation in subsection (i), a State
2785	2785	12 policeman or investigator for the Secretary of State may elect
2786	2786	13 to establish eligible creditable service for up to 12 years of
2787	2787	14 his service as a policeman under Article 5, by filing a written
2788	2788	15 election with the Board on or before January 31, 1992, and
2789	2789	16 paying to the System by January 31, 1994 an amount to be
2790	2790	17 determined by the Board, equal to (i) the difference between
2791	2791	18 the amount of employee and employer contributions transferred
2792	2792	19 to the System under Section 5-236, and the amounts that would
2793	2793	20 have been contributed had such contributions been made at the
2794	2794	21 rates applicable to State policemen, plus (ii) interest
2795	2795	22 thereon at the effective rate for each year, compounded
2796	2796	23 annually, from the date of service to the date of payment.
2797	2797	24 Subject to the limitation in subsection (i), a State
2798	2798	25 policeman, conservation police officer, or investigator for
2799	2799	26 the Secretary of State may elect to establish eligible
2800	2800
2801	2801
2802	2802
2803	2803
2804	2804
2805	2805	SB1692 - 77 - LRB103 27282 RPS 53653 b
2806	2806
2807	2807
2808	2808	SB1692- 78 -LRB103 27282 RPS 53653 b SB1692 - 78 - LRB103 27282 RPS 53653 b
2809	2809	SB1692 - 78 - LRB103 27282 RPS 53653 b
2810	2810	1 creditable service for up to 10 years of service as a sheriff's
2811	2811	2 law enforcement employee under Article 7, by filing a written
2812	2812	3 election with the Board on or before January 31, 1993, and
2813	2813	4 paying to the System by January 31, 1994 an amount to be
2814	2814	5 determined by the Board, equal to (i) the difference between
2815	2815	6 the amount of employee and employer contributions transferred
2816	2816	7 to the System under Section 7-139.7, and the amounts that
2817	2817	8 would have been contributed had such contributions been made
2818	2818	9 at the rates applicable to State policemen, plus (ii) interest
2819	2819	10 thereon at the effective rate for each year, compounded
2820	2820	11 annually, from the date of service to the date of payment.
2821	2821	12 Subject to the limitation in subsection (i), a State
2822	2822	13 policeman, conservation police officer, or investigator for
2823	2823	14 the Secretary of State may elect to establish eligible
2824	2824	15 creditable service for up to 5 years of service as a police
2825	2825	16 officer under Article 3, a policeman under Article 5, a
2826	2826	17 sheriff's law enforcement employee under Article 7, a member
2827	2827	18 of the county police department under Article 9, or a police
2828	2828	19 officer under Article 15 by filing a written election with the
2829	2829	20 Board and paying to the System an amount to be determined by
2830	2830	21 the Board, equal to (i) the difference between the amount of
2831	2831	22 employee and employer contributions transferred to the System
2832	2832	23 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
2833	2833	24 and the amounts that would have been contributed had such
2834	2834	25 contributions been made at the rates applicable to State
2835	2835	26 policemen, plus (ii) interest thereon at the effective rate
2836	2836
2837	2837
2838	2838
2839	2839
2840	2840
2841	2841	SB1692 - 78 - LRB103 27282 RPS 53653 b
2842	2842
2843	2843
2844	2844	SB1692- 79 -LRB103 27282 RPS 53653 b SB1692 - 79 - LRB103 27282 RPS 53653 b
2845	2845	SB1692 - 79 - LRB103 27282 RPS 53653 b
2846	2846	1 for each year, compounded annually, from the date of service
2847	2847	2 to the date of payment.
2848	2848	3 Subject to the limitation in subsection (i), an
2849	2849	4 investigator for the Office of the Attorney General, or an
2850	2850	5 investigator for the Department of Revenue, may elect to
2851	2851	6 establish eligible creditable service for up to 5 years of
2852	2852	7 service as a police officer under Article 3, a policeman under
2853	2853	8 Article 5, a sheriff's law enforcement employee under Article
2854	2854	9 7, or a member of the county police department under Article 9
2855	2855	10 by filing a written election with the Board within 6 months
2856	2856	11 after August 25, 2009 (the effective date of Public Act
2857	2857	12 96-745) and paying to the System an amount to be determined by
2858	2858	13 the Board, equal to (i) the difference between the amount of
2859	2859	14 employee and employer contributions transferred to the System
2860	2860	15 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
2861	2861	16 amounts that would have been contributed had such
2862	2862	17 contributions been made at the rates applicable to State
2863	2863	18 policemen, plus (ii) interest thereon at the actuarially
2864	2864	19 assumed rate for each year, compounded annually, from the date
2865	2865	20 of service to the date of payment.
2866	2866	21 Subject to the limitation in subsection (i), a State
2867	2867	22 policeman, conservation police officer, investigator for the
2868	2868	23 Office of the Attorney General, an investigator for the
2869	2869	24 Department of Revenue, or investigator for the Secretary of
2870	2870	25 State may elect to establish eligible creditable service for
2871	2871	26 up to 5 years of service as a person employed by a
2872	2872
2873	2873
2874	2874
2875	2875
2876	2876
2877	2877	SB1692 - 79 - LRB103 27282 RPS 53653 b
2878	2878
2879	2879
2880	2880	SB1692- 80 -LRB103 27282 RPS 53653 b SB1692 - 80 - LRB103 27282 RPS 53653 b
2881	2881	SB1692 - 80 - LRB103 27282 RPS 53653 b
2882	2882	1 participating municipality to perform police duties, or law
2883	2883	2 enforcement officer employed on a full-time basis by a forest
2884	2884	3 preserve district under Article 7, a county corrections
2885	2885	4 officer, or a court services officer under Article 9, by
2886	2886	5 filing a written election with the Board within 6 months after
2887	2887	6 August 25, 2009 (the effective date of Public Act 96-745) and
2888	2888	7 paying to the System an amount to be determined by the Board,
2889	2889	8 equal to (i) the difference between the amount of employee and
2890	2890	9 employer contributions transferred to the System under
2891	2891	10 Sections 7-139.8 and 9-121.10 and the amounts that would have
2892	2892	11 been contributed had such contributions been made at the rates
2893	2893	12 applicable to State policemen, plus (ii) interest thereon at
2894	2894	13 the actuarially assumed rate for each year, compounded
2895	2895	14 annually, from the date of service to the date of payment.
2896	2896	15 Subject to the limitation in subsection (i), a State
2897	2897	16 policeman, arson investigator, or Commerce Commission police
2898	2898	17 officer may elect to establish eligible creditable service for
2899	2899	18 up to 5 years of service as a person employed by a
2900	2900	19 participating municipality to perform police duties under
2901	2901	20 Article 7, a county corrections officer, a court services
2902	2902	21 officer under Article 9, or a firefighter under Article 4 by
2903	2903	22 filing a written election with the Board within 6 months after
2904	2904	23 July 30, 2021 (the effective date of Public Act 102-210) and
2905	2905	24 paying to the System an amount to be determined by the Board
2906	2906	25 equal to (i) the difference between the amount of employee and
2907	2907	26 employer contributions transferred to the System under
2908	2908
2909	2909
2910	2910
2911	2911
2912	2912
2913	2913	SB1692 - 80 - LRB103 27282 RPS 53653 b
2914	2914
2915	2915
2916	2916	SB1692- 81 -LRB103 27282 RPS 53653 b SB1692 - 81 - LRB103 27282 RPS 53653 b
2917	2917	SB1692 - 81 - LRB103 27282 RPS 53653 b
2918	2918	1 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
2919	2919	2 would have been contributed had such contributions been made
2920	2920	3 at the rates applicable to State policemen, plus (ii) interest
2921	2921	4 thereon at the actuarially assumed rate for each year,
2922	2922	5 compounded annually, from the date of service to the date of
2923	2923	6 payment.
2924	2924	7 Subject to the limitation in subsection (i), a
2925	2925	8 conservation police officer may elect to establish eligible
2926	2926	9 creditable service for up to 5 years of service as a person
2927	2927	10 employed by a participating municipality to perform police
2928	2928	11 duties under Article 7, a county corrections officer, or a
2929	2929	12 court services officer under Article 9 by filing a written
2930	2930	13 election with the Board within 6 months after July 30, 2021
2931	2931	14 (the effective date of Public Act 102-210) and paying to the
2932	2932	15 System an amount to be determined by the Board equal to (i) the
2933	2933	16 difference between the amount of employee and employer
2934	2934	17 contributions transferred to the System under Sections 7-139.8
2935	2935	18 and 9-121.10 and the amounts that would have been contributed
2936	2936	19 had such contributions been made at the rates applicable to
2937	2937	20 State policemen, plus (ii) interest thereon at the actuarially
2938	2938	21 assumed rate for each year, compounded annually, from the date
2939	2939	22 of service to the date of payment.
2940	2940	23 Notwithstanding the limitation in subsection (i), a State
2941	2941	24 policeman or conservation police officer may elect to convert
2942	2942	25 service credit earned under this Article to eligible
2943	2943	26 creditable service, as defined by this Section, by filing a
2944	2944
2945	2945
2946	2946
2947	2947
2948	2948
2949	2949	SB1692 - 81 - LRB103 27282 RPS 53653 b
2950	2950
2951	2951
2952	2952	SB1692- 82 -LRB103 27282 RPS 53653 b SB1692 - 82 - LRB103 27282 RPS 53653 b
2953	2953	SB1692 - 82 - LRB103 27282 RPS 53653 b
2954	2954	1 written election with the Board board within 6 months after
2955	2955	2 July 30, 2021 (the effective date of Public Act 102-210) and
2956	2956	3 paying to the System an amount to be determined by the Board
2957	2957	4 equal to (i) the difference between the amount of employee
2958	2958	5 contributions originally paid for that service and the amounts
2959	2959	6 that would have been contributed had such contributions been
2960	2960	7 made at the rates applicable to State policemen, plus (ii) the
2961	2961	8 difference between the employer's normal cost of the credit
2962	2962	9 prior to the conversion authorized by this amendatory Act of
2963	2963	10 the 103rd General Assembly Public Act 102-210 and the
2964	2964	11 employer's normal cost of the credit converted in accordance
2965	2965	12 with this amendatory Act of the 103rd General Assembly Public
2966	2966	13 Act 102-210, plus (iii) interest thereon at the actuarially
2967	2967	14 assumed rate for each year, compounded annually, from the date
2968	2968	15 of service to the date of payment.
2969	2969	16 (i) The total amount of eligible creditable service
2970	2970	17 established by any person under subsections (g), (h), (j),
2971	2971	18 (k), (l), (l-5), (o), and (p) of this Section shall not exceed
2972	2972	19 12 years.
2973	2973	20 (j) Subject to the limitation in subsection (i), an
2974	2974	21 investigator for the Office of the State's Attorneys Appellate
2975	2975	22 Prosecutor or a controlled substance inspector may elect to
2976	2976	23 establish eligible creditable service for up to 10 years of
2977	2977	24 his service as a policeman under Article 3 or a sheriff's law
2978	2978	25 enforcement employee under Article 7, by filing a written
2979	2979	26 election with the Board, accompanied by payment of an amount
2980	2980
2981	2981
2982	2982
2983	2983
2984	2984
2985	2985	SB1692 - 82 - LRB103 27282 RPS 53653 b
2986	2986
2987	2987
2988	2988	SB1692- 83 -LRB103 27282 RPS 53653 b SB1692 - 83 - LRB103 27282 RPS 53653 b
2989	2989	SB1692 - 83 - LRB103 27282 RPS 53653 b
2990	2990	1 to be determined by the Board, equal to (1) the difference
2991	2991	2 between the amount of employee and employer contributions
2992	2992	3 transferred to the System under Section 3-110.6 or 7-139.8,
2993	2993	4 and the amounts that would have been contributed had such
2994	2994	5 contributions been made at the rates applicable to State
2995	2995	6 policemen, plus (2) interest thereon at the effective rate for
2996	2996	7 each year, compounded annually, from the date of service to
2997	2997	8 the date of payment.
2998	2998	9 (k) Subject to the limitation in subsection (i) of this
2999	2999	10 Section, an alternative formula employee may elect to
3000	3000	11 establish eligible creditable service for periods spent as a
3001	3001	12 full-time law enforcement officer or full-time corrections
3002	3002	13 officer employed by the federal government or by a state or
3003	3003	14 local government located outside of Illinois, for which credit
3004	3004	15 is not held in any other public employee pension fund or
3005	3005	16 retirement system. To obtain this credit, the applicant must
3006	3006	17 file a written application with the Board by March 31, 1998,
3007	3007	18 accompanied by evidence of eligibility acceptable to the Board
3008	3008	19 and payment of an amount to be determined by the Board, equal
3009	3009	20 to (1) employee contributions for the credit being
3010	3010	21 established, based upon the applicant's salary on the first
3011	3011	22 day as an alternative formula employee after the employment
3012	3012	23 for which credit is being established and the rates then
3013	3013	24 applicable to alternative formula employees, plus (2) an
3014	3014	25 amount determined by the Board to be the employer's normal
3015	3015	26 cost of the benefits accrued for the credit being established,
3016	3016
3017	3017
3018	3018
3019	3019
3020	3020
3021	3021	SB1692 - 83 - LRB103 27282 RPS 53653 b
3022	3022
3023	3023
3024	3024	SB1692- 84 -LRB103 27282 RPS 53653 b SB1692 - 84 - LRB103 27282 RPS 53653 b
3025	3025	SB1692 - 84 - LRB103 27282 RPS 53653 b
3026	3026	1 plus (3) regular interest on the amounts in items (1) and (2)
3027	3027	2 from the first day as an alternative formula employee after
3028	3028	3 the employment for which credit is being established to the
3029	3029	4 date of payment.
3030	3030	5 (l) Subject to the limitation in subsection (i), a
3031	3031	6 security employee of the Department of Corrections may elect,
3032	3032	7 not later than July 1, 1998, to establish eligible creditable
3033	3033	8 service for up to 10 years of his or her service as a policeman
3034	3034	9 under Article 3, by filing a written election with the Board,
3035	3035	10 accompanied by payment of an amount to be determined by the
3036	3036	11 Board, equal to (i) the difference between the amount of
3037	3037	12 employee and employer contributions transferred to the System
3038	3038	13 under Section 3-110.5, and the amounts that would have been
3039	3039	14 contributed had such contributions been made at the rates
3040	3040	15 applicable to security employees of the Department of
3041	3041	16 Corrections, plus (ii) interest thereon at the effective rate
3042	3042	17 for each year, compounded annually, from the date of service
3043	3043	18 to the date of payment.
3044	3044	19 (l-5) Subject to the limitation in subsection (i) of this
3045	3045	20 Section, a State policeman may elect to establish eligible
3046	3046	21 creditable service for up to 5 years of service as a full-time
3047	3047	22 law enforcement officer employed by the federal government or
3048	3048	23 by a state or local government located outside of Illinois for
3049	3049	24 which credit is not held in any other public employee pension
3050	3050	25 fund or retirement system. To obtain this credit, the
3051	3051	26 applicant must file a written application with the Board no
3052	3052
3053	3053
3054	3054
3055	3055
3056	3056
3057	3057	SB1692 - 84 - LRB103 27282 RPS 53653 b
3058	3058
3059	3059
3060	3060	SB1692- 85 -LRB103 27282 RPS 53653 b SB1692 - 85 - LRB103 27282 RPS 53653 b
3061	3061	SB1692 - 85 - LRB103 27282 RPS 53653 b
3062	3062	1 later than 3 years after January 1, 2020 (the effective date of
3063	3063	2 Public Act 101-610), accompanied by evidence of eligibility
3064	3064	3 acceptable to the Board and payment of an amount to be
3065	3065	4 determined by the Board, equal to (1) employee contributions
3066	3066	5 for the credit being established, based upon the applicant's
3067	3067	6 salary on the first day as an alternative formula employee
3068	3068	7 after the employment for which credit is being established and
3069	3069	8 the rates then applicable to alternative formula employees,
3070	3070	9 plus (2) an amount determined by the Board to be the employer's
3071	3071	10 normal cost of the benefits accrued for the credit being
3072	3072	11 established, plus (3) regular interest on the amounts in items
3073	3073	12 (1) and (2) from the first day as an alternative formula
3074	3074	13 employee after the employment for which credit is being
3075	3075	14 established to the date of payment.
3076	3076	15 (m) The amendatory changes to this Section made by Public
3077	3077	16 Act 94-696 apply only to: (1) security employees of the
3078	3078	17 Department of Juvenile Justice employed by the Department of
3079	3079	18 Corrections before June 1, 2006 (the effective date of Public
3080	3080	19 Act 94-696) and transferred to the Department of Juvenile
3081	3081	20 Justice by Public Act 94-696; and (2) persons employed by the
3082	3082	21 Department of Juvenile Justice on or after June 1, 2006 (the
3083	3083	22 effective date of Public Act 94-696) who are required by
3084	3084	23 subsection (b) of Section 3-2.5-15 of the Unified Code of
3085	3085	24 Corrections to have any bachelor's or advanced degree from an
3086	3086	25 accredited college or university or, in the case of persons
3087	3087	26 who provide vocational training, who are required to have
3088	3088
3089	3089
3090	3090
3091	3091
3092	3092
3093	3093	SB1692 - 85 - LRB103 27282 RPS 53653 b
3094	3094
3095	3095
3096	3096	SB1692- 86 -LRB103 27282 RPS 53653 b SB1692 - 86 - LRB103 27282 RPS 53653 b
3097	3097	SB1692 - 86 - LRB103 27282 RPS 53653 b
3098	3098	1 adequate knowledge in the skill for which they are providing
3099	3099	2 the vocational training.
3100	3100	3 (n) A person employed in a position under subsection (b)
3101	3101	4 of this Section who has purchased service credit under
3102	3102	5 subsection (j) of Section 14-104 or subsection (b) of Section
3103	3103	6 14-105 in any other capacity under this Article may convert up
3104	3104	7 to 5 years of that service credit into service credit covered
3105	3105	8 under this Section by paying to the Fund an amount equal to (1)
3106	3106	9 the additional employee contribution required under Section
3107	3107	10 14-133, plus (2) the additional employer contribution required
3108	3108	11 under Section 14-131, plus (3) interest on items (1) and (2) at
3109	3109	12 the actuarially assumed rate from the date of the service to
3110	3110	13 the date of payment.
3111	3111	14 (o) Subject to the limitation in subsection (i), a
3112	3112	15 conservation police officer, investigator for the Secretary of
3113	3113	16 State, Commerce Commission police officer, investigator for
3114	3114	17 the Department of Revenue or the Illinois Gaming Board, or
3115	3115	18 arson investigator subject to subsection (g) of Section 1-160
3116	3116	19 may elect to convert up to 8 years of service credit
3117	3117	20 established before January 1, 2020 (the effective date of
3118	3118	21 Public Act 101-610) as a conservation police officer,
3119	3119	22 investigator for the Secretary of State, Commerce Commission
3120	3120	23 police officer, investigator for the Department of Revenue or
3121	3121	24 the Illinois Gaming Board, or arson investigator under this
3122	3122	25 Article into eligible creditable service by filing a written
3123	3123	26 election with the Board no later than one year after January 1,
3124	3124
3125	3125
3126	3126
3127	3127
3128	3128
3129	3129	SB1692 - 86 - LRB103 27282 RPS 53653 b
3130	3130
3131	3131
3132	3132	SB1692- 87 -LRB103 27282 RPS 53653 b SB1692 - 87 - LRB103 27282 RPS 53653 b
3133	3133	SB1692 - 87 - LRB103 27282 RPS 53653 b
3134	3134	1 2020 (the effective date of Public Act 101-610), accompanied
3135	3135	2 by payment of an amount to be determined by the Board equal to
3136	3136	3 (i) the difference between the amount of the employee
3137	3137	4 contributions actually paid for that service and the amount of
3138	3138	5 the employee contributions that would have been paid had the
3139	3139	6 employee contributions been made as a noncovered employee
3140	3140	7 serving in a position in which eligible creditable service, as
3141	3141	8 defined in this Section, may be earned, plus (ii) interest
3142	3142	9 thereon at the effective rate for each year, compounded
3143	3143	10 annually, from the date of service to the date of payment.
3144	3144	11 (p) Subject to the limitation in subsection (i), an
3145	3145	12 investigator for the Office of the Attorney General subject to
3146	3146	13 subsection (g) of Section 1-160 may elect to convert up to 8
3147	3147	14 years of service credit established before the effective date
3148	3148	15 of this amendatory Act of the 102nd General Assembly as an
3149	3149	16 investigator for the Office of the Attorney General under this
3150	3150	17 Article into eligible creditable service by filing a written
3151	3151	18 election with the Board no later than one year after the
3152	3152	19 effective date of this amendatory Act of the 102nd General
3153	3153	20 Assembly, accompanied by payment of an amount to be determined
3154	3154	21 by the Board equal to (i) the difference between the amount of
3155	3155	22 the employee contributions actually paid for that service and
3156	3156	23 the amount of the employee contributions that would have been
3157	3157	24 paid had the employee contributions been made as a noncovered
3158	3158	25 employee serving in a position in which eligible creditable
3159	3159	26 service, as defined in this Section, may be earned, plus (ii)
3160	3160
3161	3161
3162	3162
3163	3163
3164	3164
3165	3165	SB1692 - 87 - LRB103 27282 RPS 53653 b
3166	3166
3167	3167
3168	3168	SB1692- 88 -LRB103 27282 RPS 53653 b SB1692 - 88 - LRB103 27282 RPS 53653 b
3169	3169	SB1692 - 88 - LRB103 27282 RPS 53653 b
3170	3170	1 interest thereon at the effective rate for each year,
3171	3171	2 compounded annually, from the date of service to the date of
3172	3172	3 payment.
3173	3173	4 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
3174	3174	5 102-538, eff. 8-20-21; 102-956, eff. 5-27-22.)
3175	3175	6 (40 ILCS 5/14-152.1)
3176	3176	7 Sec. 14-152.1. Application and expiration of new benefit
3177	3177	8 increases.
3178	3178	9 (a) As used in this Section, "new benefit increase" means
3179	3179	10 an increase in the amount of any benefit provided under this
3180	3180	11 Article, or an expansion of the conditions of eligibility for
3181	3181	12 any benefit under this Article, that results from an amendment
3182	3182	13 to this Code that takes effect after June 1, 2005 (the
3183	3183	14 effective date of Public Act 94-4). "New benefit increase",
3184	3184	15 however, does not include any benefit increase resulting from
3185	3185	16 the changes made to Article 1 or this Article by Public Act
3186	3186	17 96-37, Public Act 100-23, Public Act 100-587, Public Act
3187	3187	18 100-611, Public Act 101-10, Public Act 101-610, Public Act
3188	3188	19 102-210, Public Act 102-856, Public Act 102-956, or this
3189	3189	20 amendatory Act of the 103rd General Assembly this amendatory
3190	3190	21 Act of the 102nd General Assembly.
3191	3191	22 (b) Notwithstanding any other provision of this Code or
3192	3192	23 any subsequent amendment to this Code, every new benefit
3193	3193	24 increase is subject to this Section and shall be deemed to be
3194	3194	25 granted only in conformance with and contingent upon
3195	3195
3196	3196
3197	3197
3198	3198
3199	3199
3200	3200	SB1692 - 88 - LRB103 27282 RPS 53653 b
3201	3201
3202	3202
3203	3203	SB1692- 89 -LRB103 27282 RPS 53653 b SB1692 - 89 - LRB103 27282 RPS 53653 b
3204	3204	SB1692 - 89 - LRB103 27282 RPS 53653 b
3205	3205	1 compliance with the provisions of this Section.
3206	3206	2 (c) The Public Act enacting a new benefit increase must
3207	3207	3 identify and provide for payment to the System of additional
3208	3208	4 funding at least sufficient to fund the resulting annual
3209	3209	5 increase in cost to the System as it accrues.
3210	3210	6 Every new benefit increase is contingent upon the General
3211	3211	7 Assembly providing the additional funding required under this
3212	3212	8 subsection. The Commission on Government Forecasting and
3213	3213	9 Accountability shall analyze whether adequate additional
3214	3214	10 funding has been provided for the new benefit increase and
3215	3215	11 shall report its analysis to the Public Pension Division of
3216	3216	12 the Department of Insurance. A new benefit increase created by
3217	3217	13 a Public Act that does not include the additional funding
3218	3218	14 required under this subsection is null and void. If the Public
3219	3219	15 Pension Division determines that the additional funding
3220	3220	16 provided for a new benefit increase under this subsection is
3221	3221	17 or has become inadequate, it may so certify to the Governor and
3222	3222	18 the State Comptroller and, in the absence of corrective action
3223	3223	19 by the General Assembly, the new benefit increase shall expire
3224	3224	20 at the end of the fiscal year in which the certification is
3225	3225	21 made.
3226	3226	22 (d) Every new benefit increase shall expire 5 years after
3227	3227	23 its effective date or on such earlier date as may be specified
3228	3228	24 in the language enacting the new benefit increase or provided
3229	3229	25 under subsection (c). This does not prevent the General
3230	3230	26 Assembly from extending or re-creating a new benefit increase
3231	3231
3232	3232
3233	3233
3234	3234
3235	3235
3236	3236	SB1692 - 89 - LRB103 27282 RPS 53653 b
3237	3237
3238	3238
3239	3239	SB1692- 90 -LRB103 27282 RPS 53653 b SB1692 - 90 - LRB103 27282 RPS 53653 b
3240	3240	SB1692 - 90 - LRB103 27282 RPS 53653 b
3241	3241	1 by law.
3242	3242	2 (e) Except as otherwise provided in the language creating
3243	3243	3 the new benefit increase, a new benefit increase that expires
3244	3244	4 under this Section continues to apply to persons who applied
3245	3245	5 and qualified for the affected benefit while the new benefit
3246	3246	6 increase was in effect and to the affected beneficiaries and
3247	3247	7 alternate payees of such persons, but does not apply to any
3248	3248	8 other person, including, without limitation, a person who
3249	3249	9 continues in service after the expiration date and did not
3250	3250	10 apply and qualify for the affected benefit while the new
3251	3251	11 benefit increase was in effect.
3252	3252	12 (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
3253	3253	13 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
3254	3254	14 1-1-23; 102-956, eff. 5-27-22.)
3255	3255	15 Section 90. The State Mandates Act is amended by adding
3256	3256	16 Section 8.47 as follows:
3257	3257	17 (30 ILCS 805/8.47 new)
3258	3258	18 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
3259	3259	19 8 of this Act, no reimbursement by the State is required for
3260	3260	20 the implementation of any mandate created by this amendatory
3261	3261	21 Act of the 103rd General Assembly.
3262	3262	22 Section 99. Effective date. This Act takes effect upon
3263	3263	23 becoming law.
3264	3264
3265	3265
3266	3266
3267	3267
3268	3268
3269	3269	SB1692 - 90 - LRB103 27282 RPS 53653 b