Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3616 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3616 Introduced 2/9/2024, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 Amends the State Employee Article of the Illinois Pension Code. 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". Effective immediately. LRB103 38437 RPS 68573 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3616 Introduced 2/9/2024, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 Amends the State Employee Article of the Illinois Pension Code. 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". Effective immediately. LRB103 38437 RPS 68573 b LRB103 38437 RPS 68573 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3616 Introduced 2/9/2024, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
4	4	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
5	5	40 ILCS 5/14-152.1
6	6	Amends the State Employee Article of the Illinois Pension Code. 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". Effective immediately.
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8	8	LRB103 38437 RPS 68573 b
9	9	A BILL FOR
10	10	SB3616LRB103 38437 RPS 68573 b SB3616 LRB103 38437 RPS 68573 b
11	11	SB3616 LRB103 38437 RPS 68573 b
12	12	1 AN ACT concerning public employee benefits.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Illinois Pension Code is amended by
16	16	5 changing Sections 14-110 and 14-152.1 as follows:
17	17	6 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
18	18	7 (Text of Section from P.A. 102-813 and 103-34)
19	19	8 Sec. 14-110. Alternative retirement annuity.
20	20	9 (a) Any member who has withdrawn from service with not
21	21	10 less than 20 years of eligible creditable service and has
22	22	11 attained age 55, and any member who has withdrawn from service
23	23	12 with not less than 25 years of eligible creditable service and
24	24	13 has attained age 50, regardless of whether the attainment of
25	25	14 either of the specified ages occurs while the member is still
26	26	15 in service, shall be entitled to receive at the option of the
27	27	16 member, in lieu of the regular or minimum retirement annuity,
28	28	17 a retirement annuity computed as follows:
29	29	18 (i) for periods of service as a noncovered employee:
30	30	19 if retirement occurs on or after January 1, 2001, 3% of
31	31	20 final average compensation for each year of creditable
32	32	21 service; if retirement occurs before January 1, 2001, 2
33	33	22 1/4% of final average compensation for each of the first
34	34	23 10 years of creditable service, 2 1/2% for each year above
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3616 Introduced 2/9/2024, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
39	39	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
40	40	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
41	41	40 ILCS 5/14-152.1
42	42	Amends the State Employee Article of the Illinois Pension Code. 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". Effective immediately.
43	43	LRB103 38437 RPS 68573 b LRB103 38437 RPS 68573 b
44	44	LRB103 38437 RPS 68573 b
45	45	A BILL FOR
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51	51	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
52	52	40 ILCS 5/14-152.1
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71	71	1 10 years to and including 20 years of creditable service,
72	72	2 and 2 3/4% for each year of creditable service above 20
73	73	3 years; and
74	74	4 (ii) for periods of eligible creditable service as a
75	75	5 covered employee: if retirement occurs on or after January
76	76	6 1, 2001, 2.5% of final average compensation for each year
77	77	7 of creditable service; if retirement occurs before January
78	78	8 1, 2001, 1.67% of final average compensation for each of
79	79	9 the first 10 years of such service, 1.90% for each of the
80	80	10 next 10 years of such service, 2.10% for each year of such
81	81	11 service in excess of 20 but not exceeding 30, and 2.30% for
82	82	12 each year in excess of 30.
83	83	13 Such annuity shall be subject to a maximum of 75% of final
84	84	14 average compensation if retirement occurs before January 1,
85	85	15 2001 or to a maximum of 80% of final average compensation if
86	86	16 retirement occurs on or after January 1, 2001.
87	87	17 These rates shall not be applicable to any service
88	88	18 performed by a member as a covered employee which is not
89	89	19 eligible creditable service. Service as a covered employee
90	90	20 which is not eligible creditable service shall be subject to
91	91	21 the rates and provisions of Section 14-108.
92	92	22 (a-5) Notwithstanding the applicable age eligibility
93	93	23 requirements of subsection (a) of this Section, beginning on
94	94	24 the effective date of this amendatory Act of the 103rd General
95	95	25 Assembly through the end of the 60th month after the effective
96	96	26 date of this amendatory Act of the 103rd General Assembly, a
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107	107	1 State policeman who earns a retirement annuity equal to the
108	108	2 limitation specified under subsection (a) of this Section, may
109	109	3 elect to begin his or her retirement annuity effective on the
110	110	4 month he or she first earned that retirement annuity at the
111	111	5 amount so limited or the effective date of this amendatory Act
112	112	6 of the 103rd General Assembly, whichever is later. A State
113	113	7 policeman who elects to retire under the provisions of this
114	114	8 subsection must first pay to the System an amount equal to the
115	115	9 increase in the present value of the future benefits resulting
116	116	10 from the State policeman's election to retire in accordance
117	117	11 with this subsection.
118	118	12 (b) For the purpose of this Section, "eligible creditable
119	119	13 service" means creditable service resulting from service in
120	120	14 one or more of the following positions:
121	121	15 (1) State policeman;
122	122	16 (2) fire fighter in the fire protection service of a
123	123	17 department;
124	124	18 (3) air pilot;
125	125	19 (4) special agent;
126	126	20 (5) investigator for the Secretary of State;
127	127	21 (6) conservation police officer;
128	128	22 (7) investigator for the Department of Revenue or the
129	129	23 Illinois Gaming Board;
130	130	24 (8) security employee of the Department of Human
131	131	25 Services;
132	132	26 (9) Central Management Services security police
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143	143	1 officer;
144	144	2 (10) security employee of the Department of
145	145	3 Corrections or the Department of Juvenile Justice;
146	146	4 (11) dangerous drugs investigator;
147	147	5 (12) investigator for the Illinois State Police;
148	148	6 (13) investigator for the Office of the Attorney
149	149	7 General;
150	150	8 (14) controlled substance inspector;
151	151	9 (15) investigator for the Office of the State's
152	152	10 Attorneys Appellate Prosecutor;
153	153	11 (16) Commerce Commission police officer;
154	154	12 (17) arson investigator;
155	155	13 (18) State highway maintenance worker;
156	156	14 (19) security employee of the Department of Innovation
157	157	15 and Technology; or
158	158	16 (20) transferred employee.
159	159	17 A person employed in one of the positions specified in
160	160	18 this subsection is entitled to eligible creditable service for
161	161	19 service credit earned under this Article while undergoing the
162	162	20 basic police training course approved by the Illinois Law
163	163	21 Enforcement Training Standards Board, if completion of that
164	164	22 training is required of persons serving in that position. For
165	165	23 the purposes of this Code, service during the required basic
166	166	24 police training course shall be deemed performance of the
167	167	25 duties of the specified position, even though the person is
168	168	26 not a sworn peace officer at the time of the training.
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179	179	1 A person under paragraph (20) is entitled to eligible
180	180	2 creditable service for service credit earned under this
181	181	3 Article on and after his or her transfer by Executive Order No.
182	182	4 2003-10, Executive Order No. 2004-2, or Executive Order No.
183	183	5 2016-1.
184	184	6 (c) For the purposes of this Section:
185	185	7 (1) The term "State policeman" includes any title or
186	186	8 position in the Illinois State Police that is held by an
187	187	9 individual employed under the Illinois State Police Act.
188	188	10 (2) The term "fire fighter in the fire protection
189	189	11 service of a department" includes all officers in such
190	190	12 fire protection service including fire chiefs and
191	191	13 assistant fire chiefs.
192	192	14 (3) The term "air pilot" includes any employee whose
193	193	15 official job description on file in the Department of
194	194	16 Central Management Services, or in the department by which
195	195	17 he is employed if that department is not covered by the
196	196	18 Personnel Code, states that his principal duty is the
197	197	19 operation of aircraft, and who possesses a pilot's
198	198	20 license; however, the change in this definition made by
199	199	21 Public Act 83-842 shall not operate to exclude any
200	200	22 noncovered employee who was an "air pilot" for the
201	201	23 purposes of this Section on January 1, 1984.
202	202	24 (4) The term "special agent" means any person who by
203	203	25 reason of employment by the Division of Narcotic Control,
204	204	26 the Bureau of Investigation or, after July 1, 1977, the
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215	215	1 Division of Criminal Investigation, the Division of
216	216	2 Internal Investigation, the Division of Operations, the
217	217	3 Division of Patrol, or any other Division or
218	218	4 organizational entity in the Illinois State Police is
219	219	5 vested by law with duties to maintain public order,
220	220	6 investigate violations of the criminal law of this State,
221	221	7 enforce the laws of this State, make arrests and recover
222	222	8 property. The term "special agent" includes any title or
223	223	9 position in the Illinois State Police that is held by an
224	224	10 individual employed under the Illinois State Police Act.
225	225	11 (5) The term "investigator for the Secretary of State"
226	226	12 means any person employed by the Office of the Secretary
227	227	13 of State and vested with such investigative duties as
228	228	14 render him ineligible for coverage under the Social
229	229	15 Security Act by reason of Sections 218(d)(5)(A),
230	230	16 218(d)(8)(D) and 218(l)(1) of that Act.
231	231	17 A person who became employed as an investigator for
232	232	18 the Secretary of State between January 1, 1967 and
233	233	19 December 31, 1975, and who has served as such until
234	234	20 attainment of age 60, either continuously or with a single
235	235	21 break in service of not more than 3 years duration, which
236	236	22 break terminated before January 1, 1976, shall be entitled
237	237	23 to have his retirement annuity calculated in accordance
238	238	24 with subsection (a), notwithstanding that he has less than
239	239	25 20 years of credit for such service.
240	240	26 (6) The term "Conservation Police Officer" means any
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251	251	1 person employed by the Division of Law Enforcement of the
252	252	2 Department of Natural Resources and vested with such law
253	253	3 enforcement duties as render him ineligible for coverage
254	254	4 under the Social Security Act by reason of Sections
255	255	5 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
256	256	6 term "Conservation Police Officer" includes the positions
257	257	7 of Chief Conservation Police Administrator and Assistant
258	258	8 Conservation Police Administrator.
259	259	9 (7) The term "investigator for the Department of
260	260	10 Revenue" means any person employed by the Department of
261	261	11 Revenue and vested with such investigative duties as
262	262	12 render him ineligible for coverage under the Social
263	263	13 Security Act by reason of Sections 218(d)(5)(A),
264	264	14 218(d)(8)(D) and 218(l)(1) of that Act.
265	265	15 The term "investigator for the Illinois Gaming Board"
266	266	16 means any person employed as such by the Illinois Gaming
267	267	17 Board and vested with such peace officer duties as render
268	268	18 the person ineligible for coverage under the Social
269	269	19 Security Act by reason of Sections 218(d)(5)(A),
270	270	20 218(d)(8)(D), and 218(l)(1) of that Act.
271	271	21 (8) The term "security employee of the Department of
272	272	22 Human Services" means any person employed by the
273	273	23 Department of Human Services who (i) is employed at the
274	274	24 Chester Mental Health Center and has daily contact with
275	275	25 the residents thereof, (ii) is employed within a security
276	276	26 unit at a facility operated by the Department and has
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287	287	1 daily contact with the residents of the security unit,
288	288	2 (iii) is employed at a facility operated by the Department
289	289	3 that includes a security unit and is regularly scheduled
290	290	4 to work at least 50% of his or her working hours within
291	291	5 that security unit, or (iv) is a mental health police
292	292	6 officer. "Mental health police officer" means any person
293	293	7 employed by the Department of Human Services in a position
294	294	8 pertaining to the Department's mental health and
295	295	9 developmental disabilities functions who is vested with
296	296	10 such law enforcement duties as render the person
297	297	11 ineligible for coverage under the Social Security Act by
298	298	12 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
299	299	13 218(l)(1) of that Act. "Security unit" means that portion
300	300	14 of a facility that is devoted to the care, containment,
301	301	15 and treatment of persons committed to the Department of
302	302	16 Human Services as sexually violent persons, persons unfit
303	303	17 to stand trial, or persons not guilty by reason of
304	304	18 insanity. With respect to past employment, references to
305	305	19 the Department of Human Services include its predecessor,
306	306	20 the Department of Mental Health and Developmental
307	307	21 Disabilities.
308	308	22 The changes made to this subdivision (c)(8) by Public
309	309	23 Act 92-14 apply to persons who retire on or after January
310	310	24 1, 2001, notwithstanding Section 1-103.1.
311	311	25 (9) "Central Management Services security police
312	312	26 officer" means any person employed by the Department of
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323	323	1 Central Management Services who is vested with such law
324	324	2 enforcement duties as render him ineligible for coverage
325	325	3 under the Social Security Act by reason of Sections
326	326	4 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
327	327	5 (10) For a member who first became an employee under
328	328	6 this Article before July 1, 2005, the term "security
329	329	7 employee of the Department of Corrections or the
330	330	8 Department of Juvenile Justice" means any employee of the
331	331	9 Department of Corrections or the Department of Juvenile
332	332	10 Justice or the former Department of Personnel, and any
333	333	11 member or employee of the Prisoner Review Board, who has
334	334	12 daily contact with inmates or youth by working within a
335	335	13 correctional facility or Juvenile facility operated by the
336	336	14 Department of Juvenile Justice or who is a parole officer
337	337	15 or an employee who has direct contact with committed
338	338	16 persons in the performance of his or her job duties. For a
339	339	17 member who first becomes an employee under this Article on
340	340	18 or after July 1, 2005, the term means an employee of the
341	341	19 Department of Corrections or the Department of Juvenile
342	342	20 Justice who is any of the following: (i) officially
343	343	21 headquartered at a correctional facility or Juvenile
344	344	22 facility operated by the Department of Juvenile Justice,
345	345	23 (ii) a parole officer, (iii) a member of the apprehension
346	346	24 unit, (iv) a member of the intelligence unit, (v) a member
347	347	25 of the sort team, or (vi) an investigator.
348	348	26 (11) The term "dangerous drugs investigator" means any
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359	359	1 person who is employed as such by the Department of Human
360	360	2 Services.
361	361	3 (12) The term "investigator for the Illinois State
362	362	4 Police" means a person employed by the Illinois State
363	363	5 Police who is vested under Section 4 of the Narcotic
364	364	6 Control Division Abolition Act with such law enforcement
365	365	7 powers as render him ineligible for coverage under the
366	366	8 Social Security Act by reason of Sections 218(d)(5)(A),
367	367	9 218(d)(8)(D) and 218(l)(1) of that Act.
368	368	10 (13) "Investigator for the Office of the Attorney
369	369	11 General" means any person who is employed as such by the
370	370	12 Office of the Attorney General and is vested with such
371	371	13 investigative duties as render him ineligible for coverage
372	372	14 under the Social Security Act by reason of Sections
373	373	15 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
374	374	16 the period before January 1, 1989, the term includes all
375	375	17 persons who were employed as investigators by the Office
376	376	18 of the Attorney General, without regard to social security
377	377	19 status.
378	378	20 (14) "Controlled substance inspector" means any person
379	379	21 who is employed as such by the Department of Professional
380	380	22 Regulation and is vested with such law enforcement duties
381	381	23 as render him ineligible for coverage under the Social
382	382	24 Security Act by reason of Sections 218(d)(5)(A),
383	383	25 218(d)(8)(D) and 218(l)(1) of that Act. The term
384	384	26 "controlled substance inspector" includes the Program
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395	395	1 Executive of Enforcement and the Assistant Program
396	396	2 Executive of Enforcement.
397	397	3 (15) The term "investigator for the Office of the
398	398	4 State's Attorneys Appellate Prosecutor" means a person
399	399	5 employed in that capacity on a full-time basis under the
400	400	6 authority of Section 7.06 of the State's Attorneys
401	401	7 Appellate Prosecutor's Act.
402	402	8 (16) "Commerce Commission police officer" means any
403	403	9 person employed by the Illinois Commerce Commission who is
404	404	10 vested with such law enforcement duties as render him
405	405	11 ineligible for coverage under the Social Security Act by
406	406	12 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
407	407	13 218(l)(1) of that Act.
408	408	14 (17) "Arson investigator" means any person who is
409	409	15 employed as such by the Office of the State Fire Marshal
410	410	16 and is vested with such law enforcement duties as render
411	411	17 the person ineligible for coverage under the Social
412	412	18 Security Act by reason of Sections 218(d)(5)(A),
413	413	19 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
414	414	20 employed as an arson investigator on January 1, 1995 and
415	415	21 is no longer in service but not yet receiving a retirement
416	416	22 annuity may convert his or her creditable service for
417	417	23 employment as an arson investigator into eligible
418	418	24 creditable service by paying to the System the difference
419	419	25 between the employee contributions actually paid for that
420	420	26 service and the amounts that would have been contributed
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429	429	SB3616- 12 -LRB103 38437 RPS 68573 b SB3616 - 12 - LRB103 38437 RPS 68573 b
430	430	SB3616 - 12 - LRB103 38437 RPS 68573 b
431	431	1 if the applicant were contributing at the rate applicable
432	432	2 to persons with the same social security status earning
433	433	3 eligible creditable service on the date of application.
434	434	4 (18) The term "State highway maintenance worker" means
435	435	5 a person who is either of the following:
436	436	6 (i) A person employed on a full-time basis by the
437	437	7 Illinois Department of Transportation in the position
438	438	8 of highway maintainer, highway maintenance lead
439	439	9 worker, highway maintenance lead/lead worker, heavy
440	440	10 construction equipment operator, power shovel
441	441	11 operator, or bridge mechanic; and whose principal
442	442	12 responsibility is to perform, on the roadway, the
443	443	13 actual maintenance necessary to keep the highways that
444	444	14 form a part of the State highway system in serviceable
445	445	15 condition for vehicular traffic.
446	446	16 (ii) A person employed on a full-time basis by the
447	447	17 Illinois State Toll Highway Authority in the position
448	448	18 of equipment operator/laborer H-4, equipment
449	449	19 operator/laborer H-6, welder H-4, welder H-6,
450	450	20 mechanical/electrical H-4, mechanical/electrical H-6,
451	451	21 water/sewer H-4, water/sewer H-6, sign maker/hanger
452	452	22 H-4, sign maker/hanger H-6, roadway lighting H-4,
453	453	23 roadway lighting H-6, structural H-4, structural H-6,
454	454	24 painter H-4, or painter H-6; and whose principal
455	455	25 responsibility is to perform, on the roadway, the
456	456	26 actual maintenance necessary to keep the Authority's
457	457
458	458
459	459
460	460
461	461
462	462	SB3616 - 12 - LRB103 38437 RPS 68573 b
463	463
464	464
465	465	SB3616- 13 -LRB103 38437 RPS 68573 b SB3616 - 13 - LRB103 38437 RPS 68573 b
466	466	SB3616 - 13 - LRB103 38437 RPS 68573 b
467	467	1 tollways in serviceable condition for vehicular
468	468	2 traffic.
469	469	3 (19) The term "security employee of the Department of
470	470	4 Innovation and Technology" means a person who was a
471	471	5 security employee of the Department of Corrections or the
472	472	6 Department of Juvenile Justice, was transferred to the
473	473	7 Department of Innovation and Technology pursuant to
474	474	8 Executive Order 2016-01, and continues to perform similar
475	475	9 job functions under that Department.
476	476	10 (20) "Transferred employee" means an employee who was
477	477	11 transferred to the Department of Central Management
478	478	12 Services by Executive Order No. 2003-10 or Executive Order
479	479	13 No. 2004-2 or transferred to the Department of Innovation
480	480	14 and Technology by Executive Order No. 2016-1, or both, and
481	481	15 was entitled to eligible creditable service for services
482	482	16 immediately preceding the transfer.
483	483	17 (d) A security employee of the Department of Corrections
484	484	18 or the Department of Juvenile Justice, a security employee of
485	485	19 the Department of Human Services who is not a mental health
486	486	20 police officer, and a security employee of the Department of
487	487	21 Innovation and Technology shall not be eligible for the
488	488	22 alternative retirement annuity provided by this Section unless
489	489	23 he or she meets the following minimum age and service
490	490	24 requirements at the time of retirement:
491	491	25 (i) 25 years of eligible creditable service and age
492	492	26 55; or
493	493
494	494
495	495
496	496
497	497
498	498	SB3616 - 13 - LRB103 38437 RPS 68573 b
499	499
500	500
501	501	SB3616- 14 -LRB103 38437 RPS 68573 b SB3616 - 14 - LRB103 38437 RPS 68573 b
502	502	SB3616 - 14 - LRB103 38437 RPS 68573 b
503	503	1 (ii) beginning January 1, 1987, 25 years of eligible
504	504	2 creditable service and age 54, or 24 years of eligible
505	505	3 creditable service and age 55; or
506	506	4 (iii) beginning January 1, 1988, 25 years of eligible
507	507	5 creditable service and age 53, or 23 years of eligible
508	508	6 creditable service and age 55; or
509	509	7 (iv) beginning January 1, 1989, 25 years of eligible
510	510	8 creditable service and age 52, or 22 years of eligible
511	511	9 creditable service and age 55; or
512	512	10 (v) beginning January 1, 1990, 25 years of eligible
513	513	11 creditable service and age 51, or 21 years of eligible
514	514	12 creditable service and age 55; or
515	515	13 (vi) beginning January 1, 1991, 25 years of eligible
516	516	14 creditable service and age 50, or 20 years of eligible
517	517	15 creditable service and age 55.
518	518	16 Persons who have service credit under Article 16 of this
519	519	17 Code for service as a security employee of the Department of
520	520	18 Corrections or the Department of Juvenile Justice, or the
521	521	19 Department of Human Services in a position requiring
522	522	20 certification as a teacher may count such service toward
523	523	21 establishing their eligibility under the service requirements
524	524	22 of this Section; but such service may be used only for
525	525	23 establishing such eligibility, and not for the purpose of
526	526	24 increasing or calculating any benefit.
527	527	25 (e) If a member enters military service while working in a
528	528	26 position in which eligible creditable service may be earned,
529	529
530	530
531	531
532	532
533	533
534	534	SB3616 - 14 - LRB103 38437 RPS 68573 b
535	535
536	536
537	537	SB3616- 15 -LRB103 38437 RPS 68573 b SB3616 - 15 - LRB103 38437 RPS 68573 b
538	538	SB3616 - 15 - LRB103 38437 RPS 68573 b
539	539	1 and returns to State service in the same or another such
540	540	2 position, and fulfills in all other respects the conditions
541	541	3 prescribed in this Article for credit for military service,
542	542	4 such military service shall be credited as eligible creditable
543	543	5 service for the purposes of the retirement annuity prescribed
544	544	6 in this Section.
545	545	7 (f) For purposes of calculating retirement annuities under
546	546	8 this Section, periods of service rendered after December 31,
547	547	9 1968 and before October 1, 1975 as a covered employee in the
548	548	10 position of special agent, conservation police officer, mental
549	549	11 health police officer, or investigator for the Secretary of
550	550	12 State, shall be deemed to have been service as a noncovered
551	551	13 employee, provided that the employee pays to the System prior
552	552	14 to retirement an amount equal to (1) the difference between
553	553	15 the employee contributions that would have been required for
554	554	16 such service as a noncovered employee, and the amount of
555	555	17 employee contributions actually paid, plus (2) if payment is
556	556	18 made after July 31, 1987, regular interest on the amount
557	557	19 specified in item (1) from the date of service to the date of
558	558	20 payment.
559	559	21 For purposes of calculating retirement annuities under
560	560	22 this Section, periods of service rendered after December 31,
561	561	23 1968 and before January 1, 1982 as a covered employee in the
562	562	24 position of investigator for the Department of Revenue shall
563	563	25 be deemed to have been service as a noncovered employee,
564	564	26 provided that the employee pays to the System prior to
565	565
566	566
567	567
568	568
569	569
570	570	SB3616 - 15 - LRB103 38437 RPS 68573 b
571	571
572	572
573	573	SB3616- 16 -LRB103 38437 RPS 68573 b SB3616 - 16 - LRB103 38437 RPS 68573 b
574	574	SB3616 - 16 - LRB103 38437 RPS 68573 b
575	575	1 retirement an amount equal to (1) the difference between the
576	576	2 employee contributions that would have been required for such
577	577	3 service as a noncovered employee, and the amount of employee
578	578	4 contributions actually paid, plus (2) if payment is made after
579	579	5 January 1, 1990, regular interest on the amount specified in
580	580	6 item (1) from the date of service to the date of payment.
581	581	7 (g) A State policeman may elect, not later than January 1,
582	582	8 1990, to establish eligible creditable service for up to 10
583	583	9 years of his service as a policeman under Article 3, by filing
584	584	10 a written election with the Board, accompanied by payment of
585	585	11 an amount to be determined by the Board, equal to (i) the
586	586	12 difference between the amount of employee and employer
587	587	13 contributions transferred to the System under Section 3-110.5,
588	588	14 and the amounts that would have been contributed had such
589	589	15 contributions been made at the rates applicable to State
590	590	16 policemen, plus (ii) interest thereon at the effective rate
591	591	17 for each year, compounded annually, from the date of service
592	592	18 to the date of payment.
593	593	19 Subject to the limitation in subsection (i), a State
594	594	20 policeman may elect, not later than July 1, 1993, to establish
595	595	21 eligible creditable service for up to 10 years of his service
596	596	22 as a member of the County Police Department under Article 9, by
597	597	23 filing a written election with the Board, accompanied by
598	598	24 payment of an amount to be determined by the Board, equal to
599	599	25 (i) the difference between the amount of employee and employer
600	600	26 contributions transferred to the System under Section 9-121.10
601	601
602	602
603	603
604	604
605	605
606	606	SB3616 - 16 - LRB103 38437 RPS 68573 b
607	607
608	608
609	609	SB3616- 17 -LRB103 38437 RPS 68573 b SB3616 - 17 - LRB103 38437 RPS 68573 b
610	610	SB3616 - 17 - LRB103 38437 RPS 68573 b
611	611	1 and the amounts that would have been contributed had those
612	612	2 contributions been made at the rates applicable to State
613	613	3 policemen, plus (ii) interest thereon at the effective rate
614	614	4 for each year, compounded annually, from the date of service
615	615	5 to the date of payment.
616	616	6 (h) Subject to the limitation in subsection (i), a State
617	617	7 policeman or investigator for the Secretary of State may elect
618	618	8 to establish eligible creditable service for up to 12 years of
619	619	9 his service as a policeman under Article 5, by filing a written
620	620	10 election with the Board on or before January 31, 1992, and
621	621	11 paying to the System by January 31, 1994 an amount to be
622	622	12 determined by the Board, equal to (i) the difference between
623	623	13 the amount of employee and employer contributions transferred
624	624	14 to the System under Section 5-236, and the amounts that would
625	625	15 have been contributed had such contributions been made at the
626	626	16 rates applicable to State policemen, plus (ii) interest
627	627	17 thereon at the effective rate for each year, compounded
628	628	18 annually, from the date of service to the date of payment.
629	629	19 Subject to the limitation in subsection (i), a State
630	630	20 policeman, conservation police officer, or investigator for
631	631	21 the Secretary of State may elect to establish eligible
632	632	22 creditable service for up to 10 years of service as a sheriff's
633	633	23 law enforcement employee under Article 7, by filing a written
634	634	24 election with the Board on or before January 31, 1993, and
635	635	25 paying to the System by January 31, 1994 an amount to be
636	636	26 determined by the Board, equal to (i) the difference between
637	637
638	638
639	639
640	640
641	641
642	642	SB3616 - 17 - LRB103 38437 RPS 68573 b
643	643
644	644
645	645	SB3616- 18 -LRB103 38437 RPS 68573 b SB3616 - 18 - LRB103 38437 RPS 68573 b
646	646	SB3616 - 18 - LRB103 38437 RPS 68573 b
647	647	1 the amount of employee and employer contributions transferred
648	648	2 to the System under Section 7-139.7, and the amounts that
649	649	3 would have been contributed had such contributions been made
650	650	4 at the rates applicable to State policemen, plus (ii) interest
651	651	5 thereon at the effective rate for each year, compounded
652	652	6 annually, from the date of service to the date of payment.
653	653	7 Subject to the limitation in subsection (i), a State
654	654	8 policeman, conservation police officer, or investigator for
655	655	9 the Secretary of State may elect to establish eligible
656	656	10 creditable service for up to 5 years of service as a police
657	657	11 officer under Article 3, a policeman under Article 5, a
658	658	12 sheriff's law enforcement employee under Article 7, a member
659	659	13 of the county police department under Article 9, or a police
660	660	14 officer under Article 15 by filing a written election with the
661	661	15 Board and paying to the System an amount to be determined by
662	662	16 the Board, equal to (i) the difference between the amount of
663	663	17 employee and employer contributions transferred to the System
664	664	18 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
665	665	19 and the amounts that would have been contributed had such
666	666	20 contributions been made at the rates applicable to State
667	667	21 policemen, plus (ii) interest thereon at the effective rate
668	668	22 for each year, compounded annually, from the date of service
669	669	23 to the date of payment.
670	670	24 Subject to the limitation in subsection (i), an
671	671	25 investigator for the Office of the Attorney General, or an
672	672	26 investigator for the Department of Revenue, may elect to
673	673
674	674
675	675
676	676
677	677
678	678	SB3616 - 18 - LRB103 38437 RPS 68573 b
679	679
680	680
681	681	SB3616- 19 -LRB103 38437 RPS 68573 b SB3616 - 19 - LRB103 38437 RPS 68573 b
682	682	SB3616 - 19 - LRB103 38437 RPS 68573 b
683	683	1 establish eligible creditable service for up to 5 years of
684	684	2 service as a police officer under Article 3, a policeman under
685	685	3 Article 5, a sheriff's law enforcement employee under Article
686	686	4 7, or a member of the county police department under Article 9
687	687	5 by filing a written election with the Board within 6 months
688	688	6 after August 25, 2009 (the effective date of Public Act
689	689	7 96-745) and paying to the System an amount to be determined by
690	690	8 the Board, equal to (i) the difference between the amount of
691	691	9 employee and employer contributions transferred to the System
692	692	10 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
693	693	11 amounts that would have been contributed had such
694	694	12 contributions been made at the rates applicable to State
695	695	13 policemen, plus (ii) interest thereon at the actuarially
696	696	14 assumed rate for each year, compounded annually, from the date
697	697	15 of service to the date of payment.
698	698	16 Subject to the limitation in subsection (i), a State
699	699	17 policeman, conservation police officer, investigator for the
700	700	18 Office of the Attorney General, an investigator for the
701	701	19 Department of Revenue, or investigator for the Secretary of
702	702	20 State may elect to establish eligible creditable service for
703	703	21 up to 5 years of service as a person employed by a
704	704	22 participating municipality to perform police duties, or law
705	705	23 enforcement officer employed on a full-time basis by a forest
706	706	24 preserve district under Article 7, a county corrections
707	707	25 officer, or a court services officer under Article 9, by
708	708	26 filing a written election with the Board within 6 months after
709	709
710	710
711	711
712	712
713	713
714	714	SB3616 - 19 - LRB103 38437 RPS 68573 b
715	715
716	716
717	717	SB3616- 20 -LRB103 38437 RPS 68573 b SB3616 - 20 - LRB103 38437 RPS 68573 b
718	718	SB3616 - 20 - LRB103 38437 RPS 68573 b
719	719	1 August 25, 2009 (the effective date of Public Act 96-745) and
720	720	2 paying to the System an amount to be determined by the Board,
721	721	3 equal to (i) the difference between the amount of employee and
722	722	4 employer contributions transferred to the System under
723	723	5 Sections 7-139.8 and 9-121.10 and the amounts that would have
724	724	6 been contributed had such contributions been made at the rates
725	725	7 applicable to State policemen, plus (ii) interest thereon at
726	726	8 the actuarially assumed rate for each year, compounded
727	727	9 annually, from the date of service to the date of payment.
728	728	10 Subject to the limitation in subsection (i), a State
729	729	11 policeman, arson investigator, or Commerce Commission police
730	730	12 officer may elect to establish eligible creditable service for
731	731	13 up to 5 years of service as a person employed by a
732	732	14 participating municipality to perform police duties under
733	733	15 Article 7, a county corrections officer, a court services
734	734	16 officer under Article 9, or a firefighter under Article 4 by
735	735	17 filing a written election with the Board within 6 months after
736	736	18 July 30, 2021 (the effective date of Public Act 102-210) and
737	737	19 paying to the System an amount to be determined by the Board
738	738	20 equal to (i) the difference between the amount of employee and
739	739	21 employer contributions transferred to the System under
740	740	22 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
741	741	23 would have been contributed had such contributions been made
742	742	24 at the rates applicable to State policemen, plus (ii) interest
743	743	25 thereon at the actuarially assumed rate for each year,
744	744	26 compounded annually, from the date of service to the date of
745	745
746	746
747	747
748	748
749	749
750	750	SB3616 - 20 - LRB103 38437 RPS 68573 b
751	751
752	752
753	753	SB3616- 21 -LRB103 38437 RPS 68573 b SB3616 - 21 - LRB103 38437 RPS 68573 b
754	754	SB3616 - 21 - LRB103 38437 RPS 68573 b
755	755	1 payment.
756	756	2 Subject to the limitation in subsection (i), a
757	757	3 conservation police officer may elect to establish eligible
758	758	4 creditable service for up to 5 years of service as a person
759	759	5 employed by a participating municipality to perform police
760	760	6 duties under Article 7, a county corrections officer, or a
761	761	7 court services officer under Article 9 by filing a written
762	762	8 election with the Board within 6 months after July 30, 2021
763	763	9 (the effective date of Public Act 102-210) and paying to the
764	764	10 System an amount to be determined by the Board equal to (i) the
765	765	11 difference between the amount of employee and employer
766	766	12 contributions transferred to the System under Sections 7-139.8
767	767	13 and 9-121.10 and the amounts that would have been contributed
768	768	14 had such contributions been made at the rates applicable to
769	769	15 State policemen, plus (ii) interest thereon at the actuarially
770	770	16 assumed rate for each year, compounded annually, from the date
771	771	17 of service to the date of payment.
772	772	18 Notwithstanding the limitation in subsection (i), a State
773	773	19 policeman or conservation police officer may elect to convert
774	774	20 service credit earned under this Article to eligible
775	775	21 creditable service, as defined by this Section, by filing a
776	776	22 written election with the Board board within 6 months after
777	777	23 July 30, 2021 (the effective date of Public Act 102-210) and
778	778	24 paying to the System an amount to be determined by the Board
779	779	25 equal to (i) the difference between the amount of employee
780	780	26 contributions originally paid for that service and the amounts
781	781
782	782
783	783
784	784
785	785
786	786	SB3616 - 21 - LRB103 38437 RPS 68573 b
787	787
788	788
789	789	SB3616- 22 -LRB103 38437 RPS 68573 b SB3616 - 22 - LRB103 38437 RPS 68573 b
790	790	SB3616 - 22 - LRB103 38437 RPS 68573 b
791	791	1 that would have been contributed had such contributions been
792	792	2 made at the rates applicable to State policemen, plus (ii) the
793	793	3 difference between the employer's normal cost of the credit
794	794	4 prior to the conversion authorized by this amendatory Act of
795	795	5 the 103rd General Assembly Public Act 102-210 and the
796	796	6 employer's normal cost of the credit converted in accordance
797	797	7 with this amendatory Act of the 103rd General Assembly Public
798	798	8 Act 102-210, plus (iii) interest thereon at the actuarially
799	799	9 assumed rate for each year, compounded annually, from the date
800	800	10 of service to the date of payment.
801	801	11 (i) The total amount of eligible creditable service
802	802	12 established by any person under subsections (g), (h), (j),
803	803	13 (k), (l), (l-5), and (o) of this Section shall not exceed 12
804	804	14 years.
805	805	15 (j) Subject to the limitation in subsection (i), an
806	806	16 investigator for the Office of the State's Attorneys Appellate
807	807	17 Prosecutor or a controlled substance inspector may elect to
808	808	18 establish eligible creditable service for up to 10 years of
809	809	19 his service as a policeman under Article 3 or a sheriff's law
810	810	20 enforcement employee under Article 7, by filing a written
811	811	21 election with the Board, accompanied by payment of an amount
812	812	22 to be determined by the Board, equal to (1) the difference
813	813	23 between the amount of employee and employer contributions
814	814	24 transferred to the System under Section 3-110.6 or 7-139.8,
815	815	25 and the amounts that would have been contributed had such
816	816	26 contributions been made at the rates applicable to State
817	817
818	818
819	819
820	820
821	821
822	822	SB3616 - 22 - LRB103 38437 RPS 68573 b
823	823
824	824
825	825	SB3616- 23 -LRB103 38437 RPS 68573 b SB3616 - 23 - LRB103 38437 RPS 68573 b
826	826	SB3616 - 23 - LRB103 38437 RPS 68573 b
827	827	1 policemen, plus (2) interest thereon at the effective rate for
828	828	2 each year, compounded annually, from the date of service to
829	829	3 the date of payment.
830	830	4 (k) Subject to the limitation in subsection (i) of this
831	831	5 Section, an alternative formula employee may elect to
832	832	6 establish eligible creditable service for periods spent as a
833	833	7 full-time law enforcement officer or full-time corrections
834	834	8 officer employed by the federal government or by a state or
835	835	9 local government located outside of Illinois, for which credit
836	836	10 is not held in any other public employee pension fund or
837	837	11 retirement system. To obtain this credit, the applicant must
838	838	12 file a written application with the Board by March 31, 1998,
839	839	13 accompanied by evidence of eligibility acceptable to the Board
840	840	14 and payment of an amount to be determined by the Board, equal
841	841	15 to (1) employee contributions for the credit being
842	842	16 established, based upon the applicant's salary on the first
843	843	17 day as an alternative formula employee after the employment
844	844	18 for which credit is being established and the rates then
845	845	19 applicable to alternative formula employees, plus (2) an
846	846	20 amount determined by the Board to be the employer's normal
847	847	21 cost of the benefits accrued for the credit being established,
848	848	22 plus (3) regular interest on the amounts in items (1) and (2)
849	849	23 from the first day as an alternative formula employee after
850	850	24 the employment for which credit is being established to the
851	851	25 date of payment.
852	852	26 (l) Subject to the limitation in subsection (i), a
853	853
854	854
855	855
856	856
857	857
858	858	SB3616 - 23 - LRB103 38437 RPS 68573 b
859	859
860	860
861	861	SB3616- 24 -LRB103 38437 RPS 68573 b SB3616 - 24 - LRB103 38437 RPS 68573 b
862	862	SB3616 - 24 - LRB103 38437 RPS 68573 b
863	863	1 security employee of the Department of Corrections may elect,
864	864	2 not later than July 1, 1998, to establish eligible creditable
865	865	3 service for up to 10 years of his or her service as a policeman
866	866	4 under Article 3, by filing a written election with the Board,
867	867	5 accompanied by payment of an amount to be determined by the
868	868	6 Board, equal to (i) the difference between the amount of
869	869	7 employee and employer contributions transferred to the System
870	870	8 under Section 3-110.5, and the amounts that would have been
871	871	9 contributed had such contributions been made at the rates
872	872	10 applicable to security employees of the Department of
873	873	11 Corrections, plus (ii) interest thereon at the effective rate
874	874	12 for each year, compounded annually, from the date of service
875	875	13 to the date of payment.
876	876	14 (l-5) Subject to the limitation in subsection (i) of this
877	877	15 Section, a State policeman may elect to establish eligible
878	878	16 creditable service for up to 5 years of service as a full-time
879	879	17 law enforcement officer employed by the federal government or
880	880	18 by a state or local government located outside of Illinois for
881	881	19 which credit is not held in any other public employee pension
882	882	20 fund or retirement system. To obtain this credit, the
883	883	21 applicant must file a written application with the Board no
884	884	22 later than 3 years after January 1, 2020 (the effective date of
885	885	23 Public Act 101-610), accompanied by evidence of eligibility
886	886	24 acceptable to the Board and payment of an amount to be
887	887	25 determined by the Board, equal to (1) employee contributions
888	888	26 for the credit being established, based upon the applicant's
889	889
890	890
891	891
892	892
893	893
894	894	SB3616 - 24 - LRB103 38437 RPS 68573 b
895	895
896	896
897	897	SB3616- 25 -LRB103 38437 RPS 68573 b SB3616 - 25 - LRB103 38437 RPS 68573 b
898	898	SB3616 - 25 - LRB103 38437 RPS 68573 b
899	899	1 salary on the first day as an alternative formula employee
900	900	2 after the employment for which credit is being established and
901	901	3 the rates then applicable to alternative formula employees,
902	902	4 plus (2) an amount determined by the Board to be the employer's
903	903	5 normal cost of the benefits accrued for the credit being
904	904	6 established, plus (3) regular interest on the amounts in items
905	905	7 (1) and (2) from the first day as an alternative formula
906	906	8 employee after the employment for which credit is being
907	907	9 established to the date of payment.
908	908	10 (m) The amendatory changes to this Section made by Public
909	909	11 Act 94-696 apply only to: (1) security employees of the
910	910	12 Department of Juvenile Justice employed by the Department of
911	911	13 Corrections before June 1, 2006 (the effective date of Public
912	912	14 Act 94-696) and transferred to the Department of Juvenile
913	913	15 Justice by Public Act 94-696; and (2) persons employed by the
914	914	16 Department of Juvenile Justice on or after June 1, 2006 (the
915	915	17 effective date of Public Act 94-696) who are required by
916	916	18 subsection (b) of Section 3-2.5-15 of the Unified Code of
917	917	19 Corrections to have any bachelor's or advanced degree from an
918	918	20 accredited college or university or, in the case of persons
919	919	21 who provide vocational training, who are required to have
920	920	22 adequate knowledge in the skill for which they are providing
921	921	23 the vocational training.
922	922	24 (n) A person employed in a position under subsection (b)
923	923	25 of this Section who has purchased service credit under
924	924	26 subsection (j) of Section 14-104 or subsection (b) of Section
925	925
926	926
927	927
928	928
929	929
930	930	SB3616 - 25 - LRB103 38437 RPS 68573 b
931	931
932	932
933	933	SB3616- 26 -LRB103 38437 RPS 68573 b SB3616 - 26 - LRB103 38437 RPS 68573 b
934	934	SB3616 - 26 - LRB103 38437 RPS 68573 b
935	935	1 14-105 in any other capacity under this Article may convert up
936	936	2 to 5 years of that service credit into service credit covered
937	937	3 under this Section by paying to the Fund an amount equal to (1)
938	938	4 the additional employee contribution required under Section
939	939	5 14-133, plus (2) the additional employer contribution required
940	940	6 under Section 14-131, plus (3) interest on items (1) and (2) at
941	941	7 the actuarially assumed rate from the date of the service to
942	942	8 the date of payment.
943	943	9 (o) Subject to the limitation in subsection (i), a
944	944	10 conservation police officer, investigator for the Secretary of
945	945	11 State, Commerce Commission police officer, investigator for
946	946	12 the Department of Revenue or the Illinois Gaming Board, or
947	947	13 arson investigator subject to subsection (g) of Section 1-160
948	948	14 may elect to convert up to 8 years of service credit
949	949	15 established before January 1, 2020 (the effective date of
950	950	16 Public Act 101-610) as a conservation police officer,
951	951	17 investigator for the Secretary of State, Commerce Commission
952	952	18 police officer, investigator for the Department of Revenue or
953	953	19 the Illinois Gaming Board, or arson investigator under this
954	954	20 Article into eligible creditable service by filing a written
955	955	21 election with the Board no later than one year after January 1,
956	956	22 2020 (the effective date of Public Act 101-610), accompanied
957	957	23 by payment of an amount to be determined by the Board equal to
958	958	24 (i) the difference between the amount of the employee
959	959	25 contributions actually paid for that service and the amount of
960	960	26 the employee contributions that would have been paid had the
961	961
962	962
963	963
964	964
965	965
966	966	SB3616 - 26 - LRB103 38437 RPS 68573 b
967	967
968	968
969	969	SB3616- 27 -LRB103 38437 RPS 68573 b SB3616 - 27 - LRB103 38437 RPS 68573 b
970	970	SB3616 - 27 - LRB103 38437 RPS 68573 b
971	971	1 employee contributions been made as a noncovered employee
972	972	2 serving in a position in which eligible creditable service, as
973	973	3 defined in this Section, may be earned, plus (ii) interest
974	974	4 thereon at the effective rate for each year, compounded
975	975	5 annually, from the date of service to the date of payment.
976	976	6 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
977	977	7 102-813, eff. 5-13-22; 103-34, eff. 1-1-24.)
978	978	8 (Text of Section from P.A. 102-856 and 103-34)
979	979	9 Sec. 14-110. Alternative retirement annuity.
980	980	10 (a) Any member who has withdrawn from service with not
981	981	11 less than 20 years of eligible creditable service and has
982	982	12 attained age 55, and any member who has withdrawn from service
983	983	13 with not less than 25 years of eligible creditable service and
984	984	14 has attained age 50, regardless of whether the attainment of
985	985	15 either of the specified ages occurs while the member is still
986	986	16 in service, shall be entitled to receive at the option of the
987	987	17 member, in lieu of the regular or minimum retirement annuity,
988	988	18 a retirement annuity computed as follows:
989	989	19 (i) for periods of service as a noncovered employee:
990	990	20 if retirement occurs on or after January 1, 2001, 3% of
991	991	21 final average compensation for each year of creditable
992	992	22 service; if retirement occurs before January 1, 2001, 2
993	993	23 1/4% of final average compensation for each of the first
994	994	24 10 years of creditable service, 2 1/2% for each year above
995	995	25 10 years to and including 20 years of creditable service,
996	996
997	997
998	998
999	999
1000	1000
1001	1001	SB3616 - 27 - LRB103 38437 RPS 68573 b
1002	1002
1003	1003
1004	1004	SB3616- 28 -LRB103 38437 RPS 68573 b SB3616 - 28 - LRB103 38437 RPS 68573 b
1005	1005	SB3616 - 28 - LRB103 38437 RPS 68573 b
1006	1006	1 and 2 3/4% for each year of creditable service above 20
1007	1007	2 years; and
1008	1008	3 (ii) for periods of eligible creditable service as a
1009	1009	4 covered employee: if retirement occurs on or after January
1010	1010	5 1, 2001, 2.5% of final average compensation for each year
1011	1011	6 of creditable service; if retirement occurs before January
1012	1012	7 1, 2001, 1.67% of final average compensation for each of
1013	1013	8 the first 10 years of such service, 1.90% for each of the
1014	1014	9 next 10 years of such service, 2.10% for each year of such
1015	1015	10 service in excess of 20 but not exceeding 30, and 2.30% for
1016	1016	11 each year in excess of 30.
1017	1017	12 Such annuity shall be subject to a maximum of 75% of final
1018	1018	13 average compensation if retirement occurs before January 1,
1019	1019	14 2001 or to a maximum of 80% of final average compensation if
1020	1020	15 retirement occurs on or after January 1, 2001.
1021	1021	16 These rates shall not be applicable to any service
1022	1022	17 performed by a member as a covered employee which is not
1023	1023	18 eligible creditable service. Service as a covered employee
1024	1024	19 which is not eligible creditable service shall be subject to
1025	1025	20 the rates and provisions of Section 14-108.
1026	1026	21 (a-5) Notwithstanding the applicable age eligibility
1027	1027	22 requirements of subsection (a) of this Section, beginning on
1028	1028	23 the effective date of this amendatory Act of the 103rd General
1029	1029	24 Assembly through the end of the 60th month after the effective
1030	1030	25 date of this amendatory Act of the 103rd General Assembly, a
1031	1031	26 State policeman who earns a retirement annuity equal to the
1032	1032
1033	1033
1034	1034
1035	1035
1036	1036
1037	1037	SB3616 - 28 - LRB103 38437 RPS 68573 b
1038	1038
1039	1039
1040	1040	SB3616- 29 -LRB103 38437 RPS 68573 b SB3616 - 29 - LRB103 38437 RPS 68573 b
1041	1041	SB3616 - 29 - LRB103 38437 RPS 68573 b
1042	1042	1 limitation specified under subsection (a) of this Section, may
1043	1043	2 elect to begin his or her retirement annuity effective on the
1044	1044	3 month he or she first earned that retirement annuity at the
1045	1045	4 amount so limited or the effective date of this amendatory Act
1046	1046	5 of the 103rd General Assembly, whichever is later. A State
1047	1047	6 policeman who elects to retire under the provisions of this
1048	1048	7 subsection must first pay to the System an amount equal to the
1049	1049	8 increase in the present value of the future benefits resulting
1050	1050	9 from the State policeman's election to retire in accordance
1051	1051	10 with this subsection.
1052	1052	11 (b) For the purpose of this Section, "eligible creditable
1053	1053	12 service" means creditable service resulting from service in
1054	1054	13 one or more of the following positions:
1055	1055	14 (1) State policeman;
1056	1056	15 (2) fire fighter in the fire protection service of a
1057	1057	16 department;
1058	1058	17 (3) air pilot;
1059	1059	18 (4) special agent;
1060	1060	19 (5) investigator for the Secretary of State;
1061	1061	20 (6) conservation police officer;
1062	1062	21 (7) investigator for the Department of Revenue or the
1063	1063	22 Illinois Gaming Board;
1064	1064	23 (8) security employee of the Department of Human
1065	1065	24 Services;
1066	1066	25 (9) Central Management Services security police
1067	1067	26 officer;
1068	1068
1069	1069
1070	1070
1071	1071
1072	1072
1073	1073	SB3616 - 29 - LRB103 38437 RPS 68573 b
1074	1074
1075	1075
1076	1076	SB3616- 30 -LRB103 38437 RPS 68573 b SB3616 - 30 - LRB103 38437 RPS 68573 b
1077	1077	SB3616 - 30 - LRB103 38437 RPS 68573 b
1078	1078	1 (10) security employee of the Department of
1079	1079	2 Corrections or the Department of Juvenile Justice;
1080	1080	3 (11) dangerous drugs investigator;
1081	1081	4 (12) investigator for the Illinois State Police;
1082	1082	5 (13) investigator for the Office of the Attorney
1083	1083	6 General;
1084	1084	7 (14) controlled substance inspector;
1085	1085	8 (15) investigator for the Office of the State's
1086	1086	9 Attorneys Appellate Prosecutor;
1087	1087	10 (16) Commerce Commission police officer;
1088	1088	11 (17) arson investigator;
1089	1089	12 (18) State highway maintenance worker;
1090	1090	13 (19) security employee of the Department of Innovation
1091	1091	14 and Technology; or
1092	1092	15 (20) transferred employee.
1093	1093	16 A person employed in one of the positions specified in
1094	1094	17 this subsection is entitled to eligible creditable service for
1095	1095	18 service credit earned under this Article while undergoing the
1096	1096	19 basic police training course approved by the Illinois Law
1097	1097	20 Enforcement Training Standards Board, if completion of that
1098	1098	21 training is required of persons serving in that position. For
1099	1099	22 the purposes of this Code, service during the required basic
1100	1100	23 police training course shall be deemed performance of the
1101	1101	24 duties of the specified position, even though the person is
1102	1102	25 not a sworn peace officer at the time of the training.
1103	1103	26 A person under paragraph (20) is entitled to eligible
1104	1104
1105	1105
1106	1106
1107	1107
1108	1108
1109	1109	SB3616 - 30 - LRB103 38437 RPS 68573 b
1110	1110
1111	1111
1112	1112	SB3616- 31 -LRB103 38437 RPS 68573 b SB3616 - 31 - LRB103 38437 RPS 68573 b
1113	1113	SB3616 - 31 - LRB103 38437 RPS 68573 b
1114	1114	1 creditable service for service credit earned under this
1115	1115	2 Article on and after his or her transfer by Executive Order No.
1116	1116	3 2003-10, Executive Order No. 2004-2, or Executive Order No.
1117	1117	4 2016-1.
1118	1118	5 (c) For the purposes of this Section:
1119	1119	6 (1) The term "State policeman" includes any title or
1120	1120	7 position in the Illinois State Police that is held by an
1121	1121	8 individual employed under the Illinois State Police Act.
1122	1122	9 (2) The term "fire fighter in the fire protection
1123	1123	10 service of a department" includes all officers in such
1124	1124	11 fire protection service including fire chiefs and
1125	1125	12 assistant fire chiefs.
1126	1126	13 (3) The term "air pilot" includes any employee whose
1127	1127	14 official job description on file in the Department of
1128	1128	15 Central Management Services, or in the department by which
1129	1129	16 he is employed if that department is not covered by the
1130	1130	17 Personnel Code, states that his principal duty is the
1131	1131	18 operation of aircraft, and who possesses a pilot's
1132	1132	19 license; however, the change in this definition made by
1133	1133	20 Public Act 83-842 shall not operate to exclude any
1134	1134	21 noncovered employee who was an "air pilot" for the
1135	1135	22 purposes of this Section on January 1, 1984.
1136	1136	23 (4) The term "special agent" means any person who by
1137	1137	24 reason of employment by the Division of Narcotic Control,
1138	1138	25 the Bureau of Investigation or, after July 1, 1977, the
1139	1139	26 Division of Criminal Investigation, the Division of
1140	1140
1141	1141
1142	1142
1143	1143
1144	1144
1145	1145	SB3616 - 31 - LRB103 38437 RPS 68573 b
1146	1146
1147	1147
1148	1148	SB3616- 32 -LRB103 38437 RPS 68573 b SB3616 - 32 - LRB103 38437 RPS 68573 b
1149	1149	SB3616 - 32 - LRB103 38437 RPS 68573 b
1150	1150	1 Internal Investigation, the Division of Operations, the
1151	1151	2 Division of Patrol, or any other Division or
1152	1152	3 organizational entity in the Illinois State Police is
1153	1153	4 vested by law with duties to maintain public order,
1154	1154	5 investigate violations of the criminal law of this State,
1155	1155	6 enforce the laws of this State, make arrests and recover
1156	1156	7 property. The term "special agent" includes any title or
1157	1157	8 position in the Illinois State Police that is held by an
1158	1158	9 individual employed under the Illinois State Police Act.
1159	1159	10 (5) The term "investigator for the Secretary of State"
1160	1160	11 means any person employed by the Office of the Secretary
1161	1161	12 of State and vested with such investigative duties as
1162	1162	13 render him ineligible for coverage under the Social
1163	1163	14 Security Act by reason of Sections 218(d)(5)(A),
1164	1164	15 218(d)(8)(D) and 218(l)(1) of that Act.
1165	1165	16 A person who became employed as an investigator for
1166	1166	17 the Secretary of State between January 1, 1967 and
1167	1167	18 December 31, 1975, and who has served as such until
1168	1168	19 attainment of age 60, either continuously or with a single
1169	1169	20 break in service of not more than 3 years duration, which
1170	1170	21 break terminated before January 1, 1976, shall be entitled
1171	1171	22 to have his retirement annuity calculated in accordance
1172	1172	23 with subsection (a), notwithstanding that he has less than
1173	1173	24 20 years of credit for such service.
1174	1174	25 (6) The term "Conservation Police Officer" means any
1175	1175	26 person employed by the Division of Law Enforcement of the
1176	1176
1177	1177
1178	1178
1179	1179
1180	1180
1181	1181	SB3616 - 32 - LRB103 38437 RPS 68573 b
1182	1182
1183	1183
1184	1184	SB3616- 33 -LRB103 38437 RPS 68573 b SB3616 - 33 - LRB103 38437 RPS 68573 b
1185	1185	SB3616 - 33 - LRB103 38437 RPS 68573 b
1186	1186	1 Department of Natural Resources and vested with such law
1187	1187	2 enforcement duties as render him ineligible for coverage
1188	1188	3 under the Social Security Act by reason of Sections
1189	1189	4 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
1190	1190	5 term "Conservation Police Officer" includes the positions
1191	1191	6 of Chief Conservation Police Administrator and Assistant
1192	1192	7 Conservation Police Administrator.
1193	1193	8 (7) The term "investigator for the Department of
1194	1194	9 Revenue" means any person employed by the Department of
1195	1195	10 Revenue and vested with such investigative duties as
1196	1196	11 render him ineligible for coverage under the Social
1197	1197	12 Security Act by reason of Sections 218(d)(5)(A),
1198	1198	13 218(d)(8)(D) and 218(l)(1) of that Act.
1199	1199	14 The term "investigator for the Illinois Gaming Board"
1200	1200	15 means any person employed as such by the Illinois Gaming
1201	1201	16 Board and vested with such peace officer duties as render
1202	1202	17 the person ineligible for coverage under the Social
1203	1203	18 Security Act by reason of Sections 218(d)(5)(A),
1204	1204	19 218(d)(8)(D), and 218(l)(1) of that Act.
1205	1205	20 (8) The term "security employee of the Department of
1206	1206	21 Human Services" means any person employed by the
1207	1207	22 Department of Human Services who (i) is employed at the
1208	1208	23 Chester Mental Health Center and has daily contact with
1209	1209	24 the residents thereof, (ii) is employed within a security
1210	1210	25 unit at a facility operated by the Department and has
1211	1211	26 daily contact with the residents of the security unit,
1212	1212
1213	1213
1214	1214
1215	1215
1216	1216
1217	1217	SB3616 - 33 - LRB103 38437 RPS 68573 b
1218	1218
1219	1219
1220	1220	SB3616- 34 -LRB103 38437 RPS 68573 b SB3616 - 34 - LRB103 38437 RPS 68573 b
1221	1221	SB3616 - 34 - LRB103 38437 RPS 68573 b
1222	1222	1 (iii) is employed at a facility operated by the Department
1223	1223	2 that includes a security unit and is regularly scheduled
1224	1224	3 to work at least 50% of his or her working hours within
1225	1225	4 that security unit, or (iv) is a mental health police
1226	1226	5 officer. "Mental health police officer" means any person
1227	1227	6 employed by the Department of Human Services in a position
1228	1228	7 pertaining to the Department's mental health and
1229	1229	8 developmental disabilities functions who is vested with
1230	1230	9 such law enforcement duties as render the person
1231	1231	10 ineligible for coverage under the Social Security Act by
1232	1232	11 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
1233	1233	12 218(l)(1) of that Act. "Security unit" means that portion
1234	1234	13 of a facility that is devoted to the care, containment,
1235	1235	14 and treatment of persons committed to the Department of
1236	1236	15 Human Services as sexually violent persons, persons unfit
1237	1237	16 to stand trial, or persons not guilty by reason of
1238	1238	17 insanity. With respect to past employment, references to
1239	1239	18 the Department of Human Services include its predecessor,
1240	1240	19 the Department of Mental Health and Developmental
1241	1241	20 Disabilities.
1242	1242	21 The changes made to this subdivision (c)(8) by Public
1243	1243	22 Act 92-14 apply to persons who retire on or after January
1244	1244	23 1, 2001, notwithstanding Section 1-103.1.
1245	1245	24 (9) "Central Management Services security police
1246	1246	25 officer" means any person employed by the Department of
1247	1247	26 Central Management Services who is vested with such law
1248	1248
1249	1249
1250	1250
1251	1251
1252	1252
1253	1253	SB3616 - 34 - LRB103 38437 RPS 68573 b
1254	1254
1255	1255
1256	1256	SB3616- 35 -LRB103 38437 RPS 68573 b SB3616 - 35 - LRB103 38437 RPS 68573 b
1257	1257	SB3616 - 35 - LRB103 38437 RPS 68573 b
1258	1258	1 enforcement duties as render him ineligible for coverage
1259	1259	2 under the Social Security Act by reason of Sections
1260	1260	3 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
1261	1261	4 (10) For a member who first became an employee under
1262	1262	5 this Article before July 1, 2005, the term "security
1263	1263	6 employee of the Department of Corrections or the
1264	1264	7 Department of Juvenile Justice" means any employee of the
1265	1265	8 Department of Corrections or the Department of Juvenile
1266	1266	9 Justice or the former Department of Personnel, and any
1267	1267	10 member or employee of the Prisoner Review Board, who has
1268	1268	11 daily contact with inmates or youth by working within a
1269	1269	12 correctional facility or Juvenile facility operated by the
1270	1270	13 Department of Juvenile Justice or who is a parole officer
1271	1271	14 or an employee who has direct contact with committed
1272	1272	15 persons in the performance of his or her job duties. For a
1273	1273	16 member who first becomes an employee under this Article on
1274	1274	17 or after July 1, 2005, the term means an employee of the
1275	1275	18 Department of Corrections or the Department of Juvenile
1276	1276	19 Justice who is any of the following: (i) officially
1277	1277	20 headquartered at a correctional facility or Juvenile
1278	1278	21 facility operated by the Department of Juvenile Justice,
1279	1279	22 (ii) a parole officer, (iii) a member of the apprehension
1280	1280	23 unit, (iv) a member of the intelligence unit, (v) a member
1281	1281	24 of the sort team, or (vi) an investigator.
1282	1282	25 (11) The term "dangerous drugs investigator" means any
1283	1283	26 person who is employed as such by the Department of Human
1284	1284
1285	1285
1286	1286
1287	1287
1288	1288
1289	1289	SB3616 - 35 - LRB103 38437 RPS 68573 b
1290	1290
1291	1291
1292	1292	SB3616- 36 -LRB103 38437 RPS 68573 b SB3616 - 36 - LRB103 38437 RPS 68573 b
1293	1293	SB3616 - 36 - LRB103 38437 RPS 68573 b
1294	1294	1 Services.
1295	1295	2 (12) The term "investigator for the Illinois State
1296	1296	3 Police" means a person employed by the Illinois State
1297	1297	4 Police who is vested under Section 4 of the Narcotic
1298	1298	5 Control Division Abolition Act with such law enforcement
1299	1299	6 powers as render him ineligible for coverage under the
1300	1300	7 Social Security Act by reason of Sections 218(d)(5)(A),
1301	1301	8 218(d)(8)(D) and 218(l)(1) of that Act.
1302	1302	9 (13) "Investigator for the Office of the Attorney
1303	1303	10 General" means any person who is employed as such by the
1304	1304	11 Office of the Attorney General and is vested with such
1305	1305	12 investigative duties as render him ineligible for coverage
1306	1306	13 under the Social Security Act by reason of Sections
1307	1307	14 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
1308	1308	15 the period before January 1, 1989, the term includes all
1309	1309	16 persons who were employed as investigators by the Office
1310	1310	17 of the Attorney General, without regard to social security
1311	1311	18 status.
1312	1312	19 (14) "Controlled substance inspector" means any person
1313	1313	20 who is employed as such by the Department of Professional
1314	1314	21 Regulation and is vested with such law enforcement duties
1315	1315	22 as render him ineligible for coverage under the Social
1316	1316	23 Security Act by reason of Sections 218(d)(5)(A),
1317	1317	24 218(d)(8)(D) and 218(l)(1) of that Act. The term
1318	1318	25 "controlled substance inspector" includes the Program
1319	1319	26 Executive of Enforcement and the Assistant Program
1320	1320
1321	1321
1322	1322
1323	1323
1324	1324
1325	1325	SB3616 - 36 - LRB103 38437 RPS 68573 b
1326	1326
1327	1327
1328	1328	SB3616- 37 -LRB103 38437 RPS 68573 b SB3616 - 37 - LRB103 38437 RPS 68573 b
1329	1329	SB3616 - 37 - LRB103 38437 RPS 68573 b
1330	1330	1 Executive of Enforcement.
1331	1331	2 (15) The term "investigator for the Office of the
1332	1332	3 State's Attorneys Appellate Prosecutor" means a person
1333	1333	4 employed in that capacity on a full-time basis under the
1334	1334	5 authority of Section 7.06 of the State's Attorneys
1335	1335	6 Appellate Prosecutor's Act.
1336	1336	7 (16) "Commerce Commission police officer" means any
1337	1337	8 person employed by the Illinois Commerce Commission who is
1338	1338	9 vested with such law enforcement duties as render him
1339	1339	10 ineligible for coverage under the Social Security Act by
1340	1340	11 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
1341	1341	12 218(l)(1) of that Act.
1342	1342	13 (17) "Arson investigator" means any person who is
1343	1343	14 employed as such by the Office of the State Fire Marshal
1344	1344	15 and is vested with such law enforcement duties as render
1345	1345	16 the person ineligible for coverage under the Social
1346	1346	17 Security Act by reason of Sections 218(d)(5)(A),
1347	1347	18 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
1348	1348	19 employed as an arson investigator on January 1, 1995 and
1349	1349	20 is no longer in service but not yet receiving a retirement
1350	1350	21 annuity may convert his or her creditable service for
1351	1351	22 employment as an arson investigator into eligible
1352	1352	23 creditable service by paying to the System the difference
1353	1353	24 between the employee contributions actually paid for that
1354	1354	25 service and the amounts that would have been contributed
1355	1355	26 if the applicant were contributing at the rate applicable
1356	1356
1357	1357
1358	1358
1359	1359
1360	1360
1361	1361	SB3616 - 37 - LRB103 38437 RPS 68573 b
1362	1362
1363	1363
1364	1364	SB3616- 38 -LRB103 38437 RPS 68573 b SB3616 - 38 - LRB103 38437 RPS 68573 b
1365	1365	SB3616 - 38 - LRB103 38437 RPS 68573 b
1366	1366	1 to persons with the same social security status earning
1367	1367	2 eligible creditable service on the date of application.
1368	1368	3 (18) The term "State highway maintenance worker" means
1369	1369	4 a person who is either of the following:
1370	1370	5 (i) A person employed on a full-time basis by the
1371	1371	6 Illinois Department of Transportation in the position
1372	1372	7 of highway maintainer, highway maintenance lead
1373	1373	8 worker, highway maintenance lead/lead worker, heavy
1374	1374	9 construction equipment operator, power shovel
1375	1375	10 operator, or bridge mechanic; and whose principal
1376	1376	11 responsibility is to perform, on the roadway, the
1377	1377	12 actual maintenance necessary to keep the highways that
1378	1378	13 form a part of the State highway system in serviceable
1379	1379	14 condition for vehicular traffic.
1380	1380	15 (ii) A person employed on a full-time basis by the
1381	1381	16 Illinois State Toll Highway Authority in the position
1382	1382	17 of equipment operator/laborer H-4, equipment
1383	1383	18 operator/laborer H-6, welder H-4, welder H-6,
1384	1384	19 mechanical/electrical H-4, mechanical/electrical H-6,
1385	1385	20 water/sewer H-4, water/sewer H-6, sign maker/hanger
1386	1386	21 H-4, sign maker/hanger H-6, roadway lighting H-4,
1387	1387	22 roadway lighting H-6, structural H-4, structural H-6,
1388	1388	23 painter H-4, or painter H-6; and whose principal
1389	1389	24 responsibility is to perform, on the roadway, the
1390	1390	25 actual maintenance necessary to keep the Authority's
1391	1391	26 tollways in serviceable condition for vehicular
1392	1392
1393	1393
1394	1394
1395	1395
1396	1396
1397	1397	SB3616 - 38 - LRB103 38437 RPS 68573 b
1398	1398
1399	1399
1400	1400	SB3616- 39 -LRB103 38437 RPS 68573 b SB3616 - 39 - LRB103 38437 RPS 68573 b
1401	1401	SB3616 - 39 - LRB103 38437 RPS 68573 b
1402	1402	1 traffic.
1403	1403	2 (19) The term "security employee of the Department of
1404	1404	3 Innovation and Technology" means a person who was a
1405	1405	4 security employee of the Department of Corrections or the
1406	1406	5 Department of Juvenile Justice, was transferred to the
1407	1407	6 Department of Innovation and Technology pursuant to
1408	1408	7 Executive Order 2016-01, and continues to perform similar
1409	1409	8 job functions under that Department.
1410	1410	9 (20) "Transferred employee" means an employee who was
1411	1411	10 transferred to the Department of Central Management
1412	1412	11 Services by Executive Order No. 2003-10 or Executive Order
1413	1413	12 No. 2004-2 or transferred to the Department of Innovation
1414	1414	13 and Technology by Executive Order No. 2016-1, or both, and
1415	1415	14 was entitled to eligible creditable service for services
1416	1416	15 immediately preceding the transfer.
1417	1417	16 (d) A security employee of the Department of Corrections
1418	1418	17 or the Department of Juvenile Justice, a security employee of
1419	1419	18 the Department of Human Services who is not a mental health
1420	1420	19 police officer, and a security employee of the Department of
1421	1421	20 Innovation and Technology shall not be eligible for the
1422	1422	21 alternative retirement annuity provided by this Section unless
1423	1423	22 he or she meets the following minimum age and service
1424	1424	23 requirements at the time of retirement:
1425	1425	24 (i) 25 years of eligible creditable service and age
1426	1426	25 55; or
1427	1427	26 (ii) beginning January 1, 1987, 25 years of eligible
1428	1428
1429	1429
1430	1430
1431	1431
1432	1432
1433	1433	SB3616 - 39 - LRB103 38437 RPS 68573 b
1434	1434
1435	1435
1436	1436	SB3616- 40 -LRB103 38437 RPS 68573 b SB3616 - 40 - LRB103 38437 RPS 68573 b
1437	1437	SB3616 - 40 - LRB103 38437 RPS 68573 b
1438	1438	1 creditable service and age 54, or 24 years of eligible
1439	1439	2 creditable service and age 55; or
1440	1440	3 (iii) beginning January 1, 1988, 25 years of eligible
1441	1441	4 creditable service and age 53, or 23 years of eligible
1442	1442	5 creditable service and age 55; or
1443	1443	6 (iv) beginning January 1, 1989, 25 years of eligible
1444	1444	7 creditable service and age 52, or 22 years of eligible
1445	1445	8 creditable service and age 55; or
1446	1446	9 (v) beginning January 1, 1990, 25 years of eligible
1447	1447	10 creditable service and age 51, or 21 years of eligible
1448	1448	11 creditable service and age 55; or
1449	1449	12 (vi) beginning January 1, 1991, 25 years of eligible
1450	1450	13 creditable service and age 50, or 20 years of eligible
1451	1451	14 creditable service and age 55.
1452	1452	15 Persons who have service credit under Article 16 of this
1453	1453	16 Code for service as a security employee of the Department of
1454	1454	17 Corrections or the Department of Juvenile Justice, or the
1455	1455	18 Department of Human Services in a position requiring
1456	1456	19 certification as a teacher may count such service toward
1457	1457	20 establishing their eligibility under the service requirements
1458	1458	21 of this Section; but such service may be used only for
1459	1459	22 establishing such eligibility, and not for the purpose of
1460	1460	23 increasing or calculating any benefit.
1461	1461	24 (e) If a member enters military service while working in a
1462	1462	25 position in which eligible creditable service may be earned,
1463	1463	26 and returns to State service in the same or another such
1464	1464
1465	1465
1466	1466
1467	1467
1468	1468
1469	1469	SB3616 - 40 - LRB103 38437 RPS 68573 b
1470	1470
1471	1471
1472	1472	SB3616- 41 -LRB103 38437 RPS 68573 b SB3616 - 41 - LRB103 38437 RPS 68573 b
1473	1473	SB3616 - 41 - LRB103 38437 RPS 68573 b
1474	1474	1 position, and fulfills in all other respects the conditions
1475	1475	2 prescribed in this Article for credit for military service,
1476	1476	3 such military service shall be credited as eligible creditable
1477	1477	4 service for the purposes of the retirement annuity prescribed
1478	1478	5 in this Section.
1479	1479	6 (f) For purposes of calculating retirement annuities under
1480	1480	7 this Section, periods of service rendered after December 31,
1481	1481	8 1968 and before October 1, 1975 as a covered employee in the
1482	1482	9 position of special agent, conservation police officer, mental
1483	1483	10 health police officer, or investigator for the Secretary of
1484	1484	11 State, shall be deemed to have been service as a noncovered
1485	1485	12 employee, provided that the employee pays to the System prior
1486	1486	13 to retirement an amount equal to (1) the difference between
1487	1487	14 the employee contributions that would have been required for
1488	1488	15 such service as a noncovered employee, and the amount of
1489	1489	16 employee contributions actually paid, plus (2) if payment is
1490	1490	17 made after July 31, 1987, regular interest on the amount
1491	1491	18 specified in item (1) from the date of service to the date of
1492	1492	19 payment.
1493	1493	20 For purposes of calculating retirement annuities under
1494	1494	21 this Section, periods of service rendered after December 31,
1495	1495	22 1968 and before January 1, 1982 as a covered employee in the
1496	1496	23 position of investigator for the Department of Revenue shall
1497	1497	24 be deemed to have been service as a noncovered employee,
1498	1498	25 provided that the employee pays to the System prior to
1499	1499	26 retirement an amount equal to (1) the difference between the
1500	1500
1501	1501
1502	1502
1503	1503
1504	1504
1505	1505	SB3616 - 41 - LRB103 38437 RPS 68573 b
1506	1506
1507	1507
1508	1508	SB3616- 42 -LRB103 38437 RPS 68573 b SB3616 - 42 - LRB103 38437 RPS 68573 b
1509	1509	SB3616 - 42 - LRB103 38437 RPS 68573 b
1510	1510	1 employee contributions that would have been required for such
1511	1511	2 service as a noncovered employee, and the amount of employee
1512	1512	3 contributions actually paid, plus (2) if payment is made after
1513	1513	4 January 1, 1990, regular interest on the amount specified in
1514	1514	5 item (1) from the date of service to the date of payment.
1515	1515	6 (g) A State policeman may elect, not later than January 1,
1516	1516	7 1990, to establish eligible creditable service for up to 10
1517	1517	8 years of his service as a policeman under Article 3, by filing
1518	1518	9 a written election with the Board, accompanied by payment of
1519	1519	10 an amount to be determined by the Board, equal to (i) the
1520	1520	11 difference between the amount of employee and employer
1521	1521	12 contributions transferred to the System under Section 3-110.5,
1522	1522	13 and the amounts that would have been contributed had such
1523	1523	14 contributions been made at the rates applicable to State
1524	1524	15 policemen, plus (ii) interest thereon at the effective rate
1525	1525	16 for each year, compounded annually, from the date of service
1526	1526	17 to the date of payment.
1527	1527	18 Subject to the limitation in subsection (i), a State
1528	1528	19 policeman may elect, not later than July 1, 1993, to establish
1529	1529	20 eligible creditable service for up to 10 years of his service
1530	1530	21 as a member of the County Police Department under Article 9, by
1531	1531	22 filing a written election with the Board, accompanied by
1532	1532	23 payment of an amount to be determined by the Board, equal to
1533	1533	24 (i) the difference between the amount of employee and employer
1534	1534	25 contributions transferred to the System under Section 9-121.10
1535	1535	26 and the amounts that would have been contributed had those
1536	1536
1537	1537
1538	1538
1539	1539
1540	1540
1541	1541	SB3616 - 42 - LRB103 38437 RPS 68573 b
1542	1542
1543	1543
1544	1544	SB3616- 43 -LRB103 38437 RPS 68573 b SB3616 - 43 - LRB103 38437 RPS 68573 b
1545	1545	SB3616 - 43 - LRB103 38437 RPS 68573 b
1546	1546	1 contributions been made at the rates applicable to State
1547	1547	2 policemen, plus (ii) interest thereon at the effective rate
1548	1548	3 for each year, compounded annually, from the date of service
1549	1549	4 to the date of payment.
1550	1550	5 (h) Subject to the limitation in subsection (i), a State
1551	1551	6 policeman or investigator for the Secretary of State may elect
1552	1552	7 to establish eligible creditable service for up to 12 years of
1553	1553	8 his service as a policeman under Article 5, by filing a written
1554	1554	9 election with the Board on or before January 31, 1992, and
1555	1555	10 paying to the System by January 31, 1994 an amount to be
1556	1556	11 determined by the Board, equal to (i) the difference between
1557	1557	12 the amount of employee and employer contributions transferred
1558	1558	13 to the System under Section 5-236, and the amounts that would
1559	1559	14 have been contributed had such contributions been made at the
1560	1560	15 rates applicable to State policemen, plus (ii) interest
1561	1561	16 thereon at the effective rate for each year, compounded
1562	1562	17 annually, from the date of service to the date of payment.
1563	1563	18 Subject to the limitation in subsection (i), a State
1564	1564	19 policeman, conservation police officer, or investigator for
1565	1565	20 the Secretary of State may elect to establish eligible
1566	1566	21 creditable service for up to 10 years of service as a sheriff's
1567	1567	22 law enforcement employee under Article 7, by filing a written
1568	1568	23 election with the Board on or before January 31, 1993, and
1569	1569	24 paying to the System by January 31, 1994 an amount to be
1570	1570	25 determined by the Board, equal to (i) the difference between
1571	1571	26 the amount of employee and employer contributions transferred
1572	1572
1573	1573
1574	1574
1575	1575
1576	1576
1577	1577	SB3616 - 43 - LRB103 38437 RPS 68573 b
1578	1578
1579	1579
1580	1580	SB3616- 44 -LRB103 38437 RPS 68573 b SB3616 - 44 - LRB103 38437 RPS 68573 b
1581	1581	SB3616 - 44 - LRB103 38437 RPS 68573 b
1582	1582	1 to the System under Section 7-139.7, and the amounts that
1583	1583	2 would have been contributed had such contributions been made
1584	1584	3 at the rates applicable to State policemen, plus (ii) interest
1585	1585	4 thereon at the effective rate for each year, compounded
1586	1586	5 annually, from the date of service to the date of payment.
1587	1587	6 Subject to the limitation in subsection (i), a State
1588	1588	7 policeman, conservation police officer, or investigator for
1589	1589	8 the Secretary of State may elect to establish eligible
1590	1590	9 creditable service for up to 5 years of service as a police
1591	1591	10 officer under Article 3, a policeman under Article 5, a
1592	1592	11 sheriff's law enforcement employee under Article 7, a member
1593	1593	12 of the county police department under Article 9, or a police
1594	1594	13 officer under Article 15 by filing a written election with the
1595	1595	14 Board and paying to the System an amount to be determined by
1596	1596	15 the Board, equal to (i) the difference between the amount of
1597	1597	16 employee and employer contributions transferred to the System
1598	1598	17 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
1599	1599	18 and the amounts that would have been contributed had such
1600	1600	19 contributions been made at the rates applicable to State
1601	1601	20 policemen, plus (ii) interest thereon at the effective rate
1602	1602	21 for each year, compounded annually, from the date of service
1603	1603	22 to the date of payment.
1604	1604	23 Subject to the limitation in subsection (i), an
1605	1605	24 investigator for the Office of the Attorney General, or an
1606	1606	25 investigator for the Department of Revenue, may elect to
1607	1607	26 establish eligible creditable service for up to 5 years of
1608	1608
1609	1609
1610	1610
1611	1611
1612	1612
1613	1613	SB3616 - 44 - LRB103 38437 RPS 68573 b
1614	1614
1615	1615
1616	1616	SB3616- 45 -LRB103 38437 RPS 68573 b SB3616 - 45 - LRB103 38437 RPS 68573 b
1617	1617	SB3616 - 45 - LRB103 38437 RPS 68573 b
1618	1618	1 service as a police officer under Article 3, a policeman under
1619	1619	2 Article 5, a sheriff's law enforcement employee under Article
1620	1620	3 7, or a member of the county police department under Article 9
1621	1621	4 by filing a written election with the Board within 6 months
1622	1622	5 after August 25, 2009 (the effective date of Public Act
1623	1623	6 96-745) and paying to the System an amount to be determined by
1624	1624	7 the Board, equal to (i) the difference between the amount of
1625	1625	8 employee and employer contributions transferred to the System
1626	1626	9 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
1627	1627	10 amounts that would have been contributed had such
1628	1628	11 contributions been made at the rates applicable to State
1629	1629	12 policemen, plus (ii) interest thereon at the actuarially
1630	1630	13 assumed rate for each year, compounded annually, from the date
1631	1631	14 of service to the date of payment.
1632	1632	15 Subject to the limitation in subsection (i), a State
1633	1633	16 policeman, conservation police officer, investigator for the
1634	1634	17 Office of the Attorney General, an investigator for the
1635	1635	18 Department of Revenue, or investigator for the Secretary of
1636	1636	19 State may elect to establish eligible creditable service for
1637	1637	20 up to 5 years of service as a person employed by a
1638	1638	21 participating municipality to perform police duties, or law
1639	1639	22 enforcement officer employed on a full-time basis by a forest
1640	1640	23 preserve district under Article 7, a county corrections
1641	1641	24 officer, or a court services officer under Article 9, by
1642	1642	25 filing a written election with the Board within 6 months after
1643	1643	26 August 25, 2009 (the effective date of Public Act 96-745) and
1644	1644
1645	1645
1646	1646
1647	1647
1648	1648
1649	1649	SB3616 - 45 - LRB103 38437 RPS 68573 b
1650	1650
1651	1651
1652	1652	SB3616- 46 -LRB103 38437 RPS 68573 b SB3616 - 46 - LRB103 38437 RPS 68573 b
1653	1653	SB3616 - 46 - LRB103 38437 RPS 68573 b
1654	1654	1 paying to the System an amount to be determined by the Board,
1655	1655	2 equal to (i) the difference between the amount of employee and
1656	1656	3 employer contributions transferred to the System under
1657	1657	4 Sections 7-139.8 and 9-121.10 and the amounts that would have
1658	1658	5 been contributed had such contributions been made at the rates
1659	1659	6 applicable to State policemen, plus (ii) interest thereon at
1660	1660	7 the actuarially assumed rate for each year, compounded
1661	1661	8 annually, from the date of service to the date of payment.
1662	1662	9 Subject to the limitation in subsection (i), a State
1663	1663	10 policeman, arson investigator, or Commerce Commission police
1664	1664	11 officer may elect to establish eligible creditable service for
1665	1665	12 up to 5 years of service as a person employed by a
1666	1666	13 participating municipality to perform police duties under
1667	1667	14 Article 7, a county corrections officer, a court services
1668	1668	15 officer under Article 9, or a firefighter under Article 4 by
1669	1669	16 filing a written election with the Board within 6 months after
1670	1670	17 July 30, 2021 (the effective date of Public Act 102-210) and
1671	1671	18 paying to the System an amount to be determined by the Board
1672	1672	19 equal to (i) the difference between the amount of employee and
1673	1673	20 employer contributions transferred to the System under
1674	1674	21 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
1675	1675	22 would have been contributed had such contributions been made
1676	1676	23 at the rates applicable to State policemen, plus (ii) interest
1677	1677	24 thereon at the actuarially assumed rate for each year,
1678	1678	25 compounded annually, from the date of service to the date of
1679	1679	26 payment.
1680	1680
1681	1681
1682	1682
1683	1683
1684	1684
1685	1685	SB3616 - 46 - LRB103 38437 RPS 68573 b
1686	1686
1687	1687
1688	1688	SB3616- 47 -LRB103 38437 RPS 68573 b SB3616 - 47 - LRB103 38437 RPS 68573 b
1689	1689	SB3616 - 47 - LRB103 38437 RPS 68573 b
1690	1690	1 Subject to the limitation in subsection (i), a
1691	1691	2 conservation police officer may elect to establish eligible
1692	1692	3 creditable service for up to 5 years of service as a person
1693	1693	4 employed by a participating municipality to perform police
1694	1694	5 duties under Article 7, a county corrections officer, or a
1695	1695	6 court services officer under Article 9 by filing a written
1696	1696	7 election with the Board within 6 months after July 30, 2021
1697	1697	8 (the effective date of Public Act 102-210) and paying to the
1698	1698	9 System an amount to be determined by the Board equal to (i) the
1699	1699	10 difference between the amount of employee and employer
1700	1700	11 contributions transferred to the System under Sections 7-139.8
1701	1701	12 and 9-121.10 and the amounts that would have been contributed
1702	1702	13 had such contributions been made at the rates applicable to
1703	1703	14 State policemen, plus (ii) interest thereon at the actuarially
1704	1704	15 assumed rate for each year, compounded annually, from the date
1705	1705	16 of service to the date of payment.
1706	1706	17 Subject to the limitation in subsection (i), an
1707	1707	18 investigator for the Department of Revenue, investigator for
1708	1708	19 the Illinois Gaming Board, investigator for the Secretary of
1709	1709	20 State, or arson investigator may elect to establish eligible
1710	1710	21 creditable service for up to 5 years of service as a person
1711	1711	22 employed by a participating municipality to perform police
1712	1712	23 duties under Article 7, a county corrections officer, a court
1713	1713	24 services officer under Article 9, or a firefighter under
1714	1714	25 Article 4 by filing a written election with the Board within 6
1715	1715	26 months after the effective date of this amendatory Act of the
1716	1716
1717	1717
1718	1718
1719	1719
1720	1720
1721	1721	SB3616 - 47 - LRB103 38437 RPS 68573 b
1722	1722
1723	1723
1724	1724	SB3616- 48 -LRB103 38437 RPS 68573 b SB3616 - 48 - LRB103 38437 RPS 68573 b
1725	1725	SB3616 - 48 - LRB103 38437 RPS 68573 b
1726	1726	1 102nd General Assembly and paying to the System an amount to be
1727	1727	2 determined by the Board equal to (i) the difference between
1728	1728	3 the amount of employee and employer contributions transferred
1729	1729	4 to the System under Sections 4-108.8, 7-139.8, and 9-121.10
1730	1730	5 and the amounts that would have been contributed had such
1731	1731	6 contributions been made at the rates applicable to State
1732	1732	7 policemen, plus (ii) interest thereon at the actuarially
1733	1733	8 assumed rate for each year, compounded annually, from the date
1734	1734	9 of service to the date of payment.
1735	1735	10 Notwithstanding the limitation in subsection (i), a State
1736	1736	11 policeman or conservation police officer may elect to convert
1737	1737	12 service credit earned under this Article to eligible
1738	1738	13 creditable service, as defined by this Section, by filing a
1739	1739	14 written election with the Board board within 6 months after
1740	1740	15 July 30, 2021 (the effective date of Public Act 102-210) and
1741	1741	16 paying to the System an amount to be determined by the Board
1742	1742	17 equal to (i) the difference between the amount of employee
1743	1743	18 contributions originally paid for that service and the amounts
1744	1744	19 that would have been contributed had such contributions been
1745	1745	20 made at the rates applicable to State policemen, plus (ii) the
1746	1746	21 difference between the employer's normal cost of the credit
1747	1747	22 prior to the conversion authorized by this amendatory Act of
1748	1748	23 the 103rd General Assembly Public Act 102-210 and the
1749	1749	24 employer's normal cost of the credit converted in accordance
1750	1750	25 with this amendatory Act of the 103rd General Assembly Public
1751	1751	26 Act 102-210, plus (iii) interest thereon at the actuarially
1752	1752
1753	1753
1754	1754
1755	1755
1756	1756
1757	1757	SB3616 - 48 - LRB103 38437 RPS 68573 b
1758	1758
1759	1759
1760	1760	SB3616- 49 -LRB103 38437 RPS 68573 b SB3616 - 49 - LRB103 38437 RPS 68573 b
1761	1761	SB3616 - 49 - LRB103 38437 RPS 68573 b
1762	1762	1 assumed rate for each year, compounded annually, from the date
1763	1763	2 of service to the date of payment.
1764	1764	3 Notwithstanding the limitation in subsection (i), an
1765	1765	4 investigator for the Department of Revenue, investigator for
1766	1766	5 the Illinois Gaming Board, investigator for the Secretary of
1767	1767	6 State, or arson investigator may elect to convert service
1768	1768	7 credit earned under this Article to eligible creditable
1769	1769	8 service, as defined by this Section, by filing a written
1770	1770	9 election with the Board within 6 months after the effective
1771	1771	10 date of this amendatory Act of the 102nd General Assembly and
1772	1772	11 paying to the System an amount to be determined by the Board
1773	1773	12 equal to (i) the difference between the amount of employee
1774	1774	13 contributions originally paid for that service and the amounts
1775	1775	14 that would have been contributed had such contributions been
1776	1776	15 made at the rates applicable to investigators for the
1777	1777	16 Department of Revenue, investigators for the Illinois Gaming
1778	1778	17 Board, investigators for the Secretary of State, or arson
1779	1779	18 investigators, plus (ii) the difference between the employer's
1780	1780	19 normal cost of the credit prior to the conversion authorized
1781	1781	20 by this amendatory Act of the 102nd General Assembly and the
1782	1782	21 employer's normal cost of the credit converted in accordance
1783	1783	22 with this amendatory Act of the 102nd General Assembly, plus
1784	1784	23 (iii) interest thereon at the actuarially assumed rate for
1785	1785	24 each year, compounded annually, from the date of service to
1786	1786	25 the date of payment.
1787	1787	26 (i) The total amount of eligible creditable service
1788	1788
1789	1789
1790	1790
1791	1791
1792	1792
1793	1793	SB3616 - 49 - LRB103 38437 RPS 68573 b
1794	1794
1795	1795
1796	1796	SB3616- 50 -LRB103 38437 RPS 68573 b SB3616 - 50 - LRB103 38437 RPS 68573 b
1797	1797	SB3616 - 50 - LRB103 38437 RPS 68573 b
1798	1798	1 established by any person under subsections (g), (h), (j),
1799	1799	2 (k), (l), (l-5), and (o) of this Section shall not exceed 12
1800	1800	3 years.
1801	1801	4 (j) Subject to the limitation in subsection (i), an
1802	1802	5 investigator for the Office of the State's Attorneys Appellate
1803	1803	6 Prosecutor or a controlled substance inspector may elect to
1804	1804	7 establish eligible creditable service for up to 10 years of
1805	1805	8 his service as a policeman under Article 3 or a sheriff's law
1806	1806	9 enforcement employee under Article 7, by filing a written
1807	1807	10 election with the Board, accompanied by payment of an amount
1808	1808	11 to be determined by the Board, equal to (1) the difference
1809	1809	12 between the amount of employee and employer contributions
1810	1810	13 transferred to the System under Section 3-110.6 or 7-139.8,
1811	1811	14 and the amounts that would have been contributed had such
1812	1812	15 contributions been made at the rates applicable to State
1813	1813	16 policemen, plus (2) interest thereon at the effective rate for
1814	1814	17 each year, compounded annually, from the date of service to
1815	1815	18 the date of payment.
1816	1816	19 (k) Subject to the limitation in subsection (i) of this
1817	1817	20 Section, an alternative formula employee may elect to
1818	1818	21 establish eligible creditable service for periods spent as a
1819	1819	22 full-time law enforcement officer or full-time corrections
1820	1820	23 officer employed by the federal government or by a state or
1821	1821	24 local government located outside of Illinois, for which credit
1822	1822	25 is not held in any other public employee pension fund or
1823	1823	26 retirement system. To obtain this credit, the applicant must
1824	1824
1825	1825
1826	1826
1827	1827
1828	1828
1829	1829	SB3616 - 50 - LRB103 38437 RPS 68573 b
1830	1830
1831	1831
1832	1832	SB3616- 51 -LRB103 38437 RPS 68573 b SB3616 - 51 - LRB103 38437 RPS 68573 b
1833	1833	SB3616 - 51 - LRB103 38437 RPS 68573 b
1834	1834	1 file a written application with the Board by March 31, 1998,
1835	1835	2 accompanied by evidence of eligibility acceptable to the Board
1836	1836	3 and payment of an amount to be determined by the Board, equal
1837	1837	4 to (1) employee contributions for the credit being
1838	1838	5 established, based upon the applicant's salary on the first
1839	1839	6 day as an alternative formula employee after the employment
1840	1840	7 for which credit is being established and the rates then
1841	1841	8 applicable to alternative formula employees, plus (2) an
1842	1842	9 amount determined by the Board to be the employer's normal
1843	1843	10 cost of the benefits accrued for the credit being established,
1844	1844	11 plus (3) regular interest on the amounts in items (1) and (2)
1845	1845	12 from the first day as an alternative formula employee after
1846	1846	13 the employment for which credit is being established to the
1847	1847	14 date of payment.
1848	1848	15 (l) Subject to the limitation in subsection (i), a
1849	1849	16 security employee of the Department of Corrections may elect,
1850	1850	17 not later than July 1, 1998, to establish eligible creditable
1851	1851	18 service for up to 10 years of his or her service as a policeman
1852	1852	19 under Article 3, by filing a written election with the Board,
1853	1853	20 accompanied by payment of an amount to be determined by the
1854	1854	21 Board, equal to (i) the difference between the amount of
1855	1855	22 employee and employer contributions transferred to the System
1856	1856	23 under Section 3-110.5, and the amounts that would have been
1857	1857	24 contributed had such contributions been made at the rates
1858	1858	25 applicable to security employees of the Department of
1859	1859	26 Corrections, plus (ii) interest thereon at the effective rate
1860	1860
1861	1861
1862	1862
1863	1863
1864	1864
1865	1865	SB3616 - 51 - LRB103 38437 RPS 68573 b
1866	1866
1867	1867
1868	1868	SB3616- 52 -LRB103 38437 RPS 68573 b SB3616 - 52 - LRB103 38437 RPS 68573 b
1869	1869	SB3616 - 52 - LRB103 38437 RPS 68573 b
1870	1870	1 for each year, compounded annually, from the date of service
1871	1871	2 to the date of payment.
1872	1872	3 (l-5) Subject to the limitation in subsection (i) of this
1873	1873	4 Section, a State policeman may elect to establish eligible
1874	1874	5 creditable service for up to 5 years of service as a full-time
1875	1875	6 law enforcement officer employed by the federal government or
1876	1876	7 by a state or local government located outside of Illinois for
1877	1877	8 which credit is not held in any other public employee pension
1878	1878	9 fund or retirement system. To obtain this credit, the
1879	1879	10 applicant must file a written application with the Board no
1880	1880	11 later than 3 years after January 1, 2020 (the effective date of
1881	1881	12 Public Act 101-610), accompanied by evidence of eligibility
1882	1882	13 acceptable to the Board and payment of an amount to be
1883	1883	14 determined by the Board, equal to (1) employee contributions
1884	1884	15 for the credit being established, based upon the applicant's
1885	1885	16 salary on the first day as an alternative formula employee
1886	1886	17 after the employment for which credit is being established and
1887	1887	18 the rates then applicable to alternative formula employees,
1888	1888	19 plus (2) an amount determined by the Board to be the employer's
1889	1889	20 normal cost of the benefits accrued for the credit being
1890	1890	21 established, plus (3) regular interest on the amounts in items
1891	1891	22 (1) and (2) from the first day as an alternative formula
1892	1892	23 employee after the employment for which credit is being
1893	1893	24 established to the date of payment.
1894	1894	25 (m) The amendatory changes to this Section made by Public
1895	1895	26 Act 94-696 apply only to: (1) security employees of the
1896	1896
1897	1897
1898	1898
1899	1899
1900	1900
1901	1901	SB3616 - 52 - LRB103 38437 RPS 68573 b
1902	1902
1903	1903
1904	1904	SB3616- 53 -LRB103 38437 RPS 68573 b SB3616 - 53 - LRB103 38437 RPS 68573 b
1905	1905	SB3616 - 53 - LRB103 38437 RPS 68573 b
1906	1906	1 Department of Juvenile Justice employed by the Department of
1907	1907	2 Corrections before June 1, 2006 (the effective date of Public
1908	1908	3 Act 94-696) and transferred to the Department of Juvenile
1909	1909	4 Justice by Public Act 94-696; and (2) persons employed by the
1910	1910	5 Department of Juvenile Justice on or after June 1, 2006 (the
1911	1911	6 effective date of Public Act 94-696) who are required by
1912	1912	7 subsection (b) of Section 3-2.5-15 of the Unified Code of
1913	1913	8 Corrections to have any bachelor's or advanced degree from an
1914	1914	9 accredited college or university or, in the case of persons
1915	1915	10 who provide vocational training, who are required to have
1916	1916	11 adequate knowledge in the skill for which they are providing
1917	1917	12 the vocational training.
1918	1918	13 (n) A person employed in a position under subsection (b)
1919	1919	14 of this Section who has purchased service credit under
1920	1920	15 subsection (j) of Section 14-104 or subsection (b) of Section
1921	1921	16 14-105 in any other capacity under this Article may convert up
1922	1922	17 to 5 years of that service credit into service credit covered
1923	1923	18 under this Section by paying to the Fund an amount equal to (1)
1924	1924	19 the additional employee contribution required under Section
1925	1925	20 14-133, plus (2) the additional employer contribution required
1926	1926	21 under Section 14-131, plus (3) interest on items (1) and (2) at
1927	1927	22 the actuarially assumed rate from the date of the service to
1928	1928	23 the date of payment.
1929	1929	24 (o) Subject to the limitation in subsection (i), a
1930	1930	25 conservation police officer, investigator for the Secretary of
1931	1931	26 State, Commerce Commission police officer, investigator for
1932	1932
1933	1933
1934	1934
1935	1935
1936	1936
1937	1937	SB3616 - 53 - LRB103 38437 RPS 68573 b
1938	1938
1939	1939
1940	1940	SB3616- 54 -LRB103 38437 RPS 68573 b SB3616 - 54 - LRB103 38437 RPS 68573 b
1941	1941	SB3616 - 54 - LRB103 38437 RPS 68573 b
1942	1942	1 the Department of Revenue or the Illinois Gaming Board, or
1943	1943	2 arson investigator subject to subsection (g) of Section 1-160
1944	1944	3 may elect to convert up to 8 years of service credit
1945	1945	4 established before January 1, 2020 (the effective date of
1946	1946	5 Public Act 101-610) as a conservation police officer,
1947	1947	6 investigator for the Secretary of State, Commerce Commission
1948	1948	7 police officer, investigator for the Department of Revenue or
1949	1949	8 the Illinois Gaming Board, or arson investigator under this
1950	1950	9 Article into eligible creditable service by filing a written
1951	1951	10 election with the Board no later than one year after January 1,
1952	1952	11 2020 (the effective date of Public Act 101-610), accompanied
1953	1953	12 by payment of an amount to be determined by the Board equal to
1954	1954	13 (i) the difference between the amount of the employee
1955	1955	14 contributions actually paid for that service and the amount of
1956	1956	15 the employee contributions that would have been paid had the
1957	1957	16 employee contributions been made as a noncovered employee
1958	1958	17 serving in a position in which eligible creditable service, as
1959	1959	18 defined in this Section, may be earned, plus (ii) interest
1960	1960	19 thereon at the effective rate for each year, compounded
1961	1961	20 annually, from the date of service to the date of payment.
1962	1962	21 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
1963	1963	22 102-856, eff. 1-1-23; 103-34, eff. 1-1-24.)
1964	1964	23 (Text of Section from P.A. 102-956 and 103-34)
1965	1965	24 Sec. 14-110. Alternative retirement annuity.
1966	1966	25 (a) Any member who has withdrawn from service with not
1967	1967
1968	1968
1969	1969
1970	1970
1971	1971
1972	1972	SB3616 - 54 - LRB103 38437 RPS 68573 b
1973	1973
1974	1974
1975	1975	SB3616- 55 -LRB103 38437 RPS 68573 b SB3616 - 55 - LRB103 38437 RPS 68573 b
1976	1976	SB3616 - 55 - LRB103 38437 RPS 68573 b
1977	1977	1 less than 20 years of eligible creditable service and has
1978	1978	2 attained age 55, and any member who has withdrawn from service
1979	1979	3 with not less than 25 years of eligible creditable service and
1980	1980	4 has attained age 50, regardless of whether the attainment of
1981	1981	5 either of the specified ages occurs while the member is still
1982	1982	6 in service, shall be entitled to receive at the option of the
1983	1983	7 member, in lieu of the regular or minimum retirement annuity,
1984	1984	8 a retirement annuity computed as follows:
1985	1985	9 (i) for periods of service as a noncovered employee:
1986	1986	10 if retirement occurs on or after January 1, 2001, 3% of
1987	1987	11 final average compensation for each year of creditable
1988	1988	12 service; if retirement occurs before January 1, 2001, 2
1989	1989	13 1/4% of final average compensation for each of the first
1990	1990	14 10 years of creditable service, 2 1/2% for each year above
1991	1991	15 10 years to and including 20 years of creditable service,
1992	1992	16 and 2 3/4% for each year of creditable service above 20
1993	1993	17 years; and
1994	1994	18 (ii) for periods of eligible creditable service as a
1995	1995	19 covered employee: if retirement occurs on or after January
1996	1996	20 1, 2001, 2.5% of final average compensation for each year
1997	1997	21 of creditable service; if retirement occurs before January
1998	1998	22 1, 2001, 1.67% of final average compensation for each of
1999	1999	23 the first 10 years of such service, 1.90% for each of the
2000	2000	24 next 10 years of such service, 2.10% for each year of such
2001	2001	25 service in excess of 20 but not exceeding 30, and 2.30% for
2002	2002	26 each year in excess of 30.
2003	2003
2004	2004
2005	2005
2006	2006
2007	2007
2008	2008	SB3616 - 55 - LRB103 38437 RPS 68573 b
2009	2009
2010	2010
2011	2011	SB3616- 56 -LRB103 38437 RPS 68573 b SB3616 - 56 - LRB103 38437 RPS 68573 b
2012	2012	SB3616 - 56 - LRB103 38437 RPS 68573 b
2013	2013	1 Such annuity shall be subject to a maximum of 75% of final
2014	2014	2 average compensation if retirement occurs before January 1,
2015	2015	3 2001 or to a maximum of 80% of final average compensation if
2016	2016	4 retirement occurs on or after January 1, 2001.
2017	2017	5 These rates shall not be applicable to any service
2018	2018	6 performed by a member as a covered employee which is not
2019	2019	7 eligible creditable service. Service as a covered employee
2020	2020	8 which is not eligible creditable service shall be subject to
2021	2021	9 the rates and provisions of Section 14-108.
2022	2022	10 (a-5) Notwithstanding the applicable age eligibility
2023	2023	11 requirements of subsection (a) of this Section, beginning on
2024	2024	12 the effective date of this amendatory Act of the 103rd General
2025	2025	13 Assembly through the end of the 60th month after the effective
2026	2026	14 date of this amendatory Act of the 103rd General Assembly, a
2027	2027	15 State policeman who earns a retirement annuity equal to the
2028	2028	16 limitation specified under subsection (a) of this Section, may
2029	2029	17 elect to begin his or her retirement annuity effective on the
2030	2030	18 month he or she first earned that retirement annuity at the
2031	2031	19 amount so limited or the effective date of this amendatory Act
2032	2032	20 of the 103rd General Assembly, whichever is later. A State
2033	2033	21 policeman who elects to retire under the provisions of this
2034	2034	22 subsection must first pay to the System an amount equal to the
2035	2035	23 increase in the present value of the future benefits resulting
2036	2036	24 from the State policeman's election to retire in accordance
2037	2037	25 with this subsection.
2038	2038	26 (b) For the purpose of this Section, "eligible creditable
2039	2039
2040	2040
2041	2041
2042	2042
2043	2043
2044	2044	SB3616 - 56 - LRB103 38437 RPS 68573 b
2045	2045
2046	2046
2047	2047	SB3616- 57 -LRB103 38437 RPS 68573 b SB3616 - 57 - LRB103 38437 RPS 68573 b
2048	2048	SB3616 - 57 - LRB103 38437 RPS 68573 b
2049	2049	1 service" means creditable service resulting from service in
2050	2050	2 one or more of the following positions:
2051	2051	3 (1) State policeman;
2052	2052	4 (2) fire fighter in the fire protection service of a
2053	2053	5 department;
2054	2054	6 (3) air pilot;
2055	2055	7 (4) special agent;
2056	2056	8 (5) investigator for the Secretary of State;
2057	2057	9 (6) conservation police officer;
2058	2058	10 (7) investigator for the Department of Revenue or the
2059	2059	11 Illinois Gaming Board;
2060	2060	12 (8) security employee of the Department of Human
2061	2061	13 Services;
2062	2062	14 (9) Central Management Services security police
2063	2063	15 officer;
2064	2064	16 (10) security employee of the Department of
2065	2065	17 Corrections or the Department of Juvenile Justice;
2066	2066	18 (11) dangerous drugs investigator;
2067	2067	19 (12) investigator for the Illinois State Police;
2068	2068	20 (13) investigator for the Office of the Attorney
2069	2069	21 General;
2070	2070	22 (14) controlled substance inspector;
2071	2071	23 (15) investigator for the Office of the State's
2072	2072	24 Attorneys Appellate Prosecutor;
2073	2073	25 (16) Commerce Commission police officer;
2074	2074	26 (17) arson investigator;
2075	2075
2076	2076
2077	2077
2078	2078
2079	2079
2080	2080	SB3616 - 57 - LRB103 38437 RPS 68573 b
2081	2081
2082	2082
2083	2083	SB3616- 58 -LRB103 38437 RPS 68573 b SB3616 - 58 - LRB103 38437 RPS 68573 b
2084	2084	SB3616 - 58 - LRB103 38437 RPS 68573 b
2085	2085	1 (18) State highway maintenance worker;
2086	2086	2 (19) security employee of the Department of Innovation
2087	2087	3 and Technology; or
2088	2088	4 (20) transferred employee.
2089	2089	5 A person employed in one of the positions specified in
2090	2090	6 this subsection is entitled to eligible creditable service for
2091	2091	7 service credit earned under this Article while undergoing the
2092	2092	8 basic police training course approved by the Illinois Law
2093	2093	9 Enforcement Training Standards Board, if completion of that
2094	2094	10 training is required of persons serving in that position. For
2095	2095	11 the purposes of this Code, service during the required basic
2096	2096	12 police training course shall be deemed performance of the
2097	2097	13 duties of the specified position, even though the person is
2098	2098	14 not a sworn peace officer at the time of the training.
2099	2099	15 A person under paragraph (20) is entitled to eligible
2100	2100	16 creditable service for service credit earned under this
2101	2101	17 Article on and after his or her transfer by Executive Order No.
2102	2102	18 2003-10, Executive Order No. 2004-2, or Executive Order No.
2103	2103	19 2016-1.
2104	2104	20 (c) For the purposes of this Section:
2105	2105	21 (1) The term "State policeman" includes any title or
2106	2106	22 position in the Illinois State Police that is held by an
2107	2107	23 individual employed under the Illinois State Police Act.
2108	2108	24 (2) The term "fire fighter in the fire protection
2109	2109	25 service of a department" includes all officers in such
2110	2110	26 fire protection service including fire chiefs and
2111	2111
2112	2112
2113	2113
2114	2114
2115	2115
2116	2116	SB3616 - 58 - LRB103 38437 RPS 68573 b
2117	2117
2118	2118
2119	2119	SB3616- 59 -LRB103 38437 RPS 68573 b SB3616 - 59 - LRB103 38437 RPS 68573 b
2120	2120	SB3616 - 59 - LRB103 38437 RPS 68573 b
2121	2121	1 assistant fire chiefs.
2122	2122	2 (3) The term "air pilot" includes any employee whose
2123	2123	3 official job description on file in the Department of
2124	2124	4 Central Management Services, or in the department by which
2125	2125	5 he is employed if that department is not covered by the
2126	2126	6 Personnel Code, states that his principal duty is the
2127	2127	7 operation of aircraft, and who possesses a pilot's
2128	2128	8 license; however, the change in this definition made by
2129	2129	9 Public Act 83-842 shall not operate to exclude any
2130	2130	10 noncovered employee who was an "air pilot" for the
2131	2131	11 purposes of this Section on January 1, 1984.
2132	2132	12 (4) The term "special agent" means any person who by
2133	2133	13 reason of employment by the Division of Narcotic Control,
2134	2134	14 the Bureau of Investigation or, after July 1, 1977, the
2135	2135	15 Division of Criminal Investigation, the Division of
2136	2136	16 Internal Investigation, the Division of Operations, the
2137	2137	17 Division of Patrol, or any other Division or
2138	2138	18 organizational entity in the Illinois State Police is
2139	2139	19 vested by law with duties to maintain public order,
2140	2140	20 investigate violations of the criminal law of this State,
2141	2141	21 enforce the laws of this State, make arrests and recover
2142	2142	22 property. The term "special agent" includes any title or
2143	2143	23 position in the Illinois State Police that is held by an
2144	2144	24 individual employed under the Illinois State Police Act.
2145	2145	25 (5) The term "investigator for the Secretary of State"
2146	2146	26 means any person employed by the Office of the Secretary
2147	2147
2148	2148
2149	2149
2150	2150
2151	2151
2152	2152	SB3616 - 59 - LRB103 38437 RPS 68573 b
2153	2153
2154	2154
2155	2155	SB3616- 60 -LRB103 38437 RPS 68573 b SB3616 - 60 - LRB103 38437 RPS 68573 b
2156	2156	SB3616 - 60 - LRB103 38437 RPS 68573 b
2157	2157	1 of State and vested with such investigative duties as
2158	2158	2 render him ineligible for coverage under the Social
2159	2159	3 Security Act by reason of Sections 218(d)(5)(A),
2160	2160	4 218(d)(8)(D) and 218(l)(1) of that Act.
2161	2161	5 A person who became employed as an investigator for
2162	2162	6 the Secretary of State between January 1, 1967 and
2163	2163	7 December 31, 1975, and who has served as such until
2164	2164	8 attainment of age 60, either continuously or with a single
2165	2165	9 break in service of not more than 3 years duration, which
2166	2166	10 break terminated before January 1, 1976, shall be entitled
2167	2167	11 to have his retirement annuity calculated in accordance
2168	2168	12 with subsection (a), notwithstanding that he has less than
2169	2169	13 20 years of credit for such service.
2170	2170	14 (6) The term "Conservation Police Officer" means any
2171	2171	15 person employed by the Division of Law Enforcement of the
2172	2172	16 Department of Natural Resources and vested with such law
2173	2173	17 enforcement duties as render him ineligible for coverage
2174	2174	18 under the Social Security Act by reason of Sections
2175	2175	19 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
2176	2176	20 term "Conservation Police Officer" includes the positions
2177	2177	21 of Chief Conservation Police Administrator and Assistant
2178	2178	22 Conservation Police Administrator.
2179	2179	23 (7) The term "investigator for the Department of
2180	2180	24 Revenue" means any person employed by the Department of
2181	2181	25 Revenue and vested with such investigative duties as
2182	2182	26 render him ineligible for coverage under the Social
2183	2183
2184	2184
2185	2185
2186	2186
2187	2187
2188	2188	SB3616 - 60 - LRB103 38437 RPS 68573 b
2189	2189
2190	2190
2191	2191	SB3616- 61 -LRB103 38437 RPS 68573 b SB3616 - 61 - LRB103 38437 RPS 68573 b
2192	2192	SB3616 - 61 - LRB103 38437 RPS 68573 b
2193	2193	1 Security Act by reason of Sections 218(d)(5)(A),
2194	2194	2 218(d)(8)(D) and 218(l)(1) of that Act.
2195	2195	3 The term "investigator for the Illinois Gaming Board"
2196	2196	4 means any person employed as such by the Illinois Gaming
2197	2197	5 Board and vested with such peace officer duties as render
2198	2198	6 the person ineligible for coverage under the Social
2199	2199	7 Security Act by reason of Sections 218(d)(5)(A),
2200	2200	8 218(d)(8)(D), and 218(l)(1) of that Act.
2201	2201	9 (8) The term "security employee of the Department of
2202	2202	10 Human Services" means any person employed by the
2203	2203	11 Department of Human Services who (i) is employed at the
2204	2204	12 Chester Mental Health Center and has daily contact with
2205	2205	13 the residents thereof, (ii) is employed within a security
2206	2206	14 unit at a facility operated by the Department and has
2207	2207	15 daily contact with the residents of the security unit,
2208	2208	16 (iii) is employed at a facility operated by the Department
2209	2209	17 that includes a security unit and is regularly scheduled
2210	2210	18 to work at least 50% of his or her working hours within
2211	2211	19 that security unit, or (iv) is a mental health police
2212	2212	20 officer. "Mental health police officer" means any person
2213	2213	21 employed by the Department of Human Services in a position
2214	2214	22 pertaining to the Department's mental health and
2215	2215	23 developmental disabilities functions who is vested with
2216	2216	24 such law enforcement duties as render the person
2217	2217	25 ineligible for coverage under the Social Security Act by
2218	2218	26 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
2219	2219
2220	2220
2221	2221
2222	2222
2223	2223
2224	2224	SB3616 - 61 - LRB103 38437 RPS 68573 b
2225	2225
2226	2226
2227	2227	SB3616- 62 -LRB103 38437 RPS 68573 b SB3616 - 62 - LRB103 38437 RPS 68573 b
2228	2228	SB3616 - 62 - LRB103 38437 RPS 68573 b
2229	2229	1 218(l)(1) of that Act. "Security unit" means that portion
2230	2230	2 of a facility that is devoted to the care, containment,
2231	2231	3 and treatment of persons committed to the Department of
2232	2232	4 Human Services as sexually violent persons, persons unfit
2233	2233	5 to stand trial, or persons not guilty by reason of
2234	2234	6 insanity. With respect to past employment, references to
2235	2235	7 the Department of Human Services include its predecessor,
2236	2236	8 the Department of Mental Health and Developmental
2237	2237	9 Disabilities.
2238	2238	10 The changes made to this subdivision (c)(8) by Public
2239	2239	11 Act 92-14 apply to persons who retire on or after January
2240	2240	12 1, 2001, notwithstanding Section 1-103.1.
2241	2241	13 (9) "Central Management Services security police
2242	2242	14 officer" means any person employed by the Department of
2243	2243	15 Central Management Services who is vested with such law
2244	2244	16 enforcement duties as render him ineligible for coverage
2245	2245	17 under the Social Security Act by reason of Sections
2246	2246	18 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2247	2247	19 (10) For a member who first became an employee under
2248	2248	20 this Article before July 1, 2005, the term "security
2249	2249	21 employee of the Department of Corrections or the
2250	2250	22 Department of Juvenile Justice" means any employee of the
2251	2251	23 Department of Corrections or the Department of Juvenile
2252	2252	24 Justice or the former Department of Personnel, and any
2253	2253	25 member or employee of the Prisoner Review Board, who has
2254	2254	26 daily contact with inmates or youth by working within a
2255	2255
2256	2256
2257	2257
2258	2258
2259	2259
2260	2260	SB3616 - 62 - LRB103 38437 RPS 68573 b
2261	2261
2262	2262
2263	2263	SB3616- 63 -LRB103 38437 RPS 68573 b SB3616 - 63 - LRB103 38437 RPS 68573 b
2264	2264	SB3616 - 63 - LRB103 38437 RPS 68573 b
2265	2265	1 correctional facility or Juvenile facility operated by the
2266	2266	2 Department of Juvenile Justice or who is a parole officer
2267	2267	3 or an employee who has direct contact with committed
2268	2268	4 persons in the performance of his or her job duties. For a
2269	2269	5 member who first becomes an employee under this Article on
2270	2270	6 or after July 1, 2005, the term means an employee of the
2271	2271	7 Department of Corrections or the Department of Juvenile
2272	2272	8 Justice who is any of the following: (i) officially
2273	2273	9 headquartered at a correctional facility or Juvenile
2274	2274	10 facility operated by the Department of Juvenile Justice,
2275	2275	11 (ii) a parole officer, (iii) a member of the apprehension
2276	2276	12 unit, (iv) a member of the intelligence unit, (v) a member
2277	2277	13 of the sort team, or (vi) an investigator.
2278	2278	14 (11) The term "dangerous drugs investigator" means any
2279	2279	15 person who is employed as such by the Department of Human
2280	2280	16 Services.
2281	2281	17 (12) The term "investigator for the Illinois State
2282	2282	18 Police" means a person employed by the Illinois State
2283	2283	19 Police who is vested under Section 4 of the Narcotic
2284	2284	20 Control Division Abolition Act with such law enforcement
2285	2285	21 powers as render him ineligible for coverage under the
2286	2286	22 Social Security Act by reason of Sections 218(d)(5)(A),
2287	2287	23 218(d)(8)(D) and 218(l)(1) of that Act.
2288	2288	24 (13) "Investigator for the Office of the Attorney
2289	2289	25 General" means any person who is employed as such by the
2290	2290	26 Office of the Attorney General and is vested with such
2291	2291
2292	2292
2293	2293
2294	2294
2295	2295
2296	2296	SB3616 - 63 - LRB103 38437 RPS 68573 b
2297	2297
2298	2298
2299	2299	SB3616- 64 -LRB103 38437 RPS 68573 b SB3616 - 64 - LRB103 38437 RPS 68573 b
2300	2300	SB3616 - 64 - LRB103 38437 RPS 68573 b
2301	2301	1 investigative duties as render him ineligible for coverage
2302	2302	2 under the Social Security Act by reason of Sections
2303	2303	3 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
2304	2304	4 the period before January 1, 1989, the term includes all
2305	2305	5 persons who were employed as investigators by the Office
2306	2306	6 of the Attorney General, without regard to social security
2307	2307	7 status.
2308	2308	8 (14) "Controlled substance inspector" means any person
2309	2309	9 who is employed as such by the Department of Professional
2310	2310	10 Regulation and is vested with such law enforcement duties
2311	2311	11 as render him ineligible for coverage under the Social
2312	2312	12 Security Act by reason of Sections 218(d)(5)(A),
2313	2313	13 218(d)(8)(D) and 218(l)(1) of that Act. The term
2314	2314	14 "controlled substance inspector" includes the Program
2315	2315	15 Executive of Enforcement and the Assistant Program
2316	2316	16 Executive of Enforcement.
2317	2317	17 (15) The term "investigator for the Office of the
2318	2318	18 State's Attorneys Appellate Prosecutor" means a person
2319	2319	19 employed in that capacity on a full-time basis under the
2320	2320	20 authority of Section 7.06 of the State's Attorneys
2321	2321	21 Appellate Prosecutor's Act.
2322	2322	22 (16) "Commerce Commission police officer" means any
2323	2323	23 person employed by the Illinois Commerce Commission who is
2324	2324	24 vested with such law enforcement duties as render him
2325	2325	25 ineligible for coverage under the Social Security Act by
2326	2326	26 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
2327	2327
2328	2328
2329	2329
2330	2330
2331	2331
2332	2332	SB3616 - 64 - LRB103 38437 RPS 68573 b
2333	2333
2334	2334
2335	2335	SB3616- 65 -LRB103 38437 RPS 68573 b SB3616 - 65 - LRB103 38437 RPS 68573 b
2336	2336	SB3616 - 65 - LRB103 38437 RPS 68573 b
2337	2337	1 218(l)(1) of that Act.
2338	2338	2 (17) "Arson investigator" means any person who is
2339	2339	3 employed as such by the Office of the State Fire Marshal
2340	2340	4 and is vested with such law enforcement duties as render
2341	2341	5 the person ineligible for coverage under the Social
2342	2342	6 Security Act by reason of Sections 218(d)(5)(A),
2343	2343	7 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
2344	2344	8 employed as an arson investigator on January 1, 1995 and
2345	2345	9 is no longer in service but not yet receiving a retirement
2346	2346	10 annuity may convert his or her creditable service for
2347	2347	11 employment as an arson investigator into eligible
2348	2348	12 creditable service by paying to the System the difference
2349	2349	13 between the employee contributions actually paid for that
2350	2350	14 service and the amounts that would have been contributed
2351	2351	15 if the applicant were contributing at the rate applicable
2352	2352	16 to persons with the same social security status earning
2353	2353	17 eligible creditable service on the date of application.
2354	2354	18 (18) The term "State highway maintenance worker" means
2355	2355	19 a person who is either of the following:
2356	2356	20 (i) A person employed on a full-time basis by the
2357	2357	21 Illinois Department of Transportation in the position
2358	2358	22 of highway maintainer, highway maintenance lead
2359	2359	23 worker, highway maintenance lead/lead worker, heavy
2360	2360	24 construction equipment operator, power shovel
2361	2361	25 operator, or bridge mechanic; and whose principal
2362	2362	26 responsibility is to perform, on the roadway, the
2363	2363
2364	2364
2365	2365
2366	2366
2367	2367
2368	2368	SB3616 - 65 - LRB103 38437 RPS 68573 b
2369	2369
2370	2370
2371	2371	SB3616- 66 -LRB103 38437 RPS 68573 b SB3616 - 66 - LRB103 38437 RPS 68573 b
2372	2372	SB3616 - 66 - LRB103 38437 RPS 68573 b
2373	2373	1 actual maintenance necessary to keep the highways that
2374	2374	2 form a part of the State highway system in serviceable
2375	2375	3 condition for vehicular traffic.
2376	2376	4 (ii) A person employed on a full-time basis by the
2377	2377	5 Illinois State Toll Highway Authority in the position
2378	2378	6 of equipment operator/laborer H-4, equipment
2379	2379	7 operator/laborer H-6, welder H-4, welder H-6,
2380	2380	8 mechanical/electrical H-4, mechanical/electrical H-6,
2381	2381	9 water/sewer H-4, water/sewer H-6, sign maker/hanger
2382	2382	10 H-4, sign maker/hanger H-6, roadway lighting H-4,
2383	2383	11 roadway lighting H-6, structural H-4, structural H-6,
2384	2384	12 painter H-4, or painter H-6; and whose principal
2385	2385	13 responsibility is to perform, on the roadway, the
2386	2386	14 actual maintenance necessary to keep the Authority's
2387	2387	15 tollways in serviceable condition for vehicular
2388	2388	16 traffic.
2389	2389	17 (19) The term "security employee of the Department of
2390	2390	18 Innovation and Technology" means a person who was a
2391	2391	19 security employee of the Department of Corrections or the
2392	2392	20 Department of Juvenile Justice, was transferred to the
2393	2393	21 Department of Innovation and Technology pursuant to
2394	2394	22 Executive Order 2016-01, and continues to perform similar
2395	2395	23 job functions under that Department.
2396	2396	24 (20) "Transferred employee" means an employee who was
2397	2397	25 transferred to the Department of Central Management
2398	2398	26 Services by Executive Order No. 2003-10 or Executive Order
2399	2399
2400	2400
2401	2401
2402	2402
2403	2403
2404	2404	SB3616 - 66 - LRB103 38437 RPS 68573 b
2405	2405
2406	2406
2407	2407	SB3616- 67 -LRB103 38437 RPS 68573 b SB3616 - 67 - LRB103 38437 RPS 68573 b
2408	2408	SB3616 - 67 - LRB103 38437 RPS 68573 b
2409	2409	1 No. 2004-2 or transferred to the Department of Innovation
2410	2410	2 and Technology by Executive Order No. 2016-1, or both, and
2411	2411	3 was entitled to eligible creditable service for services
2412	2412	4 immediately preceding the transfer.
2413	2413	5 (d) A security employee of the Department of Corrections
2414	2414	6 or the Department of Juvenile Justice, a security employee of
2415	2415	7 the Department of Human Services who is not a mental health
2416	2416	8 police officer, and a security employee of the Department of
2417	2417	9 Innovation and Technology shall not be eligible for the
2418	2418	10 alternative retirement annuity provided by this Section unless
2419	2419	11 he or she meets the following minimum age and service
2420	2420	12 requirements at the time of retirement:
2421	2421	13 (i) 25 years of eligible creditable service and age
2422	2422	14 55; or
2423	2423	15 (ii) beginning January 1, 1987, 25 years of eligible
2424	2424	16 creditable service and age 54, or 24 years of eligible
2425	2425	17 creditable service and age 55; or
2426	2426	18 (iii) beginning January 1, 1988, 25 years of eligible
2427	2427	19 creditable service and age 53, or 23 years of eligible
2428	2428	20 creditable service and age 55; or
2429	2429	21 (iv) beginning January 1, 1989, 25 years of eligible
2430	2430	22 creditable service and age 52, or 22 years of eligible
2431	2431	23 creditable service and age 55; or
2432	2432	24 (v) beginning January 1, 1990, 25 years of eligible
2433	2433	25 creditable service and age 51, or 21 years of eligible
2434	2434	26 creditable service and age 55; or
2435	2435
2436	2436
2437	2437
2438	2438
2439	2439
2440	2440	SB3616 - 67 - LRB103 38437 RPS 68573 b
2441	2441
2442	2442
2443	2443	SB3616- 68 -LRB103 38437 RPS 68573 b SB3616 - 68 - LRB103 38437 RPS 68573 b
2444	2444	SB3616 - 68 - LRB103 38437 RPS 68573 b
2445	2445	1 (vi) beginning January 1, 1991, 25 years of eligible
2446	2446	2 creditable service and age 50, or 20 years of eligible
2447	2447	3 creditable service and age 55.
2448	2448	4 Persons who have service credit under Article 16 of this
2449	2449	5 Code for service as a security employee of the Department of
2450	2450	6 Corrections or the Department of Juvenile Justice, or the
2451	2451	7 Department of Human Services in a position requiring
2452	2452	8 certification as a teacher may count such service toward
2453	2453	9 establishing their eligibility under the service requirements
2454	2454	10 of this Section; but such service may be used only for
2455	2455	11 establishing such eligibility, and not for the purpose of
2456	2456	12 increasing or calculating any benefit.
2457	2457	13 (e) If a member enters military service while working in a
2458	2458	14 position in which eligible creditable service may be earned,
2459	2459	15 and returns to State service in the same or another such
2460	2460	16 position, and fulfills in all other respects the conditions
2461	2461	17 prescribed in this Article for credit for military service,
2462	2462	18 such military service shall be credited as eligible creditable
2463	2463	19 service for the purposes of the retirement annuity prescribed
2464	2464	20 in this Section.
2465	2465	21 (f) For purposes of calculating retirement annuities under
2466	2466	22 this Section, periods of service rendered after December 31,
2467	2467	23 1968 and before October 1, 1975 as a covered employee in the
2468	2468	24 position of special agent, conservation police officer, mental
2469	2469	25 health police officer, or investigator for the Secretary of
2470	2470	26 State, shall be deemed to have been service as a noncovered
2471	2471
2472	2472
2473	2473
2474	2474
2475	2475
2476	2476	SB3616 - 68 - LRB103 38437 RPS 68573 b
2477	2477
2478	2478
2479	2479	SB3616- 69 -LRB103 38437 RPS 68573 b SB3616 - 69 - LRB103 38437 RPS 68573 b
2480	2480	SB3616 - 69 - LRB103 38437 RPS 68573 b
2481	2481	1 employee, provided that the employee pays to the System prior
2482	2482	2 to retirement an amount equal to (1) the difference between
2483	2483	3 the employee contributions that would have been required for
2484	2484	4 such service as a noncovered employee, and the amount of
2485	2485	5 employee contributions actually paid, plus (2) if payment is
2486	2486	6 made after July 31, 1987, regular interest on the amount
2487	2487	7 specified in item (1) from the date of service to the date of
2488	2488	8 payment.
2489	2489	9 For purposes of calculating retirement annuities under
2490	2490	10 this Section, periods of service rendered after December 31,
2491	2491	11 1968 and before January 1, 1982 as a covered employee in the
2492	2492	12 position of investigator for the Department of Revenue shall
2493	2493	13 be deemed to have been service as a noncovered employee,
2494	2494	14 provided that the employee pays to the System prior to
2495	2495	15 retirement an amount equal to (1) the difference between the
2496	2496	16 employee contributions that would have been required for such
2497	2497	17 service as a noncovered employee, and the amount of employee
2498	2498	18 contributions actually paid, plus (2) if payment is made after
2499	2499	19 January 1, 1990, regular interest on the amount specified in
2500	2500	20 item (1) from the date of service to the date of payment.
2501	2501	21 (g) A State policeman may elect, not later than January 1,
2502	2502	22 1990, to establish eligible creditable service for up to 10
2503	2503	23 years of his service as a policeman under Article 3, by filing
2504	2504	24 a written election with the Board, accompanied by payment of
2505	2505	25 an amount to be determined by the Board, equal to (i) the
2506	2506	26 difference between the amount of employee and employer
2507	2507
2508	2508
2509	2509
2510	2510
2511	2511
2512	2512	SB3616 - 69 - LRB103 38437 RPS 68573 b
2513	2513
2514	2514
2515	2515	SB3616- 70 -LRB103 38437 RPS 68573 b SB3616 - 70 - LRB103 38437 RPS 68573 b
2516	2516	SB3616 - 70 - LRB103 38437 RPS 68573 b
2517	2517	1 contributions transferred to the System under Section 3-110.5,
2518	2518	2 and the amounts that would have been contributed had such
2519	2519	3 contributions been made at the rates applicable to State
2520	2520	4 policemen, plus (ii) interest thereon at the effective rate
2521	2521	5 for each year, compounded annually, from the date of service
2522	2522	6 to the date of payment.
2523	2523	7 Subject to the limitation in subsection (i), a State
2524	2524	8 policeman may elect, not later than July 1, 1993, to establish
2525	2525	9 eligible creditable service for up to 10 years of his service
2526	2526	10 as a member of the County Police Department under Article 9, by
2527	2527	11 filing a written election with the Board, accompanied by
2528	2528	12 payment of an amount to be determined by the Board, equal to
2529	2529	13 (i) the difference between the amount of employee and employer
2530	2530	14 contributions transferred to the System under Section 9-121.10
2531	2531	15 and the amounts that would have been contributed had those
2532	2532	16 contributions been made at the rates applicable to State
2533	2533	17 policemen, plus (ii) interest thereon at the effective rate
2534	2534	18 for each year, compounded annually, from the date of service
2535	2535	19 to the date of payment.
2536	2536	20 (h) Subject to the limitation in subsection (i), a State
2537	2537	21 policeman or investigator for the Secretary of State may elect
2538	2538	22 to establish eligible creditable service for up to 12 years of
2539	2539	23 his service as a policeman under Article 5, by filing a written
2540	2540	24 election with the Board on or before January 31, 1992, and
2541	2541	25 paying to the System by January 31, 1994 an amount to be
2542	2542	26 determined by the Board, equal to (i) the difference between
2543	2543
2544	2544
2545	2545
2546	2546
2547	2547
2548	2548	SB3616 - 70 - LRB103 38437 RPS 68573 b
2549	2549
2550	2550
2551	2551	SB3616- 71 -LRB103 38437 RPS 68573 b SB3616 - 71 - LRB103 38437 RPS 68573 b
2552	2552	SB3616 - 71 - LRB103 38437 RPS 68573 b
2553	2553	1 the amount of employee and employer contributions transferred
2554	2554	2 to the System under Section 5-236, and the amounts that would
2555	2555	3 have been contributed had such contributions been made at the
2556	2556	4 rates applicable to State policemen, plus (ii) interest
2557	2557	5 thereon at the effective rate for each year, compounded
2558	2558	6 annually, from the date of service to the date of payment.
2559	2559	7 Subject to the limitation in subsection (i), a State
2560	2560	8 policeman, conservation police officer, or investigator for
2561	2561	9 the Secretary of State may elect to establish eligible
2562	2562	10 creditable service for up to 10 years of service as a sheriff's
2563	2563	11 law enforcement employee under Article 7, by filing a written
2564	2564	12 election with the Board on or before January 31, 1993, and
2565	2565	13 paying to the System by January 31, 1994 an amount to be
2566	2566	14 determined by the Board, equal to (i) the difference between
2567	2567	15 the amount of employee and employer contributions transferred
2568	2568	16 to the System under Section 7-139.7, and the amounts that
2569	2569	17 would have been contributed had such contributions been made
2570	2570	18 at the rates applicable to State policemen, plus (ii) interest
2571	2571	19 thereon at the effective rate for each year, compounded
2572	2572	20 annually, from the date of service to the date of payment.
2573	2573	21 Subject to the limitation in subsection (i), a State
2574	2574	22 policeman, conservation police officer, or investigator for
2575	2575	23 the Secretary of State may elect to establish eligible
2576	2576	24 creditable service for up to 5 years of service as a police
2577	2577	25 officer under Article 3, a policeman under Article 5, a
2578	2578	26 sheriff's law enforcement employee under Article 7, a member
2579	2579
2580	2580
2581	2581
2582	2582
2583	2583
2584	2584	SB3616 - 71 - LRB103 38437 RPS 68573 b
2585	2585
2586	2586
2587	2587	SB3616- 72 -LRB103 38437 RPS 68573 b SB3616 - 72 - LRB103 38437 RPS 68573 b
2588	2588	SB3616 - 72 - LRB103 38437 RPS 68573 b
2589	2589	1 of the county police department under Article 9, or a police
2590	2590	2 officer under Article 15 by filing a written election with the
2591	2591	3 Board and paying to the System an amount to be determined by
2592	2592	4 the Board, equal to (i) the difference between the amount of
2593	2593	5 employee and employer contributions transferred to the System
2594	2594	6 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
2595	2595	7 and the amounts that would have been contributed had such
2596	2596	8 contributions been made at the rates applicable to State
2597	2597	9 policemen, plus (ii) interest thereon at the effective rate
2598	2598	10 for each year, compounded annually, from the date of service
2599	2599	11 to the date of payment.
2600	2600	12 Subject to the limitation in subsection (i), an
2601	2601	13 investigator for the Office of the Attorney General, or an
2602	2602	14 investigator for the Department of Revenue, may elect to
2603	2603	15 establish eligible creditable service for up to 5 years of
2604	2604	16 service as a police officer under Article 3, a policeman under
2605	2605	17 Article 5, a sheriff's law enforcement employee under Article
2606	2606	18 7, or a member of the county police department under Article 9
2607	2607	19 by filing a written election with the Board within 6 months
2608	2608	20 after August 25, 2009 (the effective date of Public Act
2609	2609	21 96-745) and paying to the System an amount to be determined by
2610	2610	22 the Board, equal to (i) the difference between the amount of
2611	2611	23 employee and employer contributions transferred to the System
2612	2612	24 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
2613	2613	25 amounts that would have been contributed had such
2614	2614	26 contributions been made at the rates applicable to State
2615	2615
2616	2616
2617	2617
2618	2618
2619	2619
2620	2620	SB3616 - 72 - LRB103 38437 RPS 68573 b
2621	2621
2622	2622
2623	2623	SB3616- 73 -LRB103 38437 RPS 68573 b SB3616 - 73 - LRB103 38437 RPS 68573 b
2624	2624	SB3616 - 73 - LRB103 38437 RPS 68573 b
2625	2625	1 policemen, plus (ii) interest thereon at the actuarially
2626	2626	2 assumed rate for each year, compounded annually, from the date
2627	2627	3 of service to the date of payment.
2628	2628	4 Subject to the limitation in subsection (i), a State
2629	2629	5 policeman, conservation police officer, investigator for the
2630	2630	6 Office of the Attorney General, an investigator for the
2631	2631	7 Department of Revenue, or investigator for the Secretary of
2632	2632	8 State may elect to establish eligible creditable service for
2633	2633	9 up to 5 years of service as a person employed by a
2634	2634	10 participating municipality to perform police duties, or law
2635	2635	11 enforcement officer employed on a full-time basis by a forest
2636	2636	12 preserve district under Article 7, a county corrections
2637	2637	13 officer, or a court services officer under Article 9, by
2638	2638	14 filing a written election with the Board within 6 months after
2639	2639	15 August 25, 2009 (the effective date of Public Act 96-745) and
2640	2640	16 paying to the System an amount to be determined by the Board,
2641	2641	17 equal to (i) the difference between the amount of employee and
2642	2642	18 employer contributions transferred to the System under
2643	2643	19 Sections 7-139.8 and 9-121.10 and the amounts that would have
2644	2644	20 been contributed had such contributions been made at the rates
2645	2645	21 applicable to State policemen, plus (ii) interest thereon at
2646	2646	22 the actuarially assumed rate for each year, compounded
2647	2647	23 annually, from the date of service to the date of payment.
2648	2648	24 Subject to the limitation in subsection (i), a State
2649	2649	25 policeman, arson investigator, or Commerce Commission police
2650	2650	26 officer may elect to establish eligible creditable service for
2651	2651
2652	2652
2653	2653
2654	2654
2655	2655
2656	2656	SB3616 - 73 - LRB103 38437 RPS 68573 b
2657	2657
2658	2658
2659	2659	SB3616- 74 -LRB103 38437 RPS 68573 b SB3616 - 74 - LRB103 38437 RPS 68573 b
2660	2660	SB3616 - 74 - LRB103 38437 RPS 68573 b
2661	2661	1 up to 5 years of service as a person employed by a
2662	2662	2 participating municipality to perform police duties under
2663	2663	3 Article 7, a county corrections officer, a court services
2664	2664	4 officer under Article 9, or a firefighter under Article 4 by
2665	2665	5 filing a written election with the Board within 6 months after
2666	2666	6 July 30, 2021 (the effective date of Public Act 102-210) and
2667	2667	7 paying to the System an amount to be determined by the Board
2668	2668	8 equal to (i) the difference between the amount of employee and
2669	2669	9 employer contributions transferred to the System under
2670	2670	10 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
2671	2671	11 would have been contributed had such contributions been made
2672	2672	12 at the rates applicable to State policemen, plus (ii) interest
2673	2673	13 thereon at the actuarially assumed rate for each year,
2674	2674	14 compounded annually, from the date of service to the date of
2675	2675	15 payment.
2676	2676	16 Subject to the limitation in subsection (i), a
2677	2677	17 conservation police officer may elect to establish eligible
2678	2678	18 creditable service for up to 5 years of service as a person
2679	2679	19 employed by a participating municipality to perform police
2680	2680	20 duties under Article 7, a county corrections officer, or a
2681	2681	21 court services officer under Article 9 by filing a written
2682	2682	22 election with the Board within 6 months after July 30, 2021
2683	2683	23 (the effective date of Public Act 102-210) and paying to the
2684	2684	24 System an amount to be determined by the Board equal to (i) the
2685	2685	25 difference between the amount of employee and employer
2686	2686	26 contributions transferred to the System under Sections 7-139.8
2687	2687
2688	2688
2689	2689
2690	2690
2691	2691
2692	2692	SB3616 - 74 - LRB103 38437 RPS 68573 b
2693	2693
2694	2694
2695	2695	SB3616- 75 -LRB103 38437 RPS 68573 b SB3616 - 75 - LRB103 38437 RPS 68573 b
2696	2696	SB3616 - 75 - LRB103 38437 RPS 68573 b
2697	2697	1 and 9-121.10 and the amounts that would have been contributed
2698	2698	2 had such contributions been made at the rates applicable to
2699	2699	3 State policemen, plus (ii) interest thereon at the actuarially
2700	2700	4 assumed rate for each year, compounded annually, from the date
2701	2701	5 of service to the date of payment.
2702	2702	6 Notwithstanding the limitation in subsection (i), a State
2703	2703	7 policeman or conservation police officer may elect to convert
2704	2704	8 service credit earned under this Article to eligible
2705	2705	9 creditable service, as defined by this Section, by filing a
2706	2706	10 written election with the Board board within 6 months after
2707	2707	11 July 30, 2021 (the effective date of Public Act 102-210) and
2708	2708	12 paying to the System an amount to be determined by the Board
2709	2709	13 equal to (i) the difference between the amount of employee
2710	2710	14 contributions originally paid for that service and the amounts
2711	2711	15 that would have been contributed had such contributions been
2712	2712	16 made at the rates applicable to State policemen, plus (ii) the
2713	2713	17 difference between the employer's normal cost of the credit
2714	2714	18 prior to the conversion authorized by this amendatory Act of
2715	2715	19 the 103rd General Assembly Public Act 102-210 and the
2716	2716	20 employer's normal cost of the credit converted in accordance
2717	2717	21 with this amendatory Act of the 103rd General Assembly Public
2718	2718	22 Act 102-210, plus (iii) interest thereon at the actuarially
2719	2719	23 assumed rate for each year, compounded annually, from the date
2720	2720	24 of service to the date of payment.
2721	2721	25 (i) The total amount of eligible creditable service
2722	2722	26 established by any person under subsections (g), (h), (j),
2723	2723
2724	2724
2725	2725
2726	2726
2727	2727
2728	2728	SB3616 - 75 - LRB103 38437 RPS 68573 b
2729	2729
2730	2730
2731	2731	SB3616- 76 -LRB103 38437 RPS 68573 b SB3616 - 76 - LRB103 38437 RPS 68573 b
2732	2732	SB3616 - 76 - LRB103 38437 RPS 68573 b
2733	2733	1 (k), (l), (l-5), (o), and (p) of this Section shall not exceed
2734	2734	2 12 years.
2735	2735	3 (j) Subject to the limitation in subsection (i), an
2736	2736	4 investigator for the Office of the State's Attorneys Appellate
2737	2737	5 Prosecutor or a controlled substance inspector may elect to
2738	2738	6 establish eligible creditable service for up to 10 years of
2739	2739	7 his service as a policeman under Article 3 or a sheriff's law
2740	2740	8 enforcement employee under Article 7, by filing a written
2741	2741	9 election with the Board, accompanied by payment of an amount
2742	2742	10 to be determined by the Board, equal to (1) the difference
2743	2743	11 between the amount of employee and employer contributions
2744	2744	12 transferred to the System under Section 3-110.6 or 7-139.8,
2745	2745	13 and the amounts that would have been contributed had such
2746	2746	14 contributions been made at the rates applicable to State
2747	2747	15 policemen, plus (2) interest thereon at the effective rate for
2748	2748	16 each year, compounded annually, from the date of service to
2749	2749	17 the date of payment.
2750	2750	18 (k) Subject to the limitation in subsection (i) of this
2751	2751	19 Section, an alternative formula employee may elect to
2752	2752	20 establish eligible creditable service for periods spent as a
2753	2753	21 full-time law enforcement officer or full-time corrections
2754	2754	22 officer employed by the federal government or by a state or
2755	2755	23 local government located outside of Illinois, for which credit
2756	2756	24 is not held in any other public employee pension fund or
2757	2757	25 retirement system. To obtain this credit, the applicant must
2758	2758	26 file a written application with the Board by March 31, 1998,
2759	2759
2760	2760
2761	2761
2762	2762
2763	2763
2764	2764	SB3616 - 76 - LRB103 38437 RPS 68573 b
2765	2765
2766	2766
2767	2767	SB3616- 77 -LRB103 38437 RPS 68573 b SB3616 - 77 - LRB103 38437 RPS 68573 b
2768	2768	SB3616 - 77 - LRB103 38437 RPS 68573 b
2769	2769	1 accompanied by evidence of eligibility acceptable to the Board
2770	2770	2 and payment of an amount to be determined by the Board, equal
2771	2771	3 to (1) employee contributions for the credit being
2772	2772	4 established, based upon the applicant's salary on the first
2773	2773	5 day as an alternative formula employee after the employment
2774	2774	6 for which credit is being established and the rates then
2775	2775	7 applicable to alternative formula employees, plus (2) an
2776	2776	8 amount determined by the Board to be the employer's normal
2777	2777	9 cost of the benefits accrued for the credit being established,
2778	2778	10 plus (3) regular interest on the amounts in items (1) and (2)
2779	2779	11 from the first day as an alternative formula employee after
2780	2780	12 the employment for which credit is being established to the
2781	2781	13 date of payment.
2782	2782	14 (l) Subject to the limitation in subsection (i), a
2783	2783	15 security employee of the Department of Corrections may elect,
2784	2784	16 not later than July 1, 1998, to establish eligible creditable
2785	2785	17 service for up to 10 years of his or her service as a policeman
2786	2786	18 under Article 3, by filing a written election with the Board,
2787	2787	19 accompanied by payment of an amount to be determined by the
2788	2788	20 Board, equal to (i) the difference between the amount of
2789	2789	21 employee and employer contributions transferred to the System
2790	2790	22 under Section 3-110.5, and the amounts that would have been
2791	2791	23 contributed had such contributions been made at the rates
2792	2792	24 applicable to security employees of the Department of
2793	2793	25 Corrections, plus (ii) interest thereon at the effective rate
2794	2794	26 for each year, compounded annually, from the date of service
2795	2795
2796	2796
2797	2797
2798	2798
2799	2799
2800	2800	SB3616 - 77 - LRB103 38437 RPS 68573 b
2801	2801
2802	2802
2803	2803	SB3616- 78 -LRB103 38437 RPS 68573 b SB3616 - 78 - LRB103 38437 RPS 68573 b
2804	2804	SB3616 - 78 - LRB103 38437 RPS 68573 b
2805	2805	1 to the date of payment.
2806	2806	2 (l-5) Subject to the limitation in subsection (i) of this
2807	2807	3 Section, a State policeman may elect to establish eligible
2808	2808	4 creditable service for up to 5 years of service as a full-time
2809	2809	5 law enforcement officer employed by the federal government or
2810	2810	6 by a state or local government located outside of Illinois for
2811	2811	7 which credit is not held in any other public employee pension
2812	2812	8 fund or retirement system. To obtain this credit, the
2813	2813	9 applicant must file a written application with the Board no
2814	2814	10 later than 3 years after January 1, 2020 (the effective date of
2815	2815	11 Public Act 101-610), accompanied by evidence of eligibility
2816	2816	12 acceptable to the Board and payment of an amount to be
2817	2817	13 determined by the Board, equal to (1) employee contributions
2818	2818	14 for the credit being established, based upon the applicant's
2819	2819	15 salary on the first day as an alternative formula employee
2820	2820	16 after the employment for which credit is being established and
2821	2821	17 the rates then applicable to alternative formula employees,
2822	2822	18 plus (2) an amount determined by the Board to be the employer's
2823	2823	19 normal cost of the benefits accrued for the credit being
2824	2824	20 established, plus (3) regular interest on the amounts in items
2825	2825	21 (1) and (2) from the first day as an alternative formula
2826	2826	22 employee after the employment for which credit is being
2827	2827	23 established to the date of payment.
2828	2828	24 (m) The amendatory changes to this Section made by Public
2829	2829	25 Act 94-696 apply only to: (1) security employees of the
2830	2830	26 Department of Juvenile Justice employed by the Department of
2831	2831
2832	2832
2833	2833
2834	2834
2835	2835
2836	2836	SB3616 - 78 - LRB103 38437 RPS 68573 b
2837	2837
2838	2838
2839	2839	SB3616- 79 -LRB103 38437 RPS 68573 b SB3616 - 79 - LRB103 38437 RPS 68573 b
2840	2840	SB3616 - 79 - LRB103 38437 RPS 68573 b
2841	2841	1 Corrections before June 1, 2006 (the effective date of Public
2842	2842	2 Act 94-696) and transferred to the Department of Juvenile
2843	2843	3 Justice by Public Act 94-696; and (2) persons employed by the
2844	2844	4 Department of Juvenile Justice on or after June 1, 2006 (the
2845	2845	5 effective date of Public Act 94-696) who are required by
2846	2846	6 subsection (b) of Section 3-2.5-15 of the Unified Code of
2847	2847	7 Corrections to have any bachelor's or advanced degree from an
2848	2848	8 accredited college or university or, in the case of persons
2849	2849	9 who provide vocational training, who are required to have
2850	2850	10 adequate knowledge in the skill for which they are providing
2851	2851	11 the vocational training.
2852	2852	12 (n) A person employed in a position under subsection (b)
2853	2853	13 of this Section who has purchased service credit under
2854	2854	14 subsection (j) of Section 14-104 or subsection (b) of Section
2855	2855	15 14-105 in any other capacity under this Article may convert up
2856	2856	16 to 5 years of that service credit into service credit covered
2857	2857	17 under this Section by paying to the Fund an amount equal to (1)
2858	2858	18 the additional employee contribution required under Section
2859	2859	19 14-133, plus (2) the additional employer contribution required
2860	2860	20 under Section 14-131, plus (3) interest on items (1) and (2) at
2861	2861	21 the actuarially assumed rate from the date of the service to
2862	2862	22 the date of payment.
2863	2863	23 (o) Subject to the limitation in subsection (i), a
2864	2864	24 conservation police officer, investigator for the Secretary of
2865	2865	25 State, Commerce Commission police officer, investigator for
2866	2866	26 the Department of Revenue or the Illinois Gaming Board, or
2867	2867
2868	2868
2869	2869
2870	2870
2871	2871
2872	2872	SB3616 - 79 - LRB103 38437 RPS 68573 b
2873	2873
2874	2874
2875	2875	SB3616- 80 -LRB103 38437 RPS 68573 b SB3616 - 80 - LRB103 38437 RPS 68573 b
2876	2876	SB3616 - 80 - LRB103 38437 RPS 68573 b
2877	2877	1 arson investigator subject to subsection (g) of Section 1-160
2878	2878	2 may elect to convert up to 8 years of service credit
2879	2879	3 established before January 1, 2020 (the effective date of
2880	2880	4 Public Act 101-610) as a conservation police officer,
2881	2881	5 investigator for the Secretary of State, Commerce Commission
2882	2882	6 police officer, investigator for the Department of Revenue or
2883	2883	7 the Illinois Gaming Board, or arson investigator under this
2884	2884	8 Article into eligible creditable service by filing a written
2885	2885	9 election with the Board no later than one year after January 1,
2886	2886	10 2020 (the effective date of Public Act 101-610), accompanied
2887	2887	11 by payment of an amount to be determined by the Board equal to
2888	2888	12 (i) the difference between the amount of the employee
2889	2889	13 contributions actually paid for that service and the amount of
2890	2890	14 the employee contributions that would have been paid had the
2891	2891	15 employee contributions been made as a noncovered employee
2892	2892	16 serving in a position in which eligible creditable service, as
2893	2893	17 defined in this Section, may be earned, plus (ii) interest
2894	2894	18 thereon at the effective rate for each year, compounded
2895	2895	19 annually, from the date of service to the date of payment.
2896	2896	20 (p) Subject to the limitation in subsection (i), an
2897	2897	21 investigator for the Office of the Attorney General subject to
2898	2898	22 subsection (g) of Section 1-160 may elect to convert up to 8
2899	2899	23 years of service credit established before the effective date
2900	2900	24 of this amendatory Act of the 102nd General Assembly as an
2901	2901	25 investigator for the Office of the Attorney General under this
2902	2902	26 Article into eligible creditable service by filing a written
2903	2903
2904	2904
2905	2905
2906	2906
2907	2907
2908	2908	SB3616 - 80 - LRB103 38437 RPS 68573 b
2909	2909
2910	2910
2911	2911	SB3616- 81 -LRB103 38437 RPS 68573 b SB3616 - 81 - LRB103 38437 RPS 68573 b
2912	2912	SB3616 - 81 - LRB103 38437 RPS 68573 b
2913	2913	1 election with the Board no later than one year after the
2914	2914	2 effective date of this amendatory Act of the 102nd General
2915	2915	3 Assembly, accompanied by payment of an amount to be determined
2916	2916	4 by the Board equal to (i) the difference between the amount of
2917	2917	5 the employee contributions actually paid for that service and
2918	2918	6 the amount of the employee contributions that would have been
2919	2919	7 paid had the employee contributions been made as a noncovered
2920	2920	8 employee serving in a position in which eligible creditable
2921	2921	9 service, as defined in this Section, may be earned, plus (ii)
2922	2922	10 interest thereon at the effective rate for each year,
2923	2923	11 compounded annually, from the date of service to the date of
2924	2924	12 payment.
2925	2925	13 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
2926	2926	14 102-956, eff. 5-27-22; 103-34, eff. 1-1-24.)
2927	2927	15 (40 ILCS 5/14-152.1)
2928	2928	16 Sec. 14-152.1. Application and expiration of new benefit
2929	2929	17 increases.
2930	2930	18 (a) As used in this Section, "new benefit increase" means
2931	2931	19 an increase in the amount of any benefit provided under this
2932	2932	20 Article, or an expansion of the conditions of eligibility for
2933	2933	21 any benefit under this Article, that results from an amendment
2934	2934	22 to this Code that takes effect after June 1, 2005 (the
2935	2935	23 effective date of Public Act 94-4). "New benefit increase",
2936	2936	24 however, does not include any benefit increase resulting from
2937	2937	25 the changes made to Article 1 or this Article by Public Act
2938	2938
2939	2939
2940	2940
2941	2941
2942	2942
2943	2943	SB3616 - 81 - LRB103 38437 RPS 68573 b
2944	2944
2945	2945
2946	2946	SB3616- 82 -LRB103 38437 RPS 68573 b SB3616 - 82 - LRB103 38437 RPS 68573 b
2947	2947	SB3616 - 82 - LRB103 38437 RPS 68573 b
2948	2948	1 96-37, Public Act 100-23, Public Act 100-587, Public Act
2949	2949	2 100-611, Public Act 101-10, Public Act 101-610, Public Act
2950	2950	3 102-210, Public Act 102-856, Public Act 102-956, or this
2951	2951	4 amendatory Act of the 103rd General Assembly this amendatory
2952	2952	5 Act of the 102nd General Assembly.
2953	2953	6 (b) Notwithstanding any other provision of this Code or
2954	2954	7 any subsequent amendment to this Code, every new benefit
2955	2955	8 increase is subject to this Section and shall be deemed to be
2956	2956	9 granted only in conformance with and contingent upon
2957	2957	10 compliance with the provisions of this Section.
2958	2958	11 (c) The Public Act enacting a new benefit increase must
2959	2959	12 identify and provide for payment to the System of additional
2960	2960	13 funding at least sufficient to fund the resulting annual
2961	2961	14 increase in cost to the System as it accrues.
2962	2962	15 Every new benefit increase is contingent upon the General
2963	2963	16 Assembly providing the additional funding required under this
2964	2964	17 subsection. The Commission on Government Forecasting and
2965	2965	18 Accountability shall analyze whether adequate additional
2966	2966	19 funding has been provided for the new benefit increase and
2967	2967	20 shall report its analysis to the Public Pension Division of
2968	2968	21 the Department of Insurance. A new benefit increase created by
2969	2969	22 a Public Act that does not include the additional funding
2970	2970	23 required under this subsection is null and void. If the Public
2971	2971	24 Pension Division determines that the additional funding
2972	2972	25 provided for a new benefit increase under this subsection is
2973	2973	26 or has become inadequate, it may so certify to the Governor and
2974	2974
2975	2975
2976	2976
2977	2977
2978	2978
2979	2979	SB3616 - 82 - LRB103 38437 RPS 68573 b
2980	2980
2981	2981
2982	2982	SB3616- 83 -LRB103 38437 RPS 68573 b SB3616 - 83 - LRB103 38437 RPS 68573 b
2983	2983	SB3616 - 83 - LRB103 38437 RPS 68573 b
2984	2984	1 the State Comptroller and, in the absence of corrective action
2985	2985	2 by the General Assembly, the new benefit increase shall expire
2986	2986	3 at the end of the fiscal year in which the certification is
2987	2987	4 made.
2988	2988	5 (d) Every new benefit increase shall expire 5 years after
2989	2989	6 its effective date or on such earlier date as may be specified
2990	2990	7 in the language enacting the new benefit increase or provided
2991	2991	8 under subsection (c). This does not prevent the General
2992	2992	9 Assembly from extending or re-creating a new benefit increase
2993	2993	10 by law.
2994	2994	11 (e) Except as otherwise provided in the language creating
2995	2995	12 the new benefit increase, a new benefit increase that expires
2996	2996	13 under this Section continues to apply to persons who applied
2997	2997	14 and qualified for the affected benefit while the new benefit
2998	2998	15 increase was in effect and to the affected beneficiaries and
2999	2999	16 alternate payees of such persons, but does not apply to any
3000	3000	17 other person, including, without limitation, a person who
3001	3001	18 continues in service after the expiration date and did not
3002	3002	19 apply and qualify for the affected benefit while the new
3003	3003	20 benefit increase was in effect.
3004	3004	21 (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
3005	3005	22 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
3006	3006	23 1-1-23; 102-956, eff. 5-27-22.)
3007	3007
3008	3008
3009	3009
3010	3010
3011	3011
3012	3012	SB3616 - 83 - LRB103 38437 RPS 68573 b