Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3708 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 SB3708 Introduced 2/9/2024, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: 40 ILCS 5/1-16040 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that, with regard to persons subject to the Tier 2 provisions, a security employee of the Department of Human Services, a security employee of the Department of Corrections or the Department of Juvenile Justice, or an investigator for the Department of the Lottery is entitled to an annuity calculated under the alternative retirement annuity provisions, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, regardless of whether the attainment of age 55 occurs while the person is still in service. Authorizes an investigator for the Department of the Lottery to establish eligible creditable service under the alternative retirement annuity provisions. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 13 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services into eligible creditable service by filing a written election with the Board, accompanied by a specified payment. Provides that a specified educational requirement for persons employed by the Department of Juvenile Justice shall no longer determine the eligibility to earn eligible creditable service under the alternative retirement annuity provisions, and authorizes the conversion of service credit to eligible creditable service. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective January 1, 2025. LRB103 39486 RPS 69682 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3708 Introduced 2/9/2024, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED: 40 ILCS 5/1-16040 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that, with regard to persons subject to the Tier 2 provisions, a security employee of the Department of Human Services, a security employee of the Department of Corrections or the Department of Juvenile Justice, or an investigator for the Department of the Lottery is entitled to an annuity calculated under the alternative retirement annuity provisions, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, regardless of whether the attainment of age 55 occurs while the person is still in service. Authorizes an investigator for the Department of the Lottery to establish eligible creditable service under the alternative retirement annuity provisions. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 13 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services into eligible creditable service by filing a written election with the Board, accompanied by a specified payment. Provides that a specified educational requirement for persons employed by the Department of Juvenile Justice shall no longer determine the eligibility to earn eligible creditable service under the alternative retirement annuity provisions, and authorizes the conversion of service credit to eligible creditable service. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective January 1, 2025. LRB103 39486 RPS 69682 b LRB103 39486 RPS 69682 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3708 Introduced 2/9/2024, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/1-16040 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
4	4	40 ILCS 5/1-160
5	5	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
6	6	40 ILCS 5/14-152.1
7	7	Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that, with regard to persons subject to the Tier 2 provisions, a security employee of the Department of Human Services, a security employee of the Department of Corrections or the Department of Juvenile Justice, or an investigator for the Department of the Lottery is entitled to an annuity calculated under the alternative retirement annuity provisions, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, regardless of whether the attainment of age 55 occurs while the person is still in service. Authorizes an investigator for the Department of the Lottery to establish eligible creditable service under the alternative retirement annuity provisions. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 13 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services into eligible creditable service by filing a written election with the Board, accompanied by a specified payment. Provides that a specified educational requirement for persons employed by the Department of Juvenile Justice shall no longer determine the eligibility to earn eligible creditable service under the alternative retirement annuity provisions, and authorizes the conversion of service credit to eligible creditable service. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective January 1, 2025.
8	8	LRB103 39486 RPS 69682 b LRB103 39486 RPS 69682 b
9	9	LRB103 39486 RPS 69682 b
10	10	A BILL FOR
11	11	SB3708LRB103 39486 RPS 69682 b SB3708 LRB103 39486 RPS 69682 b
12	12	SB3708 LRB103 39486 RPS 69682 b
13	13	1 AN ACT concerning public employee benefits.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Illinois Pension Code is amended by
17	17	5 changing Sections 1-160, 14-110, and 14-152.1 as follows:
18	18	6 (40 ILCS 5/1-160)
19	19	7 (Text of Section from P.A. 102-719)
20	20	8 Sec. 1-160. Provisions applicable to new hires.
21	21	9 (a) The provisions of this Section apply to a person who,
22	22	10 on or after January 1, 2011, first becomes a member or a
23	23	11 participant under any reciprocal retirement system or pension
24	24	12 fund established under this Code, other than a retirement
25	25	13 system or pension fund established under Article 2, 3, 4, 5, 6,
26	26	14 7, 15, or 18 of this Code, notwithstanding any other provision
27	27	15 of this Code to the contrary, but do not apply to any
28	28	16 self-managed plan established under this Code or to any
29	29	17 participant of the retirement plan established under Section
30	30	18 22-101; except that this Section applies to a person who
31	31	19 elected to establish alternative credits by electing in
32	32	20 writing after January 1, 2011, but before August 8, 2011,
33	33	21 under Section 7-145.1 of this Code. Notwithstanding anything
34	34	22 to the contrary in this Section, for purposes of this Section,
35	35	23 a person who is a Tier 1 regular employee as defined in Section
36	36
37	37
38	38
39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3708 Introduced 2/9/2024, by Sen. Christopher Belt SYNOPSIS AS INTRODUCED:
40	40	40 ILCS 5/1-16040 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.1 40 ILCS 5/1-160 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1
41	41	40 ILCS 5/1-160
42	42	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
43	43	40 ILCS 5/14-152.1
44	44	Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that, with regard to persons subject to the Tier 2 provisions, a security employee of the Department of Human Services, a security employee of the Department of Corrections or the Department of Juvenile Justice, or an investigator for the Department of the Lottery is entitled to an annuity calculated under the alternative retirement annuity provisions, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, regardless of whether the attainment of age 55 occurs while the person is still in service. Authorizes an investigator for the Department of the Lottery to establish eligible creditable service under the alternative retirement annuity provisions. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 13 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services into eligible creditable service by filing a written election with the Board, accompanied by a specified payment. Provides that a specified educational requirement for persons employed by the Department of Juvenile Justice shall no longer determine the eligibility to earn eligible creditable service under the alternative retirement annuity provisions, and authorizes the conversion of service credit to eligible creditable service. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective January 1, 2025.
45	45	LRB103 39486 RPS 69682 b LRB103 39486 RPS 69682 b
46	46	LRB103 39486 RPS 69682 b
47	47	A BILL FOR
48	48
49	49
50	50
51	51
52	52
53	53	40 ILCS 5/1-160
54	54	40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
55	55	40 ILCS 5/14-152.1
56	56
57	57
58	58
59	59	LRB103 39486 RPS 69682 b
60	60
61	61
62	62
63	63
64	64
65	65
66	66
67	67
68	68
69	69	SB3708 LRB103 39486 RPS 69682 b
70	70
71	71
72	72	SB3708- 2 -LRB103 39486 RPS 69682 b SB3708 - 2 - LRB103 39486 RPS 69682 b
73	73	SB3708 - 2 - LRB103 39486 RPS 69682 b
74	74	1 7-109.4 of this Code or who participated in a retirement
75	75	2 system under Article 15 prior to January 1, 2011 shall be
76	76	3 deemed a person who first became a member or participant prior
77	77	4 to January 1, 2011 under any retirement system or pension fund
78	78	5 subject to this Section. The changes made to this Section by
79	79	6 Public Act 98-596 are a clarification of existing law and are
80	80	7 intended to be retroactive to January 1, 2011 (the effective
81	81	8 date of Public Act 96-889), notwithstanding the provisions of
82	82	9 Section 1-103.1 of this Code.
83	83	10 This Section does not apply to a person who first becomes a
84	84	11 noncovered employee under Article 14 on or after the
85	85	12 implementation date of the plan created under Section 1-161
86	86	13 for that Article, unless that person elects under subsection
87	87	14 (b) of Section 1-161 to instead receive the benefits provided
88	88	15 under this Section and the applicable provisions of that
89	89	16 Article.
90	90	17 This Section does not apply to a person who first becomes a
91	91	18 member or participant under Article 16 on or after the
92	92	19 implementation date of the plan created under Section 1-161
93	93	20 for that Article, unless that person elects under subsection
94	94	21 (b) of Section 1-161 to instead receive the benefits provided
95	95	22 under this Section and the applicable provisions of that
96	96	23 Article.
97	97	24 This Section does not apply to a person who elects under
98	98	25 subsection (c-5) of Section 1-161 to receive the benefits
99	99	26 under Section 1-161.
100	100
101	101
102	102
103	103
104	104
105	105	SB3708 - 2 - LRB103 39486 RPS 69682 b
106	106
107	107
108	108	SB3708- 3 -LRB103 39486 RPS 69682 b SB3708 - 3 - LRB103 39486 RPS 69682 b
109	109	SB3708 - 3 - LRB103 39486 RPS 69682 b
110	110	1 This Section does not apply to a person who first becomes a
111	111	2 member or participant of an affected pension fund on or after 6
112	112	3 months after the resolution or ordinance date, as defined in
113	113	4 Section 1-162, unless that person elects under subsection (c)
114	114	5 of Section 1-162 to receive the benefits provided under this
115	115	6 Section and the applicable provisions of the Article under
116	116	7 which he or she is a member or participant.
117	117	8 (b) "Final average salary" means, except as otherwise
118	118	9 provided in this subsection, the average monthly (or annual)
119	119	10 salary obtained by dividing the total salary or earnings
120	120	11 calculated under the Article applicable to the member or
121	121	12 participant during the 96 consecutive months (or 8 consecutive
122	122	13 years) of service within the last 120 months (or 10 years) of
123	123	14 service in which the total salary or earnings calculated under
124	124	15 the applicable Article was the highest by the number of months
125	125	16 (or years) of service in that period. For the purposes of a
126	126	17 person who first becomes a member or participant of any
127	127	18 retirement system or pension fund to which this Section
128	128	19 applies on or after January 1, 2011, in this Code, "final
129	129	20 average salary" shall be substituted for the following:
130	130	21 (1) (Blank).
131	131	22 (2) In Articles 8, 9, 10, 11, and 12, "highest average
132	132	23 annual salary for any 4 consecutive years within the last
133	133	24 10 years of service immediately preceding the date of
134	134	25 withdrawal".
135	135	26 (3) In Article 13, "average final salary".
136	136
137	137
138	138
139	139
140	140
141	141	SB3708 - 3 - LRB103 39486 RPS 69682 b
142	142
143	143
144	144	SB3708- 4 -LRB103 39486 RPS 69682 b SB3708 - 4 - LRB103 39486 RPS 69682 b
145	145	SB3708 - 4 - LRB103 39486 RPS 69682 b
146	146	1 (4) In Article 14, "final average compensation".
147	147	2 (5) In Article 17, "average salary".
148	148	3 (6) In Section 22-207, "wages or salary received by
149	149	4 him at the date of retirement or discharge".
150	150	5 A member of the Teachers' Retirement System of the State
151	151	6 of Illinois who retires on or after June 1, 2021 and for whom
152	152	7 the 2020-2021 school year is used in the calculation of the
153	153	8 member's final average salary shall use the higher of the
154	154	9 following for the purpose of determining the member's final
155	155	10 average salary:
156	156	11 (A) the amount otherwise calculated under the first
157	157	12 paragraph of this subsection; or
158	158	13 (B) an amount calculated by the Teachers' Retirement
159	159	14 System of the State of Illinois using the average of the
160	160	15 monthly (or annual) salary obtained by dividing the total
161	161	16 salary or earnings calculated under Article 16 applicable
162	162	17 to the member or participant during the 96 months (or 8
163	163	18 years) of service within the last 120 months (or 10 years)
164	164	19 of service in which the total salary or earnings
165	165	20 calculated under the Article was the highest by the number
166	166	21 of months (or years) of service in that period.
167	167	22 (b-5) Beginning on January 1, 2011, for all purposes under
168	168	23 this Code (including without limitation the calculation of
169	169	24 benefits and employee contributions), the annual earnings,
170	170	25 salary, or wages (based on the plan year) of a member or
171	171	26 participant to whom this Section applies shall not exceed
172	172
173	173
174	174
175	175
176	176
177	177	SB3708 - 4 - LRB103 39486 RPS 69682 b
178	178
179	179
180	180	SB3708- 5 -LRB103 39486 RPS 69682 b SB3708 - 5 - LRB103 39486 RPS 69682 b
181	181	SB3708 - 5 - LRB103 39486 RPS 69682 b
182	182	1 $106,800; however, that amount shall annually thereafter be
183	183	2 increased by the lesser of (i) 3% of that amount, including all
184	184	3 previous adjustments, or (ii) one-half the annual unadjusted
185	185	4 percentage increase (but not less than zero) in the consumer
186	186	5 price index-u for the 12 months ending with the September
187	187	6 preceding each November 1, including all previous adjustments.
188	188	7 For the purposes of this Section, "consumer price index-u"
189	189	8 means the index published by the Bureau of Labor Statistics of
190	190	9 the United States Department of Labor that measures the
191	191	10 average change in prices of goods and services purchased by
192	192	11 all urban consumers, United States city average, all items,
193	193	12 1982-84 = 100. The new amount resulting from each annual
194	194	13 adjustment shall be determined by the Public Pension Division
195	195	14 of the Department of Insurance and made available to the
196	196	15 boards of the retirement systems and pension funds by November
197	197	16 1 of each year.
198	198	17 (b-10) Beginning on January 1, 2024, for all purposes
199	199	18 under this Code (including, without limitation, the
200	200	19 calculation of benefits and employee contributions), the
201	201	20 annual earnings, salary, or wages (based on the plan year) of a
202	202	21 member or participant under Article 9 to whom this Section
203	203	22 applies shall include an annual earnings, salary, or wage cap
204	204	23 that tracks the Social Security wage base. Maximum annual
205	205	24 earnings, wages, or salary shall be the annual contribution
206	206	25 and benefit base established for the applicable year by the
207	207	26 Commissioner of the Social Security Administration under the
208	208
209	209
210	210
211	211
212	212
213	213	SB3708 - 5 - LRB103 39486 RPS 69682 b
214	214
215	215
216	216	SB3708- 6 -LRB103 39486 RPS 69682 b SB3708 - 6 - LRB103 39486 RPS 69682 b
217	217	SB3708 - 6 - LRB103 39486 RPS 69682 b
218	218	1 federal Social Security Act.
219	219	2 However, in no event shall the annual earnings, salary, or
220	220	3 wages for the purposes of this Article and Article 9 exceed any
221	221	4 limitation imposed on annual earnings, salary, or wages under
222	222	5 Section 1-117. Under no circumstances shall the maximum amount
223	223	6 of annual earnings, salary, or wages be greater than the
224	224	7 amount set forth in this subsection (b-10) as a result of
225	225	8 reciprocal service or any provisions regarding reciprocal
226	226	9 services, nor shall the Fund under Article 9 be required to pay
227	227	10 any refund as a result of the application of this maximum
228	228	11 annual earnings, salary, and wage cap.
229	229	12 Nothing in this subsection (b-10) shall cause or otherwise
230	230	13 result in any retroactive adjustment of any employee
231	231	14 contributions. Nothing in this subsection (b-10) shall cause
232	232	15 or otherwise result in any retroactive adjustment of
233	233	16 disability or other payments made between January 1, 2011 and
234	234	17 January 1, 2024.
235	235	18 (c) A member or participant is entitled to a retirement
236	236	19 annuity upon written application if he or she has attained age
237	237	20 67 (age 65, with respect to service under Article 12 that is
238	238	21 subject to this Section, for a member or participant under
239	239	22 Article 12 who first becomes a member or participant under
240	240	23 Article 12 on or after January 1, 2022 or who makes the
241	241	24 election under item (i) of subsection (d-15) of this Section)
242	242	25 and has at least 10 years of service credit and is otherwise
243	243	26 eligible under the requirements of the applicable Article.
244	244
245	245
246	246
247	247
248	248
249	249	SB3708 - 6 - LRB103 39486 RPS 69682 b
250	250
251	251
252	252	SB3708- 7 -LRB103 39486 RPS 69682 b SB3708 - 7 - LRB103 39486 RPS 69682 b
253	253	SB3708 - 7 - LRB103 39486 RPS 69682 b
254	254	1 A member or participant who has attained age 62 (age 60,
255	255	2 with respect to service under Article 12 that is subject to
256	256	3 this Section, for a member or participant under Article 12 who
257	257	4 first becomes a member or participant under Article 12 on or
258	258	5 after January 1, 2022 or who makes the election under item (i)
259	259	6 of subsection (d-15) of this Section) and has at least 10 years
260	260	7 of service credit and is otherwise eligible under the
261	261	8 requirements of the applicable Article may elect to receive
262	262	9 the lower retirement annuity provided in subsection (d) of
263	263	10 this Section.
264	264	11 (c-5) A person who first becomes a member or a participant
265	265	12 subject to this Section on or after July 6, 2017 (the effective
266	266	13 date of Public Act 100-23), notwithstanding any other
267	267	14 provision of this Code to the contrary, is entitled to a
268	268	15 retirement annuity under Article 8 or Article 11 upon written
269	269	16 application if he or she has attained age 65 and has at least
270	270	17 10 years of service credit and is otherwise eligible under the
271	271	18 requirements of Article 8 or Article 11 of this Code,
272	272	19 whichever is applicable.
273	273	20 (d) The retirement annuity of a member or participant who
274	274	21 is retiring after attaining age 62 (age 60, with respect to
275	275	22 service under Article 12 that is subject to this Section, for a
276	276	23 member or participant under Article 12 who first becomes a
277	277	24 member or participant under Article 12 on or after January 1,
278	278	25 2022 or who makes the election under item (i) of subsection
279	279	26 (d-15) of this Section) with at least 10 years of service
280	280
281	281
282	282
283	283
284	284
285	285	SB3708 - 7 - LRB103 39486 RPS 69682 b
286	286
287	287
288	288	SB3708- 8 -LRB103 39486 RPS 69682 b SB3708 - 8 - LRB103 39486 RPS 69682 b
289	289	SB3708 - 8 - LRB103 39486 RPS 69682 b
290	290	1 credit shall be reduced by one-half of 1% for each full month
291	291	2 that the member's age is under age 67 (age 65, with respect to
292	292	3 service under Article 12 that is subject to this Section, for a
293	293	4 member or participant under Article 12 who first becomes a
294	294	5 member or participant under Article 12 on or after January 1,
295	295	6 2022 or who makes the election under item (i) of subsection
296	296	7 (d-15) of this Section).
297	297	8 (d-5) The retirement annuity payable under Article 8 or
298	298	9 Article 11 to an eligible person subject to subsection (c-5)
299	299	10 of this Section who is retiring at age 60 with at least 10
300	300	11 years of service credit shall be reduced by one-half of 1% for
301	301	12 each full month that the member's age is under age 65.
302	302	13 (d-10) Each person who first became a member or
303	303	14 participant under Article 8 or Article 11 of this Code on or
304	304	15 after January 1, 2011 and prior to July 6, 2017 (the effective
305	305	16 date of Public Act 100-23) shall make an irrevocable election
306	306	17 either:
307	307	18 (i) to be eligible for the reduced retirement age
308	308	19 provided in subsections (c-5) and (d-5) of this Section,
309	309	20 the eligibility for which is conditioned upon the member
310	310	21 or participant agreeing to the increases in employee
311	311	22 contributions for age and service annuities provided in
312	312	23 subsection (a-5) of Section 8-174 of this Code (for
313	313	24 service under Article 8) or subsection (a-5) of Section
314	314	25 11-170 of this Code (for service under Article 11); or
315	315	26 (ii) to not agree to item (i) of this subsection
316	316
317	317
318	318
319	319
320	320
321	321	SB3708 - 8 - LRB103 39486 RPS 69682 b
322	322
323	323
324	324	SB3708- 9 -LRB103 39486 RPS 69682 b SB3708 - 9 - LRB103 39486 RPS 69682 b
325	325	SB3708 - 9 - LRB103 39486 RPS 69682 b
326	326	1 (d-10), in which case the member or participant shall
327	327	2 continue to be subject to the retirement age provisions in
328	328	3 subsections (c) and (d) of this Section and the employee
329	329	4 contributions for age and service annuity as provided in
330	330	5 subsection (a) of Section 8-174 of this Code (for service
331	331	6 under Article 8) or subsection (a) of Section 11-170 of
332	332	7 this Code (for service under Article 11).
333	333	8 The election provided for in this subsection shall be made
334	334	9 between October 1, 2017 and November 15, 2017. A person
335	335	10 subject to this subsection who makes the required election
336	336	11 shall remain bound by that election. A person subject to this
337	337	12 subsection who fails for any reason to make the required
338	338	13 election within the time specified in this subsection shall be
339	339	14 deemed to have made the election under item (ii).
340	340	15 (d-15) Each person who first becomes a member or
341	341	16 participant under Article 12 on or after January 1, 2011 and
342	342	17 prior to January 1, 2022 shall make an irrevocable election
343	343	18 either:
344	344	19 (i) to be eligible for the reduced retirement age
345	345	20 specified in subsections (c) and (d) of this Section, the
346	346	21 eligibility for which is conditioned upon the member or
347	347	22 participant agreeing to the increase in employee
348	348	23 contributions for service annuities specified in
349	349	24 subsection (b) of Section 12-150; or
350	350	25 (ii) to not agree to item (i) of this subsection
351	351	26 (d-15), in which case the member or participant shall not
352	352
353	353
354	354
355	355
356	356
357	357	SB3708 - 9 - LRB103 39486 RPS 69682 b
358	358
359	359
360	360	SB3708- 10 -LRB103 39486 RPS 69682 b SB3708 - 10 - LRB103 39486 RPS 69682 b
361	361	SB3708 - 10 - LRB103 39486 RPS 69682 b
362	362	1 be eligible for the reduced retirement age specified in
363	363	2 subsections (c) and (d) of this Section and shall not be
364	364	3 subject to the increase in employee contributions for
365	365	4 service annuities specified in subsection (b) of Section
366	366	5 12-150.
367	367	6 The election provided for in this subsection shall be made
368	368	7 between January 1, 2022 and April 1, 2022. A person subject to
369	369	8 this subsection who makes the required election shall remain
370	370	9 bound by that election. A person subject to this subsection
371	371	10 who fails for any reason to make the required election within
372	372	11 the time specified in this subsection shall be deemed to have
373	373	12 made the election under item (ii).
374	374	13 (e) Any retirement annuity or supplemental annuity shall
375	375	14 be subject to annual increases on the January 1 occurring
376	376	15 either on or after the attainment of age 67 (age 65, with
377	377	16 respect to service under Article 12 that is subject to this
378	378	17 Section, for a member or participant under Article 12 who
379	379	18 first becomes a member or participant under Article 12 on or
380	380	19 after January 1, 2022 or who makes the election under item (i)
381	381	20 of subsection (d-15); and beginning on July 6, 2017 (the
382	382	21 effective date of Public Act 100-23), age 65 with respect to
383	383	22 service under Article 8 or Article 11 for eligible persons
384	384	23 who: (i) are subject to subsection (c-5) of this Section; or
385	385	24 (ii) made the election under item (i) of subsection (d-10) of
386	386	25 this Section) or the first anniversary of the annuity start
387	387	26 date, whichever is later. Each annual increase shall be
388	388
389	389
390	390
391	391
392	392
393	393	SB3708 - 10 - LRB103 39486 RPS 69682 b
394	394
395	395
396	396	SB3708- 11 -LRB103 39486 RPS 69682 b SB3708 - 11 - LRB103 39486 RPS 69682 b
397	397	SB3708 - 11 - LRB103 39486 RPS 69682 b
398	398	1 calculated at 3% or one-half the annual unadjusted percentage
399	399	2 increase (but not less than zero) in the consumer price
400	400	3 index-u for the 12 months ending with the September preceding
401	401	4 each November 1, whichever is less, of the originally granted
402	402	5 retirement annuity. If the annual unadjusted percentage change
403	403	6 in the consumer price index-u for the 12 months ending with the
404	404	7 September preceding each November 1 is zero or there is a
405	405	8 decrease, then the annuity shall not be increased.
406	406	9 For the purposes of Section 1-103.1 of this Code, the
407	407	10 changes made to this Section by Public Act 102-263 are
408	408	11 applicable without regard to whether the employee was in
409	409	12 active service on or after August 6, 2021 (the effective date
410	410	13 of Public Act 102-263).
411	411	14 For the purposes of Section 1-103.1 of this Code, the
412	412	15 changes made to this Section by Public Act 100-23 are
413	413	16 applicable without regard to whether the employee was in
414	414	17 active service on or after July 6, 2017 (the effective date of
415	415	18 Public Act 100-23).
416	416	19 (f) The initial survivor's or widow's annuity of an
417	417	20 otherwise eligible survivor or widow of a retired member or
418	418	21 participant who first became a member or participant on or
419	419	22 after January 1, 2011 shall be in the amount of 66 2/3% of the
420	420	23 retired member's or participant's retirement annuity at the
421	421	24 date of death. In the case of the death of a member or
422	422	25 participant who has not retired and who first became a member
423	423	26 or participant on or after January 1, 2011, eligibility for a
424	424
425	425
426	426
427	427
428	428
429	429	SB3708 - 11 - LRB103 39486 RPS 69682 b
430	430
431	431
432	432	SB3708- 12 -LRB103 39486 RPS 69682 b SB3708 - 12 - LRB103 39486 RPS 69682 b
433	433	SB3708 - 12 - LRB103 39486 RPS 69682 b
434	434	1 survivor's or widow's annuity shall be determined by the
435	435	2 applicable Article of this Code. The initial benefit shall be
436	436	3 66 2/3% of the earned annuity without a reduction due to age. A
437	437	4 child's annuity of an otherwise eligible child shall be in the
438	438	5 amount prescribed under each Article if applicable. Any
439	439	6 survivor's or widow's annuity shall be increased (1) on each
440	440	7 January 1 occurring on or after the commencement of the
441	441	8 annuity if the deceased member died while receiving a
442	442	9 retirement annuity or (2) in other cases, on each January 1
443	443	10 occurring after the first anniversary of the commencement of
444	444	11 the annuity. Each annual increase shall be calculated at 3% or
445	445	12 one-half the annual unadjusted percentage increase (but not
446	446	13 less than zero) in the consumer price index-u for the 12 months
447	447	14 ending with the September preceding each November 1, whichever
448	448	15 is less, of the originally granted survivor's annuity. If the
449	449	16 annual unadjusted percentage change in the consumer price
450	450	17 index-u for the 12 months ending with the September preceding
451	451	18 each November 1 is zero or there is a decrease, then the
452	452	19 annuity shall not be increased.
453	453	20 (g) The benefits in Section 14-110 apply if the person is a
454	454	21 fire fighter in the fire protection service of a department, a
455	455	22 security employee of the Department of Corrections or the
456	456	23 Department of Juvenile Justice, or a security employee of the
457	457	24 Department of Innovation and Technology, as those terms are
458	458	25 defined in subsection (b) and subsection (c) of Section
459	459	26 14-110. A person who meets the requirements of this Section is
460	460
461	461
462	462
463	463
464	464
465	465	SB3708 - 12 - LRB103 39486 RPS 69682 b
466	466
467	467
468	468	SB3708- 13 -LRB103 39486 RPS 69682 b SB3708 - 13 - LRB103 39486 RPS 69682 b
469	469	SB3708 - 13 - LRB103 39486 RPS 69682 b
470	470	1 entitled to an annuity calculated under the provisions of
471	471	2 Section 14-110, in lieu of the regular or minimum retirement
472	472	3 annuity, only if the person has withdrawn from service with
473	473	4 not less than 20 years of eligible creditable service and has
474	474	5 attained age 60, regardless of whether the attainment of age
475	475	6 60 occurs while the person is still in service.
476	476	7 (g-1) The benefits in Section 14-110 apply if the person
477	477	8 is a security employee of the Department of Human Services, a
478	478	9 security employee of the Department of Corrections or the
479	479	10 Department of Juvenile Justice, or an investigator for the
480	480	11 Department of the Lottery, as those terms are defined in
481	481	12 subsection (b) and subsection (c) of Section 14-110. A person
482	482	13 who meets the requirements of this Section is entitled to an
483	483	14 annuity calculated under the provisions of Section 14-110, in
484	484	15 lieu of the regular or minimum retirement annuity, only if the
485	485	16 person has withdrawn from service with not less than 20 years
486	486	17 of eligible creditable service and has attained age 55,
487	487	18 regardless of whether the attainment of age 55 occurs while
488	488	19 the person is still in service.
489	489	20 (g-5) The benefits in Section 14-110 apply if the person
490	490	21 is a State policeman, investigator for the Secretary of State,
491	491	22 conservation police officer, investigator for the Department
492	492	23 of Revenue or the Illinois Gaming Board, investigator for the
493	493	24 Office of the Attorney General, Commerce Commission police
494	494	25 officer, or arson investigator, as those terms are defined in
495	495	26 subsection (b) and subsection (c) of Section 14-110. A person
496	496
497	497
498	498
499	499
500	500
501	501	SB3708 - 13 - LRB103 39486 RPS 69682 b
502	502
503	503
504	504	SB3708- 14 -LRB103 39486 RPS 69682 b SB3708 - 14 - LRB103 39486 RPS 69682 b
505	505	SB3708 - 14 - LRB103 39486 RPS 69682 b
506	506	1 who meets the requirements of this Section is entitled to an
507	507	2 annuity calculated under the provisions of Section 14-110, in
508	508	3 lieu of the regular or minimum retirement annuity, only if the
509	509	4 person has withdrawn from service with not less than 20 years
510	510	5 of eligible creditable service and has attained age 55,
511	511	6 regardless of whether the attainment of age 55 occurs while
512	512	7 the person is still in service.
513	513	8 (h) If a person who first becomes a member or a participant
514	514	9 of a retirement system or pension fund subject to this Section
515	515	10 on or after January 1, 2011 is receiving a retirement annuity
516	516	11 or retirement pension under that system or fund and becomes a
517	517	12 member or participant under any other system or fund created
518	518	13 by this Code and is employed on a full-time basis, except for
519	519	14 those members or participants exempted from the provisions of
520	520	15 this Section under subsection (a) of this Section, then the
521	521	16 person's retirement annuity or retirement pension under that
522	522	17 system or fund shall be suspended during that employment. Upon
523	523	18 termination of that employment, the person's retirement
524	524	19 annuity or retirement pension payments shall resume and be
525	525	20 recalculated if recalculation is provided for under the
526	526	21 applicable Article of this Code.
527	527	22 If a person who first becomes a member of a retirement
528	528	23 system or pension fund subject to this Section on or after
529	529	24 January 1, 2012 and is receiving a retirement annuity or
530	530	25 retirement pension under that system or fund and accepts on a
531	531	26 contractual basis a position to provide services to a
532	532
533	533
534	534
535	535
536	536
537	537	SB3708 - 14 - LRB103 39486 RPS 69682 b
538	538
539	539
540	540	SB3708- 15 -LRB103 39486 RPS 69682 b SB3708 - 15 - LRB103 39486 RPS 69682 b
541	541	SB3708 - 15 - LRB103 39486 RPS 69682 b
542	542	1 governmental entity from which he or she has retired, then
543	543	2 that person's annuity or retirement pension earned as an
544	544	3 active employee of the employer shall be suspended during that
545	545	4 contractual service. A person receiving an annuity or
546	546	5 retirement pension under this Code shall notify the pension
547	547	6 fund or retirement system from which he or she is receiving an
548	548	7 annuity or retirement pension, as well as his or her
549	549	8 contractual employer, of his or her retirement status before
550	550	9 accepting contractual employment. A person who fails to submit
551	551	10 such notification shall be guilty of a Class A misdemeanor and
552	552	11 required to pay a fine of $1,000. Upon termination of that
553	553	12 contractual employment, the person's retirement annuity or
554	554	13 retirement pension payments shall resume and, if appropriate,
555	555	14 be recalculated under the applicable provisions of this Code.
556	556	15 (i) (Blank).
557	557	16 (j) In the case of a conflict between the provisions of
558	558	17 this Section and any other provision of this Code, the
559	559	18 provisions of this Section shall control.
560	560	19 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
561	561	20 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff.
562	562	21 5-6-22.)
563	563	22 (Text of Section from P.A. 102-813)
564	564	23 Sec. 1-160. Provisions applicable to new hires.
565	565	24 (a) The provisions of this Section apply to a person who,
566	566	25 on or after January 1, 2011, first becomes a member or a
567	567
568	568
569	569
570	570
571	571
572	572	SB3708 - 15 - LRB103 39486 RPS 69682 b
573	573
574	574
575	575	SB3708- 16 -LRB103 39486 RPS 69682 b SB3708 - 16 - LRB103 39486 RPS 69682 b
576	576	SB3708 - 16 - LRB103 39486 RPS 69682 b
577	577	1 participant under any reciprocal retirement system or pension
578	578	2 fund established under this Code, other than a retirement
579	579	3 system or pension fund established under Article 2, 3, 4, 5, 6,
580	580	4 7, 15, or 18 of this Code, notwithstanding any other provision
581	581	5 of this Code to the contrary, but do not apply to any
582	582	6 self-managed plan established under this Code or to any
583	583	7 participant of the retirement plan established under Section
584	584	8 22-101; except that this Section applies to a person who
585	585	9 elected to establish alternative credits by electing in
586	586	10 writing after January 1, 2011, but before August 8, 2011,
587	587	11 under Section 7-145.1 of this Code. Notwithstanding anything
588	588	12 to the contrary in this Section, for purposes of this Section,
589	589	13 a person who is a Tier 1 regular employee as defined in Section
590	590	14 7-109.4 of this Code or who participated in a retirement
591	591	15 system under Article 15 prior to January 1, 2011 shall be
592	592	16 deemed a person who first became a member or participant prior
593	593	17 to January 1, 2011 under any retirement system or pension fund
594	594	18 subject to this Section. The changes made to this Section by
595	595	19 Public Act 98-596 are a clarification of existing law and are
596	596	20 intended to be retroactive to January 1, 2011 (the effective
597	597	21 date of Public Act 96-889), notwithstanding the provisions of
598	598	22 Section 1-103.1 of this Code.
599	599	23 This Section does not apply to a person who first becomes a
600	600	24 noncovered employee under Article 14 on or after the
601	601	25 implementation date of the plan created under Section 1-161
602	602	26 for that Article, unless that person elects under subsection
603	603
604	604
605	605
606	606
607	607
608	608	SB3708 - 16 - LRB103 39486 RPS 69682 b
609	609
610	610
611	611	SB3708- 17 -LRB103 39486 RPS 69682 b SB3708 - 17 - LRB103 39486 RPS 69682 b
612	612	SB3708 - 17 - LRB103 39486 RPS 69682 b
613	613	1 (b) of Section 1-161 to instead receive the benefits provided
614	614	2 under this Section and the applicable provisions of that
615	615	3 Article.
616	616	4 This Section does not apply to a person who first becomes a
617	617	5 member or participant under Article 16 on or after the
618	618	6 implementation date of the plan created under Section 1-161
619	619	7 for that Article, unless that person elects under subsection
620	620	8 (b) of Section 1-161 to instead receive the benefits provided
621	621	9 under this Section and the applicable provisions of that
622	622	10 Article.
623	623	11 This Section does not apply to a person who elects under
624	624	12 subsection (c-5) of Section 1-161 to receive the benefits
625	625	13 under Section 1-161.
626	626	14 This Section does not apply to a person who first becomes a
627	627	15 member or participant of an affected pension fund on or after 6
628	628	16 months after the resolution or ordinance date, as defined in
629	629	17 Section 1-162, unless that person elects under subsection (c)
630	630	18 of Section 1-162 to receive the benefits provided under this
631	631	19 Section and the applicable provisions of the Article under
632	632	20 which he or she is a member or participant.
633	633	21 (b) "Final average salary" means, except as otherwise
634	634	22 provided in this subsection, the average monthly (or annual)
635	635	23 salary obtained by dividing the total salary or earnings
636	636	24 calculated under the Article applicable to the member or
637	637	25 participant during the 96 consecutive months (or 8 consecutive
638	638	26 years) of service within the last 120 months (or 10 years) of
639	639
640	640
641	641
642	642
643	643
644	644	SB3708 - 17 - LRB103 39486 RPS 69682 b
645	645
646	646
647	647	SB3708- 18 -LRB103 39486 RPS 69682 b SB3708 - 18 - LRB103 39486 RPS 69682 b
648	648	SB3708 - 18 - LRB103 39486 RPS 69682 b
649	649	1 service in which the total salary or earnings calculated under
650	650	2 the applicable Article was the highest by the number of months
651	651	3 (or years) of service in that period. For the purposes of a
652	652	4 person who first becomes a member or participant of any
653	653	5 retirement system or pension fund to which this Section
654	654	6 applies on or after January 1, 2011, in this Code, "final
655	655	7 average salary" shall be substituted for the following:
656	656	8 (1) (Blank).
657	657	9 (2) In Articles 8, 9, 10, 11, and 12, "highest average
658	658	10 annual salary for any 4 consecutive years within the last
659	659	11 10 years of service immediately preceding the date of
660	660	12 withdrawal".
661	661	13 (3) In Article 13, "average final salary".
662	662	14 (4) In Article 14, "final average compensation".
663	663	15 (5) In Article 17, "average salary".
664	664	16 (6) In Section 22-207, "wages or salary received by
665	665	17 him at the date of retirement or discharge".
666	666	18 A member of the Teachers' Retirement System of the State
667	667	19 of Illinois who retires on or after June 1, 2021 and for whom
668	668	20 the 2020-2021 school year is used in the calculation of the
669	669	21 member's final average salary shall use the higher of the
670	670	22 following for the purpose of determining the member's final
671	671	23 average salary:
672	672	24 (A) the amount otherwise calculated under the first
673	673	25 paragraph of this subsection; or
674	674	26 (B) an amount calculated by the Teachers' Retirement
675	675
676	676
677	677
678	678
679	679
680	680	SB3708 - 18 - LRB103 39486 RPS 69682 b
681	681
682	682
683	683	SB3708- 19 -LRB103 39486 RPS 69682 b SB3708 - 19 - LRB103 39486 RPS 69682 b
684	684	SB3708 - 19 - LRB103 39486 RPS 69682 b
685	685	1 System of the State of Illinois using the average of the
686	686	2 monthly (or annual) salary obtained by dividing the total
687	687	3 salary or earnings calculated under Article 16 applicable
688	688	4 to the member or participant during the 96 months (or 8
689	689	5 years) of service within the last 120 months (or 10 years)
690	690	6 of service in which the total salary or earnings
691	691	7 calculated under the Article was the highest by the number
692	692	8 of months (or years) of service in that period.
693	693	9 (b-5) Beginning on January 1, 2011, for all purposes under
694	694	10 this Code (including without limitation the calculation of
695	695	11 benefits and employee contributions), the annual earnings,
696	696	12 salary, or wages (based on the plan year) of a member or
697	697	13 participant to whom this Section applies shall not exceed
698	698	14 $106,800; however, that amount shall annually thereafter be
699	699	15 increased by the lesser of (i) 3% of that amount, including all
700	700	16 previous adjustments, or (ii) one-half the annual unadjusted
701	701	17 percentage increase (but not less than zero) in the consumer
702	702	18 price index-u for the 12 months ending with the September
703	703	19 preceding each November 1, including all previous adjustments.
704	704	20 For the purposes of this Section, "consumer price index-u"
705	705	21 means the index published by the Bureau of Labor Statistics of
706	706	22 the United States Department of Labor that measures the
707	707	23 average change in prices of goods and services purchased by
708	708	24 all urban consumers, United States city average, all items,
709	709	25 1982-84 = 100. The new amount resulting from each annual
710	710	26 adjustment shall be determined by the Public Pension Division
711	711
712	712
713	713
714	714
715	715
716	716	SB3708 - 19 - LRB103 39486 RPS 69682 b
717	717
718	718
719	719	SB3708- 20 -LRB103 39486 RPS 69682 b SB3708 - 20 - LRB103 39486 RPS 69682 b
720	720	SB3708 - 20 - LRB103 39486 RPS 69682 b
721	721	1 of the Department of Insurance and made available to the
722	722	2 boards of the retirement systems and pension funds by November
723	723	3 1 of each year.
724	724	4 (b-10) Beginning on January 1, 2024, for all purposes
725	725	5 under this Code (including, without limitation, the
726	726	6 calculation of benefits and employee contributions), the
727	727	7 annual earnings, salary, or wages (based on the plan year) of a
728	728	8 member or participant under Article 9 to whom this Section
729	729	9 applies shall include an annual earnings, salary, or wage cap
730	730	10 that tracks the Social Security wage base. Maximum annual
731	731	11 earnings, wages, or salary shall be the annual contribution
732	732	12 and benefit base established for the applicable year by the
733	733	13 Commissioner of the Social Security Administration under the
734	734	14 federal Social Security Act.
735	735	15 However, in no event shall the annual earnings, salary, or
736	736	16 wages for the purposes of this Article and Article 9 exceed any
737	737	17 limitation imposed on annual earnings, salary, or wages under
738	738	18 Section 1-117. Under no circumstances shall the maximum amount
739	739	19 of annual earnings, salary, or wages be greater than the
740	740	20 amount set forth in this subsection (b-10) as a result of
741	741	21 reciprocal service or any provisions regarding reciprocal
742	742	22 services, nor shall the Fund under Article 9 be required to pay
743	743	23 any refund as a result of the application of this maximum
744	744	24 annual earnings, salary, and wage cap.
745	745	25 Nothing in this subsection (b-10) shall cause or otherwise
746	746	26 result in any retroactive adjustment of any employee
747	747
748	748
749	749
750	750
751	751
752	752	SB3708 - 20 - LRB103 39486 RPS 69682 b
753	753
754	754
755	755	SB3708- 21 -LRB103 39486 RPS 69682 b SB3708 - 21 - LRB103 39486 RPS 69682 b
756	756	SB3708 - 21 - LRB103 39486 RPS 69682 b
757	757	1 contributions. Nothing in this subsection (b-10) shall cause
758	758	2 or otherwise result in any retroactive adjustment of
759	759	3 disability or other payments made between January 1, 2011 and
760	760	4 January 1, 2024.
761	761	5 (c) A member or participant is entitled to a retirement
762	762	6 annuity upon written application if he or she has attained age
763	763	7 67 (age 65, with respect to service under Article 12 that is
764	764	8 subject to this Section, for a member or participant under
765	765	9 Article 12 who first becomes a member or participant under
766	766	10 Article 12 on or after January 1, 2022 or who makes the
767	767	11 election under item (i) of subsection (d-15) of this Section)
768	768	12 and has at least 10 years of service credit and is otherwise
769	769	13 eligible under the requirements of the applicable Article.
770	770	14 A member or participant who has attained age 62 (age 60,
771	771	15 with respect to service under Article 12 that is subject to
772	772	16 this Section, for a member or participant under Article 12 who
773	773	17 first becomes a member or participant under Article 12 on or
774	774	18 after January 1, 2022 or who makes the election under item (i)
775	775	19 of subsection (d-15) of this Section) and has at least 10 years
776	776	20 of service credit and is otherwise eligible under the
777	777	21 requirements of the applicable Article may elect to receive
778	778	22 the lower retirement annuity provided in subsection (d) of
779	779	23 this Section.
780	780	24 (c-5) A person who first becomes a member or a participant
781	781	25 subject to this Section on or after July 6, 2017 (the effective
782	782	26 date of Public Act 100-23), notwithstanding any other
783	783
784	784
785	785
786	786
787	787
788	788	SB3708 - 21 - LRB103 39486 RPS 69682 b
789	789
790	790
791	791	SB3708- 22 -LRB103 39486 RPS 69682 b SB3708 - 22 - LRB103 39486 RPS 69682 b
792	792	SB3708 - 22 - LRB103 39486 RPS 69682 b
793	793	1 provision of this Code to the contrary, is entitled to a
794	794	2 retirement annuity under Article 8 or Article 11 upon written
795	795	3 application if he or she has attained age 65 and has at least
796	796	4 10 years of service credit and is otherwise eligible under the
797	797	5 requirements of Article 8 or Article 11 of this Code,
798	798	6 whichever is applicable.
799	799	7 (d) The retirement annuity of a member or participant who
800	800	8 is retiring after attaining age 62 (age 60, with respect to
801	801	9 service under Article 12 that is subject to this Section, for a
802	802	10 member or participant under Article 12 who first becomes a
803	803	11 member or participant under Article 12 on or after January 1,
804	804	12 2022 or who makes the election under item (i) of subsection
805	805	13 (d-15) of this Section) with at least 10 years of service
806	806	14 credit shall be reduced by one-half of 1% for each full month
807	807	15 that the member's age is under age 67 (age 65, with respect to
808	808	16 service under Article 12 that is subject to this Section, for a
809	809	17 member or participant under Article 12 who first becomes a
810	810	18 member or participant under Article 12 on or after January 1,
811	811	19 2022 or who makes the election under item (i) of subsection
812	812	20 (d-15) of this Section).
813	813	21 (d-5) The retirement annuity payable under Article 8 or
814	814	22 Article 11 to an eligible person subject to subsection (c-5)
815	815	23 of this Section who is retiring at age 60 with at least 10
816	816	24 years of service credit shall be reduced by one-half of 1% for
817	817	25 each full month that the member's age is under age 65.
818	818	26 (d-10) Each person who first became a member or
819	819
820	820
821	821
822	822
823	823
824	824	SB3708 - 22 - LRB103 39486 RPS 69682 b
825	825
826	826
827	827	SB3708- 23 -LRB103 39486 RPS 69682 b SB3708 - 23 - LRB103 39486 RPS 69682 b
828	828	SB3708 - 23 - LRB103 39486 RPS 69682 b
829	829	1 participant under Article 8 or Article 11 of this Code on or
830	830	2 after January 1, 2011 and prior to July 6, 2017 (the effective
831	831	3 date of Public Act 100-23) shall make an irrevocable election
832	832	4 either:
833	833	5 (i) to be eligible for the reduced retirement age
834	834	6 provided in subsections (c-5) and (d-5) of this Section,
835	835	7 the eligibility for which is conditioned upon the member
836	836	8 or participant agreeing to the increases in employee
837	837	9 contributions for age and service annuities provided in
838	838	10 subsection (a-5) of Section 8-174 of this Code (for
839	839	11 service under Article 8) or subsection (a-5) of Section
840	840	12 11-170 of this Code (for service under Article 11); or
841	841	13 (ii) to not agree to item (i) of this subsection
842	842	14 (d-10), in which case the member or participant shall
843	843	15 continue to be subject to the retirement age provisions in
844	844	16 subsections (c) and (d) of this Section and the employee
845	845	17 contributions for age and service annuity as provided in
846	846	18 subsection (a) of Section 8-174 of this Code (for service
847	847	19 under Article 8) or subsection (a) of Section 11-170 of
848	848	20 this Code (for service under Article 11).
849	849	21 The election provided for in this subsection shall be made
850	850	22 between October 1, 2017 and November 15, 2017. A person
851	851	23 subject to this subsection who makes the required election
852	852	24 shall remain bound by that election. A person subject to this
853	853	25 subsection who fails for any reason to make the required
854	854	26 election within the time specified in this subsection shall be
855	855
856	856
857	857
858	858
859	859
860	860	SB3708 - 23 - LRB103 39486 RPS 69682 b
861	861
862	862
863	863	SB3708- 24 -LRB103 39486 RPS 69682 b SB3708 - 24 - LRB103 39486 RPS 69682 b
864	864	SB3708 - 24 - LRB103 39486 RPS 69682 b
865	865	1 deemed to have made the election under item (ii).
866	866	2 (d-15) Each person who first becomes a member or
867	867	3 participant under Article 12 on or after January 1, 2011 and
868	868	4 prior to January 1, 2022 shall make an irrevocable election
869	869	5 either:
870	870	6 (i) to be eligible for the reduced retirement age
871	871	7 specified in subsections (c) and (d) of this Section, the
872	872	8 eligibility for which is conditioned upon the member or
873	873	9 participant agreeing to the increase in employee
874	874	10 contributions for service annuities specified in
875	875	11 subsection (b) of Section 12-150; or
876	876	12 (ii) to not agree to item (i) of this subsection
877	877	13 (d-15), in which case the member or participant shall not
878	878	14 be eligible for the reduced retirement age specified in
879	879	15 subsections (c) and (d) of this Section and shall not be
880	880	16 subject to the increase in employee contributions for
881	881	17 service annuities specified in subsection (b) of Section
882	882	18 12-150.
883	883	19 The election provided for in this subsection shall be made
884	884	20 between January 1, 2022 and April 1, 2022. A person subject to
885	885	21 this subsection who makes the required election shall remain
886	886	22 bound by that election. A person subject to this subsection
887	887	23 who fails for any reason to make the required election within
888	888	24 the time specified in this subsection shall be deemed to have
889	889	25 made the election under item (ii).
890	890	26 (e) Any retirement annuity or supplemental annuity shall
891	891
892	892
893	893
894	894
895	895
896	896	SB3708 - 24 - LRB103 39486 RPS 69682 b
897	897
898	898
899	899	SB3708- 25 -LRB103 39486 RPS 69682 b SB3708 - 25 - LRB103 39486 RPS 69682 b
900	900	SB3708 - 25 - LRB103 39486 RPS 69682 b
901	901	1 be subject to annual increases on the January 1 occurring
902	902	2 either on or after the attainment of age 67 (age 65, with
903	903	3 respect to service under Article 12 that is subject to this
904	904	4 Section, for a member or participant under Article 12 who
905	905	5 first becomes a member or participant under Article 12 on or
906	906	6 after January 1, 2022 or who makes the election under item (i)
907	907	7 of subsection (d-15); and beginning on July 6, 2017 (the
908	908	8 effective date of Public Act 100-23), age 65 with respect to
909	909	9 service under Article 8 or Article 11 for eligible persons
910	910	10 who: (i) are subject to subsection (c-5) of this Section; or
911	911	11 (ii) made the election under item (i) of subsection (d-10) of
912	912	12 this Section) or the first anniversary of the annuity start
913	913	13 date, whichever is later. Each annual increase shall be
914	914	14 calculated at 3% or one-half the annual unadjusted percentage
915	915	15 increase (but not less than zero) in the consumer price
916	916	16 index-u for the 12 months ending with the September preceding
917	917	17 each November 1, whichever is less, of the originally granted
918	918	18 retirement annuity. If the annual unadjusted percentage change
919	919	19 in the consumer price index-u for the 12 months ending with the
920	920	20 September preceding each November 1 is zero or there is a
921	921	21 decrease, then the annuity shall not be increased.
922	922	22 For the purposes of Section 1-103.1 of this Code, the
923	923	23 changes made to this Section by Public Act 102-263 are
924	924	24 applicable without regard to whether the employee was in
925	925	25 active service on or after August 6, 2021 (the effective date
926	926	26 of Public Act 102-263).
927	927
928	928
929	929
930	930
931	931
932	932	SB3708 - 25 - LRB103 39486 RPS 69682 b
933	933
934	934
935	935	SB3708- 26 -LRB103 39486 RPS 69682 b SB3708 - 26 - LRB103 39486 RPS 69682 b
936	936	SB3708 - 26 - LRB103 39486 RPS 69682 b
937	937	1 For the purposes of Section 1-103.1 of this Code, the
938	938	2 changes made to this Section by Public Act 100-23 are
939	939	3 applicable without regard to whether the employee was in
940	940	4 active service on or after July 6, 2017 (the effective date of
941	941	5 Public Act 100-23).
942	942	6 (f) The initial survivor's or widow's annuity of an
943	943	7 otherwise eligible survivor or widow of a retired member or
944	944	8 participant who first became a member or participant on or
945	945	9 after January 1, 2011 shall be in the amount of 66 2/3% of the
946	946	10 retired member's or participant's retirement annuity at the
947	947	11 date of death. In the case of the death of a member or
948	948	12 participant who has not retired and who first became a member
949	949	13 or participant on or after January 1, 2011, eligibility for a
950	950	14 survivor's or widow's annuity shall be determined by the
951	951	15 applicable Article of this Code. The initial benefit shall be
952	952	16 66 2/3% of the earned annuity without a reduction due to age. A
953	953	17 child's annuity of an otherwise eligible child shall be in the
954	954	18 amount prescribed under each Article if applicable. Any
955	955	19 survivor's or widow's annuity shall be increased (1) on each
956	956	20 January 1 occurring on or after the commencement of the
957	957	21 annuity if the deceased member died while receiving a
958	958	22 retirement annuity or (2) in other cases, on each January 1
959	959	23 occurring after the first anniversary of the commencement of
960	960	24 the annuity. Each annual increase shall be calculated at 3% or
961	961	25 one-half the annual unadjusted percentage increase (but not
962	962	26 less than zero) in the consumer price index-u for the 12 months
963	963
964	964
965	965
966	966
967	967
968	968	SB3708 - 26 - LRB103 39486 RPS 69682 b
969	969
970	970
971	971	SB3708- 27 -LRB103 39486 RPS 69682 b SB3708 - 27 - LRB103 39486 RPS 69682 b
972	972	SB3708 - 27 - LRB103 39486 RPS 69682 b
973	973	1 ending with the September preceding each November 1, whichever
974	974	2 is less, of the originally granted survivor's annuity. If the
975	975	3 annual unadjusted percentage change in the consumer price
976	976	4 index-u for the 12 months ending with the September preceding
977	977	5 each November 1 is zero or there is a decrease, then the
978	978	6 annuity shall not be increased.
979	979	7 (g) The benefits in Section 14-110 apply only if the
980	980	8 person is a State policeman, a fire fighter in the fire
981	981	9 protection service of a department, a conservation police
982	982	10 officer, an investigator for the Secretary of State, an arson
983	983	11 investigator, a Commerce Commission police officer,
984	984	12 investigator for the Department of Revenue or the Illinois
985	985	13 Gaming Board, a security employee of the Department of
986	986	14 Corrections or the Department of Juvenile Justice, or a
987	987	15 security employee of the Department of Innovation and
988	988	16 Technology, as those terms are defined in subsection (b) and
989	989	17 subsection (c) of Section 14-110. A person who meets the
990	990	18 requirements of this Section is entitled to an annuity
991	991	19 calculated under the provisions of Section 14-110, in lieu of
992	992	20 the regular or minimum retirement annuity, only if the person
993	993	21 has withdrawn from service with not less than 20 years of
994	994	22 eligible creditable service and has attained age 60,
995	995	23 regardless of whether the attainment of age 60 occurs while
996	996	24 the person is still in service.
997	997	25 (g-1) The benefits in Section 14-110 apply if the person
998	998	26 is a security employee of the Department of Human Services, a
999	999
1000	1000
1001	1001
1002	1002
1003	1003
1004	1004	SB3708 - 27 - LRB103 39486 RPS 69682 b
1005	1005
1006	1006
1007	1007	SB3708- 28 -LRB103 39486 RPS 69682 b SB3708 - 28 - LRB103 39486 RPS 69682 b
1008	1008	SB3708 - 28 - LRB103 39486 RPS 69682 b
1009	1009	1 security employee of the Department of Corrections or the
1010	1010	2 Department of Juvenile Justice, or an investigator for the
1011	1011	3 Department of the Lottery, as those terms are defined in
1012	1012	4 subsection (b) and subsection (c) of Section 14-110. A person
1013	1013	5 who meets the requirements of this Section is entitled to an
1014	1014	6 annuity calculated under the provisions of Section 14-110, in
1015	1015	7 lieu of the regular or minimum retirement annuity, only if the
1016	1016	8 person has withdrawn from service with not less than 20 years
1017	1017	9 of eligible creditable service and has attained age 55,
1018	1018	10 regardless of whether the attainment of age 55 occurs while
1019	1019	11 the person is still in service.
1020	1020	12 (h) If a person who first becomes a member or a participant
1021	1021	13 of a retirement system or pension fund subject to this Section
1022	1022	14 on or after January 1, 2011 is receiving a retirement annuity
1023	1023	15 or retirement pension under that system or fund and becomes a
1024	1024	16 member or participant under any other system or fund created
1025	1025	17 by this Code and is employed on a full-time basis, except for
1026	1026	18 those members or participants exempted from the provisions of
1027	1027	19 this Section under subsection (a) of this Section, then the
1028	1028	20 person's retirement annuity or retirement pension under that
1029	1029	21 system or fund shall be suspended during that employment. Upon
1030	1030	22 termination of that employment, the person's retirement
1031	1031	23 annuity or retirement pension payments shall resume and be
1032	1032	24 recalculated if recalculation is provided for under the
1033	1033	25 applicable Article of this Code.
1034	1034	26 If a person who first becomes a member of a retirement
1035	1035
1036	1036
1037	1037
1038	1038
1039	1039
1040	1040	SB3708 - 28 - LRB103 39486 RPS 69682 b
1041	1041
1042	1042
1043	1043	SB3708- 29 -LRB103 39486 RPS 69682 b SB3708 - 29 - LRB103 39486 RPS 69682 b
1044	1044	SB3708 - 29 - LRB103 39486 RPS 69682 b
1045	1045	1 system or pension fund subject to this Section on or after
1046	1046	2 January 1, 2012 and is receiving a retirement annuity or
1047	1047	3 retirement pension under that system or fund and accepts on a
1048	1048	4 contractual basis a position to provide services to a
1049	1049	5 governmental entity from which he or she has retired, then
1050	1050	6 that person's annuity or retirement pension earned as an
1051	1051	7 active employee of the employer shall be suspended during that
1052	1052	8 contractual service. A person receiving an annuity or
1053	1053	9 retirement pension under this Code shall notify the pension
1054	1054	10 fund or retirement system from which he or she is receiving an
1055	1055	11 annuity or retirement pension, as well as his or her
1056	1056	12 contractual employer, of his or her retirement status before
1057	1057	13 accepting contractual employment. A person who fails to submit
1058	1058	14 such notification shall be guilty of a Class A misdemeanor and
1059	1059	15 required to pay a fine of $1,000. Upon termination of that
1060	1060	16 contractual employment, the person's retirement annuity or
1061	1061	17 retirement pension payments shall resume and, if appropriate,
1062	1062	18 be recalculated under the applicable provisions of this Code.
1063	1063	19 (i) (Blank).
1064	1064	20 (j) In the case of a conflict between the provisions of
1065	1065	21 this Section and any other provision of this Code, the
1066	1066	22 provisions of this Section shall control.
1067	1067	23 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
1068	1068	24 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff.
1069	1069	25 5-13-22.)
1070	1070
1071	1071
1072	1072
1073	1073
1074	1074
1075	1075	SB3708 - 29 - LRB103 39486 RPS 69682 b
1076	1076
1077	1077
1078	1078	SB3708- 30 -LRB103 39486 RPS 69682 b SB3708 - 30 - LRB103 39486 RPS 69682 b
1079	1079	SB3708 - 30 - LRB103 39486 RPS 69682 b
1080	1080	1 (Text of Section from P.A. 102-956)
1081	1081	2 Sec. 1-160. Provisions applicable to new hires.
1082	1082	3 (a) The provisions of this Section apply to a person who,
1083	1083	4 on or after January 1, 2011, first becomes a member or a
1084	1084	5 participant under any reciprocal retirement system or pension
1085	1085	6 fund established under this Code, other than a retirement
1086	1086	7 system or pension fund established under Article 2, 3, 4, 5, 6,
1087	1087	8 7, 15, or 18 of this Code, notwithstanding any other provision
1088	1088	9 of this Code to the contrary, but do not apply to any
1089	1089	10 self-managed plan established under this Code or to any
1090	1090	11 participant of the retirement plan established under Section
1091	1091	12 22-101; except that this Section applies to a person who
1092	1092	13 elected to establish alternative credits by electing in
1093	1093	14 writing after January 1, 2011, but before August 8, 2011,
1094	1094	15 under Section 7-145.1 of this Code. Notwithstanding anything
1095	1095	16 to the contrary in this Section, for purposes of this Section,
1096	1096	17 a person who is a Tier 1 regular employee as defined in Section
1097	1097	18 7-109.4 of this Code or who participated in a retirement
1098	1098	19 system under Article 15 prior to January 1, 2011 shall be
1099	1099	20 deemed a person who first became a member or participant prior
1100	1100	21 to January 1, 2011 under any retirement system or pension fund
1101	1101	22 subject to this Section. The changes made to this Section by
1102	1102	23 Public Act 98-596 are a clarification of existing law and are
1103	1103	24 intended to be retroactive to January 1, 2011 (the effective
1104	1104	25 date of Public Act 96-889), notwithstanding the provisions of
1105	1105	26 Section 1-103.1 of this Code.
1106	1106
1107	1107
1108	1108
1109	1109
1110	1110
1111	1111	SB3708 - 30 - LRB103 39486 RPS 69682 b
1112	1112
1113	1113
1114	1114	SB3708- 31 -LRB103 39486 RPS 69682 b SB3708 - 31 - LRB103 39486 RPS 69682 b
1115	1115	SB3708 - 31 - LRB103 39486 RPS 69682 b
1116	1116	1 This Section does not apply to a person who first becomes a
1117	1117	2 noncovered employee under Article 14 on or after the
1118	1118	3 implementation date of the plan created under Section 1-161
1119	1119	4 for that Article, unless that person elects under subsection
1120	1120	5 (b) of Section 1-161 to instead receive the benefits provided
1121	1121	6 under this Section and the applicable provisions of that
1122	1122	7 Article.
1123	1123	8 This Section does not apply to a person who first becomes a
1124	1124	9 member or participant under Article 16 on or after the
1125	1125	10 implementation date of the plan created under Section 1-161
1126	1126	11 for that Article, unless that person elects under subsection
1127	1127	12 (b) of Section 1-161 to instead receive the benefits provided
1128	1128	13 under this Section and the applicable provisions of that
1129	1129	14 Article.
1130	1130	15 This Section does not apply to a person who elects under
1131	1131	16 subsection (c-5) of Section 1-161 to receive the benefits
1132	1132	17 under Section 1-161.
1133	1133	18 This Section does not apply to a person who first becomes a
1134	1134	19 member or participant of an affected pension fund on or after 6
1135	1135	20 months after the resolution or ordinance date, as defined in
1136	1136	21 Section 1-162, unless that person elects under subsection (c)
1137	1137	22 of Section 1-162 to receive the benefits provided under this
1138	1138	23 Section and the applicable provisions of the Article under
1139	1139	24 which he or she is a member or participant.
1140	1140	25 (b) "Final average salary" means, except as otherwise
1141	1141	26 provided in this subsection, the average monthly (or annual)
1142	1142
1143	1143
1144	1144
1145	1145
1146	1146
1147	1147	SB3708 - 31 - LRB103 39486 RPS 69682 b
1148	1148
1149	1149
1150	1150	SB3708- 32 -LRB103 39486 RPS 69682 b SB3708 - 32 - LRB103 39486 RPS 69682 b
1151	1151	SB3708 - 32 - LRB103 39486 RPS 69682 b
1152	1152	1 salary obtained by dividing the total salary or earnings
1153	1153	2 calculated under the Article applicable to the member or
1154	1154	3 participant during the 96 consecutive months (or 8 consecutive
1155	1155	4 years) of service within the last 120 months (or 10 years) of
1156	1156	5 service in which the total salary or earnings calculated under
1157	1157	6 the applicable Article was the highest by the number of months
1158	1158	7 (or years) of service in that period. For the purposes of a
1159	1159	8 person who first becomes a member or participant of any
1160	1160	9 retirement system or pension fund to which this Section
1161	1161	10 applies on or after January 1, 2011, in this Code, "final
1162	1162	11 average salary" shall be substituted for the following:
1163	1163	12 (1) (Blank).
1164	1164	13 (2) In Articles 8, 9, 10, 11, and 12, "highest average
1165	1165	14 annual salary for any 4 consecutive years within the last
1166	1166	15 10 years of service immediately preceding the date of
1167	1167	16 withdrawal".
1168	1168	17 (3) In Article 13, "average final salary".
1169	1169	18 (4) In Article 14, "final average compensation".
1170	1170	19 (5) In Article 17, "average salary".
1171	1171	20 (6) In Section 22-207, "wages or salary received by
1172	1172	21 him at the date of retirement or discharge".
1173	1173	22 A member of the Teachers' Retirement System of the State
1174	1174	23 of Illinois who retires on or after June 1, 2021 and for whom
1175	1175	24 the 2020-2021 school year is used in the calculation of the
1176	1176	25 member's final average salary shall use the higher of the
1177	1177	26 following for the purpose of determining the member's final
1178	1178
1179	1179
1180	1180
1181	1181
1182	1182
1183	1183	SB3708 - 32 - LRB103 39486 RPS 69682 b
1184	1184
1185	1185
1186	1186	SB3708- 33 -LRB103 39486 RPS 69682 b SB3708 - 33 - LRB103 39486 RPS 69682 b
1187	1187	SB3708 - 33 - LRB103 39486 RPS 69682 b
1188	1188	1 average salary:
1189	1189	2 (A) the amount otherwise calculated under the first
1190	1190	3 paragraph of this subsection; or
1191	1191	4 (B) an amount calculated by the Teachers' Retirement
1192	1192	5 System of the State of Illinois using the average of the
1193	1193	6 monthly (or annual) salary obtained by dividing the total
1194	1194	7 salary or earnings calculated under Article 16 applicable
1195	1195	8 to the member or participant during the 96 months (or 8
1196	1196	9 years) of service within the last 120 months (or 10 years)
1197	1197	10 of service in which the total salary or earnings
1198	1198	11 calculated under the Article was the highest by the number
1199	1199	12 of months (or years) of service in that period.
1200	1200	13 (b-5) Beginning on January 1, 2011, for all purposes under
1201	1201	14 this Code (including without limitation the calculation of
1202	1202	15 benefits and employee contributions), the annual earnings,
1203	1203	16 salary, or wages (based on the plan year) of a member or
1204	1204	17 participant to whom this Section applies shall not exceed
1205	1205	18 $106,800; however, that amount shall annually thereafter be
1206	1206	19 increased by the lesser of (i) 3% of that amount, including all
1207	1207	20 previous adjustments, or (ii) one-half the annual unadjusted
1208	1208	21 percentage increase (but not less than zero) in the consumer
1209	1209	22 price index-u for the 12 months ending with the September
1210	1210	23 preceding each November 1, including all previous adjustments.
1211	1211	24 For the purposes of this Section, "consumer price index-u"
1212	1212	25 means the index published by the Bureau of Labor Statistics of
1213	1213	26 the United States Department of Labor that measures the
1214	1214
1215	1215
1216	1216
1217	1217
1218	1218
1219	1219	SB3708 - 33 - LRB103 39486 RPS 69682 b
1220	1220
1221	1221
1222	1222	SB3708- 34 -LRB103 39486 RPS 69682 b SB3708 - 34 - LRB103 39486 RPS 69682 b
1223	1223	SB3708 - 34 - LRB103 39486 RPS 69682 b
1224	1224	1 average change in prices of goods and services purchased by
1225	1225	2 all urban consumers, United States city average, all items,
1226	1226	3 1982-84 = 100. The new amount resulting from each annual
1227	1227	4 adjustment shall be determined by the Public Pension Division
1228	1228	5 of the Department of Insurance and made available to the
1229	1229	6 boards of the retirement systems and pension funds by November
1230	1230	7 1 of each year.
1231	1231	8 (b-10) Beginning on January 1, 2024, for all purposes
1232	1232	9 under this Code (including, without limitation, the
1233	1233	10 calculation of benefits and employee contributions), the
1234	1234	11 annual earnings, salary, or wages (based on the plan year) of a
1235	1235	12 member or participant under Article 9 to whom this Section
1236	1236	13 applies shall include an annual earnings, salary, or wage cap
1237	1237	14 that tracks the Social Security wage base. Maximum annual
1238	1238	15 earnings, wages, or salary shall be the annual contribution
1239	1239	16 and benefit base established for the applicable year by the
1240	1240	17 Commissioner of the Social Security Administration under the
1241	1241	18 federal Social Security Act.
1242	1242	19 However, in no event shall the annual earnings, salary, or
1243	1243	20 wages for the purposes of this Article and Article 9 exceed any
1244	1244	21 limitation imposed on annual earnings, salary, or wages under
1245	1245	22 Section 1-117. Under no circumstances shall the maximum amount
1246	1246	23 of annual earnings, salary, or wages be greater than the
1247	1247	24 amount set forth in this subsection (b-10) as a result of
1248	1248	25 reciprocal service or any provisions regarding reciprocal
1249	1249	26 services, nor shall the Fund under Article 9 be required to pay
1250	1250
1251	1251
1252	1252
1253	1253
1254	1254
1255	1255	SB3708 - 34 - LRB103 39486 RPS 69682 b
1256	1256
1257	1257
1258	1258	SB3708- 35 -LRB103 39486 RPS 69682 b SB3708 - 35 - LRB103 39486 RPS 69682 b
1259	1259	SB3708 - 35 - LRB103 39486 RPS 69682 b
1260	1260	1 any refund as a result of the application of this maximum
1261	1261	2 annual earnings, salary, and wage cap.
1262	1262	3 Nothing in this subsection (b-10) shall cause or otherwise
1263	1263	4 result in any retroactive adjustment of any employee
1264	1264	5 contributions. Nothing in this subsection (b-10) shall cause
1265	1265	6 or otherwise result in any retroactive adjustment of
1266	1266	7 disability or other payments made between January 1, 2011 and
1267	1267	8 January 1, 2024.
1268	1268	9 (c) A member or participant is entitled to a retirement
1269	1269	10 annuity upon written application if he or she has attained age
1270	1270	11 67 (age 65, with respect to service under Article 12 that is
1271	1271	12 subject to this Section, for a member or participant under
1272	1272	13 Article 12 who first becomes a member or participant under
1273	1273	14 Article 12 on or after January 1, 2022 or who makes the
1274	1274	15 election under item (i) of subsection (d-15) of this Section)
1275	1275	16 and has at least 10 years of service credit and is otherwise
1276	1276	17 eligible under the requirements of the applicable Article.
1277	1277	18 A member or participant who has attained age 62 (age 60,
1278	1278	19 with respect to service under Article 12 that is subject to
1279	1279	20 this Section, for a member or participant under Article 12 who
1280	1280	21 first becomes a member or participant under Article 12 on or
1281	1281	22 after January 1, 2022 or who makes the election under item (i)
1282	1282	23 of subsection (d-15) of this Section) and has at least 10 years
1283	1283	24 of service credit and is otherwise eligible under the
1284	1284	25 requirements of the applicable Article may elect to receive
1285	1285	26 the lower retirement annuity provided in subsection (d) of
1286	1286
1287	1287
1288	1288
1289	1289
1290	1290
1291	1291	SB3708 - 35 - LRB103 39486 RPS 69682 b
1292	1292
1293	1293
1294	1294	SB3708- 36 -LRB103 39486 RPS 69682 b SB3708 - 36 - LRB103 39486 RPS 69682 b
1295	1295	SB3708 - 36 - LRB103 39486 RPS 69682 b
1296	1296	1 this Section.
1297	1297	2 (c-5) A person who first becomes a member or a participant
1298	1298	3 subject to this Section on or after July 6, 2017 (the effective
1299	1299	4 date of Public Act 100-23), notwithstanding any other
1300	1300	5 provision of this Code to the contrary, is entitled to a
1301	1301	6 retirement annuity under Article 8 or Article 11 upon written
1302	1302	7 application if he or she has attained age 65 and has at least
1303	1303	8 10 years of service credit and is otherwise eligible under the
1304	1304	9 requirements of Article 8 or Article 11 of this Code,
1305	1305	10 whichever is applicable.
1306	1306	11 (d) The retirement annuity of a member or participant who
1307	1307	12 is retiring after attaining age 62 (age 60, with respect to
1308	1308	13 service under Article 12 that is subject to this Section, for a
1309	1309	14 member or participant under Article 12 who first becomes a
1310	1310	15 member or participant under Article 12 on or after January 1,
1311	1311	16 2022 or who makes the election under item (i) of subsection
1312	1312	17 (d-15) of this Section) with at least 10 years of service
1313	1313	18 credit shall be reduced by one-half of 1% for each full month
1314	1314	19 that the member's age is under age 67 (age 65, with respect to
1315	1315	20 service under Article 12 that is subject to this Section, for a
1316	1316	21 member or participant under Article 12 who first becomes a
1317	1317	22 member or participant under Article 12 on or after January 1,
1318	1318	23 2022 or who makes the election under item (i) of subsection
1319	1319	24 (d-15) of this Section).
1320	1320	25 (d-5) The retirement annuity payable under Article 8 or
1321	1321	26 Article 11 to an eligible person subject to subsection (c-5)
1322	1322
1323	1323
1324	1324
1325	1325
1326	1326
1327	1327	SB3708 - 36 - LRB103 39486 RPS 69682 b
1328	1328
1329	1329
1330	1330	SB3708- 37 -LRB103 39486 RPS 69682 b SB3708 - 37 - LRB103 39486 RPS 69682 b
1331	1331	SB3708 - 37 - LRB103 39486 RPS 69682 b
1332	1332	1 of this Section who is retiring at age 60 with at least 10
1333	1333	2 years of service credit shall be reduced by one-half of 1% for
1334	1334	3 each full month that the member's age is under age 65.
1335	1335	4 (d-10) Each person who first became a member or
1336	1336	5 participant under Article 8 or Article 11 of this Code on or
1337	1337	6 after January 1, 2011 and prior to July 6, 2017 (the effective
1338	1338	7 date of Public Act 100-23) shall make an irrevocable election
1339	1339	8 either:
1340	1340	9 (i) to be eligible for the reduced retirement age
1341	1341	10 provided in subsections (c-5) and (d-5) of this Section,
1342	1342	11 the eligibility for which is conditioned upon the member
1343	1343	12 or participant agreeing to the increases in employee
1344	1344	13 contributions for age and service annuities provided in
1345	1345	14 subsection (a-5) of Section 8-174 of this Code (for
1346	1346	15 service under Article 8) or subsection (a-5) of Section
1347	1347	16 11-170 of this Code (for service under Article 11); or
1348	1348	17 (ii) to not agree to item (i) of this subsection
1349	1349	18 (d-10), in which case the member or participant shall
1350	1350	19 continue to be subject to the retirement age provisions in
1351	1351	20 subsections (c) and (d) of this Section and the employee
1352	1352	21 contributions for age and service annuity as provided in
1353	1353	22 subsection (a) of Section 8-174 of this Code (for service
1354	1354	23 under Article 8) or subsection (a) of Section 11-170 of
1355	1355	24 this Code (for service under Article 11).
1356	1356	25 The election provided for in this subsection shall be made
1357	1357	26 between October 1, 2017 and November 15, 2017. A person
1358	1358
1359	1359
1360	1360
1361	1361
1362	1362
1363	1363	SB3708 - 37 - LRB103 39486 RPS 69682 b
1364	1364
1365	1365
1366	1366	SB3708- 38 -LRB103 39486 RPS 69682 b SB3708 - 38 - LRB103 39486 RPS 69682 b
1367	1367	SB3708 - 38 - LRB103 39486 RPS 69682 b
1368	1368	1 subject to this subsection who makes the required election
1369	1369	2 shall remain bound by that election. A person subject to this
1370	1370	3 subsection who fails for any reason to make the required
1371	1371	4 election within the time specified in this subsection shall be
1372	1372	5 deemed to have made the election under item (ii).
1373	1373	6 (d-15) Each person who first becomes a member or
1374	1374	7 participant under Article 12 on or after January 1, 2011 and
1375	1375	8 prior to January 1, 2022 shall make an irrevocable election
1376	1376	9 either:
1377	1377	10 (i) to be eligible for the reduced retirement age
1378	1378	11 specified in subsections (c) and (d) of this Section, the
1379	1379	12 eligibility for which is conditioned upon the member or
1380	1380	13 participant agreeing to the increase in employee
1381	1381	14 contributions for service annuities specified in
1382	1382	15 subsection (b) of Section 12-150; or
1383	1383	16 (ii) to not agree to item (i) of this subsection
1384	1384	17 (d-15), in which case the member or participant shall not
1385	1385	18 be eligible for the reduced retirement age specified in
1386	1386	19 subsections (c) and (d) of this Section and shall not be
1387	1387	20 subject to the increase in employee contributions for
1388	1388	21 service annuities specified in subsection (b) of Section
1389	1389	22 12-150.
1390	1390	23 The election provided for in this subsection shall be made
1391	1391	24 between January 1, 2022 and April 1, 2022. A person subject to
1392	1392	25 this subsection who makes the required election shall remain
1393	1393	26 bound by that election. A person subject to this subsection
1394	1394
1395	1395
1396	1396
1397	1397
1398	1398
1399	1399	SB3708 - 38 - LRB103 39486 RPS 69682 b
1400	1400
1401	1401
1402	1402	SB3708- 39 -LRB103 39486 RPS 69682 b SB3708 - 39 - LRB103 39486 RPS 69682 b
1403	1403	SB3708 - 39 - LRB103 39486 RPS 69682 b
1404	1404	1 who fails for any reason to make the required election within
1405	1405	2 the time specified in this subsection shall be deemed to have
1406	1406	3 made the election under item (ii).
1407	1407	4 (e) Any retirement annuity or supplemental annuity shall
1408	1408	5 be subject to annual increases on the January 1 occurring
1409	1409	6 either on or after the attainment of age 67 (age 65, with
1410	1410	7 respect to service under Article 12 that is subject to this
1411	1411	8 Section, for a member or participant under Article 12 who
1412	1412	9 first becomes a member or participant under Article 12 on or
1413	1413	10 after January 1, 2022 or who makes the election under item (i)
1414	1414	11 of subsection (d-15); and beginning on July 6, 2017 (the
1415	1415	12 effective date of Public Act 100-23), age 65 with respect to
1416	1416	13 service under Article 8 or Article 11 for eligible persons
1417	1417	14 who: (i) are subject to subsection (c-5) of this Section; or
1418	1418	15 (ii) made the election under item (i) of subsection (d-10) of
1419	1419	16 this Section) or the first anniversary of the annuity start
1420	1420	17 date, whichever is later. Each annual increase shall be
1421	1421	18 calculated at 3% or one-half the annual unadjusted percentage
1422	1422	19 increase (but not less than zero) in the consumer price
1423	1423	20 index-u for the 12 months ending with the September preceding
1424	1424	21 each November 1, whichever is less, of the originally granted
1425	1425	22 retirement annuity. If the annual unadjusted percentage change
1426	1426	23 in the consumer price index-u for the 12 months ending with the
1427	1427	24 September preceding each November 1 is zero or there is a
1428	1428	25 decrease, then the annuity shall not be increased.
1429	1429	26 For the purposes of Section 1-103.1 of this Code, the
1430	1430
1431	1431
1432	1432
1433	1433
1434	1434
1435	1435	SB3708 - 39 - LRB103 39486 RPS 69682 b
1436	1436
1437	1437
1438	1438	SB3708- 40 -LRB103 39486 RPS 69682 b SB3708 - 40 - LRB103 39486 RPS 69682 b
1439	1439	SB3708 - 40 - LRB103 39486 RPS 69682 b
1440	1440	1 changes made to this Section by Public Act 102-263 are
1441	1441	2 applicable without regard to whether the employee was in
1442	1442	3 active service on or after August 6, 2021 (the effective date
1443	1443	4 of Public Act 102-263).
1444	1444	5 For the purposes of Section 1-103.1 of this Code, the
1445	1445	6 changes made to this Section by Public Act 100-23 are
1446	1446	7 applicable without regard to whether the employee was in
1447	1447	8 active service on or after July 6, 2017 (the effective date of
1448	1448	9 Public Act 100-23).
1449	1449	10 (f) The initial survivor's or widow's annuity of an
1450	1450	11 otherwise eligible survivor or widow of a retired member or
1451	1451	12 participant who first became a member or participant on or
1452	1452	13 after January 1, 2011 shall be in the amount of 66 2/3% of the
1453	1453	14 retired member's or participant's retirement annuity at the
1454	1454	15 date of death. In the case of the death of a member or
1455	1455	16 participant who has not retired and who first became a member
1456	1456	17 or participant on or after January 1, 2011, eligibility for a
1457	1457	18 survivor's or widow's annuity shall be determined by the
1458	1458	19 applicable Article of this Code. The initial benefit shall be
1459	1459	20 66 2/3% of the earned annuity without a reduction due to age. A
1460	1460	21 child's annuity of an otherwise eligible child shall be in the
1461	1461	22 amount prescribed under each Article if applicable. Any
1462	1462	23 survivor's or widow's annuity shall be increased (1) on each
1463	1463	24 January 1 occurring on or after the commencement of the
1464	1464	25 annuity if the deceased member died while receiving a
1465	1465	26 retirement annuity or (2) in other cases, on each January 1
1466	1466
1467	1467
1468	1468
1469	1469
1470	1470
1471	1471	SB3708 - 40 - LRB103 39486 RPS 69682 b
1472	1472
1473	1473
1474	1474	SB3708- 41 -LRB103 39486 RPS 69682 b SB3708 - 41 - LRB103 39486 RPS 69682 b
1475	1475	SB3708 - 41 - LRB103 39486 RPS 69682 b
1476	1476	1 occurring after the first anniversary of the commencement of
1477	1477	2 the annuity. Each annual increase shall be calculated at 3% or
1478	1478	3 one-half the annual unadjusted percentage increase (but not
1479	1479	4 less than zero) in the consumer price index-u for the 12 months
1480	1480	5 ending with the September preceding each November 1, whichever
1481	1481	6 is less, of the originally granted survivor's annuity. If the
1482	1482	7 annual unadjusted percentage change in the consumer price
1483	1483	8 index-u for the 12 months ending with the September preceding
1484	1484	9 each November 1 is zero or there is a decrease, then the
1485	1485	10 annuity shall not be increased.
1486	1486	11 (g) The benefits in Section 14-110 apply only if the
1487	1487	12 person is a State policeman, a fire fighter in the fire
1488	1488	13 protection service of a department, a conservation police
1489	1489	14 officer, an investigator for the Secretary of State, an
1490	1490	15 investigator for the Office of the Attorney General, an arson
1491	1491	16 investigator, a Commerce Commission police officer,
1492	1492	17 investigator for the Department of Revenue or the Illinois
1493	1493	18 Gaming Board, a security employee of the Department of
1494	1494	19 Corrections or the Department of Juvenile Justice, or a
1495	1495	20 security employee of the Department of Innovation and
1496	1496	21 Technology, as those terms are defined in subsection (b) and
1497	1497	22 subsection (c) of Section 14-110. A person who meets the
1498	1498	23 requirements of this Section is entitled to an annuity
1499	1499	24 calculated under the provisions of Section 14-110, in lieu of
1500	1500	25 the regular or minimum retirement annuity, only if the person
1501	1501	26 has withdrawn from service with not less than 20 years of
1502	1502
1503	1503
1504	1504
1505	1505
1506	1506
1507	1507	SB3708 - 41 - LRB103 39486 RPS 69682 b
1508	1508
1509	1509
1510	1510	SB3708- 42 -LRB103 39486 RPS 69682 b SB3708 - 42 - LRB103 39486 RPS 69682 b
1511	1511	SB3708 - 42 - LRB103 39486 RPS 69682 b
1512	1512	1 eligible creditable service and has attained age 60,
1513	1513	2 regardless of whether the attainment of age 60 occurs while
1514	1514	3 the person is still in service.
1515	1515	4 (g-1) The benefits in Section 14-110 apply if the person
1516	1516	5 is a security employee of the Department of Human Services, a
1517	1517	6 security employee of the Department of Corrections or the
1518	1518	7 Department of Juvenile Justice, or an investigator for the
1519	1519	8 Department of the Lottery, as those terms are defined in
1520	1520	9 subsection (b) and subsection (c) of Section 14-110. A person
1521	1521	10 who meets the requirements of this Section is entitled to an
1522	1522	11 annuity calculated under the provisions of Section 14-110, in
1523	1523	12 lieu of the regular or minimum retirement annuity, only if the
1524	1524	13 person has withdrawn from service with not less than 20 years
1525	1525	14 of eligible creditable service and has attained age 55,
1526	1526	15 regardless of whether the attainment of age 55 occurs while
1527	1527	16 the person is still in service.
1528	1528	17 (h) If a person who first becomes a member or a participant
1529	1529	18 of a retirement system or pension fund subject to this Section
1530	1530	19 on or after January 1, 2011 is receiving a retirement annuity
1531	1531	20 or retirement pension under that system or fund and becomes a
1532	1532	21 member or participant under any other system or fund created
1533	1533	22 by this Code and is employed on a full-time basis, except for
1534	1534	23 those members or participants exempted from the provisions of
1535	1535	24 this Section under subsection (a) of this Section, then the
1536	1536	25 person's retirement annuity or retirement pension under that
1537	1537	26 system or fund shall be suspended during that employment. Upon
1538	1538
1539	1539
1540	1540
1541	1541
1542	1542
1543	1543	SB3708 - 42 - LRB103 39486 RPS 69682 b
1544	1544
1545	1545
1546	1546	SB3708- 43 -LRB103 39486 RPS 69682 b SB3708 - 43 - LRB103 39486 RPS 69682 b
1547	1547	SB3708 - 43 - LRB103 39486 RPS 69682 b
1548	1548	1 termination of that employment, the person's retirement
1549	1549	2 annuity or retirement pension payments shall resume and be
1550	1550	3 recalculated if recalculation is provided for under the
1551	1551	4 applicable Article of this Code.
1552	1552	5 If a person who first becomes a member of a retirement
1553	1553	6 system or pension fund subject to this Section on or after
1554	1554	7 January 1, 2012 and is receiving a retirement annuity or
1555	1555	8 retirement pension under that system or fund and accepts on a
1556	1556	9 contractual basis a position to provide services to a
1557	1557	10 governmental entity from which he or she has retired, then
1558	1558	11 that person's annuity or retirement pension earned as an
1559	1559	12 active employee of the employer shall be suspended during that
1560	1560	13 contractual service. A person receiving an annuity or
1561	1561	14 retirement pension under this Code shall notify the pension
1562	1562	15 fund or retirement system from which he or she is receiving an
1563	1563	16 annuity or retirement pension, as well as his or her
1564	1564	17 contractual employer, of his or her retirement status before
1565	1565	18 accepting contractual employment. A person who fails to submit
1566	1566	19 such notification shall be guilty of a Class A misdemeanor and
1567	1567	20 required to pay a fine of $1,000. Upon termination of that
1568	1568	21 contractual employment, the person's retirement annuity or
1569	1569	22 retirement pension payments shall resume and, if appropriate,
1570	1570	23 be recalculated under the applicable provisions of this Code.
1571	1571	24 (i) (Blank).
1572	1572	25 (j) In the case of a conflict between the provisions of
1573	1573	26 this Section and any other provision of this Code, the
1574	1574
1575	1575
1576	1576
1577	1577
1578	1578
1579	1579	SB3708 - 43 - LRB103 39486 RPS 69682 b
1580	1580
1581	1581
1582	1582	SB3708- 44 -LRB103 39486 RPS 69682 b SB3708 - 44 - LRB103 39486 RPS 69682 b
1583	1583	SB3708 - 44 - LRB103 39486 RPS 69682 b
1584	1584	1 provisions of this Section shall control.
1585	1585	2 (Source: P.A. 102-16, eff. 6-17-21; 102-210, eff. 1-1-22;
1586	1586	3 102-263, eff. 8-6-21; 102-956, eff. 5-27-22; 103-529, eff.
1587	1587	4 8-11-23.)
1588	1588	5 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
1589	1589	6 (Text of Section from P.A. 102-813 and 103-34)
1590	1590	7 Sec. 14-110. Alternative retirement annuity.
1591	1591	8 (a) Any member who has withdrawn from service with not
1592	1592	9 less than 20 years of eligible creditable service and has
1593	1593	10 attained age 55, and any member who has withdrawn from service
1594	1594	11 with not less than 25 years of eligible creditable service and
1595	1595	12 has attained age 50, regardless of whether the attainment of
1596	1596	13 either of the specified ages occurs while the member is still
1597	1597	14 in service, shall be entitled to receive at the option of the
1598	1598	15 member, in lieu of the regular or minimum retirement annuity,
1599	1599	16 a retirement annuity computed as follows:
1600	1600	17 (i) for periods of service as a noncovered employee:
1601	1601	18 if retirement occurs on or after January 1, 2001, 3% of
1602	1602	19 final average compensation for each year of creditable
1603	1603	20 service; if retirement occurs before January 1, 2001, 2
1604	1604	21 1/4% of final average compensation for each of the first
1605	1605	22 10 years of creditable service, 2 1/2% for each year above
1606	1606	23 10 years to and including 20 years of creditable service,
1607	1607	24 and 2 3/4% for each year of creditable service above 20
1608	1608	25 years; and
1609	1609
1610	1610
1611	1611
1612	1612
1613	1613
1614	1614	SB3708 - 44 - LRB103 39486 RPS 69682 b
1615	1615
1616	1616
1617	1617	SB3708- 45 -LRB103 39486 RPS 69682 b SB3708 - 45 - LRB103 39486 RPS 69682 b
1618	1618	SB3708 - 45 - LRB103 39486 RPS 69682 b
1619	1619	1 (ii) for periods of eligible creditable service as a
1620	1620	2 covered employee: if retirement occurs on or after January
1621	1621	3 1, 2001, 2.5% of final average compensation for each year
1622	1622	4 of creditable service; if retirement occurs before January
1623	1623	5 1, 2001, 1.67% of final average compensation for each of
1624	1624	6 the first 10 years of such service, 1.90% for each of the
1625	1625	7 next 10 years of such service, 2.10% for each year of such
1626	1626	8 service in excess of 20 but not exceeding 30, and 2.30% for
1627	1627	9 each year in excess of 30.
1628	1628	10 Such annuity shall be subject to a maximum of 75% of final
1629	1629	11 average compensation if retirement occurs before January 1,
1630	1630	12 2001 or to a maximum of 80% of final average compensation if
1631	1631	13 retirement occurs on or after January 1, 2001.
1632	1632	14 These rates shall not be applicable to any service
1633	1633	15 performed by a member as a covered employee which is not
1634	1634	16 eligible creditable service. Service as a covered employee
1635	1635	17 which is not eligible creditable service shall be subject to
1636	1636	18 the rates and provisions of Section 14-108.
1637	1637	19 (b) For the purpose of this Section, "eligible creditable
1638	1638	20 service" means creditable service resulting from service in
1639	1639	21 one or more of the following positions:
1640	1640	22 (1) State policeman;
1641	1641	23 (2) fire fighter in the fire protection service of a
1642	1642	24 department;
1643	1643	25 (3) air pilot;
1644	1644	26 (4) special agent;
1645	1645
1646	1646
1647	1647
1648	1648
1649	1649
1650	1650	SB3708 - 45 - LRB103 39486 RPS 69682 b
1651	1651
1652	1652
1653	1653	SB3708- 46 -LRB103 39486 RPS 69682 b SB3708 - 46 - LRB103 39486 RPS 69682 b
1654	1654	SB3708 - 46 - LRB103 39486 RPS 69682 b
1655	1655	1 (5) investigator for the Secretary of State;
1656	1656	2 (6) conservation police officer;
1657	1657	3 (7) investigator for the Department of Revenue or the
1658	1658	4 Illinois Gaming Board;
1659	1659	5 (8) security employee of the Department of Human
1660	1660	6 Services;
1661	1661	7 (9) Central Management Services security police
1662	1662	8 officer;
1663	1663	9 (10) security employee of the Department of
1664	1664	10 Corrections or the Department of Juvenile Justice;
1665	1665	11 (11) dangerous drugs investigator;
1666	1666	12 (12) investigator for the Illinois State Police;
1667	1667	13 (13) investigator for the Office of the Attorney
1668	1668	14 General;
1669	1669	15 (14) controlled substance inspector;
1670	1670	16 (15) investigator for the Office of the State's
1671	1671	17 Attorneys Appellate Prosecutor;
1672	1672	18 (16) Commerce Commission police officer;
1673	1673	19 (17) arson investigator;
1674	1674	20 (18) State highway maintenance worker;
1675	1675	21 (19) security employee of the Department of Innovation
1676	1676	22 and Technology; or
1677	1677	23 (20) transferred employee; or .
1678	1678	24 (21) investigator for the Department of the Lottery.
1679	1679	25 A person employed in one of the positions specified in
1680	1680	26 this subsection is entitled to eligible creditable service for
1681	1681
1682	1682
1683	1683
1684	1684
1685	1685
1686	1686	SB3708 - 46 - LRB103 39486 RPS 69682 b
1687	1687
1688	1688
1689	1689	SB3708- 47 -LRB103 39486 RPS 69682 b SB3708 - 47 - LRB103 39486 RPS 69682 b
1690	1690	SB3708 - 47 - LRB103 39486 RPS 69682 b
1691	1691	1 service credit earned under this Article while undergoing the
1692	1692	2 basic police training course approved by the Illinois Law
1693	1693	3 Enforcement Training Standards Board, if completion of that
1694	1694	4 training is required of persons serving in that position. For
1695	1695	5 the purposes of this Code, service during the required basic
1696	1696	6 police training course shall be deemed performance of the
1697	1697	7 duties of the specified position, even though the person is
1698	1698	8 not a sworn peace officer at the time of the training.
1699	1699	9 A person under paragraph (20) is entitled to eligible
1700	1700	10 creditable service for service credit earned under this
1701	1701	11 Article on and after his or her transfer by Executive Order No.
1702	1702	12 2003-10, Executive Order No. 2004-2, or Executive Order No.
1703	1703	13 2016-1.
1704	1704	14 (c) For the purposes of this Section:
1705	1705	15 (1) The term "State policeman" includes any title or
1706	1706	16 position in the Illinois State Police that is held by an
1707	1707	17 individual employed under the Illinois State Police Act.
1708	1708	18 (2) The term "fire fighter in the fire protection
1709	1709	19 service of a department" includes all officers in such
1710	1710	20 fire protection service including fire chiefs and
1711	1711	21 assistant fire chiefs.
1712	1712	22 (3) The term "air pilot" includes any employee whose
1713	1713	23 official job description on file in the Department of
1714	1714	24 Central Management Services, or in the department by which
1715	1715	25 he is employed if that department is not covered by the
1716	1716	26 Personnel Code, states that his principal duty is the
1717	1717
1718	1718
1719	1719
1720	1720
1721	1721
1722	1722	SB3708 - 47 - LRB103 39486 RPS 69682 b
1723	1723
1724	1724
1725	1725	SB3708- 48 -LRB103 39486 RPS 69682 b SB3708 - 48 - LRB103 39486 RPS 69682 b
1726	1726	SB3708 - 48 - LRB103 39486 RPS 69682 b
1727	1727	1 operation of aircraft, and who possesses a pilot's
1728	1728	2 license; however, the change in this definition made by
1729	1729	3 Public Act 83-842 shall not operate to exclude any
1730	1730	4 noncovered employee who was an "air pilot" for the
1731	1731	5 purposes of this Section on January 1, 1984.
1732	1732	6 (4) The term "special agent" means any person who by
1733	1733	7 reason of employment by the Division of Narcotic Control,
1734	1734	8 the Bureau of Investigation or, after July 1, 1977, the
1735	1735	9 Division of Criminal Investigation, the Division of
1736	1736	10 Internal Investigation, the Division of Operations, the
1737	1737	11 Division of Patrol, or any other Division or
1738	1738	12 organizational entity in the Illinois State Police is
1739	1739	13 vested by law with duties to maintain public order,
1740	1740	14 investigate violations of the criminal law of this State,
1741	1741	15 enforce the laws of this State, make arrests and recover
1742	1742	16 property. The term "special agent" includes any title or
1743	1743	17 position in the Illinois State Police that is held by an
1744	1744	18 individual employed under the Illinois State Police Act.
1745	1745	19 (5) The term "investigator for the Secretary of State"
1746	1746	20 means any person employed by the Office of the Secretary
1747	1747	21 of State and vested with such investigative duties as
1748	1748	22 render him ineligible for coverage under the Social
1749	1749	23 Security Act by reason of Sections 218(d)(5)(A),
1750	1750	24 218(d)(8)(D) and 218(l)(1) of that Act.
1751	1751	25 A person who became employed as an investigator for
1752	1752	26 the Secretary of State between January 1, 1967 and
1753	1753
1754	1754
1755	1755
1756	1756
1757	1757
1758	1758	SB3708 - 48 - LRB103 39486 RPS 69682 b
1759	1759
1760	1760
1761	1761	SB3708- 49 -LRB103 39486 RPS 69682 b SB3708 - 49 - LRB103 39486 RPS 69682 b
1762	1762	SB3708 - 49 - LRB103 39486 RPS 69682 b
1763	1763	1 December 31, 1975, and who has served as such until
1764	1764	2 attainment of age 60, either continuously or with a single
1765	1765	3 break in service of not more than 3 years duration, which
1766	1766	4 break terminated before January 1, 1976, shall be entitled
1767	1767	5 to have his retirement annuity calculated in accordance
1768	1768	6 with subsection (a), notwithstanding that he has less than
1769	1769	7 20 years of credit for such service.
1770	1770	8 (6) The term "Conservation Police Officer" means any
1771	1771	9 person employed by the Division of Law Enforcement of the
1772	1772	10 Department of Natural Resources and vested with such law
1773	1773	11 enforcement duties as render him ineligible for coverage
1774	1774	12 under the Social Security Act by reason of Sections
1775	1775	13 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
1776	1776	14 term "Conservation Police Officer" includes the positions
1777	1777	15 of Chief Conservation Police Administrator and Assistant
1778	1778	16 Conservation Police Administrator.
1779	1779	17 (7) The term "investigator for the Department of
1780	1780	18 Revenue" means any person employed by the Department of
1781	1781	19 Revenue and vested with such investigative duties as
1782	1782	20 render him ineligible for coverage under the Social
1783	1783	21 Security Act by reason of Sections 218(d)(5)(A),
1784	1784	22 218(d)(8)(D) and 218(l)(1) of that Act.
1785	1785	23 The term "investigator for the Illinois Gaming Board"
1786	1786	24 means any person employed as such by the Illinois Gaming
1787	1787	25 Board and vested with such peace officer duties as render
1788	1788	26 the person ineligible for coverage under the Social
1789	1789
1790	1790
1791	1791
1792	1792
1793	1793
1794	1794	SB3708 - 49 - LRB103 39486 RPS 69682 b
1795	1795
1796	1796
1797	1797	SB3708- 50 -LRB103 39486 RPS 69682 b SB3708 - 50 - LRB103 39486 RPS 69682 b
1798	1798	SB3708 - 50 - LRB103 39486 RPS 69682 b
1799	1799	1 Security Act by reason of Sections 218(d)(5)(A),
1800	1800	2 218(d)(8)(D), and 218(l)(1) of that Act.
1801	1801	3 (8) The term "security employee of the Department of
1802	1802	4 Human Services" means any person employed by the
1803	1803	5 Department of Human Services who (i) is employed at the
1804	1804	6 Chester Mental Health Center and has daily contact with
1805	1805	7 the residents thereof, (ii) is employed within a security
1806	1806	8 unit at a facility operated by the Department and has
1807	1807	9 daily contact with the residents of the security unit,
1808	1808	10 (iii) is employed at a facility operated by the Department
1809	1809	11 that includes a security unit and is regularly scheduled
1810	1810	12 to work at least 50% of his or her working hours within
1811	1811	13 that security unit, or (iv) is a mental health police
1812	1812	14 officer. "Mental health police officer" means any person
1813	1813	15 employed by the Department of Human Services in a position
1814	1814	16 pertaining to the Department's mental health and
1815	1815	17 developmental disabilities functions who is vested with
1816	1816	18 such law enforcement duties as render the person
1817	1817	19 ineligible for coverage under the Social Security Act by
1818	1818	20 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
1819	1819	21 218(l)(1) of that Act. "Security unit" means that portion
1820	1820	22 of a facility that is devoted to the care, containment,
1821	1821	23 and treatment of persons committed to the Department of
1822	1822	24 Human Services as sexually violent persons, persons unfit
1823	1823	25 to stand trial, or persons not guilty by reason of
1824	1824	26 insanity. With respect to past employment, references to
1825	1825
1826	1826
1827	1827
1828	1828
1829	1829
1830	1830	SB3708 - 50 - LRB103 39486 RPS 69682 b
1831	1831
1832	1832
1833	1833	SB3708- 51 -LRB103 39486 RPS 69682 b SB3708 - 51 - LRB103 39486 RPS 69682 b
1834	1834	SB3708 - 51 - LRB103 39486 RPS 69682 b
1835	1835	1 the Department of Human Services include its predecessor,
1836	1836	2 the Department of Mental Health and Developmental
1837	1837	3 Disabilities.
1838	1838	4 The changes made to this subdivision (c)(8) by Public
1839	1839	5 Act 92-14 apply to persons who retire on or after January
1840	1840	6 1, 2001, notwithstanding Section 1-103.1.
1841	1841	7 (9) "Central Management Services security police
1842	1842	8 officer" means any person employed by the Department of
1843	1843	9 Central Management Services who is vested with such law
1844	1844	10 enforcement duties as render him ineligible for coverage
1845	1845	11 under the Social Security Act by reason of Sections
1846	1846	12 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
1847	1847	13 (10) For a member who first became an employee under
1848	1848	14 this Article before July 1, 2005, the term "security
1849	1849	15 employee of the Department of Corrections or the
1850	1850	16 Department of Juvenile Justice" means any employee of the
1851	1851	17 Department of Corrections or the Department of Juvenile
1852	1852	18 Justice or the former Department of Personnel, and any
1853	1853	19 member or employee of the Prisoner Review Board, who has
1854	1854	20 daily contact with inmates or youth by working within a
1855	1855	21 correctional facility or Juvenile facility operated by the
1856	1856	22 Department of Juvenile Justice or who is a parole officer
1857	1857	23 or an employee who has direct contact with committed
1858	1858	24 persons in the performance of his or her job duties. For a
1859	1859	25 member who first becomes an employee under this Article on
1860	1860	26 or after July 1, 2005, the term means an employee of the
1861	1861
1862	1862
1863	1863
1864	1864
1865	1865
1866	1866	SB3708 - 51 - LRB103 39486 RPS 69682 b
1867	1867
1868	1868
1869	1869	SB3708- 52 -LRB103 39486 RPS 69682 b SB3708 - 52 - LRB103 39486 RPS 69682 b
1870	1870	SB3708 - 52 - LRB103 39486 RPS 69682 b
1871	1871	1 Department of Corrections or the Department of Juvenile
1872	1872	2 Justice who is any of the following: (i) officially
1873	1873	3 headquartered at a correctional facility or Juvenile
1874	1874	4 facility operated by the Department of Juvenile Justice,
1875	1875	5 (ii) a parole officer, (iii) a member of the apprehension
1876	1876	6 unit, (iv) a member of the intelligence unit, (v) a member
1877	1877	7 of the sort team, or (vi) an investigator.
1878	1878	8 (11) The term "dangerous drugs investigator" means any
1879	1879	9 person who is employed as such by the Department of Human
1880	1880	10 Services.
1881	1881	11 (12) The term "investigator for the Illinois State
1882	1882	12 Police" means a person employed by the Illinois State
1883	1883	13 Police who is vested under Section 4 of the Narcotic
1884	1884	14 Control Division Abolition Act with such law enforcement
1885	1885	15 powers as render him ineligible for coverage under the
1886	1886	16 Social Security Act by reason of Sections 218(d)(5)(A),
1887	1887	17 218(d)(8)(D) and 218(l)(1) of that Act.
1888	1888	18 (13) "Investigator for the Office of the Attorney
1889	1889	19 General" means any person who is employed as such by the
1890	1890	20 Office of the Attorney General and is vested with such
1891	1891	21 investigative duties as render him ineligible for coverage
1892	1892	22 under the Social Security Act by reason of Sections
1893	1893	23 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
1894	1894	24 the period before January 1, 1989, the term includes all
1895	1895	25 persons who were employed as investigators by the Office
1896	1896	26 of the Attorney General, without regard to social security
1897	1897
1898	1898
1899	1899
1900	1900
1901	1901
1902	1902	SB3708 - 52 - LRB103 39486 RPS 69682 b
1903	1903
1904	1904
1905	1905	SB3708- 53 -LRB103 39486 RPS 69682 b SB3708 - 53 - LRB103 39486 RPS 69682 b
1906	1906	SB3708 - 53 - LRB103 39486 RPS 69682 b
1907	1907	1 status.
1908	1908	2 (14) "Controlled substance inspector" means any person
1909	1909	3 who is employed as such by the Department of Professional
1910	1910	4 Regulation and is vested with such law enforcement duties
1911	1911	5 as render him ineligible for coverage under the Social
1912	1912	6 Security Act by reason of Sections 218(d)(5)(A),
1913	1913	7 218(d)(8)(D) and 218(l)(1) of that Act. The term
1914	1914	8 "controlled substance inspector" includes the Program
1915	1915	9 Executive of Enforcement and the Assistant Program
1916	1916	10 Executive of Enforcement.
1917	1917	11 (15) The term "investigator for the Office of the
1918	1918	12 State's Attorneys Appellate Prosecutor" means a person
1919	1919	13 employed in that capacity on a full-time basis under the
1920	1920	14 authority of Section 7.06 of the State's Attorneys
1921	1921	15 Appellate Prosecutor's Act.
1922	1922	16 (16) "Commerce Commission police officer" means any
1923	1923	17 person employed by the Illinois Commerce Commission who is
1924	1924	18 vested with such law enforcement duties as render him
1925	1925	19 ineligible for coverage under the Social Security Act by
1926	1926	20 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
1927	1927	21 218(l)(1) of that Act.
1928	1928	22 (17) "Arson investigator" means any person who is
1929	1929	23 employed as such by the Office of the State Fire Marshal
1930	1930	24 and is vested with such law enforcement duties as render
1931	1931	25 the person ineligible for coverage under the Social
1932	1932	26 Security Act by reason of Sections 218(d)(5)(A),
1933	1933
1934	1934
1935	1935
1936	1936
1937	1937
1938	1938	SB3708 - 53 - LRB103 39486 RPS 69682 b
1939	1939
1940	1940
1941	1941	SB3708- 54 -LRB103 39486 RPS 69682 b SB3708 - 54 - LRB103 39486 RPS 69682 b
1942	1942	SB3708 - 54 - LRB103 39486 RPS 69682 b
1943	1943	1 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
1944	1944	2 employed as an arson investigator on January 1, 1995 and
1945	1945	3 is no longer in service but not yet receiving a retirement
1946	1946	4 annuity may convert his or her creditable service for
1947	1947	5 employment as an arson investigator into eligible
1948	1948	6 creditable service by paying to the System the difference
1949	1949	7 between the employee contributions actually paid for that
1950	1950	8 service and the amounts that would have been contributed
1951	1951	9 if the applicant were contributing at the rate applicable
1952	1952	10 to persons with the same social security status earning
1953	1953	11 eligible creditable service on the date of application.
1954	1954	12 (18) The term "State highway maintenance worker" means
1955	1955	13 a person who is either of the following:
1956	1956	14 (i) A person employed on a full-time basis by the
1957	1957	15 Illinois Department of Transportation in the position
1958	1958	16 of highway maintainer, highway maintenance lead
1959	1959	17 worker, highway maintenance lead/lead worker, heavy
1960	1960	18 construction equipment operator, power shovel
1961	1961	19 operator, or bridge mechanic; and whose principal
1962	1962	20 responsibility is to perform, on the roadway, the
1963	1963	21 actual maintenance necessary to keep the highways that
1964	1964	22 form a part of the State highway system in serviceable
1965	1965	23 condition for vehicular traffic.
1966	1966	24 (ii) A person employed on a full-time basis by the
1967	1967	25 Illinois State Toll Highway Authority in the position
1968	1968	26 of equipment operator/laborer H-4, equipment
1969	1969
1970	1970
1971	1971
1972	1972
1973	1973
1974	1974	SB3708 - 54 - LRB103 39486 RPS 69682 b
1975	1975
1976	1976
1977	1977	SB3708- 55 -LRB103 39486 RPS 69682 b SB3708 - 55 - LRB103 39486 RPS 69682 b
1978	1978	SB3708 - 55 - LRB103 39486 RPS 69682 b
1979	1979	1 operator/laborer H-6, welder H-4, welder H-6,
1980	1980	2 mechanical/electrical H-4, mechanical/electrical H-6,
1981	1981	3 water/sewer H-4, water/sewer H-6, sign maker/hanger
1982	1982	4 H-4, sign maker/hanger H-6, roadway lighting H-4,
1983	1983	5 roadway lighting H-6, structural H-4, structural H-6,
1984	1984	6 painter H-4, or painter H-6; and whose principal
1985	1985	7 responsibility is to perform, on the roadway, the
1986	1986	8 actual maintenance necessary to keep the Authority's
1987	1987	9 tollways in serviceable condition for vehicular
1988	1988	10 traffic.
1989	1989	11 (19) The term "security employee of the Department of
1990	1990	12 Innovation and Technology" means a person who was a
1991	1991	13 security employee of the Department of Corrections or the
1992	1992	14 Department of Juvenile Justice, was transferred to the
1993	1993	15 Department of Innovation and Technology pursuant to
1994	1994	16 Executive Order 2016-01, and continues to perform similar
1995	1995	17 job functions under that Department.
1996	1996	18 (20) "Transferred employee" means an employee who was
1997	1997	19 transferred to the Department of Central Management
1998	1998	20 Services by Executive Order No. 2003-10 or Executive Order
1999	1999	21 No. 2004-2 or transferred to the Department of Innovation
2000	2000	22 and Technology by Executive Order No. 2016-1, or both, and
2001	2001	23 was entitled to eligible creditable service for services
2002	2002	24 immediately preceding the transfer.
2003	2003	25 (21) "Investigator for the Department of the Lottery"
2004	2004	26 means any person who is employed by the Department of the
2005	2005
2006	2006
2007	2007
2008	2008
2009	2009
2010	2010	SB3708 - 55 - LRB103 39486 RPS 69682 b
2011	2011
2012	2012
2013	2013	SB3708- 56 -LRB103 39486 RPS 69682 b SB3708 - 56 - LRB103 39486 RPS 69682 b
2014	2014	SB3708 - 56 - LRB103 39486 RPS 69682 b
2015	2015	1 Lottery and is vested with such investigative duties which
2016	2016	2 render him or her ineligible for coverage under the Social
2017	2017	3 Security Act by reason of Sections 218(d)(5)(A),
2018	2018	4 218(d)(8)(D), and 218(l)(1) of that Act. An investigator
2019	2019	5 for the Department of the Lottery who qualifies under this
2020	2020	6 Section shall earn eligible creditable service and be
2021	2021	7 required to make contributions at the rate specified in
2022	2022	8 paragraph (3) of subsection (a) of Section 14-133 for all
2023	2023	9 periods of service as an investigator for the Department
2024	2024	10 of the Lottery.
2025	2025	11 (d) A security employee of the Department of Corrections
2026	2026	12 or the Department of Juvenile Justice, a security employee of
2027	2027	13 the Department of Human Services who is not a mental health
2028	2028	14 police officer, and a security employee of the Department of
2029	2029	15 Innovation and Technology shall not be eligible for the
2030	2030	16 alternative retirement annuity provided by this Section unless
2031	2031	17 he or she meets the following minimum age and service
2032	2032	18 requirements at the time of retirement:
2033	2033	19 (i) 25 years of eligible creditable service and age
2034	2034	20 55; or
2035	2035	21 (ii) beginning January 1, 1987, 25 years of eligible
2036	2036	22 creditable service and age 54, or 24 years of eligible
2037	2037	23 creditable service and age 55; or
2038	2038	24 (iii) beginning January 1, 1988, 25 years of eligible
2039	2039	25 creditable service and age 53, or 23 years of eligible
2040	2040	26 creditable service and age 55; or
2041	2041
2042	2042
2043	2043
2044	2044
2045	2045
2046	2046	SB3708 - 56 - LRB103 39486 RPS 69682 b
2047	2047
2048	2048
2049	2049	SB3708- 57 -LRB103 39486 RPS 69682 b SB3708 - 57 - LRB103 39486 RPS 69682 b
2050	2050	SB3708 - 57 - LRB103 39486 RPS 69682 b
2051	2051	1 (iv) beginning January 1, 1989, 25 years of eligible
2052	2052	2 creditable service and age 52, or 22 years of eligible
2053	2053	3 creditable service and age 55; or
2054	2054	4 (v) beginning January 1, 1990, 25 years of eligible
2055	2055	5 creditable service and age 51, or 21 years of eligible
2056	2056	6 creditable service and age 55; or
2057	2057	7 (vi) beginning January 1, 1991, 25 years of eligible
2058	2058	8 creditable service and age 50, or 20 years of eligible
2059	2059	9 creditable service and age 55.
2060	2060	10 Persons who have service credit under Article 16 of this
2061	2061	11 Code for service as a security employee of the Department of
2062	2062	12 Corrections or the Department of Juvenile Justice, or the
2063	2063	13 Department of Human Services in a position requiring
2064	2064	14 certification as a teacher may count such service toward
2065	2065	15 establishing their eligibility under the service requirements
2066	2066	16 of this Section; but such service may be used only for
2067	2067	17 establishing such eligibility, and not for the purpose of
2068	2068	18 increasing or calculating any benefit.
2069	2069	19 (e) If a member enters military service while working in a
2070	2070	20 position in which eligible creditable service may be earned,
2071	2071	21 and returns to State service in the same or another such
2072	2072	22 position, and fulfills in all other respects the conditions
2073	2073	23 prescribed in this Article for credit for military service,
2074	2074	24 such military service shall be credited as eligible creditable
2075	2075	25 service for the purposes of the retirement annuity prescribed
2076	2076	26 in this Section.
2077	2077
2078	2078
2079	2079
2080	2080
2081	2081
2082	2082	SB3708 - 57 - LRB103 39486 RPS 69682 b
2083	2083
2084	2084
2085	2085	SB3708- 58 -LRB103 39486 RPS 69682 b SB3708 - 58 - LRB103 39486 RPS 69682 b
2086	2086	SB3708 - 58 - LRB103 39486 RPS 69682 b
2087	2087	1 (f) For purposes of calculating retirement annuities under
2088	2088	2 this Section, periods of service rendered after December 31,
2089	2089	3 1968 and before October 1, 1975 as a covered employee in the
2090	2090	4 position of special agent, conservation police officer, mental
2091	2091	5 health police officer, or investigator for the Secretary of
2092	2092	6 State, shall be deemed to have been service as a noncovered
2093	2093	7 employee, provided that the employee pays to the System prior
2094	2094	8 to retirement an amount equal to (1) the difference between
2095	2095	9 the employee contributions that would have been required for
2096	2096	10 such service as a noncovered employee, and the amount of
2097	2097	11 employee contributions actually paid, plus (2) if payment is
2098	2098	12 made after July 31, 1987, regular interest on the amount
2099	2099	13 specified in item (1) from the date of service to the date of
2100	2100	14 payment.
2101	2101	15 For purposes of calculating retirement annuities under
2102	2102	16 this Section, periods of service rendered after December 31,
2103	2103	17 1968 and before January 1, 1982 as a covered employee in the
2104	2104	18 position of investigator for the Department of Revenue shall
2105	2105	19 be deemed to have been service as a noncovered employee,
2106	2106	20 provided that the employee pays to the System prior to
2107	2107	21 retirement an amount equal to (1) the difference between the
2108	2108	22 employee contributions that would have been required for such
2109	2109	23 service as a noncovered employee, and the amount of employee
2110	2110	24 contributions actually paid, plus (2) if payment is made after
2111	2111	25 January 1, 1990, regular interest on the amount specified in
2112	2112	26 item (1) from the date of service to the date of payment.
2113	2113
2114	2114
2115	2115
2116	2116
2117	2117
2118	2118	SB3708 - 58 - LRB103 39486 RPS 69682 b
2119	2119
2120	2120
2121	2121	SB3708- 59 -LRB103 39486 RPS 69682 b SB3708 - 59 - LRB103 39486 RPS 69682 b
2122	2122	SB3708 - 59 - LRB103 39486 RPS 69682 b
2123	2123	1 (g) A State policeman may elect, not later than January 1,
2124	2124	2 1990, to establish eligible creditable service for up to 10
2125	2125	3 years of his service as a policeman under Article 3, by filing
2126	2126	4 a written election with the Board, accompanied by payment of
2127	2127	5 an amount to be determined by the Board, equal to (i) the
2128	2128	6 difference between the amount of employee and employer
2129	2129	7 contributions transferred to the System under Section 3-110.5,
2130	2130	8 and the amounts that would have been contributed had such
2131	2131	9 contributions been made at the rates applicable to State
2132	2132	10 policemen, plus (ii) interest thereon at the effective rate
2133	2133	11 for each year, compounded annually, from the date of service
2134	2134	12 to the date of payment.
2135	2135	13 Subject to the limitation in subsection (i), a State
2136	2136	14 policeman may elect, not later than July 1, 1993, to establish
2137	2137	15 eligible creditable service for up to 10 years of his service
2138	2138	16 as a member of the County Police Department under Article 9, by
2139	2139	17 filing a written election with the Board, accompanied by
2140	2140	18 payment of an amount to be determined by the Board, equal to
2141	2141	19 (i) the difference between the amount of employee and employer
2142	2142	20 contributions transferred to the System under Section 9-121.10
2143	2143	21 and the amounts that would have been contributed had those
2144	2144	22 contributions been made at the rates applicable to State
2145	2145	23 policemen, plus (ii) interest thereon at the effective rate
2146	2146	24 for each year, compounded annually, from the date of service
2147	2147	25 to the date of payment.
2148	2148	26 (h) Subject to the limitation in subsection (i), a State
2149	2149
2150	2150
2151	2151
2152	2152
2153	2153
2154	2154	SB3708 - 59 - LRB103 39486 RPS 69682 b
2155	2155
2156	2156
2157	2157	SB3708- 60 -LRB103 39486 RPS 69682 b SB3708 - 60 - LRB103 39486 RPS 69682 b
2158	2158	SB3708 - 60 - LRB103 39486 RPS 69682 b
2159	2159	1 policeman or investigator for the Secretary of State may elect
2160	2160	2 to establish eligible creditable service for up to 12 years of
2161	2161	3 his service as a policeman under Article 5, by filing a written
2162	2162	4 election with the Board on or before January 31, 1992, and
2163	2163	5 paying to the System by January 31, 1994 an amount to be
2164	2164	6 determined by the Board, equal to (i) the difference between
2165	2165	7 the amount of employee and employer contributions transferred
2166	2166	8 to the System under Section 5-236, and the amounts that would
2167	2167	9 have been contributed had such contributions been made at the
2168	2168	10 rates applicable to State policemen, plus (ii) interest
2169	2169	11 thereon at the effective rate for each year, compounded
2170	2170	12 annually, from the date of service to the date of payment.
2171	2171	13 Subject to the limitation in subsection (i), a State
2172	2172	14 policeman, conservation police officer, or investigator for
2173	2173	15 the Secretary of State may elect to establish eligible
2174	2174	16 creditable service for up to 10 years of service as a sheriff's
2175	2175	17 law enforcement employee under Article 7, by filing a written
2176	2176	18 election with the Board on or before January 31, 1993, and
2177	2177	19 paying to the System by January 31, 1994 an amount to be
2178	2178	20 determined by the Board, equal to (i) the difference between
2179	2179	21 the amount of employee and employer contributions transferred
2180	2180	22 to the System under Section 7-139.7, and the amounts that
2181	2181	23 would have been contributed had such contributions been made
2182	2182	24 at the rates applicable to State policemen, plus (ii) interest
2183	2183	25 thereon at the effective rate for each year, compounded
2184	2184	26 annually, from the date of service to the date of payment.
2185	2185
2186	2186
2187	2187
2188	2188
2189	2189
2190	2190	SB3708 - 60 - LRB103 39486 RPS 69682 b
2191	2191
2192	2192
2193	2193	SB3708- 61 -LRB103 39486 RPS 69682 b SB3708 - 61 - LRB103 39486 RPS 69682 b
2194	2194	SB3708 - 61 - LRB103 39486 RPS 69682 b
2195	2195	1 Subject to the limitation in subsection (i), a State
2196	2196	2 policeman, conservation police officer, or investigator for
2197	2197	3 the Secretary of State may elect to establish eligible
2198	2198	4 creditable service for up to 5 years of service as a police
2199	2199	5 officer under Article 3, a policeman under Article 5, a
2200	2200	6 sheriff's law enforcement employee under Article 7, a member
2201	2201	7 of the county police department under Article 9, or a police
2202	2202	8 officer under Article 15 by filing a written election with the
2203	2203	9 Board and paying to the System an amount to be determined by
2204	2204	10 the Board, equal to (i) the difference between the amount of
2205	2205	11 employee and employer contributions transferred to the System
2206	2206	12 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
2207	2207	13 and the amounts that would have been contributed had such
2208	2208	14 contributions been made at the rates applicable to State
2209	2209	15 policemen, plus (ii) interest thereon at the effective rate
2210	2210	16 for each year, compounded annually, from the date of service
2211	2211	17 to the date of payment.
2212	2212	18 Subject to the limitation in subsection (i), an
2213	2213	19 investigator for the Office of the Attorney General, or an
2214	2214	20 investigator for the Department of Revenue, may elect to
2215	2215	21 establish eligible creditable service for up to 5 years of
2216	2216	22 service as a police officer under Article 3, a policeman under
2217	2217	23 Article 5, a sheriff's law enforcement employee under Article
2218	2218	24 7, or a member of the county police department under Article 9
2219	2219	25 by filing a written election with the Board within 6 months
2220	2220	26 after August 25, 2009 (the effective date of Public Act
2221	2221
2222	2222
2223	2223
2224	2224
2225	2225
2226	2226	SB3708 - 61 - LRB103 39486 RPS 69682 b
2227	2227
2228	2228
2229	2229	SB3708- 62 -LRB103 39486 RPS 69682 b SB3708 - 62 - LRB103 39486 RPS 69682 b
2230	2230	SB3708 - 62 - LRB103 39486 RPS 69682 b
2231	2231	1 96-745) and paying to the System an amount to be determined by
2232	2232	2 the Board, equal to (i) the difference between the amount of
2233	2233	3 employee and employer contributions transferred to the System
2234	2234	4 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
2235	2235	5 amounts that would have been contributed had such
2236	2236	6 contributions been made at the rates applicable to State
2237	2237	7 policemen, plus (ii) interest thereon at the actuarially
2238	2238	8 assumed rate for each year, compounded annually, from the date
2239	2239	9 of service to the date of payment.
2240	2240	10 Subject to the limitation in subsection (i), a State
2241	2241	11 policeman, conservation police officer, investigator for the
2242	2242	12 Office of the Attorney General, an investigator for the
2243	2243	13 Department of Revenue, or investigator for the Secretary of
2244	2244	14 State may elect to establish eligible creditable service for
2245	2245	15 up to 5 years of service as a person employed by a
2246	2246	16 participating municipality to perform police duties, or law
2247	2247	17 enforcement officer employed on a full-time basis by a forest
2248	2248	18 preserve district under Article 7, a county corrections
2249	2249	19 officer, or a court services officer under Article 9, by
2250	2250	20 filing a written election with the Board within 6 months after
2251	2251	21 August 25, 2009 (the effective date of Public Act 96-745) and
2252	2252	22 paying to the System an amount to be determined by the Board,
2253	2253	23 equal to (i) the difference between the amount of employee and
2254	2254	24 employer contributions transferred to the System under
2255	2255	25 Sections 7-139.8 and 9-121.10 and the amounts that would have
2256	2256	26 been contributed had such contributions been made at the rates
2257	2257
2258	2258
2259	2259
2260	2260
2261	2261
2262	2262	SB3708 - 62 - LRB103 39486 RPS 69682 b
2263	2263
2264	2264
2265	2265	SB3708- 63 -LRB103 39486 RPS 69682 b SB3708 - 63 - LRB103 39486 RPS 69682 b
2266	2266	SB3708 - 63 - LRB103 39486 RPS 69682 b
2267	2267	1 applicable to State policemen, plus (ii) interest thereon at
2268	2268	2 the actuarially assumed rate for each year, compounded
2269	2269	3 annually, from the date of service to the date of payment.
2270	2270	4 Subject to the limitation in subsection (i), a State
2271	2271	5 policeman, arson investigator, or Commerce Commission police
2272	2272	6 officer may elect to establish eligible creditable service for
2273	2273	7 up to 5 years of service as a person employed by a
2274	2274	8 participating municipality to perform police duties under
2275	2275	9 Article 7, a county corrections officer, a court services
2276	2276	10 officer under Article 9, or a firefighter under Article 4 by
2277	2277	11 filing a written election with the Board within 6 months after
2278	2278	12 July 30, 2021 (the effective date of Public Act 102-210) and
2279	2279	13 paying to the System an amount to be determined by the Board
2280	2280	14 equal to (i) the difference between the amount of employee and
2281	2281	15 employer contributions transferred to the System under
2282	2282	16 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
2283	2283	17 would have been contributed had such contributions been made
2284	2284	18 at the rates applicable to State policemen, plus (ii) interest
2285	2285	19 thereon at the actuarially assumed rate for each year,
2286	2286	20 compounded annually, from the date of service to the date of
2287	2287	21 payment.
2288	2288	22 Subject to the limitation in subsection (i), a
2289	2289	23 conservation police officer may elect to establish eligible
2290	2290	24 creditable service for up to 5 years of service as a person
2291	2291	25 employed by a participating municipality to perform police
2292	2292	26 duties under Article 7, a county corrections officer, or a
2293	2293
2294	2294
2295	2295
2296	2296
2297	2297
2298	2298	SB3708 - 63 - LRB103 39486 RPS 69682 b
2299	2299
2300	2300
2301	2301	SB3708- 64 -LRB103 39486 RPS 69682 b SB3708 - 64 - LRB103 39486 RPS 69682 b
2302	2302	SB3708 - 64 - LRB103 39486 RPS 69682 b
2303	2303	1 court services officer under Article 9 by filing a written
2304	2304	2 election with the Board within 6 months after July 30, 2021
2305	2305	3 (the effective date of Public Act 102-210) and paying to the
2306	2306	4 System an amount to be determined by the Board equal to (i) the
2307	2307	5 difference between the amount of employee and employer
2308	2308	6 contributions transferred to the System under Sections 7-139.8
2309	2309	7 and 9-121.10 and the amounts that would have been contributed
2310	2310	8 had such contributions been made at the rates applicable to
2311	2311	9 State policemen, plus (ii) interest thereon at the actuarially
2312	2312	10 assumed rate for each year, compounded annually, from the date
2313	2313	11 of service to the date of payment.
2314	2314	12 Notwithstanding the limitation in subsection (i), a State
2315	2315	13 policeman or conservation police officer may elect to convert
2316	2316	14 service credit earned under this Article to eligible
2317	2317	15 creditable service, as defined by this Section, by filing a
2318	2318	16 written election with the board within 6 months after July 30,
2319	2319	17 2021 (the effective date of Public Act 102-210) and paying to
2320	2320	18 the System an amount to be determined by the Board equal to (i)
2321	2321	19 the difference between the amount of employee contributions
2322	2322	20 originally paid for that service and the amounts that would
2323	2323	21 have been contributed had such contributions been made at the
2324	2324	22 rates applicable to State policemen, plus (ii) the difference
2325	2325	23 between the employer's normal cost of the credit prior to the
2326	2326	24 conversion authorized by Public Act 102-210 and the employer's
2327	2327	25 normal cost of the credit converted in accordance with Public
2328	2328	26 Act 102-210, plus (iii) interest thereon at the actuarially
2329	2329
2330	2330
2331	2331
2332	2332
2333	2333
2334	2334	SB3708 - 64 - LRB103 39486 RPS 69682 b
2335	2335
2336	2336
2337	2337	SB3708- 65 -LRB103 39486 RPS 69682 b SB3708 - 65 - LRB103 39486 RPS 69682 b
2338	2338	SB3708 - 65 - LRB103 39486 RPS 69682 b
2339	2339	1 assumed rate for each year, compounded annually, from the date
2340	2340	2 of service to the date of payment.
2341	2341	3 (i) The total amount of eligible creditable service
2342	2342	4 established by any person under subsections (g), (h), (j),
2343	2343	5 (k), (l), (l-5), and (o) of this Section shall not exceed 12
2344	2344	6 years.
2345	2345	7 (j) Subject to the limitation in subsection (i), an
2346	2346	8 investigator for the Office of the State's Attorneys Appellate
2347	2347	9 Prosecutor or a controlled substance inspector may elect to
2348	2348	10 establish eligible creditable service for up to 10 years of
2349	2349	11 his service as a policeman under Article 3 or a sheriff's law
2350	2350	12 enforcement employee under Article 7, by filing a written
2351	2351	13 election with the Board, accompanied by payment of an amount
2352	2352	14 to be determined by the Board, equal to (1) the difference
2353	2353	15 between the amount of employee and employer contributions
2354	2354	16 transferred to the System under Section 3-110.6 or 7-139.8,
2355	2355	17 and the amounts that would have been contributed had such
2356	2356	18 contributions been made at the rates applicable to State
2357	2357	19 policemen, plus (2) interest thereon at the effective rate for
2358	2358	20 each year, compounded annually, from the date of service to
2359	2359	21 the date of payment.
2360	2360	22 (k) Subject to the limitation in subsection (i) of this
2361	2361	23 Section, an alternative formula employee may elect to
2362	2362	24 establish eligible creditable service for periods spent as a
2363	2363	25 full-time law enforcement officer or full-time corrections
2364	2364	26 officer employed by the federal government or by a state or
2365	2365
2366	2366
2367	2367
2368	2368
2369	2369
2370	2370	SB3708 - 65 - LRB103 39486 RPS 69682 b
2371	2371
2372	2372
2373	2373	SB3708- 66 -LRB103 39486 RPS 69682 b SB3708 - 66 - LRB103 39486 RPS 69682 b
2374	2374	SB3708 - 66 - LRB103 39486 RPS 69682 b
2375	2375	1 local government located outside of Illinois, for which credit
2376	2376	2 is not held in any other public employee pension fund or
2377	2377	3 retirement system. To obtain this credit, the applicant must
2378	2378	4 file a written application with the Board by March 31, 1998,
2379	2379	5 accompanied by evidence of eligibility acceptable to the Board
2380	2380	6 and payment of an amount to be determined by the Board, equal
2381	2381	7 to (1) employee contributions for the credit being
2382	2382	8 established, based upon the applicant's salary on the first
2383	2383	9 day as an alternative formula employee after the employment
2384	2384	10 for which credit is being established and the rates then
2385	2385	11 applicable to alternative formula employees, plus (2) an
2386	2386	12 amount determined by the Board to be the employer's normal
2387	2387	13 cost of the benefits accrued for the credit being established,
2388	2388	14 plus (3) regular interest on the amounts in items (1) and (2)
2389	2389	15 from the first day as an alternative formula employee after
2390	2390	16 the employment for which credit is being established to the
2391	2391	17 date of payment.
2392	2392	18 (l) Subject to the limitation in subsection (i), a
2393	2393	19 security employee of the Department of Corrections may elect,
2394	2394	20 not later than July 1, 1998, to establish eligible creditable
2395	2395	21 service for up to 10 years of his or her service as a policeman
2396	2396	22 under Article 3, by filing a written election with the Board,
2397	2397	23 accompanied by payment of an amount to be determined by the
2398	2398	24 Board, equal to (i) the difference between the amount of
2399	2399	25 employee and employer contributions transferred to the System
2400	2400	26 under Section 3-110.5, and the amounts that would have been
2401	2401
2402	2402
2403	2403
2404	2404
2405	2405
2406	2406	SB3708 - 66 - LRB103 39486 RPS 69682 b
2407	2407
2408	2408
2409	2409	SB3708- 67 -LRB103 39486 RPS 69682 b SB3708 - 67 - LRB103 39486 RPS 69682 b
2410	2410	SB3708 - 67 - LRB103 39486 RPS 69682 b
2411	2411	1 contributed had such contributions been made at the rates
2412	2412	2 applicable to security employees of the Department of
2413	2413	3 Corrections, plus (ii) interest thereon at the effective rate
2414	2414	4 for each year, compounded annually, from the date of service
2415	2415	5 to the date of payment.
2416	2416	6 (l-5) Subject to the limitation in subsection (i) of this
2417	2417	7 Section, a State policeman may elect to establish eligible
2418	2418	8 creditable service for up to 5 years of service as a full-time
2419	2419	9 law enforcement officer employed by the federal government or
2420	2420	10 by a state or local government located outside of Illinois for
2421	2421	11 which credit is not held in any other public employee pension
2422	2422	12 fund or retirement system. To obtain this credit, the
2423	2423	13 applicant must file a written application with the Board no
2424	2424	14 later than 3 years after January 1, 2020 (the effective date of
2425	2425	15 Public Act 101-610), accompanied by evidence of eligibility
2426	2426	16 acceptable to the Board and payment of an amount to be
2427	2427	17 determined by the Board, equal to (1) employee contributions
2428	2428	18 for the credit being established, based upon the applicant's
2429	2429	19 salary on the first day as an alternative formula employee
2430	2430	20 after the employment for which credit is being established and
2431	2431	21 the rates then applicable to alternative formula employees,
2432	2432	22 plus (2) an amount determined by the Board to be the employer's
2433	2433	23 normal cost of the benefits accrued for the credit being
2434	2434	24 established, plus (3) regular interest on the amounts in items
2435	2435	25 (1) and (2) from the first day as an alternative formula
2436	2436	26 employee after the employment for which credit is being
2437	2437
2438	2438
2439	2439
2440	2440
2441	2441
2442	2442	SB3708 - 67 - LRB103 39486 RPS 69682 b
2443	2443
2444	2444
2445	2445	SB3708- 68 -LRB103 39486 RPS 69682 b SB3708 - 68 - LRB103 39486 RPS 69682 b
2446	2446	SB3708 - 68 - LRB103 39486 RPS 69682 b
2447	2447	1 established to the date of payment.
2448	2448	2 (m) The amendatory changes to this Section made by Public
2449	2449	3 Act 94-696 apply only to: (1) security employees of the
2450	2450	4 Department of Juvenile Justice employed by the Department of
2451	2451	5 Corrections before June 1, 2006 (the effective date of Public
2452	2452	6 Act 94-696) and transferred to the Department of Juvenile
2453	2453	7 Justice by Public Act 94-696; and (2) persons employed by the
2454	2454	8 Department of Juvenile Justice on or after June 1, 2006 (the
2455	2455	9 effective date of Public Act 94-696) who are required by
2456	2456	10 subsection (b) of Section 3-2.5-15 of the Unified Code of
2457	2457	11 Corrections to have any bachelor's or advanced degree from an
2458	2458	12 accredited college or university or, in the case of persons
2459	2459	13 who provide vocational training, who are required to have
2460	2460	14 adequate knowledge in the skill for which they are providing
2461	2461	15 the vocational training.
2462	2462	16 Beginning with the pay period that immediately follows the
2463	2463	17 effective date of this amendatory Act of the 103rd General
2464	2464	18 Assembly, the bachelor's or advanced degree requirement of
2465	2465	19 subsection (b) of Section 3-2.5-15 of the Unified Code of
2466	2466	20 Corrections shall no longer determine the eligibility to earn
2467	2467	21 eligible creditable service for a person employed by the
2468	2468	22 Department of Juvenile Justice.
2469	2469	23 An employee may elect to convert into eligible creditable
2470	2470	24 service his or her creditable service earned with the
2471	2471	25 Department of Juvenile Justice while employed in a position
2472	2472	26 that required the employee to do any one or more of the
2473	2473
2474	2474
2475	2475
2476	2476
2477	2477
2478	2478	SB3708 - 68 - LRB103 39486 RPS 69682 b
2479	2479
2480	2480
2481	2481	SB3708- 69 -LRB103 39486 RPS 69682 b SB3708 - 69 - LRB103 39486 RPS 69682 b
2482	2482	SB3708 - 69 - LRB103 39486 RPS 69682 b
2483	2483	1 following: (1) participate or assist in the rehabilitative and
2484	2484	2 vocational training of delinquent youths; (2) supervise the
2485	2485	3 daily activities and assume direct and continuing
2486	2486	4 responsibility for the youth's security, welfare, and
2487	2487	5 development; or (3) participate in the personal rehabilitation
2488	2488	6 of delinquent youth by training, supervising, and assisting
2489	2489	7 lower-level personnel. To convert that creditable service to
2490	2490	8 eligible creditable service, the employee must pay to the
2491	2491	9 System the difference between the employee contributions
2492	2492	10 actually paid for that service and the amounts that would have
2493	2493	11 been contributed if the applicant were contributing at the
2494	2494	12 rate applicable to persons with the same Social Security
2495	2495	13 status earning eligible creditable service on the date of
2496	2496	14 application.
2497	2497	15 (n) A person employed in a position under subsection (b)
2498	2498	16 of this Section who has purchased service credit under
2499	2499	17 subsection (j) of Section 14-104 or subsection (b) of Section
2500	2500	18 14-105 in any other capacity under this Article may convert up
2501	2501	19 to 5 years of that service credit into service credit covered
2502	2502	20 under this Section by paying to the Fund an amount equal to (1)
2503	2503	21 the additional employee contribution required under Section
2504	2504	22 14-133, plus (2) the additional employer contribution required
2505	2505	23 under Section 14-131, plus (3) interest on items (1) and (2) at
2506	2506	24 the actuarially assumed rate from the date of the service to
2507	2507	25 the date of payment.
2508	2508	26 (o) Subject to the limitation in subsection (i), a
2509	2509
2510	2510
2511	2511
2512	2512
2513	2513
2514	2514	SB3708 - 69 - LRB103 39486 RPS 69682 b
2515	2515
2516	2516
2517	2517	SB3708- 70 -LRB103 39486 RPS 69682 b SB3708 - 70 - LRB103 39486 RPS 69682 b
2518	2518	SB3708 - 70 - LRB103 39486 RPS 69682 b
2519	2519	1 conservation police officer, investigator for the Secretary of
2520	2520	2 State, Commerce Commission police officer, investigator for
2521	2521	3 the Department of Revenue or the Illinois Gaming Board, or
2522	2522	4 arson investigator subject to subsection (g) of Section 1-160
2523	2523	5 may elect to convert up to 8 years of service credit
2524	2524	6 established before January 1, 2020 (the effective date of
2525	2525	7 Public Act 101-610) as a conservation police officer,
2526	2526	8 investigator for the Secretary of State, Commerce Commission
2527	2527	9 police officer, investigator for the Department of Revenue or
2528	2528	10 the Illinois Gaming Board, or arson investigator under this
2529	2529	11 Article into eligible creditable service by filing a written
2530	2530	12 election with the Board no later than one year after January 1,
2531	2531	13 2020 (the effective date of Public Act 101-610), accompanied
2532	2532	14 by payment of an amount to be determined by the Board equal to
2533	2533	15 (i) the difference between the amount of the employee
2534	2534	16 contributions actually paid for that service and the amount of
2535	2535	17 the employee contributions that would have been paid had the
2536	2536	18 employee contributions been made as a noncovered employee
2537	2537	19 serving in a position in which eligible creditable service, as
2538	2538	20 defined in this Section, may be earned, plus (ii) interest
2539	2539	21 thereon at the effective rate for each year, compounded
2540	2540	22 annually, from the date of service to the date of payment.
2541	2541	23 (q) A security employee of the Department of Human
2542	2542	24 Services who is subject to subsection (g-1) of Section 1-160
2543	2543	25 may elect to convert up to 13 years of service credit
2544	2544	26 established before the effective date of this amendatory Act
2545	2545
2546	2546
2547	2547
2548	2548
2549	2549
2550	2550	SB3708 - 70 - LRB103 39486 RPS 69682 b
2551	2551
2552	2552
2553	2553	SB3708- 71 -LRB103 39486 RPS 69682 b SB3708 - 71 - LRB103 39486 RPS 69682 b
2554	2554	SB3708 - 71 - LRB103 39486 RPS 69682 b
2555	2555	1 of the 103rd General Assembly as a security employee of the
2556	2556	2 Department of Human Services to eligible creditable service by
2557	2557	3 filing a written election with the Board no later than one year
2558	2558	4 after the effective date of this amendatory Act of the 103rd
2559	2559	5 General Assembly, accompanied by payment of an amount, to be
2560	2560	6 determined by the Board, equal to (i) the difference between
2561	2561	7 the amount of the employee contributions actually paid for
2562	2562	8 that service and the amount of the employee contributions that
2563	2563	9 would have been paid had the employee contributions been made
2564	2564	10 as a covered employee serving in a position in which eligible
2565	2565	11 creditable service, as defined in this Section, may be earned,
2566	2566	12 plus (ii) interest thereon at the effective rate for each
2567	2567	13 year, compounded annually, from the date of service to the
2568	2568	14 date of payment.
2569	2569	15 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
2570	2570	16 102-813, eff. 5-13-22; 103-34, eff. 1-1-24.)
2571	2571	17 (Text of Section from P.A. 102-856 and 103-34)
2572	2572	18 Sec. 14-110. Alternative retirement annuity.
2573	2573	19 (a) Any member who has withdrawn from service with not
2574	2574	20 less than 20 years of eligible creditable service and has
2575	2575	21 attained age 55, and any member who has withdrawn from service
2576	2576	22 with not less than 25 years of eligible creditable service and
2577	2577	23 has attained age 50, regardless of whether the attainment of
2578	2578	24 either of the specified ages occurs while the member is still
2579	2579	25 in service, shall be entitled to receive at the option of the
2580	2580
2581	2581
2582	2582
2583	2583
2584	2584
2585	2585	SB3708 - 71 - LRB103 39486 RPS 69682 b
2586	2586
2587	2587
2588	2588	SB3708- 72 -LRB103 39486 RPS 69682 b SB3708 - 72 - LRB103 39486 RPS 69682 b
2589	2589	SB3708 - 72 - LRB103 39486 RPS 69682 b
2590	2590	1 member, in lieu of the regular or minimum retirement annuity,
2591	2591	2 a retirement annuity computed as follows:
2592	2592	3 (i) for periods of service as a noncovered employee:
2593	2593	4 if retirement occurs on or after January 1, 2001, 3% of
2594	2594	5 final average compensation for each year of creditable
2595	2595	6 service; if retirement occurs before January 1, 2001, 2
2596	2596	7 1/4% of final average compensation for each of the first
2597	2597	8 10 years of creditable service, 2 1/2% for each year above
2598	2598	9 10 years to and including 20 years of creditable service,
2599	2599	10 and 2 3/4% for each year of creditable service above 20
2600	2600	11 years; and
2601	2601	12 (ii) for periods of eligible creditable service as a
2602	2602	13 covered employee: if retirement occurs on or after January
2603	2603	14 1, 2001, 2.5% of final average compensation for each year
2604	2604	15 of creditable service; if retirement occurs before January
2605	2605	16 1, 2001, 1.67% of final average compensation for each of
2606	2606	17 the first 10 years of such service, 1.90% for each of the
2607	2607	18 next 10 years of such service, 2.10% for each year of such
2608	2608	19 service in excess of 20 but not exceeding 30, and 2.30% for
2609	2609	20 each year in excess of 30.
2610	2610	21 Such annuity shall be subject to a maximum of 75% of final
2611	2611	22 average compensation if retirement occurs before January 1,
2612	2612	23 2001 or to a maximum of 80% of final average compensation if
2613	2613	24 retirement occurs on or after January 1, 2001.
2614	2614	25 These rates shall not be applicable to any service
2615	2615	26 performed by a member as a covered employee which is not
2616	2616
2617	2617
2618	2618
2619	2619
2620	2620
2621	2621	SB3708 - 72 - LRB103 39486 RPS 69682 b
2622	2622
2623	2623
2624	2624	SB3708- 73 -LRB103 39486 RPS 69682 b SB3708 - 73 - LRB103 39486 RPS 69682 b
2625	2625	SB3708 - 73 - LRB103 39486 RPS 69682 b
2626	2626	1 eligible creditable service. Service as a covered employee
2627	2627	2 which is not eligible creditable service shall be subject to
2628	2628	3 the rates and provisions of Section 14-108.
2629	2629	4 (b) For the purpose of this Section, "eligible creditable
2630	2630	5 service" means creditable service resulting from service in
2631	2631	6 one or more of the following positions:
2632	2632	7 (1) State policeman;
2633	2633	8 (2) fire fighter in the fire protection service of a
2634	2634	9 department;
2635	2635	10 (3) air pilot;
2636	2636	11 (4) special agent;
2637	2637	12 (5) investigator for the Secretary of State;
2638	2638	13 (6) conservation police officer;
2639	2639	14 (7) investigator for the Department of Revenue or the
2640	2640	15 Illinois Gaming Board;
2641	2641	16 (8) security employee of the Department of Human
2642	2642	17 Services;
2643	2643	18 (9) Central Management Services security police
2644	2644	19 officer;
2645	2645	20 (10) security employee of the Department of
2646	2646	21 Corrections or the Department of Juvenile Justice;
2647	2647	22 (11) dangerous drugs investigator;
2648	2648	23 (12) investigator for the Illinois State Police;
2649	2649	24 (13) investigator for the Office of the Attorney
2650	2650	25 General;
2651	2651	26 (14) controlled substance inspector;
2652	2652
2653	2653
2654	2654
2655	2655
2656	2656
2657	2657	SB3708 - 73 - LRB103 39486 RPS 69682 b
2658	2658
2659	2659
2660	2660	SB3708- 74 -LRB103 39486 RPS 69682 b SB3708 - 74 - LRB103 39486 RPS 69682 b
2661	2661	SB3708 - 74 - LRB103 39486 RPS 69682 b
2662	2662	1 (15) investigator for the Office of the State's
2663	2663	2 Attorneys Appellate Prosecutor;
2664	2664	3 (16) Commerce Commission police officer;
2665	2665	4 (17) arson investigator;
2666	2666	5 (18) State highway maintenance worker;
2667	2667	6 (19) security employee of the Department of Innovation
2668	2668	7 and Technology; or
2669	2669	8 (20) transferred employee; or .
2670	2670	9 (21) investigator for the Department of the Lottery.
2671	2671	10 A person employed in one of the positions specified in
2672	2672	11 this subsection is entitled to eligible creditable service for
2673	2673	12 service credit earned under this Article while undergoing the
2674	2674	13 basic police training course approved by the Illinois Law
2675	2675	14 Enforcement Training Standards Board, if completion of that
2676	2676	15 training is required of persons serving in that position. For
2677	2677	16 the purposes of this Code, service during the required basic
2678	2678	17 police training course shall be deemed performance of the
2679	2679	18 duties of the specified position, even though the person is
2680	2680	19 not a sworn peace officer at the time of the training.
2681	2681	20 A person under paragraph (20) is entitled to eligible
2682	2682	21 creditable service for service credit earned under this
2683	2683	22 Article on and after his or her transfer by Executive Order No.
2684	2684	23 2003-10, Executive Order No. 2004-2, or Executive Order No.
2685	2685	24 2016-1.
2686	2686	25 (c) For the purposes of this Section:
2687	2687	26 (1) The term "State policeman" includes any title or
2688	2688
2689	2689
2690	2690
2691	2691
2692	2692
2693	2693	SB3708 - 74 - LRB103 39486 RPS 69682 b
2694	2694
2695	2695
2696	2696	SB3708- 75 -LRB103 39486 RPS 69682 b SB3708 - 75 - LRB103 39486 RPS 69682 b
2697	2697	SB3708 - 75 - LRB103 39486 RPS 69682 b
2698	2698	1 position in the Illinois State Police that is held by an
2699	2699	2 individual employed under the Illinois State Police Act.
2700	2700	3 (2) The term "fire fighter in the fire protection
2701	2701	4 service of a department" includes all officers in such
2702	2702	5 fire protection service including fire chiefs and
2703	2703	6 assistant fire chiefs.
2704	2704	7 (3) The term "air pilot" includes any employee whose
2705	2705	8 official job description on file in the Department of
2706	2706	9 Central Management Services, or in the department by which
2707	2707	10 he is employed if that department is not covered by the
2708	2708	11 Personnel Code, states that his principal duty is the
2709	2709	12 operation of aircraft, and who possesses a pilot's
2710	2710	13 license; however, the change in this definition made by
2711	2711	14 Public Act 83-842 shall not operate to exclude any
2712	2712	15 noncovered employee who was an "air pilot" for the
2713	2713	16 purposes of this Section on January 1, 1984.
2714	2714	17 (4) The term "special agent" means any person who by
2715	2715	18 reason of employment by the Division of Narcotic Control,
2716	2716	19 the Bureau of Investigation or, after July 1, 1977, the
2717	2717	20 Division of Criminal Investigation, the Division of
2718	2718	21 Internal Investigation, the Division of Operations, the
2719	2719	22 Division of Patrol, or any other Division or
2720	2720	23 organizational entity in the Illinois State Police is
2721	2721	24 vested by law with duties to maintain public order,
2722	2722	25 investigate violations of the criminal law of this State,
2723	2723	26 enforce the laws of this State, make arrests and recover
2724	2724
2725	2725
2726	2726
2727	2727
2728	2728
2729	2729	SB3708 - 75 - LRB103 39486 RPS 69682 b
2730	2730
2731	2731
2732	2732	SB3708- 76 -LRB103 39486 RPS 69682 b SB3708 - 76 - LRB103 39486 RPS 69682 b
2733	2733	SB3708 - 76 - LRB103 39486 RPS 69682 b
2734	2734	1 property. The term "special agent" includes any title or
2735	2735	2 position in the Illinois State Police that is held by an
2736	2736	3 individual employed under the Illinois State Police Act.
2737	2737	4 (5) The term "investigator for the Secretary of State"
2738	2738	5 means any person employed by the Office of the Secretary
2739	2739	6 of State and vested with such investigative duties as
2740	2740	7 render him ineligible for coverage under the Social
2741	2741	8 Security Act by reason of Sections 218(d)(5)(A),
2742	2742	9 218(d)(8)(D) and 218(l)(1) of that Act.
2743	2743	10 A person who became employed as an investigator for
2744	2744	11 the Secretary of State between January 1, 1967 and
2745	2745	12 December 31, 1975, and who has served as such until
2746	2746	13 attainment of age 60, either continuously or with a single
2747	2747	14 break in service of not more than 3 years duration, which
2748	2748	15 break terminated before January 1, 1976, shall be entitled
2749	2749	16 to have his retirement annuity calculated in accordance
2750	2750	17 with subsection (a), notwithstanding that he has less than
2751	2751	18 20 years of credit for such service.
2752	2752	19 (6) The term "Conservation Police Officer" means any
2753	2753	20 person employed by the Division of Law Enforcement of the
2754	2754	21 Department of Natural Resources and vested with such law
2755	2755	22 enforcement duties as render him ineligible for coverage
2756	2756	23 under the Social Security Act by reason of Sections
2757	2757	24 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
2758	2758	25 term "Conservation Police Officer" includes the positions
2759	2759	26 of Chief Conservation Police Administrator and Assistant
2760	2760
2761	2761
2762	2762
2763	2763
2764	2764
2765	2765	SB3708 - 76 - LRB103 39486 RPS 69682 b
2766	2766
2767	2767
2768	2768	SB3708- 77 -LRB103 39486 RPS 69682 b SB3708 - 77 - LRB103 39486 RPS 69682 b
2769	2769	SB3708 - 77 - LRB103 39486 RPS 69682 b
2770	2770	1 Conservation Police Administrator.
2771	2771	2 (7) The term "investigator for the Department of
2772	2772	3 Revenue" means any person employed by the Department of
2773	2773	4 Revenue and vested with such investigative duties as
2774	2774	5 render him ineligible for coverage under the Social
2775	2775	6 Security Act by reason of Sections 218(d)(5)(A),
2776	2776	7 218(d)(8)(D) and 218(l)(1) of that Act.
2777	2777	8 The term "investigator for the Illinois Gaming Board"
2778	2778	9 means any person employed as such by the Illinois Gaming
2779	2779	10 Board and vested with such peace officer duties as render
2780	2780	11 the person ineligible for coverage under the Social
2781	2781	12 Security Act by reason of Sections 218(d)(5)(A),
2782	2782	13 218(d)(8)(D), and 218(l)(1) of that Act.
2783	2783	14 (8) The term "security employee of the Department of
2784	2784	15 Human Services" means any person employed by the
2785	2785	16 Department of Human Services who (i) is employed at the
2786	2786	17 Chester Mental Health Center and has daily contact with
2787	2787	18 the residents thereof, (ii) is employed within a security
2788	2788	19 unit at a facility operated by the Department and has
2789	2789	20 daily contact with the residents of the security unit,
2790	2790	21 (iii) is employed at a facility operated by the Department
2791	2791	22 that includes a security unit and is regularly scheduled
2792	2792	23 to work at least 50% of his or her working hours within
2793	2793	24 that security unit, or (iv) is a mental health police
2794	2794	25 officer. "Mental health police officer" means any person
2795	2795	26 employed by the Department of Human Services in a position
2796	2796
2797	2797
2798	2798
2799	2799
2800	2800
2801	2801	SB3708 - 77 - LRB103 39486 RPS 69682 b
2802	2802
2803	2803
2804	2804	SB3708- 78 -LRB103 39486 RPS 69682 b SB3708 - 78 - LRB103 39486 RPS 69682 b
2805	2805	SB3708 - 78 - LRB103 39486 RPS 69682 b
2806	2806	1 pertaining to the Department's mental health and
2807	2807	2 developmental disabilities functions who is vested with
2808	2808	3 such law enforcement duties as render the person
2809	2809	4 ineligible for coverage under the Social Security Act by
2810	2810	5 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
2811	2811	6 218(l)(1) of that Act. "Security unit" means that portion
2812	2812	7 of a facility that is devoted to the care, containment,
2813	2813	8 and treatment of persons committed to the Department of
2814	2814	9 Human Services as sexually violent persons, persons unfit
2815	2815	10 to stand trial, or persons not guilty by reason of
2816	2816	11 insanity. With respect to past employment, references to
2817	2817	12 the Department of Human Services include its predecessor,
2818	2818	13 the Department of Mental Health and Developmental
2819	2819	14 Disabilities.
2820	2820	15 The changes made to this subdivision (c)(8) by Public
2821	2821	16 Act 92-14 apply to persons who retire on or after January
2822	2822	17 1, 2001, notwithstanding Section 1-103.1.
2823	2823	18 (9) "Central Management Services security police
2824	2824	19 officer" means any person employed by the Department of
2825	2825	20 Central Management Services who is vested with such law
2826	2826	21 enforcement duties as render him ineligible for coverage
2827	2827	22 under the Social Security Act by reason of Sections
2828	2828	23 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2829	2829	24 (10) For a member who first became an employee under
2830	2830	25 this Article before July 1, 2005, the term "security
2831	2831	26 employee of the Department of Corrections or the
2832	2832
2833	2833
2834	2834
2835	2835
2836	2836
2837	2837	SB3708 - 78 - LRB103 39486 RPS 69682 b
2838	2838
2839	2839
2840	2840	SB3708- 79 -LRB103 39486 RPS 69682 b SB3708 - 79 - LRB103 39486 RPS 69682 b
2841	2841	SB3708 - 79 - LRB103 39486 RPS 69682 b
2842	2842	1 Department of Juvenile Justice" means any employee of the
2843	2843	2 Department of Corrections or the Department of Juvenile
2844	2844	3 Justice or the former Department of Personnel, and any
2845	2845	4 member or employee of the Prisoner Review Board, who has
2846	2846	5 daily contact with inmates or youth by working within a
2847	2847	6 correctional facility or Juvenile facility operated by the
2848	2848	7 Department of Juvenile Justice or who is a parole officer
2849	2849	8 or an employee who has direct contact with committed
2850	2850	9 persons in the performance of his or her job duties. For a
2851	2851	10 member who first becomes an employee under this Article on
2852	2852	11 or after July 1, 2005, the term means an employee of the
2853	2853	12 Department of Corrections or the Department of Juvenile
2854	2854	13 Justice who is any of the following: (i) officially
2855	2855	14 headquartered at a correctional facility or Juvenile
2856	2856	15 facility operated by the Department of Juvenile Justice,
2857	2857	16 (ii) a parole officer, (iii) a member of the apprehension
2858	2858	17 unit, (iv) a member of the intelligence unit, (v) a member
2859	2859	18 of the sort team, or (vi) an investigator.
2860	2860	19 (11) The term "dangerous drugs investigator" means any
2861	2861	20 person who is employed as such by the Department of Human
2862	2862	21 Services.
2863	2863	22 (12) The term "investigator for the Illinois State
2864	2864	23 Police" means a person employed by the Illinois State
2865	2865	24 Police who is vested under Section 4 of the Narcotic
2866	2866	25 Control Division Abolition Act with such law enforcement
2867	2867	26 powers as render him ineligible for coverage under the
2868	2868
2869	2869
2870	2870
2871	2871
2872	2872
2873	2873	SB3708 - 79 - LRB103 39486 RPS 69682 b
2874	2874
2875	2875
2876	2876	SB3708- 80 -LRB103 39486 RPS 69682 b SB3708 - 80 - LRB103 39486 RPS 69682 b
2877	2877	SB3708 - 80 - LRB103 39486 RPS 69682 b
2878	2878	1 Social Security Act by reason of Sections 218(d)(5)(A),
2879	2879	2 218(d)(8)(D) and 218(l)(1) of that Act.
2880	2880	3 (13) "Investigator for the Office of the Attorney
2881	2881	4 General" means any person who is employed as such by the
2882	2882	5 Office of the Attorney General and is vested with such
2883	2883	6 investigative duties as render him ineligible for coverage
2884	2884	7 under the Social Security Act by reason of Sections
2885	2885	8 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
2886	2886	9 the period before January 1, 1989, the term includes all
2887	2887	10 persons who were employed as investigators by the Office
2888	2888	11 of the Attorney General, without regard to social security
2889	2889	12 status.
2890	2890	13 (14) "Controlled substance inspector" means any person
2891	2891	14 who is employed as such by the Department of Professional
2892	2892	15 Regulation and is vested with such law enforcement duties
2893	2893	16 as render him ineligible for coverage under the Social
2894	2894	17 Security Act by reason of Sections 218(d)(5)(A),
2895	2895	18 218(d)(8)(D) and 218(l)(1) of that Act. The term
2896	2896	19 "controlled substance inspector" includes the Program
2897	2897	20 Executive of Enforcement and the Assistant Program
2898	2898	21 Executive of Enforcement.
2899	2899	22 (15) The term "investigator for the Office of the
2900	2900	23 State's Attorneys Appellate Prosecutor" means a person
2901	2901	24 employed in that capacity on a full-time basis under the
2902	2902	25 authority of Section 7.06 of the State's Attorneys
2903	2903	26 Appellate Prosecutor's Act.
2904	2904
2905	2905
2906	2906
2907	2907
2908	2908
2909	2909	SB3708 - 80 - LRB103 39486 RPS 69682 b
2910	2910
2911	2911
2912	2912	SB3708- 81 -LRB103 39486 RPS 69682 b SB3708 - 81 - LRB103 39486 RPS 69682 b
2913	2913	SB3708 - 81 - LRB103 39486 RPS 69682 b
2914	2914	1 (16) "Commerce Commission police officer" means any
2915	2915	2 person employed by the Illinois Commerce Commission who is
2916	2916	3 vested with such law enforcement duties as render him
2917	2917	4 ineligible for coverage under the Social Security Act by
2918	2918	5 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
2919	2919	6 218(l)(1) of that Act.
2920	2920	7 (17) "Arson investigator" means any person who is
2921	2921	8 employed as such by the Office of the State Fire Marshal
2922	2922	9 and is vested with such law enforcement duties as render
2923	2923	10 the person ineligible for coverage under the Social
2924	2924	11 Security Act by reason of Sections 218(d)(5)(A),
2925	2925	12 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
2926	2926	13 employed as an arson investigator on January 1, 1995 and
2927	2927	14 is no longer in service but not yet receiving a retirement
2928	2928	15 annuity may convert his or her creditable service for
2929	2929	16 employment as an arson investigator into eligible
2930	2930	17 creditable service by paying to the System the difference
2931	2931	18 between the employee contributions actually paid for that
2932	2932	19 service and the amounts that would have been contributed
2933	2933	20 if the applicant were contributing at the rate applicable
2934	2934	21 to persons with the same social security status earning
2935	2935	22 eligible creditable service on the date of application.
2936	2936	23 (18) The term "State highway maintenance worker" means
2937	2937	24 a person who is either of the following:
2938	2938	25 (i) A person employed on a full-time basis by the
2939	2939	26 Illinois Department of Transportation in the position
2940	2940
2941	2941
2942	2942
2943	2943
2944	2944
2945	2945	SB3708 - 81 - LRB103 39486 RPS 69682 b
2946	2946
2947	2947
2948	2948	SB3708- 82 -LRB103 39486 RPS 69682 b SB3708 - 82 - LRB103 39486 RPS 69682 b
2949	2949	SB3708 - 82 - LRB103 39486 RPS 69682 b
2950	2950	1 of highway maintainer, highway maintenance lead
2951	2951	2 worker, highway maintenance lead/lead worker, heavy
2952	2952	3 construction equipment operator, power shovel
2953	2953	4 operator, or bridge mechanic; and whose principal
2954	2954	5 responsibility is to perform, on the roadway, the
2955	2955	6 actual maintenance necessary to keep the highways that
2956	2956	7 form a part of the State highway system in serviceable
2957	2957	8 condition for vehicular traffic.
2958	2958	9 (ii) A person employed on a full-time basis by the
2959	2959	10 Illinois State Toll Highway Authority in the position
2960	2960	11 of equipment operator/laborer H-4, equipment
2961	2961	12 operator/laborer H-6, welder H-4, welder H-6,
2962	2962	13 mechanical/electrical H-4, mechanical/electrical H-6,
2963	2963	14 water/sewer H-4, water/sewer H-6, sign maker/hanger
2964	2964	15 H-4, sign maker/hanger H-6, roadway lighting H-4,
2965	2965	16 roadway lighting H-6, structural H-4, structural H-6,
2966	2966	17 painter H-4, or painter H-6; and whose principal
2967	2967	18 responsibility is to perform, on the roadway, the
2968	2968	19 actual maintenance necessary to keep the Authority's
2969	2969	20 tollways in serviceable condition for vehicular
2970	2970	21 traffic.
2971	2971	22 (19) The term "security employee of the Department of
2972	2972	23 Innovation and Technology" means a person who was a
2973	2973	24 security employee of the Department of Corrections or the
2974	2974	25 Department of Juvenile Justice, was transferred to the
2975	2975	26 Department of Innovation and Technology pursuant to
2976	2976
2977	2977
2978	2978
2979	2979
2980	2980
2981	2981	SB3708 - 82 - LRB103 39486 RPS 69682 b
2982	2982
2983	2983
2984	2984	SB3708- 83 -LRB103 39486 RPS 69682 b SB3708 - 83 - LRB103 39486 RPS 69682 b
2985	2985	SB3708 - 83 - LRB103 39486 RPS 69682 b
2986	2986	1 Executive Order 2016-01, and continues to perform similar
2987	2987	2 job functions under that Department.
2988	2988	3 (20) "Transferred employee" means an employee who was
2989	2989	4 transferred to the Department of Central Management
2990	2990	5 Services by Executive Order No. 2003-10 or Executive Order
2991	2991	6 No. 2004-2 or transferred to the Department of Innovation
2992	2992	7 and Technology by Executive Order No. 2016-1, or both, and
2993	2993	8 was entitled to eligible creditable service for services
2994	2994	9 immediately preceding the transfer.
2995	2995	10 (21) "Investigator for the Department of the Lottery"
2996	2996	11 means any person who is employed by the Department of the
2997	2997	12 Lottery and is vested with such investigative duties which
2998	2998	13 render him or her ineligible for coverage under the Social
2999	2999	14 Security Act by reason of Sections 218(d)(5)(A),
3000	3000	15 218(d)(8)(D), and 218(l)(1) of that Act. An investigator
3001	3001	16 for the Department of the Lottery who qualifies under this
3002	3002	17 Section shall earn eligible creditable service and be
3003	3003	18 required to make contributions at the rate specified in
3004	3004	19 paragraph (3) of subsection (a) of Section 14-133 for all
3005	3005	20 periods of service as an investigator for the Department
3006	3006	21 of the Lottery.
3007	3007	22 (d) A security employee of the Department of Corrections
3008	3008	23 or the Department of Juvenile Justice, a security employee of
3009	3009	24 the Department of Human Services who is not a mental health
3010	3010	25 police officer, and a security employee of the Department of
3011	3011	26 Innovation and Technology shall not be eligible for the
3012	3012
3013	3013
3014	3014
3015	3015
3016	3016
3017	3017	SB3708 - 83 - LRB103 39486 RPS 69682 b
3018	3018
3019	3019
3020	3020	SB3708- 84 -LRB103 39486 RPS 69682 b SB3708 - 84 - LRB103 39486 RPS 69682 b
3021	3021	SB3708 - 84 - LRB103 39486 RPS 69682 b
3022	3022	1 alternative retirement annuity provided by this Section unless
3023	3023	2 he or she meets the following minimum age and service
3024	3024	3 requirements at the time of retirement:
3025	3025	4 (i) 25 years of eligible creditable service and age
3026	3026	5 55; or
3027	3027	6 (ii) beginning January 1, 1987, 25 years of eligible
3028	3028	7 creditable service and age 54, or 24 years of eligible
3029	3029	8 creditable service and age 55; or
3030	3030	9 (iii) beginning January 1, 1988, 25 years of eligible
3031	3031	10 creditable service and age 53, or 23 years of eligible
3032	3032	11 creditable service and age 55; or
3033	3033	12 (iv) beginning January 1, 1989, 25 years of eligible
3034	3034	13 creditable service and age 52, or 22 years of eligible
3035	3035	14 creditable service and age 55; or
3036	3036	15 (v) beginning January 1, 1990, 25 years of eligible
3037	3037	16 creditable service and age 51, or 21 years of eligible
3038	3038	17 creditable service and age 55; or
3039	3039	18 (vi) beginning January 1, 1991, 25 years of eligible
3040	3040	19 creditable service and age 50, or 20 years of eligible
3041	3041	20 creditable service and age 55.
3042	3042	21 Persons who have service credit under Article 16 of this
3043	3043	22 Code for service as a security employee of the Department of
3044	3044	23 Corrections or the Department of Juvenile Justice, or the
3045	3045	24 Department of Human Services in a position requiring
3046	3046	25 certification as a teacher may count such service toward
3047	3047	26 establishing their eligibility under the service requirements
3048	3048
3049	3049
3050	3050
3051	3051
3052	3052
3053	3053	SB3708 - 84 - LRB103 39486 RPS 69682 b
3054	3054
3055	3055
3056	3056	SB3708- 85 -LRB103 39486 RPS 69682 b SB3708 - 85 - LRB103 39486 RPS 69682 b
3057	3057	SB3708 - 85 - LRB103 39486 RPS 69682 b
3058	3058	1 of this Section; but such service may be used only for
3059	3059	2 establishing such eligibility, and not for the purpose of
3060	3060	3 increasing or calculating any benefit.
3061	3061	4 (e) If a member enters military service while working in a
3062	3062	5 position in which eligible creditable service may be earned,
3063	3063	6 and returns to State service in the same or another such
3064	3064	7 position, and fulfills in all other respects the conditions
3065	3065	8 prescribed in this Article for credit for military service,
3066	3066	9 such military service shall be credited as eligible creditable
3067	3067	10 service for the purposes of the retirement annuity prescribed
3068	3068	11 in this Section.
3069	3069	12 (f) For purposes of calculating retirement annuities under
3070	3070	13 this Section, periods of service rendered after December 31,
3071	3071	14 1968 and before October 1, 1975 as a covered employee in the
3072	3072	15 position of special agent, conservation police officer, mental
3073	3073	16 health police officer, or investigator for the Secretary of
3074	3074	17 State, shall be deemed to have been service as a noncovered
3075	3075	18 employee, provided that the employee pays to the System prior
3076	3076	19 to retirement an amount equal to (1) the difference between
3077	3077	20 the employee contributions that would have been required for
3078	3078	21 such service as a noncovered employee, and the amount of
3079	3079	22 employee contributions actually paid, plus (2) if payment is
3080	3080	23 made after July 31, 1987, regular interest on the amount
3081	3081	24 specified in item (1) from the date of service to the date of
3082	3082	25 payment.
3083	3083	26 For purposes of calculating retirement annuities under
3084	3084
3085	3085
3086	3086
3087	3087
3088	3088
3089	3089	SB3708 - 85 - LRB103 39486 RPS 69682 b
3090	3090
3091	3091
3092	3092	SB3708- 86 -LRB103 39486 RPS 69682 b SB3708 - 86 - LRB103 39486 RPS 69682 b
3093	3093	SB3708 - 86 - LRB103 39486 RPS 69682 b
3094	3094	1 this Section, periods of service rendered after December 31,
3095	3095	2 1968 and before January 1, 1982 as a covered employee in the
3096	3096	3 position of investigator for the Department of Revenue shall
3097	3097	4 be deemed to have been service as a noncovered employee,
3098	3098	5 provided that the employee pays to the System prior to
3099	3099	6 retirement an amount equal to (1) the difference between the
3100	3100	7 employee contributions that would have been required for such
3101	3101	8 service as a noncovered employee, and the amount of employee
3102	3102	9 contributions actually paid, plus (2) if payment is made after
3103	3103	10 January 1, 1990, regular interest on the amount specified in
3104	3104	11 item (1) from the date of service to the date of payment.
3105	3105	12 (g) A State policeman may elect, not later than January 1,
3106	3106	13 1990, to establish eligible creditable service for up to 10
3107	3107	14 years of his service as a policeman under Article 3, by filing
3108	3108	15 a written election with the Board, accompanied by payment of
3109	3109	16 an amount to be determined by the Board, equal to (i) the
3110	3110	17 difference between the amount of employee and employer
3111	3111	18 contributions transferred to the System under Section 3-110.5,
3112	3112	19 and the amounts that would have been contributed had such
3113	3113	20 contributions been made at the rates applicable to State
3114	3114	21 policemen, plus (ii) interest thereon at the effective rate
3115	3115	22 for each year, compounded annually, from the date of service
3116	3116	23 to the date of payment.
3117	3117	24 Subject to the limitation in subsection (i), a State
3118	3118	25 policeman may elect, not later than July 1, 1993, to establish
3119	3119	26 eligible creditable service for up to 10 years of his service
3120	3120
3121	3121
3122	3122
3123	3123
3124	3124
3125	3125	SB3708 - 86 - LRB103 39486 RPS 69682 b
3126	3126
3127	3127
3128	3128	SB3708- 87 -LRB103 39486 RPS 69682 b SB3708 - 87 - LRB103 39486 RPS 69682 b
3129	3129	SB3708 - 87 - LRB103 39486 RPS 69682 b
3130	3130	1 as a member of the County Police Department under Article 9, by
3131	3131	2 filing a written election with the Board, accompanied by
3132	3132	3 payment of an amount to be determined by the Board, equal to
3133	3133	4 (i) the difference between the amount of employee and employer
3134	3134	5 contributions transferred to the System under Section 9-121.10
3135	3135	6 and the amounts that would have been contributed had those
3136	3136	7 contributions been made at the rates applicable to State
3137	3137	8 policemen, plus (ii) interest thereon at the effective rate
3138	3138	9 for each year, compounded annually, from the date of service
3139	3139	10 to the date of payment.
3140	3140	11 (h) Subject to the limitation in subsection (i), a State
3141	3141	12 policeman or investigator for the Secretary of State may elect
3142	3142	13 to establish eligible creditable service for up to 12 years of
3143	3143	14 his service as a policeman under Article 5, by filing a written
3144	3144	15 election with the Board on or before January 31, 1992, and
3145	3145	16 paying to the System by January 31, 1994 an amount to be
3146	3146	17 determined by the Board, equal to (i) the difference between
3147	3147	18 the amount of employee and employer contributions transferred
3148	3148	19 to the System under Section 5-236, and the amounts that would
3149	3149	20 have been contributed had such contributions been made at the
3150	3150	21 rates applicable to State policemen, plus (ii) interest
3151	3151	22 thereon at the effective rate for each year, compounded
3152	3152	23 annually, from the date of service to the date of payment.
3153	3153	24 Subject to the limitation in subsection (i), a State
3154	3154	25 policeman, conservation police officer, or investigator for
3155	3155	26 the Secretary of State may elect to establish eligible
3156	3156
3157	3157
3158	3158
3159	3159
3160	3160
3161	3161	SB3708 - 87 - LRB103 39486 RPS 69682 b
3162	3162
3163	3163
3164	3164	SB3708- 88 -LRB103 39486 RPS 69682 b SB3708 - 88 - LRB103 39486 RPS 69682 b
3165	3165	SB3708 - 88 - LRB103 39486 RPS 69682 b
3166	3166	1 creditable service for up to 10 years of service as a sheriff's
3167	3167	2 law enforcement employee under Article 7, by filing a written
3168	3168	3 election with the Board on or before January 31, 1993, and
3169	3169	4 paying to the System by January 31, 1994 an amount to be
3170	3170	5 determined by the Board, equal to (i) the difference between
3171	3171	6 the amount of employee and employer contributions transferred
3172	3172	7 to the System under Section 7-139.7, and the amounts that
3173	3173	8 would have been contributed had such contributions been made
3174	3174	9 at the rates applicable to State policemen, plus (ii) interest
3175	3175	10 thereon at the effective rate for each year, compounded
3176	3176	11 annually, from the date of service to the date of payment.
3177	3177	12 Subject to the limitation in subsection (i), a State
3178	3178	13 policeman, conservation police officer, or investigator for
3179	3179	14 the Secretary of State may elect to establish eligible
3180	3180	15 creditable service for up to 5 years of service as a police
3181	3181	16 officer under Article 3, a policeman under Article 5, a
3182	3182	17 sheriff's law enforcement employee under Article 7, a member
3183	3183	18 of the county police department under Article 9, or a police
3184	3184	19 officer under Article 15 by filing a written election with the
3185	3185	20 Board and paying to the System an amount to be determined by
3186	3186	21 the Board, equal to (i) the difference between the amount of
3187	3187	22 employee and employer contributions transferred to the System
3188	3188	23 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
3189	3189	24 and the amounts that would have been contributed had such
3190	3190	25 contributions been made at the rates applicable to State
3191	3191	26 policemen, plus (ii) interest thereon at the effective rate
3192	3192
3193	3193
3194	3194
3195	3195
3196	3196
3197	3197	SB3708 - 88 - LRB103 39486 RPS 69682 b
3198	3198
3199	3199
3200	3200	SB3708- 89 -LRB103 39486 RPS 69682 b SB3708 - 89 - LRB103 39486 RPS 69682 b
3201	3201	SB3708 - 89 - LRB103 39486 RPS 69682 b
3202	3202	1 for each year, compounded annually, from the date of service
3203	3203	2 to the date of payment.
3204	3204	3 Subject to the limitation in subsection (i), an
3205	3205	4 investigator for the Office of the Attorney General, or an
3206	3206	5 investigator for the Department of Revenue, may elect to
3207	3207	6 establish eligible creditable service for up to 5 years of
3208	3208	7 service as a police officer under Article 3, a policeman under
3209	3209	8 Article 5, a sheriff's law enforcement employee under Article
3210	3210	9 7, or a member of the county police department under Article 9
3211	3211	10 by filing a written election with the Board within 6 months
3212	3212	11 after August 25, 2009 (the effective date of Public Act
3213	3213	12 96-745) and paying to the System an amount to be determined by
3214	3214	13 the Board, equal to (i) the difference between the amount of
3215	3215	14 employee and employer contributions transferred to the System
3216	3216	15 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
3217	3217	16 amounts that would have been contributed had such
3218	3218	17 contributions been made at the rates applicable to State
3219	3219	18 policemen, plus (ii) interest thereon at the actuarially
3220	3220	19 assumed rate for each year, compounded annually, from the date
3221	3221	20 of service to the date of payment.
3222	3222	21 Subject to the limitation in subsection (i), a State
3223	3223	22 policeman, conservation police officer, investigator for the
3224	3224	23 Office of the Attorney General, an investigator for the
3225	3225	24 Department of Revenue, or investigator for the Secretary of
3226	3226	25 State may elect to establish eligible creditable service for
3227	3227	26 up to 5 years of service as a person employed by a
3228	3228
3229	3229
3230	3230
3231	3231
3232	3232
3233	3233	SB3708 - 89 - LRB103 39486 RPS 69682 b
3234	3234
3235	3235
3236	3236	SB3708- 90 -LRB103 39486 RPS 69682 b SB3708 - 90 - LRB103 39486 RPS 69682 b
3237	3237	SB3708 - 90 - LRB103 39486 RPS 69682 b
3238	3238	1 participating municipality to perform police duties, or law
3239	3239	2 enforcement officer employed on a full-time basis by a forest
3240	3240	3 preserve district under Article 7, a county corrections
3241	3241	4 officer, or a court services officer under Article 9, by
3242	3242	5 filing a written election with the Board within 6 months after
3243	3243	6 August 25, 2009 (the effective date of Public Act 96-745) and
3244	3244	7 paying to the System an amount to be determined by the Board,
3245	3245	8 equal to (i) the difference between the amount of employee and
3246	3246	9 employer contributions transferred to the System under
3247	3247	10 Sections 7-139.8 and 9-121.10 and the amounts that would have
3248	3248	11 been contributed had such contributions been made at the rates
3249	3249	12 applicable to State policemen, plus (ii) interest thereon at
3250	3250	13 the actuarially assumed rate for each year, compounded
3251	3251	14 annually, from the date of service to the date of payment.
3252	3252	15 Subject to the limitation in subsection (i), a State
3253	3253	16 policeman, arson investigator, or Commerce Commission police
3254	3254	17 officer may elect to establish eligible creditable service for
3255	3255	18 up to 5 years of service as a person employed by a
3256	3256	19 participating municipality to perform police duties under
3257	3257	20 Article 7, a county corrections officer, a court services
3258	3258	21 officer under Article 9, or a firefighter under Article 4 by
3259	3259	22 filing a written election with the Board within 6 months after
3260	3260	23 July 30, 2021 (the effective date of Public Act 102-210) and
3261	3261	24 paying to the System an amount to be determined by the Board
3262	3262	25 equal to (i) the difference between the amount of employee and
3263	3263	26 employer contributions transferred to the System under
3264	3264
3265	3265
3266	3266
3267	3267
3268	3268
3269	3269	SB3708 - 90 - LRB103 39486 RPS 69682 b
3270	3270
3271	3271
3272	3272	SB3708- 91 -LRB103 39486 RPS 69682 b SB3708 - 91 - LRB103 39486 RPS 69682 b
3273	3273	SB3708 - 91 - LRB103 39486 RPS 69682 b
3274	3274	1 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
3275	3275	2 would have been contributed had such contributions been made
3276	3276	3 at the rates applicable to State policemen, plus (ii) interest
3277	3277	4 thereon at the actuarially assumed rate for each year,
3278	3278	5 compounded annually, from the date of service to the date of
3279	3279	6 payment.
3280	3280	7 Subject to the limitation in subsection (i), a
3281	3281	8 conservation police officer may elect to establish eligible
3282	3282	9 creditable service for up to 5 years of service as a person
3283	3283	10 employed by a participating municipality to perform police
3284	3284	11 duties under Article 7, a county corrections officer, or a
3285	3285	12 court services officer under Article 9 by filing a written
3286	3286	13 election with the Board within 6 months after July 30, 2021
3287	3287	14 (the effective date of Public Act 102-210) and paying to the
3288	3288	15 System an amount to be determined by the Board equal to (i) the
3289	3289	16 difference between the amount of employee and employer
3290	3290	17 contributions transferred to the System under Sections 7-139.8
3291	3291	18 and 9-121.10 and the amounts that would have been contributed
3292	3292	19 had such contributions been made at the rates applicable to
3293	3293	20 State policemen, plus (ii) interest thereon at the actuarially
3294	3294	21 assumed rate for each year, compounded annually, from the date
3295	3295	22 of service to the date of payment.
3296	3296	23 Subject to the limitation in subsection (i), an
3297	3297	24 investigator for the Department of Revenue, investigator for
3298	3298	25 the Illinois Gaming Board, investigator for the Secretary of
3299	3299	26 State, or arson investigator may elect to establish eligible
3300	3300
3301	3301
3302	3302
3303	3303
3304	3304
3305	3305	SB3708 - 91 - LRB103 39486 RPS 69682 b
3306	3306
3307	3307
3308	3308	SB3708- 92 -LRB103 39486 RPS 69682 b SB3708 - 92 - LRB103 39486 RPS 69682 b
3309	3309	SB3708 - 92 - LRB103 39486 RPS 69682 b
3310	3310	1 creditable service for up to 5 years of service as a person
3311	3311	2 employed by a participating municipality to perform police
3312	3312	3 duties under Article 7, a county corrections officer, a court
3313	3313	4 services officer under Article 9, or a firefighter under
3314	3314	5 Article 4 by filing a written election with the Board within 6
3315	3315	6 months after the effective date of this amendatory Act of the
3316	3316	7 102nd General Assembly and paying to the System an amount to be
3317	3317	8 determined by the Board equal to (i) the difference between
3318	3318	9 the amount of employee and employer contributions transferred
3319	3319	10 to the System under Sections 4-108.8, 7-139.8, and 9-121.10
3320	3320	11 and the amounts that would have been contributed had such
3321	3321	12 contributions been made at the rates applicable to State
3322	3322	13 policemen, plus (ii) interest thereon at the actuarially
3323	3323	14 assumed rate for each year, compounded annually, from the date
3324	3324	15 of service to the date of payment.
3325	3325	16 Notwithstanding the limitation in subsection (i), a State
3326	3326	17 policeman or conservation police officer may elect to convert
3327	3327	18 service credit earned under this Article to eligible
3328	3328	19 creditable service, as defined by this Section, by filing a
3329	3329	20 written election with the board within 6 months after July 30,
3330	3330	21 2021 (the effective date of Public Act 102-210) and paying to
3331	3331	22 the System an amount to be determined by the Board equal to (i)
3332	3332	23 the difference between the amount of employee contributions
3333	3333	24 originally paid for that service and the amounts that would
3334	3334	25 have been contributed had such contributions been made at the
3335	3335	26 rates applicable to State policemen, plus (ii) the difference
3336	3336
3337	3337
3338	3338
3339	3339
3340	3340
3341	3341	SB3708 - 92 - LRB103 39486 RPS 69682 b
3342	3342
3343	3343
3344	3344	SB3708- 93 -LRB103 39486 RPS 69682 b SB3708 - 93 - LRB103 39486 RPS 69682 b
3345	3345	SB3708 - 93 - LRB103 39486 RPS 69682 b
3346	3346	1 between the employer's normal cost of the credit prior to the
3347	3347	2 conversion authorized by Public Act 102-210 and the employer's
3348	3348	3 normal cost of the credit converted in accordance with Public
3349	3349	4 Act 102-210, plus (iii) interest thereon at the actuarially
3350	3350	5 assumed rate for each year, compounded annually, from the date
3351	3351	6 of service to the date of payment.
3352	3352	7 Notwithstanding the limitation in subsection (i), an
3353	3353	8 investigator for the Department of Revenue, investigator for
3354	3354	9 the Illinois Gaming Board, investigator for the Secretary of
3355	3355	10 State, or arson investigator may elect to convert service
3356	3356	11 credit earned under this Article to eligible creditable
3357	3357	12 service, as defined by this Section, by filing a written
3358	3358	13 election with the Board within 6 months after the effective
3359	3359	14 date of this amendatory Act of the 102nd General Assembly and
3360	3360	15 paying to the System an amount to be determined by the Board
3361	3361	16 equal to (i) the difference between the amount of employee
3362	3362	17 contributions originally paid for that service and the amounts
3363	3363	18 that would have been contributed had such contributions been
3364	3364	19 made at the rates applicable to investigators for the
3365	3365	20 Department of Revenue, investigators for the Illinois Gaming
3366	3366	21 Board, investigators for the Secretary of State, or arson
3367	3367	22 investigators, plus (ii) the difference between the employer's
3368	3368	23 normal cost of the credit prior to the conversion authorized
3369	3369	24 by this amendatory Act of the 102nd General Assembly and the
3370	3370	25 employer's normal cost of the credit converted in accordance
3371	3371	26 with this amendatory Act of the 102nd General Assembly, plus
3372	3372
3373	3373
3374	3374
3375	3375
3376	3376
3377	3377	SB3708 - 93 - LRB103 39486 RPS 69682 b
3378	3378
3379	3379
3380	3380	SB3708- 94 -LRB103 39486 RPS 69682 b SB3708 - 94 - LRB103 39486 RPS 69682 b
3381	3381	SB3708 - 94 - LRB103 39486 RPS 69682 b
3382	3382	1 (iii) interest thereon at the actuarially assumed rate for
3383	3383	2 each year, compounded annually, from the date of service to
3384	3384	3 the date of payment.
3385	3385	4 (i) The total amount of eligible creditable service
3386	3386	5 established by any person under subsections (g), (h), (j),
3387	3387	6 (k), (l), (l-5), and (o) of this Section shall not exceed 12
3388	3388	7 years.
3389	3389	8 (j) Subject to the limitation in subsection (i), an
3390	3390	9 investigator for the Office of the State's Attorneys Appellate
3391	3391	10 Prosecutor or a controlled substance inspector may elect to
3392	3392	11 establish eligible creditable service for up to 10 years of
3393	3393	12 his service as a policeman under Article 3 or a sheriff's law
3394	3394	13 enforcement employee under Article 7, by filing a written
3395	3395	14 election with the Board, accompanied by payment of an amount
3396	3396	15 to be determined by the Board, equal to (1) the difference
3397	3397	16 between the amount of employee and employer contributions
3398	3398	17 transferred to the System under Section 3-110.6 or 7-139.8,
3399	3399	18 and the amounts that would have been contributed had such
3400	3400	19 contributions been made at the rates applicable to State
3401	3401	20 policemen, plus (2) interest thereon at the effective rate for
3402	3402	21 each year, compounded annually, from the date of service to
3403	3403	22 the date of payment.
3404	3404	23 (k) Subject to the limitation in subsection (i) of this
3405	3405	24 Section, an alternative formula employee may elect to
3406	3406	25 establish eligible creditable service for periods spent as a
3407	3407	26 full-time law enforcement officer or full-time corrections
3408	3408
3409	3409
3410	3410
3411	3411
3412	3412
3413	3413	SB3708 - 94 - LRB103 39486 RPS 69682 b
3414	3414
3415	3415
3416	3416	SB3708- 95 -LRB103 39486 RPS 69682 b SB3708 - 95 - LRB103 39486 RPS 69682 b
3417	3417	SB3708 - 95 - LRB103 39486 RPS 69682 b
3418	3418	1 officer employed by the federal government or by a state or
3419	3419	2 local government located outside of Illinois, for which credit
3420	3420	3 is not held in any other public employee pension fund or
3421	3421	4 retirement system. To obtain this credit, the applicant must
3422	3422	5 file a written application with the Board by March 31, 1998,
3423	3423	6 accompanied by evidence of eligibility acceptable to the Board
3424	3424	7 and payment of an amount to be determined by the Board, equal
3425	3425	8 to (1) employee contributions for the credit being
3426	3426	9 established, based upon the applicant's salary on the first
3427	3427	10 day as an alternative formula employee after the employment
3428	3428	11 for which credit is being established and the rates then
3429	3429	12 applicable to alternative formula employees, plus (2) an
3430	3430	13 amount determined by the Board to be the employer's normal
3431	3431	14 cost of the benefits accrued for the credit being established,
3432	3432	15 plus (3) regular interest on the amounts in items (1) and (2)
3433	3433	16 from the first day as an alternative formula employee after
3434	3434	17 the employment for which credit is being established to the
3435	3435	18 date of payment.
3436	3436	19 (l) Subject to the limitation in subsection (i), a
3437	3437	20 security employee of the Department of Corrections may elect,
3438	3438	21 not later than July 1, 1998, to establish eligible creditable
3439	3439	22 service for up to 10 years of his or her service as a policeman
3440	3440	23 under Article 3, by filing a written election with the Board,
3441	3441	24 accompanied by payment of an amount to be determined by the
3442	3442	25 Board, equal to (i) the difference between the amount of
3443	3443	26 employee and employer contributions transferred to the System
3444	3444
3445	3445
3446	3446
3447	3447
3448	3448
3449	3449	SB3708 - 95 - LRB103 39486 RPS 69682 b
3450	3450
3451	3451
3452	3452	SB3708- 96 -LRB103 39486 RPS 69682 b SB3708 - 96 - LRB103 39486 RPS 69682 b
3453	3453	SB3708 - 96 - LRB103 39486 RPS 69682 b
3454	3454	1 under Section 3-110.5, and the amounts that would have been
3455	3455	2 contributed had such contributions been made at the rates
3456	3456	3 applicable to security employees of the Department of
3457	3457	4 Corrections, plus (ii) interest thereon at the effective rate
3458	3458	5 for each year, compounded annually, from the date of service
3459	3459	6 to the date of payment.
3460	3460	7 (l-5) Subject to the limitation in subsection (i) of this
3461	3461	8 Section, a State policeman may elect to establish eligible
3462	3462	9 creditable service for up to 5 years of service as a full-time
3463	3463	10 law enforcement officer employed by the federal government or
3464	3464	11 by a state or local government located outside of Illinois for
3465	3465	12 which credit is not held in any other public employee pension
3466	3466	13 fund or retirement system. To obtain this credit, the
3467	3467	14 applicant must file a written application with the Board no
3468	3468	15 later than 3 years after January 1, 2020 (the effective date of
3469	3469	16 Public Act 101-610), accompanied by evidence of eligibility
3470	3470	17 acceptable to the Board and payment of an amount to be
3471	3471	18 determined by the Board, equal to (1) employee contributions
3472	3472	19 for the credit being established, based upon the applicant's
3473	3473	20 salary on the first day as an alternative formula employee
3474	3474	21 after the employment for which credit is being established and
3475	3475	22 the rates then applicable to alternative formula employees,
3476	3476	23 plus (2) an amount determined by the Board to be the employer's
3477	3477	24 normal cost of the benefits accrued for the credit being
3478	3478	25 established, plus (3) regular interest on the amounts in items
3479	3479	26 (1) and (2) from the first day as an alternative formula
3480	3480
3481	3481
3482	3482
3483	3483
3484	3484
3485	3485	SB3708 - 96 - LRB103 39486 RPS 69682 b
3486	3486
3487	3487
3488	3488	SB3708- 97 -LRB103 39486 RPS 69682 b SB3708 - 97 - LRB103 39486 RPS 69682 b
3489	3489	SB3708 - 97 - LRB103 39486 RPS 69682 b
3490	3490	1 employee after the employment for which credit is being
3491	3491	2 established to the date of payment.
3492	3492	3 (m) The amendatory changes to this Section made by Public
3493	3493	4 Act 94-696 apply only to: (1) security employees of the
3494	3494	5 Department of Juvenile Justice employed by the Department of
3495	3495	6 Corrections before June 1, 2006 (the effective date of Public
3496	3496	7 Act 94-696) and transferred to the Department of Juvenile
3497	3497	8 Justice by Public Act 94-696; and (2) persons employed by the
3498	3498	9 Department of Juvenile Justice on or after June 1, 2006 (the
3499	3499	10 effective date of Public Act 94-696) who are required by
3500	3500	11 subsection (b) of Section 3-2.5-15 of the Unified Code of
3501	3501	12 Corrections to have any bachelor's or advanced degree from an
3502	3502	13 accredited college or university or, in the case of persons
3503	3503	14 who provide vocational training, who are required to have
3504	3504	15 adequate knowledge in the skill for which they are providing
3505	3505	16 the vocational training.
3506	3506	17 Beginning with the pay period that immediately follows the
3507	3507	18 effective date of this amendatory Act of the 103rd General
3508	3508	19 Assembly, the bachelor's or advanced degree requirement of
3509	3509	20 subsection (b) of Section 3-2.5-15 of the Unified Code of
3510	3510	21 Corrections shall no longer determine the eligibility to earn
3511	3511	22 eligible creditable service for a person employed by the
3512	3512	23 Department of Juvenile Justice.
3513	3513	24 An employee may elect to convert into eligible creditable
3514	3514	25 service his or her creditable service earned with the
3515	3515	26 Department of Juvenile Justice while employed in a position
3516	3516
3517	3517
3518	3518
3519	3519
3520	3520
3521	3521	SB3708 - 97 - LRB103 39486 RPS 69682 b
3522	3522
3523	3523
3524	3524	SB3708- 98 -LRB103 39486 RPS 69682 b SB3708 - 98 - LRB103 39486 RPS 69682 b
3525	3525	SB3708 - 98 - LRB103 39486 RPS 69682 b
3526	3526	1 that required the employee to do any one or more of the
3527	3527	2 following: (1) participate or assist in the rehabilitative and
3528	3528	3 vocational training of delinquent youths; (2) supervise the
3529	3529	4 daily activities and assume direct and continuing
3530	3530	5 responsibility for the youth's security, welfare, and
3531	3531	6 development; or (3) participate in the personal rehabilitation
3532	3532	7 of delinquent youth by training, supervising, and assisting
3533	3533	8 lower-level personnel. To convert that creditable service to
3534	3534	9 eligible creditable service, the employee must pay to the
3535	3535	10 System the difference between the employee contributions
3536	3536	11 actually paid for that service and the amounts that would have
3537	3537	12 been contributed if the applicant were contributing at the
3538	3538	13 rate applicable to persons with the same Social Security
3539	3539	14 status earning eligible creditable service on the date of
3540	3540	15 application.
3541	3541	16 (n) A person employed in a position under subsection (b)
3542	3542	17 of this Section who has purchased service credit under
3543	3543	18 subsection (j) of Section 14-104 or subsection (b) of Section
3544	3544	19 14-105 in any other capacity under this Article may convert up
3545	3545	20 to 5 years of that service credit into service credit covered
3546	3546	21 under this Section by paying to the Fund an amount equal to (1)
3547	3547	22 the additional employee contribution required under Section
3548	3548	23 14-133, plus (2) the additional employer contribution required
3549	3549	24 under Section 14-131, plus (3) interest on items (1) and (2) at
3550	3550	25 the actuarially assumed rate from the date of the service to
3551	3551	26 the date of payment.
3552	3552
3553	3553
3554	3554
3555	3555
3556	3556
3557	3557	SB3708 - 98 - LRB103 39486 RPS 69682 b
3558	3558
3559	3559
3560	3560	SB3708- 99 -LRB103 39486 RPS 69682 b SB3708 - 99 - LRB103 39486 RPS 69682 b
3561	3561	SB3708 - 99 - LRB103 39486 RPS 69682 b
3562	3562	1 (o) Subject to the limitation in subsection (i), a
3563	3563	2 conservation police officer, investigator for the Secretary of
3564	3564	3 State, Commerce Commission police officer, investigator for
3565	3565	4 the Department of Revenue or the Illinois Gaming Board, or
3566	3566	5 arson investigator subject to subsection (g) of Section 1-160
3567	3567	6 may elect to convert up to 8 years of service credit
3568	3568	7 established before January 1, 2020 (the effective date of
3569	3569	8 Public Act 101-610) as a conservation police officer,
3570	3570	9 investigator for the Secretary of State, Commerce Commission
3571	3571	10 police officer, investigator for the Department of Revenue or
3572	3572	11 the Illinois Gaming Board, or arson investigator under this
3573	3573	12 Article into eligible creditable service by filing a written
3574	3574	13 election with the Board no later than one year after January 1,
3575	3575	14 2020 (the effective date of Public Act 101-610), accompanied
3576	3576	15 by payment of an amount to be determined by the Board equal to
3577	3577	16 (i) the difference between the amount of the employee
3578	3578	17 contributions actually paid for that service and the amount of
3579	3579	18 the employee contributions that would have been paid had the
3580	3580	19 employee contributions been made as a noncovered employee
3581	3581	20 serving in a position in which eligible creditable service, as
3582	3582	21 defined in this Section, may be earned, plus (ii) interest
3583	3583	22 thereon at the effective rate for each year, compounded
3584	3584	23 annually, from the date of service to the date of payment.
3585	3585	24 (q) A security employee of the Department of Human
3586	3586	25 Services who is subject to subsection (g-1) of Section 1-160
3587	3587	26 may elect to convert up to 13 years of service credit
3588	3588
3589	3589
3590	3590
3591	3591
3592	3592
3593	3593	SB3708 - 99 - LRB103 39486 RPS 69682 b
3594	3594
3595	3595
3596	3596	SB3708- 100 -LRB103 39486 RPS 69682 b SB3708 - 100 - LRB103 39486 RPS 69682 b
3597	3597	SB3708 - 100 - LRB103 39486 RPS 69682 b
3598	3598	1 established before the effective date of this amendatory Act
3599	3599	2 of the 103rd General Assembly as a security employee of the
3600	3600	3 Department of Human Services to eligible creditable service by
3601	3601	4 filing a written election with the Board no later than one year
3602	3602	5 after the effective date of this amendatory Act of the 103rd
3603	3603	6 General Assembly, accompanied by payment of an amount, to be
3604	3604	7 determined by the Board, equal to (i) the difference between
3605	3605	8 the amount of the employee contributions actually paid for
3606	3606	9 that service and the amount of the employee contributions that
3607	3607	10 would have been paid had the employee contributions been made
3608	3608	11 as a covered employee serving in a position in which eligible
3609	3609	12 creditable service, as defined in this Section, may be earned,
3610	3610	13 plus (ii) interest thereon at the effective rate for each
3611	3611	14 year, compounded annually, from the date of service to the
3612	3612	15 date of payment.
3613	3613	16 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
3614	3614	17 102-856, eff. 1-1-23; 103-34, eff. 1-1-24.)
3615	3615	18 (Text of Section from P.A. 102-956 and 103-34)
3616	3616	19 Sec. 14-110. Alternative retirement annuity.
3617	3617	20 (a) Any member who has withdrawn from service with not
3618	3618	21 less than 20 years of eligible creditable service and has
3619	3619	22 attained age 55, and any member who has withdrawn from service
3620	3620	23 with not less than 25 years of eligible creditable service and
3621	3621	24 has attained age 50, regardless of whether the attainment of
3622	3622	25 either of the specified ages occurs while the member is still
3623	3623
3624	3624
3625	3625
3626	3626
3627	3627
3628	3628	SB3708 - 100 - LRB103 39486 RPS 69682 b
3629	3629
3630	3630
3631	3631	SB3708- 101 -LRB103 39486 RPS 69682 b SB3708 - 101 - LRB103 39486 RPS 69682 b
3632	3632	SB3708 - 101 - LRB103 39486 RPS 69682 b
3633	3633	1 in service, shall be entitled to receive at the option of the
3634	3634	2 member, in lieu of the regular or minimum retirement annuity,
3635	3635	3 a retirement annuity computed as follows:
3636	3636	4 (i) for periods of service as a noncovered employee:
3637	3637	5 if retirement occurs on or after January 1, 2001, 3% of
3638	3638	6 final average compensation for each year of creditable
3639	3639	7 service; if retirement occurs before January 1, 2001, 2
3640	3640	8 1/4% of final average compensation for each of the first
3641	3641	9 10 years of creditable service, 2 1/2% for each year above
3642	3642	10 10 years to and including 20 years of creditable service,
3643	3643	11 and 2 3/4% for each year of creditable service above 20
3644	3644	12 years; and
3645	3645	13 (ii) for periods of eligible creditable service as a
3646	3646	14 covered employee: if retirement occurs on or after January
3647	3647	15 1, 2001, 2.5% of final average compensation for each year
3648	3648	16 of creditable service; if retirement occurs before January
3649	3649	17 1, 2001, 1.67% of final average compensation for each of
3650	3650	18 the first 10 years of such service, 1.90% for each of the
3651	3651	19 next 10 years of such service, 2.10% for each year of such
3652	3652	20 service in excess of 20 but not exceeding 30, and 2.30% for
3653	3653	21 each year in excess of 30.
3654	3654	22 Such annuity shall be subject to a maximum of 75% of final
3655	3655	23 average compensation if retirement occurs before January 1,
3656	3656	24 2001 or to a maximum of 80% of final average compensation if
3657	3657	25 retirement occurs on or after January 1, 2001.
3658	3658	26 These rates shall not be applicable to any service
3659	3659
3660	3660
3661	3661
3662	3662
3663	3663
3664	3664	SB3708 - 101 - LRB103 39486 RPS 69682 b
3665	3665
3666	3666
3667	3667	SB3708- 102 -LRB103 39486 RPS 69682 b SB3708 - 102 - LRB103 39486 RPS 69682 b
3668	3668	SB3708 - 102 - LRB103 39486 RPS 69682 b
3669	3669	1 performed by a member as a covered employee which is not
3670	3670	2 eligible creditable service. Service as a covered employee
3671	3671	3 which is not eligible creditable service shall be subject to
3672	3672	4 the rates and provisions of Section 14-108.
3673	3673	5 (b) For the purpose of this Section, "eligible creditable
3674	3674	6 service" means creditable service resulting from service in
3675	3675	7 one or more of the following positions:
3676	3676	8 (1) State policeman;
3677	3677	9 (2) fire fighter in the fire protection service of a
3678	3678	10 department;
3679	3679	11 (3) air pilot;
3680	3680	12 (4) special agent;
3681	3681	13 (5) investigator for the Secretary of State;
3682	3682	14 (6) conservation police officer;
3683	3683	15 (7) investigator for the Department of Revenue or the
3684	3684	16 Illinois Gaming Board;
3685	3685	17 (8) security employee of the Department of Human
3686	3686	18 Services;
3687	3687	19 (9) Central Management Services security police
3688	3688	20 officer;
3689	3689	21 (10) security employee of the Department of
3690	3690	22 Corrections or the Department of Juvenile Justice;
3691	3691	23 (11) dangerous drugs investigator;
3692	3692	24 (12) investigator for the Illinois State Police;
3693	3693	25 (13) investigator for the Office of the Attorney
3694	3694	26 General;
3695	3695
3696	3696
3697	3697
3698	3698
3699	3699
3700	3700	SB3708 - 102 - LRB103 39486 RPS 69682 b
3701	3701
3702	3702
3703	3703	SB3708- 103 -LRB103 39486 RPS 69682 b SB3708 - 103 - LRB103 39486 RPS 69682 b
3704	3704	SB3708 - 103 - LRB103 39486 RPS 69682 b
3705	3705	1 (14) controlled substance inspector;
3706	3706	2 (15) investigator for the Office of the State's
3707	3707	3 Attorneys Appellate Prosecutor;
3708	3708	4 (16) Commerce Commission police officer;
3709	3709	5 (17) arson investigator;
3710	3710	6 (18) State highway maintenance worker;
3711	3711	7 (19) security employee of the Department of Innovation
3712	3712	8 and Technology; or
3713	3713	9 (20) transferred employee; or .
3714	3714	10 (21) investigator for the Department of the Lottery.
3715	3715	11 A person employed in one of the positions specified in
3716	3716	12 this subsection is entitled to eligible creditable service for
3717	3717	13 service credit earned under this Article while undergoing the
3718	3718	14 basic police training course approved by the Illinois Law
3719	3719	15 Enforcement Training Standards Board, if completion of that
3720	3720	16 training is required of persons serving in that position. For
3721	3721	17 the purposes of this Code, service during the required basic
3722	3722	18 police training course shall be deemed performance of the
3723	3723	19 duties of the specified position, even though the person is
3724	3724	20 not a sworn peace officer at the time of the training.
3725	3725	21 A person under paragraph (20) is entitled to eligible
3726	3726	22 creditable service for service credit earned under this
3727	3727	23 Article on and after his or her transfer by Executive Order No.
3728	3728	24 2003-10, Executive Order No. 2004-2, or Executive Order No.
3729	3729	25 2016-1.
3730	3730	26 (c) For the purposes of this Section:
3731	3731
3732	3732
3733	3733
3734	3734
3735	3735
3736	3736	SB3708 - 103 - LRB103 39486 RPS 69682 b
3737	3737
3738	3738
3739	3739	SB3708- 104 -LRB103 39486 RPS 69682 b SB3708 - 104 - LRB103 39486 RPS 69682 b
3740	3740	SB3708 - 104 - LRB103 39486 RPS 69682 b
3741	3741	1 (1) The term "State policeman" includes any title or
3742	3742	2 position in the Illinois State Police that is held by an
3743	3743	3 individual employed under the Illinois State Police Act.
3744	3744	4 (2) The term "fire fighter in the fire protection
3745	3745	5 service of a department" includes all officers in such
3746	3746	6 fire protection service including fire chiefs and
3747	3747	7 assistant fire chiefs.
3748	3748	8 (3) The term "air pilot" includes any employee whose
3749	3749	9 official job description on file in the Department of
3750	3750	10 Central Management Services, or in the department by which
3751	3751	11 he is employed if that department is not covered by the
3752	3752	12 Personnel Code, states that his principal duty is the
3753	3753	13 operation of aircraft, and who possesses a pilot's
3754	3754	14 license; however, the change in this definition made by
3755	3755	15 Public Act 83-842 shall not operate to exclude any
3756	3756	16 noncovered employee who was an "air pilot" for the
3757	3757	17 purposes of this Section on January 1, 1984.
3758	3758	18 (4) The term "special agent" means any person who by
3759	3759	19 reason of employment by the Division of Narcotic Control,
3760	3760	20 the Bureau of Investigation or, after July 1, 1977, the
3761	3761	21 Division of Criminal Investigation, the Division of
3762	3762	22 Internal Investigation, the Division of Operations, the
3763	3763	23 Division of Patrol, or any other Division or
3764	3764	24 organizational entity in the Illinois State Police is
3765	3765	25 vested by law with duties to maintain public order,
3766	3766	26 investigate violations of the criminal law of this State,
3767	3767
3768	3768
3769	3769
3770	3770
3771	3771
3772	3772	SB3708 - 104 - LRB103 39486 RPS 69682 b
3773	3773
3774	3774
3775	3775	SB3708- 105 -LRB103 39486 RPS 69682 b SB3708 - 105 - LRB103 39486 RPS 69682 b
3776	3776	SB3708 - 105 - LRB103 39486 RPS 69682 b
3777	3777	1 enforce the laws of this State, make arrests and recover
3778	3778	2 property. The term "special agent" includes any title or
3779	3779	3 position in the Illinois State Police that is held by an
3780	3780	4 individual employed under the Illinois State Police Act.
3781	3781	5 (5) The term "investigator for the Secretary of State"
3782	3782	6 means any person employed by the Office of the Secretary
3783	3783	7 of State and vested with such investigative duties as
3784	3784	8 render him ineligible for coverage under the Social
3785	3785	9 Security Act by reason of Sections 218(d)(5)(A),
3786	3786	10 218(d)(8)(D) and 218(l)(1) of that Act.
3787	3787	11 A person who became employed as an investigator for
3788	3788	12 the Secretary of State between January 1, 1967 and
3789	3789	13 December 31, 1975, and who has served as such until
3790	3790	14 attainment of age 60, either continuously or with a single
3791	3791	15 break in service of not more than 3 years duration, which
3792	3792	16 break terminated before January 1, 1976, shall be entitled
3793	3793	17 to have his retirement annuity calculated in accordance
3794	3794	18 with subsection (a), notwithstanding that he has less than
3795	3795	19 20 years of credit for such service.
3796	3796	20 (6) The term "Conservation Police Officer" means any
3797	3797	21 person employed by the Division of Law Enforcement of the
3798	3798	22 Department of Natural Resources and vested with such law
3799	3799	23 enforcement duties as render him ineligible for coverage
3800	3800	24 under the Social Security Act by reason of Sections
3801	3801	25 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
3802	3802	26 term "Conservation Police Officer" includes the positions
3803	3803
3804	3804
3805	3805
3806	3806
3807	3807
3808	3808	SB3708 - 105 - LRB103 39486 RPS 69682 b
3809	3809
3810	3810
3811	3811	SB3708- 106 -LRB103 39486 RPS 69682 b SB3708 - 106 - LRB103 39486 RPS 69682 b
3812	3812	SB3708 - 106 - LRB103 39486 RPS 69682 b
3813	3813	1 of Chief Conservation Police Administrator and Assistant
3814	3814	2 Conservation Police Administrator.
3815	3815	3 (7) The term "investigator for the Department of
3816	3816	4 Revenue" means any person employed by the Department of
3817	3817	5 Revenue and vested with such investigative duties as
3818	3818	6 render him ineligible for coverage under the Social
3819	3819	7 Security Act by reason of Sections 218(d)(5)(A),
3820	3820	8 218(d)(8)(D) and 218(l)(1) of that Act.
3821	3821	9 The term "investigator for the Illinois Gaming Board"
3822	3822	10 means any person employed as such by the Illinois Gaming
3823	3823	11 Board and vested with such peace officer duties as render
3824	3824	12 the person ineligible for coverage under the Social
3825	3825	13 Security Act by reason of Sections 218(d)(5)(A),
3826	3826	14 218(d)(8)(D), and 218(l)(1) of that Act.
3827	3827	15 (8) The term "security employee of the Department of
3828	3828	16 Human Services" means any person employed by the
3829	3829	17 Department of Human Services who (i) is employed at the
3830	3830	18 Chester Mental Health Center and has daily contact with
3831	3831	19 the residents thereof, (ii) is employed within a security
3832	3832	20 unit at a facility operated by the Department and has
3833	3833	21 daily contact with the residents of the security unit,
3834	3834	22 (iii) is employed at a facility operated by the Department
3835	3835	23 that includes a security unit and is regularly scheduled
3836	3836	24 to work at least 50% of his or her working hours within
3837	3837	25 that security unit, or (iv) is a mental health police
3838	3838	26 officer. "Mental health police officer" means any person
3839	3839
3840	3840
3841	3841
3842	3842
3843	3843
3844	3844	SB3708 - 106 - LRB103 39486 RPS 69682 b
3845	3845
3846	3846
3847	3847	SB3708- 107 -LRB103 39486 RPS 69682 b SB3708 - 107 - LRB103 39486 RPS 69682 b
3848	3848	SB3708 - 107 - LRB103 39486 RPS 69682 b
3849	3849	1 employed by the Department of Human Services in a position
3850	3850	2 pertaining to the Department's mental health and
3851	3851	3 developmental disabilities functions who is vested with
3852	3852	4 such law enforcement duties as render the person
3853	3853	5 ineligible for coverage under the Social Security Act by
3854	3854	6 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
3855	3855	7 218(l)(1) of that Act. "Security unit" means that portion
3856	3856	8 of a facility that is devoted to the care, containment,
3857	3857	9 and treatment of persons committed to the Department of
3858	3858	10 Human Services as sexually violent persons, persons unfit
3859	3859	11 to stand trial, or persons not guilty by reason of
3860	3860	12 insanity. With respect to past employment, references to
3861	3861	13 the Department of Human Services include its predecessor,
3862	3862	14 the Department of Mental Health and Developmental
3863	3863	15 Disabilities.
3864	3864	16 The changes made to this subdivision (c)(8) by Public
3865	3865	17 Act 92-14 apply to persons who retire on or after January
3866	3866	18 1, 2001, notwithstanding Section 1-103.1.
3867	3867	19 (9) "Central Management Services security police
3868	3868	20 officer" means any person employed by the Department of
3869	3869	21 Central Management Services who is vested with such law
3870	3870	22 enforcement duties as render him ineligible for coverage
3871	3871	23 under the Social Security Act by reason of Sections
3872	3872	24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
3873	3873	25 (10) For a member who first became an employee under
3874	3874	26 this Article before July 1, 2005, the term "security
3875	3875
3876	3876
3877	3877
3878	3878
3879	3879
3880	3880	SB3708 - 107 - LRB103 39486 RPS 69682 b
3881	3881
3882	3882
3883	3883	SB3708- 108 -LRB103 39486 RPS 69682 b SB3708 - 108 - LRB103 39486 RPS 69682 b
3884	3884	SB3708 - 108 - LRB103 39486 RPS 69682 b
3885	3885	1 employee of the Department of Corrections or the
3886	3886	2 Department of Juvenile Justice" means any employee of the
3887	3887	3 Department of Corrections or the Department of Juvenile
3888	3888	4 Justice or the former Department of Personnel, and any
3889	3889	5 member or employee of the Prisoner Review Board, who has
3890	3890	6 daily contact with inmates or youth by working within a
3891	3891	7 correctional facility or Juvenile facility operated by the
3892	3892	8 Department of Juvenile Justice or who is a parole officer
3893	3893	9 or an employee who has direct contact with committed
3894	3894	10 persons in the performance of his or her job duties. For a
3895	3895	11 member who first becomes an employee under this Article on
3896	3896	12 or after July 1, 2005, the term means an employee of the
3897	3897	13 Department of Corrections or the Department of Juvenile
3898	3898	14 Justice who is any of the following: (i) officially
3899	3899	15 headquartered at a correctional facility or Juvenile
3900	3900	16 facility operated by the Department of Juvenile Justice,
3901	3901	17 (ii) a parole officer, (iii) a member of the apprehension
3902	3902	18 unit, (iv) a member of the intelligence unit, (v) a member
3903	3903	19 of the sort team, or (vi) an investigator.
3904	3904	20 (11) The term "dangerous drugs investigator" means any
3905	3905	21 person who is employed as such by the Department of Human
3906	3906	22 Services.
3907	3907	23 (12) The term "investigator for the Illinois State
3908	3908	24 Police" means a person employed by the Illinois State
3909	3909	25 Police who is vested under Section 4 of the Narcotic
3910	3910	26 Control Division Abolition Act with such law enforcement
3911	3911
3912	3912
3913	3913
3914	3914
3915	3915
3916	3916	SB3708 - 108 - LRB103 39486 RPS 69682 b
3917	3917
3918	3918
3919	3919	SB3708- 109 -LRB103 39486 RPS 69682 b SB3708 - 109 - LRB103 39486 RPS 69682 b
3920	3920	SB3708 - 109 - LRB103 39486 RPS 69682 b
3921	3921	1 powers as render him ineligible for coverage under the
3922	3922	2 Social Security Act by reason of Sections 218(d)(5)(A),
3923	3923	3 218(d)(8)(D) and 218(l)(1) of that Act.
3924	3924	4 (13) "Investigator for the Office of the Attorney
3925	3925	5 General" means any person who is employed as such by the
3926	3926	6 Office of the Attorney General and is vested with such
3927	3927	7 investigative duties as render him ineligible for coverage
3928	3928	8 under the Social Security Act by reason of Sections
3929	3929	9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
3930	3930	10 the period before January 1, 1989, the term includes all
3931	3931	11 persons who were employed as investigators by the Office
3932	3932	12 of the Attorney General, without regard to social security
3933	3933	13 status.
3934	3934	14 (14) "Controlled substance inspector" means any person
3935	3935	15 who is employed as such by the Department of Professional
3936	3936	16 Regulation and is vested with such law enforcement duties
3937	3937	17 as render him ineligible for coverage under the Social
3938	3938	18 Security Act by reason of Sections 218(d)(5)(A),
3939	3939	19 218(d)(8)(D) and 218(l)(1) of that Act. The term
3940	3940	20 "controlled substance inspector" includes the Program
3941	3941	21 Executive of Enforcement and the Assistant Program
3942	3942	22 Executive of Enforcement.
3943	3943	23 (15) The term "investigator for the Office of the
3944	3944	24 State's Attorneys Appellate Prosecutor" means a person
3945	3945	25 employed in that capacity on a full-time basis under the
3946	3946	26 authority of Section 7.06 of the State's Attorneys
3947	3947
3948	3948
3949	3949
3950	3950
3951	3951
3952	3952	SB3708 - 109 - LRB103 39486 RPS 69682 b
3953	3953
3954	3954
3955	3955	SB3708- 110 -LRB103 39486 RPS 69682 b SB3708 - 110 - LRB103 39486 RPS 69682 b
3956	3956	SB3708 - 110 - LRB103 39486 RPS 69682 b
3957	3957	1 Appellate Prosecutor's Act.
3958	3958	2 (16) "Commerce Commission police officer" means any
3959	3959	3 person employed by the Illinois Commerce Commission who is
3960	3960	4 vested with such law enforcement duties as render him
3961	3961	5 ineligible for coverage under the Social Security Act by
3962	3962	6 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
3963	3963	7 218(l)(1) of that Act.
3964	3964	8 (17) "Arson investigator" means any person who is
3965	3965	9 employed as such by the Office of the State Fire Marshal
3966	3966	10 and is vested with such law enforcement duties as render
3967	3967	11 the person ineligible for coverage under the Social
3968	3968	12 Security Act by reason of Sections 218(d)(5)(A),
3969	3969	13 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
3970	3970	14 employed as an arson investigator on January 1, 1995 and
3971	3971	15 is no longer in service but not yet receiving a retirement
3972	3972	16 annuity may convert his or her creditable service for
3973	3973	17 employment as an arson investigator into eligible
3974	3974	18 creditable service by paying to the System the difference
3975	3975	19 between the employee contributions actually paid for that
3976	3976	20 service and the amounts that would have been contributed
3977	3977	21 if the applicant were contributing at the rate applicable
3978	3978	22 to persons with the same social security status earning
3979	3979	23 eligible creditable service on the date of application.
3980	3980	24 (18) The term "State highway maintenance worker" means
3981	3981	25 a person who is either of the following:
3982	3982	26 (i) A person employed on a full-time basis by the
3983	3983
3984	3984
3985	3985
3986	3986
3987	3987
3988	3988	SB3708 - 110 - LRB103 39486 RPS 69682 b
3989	3989
3990	3990
3991	3991	SB3708- 111 -LRB103 39486 RPS 69682 b SB3708 - 111 - LRB103 39486 RPS 69682 b
3992	3992	SB3708 - 111 - LRB103 39486 RPS 69682 b
3993	3993	1 Illinois Department of Transportation in the position
3994	3994	2 of highway maintainer, highway maintenance lead
3995	3995	3 worker, highway maintenance lead/lead worker, heavy
3996	3996	4 construction equipment operator, power shovel
3997	3997	5 operator, or bridge mechanic; and whose principal
3998	3998	6 responsibility is to perform, on the roadway, the
3999	3999	7 actual maintenance necessary to keep the highways that
4000	4000	8 form a part of the State highway system in serviceable
4001	4001	9 condition for vehicular traffic.
4002	4002	10 (ii) A person employed on a full-time basis by the
4003	4003	11 Illinois State Toll Highway Authority in the position
4004	4004	12 of equipment operator/laborer H-4, equipment
4005	4005	13 operator/laborer H-6, welder H-4, welder H-6,
4006	4006	14 mechanical/electrical H-4, mechanical/electrical H-6,
4007	4007	15 water/sewer H-4, water/sewer H-6, sign maker/hanger
4008	4008	16 H-4, sign maker/hanger H-6, roadway lighting H-4,
4009	4009	17 roadway lighting H-6, structural H-4, structural H-6,
4010	4010	18 painter H-4, or painter H-6; and whose principal
4011	4011	19 responsibility is to perform, on the roadway, the
4012	4012	20 actual maintenance necessary to keep the Authority's
4013	4013	21 tollways in serviceable condition for vehicular
4014	4014	22 traffic.
4015	4015	23 (19) The term "security employee of the Department of
4016	4016	24 Innovation and Technology" means a person who was a
4017	4017	25 security employee of the Department of Corrections or the
4018	4018	26 Department of Juvenile Justice, was transferred to the
4019	4019
4020	4020
4021	4021
4022	4022
4023	4023
4024	4024	SB3708 - 111 - LRB103 39486 RPS 69682 b
4025	4025
4026	4026
4027	4027	SB3708- 112 -LRB103 39486 RPS 69682 b SB3708 - 112 - LRB103 39486 RPS 69682 b
4028	4028	SB3708 - 112 - LRB103 39486 RPS 69682 b
4029	4029	1 Department of Innovation and Technology pursuant to
4030	4030	2 Executive Order 2016-01, and continues to perform similar
4031	4031	3 job functions under that Department.
4032	4032	4 (20) "Transferred employee" means an employee who was
4033	4033	5 transferred to the Department of Central Management
4034	4034	6 Services by Executive Order No. 2003-10 or Executive Order
4035	4035	7 No. 2004-2 or transferred to the Department of Innovation
4036	4036	8 and Technology by Executive Order No. 2016-1, or both, and
4037	4037	9 was entitled to eligible creditable service for services
4038	4038	10 immediately preceding the transfer.
4039	4039	11 (21) "Investigator for the Department of the Lottery"
4040	4040	12 means any person who is employed by the Department of the
4041	4041	13 Lottery and is vested with such investigative duties which
4042	4042	14 render him or her ineligible for coverage under the Social
4043	4043	15 Security Act by reason of Sections 218(d)(5)(A),
4044	4044	16 218(d)(8)(D), and 218(l)(1) of that Act. An investigator
4045	4045	17 for the Department of the Lottery who qualifies under this
4046	4046	18 Section shall earn eligible creditable service and be
4047	4047	19 required to make contributions at the rate specified in
4048	4048	20 paragraph (3) of subsection (a) of Section 14-133 for all
4049	4049	21 periods of service as an investigator for the Department
4050	4050	22 of the Lottery.
4051	4051	23 (d) A security employee of the Department of Corrections
4052	4052	24 or the Department of Juvenile Justice, a security employee of
4053	4053	25 the Department of Human Services who is not a mental health
4054	4054	26 police officer, and a security employee of the Department of
4055	4055
4056	4056
4057	4057
4058	4058
4059	4059
4060	4060	SB3708 - 112 - LRB103 39486 RPS 69682 b
4061	4061
4062	4062
4063	4063	SB3708- 113 -LRB103 39486 RPS 69682 b SB3708 - 113 - LRB103 39486 RPS 69682 b
4064	4064	SB3708 - 113 - LRB103 39486 RPS 69682 b
4065	4065	1 Innovation and Technology shall not be eligible for the
4066	4066	2 alternative retirement annuity provided by this Section unless
4067	4067	3 he or she meets the following minimum age and service
4068	4068	4 requirements at the time of retirement:
4069	4069	5 (i) 25 years of eligible creditable service and age
4070	4070	6 55; or
4071	4071	7 (ii) beginning January 1, 1987, 25 years of eligible
4072	4072	8 creditable service and age 54, or 24 years of eligible
4073	4073	9 creditable service and age 55; or
4074	4074	10 (iii) beginning January 1, 1988, 25 years of eligible
4075	4075	11 creditable service and age 53, or 23 years of eligible
4076	4076	12 creditable service and age 55; or
4077	4077	13 (iv) beginning January 1, 1989, 25 years of eligible
4078	4078	14 creditable service and age 52, or 22 years of eligible
4079	4079	15 creditable service and age 55; or
4080	4080	16 (v) beginning January 1, 1990, 25 years of eligible
4081	4081	17 creditable service and age 51, or 21 years of eligible
4082	4082	18 creditable service and age 55; or
4083	4083	19 (vi) beginning January 1, 1991, 25 years of eligible
4084	4084	20 creditable service and age 50, or 20 years of eligible
4085	4085	21 creditable service and age 55.
4086	4086	22 Persons who have service credit under Article 16 of this
4087	4087	23 Code for service as a security employee of the Department of
4088	4088	24 Corrections or the Department of Juvenile Justice, or the
4089	4089	25 Department of Human Services in a position requiring
4090	4090	26 certification as a teacher may count such service toward
4091	4091
4092	4092
4093	4093
4094	4094
4095	4095
4096	4096	SB3708 - 113 - LRB103 39486 RPS 69682 b
4097	4097
4098	4098
4099	4099	SB3708- 114 -LRB103 39486 RPS 69682 b SB3708 - 114 - LRB103 39486 RPS 69682 b
4100	4100	SB3708 - 114 - LRB103 39486 RPS 69682 b
4101	4101	1 establishing their eligibility under the service requirements
4102	4102	2 of this Section; but such service may be used only for
4103	4103	3 establishing such eligibility, and not for the purpose of
4104	4104	4 increasing or calculating any benefit.
4105	4105	5 (e) If a member enters military service while working in a
4106	4106	6 position in which eligible creditable service may be earned,
4107	4107	7 and returns to State service in the same or another such
4108	4108	8 position, and fulfills in all other respects the conditions
4109	4109	9 prescribed in this Article for credit for military service,
4110	4110	10 such military service shall be credited as eligible creditable
4111	4111	11 service for the purposes of the retirement annuity prescribed
4112	4112	12 in this Section.
4113	4113	13 (f) For purposes of calculating retirement annuities under
4114	4114	14 this Section, periods of service rendered after December 31,
4115	4115	15 1968 and before October 1, 1975 as a covered employee in the
4116	4116	16 position of special agent, conservation police officer, mental
4117	4117	17 health police officer, or investigator for the Secretary of
4118	4118	18 State, shall be deemed to have been service as a noncovered
4119	4119	19 employee, provided that the employee pays to the System prior
4120	4120	20 to retirement an amount equal to (1) the difference between
4121	4121	21 the employee contributions that would have been required for
4122	4122	22 such service as a noncovered employee, and the amount of
4123	4123	23 employee contributions actually paid, plus (2) if payment is
4124	4124	24 made after July 31, 1987, regular interest on the amount
4125	4125	25 specified in item (1) from the date of service to the date of
4126	4126	26 payment.
4127	4127
4128	4128
4129	4129
4130	4130
4131	4131
4132	4132	SB3708 - 114 - LRB103 39486 RPS 69682 b
4133	4133
4134	4134
4135	4135	SB3708- 115 -LRB103 39486 RPS 69682 b SB3708 - 115 - LRB103 39486 RPS 69682 b
4136	4136	SB3708 - 115 - LRB103 39486 RPS 69682 b
4137	4137	1 For purposes of calculating retirement annuities under
4138	4138	2 this Section, periods of service rendered after December 31,
4139	4139	3 1968 and before January 1, 1982 as a covered employee in the
4140	4140	4 position of investigator for the Department of Revenue shall
4141	4141	5 be deemed to have been service as a noncovered employee,
4142	4142	6 provided that the employee pays to the System prior to
4143	4143	7 retirement an amount equal to (1) the difference between the
4144	4144	8 employee contributions that would have been required for such
4145	4145	9 service as a noncovered employee, and the amount of employee
4146	4146	10 contributions actually paid, plus (2) if payment is made after
4147	4147	11 January 1, 1990, regular interest on the amount specified in
4148	4148	12 item (1) from the date of service to the date of payment.
4149	4149	13 (g) A State policeman may elect, not later than January 1,
4150	4150	14 1990, to establish eligible creditable service for up to 10
4151	4151	15 years of his service as a policeman under Article 3, by filing
4152	4152	16 a written election with the Board, accompanied by payment of
4153	4153	17 an amount to be determined by the Board, equal to (i) the
4154	4154	18 difference between the amount of employee and employer
4155	4155	19 contributions transferred to the System under Section 3-110.5,
4156	4156	20 and the amounts that would have been contributed had such
4157	4157	21 contributions been made at the rates applicable to State
4158	4158	22 policemen, plus (ii) interest thereon at the effective rate
4159	4159	23 for each year, compounded annually, from the date of service
4160	4160	24 to the date of payment.
4161	4161	25 Subject to the limitation in subsection (i), a State
4162	4162	26 policeman may elect, not later than July 1, 1993, to establish
4163	4163
4164	4164
4165	4165
4166	4166
4167	4167
4168	4168	SB3708 - 115 - LRB103 39486 RPS 69682 b
4169	4169
4170	4170
4171	4171	SB3708- 116 -LRB103 39486 RPS 69682 b SB3708 - 116 - LRB103 39486 RPS 69682 b
4172	4172	SB3708 - 116 - LRB103 39486 RPS 69682 b
4173	4173	1 eligible creditable service for up to 10 years of his service
4174	4174	2 as a member of the County Police Department under Article 9, by
4175	4175	3 filing a written election with the Board, accompanied by
4176	4176	4 payment of an amount to be determined by the Board, equal to
4177	4177	5 (i) the difference between the amount of employee and employer
4178	4178	6 contributions transferred to the System under Section 9-121.10
4179	4179	7 and the amounts that would have been contributed had those
4180	4180	8 contributions been made at the rates applicable to State
4181	4181	9 policemen, plus (ii) interest thereon at the effective rate
4182	4182	10 for each year, compounded annually, from the date of service
4183	4183	11 to the date of payment.
4184	4184	12 (h) Subject to the limitation in subsection (i), a State
4185	4185	13 policeman or investigator for the Secretary of State may elect
4186	4186	14 to establish eligible creditable service for up to 12 years of
4187	4187	15 his service as a policeman under Article 5, by filing a written
4188	4188	16 election with the Board on or before January 31, 1992, and
4189	4189	17 paying to the System by January 31, 1994 an amount to be
4190	4190	18 determined by the Board, equal to (i) the difference between
4191	4191	19 the amount of employee and employer contributions transferred
4192	4192	20 to the System under Section 5-236, and the amounts that would
4193	4193	21 have been contributed had such contributions been made at the
4194	4194	22 rates applicable to State policemen, plus (ii) interest
4195	4195	23 thereon at the effective rate for each year, compounded
4196	4196	24 annually, from the date of service to the date of payment.
4197	4197	25 Subject to the limitation in subsection (i), a State
4198	4198	26 policeman, conservation police officer, or investigator for
4199	4199
4200	4200
4201	4201
4202	4202
4203	4203
4204	4204	SB3708 - 116 - LRB103 39486 RPS 69682 b
4205	4205
4206	4206
4207	4207	SB3708- 117 -LRB103 39486 RPS 69682 b SB3708 - 117 - LRB103 39486 RPS 69682 b
4208	4208	SB3708 - 117 - LRB103 39486 RPS 69682 b
4209	4209	1 the Secretary of State may elect to establish eligible
4210	4210	2 creditable service for up to 10 years of service as a sheriff's
4211	4211	3 law enforcement employee under Article 7, by filing a written
4212	4212	4 election with the Board on or before January 31, 1993, and
4213	4213	5 paying to the System by January 31, 1994 an amount to be
4214	4214	6 determined by the Board, equal to (i) the difference between
4215	4215	7 the amount of employee and employer contributions transferred
4216	4216	8 to the System under Section 7-139.7, and the amounts that
4217	4217	9 would have been contributed had such contributions been made
4218	4218	10 at the rates applicable to State policemen, plus (ii) interest
4219	4219	11 thereon at the effective rate for each year, compounded
4220	4220	12 annually, from the date of service to the date of payment.
4221	4221	13 Subject to the limitation in subsection (i), a State
4222	4222	14 policeman, conservation police officer, or investigator for
4223	4223	15 the Secretary of State may elect to establish eligible
4224	4224	16 creditable service for up to 5 years of service as a police
4225	4225	17 officer under Article 3, a policeman under Article 5, a
4226	4226	18 sheriff's law enforcement employee under Article 7, a member
4227	4227	19 of the county police department under Article 9, or a police
4228	4228	20 officer under Article 15 by filing a written election with the
4229	4229	21 Board and paying to the System an amount to be determined by
4230	4230	22 the Board, equal to (i) the difference between the amount of
4231	4231	23 employee and employer contributions transferred to the System
4232	4232	24 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
4233	4233	25 and the amounts that would have been contributed had such
4234	4234	26 contributions been made at the rates applicable to State
4235	4235
4236	4236
4237	4237
4238	4238
4239	4239
4240	4240	SB3708 - 117 - LRB103 39486 RPS 69682 b
4241	4241
4242	4242
4243	4243	SB3708- 118 -LRB103 39486 RPS 69682 b SB3708 - 118 - LRB103 39486 RPS 69682 b
4244	4244	SB3708 - 118 - LRB103 39486 RPS 69682 b
4245	4245	1 policemen, plus (ii) interest thereon at the effective rate
4246	4246	2 for each year, compounded annually, from the date of service
4247	4247	3 to the date of payment.
4248	4248	4 Subject to the limitation in subsection (i), an
4249	4249	5 investigator for the Office of the Attorney General, or an
4250	4250	6 investigator for the Department of Revenue, may elect to
4251	4251	7 establish eligible creditable service for up to 5 years of
4252	4252	8 service as a police officer under Article 3, a policeman under
4253	4253	9 Article 5, a sheriff's law enforcement employee under Article
4254	4254	10 7, or a member of the county police department under Article 9
4255	4255	11 by filing a written election with the Board within 6 months
4256	4256	12 after August 25, 2009 (the effective date of Public Act
4257	4257	13 96-745) and paying to the System an amount to be determined by
4258	4258	14 the Board, equal to (i) the difference between the amount of
4259	4259	15 employee and employer contributions transferred to the System
4260	4260	16 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
4261	4261	17 amounts that would have been contributed had such
4262	4262	18 contributions been made at the rates applicable to State
4263	4263	19 policemen, plus (ii) interest thereon at the actuarially
4264	4264	20 assumed rate for each year, compounded annually, from the date
4265	4265	21 of service to the date of payment.
4266	4266	22 Subject to the limitation in subsection (i), a State
4267	4267	23 policeman, conservation police officer, investigator for the
4268	4268	24 Office of the Attorney General, an investigator for the
4269	4269	25 Department of Revenue, or investigator for the Secretary of
4270	4270	26 State may elect to establish eligible creditable service for
4271	4271
4272	4272
4273	4273
4274	4274
4275	4275
4276	4276	SB3708 - 118 - LRB103 39486 RPS 69682 b
4277	4277
4278	4278
4279	4279	SB3708- 119 -LRB103 39486 RPS 69682 b SB3708 - 119 - LRB103 39486 RPS 69682 b
4280	4280	SB3708 - 119 - LRB103 39486 RPS 69682 b
4281	4281	1 up to 5 years of service as a person employed by a
4282	4282	2 participating municipality to perform police duties, or law
4283	4283	3 enforcement officer employed on a full-time basis by a forest
4284	4284	4 preserve district under Article 7, a county corrections
4285	4285	5 officer, or a court services officer under Article 9, by
4286	4286	6 filing a written election with the Board within 6 months after
4287	4287	7 August 25, 2009 (the effective date of Public Act 96-745) and
4288	4288	8 paying to the System an amount to be determined by the Board,
4289	4289	9 equal to (i) the difference between the amount of employee and
4290	4290	10 employer contributions transferred to the System under
4291	4291	11 Sections 7-139.8 and 9-121.10 and the amounts that would have
4292	4292	12 been contributed had such contributions been made at the rates
4293	4293	13 applicable to State policemen, plus (ii) interest thereon at
4294	4294	14 the actuarially assumed rate for each year, compounded
4295	4295	15 annually, from the date of service to the date of payment.
4296	4296	16 Subject to the limitation in subsection (i), a State
4297	4297	17 policeman, arson investigator, or Commerce Commission police
4298	4298	18 officer may elect to establish eligible creditable service for
4299	4299	19 up to 5 years of service as a person employed by a
4300	4300	20 participating municipality to perform police duties under
4301	4301	21 Article 7, a county corrections officer, a court services
4302	4302	22 officer under Article 9, or a firefighter under Article 4 by
4303	4303	23 filing a written election with the Board within 6 months after
4304	4304	24 July 30, 2021 (the effective date of Public Act 102-210) and
4305	4305	25 paying to the System an amount to be determined by the Board
4306	4306	26 equal to (i) the difference between the amount of employee and
4307	4307
4308	4308
4309	4309
4310	4310
4311	4311
4312	4312	SB3708 - 119 - LRB103 39486 RPS 69682 b
4313	4313
4314	4314
4315	4315	SB3708- 120 -LRB103 39486 RPS 69682 b SB3708 - 120 - LRB103 39486 RPS 69682 b
4316	4316	SB3708 - 120 - LRB103 39486 RPS 69682 b
4317	4317	1 employer contributions transferred to the System under
4318	4318	2 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
4319	4319	3 would have been contributed had such contributions been made
4320	4320	4 at the rates applicable to State policemen, plus (ii) interest
4321	4321	5 thereon at the actuarially assumed rate for each year,
4322	4322	6 compounded annually, from the date of service to the date of
4323	4323	7 payment.
4324	4324	8 Subject to the limitation in subsection (i), a
4325	4325	9 conservation police officer may elect to establish eligible
4326	4326	10 creditable service for up to 5 years of service as a person
4327	4327	11 employed by a participating municipality to perform police
4328	4328	12 duties under Article 7, a county corrections officer, or a
4329	4329	13 court services officer under Article 9 by filing a written
4330	4330	14 election with the Board within 6 months after July 30, 2021
4331	4331	15 (the effective date of Public Act 102-210) and paying to the
4332	4332	16 System an amount to be determined by the Board equal to (i) the
4333	4333	17 difference between the amount of employee and employer
4334	4334	18 contributions transferred to the System under Sections 7-139.8
4335	4335	19 and 9-121.10 and the amounts that would have been contributed
4336	4336	20 had such contributions been made at the rates applicable to
4337	4337	21 State policemen, plus (ii) interest thereon at the actuarially
4338	4338	22 assumed rate for each year, compounded annually, from the date
4339	4339	23 of service to the date of payment.
4340	4340	24 Notwithstanding the limitation in subsection (i), a State
4341	4341	25 policeman or conservation police officer may elect to convert
4342	4342	26 service credit earned under this Article to eligible
4343	4343
4344	4344
4345	4345
4346	4346
4347	4347
4348	4348	SB3708 - 120 - LRB103 39486 RPS 69682 b
4349	4349
4350	4350
4351	4351	SB3708- 121 -LRB103 39486 RPS 69682 b SB3708 - 121 - LRB103 39486 RPS 69682 b
4352	4352	SB3708 - 121 - LRB103 39486 RPS 69682 b
4353	4353	1 creditable service, as defined by this Section, by filing a
4354	4354	2 written election with the board within 6 months after July 30,
4355	4355	3 2021 (the effective date of Public Act 102-210) and paying to
4356	4356	4 the System an amount to be determined by the Board equal to (i)
4357	4357	5 the difference between the amount of employee contributions
4358	4358	6 originally paid for that service and the amounts that would
4359	4359	7 have been contributed had such contributions been made at the
4360	4360	8 rates applicable to State policemen, plus (ii) the difference
4361	4361	9 between the employer's normal cost of the credit prior to the
4362	4362	10 conversion authorized by Public Act 102-210 and the employer's
4363	4363	11 normal cost of the credit converted in accordance with Public
4364	4364	12 Act 102-210, plus (iii) interest thereon at the actuarially
4365	4365	13 assumed rate for each year, compounded annually, from the date
4366	4366	14 of service to the date of payment.
4367	4367	15 (i) The total amount of eligible creditable service
4368	4368	16 established by any person under subsections (g), (h), (j),
4369	4369	17 (k), (l), (l-5), (o), and (p) of this Section shall not exceed
4370	4370	18 12 years.
4371	4371	19 (j) Subject to the limitation in subsection (i), an
4372	4372	20 investigator for the Office of the State's Attorneys Appellate
4373	4373	21 Prosecutor or a controlled substance inspector may elect to
4374	4374	22 establish eligible creditable service for up to 10 years of
4375	4375	23 his service as a policeman under Article 3 or a sheriff's law
4376	4376	24 enforcement employee under Article 7, by filing a written
4377	4377	25 election with the Board, accompanied by payment of an amount
4378	4378	26 to be determined by the Board, equal to (1) the difference
4379	4379
4380	4380
4381	4381
4382	4382
4383	4383
4384	4384	SB3708 - 121 - LRB103 39486 RPS 69682 b
4385	4385
4386	4386
4387	4387	SB3708- 122 -LRB103 39486 RPS 69682 b SB3708 - 122 - LRB103 39486 RPS 69682 b
4388	4388	SB3708 - 122 - LRB103 39486 RPS 69682 b
4389	4389	1 between the amount of employee and employer contributions
4390	4390	2 transferred to the System under Section 3-110.6 or 7-139.8,
4391	4391	3 and the amounts that would have been contributed had such
4392	4392	4 contributions been made at the rates applicable to State
4393	4393	5 policemen, plus (2) interest thereon at the effective rate for
4394	4394	6 each year, compounded annually, from the date of service to
4395	4395	7 the date of payment.
4396	4396	8 (k) Subject to the limitation in subsection (i) of this
4397	4397	9 Section, an alternative formula employee may elect to
4398	4398	10 establish eligible creditable service for periods spent as a
4399	4399	11 full-time law enforcement officer or full-time corrections
4400	4400	12 officer employed by the federal government or by a state or
4401	4401	13 local government located outside of Illinois, for which credit
4402	4402	14 is not held in any other public employee pension fund or
4403	4403	15 retirement system. To obtain this credit, the applicant must
4404	4404	16 file a written application with the Board by March 31, 1998,
4405	4405	17 accompanied by evidence of eligibility acceptable to the Board
4406	4406	18 and payment of an amount to be determined by the Board, equal
4407	4407	19 to (1) employee contributions for the credit being
4408	4408	20 established, based upon the applicant's salary on the first
4409	4409	21 day as an alternative formula employee after the employment
4410	4410	22 for which credit is being established and the rates then
4411	4411	23 applicable to alternative formula employees, plus (2) an
4412	4412	24 amount determined by the Board to be the employer's normal
4413	4413	25 cost of the benefits accrued for the credit being established,
4414	4414	26 plus (3) regular interest on the amounts in items (1) and (2)
4415	4415
4416	4416
4417	4417
4418	4418
4419	4419
4420	4420	SB3708 - 122 - LRB103 39486 RPS 69682 b
4421	4421
4422	4422
4423	4423	SB3708- 123 -LRB103 39486 RPS 69682 b SB3708 - 123 - LRB103 39486 RPS 69682 b
4424	4424	SB3708 - 123 - LRB103 39486 RPS 69682 b
4425	4425	1 from the first day as an alternative formula employee after
4426	4426	2 the employment for which credit is being established to the
4427	4427	3 date of payment.
4428	4428	4 (l) Subject to the limitation in subsection (i), a
4429	4429	5 security employee of the Department of Corrections may elect,
4430	4430	6 not later than July 1, 1998, to establish eligible creditable
4431	4431	7 service for up to 10 years of his or her service as a policeman
4432	4432	8 under Article 3, by filing a written election with the Board,
4433	4433	9 accompanied by payment of an amount to be determined by the
4434	4434	10 Board, equal to (i) the difference between the amount of
4435	4435	11 employee and employer contributions transferred to the System
4436	4436	12 under Section 3-110.5, and the amounts that would have been
4437	4437	13 contributed had such contributions been made at the rates
4438	4438	14 applicable to security employees of the Department of
4439	4439	15 Corrections, plus (ii) interest thereon at the effective rate
4440	4440	16 for each year, compounded annually, from the date of service
4441	4441	17 to the date of payment.
4442	4442	18 (l-5) Subject to the limitation in subsection (i) of this
4443	4443	19 Section, a State policeman may elect to establish eligible
4444	4444	20 creditable service for up to 5 years of service as a full-time
4445	4445	21 law enforcement officer employed by the federal government or
4446	4446	22 by a state or local government located outside of Illinois for
4447	4447	23 which credit is not held in any other public employee pension
4448	4448	24 fund or retirement system. To obtain this credit, the
4449	4449	25 applicant must file a written application with the Board no
4450	4450	26 later than 3 years after January 1, 2020 (the effective date of
4451	4451
4452	4452
4453	4453
4454	4454
4455	4455
4456	4456	SB3708 - 123 - LRB103 39486 RPS 69682 b
4457	4457
4458	4458
4459	4459	SB3708- 124 -LRB103 39486 RPS 69682 b SB3708 - 124 - LRB103 39486 RPS 69682 b
4460	4460	SB3708 - 124 - LRB103 39486 RPS 69682 b
4461	4461	1 Public Act 101-610), accompanied by evidence of eligibility
4462	4462	2 acceptable to the Board and payment of an amount to be
4463	4463	3 determined by the Board, equal to (1) employee contributions
4464	4464	4 for the credit being established, based upon the applicant's
4465	4465	5 salary on the first day as an alternative formula employee
4466	4466	6 after the employment for which credit is being established and
4467	4467	7 the rates then applicable to alternative formula employees,
4468	4468	8 plus (2) an amount determined by the Board to be the employer's
4469	4469	9 normal cost of the benefits accrued for the credit being
4470	4470	10 established, plus (3) regular interest on the amounts in items
4471	4471	11 (1) and (2) from the first day as an alternative formula
4472	4472	12 employee after the employment for which credit is being
4473	4473	13 established to the date of payment.
4474	4474	14 (m) The amendatory changes to this Section made by Public
4475	4475	15 Act 94-696 apply only to: (1) security employees of the
4476	4476	16 Department of Juvenile Justice employed by the Department of
4477	4477	17 Corrections before June 1, 2006 (the effective date of Public
4478	4478	18 Act 94-696) and transferred to the Department of Juvenile
4479	4479	19 Justice by Public Act 94-696; and (2) persons employed by the
4480	4480	20 Department of Juvenile Justice on or after June 1, 2006 (the
4481	4481	21 effective date of Public Act 94-696) who are required by
4482	4482	22 subsection (b) of Section 3-2.5-15 of the Unified Code of
4483	4483	23 Corrections to have any bachelor's or advanced degree from an
4484	4484	24 accredited college or university or, in the case of persons
4485	4485	25 who provide vocational training, who are required to have
4486	4486	26 adequate knowledge in the skill for which they are providing
4487	4487
4488	4488
4489	4489
4490	4490
4491	4491
4492	4492	SB3708 - 124 - LRB103 39486 RPS 69682 b
4493	4493
4494	4494
4495	4495	SB3708- 125 -LRB103 39486 RPS 69682 b SB3708 - 125 - LRB103 39486 RPS 69682 b
4496	4496	SB3708 - 125 - LRB103 39486 RPS 69682 b
4497	4497	1 the vocational training.
4498	4498	2 Beginning with the pay period that immediately follows the
4499	4499	3 effective date of this amendatory Act of the 103rd General
4500	4500	4 Assembly, the bachelor's or advanced degree requirement of
4501	4501	5 subsection (b) of Section 3-2.5-15 of the Unified Code of
4502	4502	6 Corrections shall no longer determine the eligibility to earn
4503	4503	7 eligible creditable service for a person employed by the
4504	4504	8 Department of Juvenile Justice.
4505	4505	9 An employee may elect to convert into eligible creditable
4506	4506	10 service his or her creditable service earned with the
4507	4507	11 Department of Juvenile Justice while employed in a position
4508	4508	12 that required the employee to do any one or more of the
4509	4509	13 following: (1) participate or assist in the rehabilitative and
4510	4510	14 vocational training of delinquent youths; (2) supervise the
4511	4511	15 daily activities and assume direct and continuing
4512	4512	16 responsibility for the youth's security, welfare, and
4513	4513	17 development; or (3) participate in the personal rehabilitation
4514	4514	18 of delinquent youth by training, supervising, and assisting
4515	4515	19 lower-level personnel. To convert that creditable service to
4516	4516	20 eligible creditable service, the employee must pay to the
4517	4517	21 System the difference between the employee contributions
4518	4518	22 actually paid for that service and the amounts that would have
4519	4519	23 been contributed if the applicant were contributing at the
4520	4520	24 rate applicable to persons with the same Social Security
4521	4521	25 status earning eligible creditable service on the date of
4522	4522	26 application.
4523	4523
4524	4524
4525	4525
4526	4526
4527	4527
4528	4528	SB3708 - 125 - LRB103 39486 RPS 69682 b
4529	4529
4530	4530
4531	4531	SB3708- 126 -LRB103 39486 RPS 69682 b SB3708 - 126 - LRB103 39486 RPS 69682 b
4532	4532	SB3708 - 126 - LRB103 39486 RPS 69682 b
4533	4533	1 (n) A person employed in a position under subsection (b)
4534	4534	2 of this Section who has purchased service credit under
4535	4535	3 subsection (j) of Section 14-104 or subsection (b) of Section
4536	4536	4 14-105 in any other capacity under this Article may convert up
4537	4537	5 to 5 years of that service credit into service credit covered
4538	4538	6 under this Section by paying to the Fund an amount equal to (1)
4539	4539	7 the additional employee contribution required under Section
4540	4540	8 14-133, plus (2) the additional employer contribution required
4541	4541	9 under Section 14-131, plus (3) interest on items (1) and (2) at
4542	4542	10 the actuarially assumed rate from the date of the service to
4543	4543	11 the date of payment.
4544	4544	12 (o) Subject to the limitation in subsection (i), a
4545	4545	13 conservation police officer, investigator for the Secretary of
4546	4546	14 State, Commerce Commission police officer, investigator for
4547	4547	15 the Department of Revenue or the Illinois Gaming Board, or
4548	4548	16 arson investigator subject to subsection (g) of Section 1-160
4549	4549	17 may elect to convert up to 8 years of service credit
4550	4550	18 established before January 1, 2020 (the effective date of
4551	4551	19 Public Act 101-610) as a conservation police officer,
4552	4552	20 investigator for the Secretary of State, Commerce Commission
4553	4553	21 police officer, investigator for the Department of Revenue or
4554	4554	22 the Illinois Gaming Board, or arson investigator under this
4555	4555	23 Article into eligible creditable service by filing a written
4556	4556	24 election with the Board no later than one year after January 1,
4557	4557	25 2020 (the effective date of Public Act 101-610), accompanied
4558	4558	26 by payment of an amount to be determined by the Board equal to
4559	4559
4560	4560
4561	4561
4562	4562
4563	4563
4564	4564	SB3708 - 126 - LRB103 39486 RPS 69682 b
4565	4565
4566	4566
4567	4567	SB3708- 127 -LRB103 39486 RPS 69682 b SB3708 - 127 - LRB103 39486 RPS 69682 b
4568	4568	SB3708 - 127 - LRB103 39486 RPS 69682 b
4569	4569	1 (i) the difference between the amount of the employee
4570	4570	2 contributions actually paid for that service and the amount of
4571	4571	3 the employee contributions that would have been paid had the
4572	4572	4 employee contributions been made as a noncovered employee
4573	4573	5 serving in a position in which eligible creditable service, as
4574	4574	6 defined in this Section, may be earned, plus (ii) interest
4575	4575	7 thereon at the effective rate for each year, compounded
4576	4576	8 annually, from the date of service to the date of payment.
4577	4577	9 (p) Subject to the limitation in subsection (i), an
4578	4578	10 investigator for the Office of the Attorney General subject to
4579	4579	11 subsection (g) of Section 1-160 may elect to convert up to 8
4580	4580	12 years of service credit established before the effective date
4581	4581	13 of this amendatory Act of the 102nd General Assembly as an
4582	4582	14 investigator for the Office of the Attorney General under this
4583	4583	15 Article into eligible creditable service by filing a written
4584	4584	16 election with the Board no later than one year after the
4585	4585	17 effective date of this amendatory Act of the 102nd General
4586	4586	18 Assembly, accompanied by payment of an amount to be determined
4587	4587	19 by the Board equal to (i) the difference between the amount of
4588	4588	20 the employee contributions actually paid for that service and
4589	4589	21 the amount of the employee contributions that would have been
4590	4590	22 paid had the employee contributions been made as a noncovered
4591	4591	23 employee serving in a position in which eligible creditable
4592	4592	24 service, as defined in this Section, may be earned, plus (ii)
4593	4593	25 interest thereon at the effective rate for each year,
4594	4594	26 compounded annually, from the date of service to the date of
4595	4595
4596	4596
4597	4597
4598	4598
4599	4599
4600	4600	SB3708 - 127 - LRB103 39486 RPS 69682 b
4601	4601
4602	4602
4603	4603	SB3708- 128 -LRB103 39486 RPS 69682 b SB3708 - 128 - LRB103 39486 RPS 69682 b
4604	4604	SB3708 - 128 - LRB103 39486 RPS 69682 b
4605	4605	1 payment.
4606	4606	2 (q) A security employee of the Department of Human
4607	4607	3 Services who is subject to subsection (g-1) of Section 1-160
4608	4608	4 may elect to convert up to 13 years of service credit
4609	4609	5 established before the effective date of this amendatory Act
4610	4610	6 of the 103rd General Assembly as a security employee of the
4611	4611	7 Department of Human Services to eligible creditable service by
4612	4612	8 filing a written election with the Board no later than one year
4613	4613	9 after the effective date of this amendatory Act of the 103rd
4614	4614	10 General Assembly, accompanied by payment of an amount, to be
4615	4615	11 determined by the Board, equal to (i) the difference between
4616	4616	12 the amount of the employee contributions actually paid for
4617	4617	13 that service and the amount of the employee contributions that
4618	4618	14 would have been paid had the employee contributions been made
4619	4619	15 as a covered employee serving in a position in which eligible
4620	4620	16 creditable service, as defined in this Section, may be earned,
4621	4621	17 plus (ii) interest thereon at the effective rate for each
4622	4622	18 year, compounded annually, from the date of service to the
4623	4623	19 date of payment.
4624	4624	20 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
4625	4625	21 102-956, eff. 5-27-22; 103-34, eff. 1-1-24.)
4626	4626	22 (40 ILCS 5/14-152.1)
4627	4627	23 Sec. 14-152.1. Application and expiration of new benefit
4628	4628	24 increases.
4629	4629	25 (a) As used in this Section, "new benefit increase" means
4630	4630
4631	4631
4632	4632
4633	4633
4634	4634
4635	4635	SB3708 - 128 - LRB103 39486 RPS 69682 b
4636	4636
4637	4637
4638	4638	SB3708- 129 -LRB103 39486 RPS 69682 b SB3708 - 129 - LRB103 39486 RPS 69682 b
4639	4639	SB3708 - 129 - LRB103 39486 RPS 69682 b
4640	4640	1 an increase in the amount of any benefit provided under this
4641	4641	2 Article, or an expansion of the conditions of eligibility for
4642	4642	3 any benefit under this Article, that results from an amendment
4643	4643	4 to this Code that takes effect after June 1, 2005 (the
4644	4644	5 effective date of Public Act 94-4). "New benefit increase",
4645	4645	6 however, does not include any benefit increase resulting from
4646	4646	7 the changes made to Article 1 or this Article by Public Act
4647	4647	8 96-37, Public Act 100-23, Public Act 100-587, Public Act
4648	4648	9 100-611, Public Act 101-10, Public Act 101-610, Public Act
4649	4649	10 102-210, Public Act 102-856, Public Act 102-956, or this
4650	4650	11 amendatory Act of the 103rd General Assembly this amendatory
4651	4651	12 Act of the 102nd General Assembly.
4652	4652	13 (b) Notwithstanding any other provision of this Code or
4653	4653	14 any subsequent amendment to this Code, every new benefit
4654	4654	15 increase is subject to this Section and shall be deemed to be
4655	4655	16 granted only in conformance with and contingent upon
4656	4656	17 compliance with the provisions of this Section.
4657	4657	18 (c) The Public Act enacting a new benefit increase must
4658	4658	19 identify and provide for payment to the System of additional
4659	4659	20 funding at least sufficient to fund the resulting annual
4660	4660	21 increase in cost to the System as it accrues.
4661	4661	22 Every new benefit increase is contingent upon the General
4662	4662	23 Assembly providing the additional funding required under this
4663	4663	24 subsection. The Commission on Government Forecasting and
4664	4664	25 Accountability shall analyze whether adequate additional
4665	4665	26 funding has been provided for the new benefit increase and
4666	4666
4667	4667
4668	4668
4669	4669
4670	4670
4671	4671	SB3708 - 129 - LRB103 39486 RPS 69682 b
4672	4672
4673	4673
4674	4674	SB3708- 130 -LRB103 39486 RPS 69682 b SB3708 - 130 - LRB103 39486 RPS 69682 b
4675	4675	SB3708 - 130 - LRB103 39486 RPS 69682 b
4676	4676	1 shall report its analysis to the Public Pension Division of
4677	4677	2 the Department of Insurance. A new benefit increase created by
4678	4678	3 a Public Act that does not include the additional funding
4679	4679	4 required under this subsection is null and void. If the Public
4680	4680	5 Pension Division determines that the additional funding
4681	4681	6 provided for a new benefit increase under this subsection is
4682	4682	7 or has become inadequate, it may so certify to the Governor and
4683	4683	8 the State Comptroller and, in the absence of corrective action
4684	4684	9 by the General Assembly, the new benefit increase shall expire
4685	4685	10 at the end of the fiscal year in which the certification is
4686	4686	11 made.
4687	4687	12 (d) Every new benefit increase shall expire 5 years after
4688	4688	13 its effective date or on such earlier date as may be specified
4689	4689	14 in the language enacting the new benefit increase or provided
4690	4690	15 under subsection (c). This does not prevent the General
4691	4691	16 Assembly from extending or re-creating a new benefit increase
4692	4692	17 by law.
4693	4693	18 (e) Except as otherwise provided in the language creating
4694	4694	19 the new benefit increase, a new benefit increase that expires
4695	4695	20 under this Section continues to apply to persons who applied
4696	4696	21 and qualified for the affected benefit while the new benefit
4697	4697	22 increase was in effect and to the affected beneficiaries and
4698	4698	23 alternate payees of such persons, but does not apply to any
4699	4699	24 other person, including, without limitation, a person who
4700	4700	25 continues in service after the expiration date and did not
4701	4701	26 apply and qualify for the affected benefit while the new
4702	4702
4703	4703
4704	4704
4705	4705
4706	4706
4707	4707	SB3708 - 130 - LRB103 39486 RPS 69682 b
4708	4708
4709	4709
4710	4710	SB3708- 131 -LRB103 39486 RPS 69682 b SB3708 - 131 - LRB103 39486 RPS 69682 b
4711	4711	SB3708 - 131 - LRB103 39486 RPS 69682 b
4712	4712	1 benefit increase was in effect.
4713	4713	2 (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
4714	4714	3 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
4715	4715	4 1-1-23; 102-956, eff. 5-27-22.)
4716	4716
4717	4717
4718	4718
4719	4719
4720	4720
4721	4721	SB3708 - 131 - LRB103 39486 RPS 69682 b