Illinois 2025-2026 Regular Session

Illinois House Bill HB2856 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2856 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Pension Code. Provides that a Tier 2 investigator for the Department of the Lottery is entitled to an annuity under the alternative retirement annuity provisions only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55. Authorizes an investigator for the Department of the Lottery to establish eligible creditable service under the alternative retirement annuity provisions. Provides that a specified educational requirement for persons employed by the Department of Juvenile Justice shall no longer determine eligibility to earn eligible creditable service under the alternative retirement annuity provisions and authorizes the conversion of service credit to eligible creditable service. Establishes a deferred retirement option plan for certain police officers, firefighters, sheriff's law enforcement employees, and deputy sheriffs in the Cook County Police Department who are otherwise eligible to retire under which a participant may continue in active service for up to 5 years while having his or her retirement pension paid into a special account. Provides that the election to participate in the deferred retirement option plan must be made before January 1, 2030. Provides that the Retirement Systems Reciprocal Act (Article 20 of the Code) is adopted and made a part of the Downstate Police, Downstate Firefighter, Chicago Police, and Chicago Firefighter Articles. In the Chicago Teacher Article of the Code, makes changes to how days of validated service are computed. Amends the State Mandates Act to require implementation without reimbursement. Makes other changes. LRB104 11075 RPS 21157 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2856 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois Pension Code. Provides that a Tier 2 investigator for the Department of the Lottery is entitled to an annuity under the alternative retirement annuity provisions only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55. Authorizes an investigator for the Department of the Lottery to establish eligible creditable service under the alternative retirement annuity provisions. Provides that a specified educational requirement for persons employed by the Department of Juvenile Justice shall no longer determine eligibility to earn eligible creditable service under the alternative retirement annuity provisions and authorizes the conversion of service credit to eligible creditable service. Establishes a deferred retirement option plan for certain police officers, firefighters, sheriff's law enforcement employees, and deputy sheriffs in the Cook County Police Department who are otherwise eligible to retire under which a participant may continue in active service for up to 5 years while having his or her retirement pension paid into a special account. Provides that the election to participate in the deferred retirement option plan must be made before January 1, 2030. Provides that the Retirement Systems Reciprocal Act (Article 20 of the Code) is adopted and made a part of the Downstate Police, Downstate Firefighter, Chicago Police, and Chicago Firefighter Articles. In the Chicago Teacher Article of the Code, makes changes to how days of validated service are computed. Amends the State Mandates Act to require implementation without reimbursement. Makes other changes. LRB104 11075 RPS 21157 b LRB104 11075 RPS 21157 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2856 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Illinois Pension Code. Provides that a Tier 2 investigator for the Department of the Lottery is entitled to an annuity under the alternative retirement annuity provisions only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55. Authorizes an investigator for the Department of the Lottery to establish eligible creditable service under the alternative retirement annuity provisions. Provides that a specified educational requirement for persons employed by the Department of Juvenile Justice shall no longer determine eligibility to earn eligible creditable service under the alternative retirement annuity provisions and authorizes the conversion of service credit to eligible creditable service. Establishes a deferred retirement option plan for certain police officers, firefighters, sheriff's law enforcement employees, and deputy sheriffs in the Cook County Police Department who are otherwise eligible to retire under which a participant may continue in active service for up to 5 years while having his or her retirement pension paid into a special account. Provides that the election to participate in the deferred retirement option plan must be made before January 1, 2030. Provides that the Retirement Systems Reciprocal Act (Article 20 of the Code) is adopted and made a part of the Downstate Police, Downstate Firefighter, Chicago Police, and Chicago Firefighter Articles. In the Chicago Teacher Article of the Code, makes changes to how days of validated service are computed. Amends the State Mandates Act to require implementation without reimbursement. Makes other changes.
6	6	LRB104 11075 RPS 21157 b LRB104 11075 RPS 21157 b
7	7	LRB104 11075 RPS 21157 b
8	8	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
9	9	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
10	10	A BILL FOR
11	11	HB2856LRB104 11075 RPS 21157 b HB2856 LRB104 11075 RPS 21157 b
12	12	HB2856 LRB104 11075 RPS 21157 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, 14-152.1, and 17-114 and by
18	18	6 adding Sections 1-168, 3-144.3, 4-138.15, 5-240, and 6-232 as
19	19	7 follows:
20	20	8 (40 ILCS 5/1-160)
21	21	9 (Text of Section from P.A. 102-719)
22	22	10 Sec. 1-160. Provisions applicable to new hires.
23	23	11 (a) The provisions of this Section apply to a person who,
24	24	12 on or after January 1, 2011, first becomes a member or a
25	25	13 participant under any reciprocal retirement system or pension
26	26	14 fund established under this Code, other than a retirement
27	27	15 system or pension fund established under Article 2, 3, 4, 5, 6,
28	28	16 7, 15, or 18 of this Code, notwithstanding any other provision
29	29	17 of this Code to the contrary, but do not apply to any
30	30	18 self-managed plan established under this Code or to any
31	31	19 participant of the retirement plan established under Section
32	32	20 22-101; except that this Section applies to a person who
33	33	21 elected to establish alternative credits by electing in
34	34	22 writing after January 1, 2011, but before August 8, 2011,
35	35	23 under Section 7-145.1 of this Code. Notwithstanding anything
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38	38
39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2856 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
40	40	See Index See Index
41	41	See Index
42	42	Amends the Illinois Pension Code. Provides that a Tier 2 investigator for the Department of the Lottery is entitled to an annuity under the alternative retirement annuity provisions only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55. Authorizes an investigator for the Department of the Lottery to establish eligible creditable service under the alternative retirement annuity provisions. Provides that a specified educational requirement for persons employed by the Department of Juvenile Justice shall no longer determine eligibility to earn eligible creditable service under the alternative retirement annuity provisions and authorizes the conversion of service credit to eligible creditable service. Establishes a deferred retirement option plan for certain police officers, firefighters, sheriff's law enforcement employees, and deputy sheriffs in the Cook County Police Department who are otherwise eligible to retire under which a participant may continue in active service for up to 5 years while having his or her retirement pension paid into a special account. Provides that the election to participate in the deferred retirement option plan must be made before January 1, 2030. Provides that the Retirement Systems Reciprocal Act (Article 20 of the Code) is adopted and made a part of the Downstate Police, Downstate Firefighter, Chicago Police, and Chicago Firefighter Articles. In the Chicago Teacher Article of the Code, makes changes to how days of validated service are computed. Amends the State Mandates Act to require implementation without reimbursement. Makes other changes.
43	43	LRB104 11075 RPS 21157 b LRB104 11075 RPS 21157 b
44	44	LRB104 11075 RPS 21157 b
45	45	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
46	46	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
47	47	A BILL FOR
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53	53	See Index
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59	59	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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76	76	1 to the contrary in this Section, for purposes of this Section,
77	77	2 a person who is a Tier 1 regular employee as defined in Section
78	78	3 7-109.4 of this Code or who participated in a retirement
79	79	4 system under Article 15 prior to January 1, 2011 shall be
80	80	5 deemed a person who first became a member or participant prior
81	81	6 to January 1, 2011 under any retirement system or pension fund
82	82	7 subject to this Section. The changes made to this Section by
83	83	8 Public Act 98-596 are a clarification of existing law and are
84	84	9 intended to be retroactive to January 1, 2011 (the effective
85	85	10 date of Public Act 96-889), notwithstanding the provisions of
86	86	11 Section 1-103.1 of this Code.
87	87	12 This Section does not apply to a person who first becomes a
88	88	13 noncovered employee under Article 14 on or after the
89	89	14 implementation date of the plan created under Section 1-161
90	90	15 for that Article, unless that person elects under subsection
91	91	16 (b) of Section 1-161 to instead receive the benefits provided
92	92	17 under this Section and the applicable provisions of that
93	93	18 Article.
94	94	19 This Section does not apply to a person who first becomes a
95	95	20 member or participant under Article 16 on or after the
96	96	21 implementation date of the plan created under Section 1-161
97	97	22 for that Article, unless that person elects under subsection
98	98	23 (b) of Section 1-161 to instead receive the benefits provided
99	99	24 under this Section and the applicable provisions of that
100	100	25 Article.
101	101	26 This Section does not apply to a person who elects under
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112	112	1 subsection (c-5) of Section 1-161 to receive the benefits
113	113	2 under Section 1-161.
114	114	3 This Section does not apply to a person who first becomes a
115	115	4 member or participant of an affected pension fund on or after 6
116	116	5 months after the resolution or ordinance date, as defined in
117	117	6 Section 1-162, unless that person elects under subsection (c)
118	118	7 of Section 1-162 to receive the benefits provided under this
119	119	8 Section and the applicable provisions of the Article under
120	120	9 which he or she is a member or participant.
121	121	10 (b) "Final average salary" means, except as otherwise
122	122	11 provided in this subsection, the average monthly (or annual)
123	123	12 salary obtained by dividing the total salary or earnings
124	124	13 calculated under the Article applicable to the member or
125	125	14 participant during the 96 consecutive months (or 8 consecutive
126	126	15 years) of service within the last 120 months (or 10 years) of
127	127	16 service in which the total salary or earnings calculated under
128	128	17 the applicable Article was the highest by the number of months
129	129	18 (or years) of service in that period. For the purposes of a
130	130	19 person who first becomes a member or participant of any
131	131	20 retirement system or pension fund to which this Section
132	132	21 applies on or after January 1, 2011, in this Code, "final
133	133	22 average salary" shall be substituted for the following:
134	134	23 (1) (Blank).
135	135	24 (2) In Articles 8, 9, 10, 11, and 12, "highest average
136	136	25 annual salary for any 4 consecutive years within the last
137	137	26 10 years of service immediately preceding the date of
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148	148	1 withdrawal".
149	149	2 (3) In Article 13, "average final salary".
150	150	3 (4) In Article 14, "final average compensation".
151	151	4 (5) In Article 17, "average salary".
152	152	5 (6) In Section 22-207, "wages or salary received by
153	153	6 him at the date of retirement or discharge".
154	154	7 A member of the Teachers' Retirement System of the State
155	155	8 of Illinois who retires on or after June 1, 2021 and for whom
156	156	9 the 2020-2021 school year is used in the calculation of the
157	157	10 member's final average salary shall use the higher of the
158	158	11 following for the purpose of determining the member's final
159	159	12 average salary:
160	160	13 (A) the amount otherwise calculated under the first
161	161	14 paragraph of this subsection; or
162	162	15 (B) an amount calculated by the Teachers' Retirement
163	163	16 System of the State of Illinois using the average of the
164	164	17 monthly (or annual) salary obtained by dividing the total
165	165	18 salary or earnings calculated under Article 16 applicable
166	166	19 to the member or participant during the 96 months (or 8
167	167	20 years) of service within the last 120 months (or 10 years)
168	168	21 of service in which the total salary or earnings
169	169	22 calculated under the Article was the highest by the number
170	170	23 of months (or years) of service in that period.
171	171	24 (b-5) Beginning on January 1, 2011, for all purposes under
172	172	25 this Code (including without limitation the calculation of
173	173	26 benefits and employee contributions), the annual earnings,
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184	184	1 salary, or wages (based on the plan year) of a member or
185	185	2 participant to whom this Section applies shall not exceed
186	186	3 $106,800; however, that amount shall annually thereafter be
187	187	4 increased by the lesser of (i) 3% of that amount, including all
188	188	5 previous adjustments, or (ii) one-half the annual unadjusted
189	189	6 percentage increase (but not less than zero) in the consumer
190	190	7 price index-u for the 12 months ending with the September
191	191	8 preceding each November 1, including all previous adjustments.
192	192	9 For the purposes of this Section, "consumer price index-u"
193	193	10 means the index published by the Bureau of Labor Statistics of
194	194	11 the United States Department of Labor that measures the
195	195	12 average change in prices of goods and services purchased by
196	196	13 all urban consumers, United States city average, all items,
197	197	14 1982-84 = 100. The new amount resulting from each annual
198	198	15 adjustment shall be determined by the Public Pension Division
199	199	16 of the Department of Insurance and made available to the
200	200	17 boards of the retirement systems and pension funds by November
201	201	18 1 of each year.
202	202	19 (b-10) Beginning on January 1, 2024, for all purposes
203	203	20 under this Code (including, without limitation, the
204	204	21 calculation of benefits and employee contributions), the
205	205	22 annual earnings, salary, or wages (based on the plan year) of a
206	206	23 member or participant under Article 9 to whom this Section
207	207	24 applies shall include an annual earnings, salary, or wage cap
208	208	25 that tracks the Social Security wage base. Maximum annual
209	209	26 earnings, wages, or salary shall be the annual contribution
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220	220	1 and benefit base established for the applicable year by the
221	221	2 Commissioner of the Social Security Administration under the
222	222	3 federal Social Security Act.
223	223	4 However, in no event shall the annual earnings, salary, or
224	224	5 wages for the purposes of this Article and Article 9 exceed any
225	225	6 limitation imposed on annual earnings, salary, or wages under
226	226	7 Section 1-117. Under no circumstances shall the maximum amount
227	227	8 of annual earnings, salary, or wages be greater than the
228	228	9 amount set forth in this subsection (b-10) as a result of
229	229	10 reciprocal service or any provisions regarding reciprocal
230	230	11 services, nor shall the Fund under Article 9 be required to pay
231	231	12 any refund as a result of the application of this maximum
232	232	13 annual earnings, salary, and wage cap.
233	233	14 Nothing in this subsection (b-10) shall cause or otherwise
234	234	15 result in any retroactive adjustment of any employee
235	235	16 contributions. Nothing in this subsection (b-10) shall cause
236	236	17 or otherwise result in any retroactive adjustment of
237	237	18 disability or other payments made between January 1, 2011 and
238	238	19 January 1, 2024.
239	239	20 (c) A member or participant is entitled to a retirement
240	240	21 annuity upon written application if he or she has attained age
241	241	22 67 (age 65, with respect to service under Article 12 that is
242	242	23 subject to this Section, for a member or participant under
243	243	24 Article 12 who first becomes a member or participant under
244	244	25 Article 12 on or after January 1, 2022 or who makes the
245	245	26 election under item (i) of subsection (d-15) of this Section)
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256	256	1 and has at least 10 years of service credit and is otherwise
257	257	2 eligible under the requirements of the applicable Article.
258	258	3 A member or participant who has attained age 62 (age 60,
259	259	4 with respect to service under Article 12 that is subject to
260	260	5 this Section, for a member or participant under Article 12 who
261	261	6 first becomes a member or participant under Article 12 on or
262	262	7 after January 1, 2022 or who makes the election under item (i)
263	263	8 of subsection (d-15) of this Section) and has at least 10 years
264	264	9 of service credit and is otherwise eligible under the
265	265	10 requirements of the applicable Article may elect to receive
266	266	11 the lower retirement annuity provided in subsection (d) of
267	267	12 this Section.
268	268	13 (c-5) A person who first becomes a member or a participant
269	269	14 subject to this Section on or after July 6, 2017 (the effective
270	270	15 date of Public Act 100-23), notwithstanding any other
271	271	16 provision of this Code to the contrary, is entitled to a
272	272	17 retirement annuity under Article 8 or Article 11 upon written
273	273	18 application if he or she has attained age 65 and has at least
274	274	19 10 years of service credit and is otherwise eligible under the
275	275	20 requirements of Article 8 or Article 11 of this Code,
276	276	21 whichever is applicable.
277	277	22 (d) The retirement annuity of a member or participant who
278	278	23 is retiring after attaining age 62 (age 60, with respect to
279	279	24 service under Article 12 that is subject to this Section, for a
280	280	25 member or participant under Article 12 who first becomes a
281	281	26 member or participant under Article 12 on or after January 1,
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292	292	1 2022 or who makes the election under item (i) of subsection
293	293	2 (d-15) of this Section) with at least 10 years of service
294	294	3 credit shall be reduced by one-half of 1% for each full month
295	295	4 that the member's age is under age 67 (age 65, with respect to
296	296	5 service under Article 12 that is subject to this Section, for a
297	297	6 member or participant under Article 12 who first becomes a
298	298	7 member or participant under Article 12 on or after January 1,
299	299	8 2022 or who makes the election under item (i) of subsection
300	300	9 (d-15) of this Section).
301	301	10 (d-5) The retirement annuity payable under Article 8 or
302	302	11 Article 11 to an eligible person subject to subsection (c-5)
303	303	12 of this Section who is retiring at age 60 with at least 10
304	304	13 years of service credit shall be reduced by one-half of 1% for
305	305	14 each full month that the member's age is under age 65.
306	306	15 (d-10) Each person who first became a member or
307	307	16 participant under Article 8 or Article 11 of this Code on or
308	308	17 after January 1, 2011 and prior to July 6, 2017 (the effective
309	309	18 date of Public Act 100-23) shall make an irrevocable election
310	310	19 either:
311	311	20 (i) to be eligible for the reduced retirement age
312	312	21 provided in subsections (c-5) and (d-5) of this Section,
313	313	22 the eligibility for which is conditioned upon the member
314	314	23 or participant agreeing to the increases in employee
315	315	24 contributions for age and service annuities provided in
316	316	25 subsection (a-5) of Section 8-174 of this Code (for
317	317	26 service under Article 8) or subsection (a-5) of Section
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328	328	1 11-170 of this Code (for service under Article 11); or
329	329	2 (ii) to not agree to item (i) of this subsection
330	330	3 (d-10), in which case the member or participant shall
331	331	4 continue to be subject to the retirement age provisions in
332	332	5 subsections (c) and (d) of this Section and the employee
333	333	6 contributions for age and service annuity as provided in
334	334	7 subsection (a) of Section 8-174 of this Code (for service
335	335	8 under Article 8) or subsection (a) of Section 11-170 of
336	336	9 this Code (for service under Article 11).
337	337	10 The election provided for in this subsection shall be made
338	338	11 between October 1, 2017 and November 15, 2017. A person
339	339	12 subject to this subsection who makes the required election
340	340	13 shall remain bound by that election. A person subject to this
341	341	14 subsection who fails for any reason to make the required
342	342	15 election within the time specified in this subsection shall be
343	343	16 deemed to have made the election under item (ii).
344	344	17 (d-15) Each person who first becomes a member or
345	345	18 participant under Article 12 on or after January 1, 2011 and
346	346	19 prior to January 1, 2022 shall make an irrevocable election
347	347	20 either:
348	348	21 (i) to be eligible for the reduced retirement age
349	349	22 specified in subsections (c) and (d) of this Section, the
350	350	23 eligibility for which is conditioned upon the member or
351	351	24 participant agreeing to the increase in employee
352	352	25 contributions for service annuities specified in
353	353	26 subsection (b) of Section 12-150; or
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364	364	1 (ii) to not agree to item (i) of this subsection
365	365	2 (d-15), in which case the member or participant shall not
366	366	3 be eligible for the reduced retirement age specified in
367	367	4 subsections (c) and (d) of this Section and shall not be
368	368	5 subject to the increase in employee contributions for
369	369	6 service annuities specified in subsection (b) of Section
370	370	7 12-150.
371	371	8 The election provided for in this subsection shall be made
372	372	9 between January 1, 2022 and April 1, 2022. A person subject to
373	373	10 this subsection who makes the required election shall remain
374	374	11 bound by that election. A person subject to this subsection
375	375	12 who fails for any reason to make the required election within
376	376	13 the time specified in this subsection shall be deemed to have
377	377	14 made the election under item (ii).
378	378	15 (e) Any retirement annuity or supplemental annuity shall
379	379	16 be subject to annual increases on the January 1 occurring
380	380	17 either on or after the attainment of age 67 (age 65, with
381	381	18 respect to service under Article 12 that is subject to this
382	382	19 Section, for a member or participant under Article 12 who
383	383	20 first becomes a member or participant under Article 12 on or
384	384	21 after January 1, 2022 or who makes the election under item (i)
385	385	22 of subsection (d-15); and beginning on July 6, 2017 (the
386	386	23 effective date of Public Act 100-23), age 65 with respect to
387	387	24 service under Article 8 or Article 11 for eligible persons
388	388	25 who: (i) are subject to subsection (c-5) of this Section; or
389	389	26 (ii) made the election under item (i) of subsection (d-10) of
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400	400	1 this Section) or the first anniversary of the annuity start
401	401	2 date, whichever is later. Each annual increase shall be
402	402	3 calculated at 3% or one-half the annual unadjusted percentage
403	403	4 increase (but not less than zero) in the consumer price
404	404	5 index-u for the 12 months ending with the September preceding
405	405	6 each November 1, whichever is less, of the originally granted
406	406	7 retirement annuity. If the annual unadjusted percentage change
407	407	8 in the consumer price index-u for the 12 months ending with the
408	408	9 September preceding each November 1 is zero or there is a
409	409	10 decrease, then the annuity shall not be increased.
410	410	11 For the purposes of Section 1-103.1 of this Code, the
411	411	12 changes made to this Section by Public Act 102-263 are
412	412	13 applicable without regard to whether the employee was in
413	413	14 active service on or after August 6, 2021 (the effective date
414	414	15 of Public Act 102-263).
415	415	16 For the purposes of Section 1-103.1 of this Code, the
416	416	17 changes made to this Section by Public Act 100-23 are
417	417	18 applicable without regard to whether the employee was in
418	418	19 active service on or after July 6, 2017 (the effective date of
419	419	20 Public Act 100-23).
420	420	21 (f) The initial survivor's or widow's annuity of an
421	421	22 otherwise eligible survivor or widow of a retired member or
422	422	23 participant who first became a member or participant on or
423	423	24 after January 1, 2011 shall be in the amount of 66 2/3% of the
424	424	25 retired member's or participant's retirement annuity at the
425	425	26 date of death. In the case of the death of a member or
426	426
427	427
428	428
429	429
430	430
431	431	HB2856 - 11 - LRB104 11075 RPS 21157 b
432	432
433	433
434	434	HB2856- 12 -LRB104 11075 RPS 21157 b HB2856 - 12 - LRB104 11075 RPS 21157 b
435	435	HB2856 - 12 - LRB104 11075 RPS 21157 b
436	436	1 participant who has not retired and who first became a member
437	437	2 or participant on or after January 1, 2011, eligibility for a
438	438	3 survivor's or widow's annuity shall be determined by the
439	439	4 applicable Article of this Code. The initial benefit shall be
440	440	5 66 2/3% of the earned annuity without a reduction due to age. A
441	441	6 child's annuity of an otherwise eligible child shall be in the
442	442	7 amount prescribed under each Article if applicable. Any
443	443	8 survivor's or widow's annuity shall be increased (1) on each
444	444	9 January 1 occurring on or after the commencement of the
445	445	10 annuity if the deceased member died while receiving a
446	446	11 retirement annuity or (2) in other cases, on each January 1
447	447	12 occurring after the first anniversary of the commencement of
448	448	13 the annuity. Each annual increase shall be calculated at 3% or
449	449	14 one-half the annual unadjusted percentage increase (but not
450	450	15 less than zero) in the consumer price index-u for the 12 months
451	451	16 ending with the September preceding each November 1, whichever
452	452	17 is less, of the originally granted survivor's annuity. If the
453	453	18 annual unadjusted percentage change in the consumer price
454	454	19 index-u for the 12 months ending with the September preceding
455	455	20 each November 1 is zero or there is a decrease, then the
456	456	21 annuity shall not be increased.
457	457	22 (g) The benefits in Section 14-110 apply if the person is a
458	458	23 fire fighter in the fire protection service of a department, a
459	459	24 security employee of the Department of Corrections or the
460	460	25 Department of Juvenile Justice, or a security employee of the
461	461	26 Department of Innovation and Technology, as those terms are
462	462
463	463
464	464
465	465
466	466
467	467	HB2856 - 12 - LRB104 11075 RPS 21157 b
468	468
469	469
470	470	HB2856- 13 -LRB104 11075 RPS 21157 b HB2856 - 13 - LRB104 11075 RPS 21157 b
471	471	HB2856 - 13 - LRB104 11075 RPS 21157 b
472	472	1 defined in subsection (b) and subsection (c) of Section
473	473	2 14-110. A person who meets the requirements of this Section is
474	474	3 entitled to an annuity calculated under the provisions of
475	475	4 Section 14-110, in lieu of the regular or minimum retirement
476	476	5 annuity, only if the person has withdrawn from service with
477	477	6 not less than 20 years of eligible creditable service and has
478	478	7 attained age 60, regardless of whether the attainment of age
479	479	8 60 occurs while the person is still in service.
480	480	9 (g-1) The benefits in Section 14-110 apply if the person
481	481	10 is an investigator for the Department of the Lottery, as that
482	482	11 term is defined in subsection (b) and subsection (c) of
483	483	12 Section 14-110. A person who meets the requirements of this
484	484	13 Section is entitled to an annuity calculated under the
485	485	14 provisions of Section 14-110, in lieu of the regular or
486	486	15 minimum retirement annuity, only if the person has withdrawn
487	487	16 from service with not less than 20 years of eligible
488	488	17 creditable service and has attained age 55, regardless of
489	489	18 whether the attainment of age 55 occurs while the person is
490	490	19 still in service.
491	491	20 (g-5) The benefits in Section 14-110 apply if the person
492	492	21 is a State policeman, investigator for the Secretary of State,
493	493	22 conservation police officer, investigator for the Department
494	494	23 of Revenue or the Illinois Gaming Board, investigator for the
495	495	24 Office of the Attorney General, Commerce Commission police
496	496	25 officer, or arson investigator, as those terms are defined in
497	497	26 subsection (b) and subsection (c) of Section 14-110. A person
498	498
499	499
500	500
501	501
502	502
503	503	HB2856 - 13 - LRB104 11075 RPS 21157 b
504	504
505	505
506	506	HB2856- 14 -LRB104 11075 RPS 21157 b HB2856 - 14 - LRB104 11075 RPS 21157 b
507	507	HB2856 - 14 - LRB104 11075 RPS 21157 b
508	508	1 who meets the requirements of this Section is entitled to an
509	509	2 annuity calculated under the provisions of Section 14-110, in
510	510	3 lieu of the regular or minimum retirement annuity, only if the
511	511	4 person has withdrawn from service with not less than 20 years
512	512	5 of eligible creditable service and has attained age 55,
513	513	6 regardless of whether the attainment of age 55 occurs while
514	514	7 the person is still in service.
515	515	8 (h) If a person who first becomes a member or a participant
516	516	9 of a retirement system or pension fund subject to this Section
517	517	10 on or after January 1, 2011 is receiving a retirement annuity
518	518	11 or retirement pension under that system or fund and becomes a
519	519	12 member or participant under any other system or fund created
520	520	13 by this Code and is employed on a full-time basis, except for
521	521	14 those members or participants exempted from the provisions of
522	522	15 this Section under subsection (a) of this Section, then the
523	523	16 person's retirement annuity or retirement pension under that
524	524	17 system or fund shall be suspended during that employment. Upon
525	525	18 termination of that employment, the person's retirement
526	526	19 annuity or retirement pension payments shall resume and be
527	527	20 recalculated if recalculation is provided for under the
528	528	21 applicable Article of this Code.
529	529	22 If a person who first becomes a member of a retirement
530	530	23 system or pension fund subject to this Section on or after
531	531	24 January 1, 2012 and is receiving a retirement annuity or
532	532	25 retirement pension under that system or fund and accepts on a
533	533	26 contractual basis a position to provide services to a
534	534
535	535
536	536
537	537
538	538
539	539	HB2856 - 14 - LRB104 11075 RPS 21157 b
540	540
541	541
542	542	HB2856- 15 -LRB104 11075 RPS 21157 b HB2856 - 15 - LRB104 11075 RPS 21157 b
543	543	HB2856 - 15 - LRB104 11075 RPS 21157 b
544	544	1 governmental entity from which he or she has retired, then
545	545	2 that person's annuity or retirement pension earned as an
546	546	3 active employee of the employer shall be suspended during that
547	547	4 contractual service. A person receiving an annuity or
548	548	5 retirement pension under this Code shall notify the pension
549	549	6 fund or retirement system from which he or she is receiving an
550	550	7 annuity or retirement pension, as well as his or her
551	551	8 contractual employer, of his or her retirement status before
552	552	9 accepting contractual employment. A person who fails to submit
553	553	10 such notification shall be guilty of a Class A misdemeanor and
554	554	11 required to pay a fine of $1,000. Upon termination of that
555	555	12 contractual employment, the person's retirement annuity or
556	556	13 retirement pension payments shall resume and, if appropriate,
557	557	14 be recalculated under the applicable provisions of this Code.
558	558	15 (i) (Blank).
559	559	16 (j) In the case of a conflict between the provisions of
560	560	17 this Section and any other provision of this Code, the
561	561	18 provisions of this Section shall control.
562	562	19 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
563	563	20 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff.
564	564	21 5-6-22.)
565	565	22 (Text of Section from P.A. 102-813)
566	566	23 Sec. 1-160. Provisions applicable to new hires.
567	567	24 (a) The provisions of this Section apply to a person who,
568	568	25 on or after January 1, 2011, first becomes a member or a
569	569
570	570
571	571
572	572
573	573
574	574	HB2856 - 15 - LRB104 11075 RPS 21157 b
575	575
576	576
577	577	HB2856- 16 -LRB104 11075 RPS 21157 b HB2856 - 16 - LRB104 11075 RPS 21157 b
578	578	HB2856 - 16 - LRB104 11075 RPS 21157 b
579	579	1 participant under any reciprocal retirement system or pension
580	580	2 fund established under this Code, other than a retirement
581	581	3 system or pension fund established under Article 2, 3, 4, 5, 6,
582	582	4 7, 15, or 18 of this Code, notwithstanding any other provision
583	583	5 of this Code to the contrary, but do not apply to any
584	584	6 self-managed plan established under this Code or to any
585	585	7 participant of the retirement plan established under Section
586	586	8 22-101; except that this Section applies to a person who
587	587	9 elected to establish alternative credits by electing in
588	588	10 writing after January 1, 2011, but before August 8, 2011,
589	589	11 under Section 7-145.1 of this Code. Notwithstanding anything
590	590	12 to the contrary in this Section, for purposes of this Section,
591	591	13 a person who is a Tier 1 regular employee as defined in Section
592	592	14 7-109.4 of this Code or who participated in a retirement
593	593	15 system under Article 15 prior to January 1, 2011 shall be
594	594	16 deemed a person who first became a member or participant prior
595	595	17 to January 1, 2011 under any retirement system or pension fund
596	596	18 subject to this Section. The changes made to this Section by
597	597	19 Public Act 98-596 are a clarification of existing law and are
598	598	20 intended to be retroactive to January 1, 2011 (the effective
599	599	21 date of Public Act 96-889), notwithstanding the provisions of
600	600	22 Section 1-103.1 of this Code.
601	601	23 This Section does not apply to a person who first becomes a
602	602	24 noncovered employee under Article 14 on or after the
603	603	25 implementation date of the plan created under Section 1-161
604	604	26 for that Article, unless that person elects under subsection
605	605
606	606
607	607
608	608
609	609
610	610	HB2856 - 16 - LRB104 11075 RPS 21157 b
611	611
612	612
613	613	HB2856- 17 -LRB104 11075 RPS 21157 b HB2856 - 17 - LRB104 11075 RPS 21157 b
614	614	HB2856 - 17 - LRB104 11075 RPS 21157 b
615	615	1 (b) of Section 1-161 to instead receive the benefits provided
616	616	2 under this Section and the applicable provisions of that
617	617	3 Article.
618	618	4 This Section does not apply to a person who first becomes a
619	619	5 member or participant under Article 16 on or after the
620	620	6 implementation date of the plan created under Section 1-161
621	621	7 for that Article, unless that person elects under subsection
622	622	8 (b) of Section 1-161 to instead receive the benefits provided
623	623	9 under this Section and the applicable provisions of that
624	624	10 Article.
625	625	11 This Section does not apply to a person who elects under
626	626	12 subsection (c-5) of Section 1-161 to receive the benefits
627	627	13 under Section 1-161.
628	628	14 This Section does not apply to a person who first becomes a
629	629	15 member or participant of an affected pension fund on or after 6
630	630	16 months after the resolution or ordinance date, as defined in
631	631	17 Section 1-162, unless that person elects under subsection (c)
632	632	18 of Section 1-162 to receive the benefits provided under this
633	633	19 Section and the applicable provisions of the Article under
634	634	20 which he or she is a member or participant.
635	635	21 (b) "Final average salary" means, except as otherwise
636	636	22 provided in this subsection, the average monthly (or annual)
637	637	23 salary obtained by dividing the total salary or earnings
638	638	24 calculated under the Article applicable to the member or
639	639	25 participant during the 96 consecutive months (or 8 consecutive
640	640	26 years) of service within the last 120 months (or 10 years) of
641	641
642	642
643	643
644	644
645	645
646	646	HB2856 - 17 - LRB104 11075 RPS 21157 b
647	647
648	648
649	649	HB2856- 18 -LRB104 11075 RPS 21157 b HB2856 - 18 - LRB104 11075 RPS 21157 b
650	650	HB2856 - 18 - LRB104 11075 RPS 21157 b
651	651	1 service in which the total salary or earnings calculated under
652	652	2 the applicable Article was the highest by the number of months
653	653	3 (or years) of service in that period. For the purposes of a
654	654	4 person who first becomes a member or participant of any
655	655	5 retirement system or pension fund to which this Section
656	656	6 applies on or after January 1, 2011, in this Code, "final
657	657	7 average salary" shall be substituted for the following:
658	658	8 (1) (Blank).
659	659	9 (2) In Articles 8, 9, 10, 11, and 12, "highest average
660	660	10 annual salary for any 4 consecutive years within the last
661	661	11 10 years of service immediately preceding the date of
662	662	12 withdrawal".
663	663	13 (3) In Article 13, "average final salary".
664	664	14 (4) In Article 14, "final average compensation".
665	665	15 (5) In Article 17, "average salary".
666	666	16 (6) In Section 22-207, "wages or salary received by
667	667	17 him at the date of retirement or discharge".
668	668	18 A member of the Teachers' Retirement System of the State
669	669	19 of Illinois who retires on or after June 1, 2021 and for whom
670	670	20 the 2020-2021 school year is used in the calculation of the
671	671	21 member's final average salary shall use the higher of the
672	672	22 following for the purpose of determining the member's final
673	673	23 average salary:
674	674	24 (A) the amount otherwise calculated under the first
675	675	25 paragraph of this subsection; or
676	676	26 (B) an amount calculated by the Teachers' Retirement
677	677
678	678
679	679
680	680
681	681
682	682	HB2856 - 18 - LRB104 11075 RPS 21157 b
683	683
684	684
685	685	HB2856- 19 -LRB104 11075 RPS 21157 b HB2856 - 19 - LRB104 11075 RPS 21157 b
686	686	HB2856 - 19 - LRB104 11075 RPS 21157 b
687	687	1 System of the State of Illinois using the average of the
688	688	2 monthly (or annual) salary obtained by dividing the total
689	689	3 salary or earnings calculated under Article 16 applicable
690	690	4 to the member or participant during the 96 months (or 8
691	691	5 years) of service within the last 120 months (or 10 years)
692	692	6 of service in which the total salary or earnings
693	693	7 calculated under the Article was the highest by the number
694	694	8 of months (or years) of service in that period.
695	695	9 (b-5) Beginning on January 1, 2011, for all purposes under
696	696	10 this Code (including without limitation the calculation of
697	697	11 benefits and employee contributions), the annual earnings,
698	698	12 salary, or wages (based on the plan year) of a member or
699	699	13 participant to whom this Section applies shall not exceed
700	700	14 $106,800; however, that amount shall annually thereafter be
701	701	15 increased by the lesser of (i) 3% of that amount, including all
702	702	16 previous adjustments, or (ii) one-half the annual unadjusted
703	703	17 percentage increase (but not less than zero) in the consumer
704	704	18 price index-u for the 12 months ending with the September
705	705	19 preceding each November 1, including all previous adjustments.
706	706	20 For the purposes of this Section, "consumer price index-u"
707	707	21 means the index published by the Bureau of Labor Statistics of
708	708	22 the United States Department of Labor that measures the
709	709	23 average change in prices of goods and services purchased by
710	710	24 all urban consumers, United States city average, all items,
711	711	25 1982-84 = 100. The new amount resulting from each annual
712	712	26 adjustment shall be determined by the Public Pension Division
713	713
714	714
715	715
716	716
717	717
718	718	HB2856 - 19 - LRB104 11075 RPS 21157 b
719	719
720	720
721	721	HB2856- 20 -LRB104 11075 RPS 21157 b HB2856 - 20 - LRB104 11075 RPS 21157 b
722	722	HB2856 - 20 - LRB104 11075 RPS 21157 b
723	723	1 of the Department of Insurance and made available to the
724	724	2 boards of the retirement systems and pension funds by November
725	725	3 1 of each year.
726	726	4 (b-10) Beginning on January 1, 2024, for all purposes
727	727	5 under this Code (including, without limitation, the
728	728	6 calculation of benefits and employee contributions), the
729	729	7 annual earnings, salary, or wages (based on the plan year) of a
730	730	8 member or participant under Article 9 to whom this Section
731	731	9 applies shall include an annual earnings, salary, or wage cap
732	732	10 that tracks the Social Security wage base. Maximum annual
733	733	11 earnings, wages, or salary shall be the annual contribution
734	734	12 and benefit base established for the applicable year by the
735	735	13 Commissioner of the Social Security Administration under the
736	736	14 federal Social Security Act.
737	737	15 However, in no event shall the annual earnings, salary, or
738	738	16 wages for the purposes of this Article and Article 9 exceed any
739	739	17 limitation imposed on annual earnings, salary, or wages under
740	740	18 Section 1-117. Under no circumstances shall the maximum amount
741	741	19 of annual earnings, salary, or wages be greater than the
742	742	20 amount set forth in this subsection (b-10) as a result of
743	743	21 reciprocal service or any provisions regarding reciprocal
744	744	22 services, nor shall the Fund under Article 9 be required to pay
745	745	23 any refund as a result of the application of this maximum
746	746	24 annual earnings, salary, and wage cap.
747	747	25 Nothing in this subsection (b-10) shall cause or otherwise
748	748	26 result in any retroactive adjustment of any employee
749	749
750	750
751	751
752	752
753	753
754	754	HB2856 - 20 - LRB104 11075 RPS 21157 b
755	755
756	756
757	757	HB2856- 21 -LRB104 11075 RPS 21157 b HB2856 - 21 - LRB104 11075 RPS 21157 b
758	758	HB2856 - 21 - LRB104 11075 RPS 21157 b
759	759	1 contributions. Nothing in this subsection (b-10) shall cause
760	760	2 or otherwise result in any retroactive adjustment of
761	761	3 disability or other payments made between January 1, 2011 and
762	762	4 January 1, 2024.
763	763	5 (c) A member or participant is entitled to a retirement
764	764	6 annuity upon written application if he or she has attained age
765	765	7 67 (age 65, with respect to service under Article 12 that is
766	766	8 subject to this Section, for a member or participant under
767	767	9 Article 12 who first becomes a member or participant under
768	768	10 Article 12 on or after January 1, 2022 or who makes the
769	769	11 election under item (i) of subsection (d-15) of this Section)
770	770	12 and has at least 10 years of service credit and is otherwise
771	771	13 eligible under the requirements of the applicable Article.
772	772	14 A member or participant who has attained age 62 (age 60,
773	773	15 with respect to service under Article 12 that is subject to
774	774	16 this Section, for a member or participant under Article 12 who
775	775	17 first becomes a member or participant under Article 12 on or
776	776	18 after January 1, 2022 or who makes the election under item (i)
777	777	19 of subsection (d-15) of this Section) and has at least 10 years
778	778	20 of service credit and is otherwise eligible under the
779	779	21 requirements of the applicable Article may elect to receive
780	780	22 the lower retirement annuity provided in subsection (d) of
781	781	23 this Section.
782	782	24 (c-5) A person who first becomes a member or a participant
783	783	25 subject to this Section on or after July 6, 2017 (the effective
784	784	26 date of Public Act 100-23), notwithstanding any other
785	785
786	786
787	787
788	788
789	789
790	790	HB2856 - 21 - LRB104 11075 RPS 21157 b
791	791
792	792
793	793	HB2856- 22 -LRB104 11075 RPS 21157 b HB2856 - 22 - LRB104 11075 RPS 21157 b
794	794	HB2856 - 22 - LRB104 11075 RPS 21157 b
795	795	1 provision of this Code to the contrary, is entitled to a
796	796	2 retirement annuity under Article 8 or Article 11 upon written
797	797	3 application if he or she has attained age 65 and has at least
798	798	4 10 years of service credit and is otherwise eligible under the
799	799	5 requirements of Article 8 or Article 11 of this Code,
800	800	6 whichever is applicable.
801	801	7 (d) The retirement annuity of a member or participant who
802	802	8 is retiring after attaining age 62 (age 60, with respect to
803	803	9 service under Article 12 that is subject to this Section, for a
804	804	10 member or participant under Article 12 who first becomes a
805	805	11 member or participant under Article 12 on or after January 1,
806	806	12 2022 or who makes the election under item (i) of subsection
807	807	13 (d-15) of this Section) with at least 10 years of service
808	808	14 credit shall be reduced by one-half of 1% for each full month
809	809	15 that the member's age is under age 67 (age 65, with respect to
810	810	16 service under Article 12 that is subject to this Section, for a
811	811	17 member or participant under Article 12 who first becomes a
812	812	18 member or participant under Article 12 on or after January 1,
813	813	19 2022 or who makes the election under item (i) of subsection
814	814	20 (d-15) of this Section).
815	815	21 (d-5) The retirement annuity payable under Article 8 or
816	816	22 Article 11 to an eligible person subject to subsection (c-5)
817	817	23 of this Section who is retiring at age 60 with at least 10
818	818	24 years of service credit shall be reduced by one-half of 1% for
819	819	25 each full month that the member's age is under age 65.
820	820	26 (d-10) Each person who first became a member or
821	821
822	822
823	823
824	824
825	825
826	826	HB2856 - 22 - LRB104 11075 RPS 21157 b
827	827
828	828
829	829	HB2856- 23 -LRB104 11075 RPS 21157 b HB2856 - 23 - LRB104 11075 RPS 21157 b
830	830	HB2856 - 23 - LRB104 11075 RPS 21157 b
831	831	1 participant under Article 8 or Article 11 of this Code on or
832	832	2 after January 1, 2011 and prior to July 6, 2017 (the effective
833	833	3 date of Public Act 100-23) shall make an irrevocable election
834	834	4 either:
835	835	5 (i) to be eligible for the reduced retirement age
836	836	6 provided in subsections (c-5) and (d-5) of this Section,
837	837	7 the eligibility for which is conditioned upon the member
838	838	8 or participant agreeing to the increases in employee
839	839	9 contributions for age and service annuities provided in
840	840	10 subsection (a-5) of Section 8-174 of this Code (for
841	841	11 service under Article 8) or subsection (a-5) of Section
842	842	12 11-170 of this Code (for service under Article 11); or
843	843	13 (ii) to not agree to item (i) of this subsection
844	844	14 (d-10), in which case the member or participant shall
845	845	15 continue to be subject to the retirement age provisions in
846	846	16 subsections (c) and (d) of this Section and the employee
847	847	17 contributions for age and service annuity as provided in
848	848	18 subsection (a) of Section 8-174 of this Code (for service
849	849	19 under Article 8) or subsection (a) of Section 11-170 of
850	850	20 this Code (for service under Article 11).
851	851	21 The election provided for in this subsection shall be made
852	852	22 between October 1, 2017 and November 15, 2017. A person
853	853	23 subject to this subsection who makes the required election
854	854	24 shall remain bound by that election. A person subject to this
855	855	25 subsection who fails for any reason to make the required
856	856	26 election within the time specified in this subsection shall be
857	857
858	858
859	859
860	860
861	861
862	862	HB2856 - 23 - LRB104 11075 RPS 21157 b
863	863
864	864
865	865	HB2856- 24 -LRB104 11075 RPS 21157 b HB2856 - 24 - LRB104 11075 RPS 21157 b
866	866	HB2856 - 24 - LRB104 11075 RPS 21157 b
867	867	1 deemed to have made the election under item (ii).
868	868	2 (d-15) Each person who first becomes a member or
869	869	3 participant under Article 12 on or after January 1, 2011 and
870	870	4 prior to January 1, 2022 shall make an irrevocable election
871	871	5 either:
872	872	6 (i) to be eligible for the reduced retirement age
873	873	7 specified in subsections (c) and (d) of this Section, the
874	874	8 eligibility for which is conditioned upon the member or
875	875	9 participant agreeing to the increase in employee
876	876	10 contributions for service annuities specified in
877	877	11 subsection (b) of Section 12-150; or
878	878	12 (ii) to not agree to item (i) of this subsection
879	879	13 (d-15), in which case the member or participant shall not
880	880	14 be eligible for the reduced retirement age specified in
881	881	15 subsections (c) and (d) of this Section and shall not be
882	882	16 subject to the increase in employee contributions for
883	883	17 service annuities specified in subsection (b) of Section
884	884	18 12-150.
885	885	19 The election provided for in this subsection shall be made
886	886	20 between January 1, 2022 and April 1, 2022. A person subject to
887	887	21 this subsection who makes the required election shall remain
888	888	22 bound by that election. A person subject to this subsection
889	889	23 who fails for any reason to make the required election within
890	890	24 the time specified in this subsection shall be deemed to have
891	891	25 made the election under item (ii).
892	892	26 (e) Any retirement annuity or supplemental annuity shall
893	893
894	894
895	895
896	896
897	897
898	898	HB2856 - 24 - LRB104 11075 RPS 21157 b
899	899
900	900
901	901	HB2856- 25 -LRB104 11075 RPS 21157 b HB2856 - 25 - LRB104 11075 RPS 21157 b
902	902	HB2856 - 25 - LRB104 11075 RPS 21157 b
903	903	1 be subject to annual increases on the January 1 occurring
904	904	2 either on or after the attainment of age 67 (age 65, with
905	905	3 respect to service under Article 12 that is subject to this
906	906	4 Section, for a member or participant under Article 12 who
907	907	5 first becomes a member or participant under Article 12 on or
908	908	6 after January 1, 2022 or who makes the election under item (i)
909	909	7 of subsection (d-15); and beginning on July 6, 2017 (the
910	910	8 effective date of Public Act 100-23), age 65 with respect to
911	911	9 service under Article 8 or Article 11 for eligible persons
912	912	10 who: (i) are subject to subsection (c-5) of this Section; or
913	913	11 (ii) made the election under item (i) of subsection (d-10) of
914	914	12 this Section) or the first anniversary of the annuity start
915	915	13 date, whichever is later. Each annual increase shall be
916	916	14 calculated at 3% or one-half the annual unadjusted percentage
917	917	15 increase (but not less than zero) in the consumer price
918	918	16 index-u for the 12 months ending with the September preceding
919	919	17 each November 1, whichever is less, of the originally granted
920	920	18 retirement annuity. If the annual unadjusted percentage change
921	921	19 in the consumer price index-u for the 12 months ending with the
922	922	20 September preceding each November 1 is zero or there is a
923	923	21 decrease, then the annuity shall not be increased.
924	924	22 For the purposes of Section 1-103.1 of this Code, the
925	925	23 changes made to this Section by Public Act 102-263 are
926	926	24 applicable without regard to whether the employee was in
927	927	25 active service on or after August 6, 2021 (the effective date
928	928	26 of Public Act 102-263).
929	929
930	930
931	931
932	932
933	933
934	934	HB2856 - 25 - LRB104 11075 RPS 21157 b
935	935
936	936
937	937	HB2856- 26 -LRB104 11075 RPS 21157 b HB2856 - 26 - LRB104 11075 RPS 21157 b
938	938	HB2856 - 26 - LRB104 11075 RPS 21157 b
939	939	1 For the purposes of Section 1-103.1 of this Code, the
940	940	2 changes made to this Section by Public Act 100-23 are
941	941	3 applicable without regard to whether the employee was in
942	942	4 active service on or after July 6, 2017 (the effective date of
943	943	5 Public Act 100-23).
944	944	6 (f) The initial survivor's or widow's annuity of an
945	945	7 otherwise eligible survivor or widow of a retired member or
946	946	8 participant who first became a member or participant on or
947	947	9 after January 1, 2011 shall be in the amount of 66 2/3% of the
948	948	10 retired member's or participant's retirement annuity at the
949	949	11 date of death. In the case of the death of a member or
950	950	12 participant who has not retired and who first became a member
951	951	13 or participant on or after January 1, 2011, eligibility for a
952	952	14 survivor's or widow's annuity shall be determined by the
953	953	15 applicable Article of this Code. The initial benefit shall be
954	954	16 66 2/3% of the earned annuity without a reduction due to age. A
955	955	17 child's annuity of an otherwise eligible child shall be in the
956	956	18 amount prescribed under each Article if applicable. Any
957	957	19 survivor's or widow's annuity shall be increased (1) on each
958	958	20 January 1 occurring on or after the commencement of the
959	959	21 annuity if the deceased member died while receiving a
960	960	22 retirement annuity or (2) in other cases, on each January 1
961	961	23 occurring after the first anniversary of the commencement of
962	962	24 the annuity. Each annual increase shall be calculated at 3% or
963	963	25 one-half the annual unadjusted percentage increase (but not
964	964	26 less than zero) in the consumer price index-u for the 12 months
965	965
966	966
967	967
968	968
969	969
970	970	HB2856 - 26 - LRB104 11075 RPS 21157 b
971	971
972	972
973	973	HB2856- 27 -LRB104 11075 RPS 21157 b HB2856 - 27 - LRB104 11075 RPS 21157 b
974	974	HB2856 - 27 - LRB104 11075 RPS 21157 b
975	975	1 ending with the September preceding each November 1, whichever
976	976	2 is less, of the originally granted survivor's annuity. If the
977	977	3 annual unadjusted percentage change in the consumer price
978	978	4 index-u for the 12 months ending with the September preceding
979	979	5 each November 1 is zero or there is a decrease, then the
980	980	6 annuity shall not be increased.
981	981	7 (g) The benefits in Section 14-110 apply only if the
982	982	8 person is a State policeman, a fire fighter in the fire
983	983	9 protection service of a department, a conservation police
984	984	10 officer, an investigator for the Secretary of State, an arson
985	985	11 investigator, a Commerce Commission police officer,
986	986	12 investigator for the Department of Revenue or the Illinois
987	987	13 Gaming Board, a security employee of the Department of
988	988	14 Corrections or the Department of Juvenile Justice, or a
989	989	15 security employee of the Department of Innovation and
990	990	16 Technology, as those terms are defined in subsection (b) and
991	991	17 subsection (c) of Section 14-110. A person who meets the
992	992	18 requirements of this Section is entitled to an annuity
993	993	19 calculated under the provisions of Section 14-110, in lieu of
994	994	20 the regular or minimum retirement annuity, only if the person
995	995	21 has withdrawn from service with not less than 20 years of
996	996	22 eligible creditable service and has attained age 60,
997	997	23 regardless of whether the attainment of age 60 occurs while
998	998	24 the person is still in service.
999	999	25 (g-1) The benefits in Section 14-110 apply if the person
1000	1000	26 is an investigator for the Department of the Lottery, as that
1001	1001
1002	1002
1003	1003
1004	1004
1005	1005
1006	1006	HB2856 - 27 - LRB104 11075 RPS 21157 b
1007	1007
1008	1008
1009	1009	HB2856- 28 -LRB104 11075 RPS 21157 b HB2856 - 28 - LRB104 11075 RPS 21157 b
1010	1010	HB2856 - 28 - LRB104 11075 RPS 21157 b
1011	1011	1 term is defined in subsection (b) and subsection (c) of
1012	1012	2 Section 14-110. A person who meets the requirements of this
1013	1013	3 Section is entitled to an annuity calculated under the
1014	1014	4 provisions of Section 14-110, in lieu of the regular or
1015	1015	5 minimum retirement annuity, only if the person has withdrawn
1016	1016	6 from service with not less than 20 years of eligible
1017	1017	7 creditable service and has attained age 55, regardless of
1018	1018	8 whether the attainment of age 55 occurs while the person is
1019	1019	9 still in service.
1020	1020	10 (h) If a person who first becomes a member or a participant
1021	1021	11 of a retirement system or pension fund subject to this Section
1022	1022	12 on or after January 1, 2011 is receiving a retirement annuity
1023	1023	13 or retirement pension under that system or fund and becomes a
1024	1024	14 member or participant under any other system or fund created
1025	1025	15 by this Code and is employed on a full-time basis, except for
1026	1026	16 those members or participants exempted from the provisions of
1027	1027	17 this Section under subsection (a) of this Section, then the
1028	1028	18 person's retirement annuity or retirement pension under that
1029	1029	19 system or fund shall be suspended during that employment. Upon
1030	1030	20 termination of that employment, the person's retirement
1031	1031	21 annuity or retirement pension payments shall resume and be
1032	1032	22 recalculated if recalculation is provided for under the
1033	1033	23 applicable Article of this Code.
1034	1034	24 If a person who first becomes a member of a retirement
1035	1035	25 system or pension fund subject to this Section on or after
1036	1036	26 January 1, 2012 and is receiving a retirement annuity or
1037	1037
1038	1038
1039	1039
1040	1040
1041	1041
1042	1042	HB2856 - 28 - LRB104 11075 RPS 21157 b
1043	1043
1044	1044
1045	1045	HB2856- 29 -LRB104 11075 RPS 21157 b HB2856 - 29 - LRB104 11075 RPS 21157 b
1046	1046	HB2856 - 29 - LRB104 11075 RPS 21157 b
1047	1047	1 retirement pension under that system or fund and accepts on a
1048	1048	2 contractual basis a position to provide services to a
1049	1049	3 governmental entity from which he or she has retired, then
1050	1050	4 that person's annuity or retirement pension earned as an
1051	1051	5 active employee of the employer shall be suspended during that
1052	1052	6 contractual service. A person receiving an annuity or
1053	1053	7 retirement pension under this Code shall notify the pension
1054	1054	8 fund or retirement system from which he or she is receiving an
1055	1055	9 annuity or retirement pension, as well as his or her
1056	1056	10 contractual employer, of his or her retirement status before
1057	1057	11 accepting contractual employment. A person who fails to submit
1058	1058	12 such notification shall be guilty of a Class A misdemeanor and
1059	1059	13 required to pay a fine of $1,000. Upon termination of that
1060	1060	14 contractual employment, the person's retirement annuity or
1061	1061	15 retirement pension payments shall resume and, if appropriate,
1062	1062	16 be recalculated under the applicable provisions of this Code.
1063	1063	17 (i) (Blank).
1064	1064	18 (j) In the case of a conflict between the provisions of
1065	1065	19 this Section and any other provision of this Code, the
1066	1066	20 provisions of this Section shall control.
1067	1067	21 (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
1068	1068	22 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff.
1069	1069	23 5-13-22.)
1070	1070	24 (Text of Section from P.A. 102-956)
1071	1071	25 Sec. 1-160. Provisions applicable to new hires.
1072	1072
1073	1073
1074	1074
1075	1075
1076	1076
1077	1077	HB2856 - 29 - LRB104 11075 RPS 21157 b
1078	1078
1079	1079
1080	1080	HB2856- 30 -LRB104 11075 RPS 21157 b HB2856 - 30 - LRB104 11075 RPS 21157 b
1081	1081	HB2856 - 30 - LRB104 11075 RPS 21157 b
1082	1082	1 (a) The provisions of this Section apply to a person who,
1083	1083	2 on or after January 1, 2011, first becomes a member or a
1084	1084	3 participant under any reciprocal retirement system or pension
1085	1085	4 fund established under this Code, other than a retirement
1086	1086	5 system or pension fund established under Article 2, 3, 4, 5, 6,
1087	1087	6 7, 15, or 18 of this Code, notwithstanding any other provision
1088	1088	7 of this Code to the contrary, but do not apply to any
1089	1089	8 self-managed plan established under this Code or to any
1090	1090	9 participant of the retirement plan established under Section
1091	1091	10 22-101; except that this Section applies to a person who
1092	1092	11 elected to establish alternative credits by electing in
1093	1093	12 writing after January 1, 2011, but before August 8, 2011,
1094	1094	13 under Section 7-145.1 of this Code. Notwithstanding anything
1095	1095	14 to the contrary in this Section, for purposes of this Section,
1096	1096	15 a person who is a Tier 1 regular employee as defined in Section
1097	1097	16 7-109.4 of this Code or who participated in a retirement
1098	1098	17 system under Article 15 prior to January 1, 2011 shall be
1099	1099	18 deemed a person who first became a member or participant prior
1100	1100	19 to January 1, 2011 under any retirement system or pension fund
1101	1101	20 subject to this Section. The changes made to this Section by
1102	1102	21 Public Act 98-596 are a clarification of existing law and are
1103	1103	22 intended to be retroactive to January 1, 2011 (the effective
1104	1104	23 date of Public Act 96-889), notwithstanding the provisions of
1105	1105	24 Section 1-103.1 of this Code.
1106	1106	25 This Section does not apply to a person who first becomes a
1107	1107	26 noncovered employee under Article 14 on or after the
1108	1108
1109	1109
1110	1110
1111	1111
1112	1112
1113	1113	HB2856 - 30 - LRB104 11075 RPS 21157 b
1114	1114
1115	1115
1116	1116	HB2856- 31 -LRB104 11075 RPS 21157 b HB2856 - 31 - LRB104 11075 RPS 21157 b
1117	1117	HB2856 - 31 - LRB104 11075 RPS 21157 b
1118	1118	1 implementation date of the plan created under Section 1-161
1119	1119	2 for that Article, unless that person elects under subsection
1120	1120	3 (b) of Section 1-161 to instead receive the benefits provided
1121	1121	4 under this Section and the applicable provisions of that
1122	1122	5 Article.
1123	1123	6 This Section does not apply to a person who first becomes a
1124	1124	7 member or participant under Article 16 on or after the
1125	1125	8 implementation date of the plan created under Section 1-161
1126	1126	9 for that Article, unless that person elects under subsection
1127	1127	10 (b) of Section 1-161 to instead receive the benefits provided
1128	1128	11 under this Section and the applicable provisions of that
1129	1129	12 Article.
1130	1130	13 This Section does not apply to a person who elects under
1131	1131	14 subsection (c-5) of Section 1-161 to receive the benefits
1132	1132	15 under Section 1-161.
1133	1133	16 This Section does not apply to a person who first becomes a
1134	1134	17 member or participant of an affected pension fund on or after 6
1135	1135	18 months after the resolution or ordinance date, as defined in
1136	1136	19 Section 1-162, unless that person elects under subsection (c)
1137	1137	20 of Section 1-162 to receive the benefits provided under this
1138	1138	21 Section and the applicable provisions of the Article under
1139	1139	22 which he or she is a member or participant.
1140	1140	23 (b) "Final average salary" means, except as otherwise
1141	1141	24 provided in this subsection, the average monthly (or annual)
1142	1142	25 salary obtained by dividing the total salary or earnings
1143	1143	26 calculated under the Article applicable to the member or
1144	1144
1145	1145
1146	1146
1147	1147
1148	1148
1149	1149	HB2856 - 31 - LRB104 11075 RPS 21157 b
1150	1150
1151	1151
1152	1152	HB2856- 32 -LRB104 11075 RPS 21157 b HB2856 - 32 - LRB104 11075 RPS 21157 b
1153	1153	HB2856 - 32 - LRB104 11075 RPS 21157 b
1154	1154	1 participant during the 96 consecutive months (or 8 consecutive
1155	1155	2 years) of service within the last 120 months (or 10 years) of
1156	1156	3 service in which the total salary or earnings calculated under
1157	1157	4 the applicable Article was the highest by the number of months
1158	1158	5 (or years) of service in that period. For the purposes of a
1159	1159	6 person who first becomes a member or participant of any
1160	1160	7 retirement system or pension fund to which this Section
1161	1161	8 applies on or after January 1, 2011, in this Code, "final
1162	1162	9 average salary" shall be substituted for the following:
1163	1163	10 (1) (Blank).
1164	1164	11 (2) In Articles 8, 9, 10, 11, and 12, "highest average
1165	1165	12 annual salary for any 4 consecutive years within the last
1166	1166	13 10 years of service immediately preceding the date of
1167	1167	14 withdrawal".
1168	1168	15 (3) In Article 13, "average final salary".
1169	1169	16 (4) In Article 14, "final average compensation".
1170	1170	17 (5) In Article 17, "average salary".
1171	1171	18 (6) In Section 22-207, "wages or salary received by
1172	1172	19 him at the date of retirement or discharge".
1173	1173	20 A member of the Teachers' Retirement System of the State
1174	1174	21 of Illinois who retires on or after June 1, 2021 and for whom
1175	1175	22 the 2020-2021 school year is used in the calculation of the
1176	1176	23 member's final average salary shall use the higher of the
1177	1177	24 following for the purpose of determining the member's final
1178	1178	25 average salary:
1179	1179	26 (A) the amount otherwise calculated under the first
1180	1180
1181	1181
1182	1182
1183	1183
1184	1184
1185	1185	HB2856 - 32 - LRB104 11075 RPS 21157 b
1186	1186
1187	1187
1188	1188	HB2856- 33 -LRB104 11075 RPS 21157 b HB2856 - 33 - LRB104 11075 RPS 21157 b
1189	1189	HB2856 - 33 - LRB104 11075 RPS 21157 b
1190	1190	1 paragraph of this subsection; or
1191	1191	2 (B) an amount calculated by the Teachers' Retirement
1192	1192	3 System of the State of Illinois using the average of the
1193	1193	4 monthly (or annual) salary obtained by dividing the total
1194	1194	5 salary or earnings calculated under Article 16 applicable
1195	1195	6 to the member or participant during the 96 months (or 8
1196	1196	7 years) of service within the last 120 months (or 10 years)
1197	1197	8 of service in which the total salary or earnings
1198	1198	9 calculated under the Article was the highest by the number
1199	1199	10 of months (or years) of service in that period.
1200	1200	11 (b-5) Beginning on January 1, 2011, for all purposes under
1201	1201	12 this Code (including without limitation the calculation of
1202	1202	13 benefits and employee contributions), the annual earnings,
1203	1203	14 salary, or wages (based on the plan year) of a member or
1204	1204	15 participant to whom this Section applies shall not exceed
1205	1205	16 $106,800; however, that amount shall annually thereafter be
1206	1206	17 increased by the lesser of (i) 3% of that amount, including all
1207	1207	18 previous adjustments, or (ii) one-half the annual unadjusted
1208	1208	19 percentage increase (but not less than zero) in the consumer
1209	1209	20 price index-u for the 12 months ending with the September
1210	1210	21 preceding each November 1, including all previous adjustments.
1211	1211	22 For the purposes of this Section, "consumer price index-u"
1212	1212	23 means the index published by the Bureau of Labor Statistics of
1213	1213	24 the United States Department of Labor that measures the
1214	1214	25 average change in prices of goods and services purchased by
1215	1215	26 all urban consumers, United States city average, all items,
1216	1216
1217	1217
1218	1218
1219	1219
1220	1220
1221	1221	HB2856 - 33 - LRB104 11075 RPS 21157 b
1222	1222
1223	1223
1224	1224	HB2856- 34 -LRB104 11075 RPS 21157 b HB2856 - 34 - LRB104 11075 RPS 21157 b
1225	1225	HB2856 - 34 - LRB104 11075 RPS 21157 b
1226	1226	1 1982-84 = 100. The new amount resulting from each annual
1227	1227	2 adjustment shall be determined by the Public Pension Division
1228	1228	3 of the Department of Insurance and made available to the
1229	1229	4 boards of the retirement systems and pension funds by November
1230	1230	5 1 of each year.
1231	1231	6 (b-10) Beginning on January 1, 2024, for all purposes
1232	1232	7 under this Code (including, without limitation, the
1233	1233	8 calculation of benefits and employee contributions), the
1234	1234	9 annual earnings, salary, or wages (based on the plan year) of a
1235	1235	10 member or participant under Article 9 to whom this Section
1236	1236	11 applies shall include an annual earnings, salary, or wage cap
1237	1237	12 that tracks the Social Security wage base. Maximum annual
1238	1238	13 earnings, wages, or salary shall be the annual contribution
1239	1239	14 and benefit base established for the applicable year by the
1240	1240	15 Commissioner of the Social Security Administration under the
1241	1241	16 federal Social Security Act.
1242	1242	17 However, in no event shall the annual earnings, salary, or
1243	1243	18 wages for the purposes of this Article and Article 9 exceed any
1244	1244	19 limitation imposed on annual earnings, salary, or wages under
1245	1245	20 Section 1-117. Under no circumstances shall the maximum amount
1246	1246	21 of annual earnings, salary, or wages be greater than the
1247	1247	22 amount set forth in this subsection (b-10) as a result of
1248	1248	23 reciprocal service or any provisions regarding reciprocal
1249	1249	24 services, nor shall the Fund under Article 9 be required to pay
1250	1250	25 any refund as a result of the application of this maximum
1251	1251	26 annual earnings, salary, and wage cap.
1252	1252
1253	1253
1254	1254
1255	1255
1256	1256
1257	1257	HB2856 - 34 - LRB104 11075 RPS 21157 b
1258	1258
1259	1259
1260	1260	HB2856- 35 -LRB104 11075 RPS 21157 b HB2856 - 35 - LRB104 11075 RPS 21157 b
1261	1261	HB2856 - 35 - LRB104 11075 RPS 21157 b
1262	1262	1 Nothing in this subsection (b-10) shall cause or otherwise
1263	1263	2 result in any retroactive adjustment of any employee
1264	1264	3 contributions. Nothing in this subsection (b-10) shall cause
1265	1265	4 or otherwise result in any retroactive adjustment of
1266	1266	5 disability or other payments made between January 1, 2011 and
1267	1267	6 January 1, 2024.
1268	1268	7 (c) A member or participant is entitled to a retirement
1269	1269	8 annuity upon written application if he or she has attained age
1270	1270	9 67 (age 65, with respect to service under Article 12 that is
1271	1271	10 subject to this Section, for a member or participant under
1272	1272	11 Article 12 who first becomes a member or participant under
1273	1273	12 Article 12 on or after January 1, 2022 or who makes the
1274	1274	13 election under item (i) of subsection (d-15) of this Section)
1275	1275	14 and has at least 10 years of service credit and is otherwise
1276	1276	15 eligible under the requirements of the applicable Article.
1277	1277	16 A member or participant who has attained age 62 (age 60,
1278	1278	17 with respect to service under Article 12 that is subject to
1279	1279	18 this Section, for a member or participant under Article 12 who
1280	1280	19 first becomes a member or participant under Article 12 on or
1281	1281	20 after January 1, 2022 or who makes the election under item (i)
1282	1282	21 of subsection (d-15) of this Section) and has at least 10 years
1283	1283	22 of service credit and is otherwise eligible under the
1284	1284	23 requirements of the applicable Article may elect to receive
1285	1285	24 the lower retirement annuity provided in subsection (d) of
1286	1286	25 this Section.
1287	1287	26 (c-5) A person who first becomes a member or a participant
1288	1288
1289	1289
1290	1290
1291	1291
1292	1292
1293	1293	HB2856 - 35 - LRB104 11075 RPS 21157 b
1294	1294
1295	1295
1296	1296	HB2856- 36 -LRB104 11075 RPS 21157 b HB2856 - 36 - LRB104 11075 RPS 21157 b
1297	1297	HB2856 - 36 - LRB104 11075 RPS 21157 b
1298	1298	1 subject to this Section on or after July 6, 2017 (the effective
1299	1299	2 date of Public Act 100-23), notwithstanding any other
1300	1300	3 provision of this Code to the contrary, is entitled to a
1301	1301	4 retirement annuity under Article 8 or Article 11 upon written
1302	1302	5 application if he or she has attained age 65 and has at least
1303	1303	6 10 years of service credit and is otherwise eligible under the
1304	1304	7 requirements of Article 8 or Article 11 of this Code,
1305	1305	8 whichever is applicable.
1306	1306	9 (d) The retirement annuity of a member or participant who
1307	1307	10 is retiring after attaining age 62 (age 60, with respect to
1308	1308	11 service under Article 12 that is subject to this Section, for a
1309	1309	12 member or participant under Article 12 who first becomes a
1310	1310	13 member or participant under Article 12 on or after January 1,
1311	1311	14 2022 or who makes the election under item (i) of subsection
1312	1312	15 (d-15) of this Section) with at least 10 years of service
1313	1313	16 credit shall be reduced by one-half of 1% for each full month
1314	1314	17 that the member's age is under age 67 (age 65, with respect to
1315	1315	18 service under Article 12 that is subject to this Section, for a
1316	1316	19 member or participant under Article 12 who first becomes a
1317	1317	20 member or participant under Article 12 on or after January 1,
1318	1318	21 2022 or who makes the election under item (i) of subsection
1319	1319	22 (d-15) of this Section).
1320	1320	23 (d-5) The retirement annuity payable under Article 8 or
1321	1321	24 Article 11 to an eligible person subject to subsection (c-5)
1322	1322	25 of this Section who is retiring at age 60 with at least 10
1323	1323	26 years of service credit shall be reduced by one-half of 1% for
1324	1324
1325	1325
1326	1326
1327	1327
1328	1328
1329	1329	HB2856 - 36 - LRB104 11075 RPS 21157 b
1330	1330
1331	1331
1332	1332	HB2856- 37 -LRB104 11075 RPS 21157 b HB2856 - 37 - LRB104 11075 RPS 21157 b
1333	1333	HB2856 - 37 - LRB104 11075 RPS 21157 b
1334	1334	1 each full month that the member's age is under age 65.
1335	1335	2 (d-10) Each person who first became a member or
1336	1336	3 participant under Article 8 or Article 11 of this Code on or
1337	1337	4 after January 1, 2011 and prior to July 6, 2017 (the effective
1338	1338	5 date of Public Act 100-23) shall make an irrevocable election
1339	1339	6 either:
1340	1340	7 (i) to be eligible for the reduced retirement age
1341	1341	8 provided in subsections (c-5) and (d-5) of this Section,
1342	1342	9 the eligibility for which is conditioned upon the member
1343	1343	10 or participant agreeing to the increases in employee
1344	1344	11 contributions for age and service annuities provided in
1345	1345	12 subsection (a-5) of Section 8-174 of this Code (for
1346	1346	13 service under Article 8) or subsection (a-5) of Section
1347	1347	14 11-170 of this Code (for service under Article 11); or
1348	1348	15 (ii) to not agree to item (i) of this subsection
1349	1349	16 (d-10), in which case the member or participant shall
1350	1350	17 continue to be subject to the retirement age provisions in
1351	1351	18 subsections (c) and (d) of this Section and the employee
1352	1352	19 contributions for age and service annuity as provided in
1353	1353	20 subsection (a) of Section 8-174 of this Code (for service
1354	1354	21 under Article 8) or subsection (a) of Section 11-170 of
1355	1355	22 this Code (for service under Article 11).
1356	1356	23 The election provided for in this subsection shall be made
1357	1357	24 between October 1, 2017 and November 15, 2017. A person
1358	1358	25 subject to this subsection who makes the required election
1359	1359	26 shall remain bound by that election. A person subject to this
1360	1360
1361	1361
1362	1362
1363	1363
1364	1364
1365	1365	HB2856 - 37 - LRB104 11075 RPS 21157 b
1366	1366
1367	1367
1368	1368	HB2856- 38 -LRB104 11075 RPS 21157 b HB2856 - 38 - LRB104 11075 RPS 21157 b
1369	1369	HB2856 - 38 - LRB104 11075 RPS 21157 b
1370	1370	1 subsection who fails for any reason to make the required
1371	1371	2 election within the time specified in this subsection shall be
1372	1372	3 deemed to have made the election under item (ii).
1373	1373	4 (d-15) Each person who first becomes a member or
1374	1374	5 participant under Article 12 on or after January 1, 2011 and
1375	1375	6 prior to January 1, 2022 shall make an irrevocable election
1376	1376	7 either:
1377	1377	8 (i) to be eligible for the reduced retirement age
1378	1378	9 specified in subsections (c) and (d) of this Section, the
1379	1379	10 eligibility for which is conditioned upon the member or
1380	1380	11 participant agreeing to the increase in employee
1381	1381	12 contributions for service annuities specified in
1382	1382	13 subsection (b) of Section 12-150; or
1383	1383	14 (ii) to not agree to item (i) of this subsection
1384	1384	15 (d-15), in which case the member or participant shall not
1385	1385	16 be eligible for the reduced retirement age specified in
1386	1386	17 subsections (c) and (d) of this Section and shall not be
1387	1387	18 subject to the increase in employee contributions for
1388	1388	19 service annuities specified in subsection (b) of Section
1389	1389	20 12-150.
1390	1390	21 The election provided for in this subsection shall be made
1391	1391	22 between January 1, 2022 and April 1, 2022. A person subject to
1392	1392	23 this subsection who makes the required election shall remain
1393	1393	24 bound by that election. A person subject to this subsection
1394	1394	25 who fails for any reason to make the required election within
1395	1395	26 the time specified in this subsection shall be deemed to have
1396	1396
1397	1397
1398	1398
1399	1399
1400	1400
1401	1401	HB2856 - 38 - LRB104 11075 RPS 21157 b
1402	1402
1403	1403
1404	1404	HB2856- 39 -LRB104 11075 RPS 21157 b HB2856 - 39 - LRB104 11075 RPS 21157 b
1405	1405	HB2856 - 39 - LRB104 11075 RPS 21157 b
1406	1406	1 made the election under item (ii).
1407	1407	2 (e) Any retirement annuity or supplemental annuity shall
1408	1408	3 be subject to annual increases on the January 1 occurring
1409	1409	4 either on or after the attainment of age 67 (age 65, with
1410	1410	5 respect to service under Article 12 that is subject to this
1411	1411	6 Section, for a member or participant under Article 12 who
1412	1412	7 first becomes a member or participant under Article 12 on or
1413	1413	8 after January 1, 2022 or who makes the election under item (i)
1414	1414	9 of subsection (d-15); and beginning on July 6, 2017 (the
1415	1415	10 effective date of Public Act 100-23), age 65 with respect to
1416	1416	11 service under Article 8 or Article 11 for eligible persons
1417	1417	12 who: (i) are subject to subsection (c-5) of this Section; or
1418	1418	13 (ii) made the election under item (i) of subsection (d-10) of
1419	1419	14 this Section) or the first anniversary of the annuity start
1420	1420	15 date, whichever is later. Each annual increase shall be
1421	1421	16 calculated at 3% or one-half the annual unadjusted percentage
1422	1422	17 increase (but not less than zero) in the consumer price
1423	1423	18 index-u for the 12 months ending with the September preceding
1424	1424	19 each November 1, whichever is less, of the originally granted
1425	1425	20 retirement annuity. If the annual unadjusted percentage change
1426	1426	21 in the consumer price index-u for the 12 months ending with the
1427	1427	22 September preceding each November 1 is zero or there is a
1428	1428	23 decrease, then the annuity shall not be increased.
1429	1429	24 For the purposes of Section 1-103.1 of this Code, the
1430	1430	25 changes made to this Section by Public Act 102-263 are
1431	1431	26 applicable without regard to whether the employee was in
1432	1432
1433	1433
1434	1434
1435	1435
1436	1436
1437	1437	HB2856 - 39 - LRB104 11075 RPS 21157 b
1438	1438
1439	1439
1440	1440	HB2856- 40 -LRB104 11075 RPS 21157 b HB2856 - 40 - LRB104 11075 RPS 21157 b
1441	1441	HB2856 - 40 - LRB104 11075 RPS 21157 b
1442	1442	1 active service on or after August 6, 2021 (the effective date
1443	1443	2 of Public Act 102-263).
1444	1444	3 For the purposes of Section 1-103.1 of this Code, the
1445	1445	4 changes made to this Section by Public Act 100-23 are
1446	1446	5 applicable without regard to whether the employee was in
1447	1447	6 active service on or after July 6, 2017 (the effective date of
1448	1448	7 Public Act 100-23).
1449	1449	8 (f) The initial survivor's or widow's annuity of an
1450	1450	9 otherwise eligible survivor or widow of a retired member or
1451	1451	10 participant who first became a member or participant on or
1452	1452	11 after January 1, 2011 shall be in the amount of 66 2/3% of the
1453	1453	12 retired member's or participant's retirement annuity at the
1454	1454	13 date of death. In the case of the death of a member or
1455	1455	14 participant who has not retired and who first became a member
1456	1456	15 or participant on or after January 1, 2011, eligibility for a
1457	1457	16 survivor's or widow's annuity shall be determined by the
1458	1458	17 applicable Article of this Code. The initial benefit shall be
1459	1459	18 66 2/3% of the earned annuity without a reduction due to age. A
1460	1460	19 child's annuity of an otherwise eligible child shall be in the
1461	1461	20 amount prescribed under each Article if applicable. Any
1462	1462	21 survivor's or widow's annuity shall be increased (1) on each
1463	1463	22 January 1 occurring on or after the commencement of the
1464	1464	23 annuity if the deceased member died while receiving a
1465	1465	24 retirement annuity or (2) in other cases, on each January 1
1466	1466	25 occurring after the first anniversary of the commencement of
1467	1467	26 the annuity. Each annual increase shall be calculated at 3% or
1468	1468
1469	1469
1470	1470
1471	1471
1472	1472
1473	1473	HB2856 - 40 - LRB104 11075 RPS 21157 b
1474	1474
1475	1475
1476	1476	HB2856- 41 -LRB104 11075 RPS 21157 b HB2856 - 41 - LRB104 11075 RPS 21157 b
1477	1477	HB2856 - 41 - LRB104 11075 RPS 21157 b
1478	1478	1 one-half the annual unadjusted percentage increase (but not
1479	1479	2 less than zero) in the consumer price index-u for the 12 months
1480	1480	3 ending with the September preceding each November 1, whichever
1481	1481	4 is less, of the originally granted survivor's annuity. If the
1482	1482	5 annual unadjusted percentage change in the consumer price
1483	1483	6 index-u for the 12 months ending with the September preceding
1484	1484	7 each November 1 is zero or there is a decrease, then the
1485	1485	8 annuity shall not be increased.
1486	1486	9 (g) The benefits in Section 14-110 apply only if the
1487	1487	10 person is a State policeman, a fire fighter in the fire
1488	1488	11 protection service of a department, a conservation police
1489	1489	12 officer, an investigator for the Secretary of State, an
1490	1490	13 investigator for the Office of the Attorney General, an arson
1491	1491	14 investigator, a Commerce Commission police officer,
1492	1492	15 investigator for the Department of Revenue or the Illinois
1493	1493	16 Gaming Board, a security employee of the Department of
1494	1494	17 Corrections or the Department of Juvenile Justice, or a
1495	1495	18 security employee of the Department of Innovation and
1496	1496	19 Technology, as those terms are defined in subsection (b) and
1497	1497	20 subsection (c) of Section 14-110. A person who meets the
1498	1498	21 requirements of this Section is entitled to an annuity
1499	1499	22 calculated under the provisions of Section 14-110, in lieu of
1500	1500	23 the regular or minimum retirement annuity, only if the person
1501	1501	24 has withdrawn from service with not less than 20 years of
1502	1502	25 eligible creditable service and has attained age 60,
1503	1503	26 regardless of whether the attainment of age 60 occurs while
1504	1504
1505	1505
1506	1506
1507	1507
1508	1508
1509	1509	HB2856 - 41 - LRB104 11075 RPS 21157 b
1510	1510
1511	1511
1512	1512	HB2856- 42 -LRB104 11075 RPS 21157 b HB2856 - 42 - LRB104 11075 RPS 21157 b
1513	1513	HB2856 - 42 - LRB104 11075 RPS 21157 b
1514	1514	1 the person is still in service.
1515	1515	2 (g-1) The benefits in Section 14-110 apply if the person
1516	1516	3 is an investigator for the Department of the Lottery, as that
1517	1517	4 term is defined in subsection (b) and subsection (c) of
1518	1518	5 Section 14-110. A person who meets the requirements of this
1519	1519	6 Section is entitled to an annuity calculated under the
1520	1520	7 provisions of Section 14-110, in lieu of the regular or
1521	1521	8 minimum retirement annuity, only if the person has withdrawn
1522	1522	9 from service with not less than 20 years of eligible
1523	1523	10 creditable service and has attained age 55, regardless of
1524	1524	11 whether the attainment of age 55 occurs while the person is
1525	1525	12 still in service.
1526	1526	13 (h) If a person who first becomes a member or a participant
1527	1527	14 of a retirement system or pension fund subject to this Section
1528	1528	15 on or after January 1, 2011 is receiving a retirement annuity
1529	1529	16 or retirement pension under that system or fund and becomes a
1530	1530	17 member or participant under any other system or fund created
1531	1531	18 by this Code and is employed on a full-time basis, except for
1532	1532	19 those members or participants exempted from the provisions of
1533	1533	20 this Section under subsection (a) of this Section, then the
1534	1534	21 person's retirement annuity or retirement pension under that
1535	1535	22 system or fund shall be suspended during that employment. Upon
1536	1536	23 termination of that employment, the person's retirement
1537	1537	24 annuity or retirement pension payments shall resume and be
1538	1538	25 recalculated if recalculation is provided for under the
1539	1539	26 applicable Article of this Code.
1540	1540
1541	1541
1542	1542
1543	1543
1544	1544
1545	1545	HB2856 - 42 - LRB104 11075 RPS 21157 b
1546	1546
1547	1547
1548	1548	HB2856- 43 -LRB104 11075 RPS 21157 b HB2856 - 43 - LRB104 11075 RPS 21157 b
1549	1549	HB2856 - 43 - LRB104 11075 RPS 21157 b
1550	1550	1 If a person who first becomes a member of a retirement
1551	1551	2 system or pension fund subject to this Section on or after
1552	1552	3 January 1, 2012 and is receiving a retirement annuity or
1553	1553	4 retirement pension under that system or fund and accepts on a
1554	1554	5 contractual basis a position to provide services to a
1555	1555	6 governmental entity from which he or she has retired, then
1556	1556	7 that person's annuity or retirement pension earned as an
1557	1557	8 active employee of the employer shall be suspended during that
1558	1558	9 contractual service. A person receiving an annuity or
1559	1559	10 retirement pension under this Code shall notify the pension
1560	1560	11 fund or retirement system from which he or she is receiving an
1561	1561	12 annuity or retirement pension, as well as his or her
1562	1562	13 contractual employer, of his or her retirement status before
1563	1563	14 accepting contractual employment. A person who fails to submit
1564	1564	15 such notification shall be guilty of a Class A misdemeanor and
1565	1565	16 required to pay a fine of $1,000. Upon termination of that
1566	1566	17 contractual employment, the person's retirement annuity or
1567	1567	18 retirement pension payments shall resume and, if appropriate,
1568	1568	19 be recalculated under the applicable provisions of this Code.
1569	1569	20 (i) (Blank).
1570	1570	21 (j) In the case of a conflict between the provisions of
1571	1571	22 this Section and any other provision of this Code, the
1572	1572	23 provisions of this Section shall control.
1573	1573	24 (Source: P.A. 102-16, eff. 6-17-21; 102-210, eff. 1-1-22;
1574	1574	25 102-263, eff. 8-6-21; 102-956, eff. 5-27-22; 103-529, eff.
1575	1575	26 8-11-23.)
1576	1576
1577	1577
1578	1578
1579	1579
1580	1580
1581	1581	HB2856 - 43 - LRB104 11075 RPS 21157 b
1582	1582
1583	1583
1584	1584	HB2856- 44 -LRB104 11075 RPS 21157 b HB2856 - 44 - LRB104 11075 RPS 21157 b
1585	1585	HB2856 - 44 - LRB104 11075 RPS 21157 b
1586	1586	1 (40 ILCS 5/1-168 new)
1587	1587	2 Sec. 1-168. Deferred retirement option plan.
1588	1588	3 (a) In this Section:
1589	1589	4 "Applicable pension fund or retirement system" means the
1590	1590	5 pension fund or retirement system established under Article 3,
1591	1591	6 4, 5, 6, 7, 9, 14, or 15 under which the eligible member or
1592	1592	7 DROP member participates.
1593	1593	8 "Deferred retirement option plan" or "DROP" means the plan
1594	1594	9 created under this Section that provides an alternative method
1595	1595	10 of benefit accrual in the pension fund or retirement system.
1596	1596	11 "DROP member" means an eligible member who makes an
1597	1597	12 election to participate in the DROP no later than January 1,
1598	1598	13 2030.
1599	1599	14 "Eligible member" means a participating member under a
1600	1600	15 pension fund or retirement system established under Article 3,
1601	1601	16 4, 5, 6, 7, 9, 14, or 15 who, at the time of the member's
1602	1602	17 election to participate in the DROP:
1603	1603	18 (1) is otherwise eligible to retire under the
1604	1604	19 applicable Article with a pension or annuity, as
1605	1605	20 determined by the retirement system or pension fund of
1606	1606	21 which the member is an active member at the time of the
1607	1607	22 election to participate in the DROP, under any of the
1608	1608	23 following provisions:
1609	1609	24 (A) Section 1-160 for service as a deputy sheriff
1610	1610	25 in the Cook County Police Department;
1611	1611
1612	1612
1613	1613
1614	1614
1615	1615
1616	1616	HB2856 - 44 - LRB104 11075 RPS 21157 b
1617	1617
1618	1618
1619	1619	HB2856- 45 -LRB104 11075 RPS 21157 b HB2856 - 45 - LRB104 11075 RPS 21157 b
1620	1620	HB2856 - 45 - LRB104 11075 RPS 21157 b
1621	1621	1 (B) Section 3-111;
1622	1622	2 (C) Section 4-109;
1623	1623	3 (D) Section 5-132;
1624	1624	4 (E) Section 5-238;
1625	1625	5 (F) Section 6-128;
1626	1626	6 (G) Section 6-229;
1627	1627	7 (H) Section 7-142.1;
1628	1628	8 (I) Section 9-128.1;
1629	1629	9 (J) Section 14-110 for eligible creditable service
1630	1630	10 as a State policeman or a fire fighter in the fire
1631	1631	11 protection service of a department; or
1632	1632	12 (K) Rule 4 of Section 15-136 for service as a
1633	1633	13 police officer;
1634	1634	14 (2) is not in receipt of a disability benefit or
1635	1635	15 retirement annuity from the applicable retirement system
1636	1636	16 or pension fund at the time of his or her election to
1637	1637	17 participate in the DROP;
1638	1638	18 (3) is actively employed as a police officer,
1639	1639	19 firefighter, policeman, fireman, sheriff's law enforcement
1640	1640	20 employee, deputy sheriff in the Cook County Police
1641	1641	21 Department, State policeman, or fire fighter in the fire
1642	1642	22 protection service of a department, as described or
1643	1643	23 defined under the applicable Article; and
1644	1644	24 (4) is not subject to mandatory retirement under the
1645	1645	25 law and will not become subject to mandatory retirement
1646	1646	26 under the law during participation in the DROP.
1647	1647
1648	1648
1649	1649
1650	1650
1651	1651
1652	1652	HB2856 - 45 - LRB104 11075 RPS 21157 b
1653	1653
1654	1654
1655	1655	HB2856- 46 -LRB104 11075 RPS 21157 b HB2856 - 46 - LRB104 11075 RPS 21157 b
1656	1656	HB2856 - 46 - LRB104 11075 RPS 21157 b
1657	1657	1 (b) The DROP shall be made available to eligible members
1658	1658	2 no later than January 1, 2027.
1659	1659	3 (c) Eligible members must make their election to
1660	1660	4 participate in the DROP in writing with the applicable pension
1661	1661	5 fund or retirement system in a form acceptable to the
1662	1662	6 applicable pension fund or retirement system. The applicable
1663	1663	7 pension fund or retirement system must process the election
1664	1664	8 and begin crediting an account on behalf of the DROP member as
1665	1665	9 soon as is practicable after the election has been received.
1666	1666	10 At the time of or prior to electing to participate in the
1667	1667	11 DROP, a member must, unless otherwise provided by law, make
1668	1668	12 all other elections required to be made at or before the date
1669	1669	13 of retirement, including, but not limited to, purchase of
1670	1670	14 optional service, election of an accelerated pension benefit
1671	1671	15 payment, or any other election identified by the retirement
1672	1672	16 system or pension fund.
1673	1673	17 (d) An eligible member may participate in the DROP for a
1674	1674	18 period not to exceed 5 years from the date of the eligible
1675	1675	19 member's election.
1676	1676	20 (e) During the period of the DROP member's participation
1677	1677	21 in the DROP, the applicable pension fund or retirement system
1678	1678	22 shall transfer and credit into a notional account on behalf of
1679	1679	23 the DROP member an amount equal to the monthly amount of
1680	1680	24 retirement annuity the DROP member would otherwise be eligible
1681	1681	25 to receive if the DROP member had retired on the date of the
1682	1682	26 election under this Section. A DROP member who is entitled to a
1683	1683
1684	1684
1685	1685
1686	1686
1687	1687
1688	1688	HB2856 - 46 - LRB104 11075 RPS 21157 b
1689	1689
1690	1690
1691	1691	HB2856- 47 -LRB104 11075 RPS 21157 b HB2856 - 47 - LRB104 11075 RPS 21157 b
1692	1692	HB2856 - 47 - LRB104 11075 RPS 21157 b
1693	1693	1 benefit from a participating system under the Retirement
1694	1694	2 Systems Reciprocal Act shall be eligible to have the benefit
1695	1695	3 the DROP member would have otherwise been eligible to receive
1696	1696	4 if the DROP member retired on the date of the election under
1697	1697	5 this Section deposited with the applicable pension fund or
1698	1698	6 retirement system in the DROP member's DROP account and
1699	1699	7 administered in a manner consistent with the requirements of
1700	1700	8 this Section. The applicable pension fund or retirement system
1701	1701	9 shall deduct any amounts required to be deducted under State
1702	1702	10 or federal law, including, but not limited to, payments
1703	1703	11 required under a Qualified Illinois Domestic Relations Order
1704	1704	12 under Section 1-119. Any automatic annual increases that would
1705	1705	13 have otherwise been applied to the DROP member's benefit if
1706	1706	14 the DROP member had elected to retire instead of participate
1707	1707	15 in the DROP shall accrue to the DROP member's monthly payment
1708	1708	16 placed into the account prior to the expiration of the DROP and
1709	1709	17 shall otherwise apply to the DROP member's annuity upon
1710	1710	18 expiration of the DROP. The account shall be held on behalf of
1711	1711	19 the DROP member.
1712	1712	20 (f) DROP members shall make contributions to the
1713	1713	21 applicable pension fund or retirement system during their
1714	1714	22 participation in the DROP in an amount equal to the employee
1715	1715	23 contributions under the applicable Article that would
1716	1716	24 otherwise be required if the DROP member were an active
1717	1717	25 participant of the applicable pension fund or retirement
1718	1718	26 system. Those amounts shall be credited to the member's DROP
1719	1719
1720	1720
1721	1721
1722	1722
1723	1723
1724	1724	HB2856 - 47 - LRB104 11075 RPS 21157 b
1725	1725
1726	1726
1727	1727	HB2856- 48 -LRB104 11075 RPS 21157 b HB2856 - 48 - LRB104 11075 RPS 21157 b
1728	1728	HB2856 - 48 - LRB104 11075 RPS 21157 b
1729	1729	1 account, minus any administrative costs determined by the
1730	1730	2 pension fund or retirement system to be attributable to the
1731	1731	3 administration of the DROP benefits experienced by the
1732	1732	4 applicable pension fund or retirement system.
1733	1733	5 (g) The amounts credited to the DROP account shall be held
1734	1734	6 in notional accounts by the applicable pension fund or
1735	1735	7 retirement system. The amounts in the DROP account shall
1736	1736	8 accrue interest based on the actual rate of return on
1737	1737	9 investment experienced by the applicable pension fund or
1738	1738	10 retirement system, as determined annually by the applicable
1739	1739	11 pension fund or retirement system. If, in any year, the actual
1740	1740	12 rate of return on investment experienced by the applicable
1741	1741	13 pension fund or retirement system is less than zero, the
1742	1742	14 interest accrual for that year shall be zero. The applicable
1743	1743	15 pension fund or retirement system shall reduce the amounts in
1744	1744	16 the DROP account on a schedule set by the applicable pension
1745	1745	17 fund or retirement system to cover all of the administrative
1746	1746	18 costs of the applicable pension fund or retirement system that
1747	1747	19 are deemed to be attributable to the administration of the
1748	1748	20 DROP account and any duties required under this Section.
1749	1749	21 (h) Upon expiration or termination of the DROP member's
1750	1750	22 participation in the DROP, the account balance shall be paid
1751	1751	23 to the DROP member as a lump sum. The applicable pension fund
1752	1752	24 or retirement system shall provide options for the transfer of
1753	1753	25 the account consistent with its fiduciary duty and any
1754	1754	26 applicable State or federal law. The expiration or termination
1755	1755
1756	1756
1757	1757
1758	1758
1759	1759
1760	1760	HB2856 - 48 - LRB104 11075 RPS 21157 b
1761	1761
1762	1762
1763	1763	HB2856- 49 -LRB104 11075 RPS 21157 b HB2856 - 49 - LRB104 11075 RPS 21157 b
1764	1764	HB2856 - 49 - LRB104 11075 RPS 21157 b
1765	1765	1 of a DROP member's participation in the DROP may not occur
1766	1766	2 after January 1, 2035.
1767	1767	3 (i) The DROP election is irrevocable, and the DROP member
1768	1768	4 may not, except as otherwise provided in this Section, access
1769	1769	5 the account prior to the date established as the last day of
1770	1770	6 the DROP when the DROP member made the initial election to
1771	1771	7 participate in the DROP. The DROP member must terminate
1772	1772	8 employment with the employer upon expiration of his or her
1773	1773	9 participation in the DROP. The DROP member's participation in
1774	1774	10 the DROP shall terminate prior to the expiration date:
1775	1775	11 (1) if the DROP member terminates employment with the
1776	1776	12 employer prior to the expiration of the designated DROP
1777	1777	13 period;
1778	1778	14 (2) if the DROP member becomes eligible for and begins
1779	1779	15 collecting a disability benefit from the pension fund or
1780	1780	16 retirement system; or
1781	1781	17 (3) upon the death of the DROP member.
1782	1782	18 Upon termination from the DROP, the member shall commence
1783	1783	19 his or her retirement annuity from the pension fund or
1784	1784	20 retirement system. After termination or expiration of a
1785	1785	21 member's participation in the DROP, the member may not
1786	1786	22 participate in employment in any way that would require the
1787	1787	23 member to become an active contributing member of the
1788	1788	24 retirement system or pension fund.
1789	1789	25 The applicable pension fund or retirement system may allow
1790	1790	26 for the payment of the balance of the DROP account prior to the
1791	1791
1792	1792
1793	1793
1794	1794
1795	1795
1796	1796	HB2856 - 49 - LRB104 11075 RPS 21157 b
1797	1797
1798	1798
1799	1799	HB2856- 50 -LRB104 11075 RPS 21157 b HB2856 - 50 - LRB104 11075 RPS 21157 b
1800	1800	HB2856 - 50 - LRB104 11075 RPS 21157 b
1801	1801	1 last date of participation in the DROP established by the DROP
1802	1802	2 member when the DROP member made the initial election to
1803	1803	3 participate in the DROP if (i) the member's participation in
1804	1804	4 the DROP terminated and (ii) the applicable pension fund or
1805	1805	5 retirement system determines the DROP member should have
1806	1806	6 access to the DROP account balance due to hardship or
1807	1807	7 necessity as determined by the applicable pension fund or
1808	1808	8 retirement system.
1809	1809	9 (j) A DROP member shall be considered in active service
1810	1810	10 for purposes of eligibility for death and disability benefits
1811	1811	11 and access to any health care benefits provided for by the
1812	1812	12 employer and shall retain all rights of employment as
1813	1813	13 established under the DROP member's collective bargaining
1814	1814	14 agreement.
1815	1815	15 The DROP member shall not accrue additional service credit
1816	1816	16 in the pension fund or retirement system while participating
1817	1817	17 in the DROP, regardless of any service accruals, future pay
1818	1818	18 increases, active cost of living adjustments, or promotions.
1819	1819	19 Additionally, the DROP member shall not be eligible to
1820	1820	20 purchase any optional service credit or to repay any refunds.
1821	1821	21 Eligibility for a surviving spouse benefit shall be
1822	1822	22 determined at the time of the DROP election.
1823	1823	23 Any amounts due to an alternate payee under a Qualified
1824	1824	24 Illinois Domestic Relations Order under Section 1-119 shall be
1825	1825	25 calculated at the time of the DROP election and such amounts
1826	1826	26 shall be payable at the time of election.
1827	1827
1828	1828
1829	1829
1830	1830
1831	1831
1832	1832	HB2856 - 50 - LRB104 11075 RPS 21157 b
1833	1833
1834	1834
1835	1835	HB2856- 51 -LRB104 11075 RPS 21157 b HB2856 - 51 - LRB104 11075 RPS 21157 b
1836	1836	HB2856 - 51 - LRB104 11075 RPS 21157 b
1837	1837	1 If the DROP member's designated beneficiary predeceases
1838	1838	2 the DROP member and the DROP member dies before designating a
1839	1839	3 new beneficiary, the DROP member's DROP account shall be paid
1840	1840	4 to the DROP member's estate.
1841	1841	5 When determining if a member is owed a refund of
1842	1842	6 contributions due to the member's death prior to collecting an
1843	1843	7 amount equal to or greater than the member's contributions,
1844	1844	8 the proceeds of the DROP account shall be considered part of
1845	1845	9 the total payment made to the member or the member's estate.
1846	1846	10 (k) It is intended that the DROP shall not jeopardize the
1847	1847	11 tax qualified status of the pension fund or retirement system.
1848	1848	12 The pension fund or retirement system shall have the authority
1849	1849	13 to adopt rules necessary or appropriate for the DROP to
1850	1850	14 maintain compliance with applicable federal laws and
1851	1851	15 regulations. Notwithstanding any other provision of this Code,
1852	1852	16 all benefits provided under the DROP shall be subject to the
1853	1853	17 requirements and limits of the Internal Revenue Code of 1986,
1854	1854	18 as amended.
1855	1855	19 (l) Each applicable pension fund or retirement system
1856	1856	20 shall be the administrator of the DROP plan created in this
1857	1857	21 Section. The administration shall be subject to any applicable
1858	1858	22 laws, and the pension fund or retirement system shall
1859	1859	23 administer the program in the best interest of the DROP
1860	1860	24 members in a way that a prudent person in a similar
1861	1861	25 circumstance would.
1862	1862
1863	1863
1864	1864
1865	1865
1866	1866
1867	1867	HB2856 - 51 - LRB104 11075 RPS 21157 b
1868	1868
1869	1869
1870	1870	HB2856- 52 -LRB104 11075 RPS 21157 b HB2856 - 52 - LRB104 11075 RPS 21157 b
1871	1871	HB2856 - 52 - LRB104 11075 RPS 21157 b
1872	1872	1 (40 ILCS 5/3-144.3 new)
1873	1873	2 Sec. 3-144.3. Retirement Systems Reciprocal Act. The
1874	1874	3 Retirement Systems Reciprocal Act, Article 20 of this Code, is
1875	1875	4 adopted and made a part of this Article, but only with respect
1876	1876	5 to a person who, on or after the effective date of this
1877	1877	6 amendatory Act of the 104th General Assembly, is entitled
1878	1878	7 under this Article or through a participating system under the
1879	1879	8 Retirement Systems Reciprocal Act, as defined in Section
1880	1880	9 20-108, to begin receiving a retirement annuity or survivor's
1881	1881	10 annuity (as those terms are defined in Article 20) and who
1882	1882	11 elects to proceed under the Retirement Systems Reciprocal Act.
1883	1883	12 (40 ILCS 5/4-138.15 new)
1884	1884	13 Sec. 4-138.15. Retirement Systems Reciprocal Act. The
1885	1885	14 Retirement Systems Reciprocal Act, Article 20 of this Code, is
1886	1886	15 adopted and made a part of this Article, but only with respect
1887	1887	16 to a person who, on or after the effective date of this
1888	1888	17 amendatory Act of the 104th General Assembly, is entitled
1889	1889	18 under this Article or through a participating system under the
1890	1890	19 Retirement Systems Reciprocal Act, as defined in Section
1891	1891	20 20-108, to begin receiving a retirement annuity or survivor's
1892	1892	21 annuity (as those terms are defined in Article 20) and who
1893	1893	22 elects to proceed under the Retirement Systems Reciprocal Act.
1894	1894	23 (40 ILCS 5/5-240 new)
1895	1895	24 Sec. 5-240. Retirement Systems Reciprocal Act. The
1896	1896
1897	1897
1898	1898
1899	1899
1900	1900
1901	1901	HB2856 - 52 - LRB104 11075 RPS 21157 b
1902	1902
1903	1903
1904	1904	HB2856- 53 -LRB104 11075 RPS 21157 b HB2856 - 53 - LRB104 11075 RPS 21157 b
1905	1905	HB2856 - 53 - LRB104 11075 RPS 21157 b
1906	1906	1 Retirement Systems Reciprocal Act, Article 20 of this Code, is
1907	1907	2 adopted and made a part of this Article, but only with respect
1908	1908	3 to a person who, on or after the effective date of this
1909	1909	4 amendatory Act of the 104th General Assembly, is entitled
1910	1910	5 under this Article or through a participating system under the
1911	1911	6 Retirement Systems Reciprocal Act, as defined in Section
1912	1912	7 20-108, to begin receiving a retirement annuity or survivor's
1913	1913	8 annuity (as those terms are defined in Article 20) and who
1914	1914	9 elects to proceed under the Retirement Systems Reciprocal Act.
1915	1915	10 (40 ILCS 5/6-232 new)
1916	1916	11 Sec. 6-232. Retirement Systems Reciprocal Act. The
1917	1917	12 Retirement Systems Reciprocal Act, Article 20 of this Code, is
1918	1918	13 adopted and made a part of this Article, but only with respect
1919	1919	14 to a person who, on or after the effective date of this
1920	1920	15 amendatory Act of the 104th General Assembly, is entitled
1921	1921	16 under this Article or through a participating system under the
1922	1922	17 Retirement Systems Reciprocal Act, as defined in Section
1923	1923	18 20-108, to begin receiving a retirement annuity or survivor's
1924	1924	19 annuity (as those terms are defined in Article 20) and who
1925	1925	20 elects to proceed under the Retirement Systems Reciprocal Act.
1926	1926	21 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
1927	1927	22 (Text of Section from P.A. 102-813 and 103-34)
1928	1928	23 Sec. 14-110. Alternative retirement annuity.
1929	1929	24 (a) Any member who has withdrawn from service with not
1930	1930
1931	1931
1932	1932
1933	1933
1934	1934
1935	1935	HB2856 - 53 - LRB104 11075 RPS 21157 b
1936	1936
1937	1937
1938	1938	HB2856- 54 -LRB104 11075 RPS 21157 b HB2856 - 54 - LRB104 11075 RPS 21157 b
1939	1939	HB2856 - 54 - LRB104 11075 RPS 21157 b
1940	1940	1 less than 20 years of eligible creditable service and has
1941	1941	2 attained age 55, and any member who has withdrawn from service
1942	1942	3 with not less than 25 years of eligible creditable service and
1943	1943	4 has attained age 50, regardless of whether the attainment of
1944	1944	5 either of the specified ages occurs while the member is still
1945	1945	6 in service, shall be entitled to receive at the option of the
1946	1946	7 member, in lieu of the regular or minimum retirement annuity,
1947	1947	8 a retirement annuity computed as follows:
1948	1948	9 (i) for periods of service as a noncovered employee:
1949	1949	10 if retirement occurs on or after January 1, 2001, 3% of
1950	1950	11 final average compensation for each year of creditable
1951	1951	12 service; if retirement occurs before January 1, 2001, 2
1952	1952	13 1/4% of final average compensation for each of the first
1953	1953	14 10 years of creditable service, 2 1/2% for each year above
1954	1954	15 10 years to and including 20 years of creditable service,
1955	1955	16 and 2 3/4% for each year of creditable service above 20
1956	1956	17 years; and
1957	1957	18 (ii) for periods of eligible creditable service as a
1958	1958	19 covered employee: if retirement occurs on or after January
1959	1959	20 1, 2001, 2.5% of final average compensation for each year
1960	1960	21 of creditable service; if retirement occurs before January
1961	1961	22 1, 2001, 1.67% of final average compensation for each of
1962	1962	23 the first 10 years of such service, 1.90% for each of the
1963	1963	24 next 10 years of such service, 2.10% for each year of such
1964	1964	25 service in excess of 20 but not exceeding 30, and 2.30% for
1965	1965	26 each year in excess of 30.
1966	1966
1967	1967
1968	1968
1969	1969
1970	1970
1971	1971	HB2856 - 54 - LRB104 11075 RPS 21157 b
1972	1972
1973	1973
1974	1974	HB2856- 55 -LRB104 11075 RPS 21157 b HB2856 - 55 - LRB104 11075 RPS 21157 b
1975	1975	HB2856 - 55 - LRB104 11075 RPS 21157 b
1976	1976	1 Such annuity shall be subject to a maximum of 75% of final
1977	1977	2 average compensation if retirement occurs before January 1,
1978	1978	3 2001 or to a maximum of 80% of final average compensation if
1979	1979	4 retirement occurs on or after January 1, 2001.
1980	1980	5 These rates shall not be applicable to any service
1981	1981	6 performed by a member as a covered employee which is not
1982	1982	7 eligible creditable service. Service as a covered employee
1983	1983	8 which is not eligible creditable service shall be subject to
1984	1984	9 the rates and provisions of Section 14-108.
1985	1985	10 (b) For the purpose of this Section, "eligible creditable
1986	1986	11 service" means creditable service resulting from service in
1987	1987	12 one or more of the following positions:
1988	1988	13 (1) State policeman;
1989	1989	14 (2) fire fighter in the fire protection service of a
1990	1990	15 department;
1991	1991	16 (3) air pilot;
1992	1992	17 (4) special agent;
1993	1993	18 (5) investigator for the Secretary of State;
1994	1994	19 (6) conservation police officer;
1995	1995	20 (7) investigator for the Department of Revenue or the
1996	1996	21 Illinois Gaming Board;
1997	1997	22 (8) security employee of the Department of Human
1998	1998	23 Services;
1999	1999	24 (9) Central Management Services security police
2000	2000	25 officer;
2001	2001	26 (10) security employee of the Department of
2002	2002
2003	2003
2004	2004
2005	2005
2006	2006
2007	2007	HB2856 - 55 - LRB104 11075 RPS 21157 b
2008	2008
2009	2009
2010	2010	HB2856- 56 -LRB104 11075 RPS 21157 b HB2856 - 56 - LRB104 11075 RPS 21157 b
2011	2011	HB2856 - 56 - LRB104 11075 RPS 21157 b
2012	2012	1 Corrections or the Department of Juvenile Justice;
2013	2013	2 (11) dangerous drugs investigator;
2014	2014	3 (12) investigator for the Illinois State Police;
2015	2015	4 (13) investigator for the Office of the Attorney
2016	2016	5 General;
2017	2017	6 (14) controlled substance inspector;
2018	2018	7 (15) investigator for the Office of the State's
2019	2019	8 Attorneys Appellate Prosecutor;
2020	2020	9 (16) Commerce Commission police officer;
2021	2021	10 (17) arson investigator;
2022	2022	11 (18) State highway maintenance worker;
2023	2023	12 (19) security employee of the Department of Innovation
2024	2024	13 and Technology; or
2025	2025	14 (20) transferred employee; or .
2026	2026	15 (21) investigator for the Department of the Lottery.
2027	2027	16 A person employed in one of the positions specified in
2028	2028	17 this subsection is entitled to eligible creditable service for
2029	2029	18 service credit earned under this Article while undergoing the
2030	2030	19 basic police training course approved by the Illinois Law
2031	2031	20 Enforcement Training Standards Board, if completion of that
2032	2032	21 training is required of persons serving in that position. For
2033	2033	22 the purposes of this Code, service during the required basic
2034	2034	23 police training course shall be deemed performance of the
2035	2035	24 duties of the specified position, even though the person is
2036	2036	25 not a sworn peace officer at the time of the training.
2037	2037	26 A person under paragraph (20) is entitled to eligible
2038	2038
2039	2039
2040	2040
2041	2041
2042	2042
2043	2043	HB2856 - 56 - LRB104 11075 RPS 21157 b
2044	2044
2045	2045
2046	2046	HB2856- 57 -LRB104 11075 RPS 21157 b HB2856 - 57 - LRB104 11075 RPS 21157 b
2047	2047	HB2856 - 57 - LRB104 11075 RPS 21157 b
2048	2048	1 creditable service for service credit earned under this
2049	2049	2 Article on and after his or her transfer by Executive Order No.
2050	2050	3 2003-10, Executive Order No. 2004-2, or Executive Order No.
2051	2051	4 2016-1.
2052	2052	5 (c) For the purposes of this Section:
2053	2053	6 (1) The term "State policeman" includes any title or
2054	2054	7 position in the Illinois State Police that is held by an
2055	2055	8 individual employed under the Illinois State Police Act.
2056	2056	9 (2) The term "fire fighter in the fire protection
2057	2057	10 service of a department" includes all officers in such
2058	2058	11 fire protection service including fire chiefs and
2059	2059	12 assistant fire chiefs.
2060	2060	13 (3) The term "air pilot" includes any employee whose
2061	2061	14 official job description on file in the Department of
2062	2062	15 Central Management Services, or in the department by which
2063	2063	16 he is employed if that department is not covered by the
2064	2064	17 Personnel Code, states that his principal duty is the
2065	2065	18 operation of aircraft, and who possesses a pilot's
2066	2066	19 license; however, the change in this definition made by
2067	2067	20 Public Act 83-842 shall not operate to exclude any
2068	2068	21 noncovered employee who was an "air pilot" for the
2069	2069	22 purposes of this Section on January 1, 1984.
2070	2070	23 (4) The term "special agent" means any person who by
2071	2071	24 reason of employment by the Division of Narcotic Control,
2072	2072	25 the Bureau of Investigation or, after July 1, 1977, the
2073	2073	26 Division of Criminal Investigation, the Division of
2074	2074
2075	2075
2076	2076
2077	2077
2078	2078
2079	2079	HB2856 - 57 - LRB104 11075 RPS 21157 b
2080	2080
2081	2081
2082	2082	HB2856- 58 -LRB104 11075 RPS 21157 b HB2856 - 58 - LRB104 11075 RPS 21157 b
2083	2083	HB2856 - 58 - LRB104 11075 RPS 21157 b
2084	2084	1 Internal Investigation, the Division of Operations, the
2085	2085	2 Division of Patrol, or any other Division or
2086	2086	3 organizational entity in the Illinois State Police is
2087	2087	4 vested by law with duties to maintain public order,
2088	2088	5 investigate violations of the criminal law of this State,
2089	2089	6 enforce the laws of this State, make arrests and recover
2090	2090	7 property. The term "special agent" includes any title or
2091	2091	8 position in the Illinois State Police that is held by an
2092	2092	9 individual employed under the Illinois State Police Act.
2093	2093	10 (5) The term "investigator for the Secretary of State"
2094	2094	11 means any person employed by the Office of the Secretary
2095	2095	12 of State and vested with such investigative duties as
2096	2096	13 render him ineligible for coverage under the Social
2097	2097	14 Security Act by reason of Sections 218(d)(5)(A),
2098	2098	15 218(d)(8)(D) and 218(l)(1) of that Act.
2099	2099	16 A person who became employed as an investigator for
2100	2100	17 the Secretary of State between January 1, 1967 and
2101	2101	18 December 31, 1975, and who has served as such until
2102	2102	19 attainment of age 60, either continuously or with a single
2103	2103	20 break in service of not more than 3 years duration, which
2104	2104	21 break terminated before January 1, 1976, shall be entitled
2105	2105	22 to have his retirement annuity calculated in accordance
2106	2106	23 with subsection (a), notwithstanding that he has less than
2107	2107	24 20 years of credit for such service.
2108	2108	25 (6) The term "Conservation Police Officer" means any
2109	2109	26 person employed by the Division of Law Enforcement of the
2110	2110
2111	2111
2112	2112
2113	2113
2114	2114
2115	2115	HB2856 - 58 - LRB104 11075 RPS 21157 b
2116	2116
2117	2117
2118	2118	HB2856- 59 -LRB104 11075 RPS 21157 b HB2856 - 59 - LRB104 11075 RPS 21157 b
2119	2119	HB2856 - 59 - LRB104 11075 RPS 21157 b
2120	2120	1 Department of Natural Resources and vested with such law
2121	2121	2 enforcement duties as render him ineligible for coverage
2122	2122	3 under the Social Security Act by reason of Sections
2123	2123	4 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
2124	2124	5 term "Conservation Police Officer" includes the positions
2125	2125	6 of Chief Conservation Police Administrator and Assistant
2126	2126	7 Conservation Police Administrator.
2127	2127	8 (7) The term "investigator for the Department of
2128	2128	9 Revenue" means any person employed by the Department of
2129	2129	10 Revenue and vested with such investigative duties as
2130	2130	11 render him ineligible for coverage under the Social
2131	2131	12 Security Act by reason of Sections 218(d)(5)(A),
2132	2132	13 218(d)(8)(D) and 218(l)(1) of that Act.
2133	2133	14 The term "investigator for the Illinois Gaming Board"
2134	2134	15 means any person employed as such by the Illinois Gaming
2135	2135	16 Board and vested with such peace officer duties as render
2136	2136	17 the person ineligible for coverage under the Social
2137	2137	18 Security Act by reason of Sections 218(d)(5)(A),
2138	2138	19 218(d)(8)(D), and 218(l)(1) of that Act.
2139	2139	20 (8) The term "security employee of the Department of
2140	2140	21 Human Services" means any person employed by the
2141	2141	22 Department of Human Services who (i) is employed at the
2142	2142	23 Chester Mental Health Center and has daily contact with
2143	2143	24 the residents thereof, (ii) is employed within a security
2144	2144	25 unit at a facility operated by the Department and has
2145	2145	26 daily contact with the residents of the security unit,
2146	2146
2147	2147
2148	2148
2149	2149
2150	2150
2151	2151	HB2856 - 59 - LRB104 11075 RPS 21157 b
2152	2152
2153	2153
2154	2154	HB2856- 60 -LRB104 11075 RPS 21157 b HB2856 - 60 - LRB104 11075 RPS 21157 b
2155	2155	HB2856 - 60 - LRB104 11075 RPS 21157 b
2156	2156	1 (iii) is employed at a facility operated by the Department
2157	2157	2 that includes a security unit and is regularly scheduled
2158	2158	3 to work at least 50% of his or her working hours within
2159	2159	4 that security unit, or (iv) is a mental health police
2160	2160	5 officer. "Mental health police officer" means any person
2161	2161	6 employed by the Department of Human Services in a position
2162	2162	7 pertaining to the Department's mental health and
2163	2163	8 developmental disabilities functions who is vested with
2164	2164	9 such law enforcement duties as render the person
2165	2165	10 ineligible for coverage under the Social Security Act by
2166	2166	11 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
2167	2167	12 218(l)(1) of that Act. "Security unit" means that portion
2168	2168	13 of a facility that is devoted to the care, containment,
2169	2169	14 and treatment of persons committed to the Department of
2170	2170	15 Human Services as sexually violent persons, persons unfit
2171	2171	16 to stand trial, or persons not guilty by reason of
2172	2172	17 insanity. With respect to past employment, references to
2173	2173	18 the Department of Human Services include its predecessor,
2174	2174	19 the Department of Mental Health and Developmental
2175	2175	20 Disabilities.
2176	2176	21 The changes made to this subdivision (c)(8) by Public
2177	2177	22 Act 92-14 apply to persons who retire on or after January
2178	2178	23 1, 2001, notwithstanding Section 1-103.1.
2179	2179	24 (9) "Central Management Services security police
2180	2180	25 officer" means any person employed by the Department of
2181	2181	26 Central Management Services who is vested with such law
2182	2182
2183	2183
2184	2184
2185	2185
2186	2186
2187	2187	HB2856 - 60 - LRB104 11075 RPS 21157 b
2188	2188
2189	2189
2190	2190	HB2856- 61 -LRB104 11075 RPS 21157 b HB2856 - 61 - LRB104 11075 RPS 21157 b
2191	2191	HB2856 - 61 - LRB104 11075 RPS 21157 b
2192	2192	1 enforcement duties as render him ineligible for coverage
2193	2193	2 under the Social Security Act by reason of Sections
2194	2194	3 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2195	2195	4 (10) For a member who first became an employee under
2196	2196	5 this Article before July 1, 2005, the term "security
2197	2197	6 employee of the Department of Corrections or the
2198	2198	7 Department of Juvenile Justice" means any employee of the
2199	2199	8 Department of Corrections or the Department of Juvenile
2200	2200	9 Justice or the former Department of Personnel, and any
2201	2201	10 member or employee of the Prisoner Review Board, who has
2202	2202	11 daily contact with inmates or youth by working within a
2203	2203	12 correctional facility or Juvenile facility operated by the
2204	2204	13 Department of Juvenile Justice or who is a parole officer
2205	2205	14 or an employee who has direct contact with committed
2206	2206	15 persons in the performance of his or her job duties. For a
2207	2207	16 member who first becomes an employee under this Article on
2208	2208	17 or after July 1, 2005, the term means an employee of the
2209	2209	18 Department of Corrections or the Department of Juvenile
2210	2210	19 Justice who is any of the following: (i) officially
2211	2211	20 headquartered at a correctional facility or Juvenile
2212	2212	21 facility operated by the Department of Juvenile Justice,
2213	2213	22 (ii) a parole officer, (iii) a member of the apprehension
2214	2214	23 unit, (iv) a member of the intelligence unit, (v) a member
2215	2215	24 of the sort team, or (vi) an investigator.
2216	2216	25 (11) The term "dangerous drugs investigator" means any
2217	2217	26 person who is employed as such by the Department of Human
2218	2218
2219	2219
2220	2220
2221	2221
2222	2222
2223	2223	HB2856 - 61 - LRB104 11075 RPS 21157 b
2224	2224
2225	2225
2226	2226	HB2856- 62 -LRB104 11075 RPS 21157 b HB2856 - 62 - LRB104 11075 RPS 21157 b
2227	2227	HB2856 - 62 - LRB104 11075 RPS 21157 b
2228	2228	1 Services.
2229	2229	2 (12) The term "investigator for the Illinois State
2230	2230	3 Police" means a person employed by the Illinois State
2231	2231	4 Police who is vested under Section 4 of the Narcotic
2232	2232	5 Control Division Abolition Act with such law enforcement
2233	2233	6 powers as render him ineligible for coverage under the
2234	2234	7 Social Security Act by reason of Sections 218(d)(5)(A),
2235	2235	8 218(d)(8)(D) and 218(l)(1) of that Act.
2236	2236	9 (13) "Investigator for the Office of the Attorney
2237	2237	10 General" means any person who is employed as such by the
2238	2238	11 Office of the Attorney General and is vested with such
2239	2239	12 investigative duties as render him ineligible for coverage
2240	2240	13 under the Social Security Act by reason of Sections
2241	2241	14 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
2242	2242	15 the period before January 1, 1989, the term includes all
2243	2243	16 persons who were employed as investigators by the Office
2244	2244	17 of the Attorney General, without regard to social security
2245	2245	18 status.
2246	2246	19 (14) "Controlled substance inspector" means any person
2247	2247	20 who is employed as such by the Department of Professional
2248	2248	21 Regulation and is vested with such law enforcement duties
2249	2249	22 as render him ineligible for coverage under the Social
2250	2250	23 Security Act by reason of Sections 218(d)(5)(A),
2251	2251	24 218(d)(8)(D) and 218(l)(1) of that Act. The term
2252	2252	25 "controlled substance inspector" includes the Program
2253	2253	26 Executive of Enforcement and the Assistant Program
2254	2254
2255	2255
2256	2256
2257	2257
2258	2258
2259	2259	HB2856 - 62 - LRB104 11075 RPS 21157 b
2260	2260
2261	2261
2262	2262	HB2856- 63 -LRB104 11075 RPS 21157 b HB2856 - 63 - LRB104 11075 RPS 21157 b
2263	2263	HB2856 - 63 - LRB104 11075 RPS 21157 b
2264	2264	1 Executive of Enforcement.
2265	2265	2 (15) The term "investigator for the Office of the
2266	2266	3 State's Attorneys Appellate Prosecutor" means a person
2267	2267	4 employed in that capacity on a full-time basis under the
2268	2268	5 authority of Section 7.06 of the State's Attorneys
2269	2269	6 Appellate Prosecutor's Act.
2270	2270	7 (16) "Commerce Commission police officer" means any
2271	2271	8 person employed by the Illinois Commerce Commission who is
2272	2272	9 vested with such law enforcement duties as render him
2273	2273	10 ineligible for coverage under the Social Security Act by
2274	2274	11 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
2275	2275	12 218(l)(1) of that Act.
2276	2276	13 (17) "Arson investigator" means any person who is
2277	2277	14 employed as such by the Office of the State Fire Marshal
2278	2278	15 and is vested with such law enforcement duties as render
2279	2279	16 the person ineligible for coverage under the Social
2280	2280	17 Security Act by reason of Sections 218(d)(5)(A),
2281	2281	18 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
2282	2282	19 employed as an arson investigator on January 1, 1995 and
2283	2283	20 is no longer in service but not yet receiving a retirement
2284	2284	21 annuity may convert his or her creditable service for
2285	2285	22 employment as an arson investigator into eligible
2286	2286	23 creditable service by paying to the System the difference
2287	2287	24 between the employee contributions actually paid for that
2288	2288	25 service and the amounts that would have been contributed
2289	2289	26 if the applicant were contributing at the rate applicable
2290	2290
2291	2291
2292	2292
2293	2293
2294	2294
2295	2295	HB2856 - 63 - LRB104 11075 RPS 21157 b
2296	2296
2297	2297
2298	2298	HB2856- 64 -LRB104 11075 RPS 21157 b HB2856 - 64 - LRB104 11075 RPS 21157 b
2299	2299	HB2856 - 64 - LRB104 11075 RPS 21157 b
2300	2300	1 to persons with the same social security status earning
2301	2301	2 eligible creditable service on the date of application.
2302	2302	3 (18) The term "State highway maintenance worker" means
2303	2303	4 a person who is either of the following:
2304	2304	5 (i) A person employed on a full-time basis by the
2305	2305	6 Illinois Department of Transportation in the position
2306	2306	7 of highway maintainer, highway maintenance lead
2307	2307	8 worker, highway maintenance lead/lead worker, heavy
2308	2308	9 construction equipment operator, power shovel
2309	2309	10 operator, or bridge mechanic; and whose principal
2310	2310	11 responsibility is to perform, on the roadway, the
2311	2311	12 actual maintenance necessary to keep the highways that
2312	2312	13 form a part of the State highway system in serviceable
2313	2313	14 condition for vehicular traffic.
2314	2314	15 (ii) A person employed on a full-time basis by the
2315	2315	16 Illinois State Toll Highway Authority in the position
2316	2316	17 of equipment operator/laborer H-4, equipment
2317	2317	18 operator/laborer H-6, welder H-4, welder H-6,
2318	2318	19 mechanical/electrical H-4, mechanical/electrical H-6,
2319	2319	20 water/sewer H-4, water/sewer H-6, sign maker/hanger
2320	2320	21 H-4, sign maker/hanger H-6, roadway lighting H-4,
2321	2321	22 roadway lighting H-6, structural H-4, structural H-6,
2322	2322	23 painter H-4, or painter H-6; and whose principal
2323	2323	24 responsibility is to perform, on the roadway, the
2324	2324	25 actual maintenance necessary to keep the Authority's
2325	2325	26 tollways in serviceable condition for vehicular
2326	2326
2327	2327
2328	2328
2329	2329
2330	2330
2331	2331	HB2856 - 64 - LRB104 11075 RPS 21157 b
2332	2332
2333	2333
2334	2334	HB2856- 65 -LRB104 11075 RPS 21157 b HB2856 - 65 - LRB104 11075 RPS 21157 b
2335	2335	HB2856 - 65 - LRB104 11075 RPS 21157 b
2336	2336	1 traffic.
2337	2337	2 (19) The term "security employee of the Department of
2338	2338	3 Innovation and Technology" means a person who was a
2339	2339	4 security employee of the Department of Corrections or the
2340	2340	5 Department of Juvenile Justice, was transferred to the
2341	2341	6 Department of Innovation and Technology pursuant to
2342	2342	7 Executive Order 2016-01, and continues to perform similar
2343	2343	8 job functions under that Department.
2344	2344	9 (20) "Transferred employee" means an employee who was
2345	2345	10 transferred to the Department of Central Management
2346	2346	11 Services by Executive Order No. 2003-10 or Executive Order
2347	2347	12 No. 2004-2 or transferred to the Department of Innovation
2348	2348	13 and Technology by Executive Order No. 2016-1, or both, and
2349	2349	14 was entitled to eligible creditable service for services
2350	2350	15 immediately preceding the transfer.
2351	2351	16 (21) "Investigator for the Department of the Lottery"
2352	2352	17 means any person who is employed by the Department of the
2353	2353	18 Lottery and is vested with such investigative duties which
2354	2354	19 render him or her ineligible for coverage under the Social
2355	2355	20 Security Act by reason of Sections 218(d)(5)(A),
2356	2356	21 218(d)(8)(D), and 218(l)(1) of that Act. An investigator
2357	2357	22 for the Department of the Lottery who qualifies under this
2358	2358	23 Section shall earn eligible creditable service and be
2359	2359	24 required to make contributions at the rate specified in
2360	2360	25 paragraph (3) of subsection (a) of Section 14-133 for all
2361	2361	26 periods of service as an investigator for the Department
2362	2362
2363	2363
2364	2364
2365	2365
2366	2366
2367	2367	HB2856 - 65 - LRB104 11075 RPS 21157 b
2368	2368
2369	2369
2370	2370	HB2856- 66 -LRB104 11075 RPS 21157 b HB2856 - 66 - LRB104 11075 RPS 21157 b
2371	2371	HB2856 - 66 - LRB104 11075 RPS 21157 b
2372	2372	1 of the Lottery.
2373	2373	2 (d) A security employee of the Department of Corrections
2374	2374	3 or the Department of Juvenile Justice, a security employee of
2375	2375	4 the Department of Human Services who is not a mental health
2376	2376	5 police officer, and a security employee of the Department of
2377	2377	6 Innovation and Technology shall not be eligible for the
2378	2378	7 alternative retirement annuity provided by this Section unless
2379	2379	8 he or she meets the following minimum age and service
2380	2380	9 requirements at the time of retirement:
2381	2381	10 (i) 25 years of eligible creditable service and age
2382	2382	11 55; or
2383	2383	12 (ii) beginning January 1, 1987, 25 years of eligible
2384	2384	13 creditable service and age 54, or 24 years of eligible
2385	2385	14 creditable service and age 55; or
2386	2386	15 (iii) beginning January 1, 1988, 25 years of eligible
2387	2387	16 creditable service and age 53, or 23 years of eligible
2388	2388	17 creditable service and age 55; or
2389	2389	18 (iv) beginning January 1, 1989, 25 years of eligible
2390	2390	19 creditable service and age 52, or 22 years of eligible
2391	2391	20 creditable service and age 55; or
2392	2392	21 (v) beginning January 1, 1990, 25 years of eligible
2393	2393	22 creditable service and age 51, or 21 years of eligible
2394	2394	23 creditable service and age 55; or
2395	2395	24 (vi) beginning January 1, 1991, 25 years of eligible
2396	2396	25 creditable service and age 50, or 20 years of eligible
2397	2397	26 creditable service and age 55.
2398	2398
2399	2399
2400	2400
2401	2401
2402	2402
2403	2403	HB2856 - 66 - LRB104 11075 RPS 21157 b
2404	2404
2405	2405
2406	2406	HB2856- 67 -LRB104 11075 RPS 21157 b HB2856 - 67 - LRB104 11075 RPS 21157 b
2407	2407	HB2856 - 67 - LRB104 11075 RPS 21157 b
2408	2408	1 Persons who have service credit under Article 16 of this
2409	2409	2 Code for service as a security employee of the Department of
2410	2410	3 Corrections or the Department of Juvenile Justice, or the
2411	2411	4 Department of Human Services in a position requiring
2412	2412	5 certification as a teacher may count such service toward
2413	2413	6 establishing their eligibility under the service requirements
2414	2414	7 of this Section; but such service may be used only for
2415	2415	8 establishing such eligibility, and not for the purpose of
2416	2416	9 increasing or calculating any benefit.
2417	2417	10 (e) If a member enters military service while working in a
2418	2418	11 position in which eligible creditable service may be earned,
2419	2419	12 and returns to State service in the same or another such
2420	2420	13 position, and fulfills in all other respects the conditions
2421	2421	14 prescribed in this Article for credit for military service,
2422	2422	15 such military service shall be credited as eligible creditable
2423	2423	16 service for the purposes of the retirement annuity prescribed
2424	2424	17 in this Section.
2425	2425	18 (f) For purposes of calculating retirement annuities under
2426	2426	19 this Section, periods of service rendered after December 31,
2427	2427	20 1968 and before October 1, 1975 as a covered employee in the
2428	2428	21 position of special agent, conservation police officer, mental
2429	2429	22 health police officer, or investigator for the Secretary of
2430	2430	23 State, shall be deemed to have been service as a noncovered
2431	2431	24 employee, provided that the employee pays to the System prior
2432	2432	25 to retirement an amount equal to (1) the difference between
2433	2433	26 the employee contributions that would have been required for
2434	2434
2435	2435
2436	2436
2437	2437
2438	2438
2439	2439	HB2856 - 67 - LRB104 11075 RPS 21157 b
2440	2440
2441	2441
2442	2442	HB2856- 68 -LRB104 11075 RPS 21157 b HB2856 - 68 - LRB104 11075 RPS 21157 b
2443	2443	HB2856 - 68 - LRB104 11075 RPS 21157 b
2444	2444	1 such service as a noncovered employee, and the amount of
2445	2445	2 employee contributions actually paid, plus (2) if payment is
2446	2446	3 made after July 31, 1987, regular interest on the amount
2447	2447	4 specified in item (1) from the date of service to the date of
2448	2448	5 payment.
2449	2449	6 For purposes of calculating retirement annuities under
2450	2450	7 this Section, periods of service rendered after December 31,
2451	2451	8 1968 and before January 1, 1982 as a covered employee in the
2452	2452	9 position of investigator for the Department of Revenue shall
2453	2453	10 be deemed to have been service as a noncovered employee,
2454	2454	11 provided that the employee pays to the System prior to
2455	2455	12 retirement an amount equal to (1) the difference between the
2456	2456	13 employee contributions that would have been required for such
2457	2457	14 service as a noncovered employee, and the amount of employee
2458	2458	15 contributions actually paid, plus (2) if payment is made after
2459	2459	16 January 1, 1990, regular interest on the amount specified in
2460	2460	17 item (1) from the date of service to the date of payment.
2461	2461	18 (g) A State policeman may elect, not later than January 1,
2462	2462	19 1990, to establish eligible creditable service for up to 10
2463	2463	20 years of his service as a policeman under Article 3, by filing
2464	2464	21 a written election with the Board, accompanied by payment of
2465	2465	22 an amount to be determined by the Board, equal to (i) the
2466	2466	23 difference between the amount of employee and employer
2467	2467	24 contributions transferred to the System under Section 3-110.5,
2468	2468	25 and the amounts that would have been contributed had such
2469	2469	26 contributions been made at the rates applicable to State
2470	2470
2471	2471
2472	2472
2473	2473
2474	2474
2475	2475	HB2856 - 68 - LRB104 11075 RPS 21157 b
2476	2476
2477	2477
2478	2478	HB2856- 69 -LRB104 11075 RPS 21157 b HB2856 - 69 - LRB104 11075 RPS 21157 b
2479	2479	HB2856 - 69 - LRB104 11075 RPS 21157 b
2480	2480	1 policemen, plus (ii) interest thereon at the effective rate
2481	2481	2 for each year, compounded annually, from the date of service
2482	2482	3 to the date of payment.
2483	2483	4 Subject to the limitation in subsection (i), a State
2484	2484	5 policeman may elect, not later than July 1, 1993, to establish
2485	2485	6 eligible creditable service for up to 10 years of his service
2486	2486	7 as a member of the County Police Department under Article 9, by
2487	2487	8 filing a written election with the Board, accompanied by
2488	2488	9 payment of an amount to be determined by the Board, equal to
2489	2489	10 (i) the difference between the amount of employee and employer
2490	2490	11 contributions transferred to the System under Section 9-121.10
2491	2491	12 and the amounts that would have been contributed had those
2492	2492	13 contributions been made at the rates applicable to State
2493	2493	14 policemen, plus (ii) interest thereon at the effective rate
2494	2494	15 for each year, compounded annually, from the date of service
2495	2495	16 to the date of payment.
2496	2496	17 (h) Subject to the limitation in subsection (i), a State
2497	2497	18 policeman or investigator for the Secretary of State may elect
2498	2498	19 to establish eligible creditable service for up to 12 years of
2499	2499	20 his service as a policeman under Article 5, by filing a written
2500	2500	21 election with the Board on or before January 31, 1992, and
2501	2501	22 paying to the System by January 31, 1994 an amount to be
2502	2502	23 determined by the Board, equal to (i) the difference between
2503	2503	24 the amount of employee and employer contributions transferred
2504	2504	25 to the System under Section 5-236, and the amounts that would
2505	2505	26 have been contributed had such contributions been made at the
2506	2506
2507	2507
2508	2508
2509	2509
2510	2510
2511	2511	HB2856 - 69 - LRB104 11075 RPS 21157 b
2512	2512
2513	2513
2514	2514	HB2856- 70 -LRB104 11075 RPS 21157 b HB2856 - 70 - LRB104 11075 RPS 21157 b
2515	2515	HB2856 - 70 - LRB104 11075 RPS 21157 b
2516	2516	1 rates applicable to State policemen, plus (ii) interest
2517	2517	2 thereon at the effective rate for each year, compounded
2518	2518	3 annually, from the date of service to the date of payment.
2519	2519	4 Subject to the limitation in subsection (i), a State
2520	2520	5 policeman, conservation police officer, or investigator for
2521	2521	6 the Secretary of State may elect to establish eligible
2522	2522	7 creditable service for up to 10 years of service as a sheriff's
2523	2523	8 law enforcement employee under Article 7, by filing a written
2524	2524	9 election with the Board on or before January 31, 1993, and
2525	2525	10 paying to the System by January 31, 1994 an amount to be
2526	2526	11 determined by the Board, equal to (i) the difference between
2527	2527	12 the amount of employee and employer contributions transferred
2528	2528	13 to the System under Section 7-139.7, and the amounts that
2529	2529	14 would have been contributed had such contributions been made
2530	2530	15 at the rates applicable to State policemen, plus (ii) interest
2531	2531	16 thereon at the effective rate for each year, compounded
2532	2532	17 annually, from the date of service to the date of payment.
2533	2533	18 Subject to the limitation in subsection (i), a State
2534	2534	19 policeman, conservation police officer, or investigator for
2535	2535	20 the Secretary of State may elect to establish eligible
2536	2536	21 creditable service for up to 5 years of service as a police
2537	2537	22 officer under Article 3, a policeman under Article 5, a
2538	2538	23 sheriff's law enforcement employee under Article 7, a member
2539	2539	24 of the county police department under Article 9, or a police
2540	2540	25 officer under Article 15 by filing a written election with the
2541	2541	26 Board and paying to the System an amount to be determined by
2542	2542
2543	2543
2544	2544
2545	2545
2546	2546
2547	2547	HB2856 - 70 - LRB104 11075 RPS 21157 b
2548	2548
2549	2549
2550	2550	HB2856- 71 -LRB104 11075 RPS 21157 b HB2856 - 71 - LRB104 11075 RPS 21157 b
2551	2551	HB2856 - 71 - LRB104 11075 RPS 21157 b
2552	2552	1 the Board, equal to (i) the difference between the amount of
2553	2553	2 employee and employer contributions transferred to the System
2554	2554	3 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
2555	2555	4 and the amounts that would have been contributed had such
2556	2556	5 contributions been made at the rates applicable to State
2557	2557	6 policemen, plus (ii) interest thereon at the effective rate
2558	2558	7 for each year, compounded annually, from the date of service
2559	2559	8 to the date of payment.
2560	2560	9 Subject to the limitation in subsection (i), an
2561	2561	10 investigator for the Office of the Attorney General, or an
2562	2562	11 investigator for the Department of Revenue, may elect to
2563	2563	12 establish eligible creditable service for up to 5 years of
2564	2564	13 service as a police officer under Article 3, a policeman under
2565	2565	14 Article 5, a sheriff's law enforcement employee under Article
2566	2566	15 7, or a member of the county police department under Article 9
2567	2567	16 by filing a written election with the Board within 6 months
2568	2568	17 after August 25, 2009 (the effective date of Public Act
2569	2569	18 96-745) and paying to the System an amount to be determined by
2570	2570	19 the Board, equal to (i) the difference between the amount of
2571	2571	20 employee and employer contributions transferred to the System
2572	2572	21 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
2573	2573	22 amounts that would have been contributed had such
2574	2574	23 contributions been made at the rates applicable to State
2575	2575	24 policemen, plus (ii) interest thereon at the actuarially
2576	2576	25 assumed rate for each year, compounded annually, from the date
2577	2577	26 of service to the date of payment.
2578	2578
2579	2579
2580	2580
2581	2581
2582	2582
2583	2583	HB2856 - 71 - LRB104 11075 RPS 21157 b
2584	2584
2585	2585
2586	2586	HB2856- 72 -LRB104 11075 RPS 21157 b HB2856 - 72 - LRB104 11075 RPS 21157 b
2587	2587	HB2856 - 72 - LRB104 11075 RPS 21157 b
2588	2588	1 Subject to the limitation in subsection (i), a State
2589	2589	2 policeman, conservation police officer, investigator for the
2590	2590	3 Office of the Attorney General, an investigator for the
2591	2591	4 Department of Revenue, or investigator for the Secretary of
2592	2592	5 State may elect to establish eligible creditable service for
2593	2593	6 up to 5 years of service as a person employed by a
2594	2594	7 participating municipality to perform police duties, or law
2595	2595	8 enforcement officer employed on a full-time basis by a forest
2596	2596	9 preserve district under Article 7, a county corrections
2597	2597	10 officer, or a court services officer under Article 9, by
2598	2598	11 filing a written election with the Board within 6 months after
2599	2599	12 August 25, 2009 (the effective date of Public Act 96-745) and
2600	2600	13 paying to the System an amount to be determined by the Board,
2601	2601	14 equal to (i) the difference between the amount of employee and
2602	2602	15 employer contributions transferred to the System under
2603	2603	16 Sections 7-139.8 and 9-121.10 and the amounts that would have
2604	2604	17 been contributed had such contributions been made at the rates
2605	2605	18 applicable to State policemen, plus (ii) interest thereon at
2606	2606	19 the actuarially assumed rate for each year, compounded
2607	2607	20 annually, from the date of service to the date of payment.
2608	2608	21 Subject to the limitation in subsection (i), a State
2609	2609	22 policeman, arson investigator, or Commerce Commission police
2610	2610	23 officer may elect to establish eligible creditable service for
2611	2611	24 up to 5 years of service as a person employed by a
2612	2612	25 participating municipality to perform police duties under
2613	2613	26 Article 7, a county corrections officer, a court services
2614	2614
2615	2615
2616	2616
2617	2617
2618	2618
2619	2619	HB2856 - 72 - LRB104 11075 RPS 21157 b
2620	2620
2621	2621
2622	2622	HB2856- 73 -LRB104 11075 RPS 21157 b HB2856 - 73 - LRB104 11075 RPS 21157 b
2623	2623	HB2856 - 73 - LRB104 11075 RPS 21157 b
2624	2624	1 officer under Article 9, or a firefighter under Article 4 by
2625	2625	2 filing a written election with the Board within 6 months after
2626	2626	3 July 30, 2021 (the effective date of Public Act 102-210) and
2627	2627	4 paying to the System an amount to be determined by the Board
2628	2628	5 equal to (i) the difference between the amount of employee and
2629	2629	6 employer contributions transferred to the System under
2630	2630	7 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
2631	2631	8 would have been contributed had such contributions been made
2632	2632	9 at the rates applicable to State policemen, plus (ii) interest
2633	2633	10 thereon at the actuarially assumed rate for each year,
2634	2634	11 compounded annually, from the date of service to the date of
2635	2635	12 payment.
2636	2636	13 Subject to the limitation in subsection (i), a
2637	2637	14 conservation police officer may elect to establish eligible
2638	2638	15 creditable service for up to 5 years of service as a person
2639	2639	16 employed by a participating municipality to perform police
2640	2640	17 duties under Article 7, a county corrections officer, or a
2641	2641	18 court services officer under Article 9 by filing a written
2642	2642	19 election with the Board within 6 months after July 30, 2021
2643	2643	20 (the effective date of Public Act 102-210) and paying to the
2644	2644	21 System an amount to be determined by the Board equal to (i) the
2645	2645	22 difference between the amount of employee and employer
2646	2646	23 contributions transferred to the System under Sections 7-139.8
2647	2647	24 and 9-121.10 and the amounts that would have been contributed
2648	2648	25 had such contributions been made at the rates applicable to
2649	2649	26 State policemen, plus (ii) interest thereon at the actuarially
2650	2650
2651	2651
2652	2652
2653	2653
2654	2654
2655	2655	HB2856 - 73 - LRB104 11075 RPS 21157 b
2656	2656
2657	2657
2658	2658	HB2856- 74 -LRB104 11075 RPS 21157 b HB2856 - 74 - LRB104 11075 RPS 21157 b
2659	2659	HB2856 - 74 - LRB104 11075 RPS 21157 b
2660	2660	1 assumed rate for each year, compounded annually, from the date
2661	2661	2 of service to the date of payment.
2662	2662	3 Notwithstanding the limitation in subsection (i), a State
2663	2663	4 policeman or conservation police officer may elect to convert
2664	2664	5 service credit earned under this Article to eligible
2665	2665	6 creditable service, as defined by this Section, by filing a
2666	2666	7 written election with the board within 6 months after July 30,
2667	2667	8 2021 (the effective date of Public Act 102-210) and paying to
2668	2668	9 the System an amount to be determined by the Board equal to (i)
2669	2669	10 the difference between the amount of employee contributions
2670	2670	11 originally paid for that service and the amounts that would
2671	2671	12 have been contributed had such contributions been made at the
2672	2672	13 rates applicable to State policemen, plus (ii) the difference
2673	2673	14 between the employer's normal cost of the credit prior to the
2674	2674	15 conversion authorized by Public Act 102-210 and the employer's
2675	2675	16 normal cost of the credit converted in accordance with Public
2676	2676	17 Act 102-210, plus (iii) interest thereon at the actuarially
2677	2677	18 assumed rate for each year, compounded annually, from the date
2678	2678	19 of service to the date of payment.
2679	2679	20 (i) The total amount of eligible creditable service
2680	2680	21 established by any person under subsections (g), (h), (j),
2681	2681	22 (k), (l), (l-5), and (o) of this Section shall not exceed 12
2682	2682	23 years.
2683	2683	24 (j) Subject to the limitation in subsection (i), an
2684	2684	25 investigator for the Office of the State's Attorneys Appellate
2685	2685	26 Prosecutor or a controlled substance inspector may elect to
2686	2686
2687	2687
2688	2688
2689	2689
2690	2690
2691	2691	HB2856 - 74 - LRB104 11075 RPS 21157 b
2692	2692
2693	2693
2694	2694	HB2856- 75 -LRB104 11075 RPS 21157 b HB2856 - 75 - LRB104 11075 RPS 21157 b
2695	2695	HB2856 - 75 - LRB104 11075 RPS 21157 b
2696	2696	1 establish eligible creditable service for up to 10 years of
2697	2697	2 his service as a policeman under Article 3 or a sheriff's law
2698	2698	3 enforcement employee under Article 7, by filing a written
2699	2699	4 election with the Board, accompanied by payment of an amount
2700	2700	5 to be determined by the Board, equal to (1) the difference
2701	2701	6 between the amount of employee and employer contributions
2702	2702	7 transferred to the System under Section 3-110.6 or 7-139.8,
2703	2703	8 and the amounts that would have been contributed had such
2704	2704	9 contributions been made at the rates applicable to State
2705	2705	10 policemen, plus (2) interest thereon at the effective rate for
2706	2706	11 each year, compounded annually, from the date of service to
2707	2707	12 the date of payment.
2708	2708	13 (k) Subject to the limitation in subsection (i) of this
2709	2709	14 Section, an alternative formula employee may elect to
2710	2710	15 establish eligible creditable service for periods spent as a
2711	2711	16 full-time law enforcement officer or full-time corrections
2712	2712	17 officer employed by the federal government or by a state or
2713	2713	18 local government located outside of Illinois, for which credit
2714	2714	19 is not held in any other public employee pension fund or
2715	2715	20 retirement system. To obtain this credit, the applicant must
2716	2716	21 file a written application with the Board by March 31, 1998,
2717	2717	22 accompanied by evidence of eligibility acceptable to the Board
2718	2718	23 and payment of an amount to be determined by the Board, equal
2719	2719	24 to (1) employee contributions for the credit being
2720	2720	25 established, based upon the applicant's salary on the first
2721	2721	26 day as an alternative formula employee after the employment
2722	2722
2723	2723
2724	2724
2725	2725
2726	2726
2727	2727	HB2856 - 75 - LRB104 11075 RPS 21157 b
2728	2728
2729	2729
2730	2730	HB2856- 76 -LRB104 11075 RPS 21157 b HB2856 - 76 - LRB104 11075 RPS 21157 b
2731	2731	HB2856 - 76 - LRB104 11075 RPS 21157 b
2732	2732	1 for which credit is being established and the rates then
2733	2733	2 applicable to alternative formula employees, plus (2) an
2734	2734	3 amount determined by the Board to be the employer's normal
2735	2735	4 cost of the benefits accrued for the credit being established,
2736	2736	5 plus (3) regular interest on the amounts in items (1) and (2)
2737	2737	6 from the first day as an alternative formula employee after
2738	2738	7 the employment for which credit is being established to the
2739	2739	8 date of payment.
2740	2740	9 (l) Subject to the limitation in subsection (i), a
2741	2741	10 security employee of the Department of Corrections may elect,
2742	2742	11 not later than July 1, 1998, to establish eligible creditable
2743	2743	12 service for up to 10 years of his or her service as a policeman
2744	2744	13 under Article 3, by filing a written election with the Board,
2745	2745	14 accompanied by payment of an amount to be determined by the
2746	2746	15 Board, equal to (i) the difference between the amount of
2747	2747	16 employee and employer contributions transferred to the System
2748	2748	17 under Section 3-110.5, and the amounts that would have been
2749	2749	18 contributed had such contributions been made at the rates
2750	2750	19 applicable to security employees of the Department of
2751	2751	20 Corrections, plus (ii) interest thereon at the effective rate
2752	2752	21 for each year, compounded annually, from the date of service
2753	2753	22 to the date of payment.
2754	2754	23 (l-5) Subject to the limitation in subsection (i) of this
2755	2755	24 Section, a State policeman may elect to establish eligible
2756	2756	25 creditable service for up to 5 years of service as a full-time
2757	2757	26 law enforcement officer employed by the federal government or
2758	2758
2759	2759
2760	2760
2761	2761
2762	2762
2763	2763	HB2856 - 76 - LRB104 11075 RPS 21157 b
2764	2764
2765	2765
2766	2766	HB2856- 77 -LRB104 11075 RPS 21157 b HB2856 - 77 - LRB104 11075 RPS 21157 b
2767	2767	HB2856 - 77 - LRB104 11075 RPS 21157 b
2768	2768	1 by a state or local government located outside of Illinois for
2769	2769	2 which credit is not held in any other public employee pension
2770	2770	3 fund or retirement system. To obtain this credit, the
2771	2771	4 applicant must file a written application with the Board no
2772	2772	5 later than 3 years after January 1, 2020 (the effective date of
2773	2773	6 Public Act 101-610), accompanied by evidence of eligibility
2774	2774	7 acceptable to the Board and payment of an amount to be
2775	2775	8 determined by the Board, equal to (1) employee contributions
2776	2776	9 for the credit being established, based upon the applicant's
2777	2777	10 salary on the first day as an alternative formula employee
2778	2778	11 after the employment for which credit is being established and
2779	2779	12 the rates then applicable to alternative formula employees,
2780	2780	13 plus (2) an amount determined by the Board to be the employer's
2781	2781	14 normal cost of the benefits accrued for the credit being
2782	2782	15 established, plus (3) regular interest on the amounts in items
2783	2783	16 (1) and (2) from the first day as an alternative formula
2784	2784	17 employee after the employment for which credit is being
2785	2785	18 established to the date of payment.
2786	2786	19 (m) The amendatory changes to this Section made by Public
2787	2787	20 Act 94-696 apply only to: (1) security employees of the
2788	2788	21 Department of Juvenile Justice employed by the Department of
2789	2789	22 Corrections before June 1, 2006 (the effective date of Public
2790	2790	23 Act 94-696) and transferred to the Department of Juvenile
2791	2791	24 Justice by Public Act 94-696; and (2) persons employed by the
2792	2792	25 Department of Juvenile Justice on or after June 1, 2006 (the
2793	2793	26 effective date of Public Act 94-696) who are required by
2794	2794
2795	2795
2796	2796
2797	2797
2798	2798
2799	2799	HB2856 - 77 - LRB104 11075 RPS 21157 b
2800	2800
2801	2801
2802	2802	HB2856- 78 -LRB104 11075 RPS 21157 b HB2856 - 78 - LRB104 11075 RPS 21157 b
2803	2803	HB2856 - 78 - LRB104 11075 RPS 21157 b
2804	2804	1 subsection (b) of Section 3-2.5-15 of the Unified Code of
2805	2805	2 Corrections to have any bachelor's or advanced degree from an
2806	2806	3 accredited college or university or, in the case of persons
2807	2807	4 who provide vocational training, who are required to have
2808	2808	5 adequate knowledge in the skill for which they are providing
2809	2809	6 the vocational training.
2810	2810	7 Beginning with the pay period that immediately follows the
2811	2811	8 effective date of this amendatory Act of the 104th General
2812	2812	9 Assembly, the bachelor's or advanced degree requirement of
2813	2813	10 subsection (b) of Section 3-2.5-15 of the Unified Code of
2814	2814	11 Corrections shall no longer determine the eligibility to earn
2815	2815	12 eligible creditable service for a person employed by the
2816	2816	13 Department of Juvenile Justice.
2817	2817	14 An employee may elect to convert into eligible creditable
2818	2818	15 service his or her creditable service earned with the
2819	2819	16 Department of Juvenile Justice while employed in a position
2820	2820	17 that required the employee to do any one or more of the
2821	2821	18 following: (1) participate or assist in the rehabilitative and
2822	2822	19 vocational training of delinquent youths; (2) supervise the
2823	2823	20 daily activities and assume direct and continuing
2824	2824	21 responsibility for the youth's security, welfare, and
2825	2825	22 development; or (3) participate in the personal rehabilitation
2826	2826	23 of delinquent youth by training, supervising, and assisting
2827	2827	24 lower-level personnel. To convert that creditable service to
2828	2828	25 eligible creditable service, the employee must pay to the
2829	2829	26 System the difference between the employee contributions
2830	2830
2831	2831
2832	2832
2833	2833
2834	2834
2835	2835	HB2856 - 78 - LRB104 11075 RPS 21157 b
2836	2836
2837	2837
2838	2838	HB2856- 79 -LRB104 11075 RPS 21157 b HB2856 - 79 - LRB104 11075 RPS 21157 b
2839	2839	HB2856 - 79 - LRB104 11075 RPS 21157 b
2840	2840	1 actually paid for that service and the amounts that would have
2841	2841	2 been contributed if the applicant were contributing at the
2842	2842	3 rate applicable to persons with the same Social Security
2843	2843	4 status earning eligible creditable service on the date of
2844	2844	5 application.
2845	2845	6 (n) A person employed in a position under subsection (b)
2846	2846	7 of this Section who has purchased service credit under
2847	2847	8 subsection (j) of Section 14-104 or subsection (b) of Section
2848	2848	9 14-105 in any other capacity under this Article may convert up
2849	2849	10 to 5 years of that service credit into service credit covered
2850	2850	11 under this Section by paying to the Fund an amount equal to (1)
2851	2851	12 the additional employee contribution required under Section
2852	2852	13 14-133, plus (2) the additional employer contribution required
2853	2853	14 under Section 14-131, plus (3) interest on items (1) and (2) at
2854	2854	15 the actuarially assumed rate from the date of the service to
2855	2855	16 the date of payment.
2856	2856	17 (o) Subject to the limitation in subsection (i), a
2857	2857	18 conservation police officer, investigator for the Secretary of
2858	2858	19 State, Commerce Commission police officer, investigator for
2859	2859	20 the Department of Revenue or the Illinois Gaming Board, or
2860	2860	21 arson investigator subject to subsection (g) of Section 1-160
2861	2861	22 may elect to convert up to 8 years of service credit
2862	2862	23 established before January 1, 2020 (the effective date of
2863	2863	24 Public Act 101-610) as a conservation police officer,
2864	2864	25 investigator for the Secretary of State, Commerce Commission
2865	2865	26 police officer, investigator for the Department of Revenue or
2866	2866
2867	2867
2868	2868
2869	2869
2870	2870
2871	2871	HB2856 - 79 - LRB104 11075 RPS 21157 b
2872	2872
2873	2873
2874	2874	HB2856- 80 -LRB104 11075 RPS 21157 b HB2856 - 80 - LRB104 11075 RPS 21157 b
2875	2875	HB2856 - 80 - LRB104 11075 RPS 21157 b
2876	2876	1 the Illinois Gaming Board, or arson investigator under this
2877	2877	2 Article into eligible creditable service by filing a written
2878	2878	3 election with the Board no later than one year after January 1,
2879	2879	4 2020 (the effective date of Public Act 101-610), accompanied
2880	2880	5 by payment of an amount to be determined by the Board equal to
2881	2881	6 (i) the difference between the amount of the employee
2882	2882	7 contributions actually paid for that service and the amount of
2883	2883	8 the employee contributions that would have been paid had the
2884	2884	9 employee contributions been made as a noncovered employee
2885	2885	10 serving in a position in which eligible creditable service, as
2886	2886	11 defined in this Section, may be earned, plus (ii) interest
2887	2887	12 thereon at the effective rate for each year, compounded
2888	2888	13 annually, from the date of service to the date of payment.
2889	2889	14 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
2890	2890	15 102-813, eff. 5-13-22; 103-34, eff. 1-1-24.)
2891	2891	16 (Text of Section from P.A. 102-856 and 103-34)
2892	2892	17 Sec. 14-110. Alternative retirement annuity.
2893	2893	18 (a) Any member who has withdrawn from service with not
2894	2894	19 less than 20 years of eligible creditable service and has
2895	2895	20 attained age 55, and any member who has withdrawn from service
2896	2896	21 with not less than 25 years of eligible creditable service and
2897	2897	22 has attained age 50, regardless of whether the attainment of
2898	2898	23 either of the specified ages occurs while the member is still
2899	2899	24 in service, shall be entitled to receive at the option of the
2900	2900	25 member, in lieu of the regular or minimum retirement annuity,
2901	2901
2902	2902
2903	2903
2904	2904
2905	2905
2906	2906	HB2856 - 80 - LRB104 11075 RPS 21157 b
2907	2907
2908	2908
2909	2909	HB2856- 81 -LRB104 11075 RPS 21157 b HB2856 - 81 - LRB104 11075 RPS 21157 b
2910	2910	HB2856 - 81 - LRB104 11075 RPS 21157 b
2911	2911	1 a retirement annuity computed as follows:
2912	2912	2 (i) for periods of service as a noncovered employee:
2913	2913	3 if retirement occurs on or after January 1, 2001, 3% of
2914	2914	4 final average compensation for each year of creditable
2915	2915	5 service; if retirement occurs before January 1, 2001, 2
2916	2916	6 1/4% of final average compensation for each of the first
2917	2917	7 10 years of creditable service, 2 1/2% for each year above
2918	2918	8 10 years to and including 20 years of creditable service,
2919	2919	9 and 2 3/4% for each year of creditable service above 20
2920	2920	10 years; and
2921	2921	11 (ii) for periods of eligible creditable service as a
2922	2922	12 covered employee: if retirement occurs on or after January
2923	2923	13 1, 2001, 2.5% of final average compensation for each year
2924	2924	14 of creditable service; if retirement occurs before January
2925	2925	15 1, 2001, 1.67% of final average compensation for each of
2926	2926	16 the first 10 years of such service, 1.90% for each of the
2927	2927	17 next 10 years of such service, 2.10% for each year of such
2928	2928	18 service in excess of 20 but not exceeding 30, and 2.30% for
2929	2929	19 each year in excess of 30.
2930	2930	20 Such annuity shall be subject to a maximum of 75% of final
2931	2931	21 average compensation if retirement occurs before January 1,
2932	2932	22 2001 or to a maximum of 80% of final average compensation if
2933	2933	23 retirement occurs on or after January 1, 2001.
2934	2934	24 These rates shall not be applicable to any service
2935	2935	25 performed by a member as a covered employee which is not
2936	2936	26 eligible creditable service. Service as a covered employee
2937	2937
2938	2938
2939	2939
2940	2940
2941	2941
2942	2942	HB2856 - 81 - LRB104 11075 RPS 21157 b
2943	2943
2944	2944
2945	2945	HB2856- 82 -LRB104 11075 RPS 21157 b HB2856 - 82 - LRB104 11075 RPS 21157 b
2946	2946	HB2856 - 82 - LRB104 11075 RPS 21157 b
2947	2947	1 which is not eligible creditable service shall be subject to
2948	2948	2 the rates and provisions of Section 14-108.
2949	2949	3 (b) For the purpose of this Section, "eligible creditable
2950	2950	4 service" means creditable service resulting from service in
2951	2951	5 one or more of the following positions:
2952	2952	6 (1) State policeman;
2953	2953	7 (2) fire fighter in the fire protection service of a
2954	2954	8 department;
2955	2955	9 (3) air pilot;
2956	2956	10 (4) special agent;
2957	2957	11 (5) investigator for the Secretary of State;
2958	2958	12 (6) conservation police officer;
2959	2959	13 (7) investigator for the Department of Revenue or the
2960	2960	14 Illinois Gaming Board;
2961	2961	15 (8) security employee of the Department of Human
2962	2962	16 Services;
2963	2963	17 (9) Central Management Services security police
2964	2964	18 officer;
2965	2965	19 (10) security employee of the Department of
2966	2966	20 Corrections or the Department of Juvenile Justice;
2967	2967	21 (11) dangerous drugs investigator;
2968	2968	22 (12) investigator for the Illinois State Police;
2969	2969	23 (13) investigator for the Office of the Attorney
2970	2970	24 General;
2971	2971	25 (14) controlled substance inspector;
2972	2972	26 (15) investigator for the Office of the State's
2973	2973
2974	2974
2975	2975
2976	2976
2977	2977
2978	2978	HB2856 - 82 - LRB104 11075 RPS 21157 b
2979	2979
2980	2980
2981	2981	HB2856- 83 -LRB104 11075 RPS 21157 b HB2856 - 83 - LRB104 11075 RPS 21157 b
2982	2982	HB2856 - 83 - LRB104 11075 RPS 21157 b
2983	2983	1 Attorneys Appellate Prosecutor;
2984	2984	2 (16) Commerce Commission police officer;
2985	2985	3 (17) arson investigator;
2986	2986	4 (18) State highway maintenance worker;
2987	2987	5 (19) security employee of the Department of Innovation
2988	2988	6 and Technology; or
2989	2989	7 (20) transferred employee; or .
2990	2990	8 (21) investigator for the Department of the Lottery.
2991	2991	9 A person employed in one of the positions specified in
2992	2992	10 this subsection is entitled to eligible creditable service for
2993	2993	11 service credit earned under this Article while undergoing the
2994	2994	12 basic police training course approved by the Illinois Law
2995	2995	13 Enforcement Training Standards Board, if completion of that
2996	2996	14 training is required of persons serving in that position. For
2997	2997	15 the purposes of this Code, service during the required basic
2998	2998	16 police training course shall be deemed performance of the
2999	2999	17 duties of the specified position, even though the person is
3000	3000	18 not a sworn peace officer at the time of the training.
3001	3001	19 A person under paragraph (20) is entitled to eligible
3002	3002	20 creditable service for service credit earned under this
3003	3003	21 Article on and after his or her transfer by Executive Order No.
3004	3004	22 2003-10, Executive Order No. 2004-2, or Executive Order No.
3005	3005	23 2016-1.
3006	3006	24 (c) For the purposes of this Section:
3007	3007	25 (1) The term "State policeman" includes any title or
3008	3008	26 position in the Illinois State Police that is held by an
3009	3009
3010	3010
3011	3011
3012	3012
3013	3013
3014	3014	HB2856 - 83 - LRB104 11075 RPS 21157 b
3015	3015
3016	3016
3017	3017	HB2856- 84 -LRB104 11075 RPS 21157 b HB2856 - 84 - LRB104 11075 RPS 21157 b
3018	3018	HB2856 - 84 - LRB104 11075 RPS 21157 b
3019	3019	1 individual employed under the Illinois State Police Act.
3020	3020	2 (2) The term "fire fighter in the fire protection
3021	3021	3 service of a department" includes all officers in such
3022	3022	4 fire protection service including fire chiefs and
3023	3023	5 assistant fire chiefs.
3024	3024	6 (3) The term "air pilot" includes any employee whose
3025	3025	7 official job description on file in the Department of
3026	3026	8 Central Management Services, or in the department by which
3027	3027	9 he is employed if that department is not covered by the
3028	3028	10 Personnel Code, states that his principal duty is the
3029	3029	11 operation of aircraft, and who possesses a pilot's
3030	3030	12 license; however, the change in this definition made by
3031	3031	13 Public Act 83-842 shall not operate to exclude any
3032	3032	14 noncovered employee who was an "air pilot" for the
3033	3033	15 purposes of this Section on January 1, 1984.
3034	3034	16 (4) The term "special agent" means any person who by
3035	3035	17 reason of employment by the Division of Narcotic Control,
3036	3036	18 the Bureau of Investigation or, after July 1, 1977, the
3037	3037	19 Division of Criminal Investigation, the Division of
3038	3038	20 Internal Investigation, the Division of Operations, the
3039	3039	21 Division of Patrol, or any other Division or
3040	3040	22 organizational entity in the Illinois State Police is
3041	3041	23 vested by law with duties to maintain public order,
3042	3042	24 investigate violations of the criminal law of this State,
3043	3043	25 enforce the laws of this State, make arrests and recover
3044	3044	26 property. The term "special agent" includes any title or
3045	3045
3046	3046
3047	3047
3048	3048
3049	3049
3050	3050	HB2856 - 84 - LRB104 11075 RPS 21157 b
3051	3051
3052	3052
3053	3053	HB2856- 85 -LRB104 11075 RPS 21157 b HB2856 - 85 - LRB104 11075 RPS 21157 b
3054	3054	HB2856 - 85 - LRB104 11075 RPS 21157 b
3055	3055	1 position in the Illinois State Police that is held by an
3056	3056	2 individual employed under the Illinois State Police Act.
3057	3057	3 (5) The term "investigator for the Secretary of State"
3058	3058	4 means any person employed by the Office of the Secretary
3059	3059	5 of State and vested with such investigative duties as
3060	3060	6 render him ineligible for coverage under the Social
3061	3061	7 Security Act by reason of Sections 218(d)(5)(A),
3062	3062	8 218(d)(8)(D) and 218(l)(1) of that Act.
3063	3063	9 A person who became employed as an investigator for
3064	3064	10 the Secretary of State between January 1, 1967 and
3065	3065	11 December 31, 1975, and who has served as such until
3066	3066	12 attainment of age 60, either continuously or with a single
3067	3067	13 break in service of not more than 3 years duration, which
3068	3068	14 break terminated before January 1, 1976, shall be entitled
3069	3069	15 to have his retirement annuity calculated in accordance
3070	3070	16 with subsection (a), notwithstanding that he has less than
3071	3071	17 20 years of credit for such service.
3072	3072	18 (6) The term "Conservation Police Officer" means any
3073	3073	19 person employed by the Division of Law Enforcement of the
3074	3074	20 Department of Natural Resources and vested with such law
3075	3075	21 enforcement duties as render him ineligible for coverage
3076	3076	22 under the Social Security Act by reason of Sections
3077	3077	23 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
3078	3078	24 term "Conservation Police Officer" includes the positions
3079	3079	25 of Chief Conservation Police Administrator and Assistant
3080	3080	26 Conservation Police Administrator.
3081	3081
3082	3082
3083	3083
3084	3084
3085	3085
3086	3086	HB2856 - 85 - LRB104 11075 RPS 21157 b
3087	3087
3088	3088
3089	3089	HB2856- 86 -LRB104 11075 RPS 21157 b HB2856 - 86 - LRB104 11075 RPS 21157 b
3090	3090	HB2856 - 86 - LRB104 11075 RPS 21157 b
3091	3091	1 (7) The term "investigator for the Department of
3092	3092	2 Revenue" means any person employed by the Department of
3093	3093	3 Revenue and vested with such investigative duties as
3094	3094	4 render him ineligible for coverage under the Social
3095	3095	5 Security Act by reason of Sections 218(d)(5)(A),
3096	3096	6 218(d)(8)(D) and 218(l)(1) of that Act.
3097	3097	7 The term "investigator for the Illinois Gaming Board"
3098	3098	8 means any person employed as such by the Illinois Gaming
3099	3099	9 Board and vested with such peace officer duties as render
3100	3100	10 the person ineligible for coverage under the Social
3101	3101	11 Security Act by reason of Sections 218(d)(5)(A),
3102	3102	12 218(d)(8)(D), and 218(l)(1) of that Act.
3103	3103	13 (8) The term "security employee of the Department of
3104	3104	14 Human Services" means any person employed by the
3105	3105	15 Department of Human Services who (i) is employed at the
3106	3106	16 Chester Mental Health Center and has daily contact with
3107	3107	17 the residents thereof, (ii) is employed within a security
3108	3108	18 unit at a facility operated by the Department and has
3109	3109	19 daily contact with the residents of the security unit,
3110	3110	20 (iii) is employed at a facility operated by the Department
3111	3111	21 that includes a security unit and is regularly scheduled
3112	3112	22 to work at least 50% of his or her working hours within
3113	3113	23 that security unit, or (iv) is a mental health police
3114	3114	24 officer. "Mental health police officer" means any person
3115	3115	25 employed by the Department of Human Services in a position
3116	3116	26 pertaining to the Department's mental health and
3117	3117
3118	3118
3119	3119
3120	3120
3121	3121
3122	3122	HB2856 - 86 - LRB104 11075 RPS 21157 b
3123	3123
3124	3124
3125	3125	HB2856- 87 -LRB104 11075 RPS 21157 b HB2856 - 87 - LRB104 11075 RPS 21157 b
3126	3126	HB2856 - 87 - LRB104 11075 RPS 21157 b
3127	3127	1 developmental disabilities functions who is vested with
3128	3128	2 such law enforcement duties as render the person
3129	3129	3 ineligible for coverage under the Social Security Act by
3130	3130	4 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
3131	3131	5 218(l)(1) of that Act. "Security unit" means that portion
3132	3132	6 of a facility that is devoted to the care, containment,
3133	3133	7 and treatment of persons committed to the Department of
3134	3134	8 Human Services as sexually violent persons, persons unfit
3135	3135	9 to stand trial, or persons not guilty by reason of
3136	3136	10 insanity. With respect to past employment, references to
3137	3137	11 the Department of Human Services include its predecessor,
3138	3138	12 the Department of Mental Health and Developmental
3139	3139	13 Disabilities.
3140	3140	14 The changes made to this subdivision (c)(8) by Public
3141	3141	15 Act 92-14 apply to persons who retire on or after January
3142	3142	16 1, 2001, notwithstanding Section 1-103.1.
3143	3143	17 (9) "Central Management Services security police
3144	3144	18 officer" means any person employed by the Department of
3145	3145	19 Central Management Services who is vested with such law
3146	3146	20 enforcement duties as render him ineligible for coverage
3147	3147	21 under the Social Security Act by reason of Sections
3148	3148	22 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
3149	3149	23 (10) For a member who first became an employee under
3150	3150	24 this Article before July 1, 2005, the term "security
3151	3151	25 employee of the Department of Corrections or the
3152	3152	26 Department of Juvenile Justice" means any employee of the
3153	3153
3154	3154
3155	3155
3156	3156
3157	3157
3158	3158	HB2856 - 87 - LRB104 11075 RPS 21157 b
3159	3159
3160	3160
3161	3161	HB2856- 88 -LRB104 11075 RPS 21157 b HB2856 - 88 - LRB104 11075 RPS 21157 b
3162	3162	HB2856 - 88 - LRB104 11075 RPS 21157 b
3163	3163	1 Department of Corrections or the Department of Juvenile
3164	3164	2 Justice or the former Department of Personnel, and any
3165	3165	3 member or employee of the Prisoner Review Board, who has
3166	3166	4 daily contact with inmates or youth by working within a
3167	3167	5 correctional facility or Juvenile facility operated by the
3168	3168	6 Department of Juvenile Justice or who is a parole officer
3169	3169	7 or an employee who has direct contact with committed
3170	3170	8 persons in the performance of his or her job duties. For a
3171	3171	9 member who first becomes an employee under this Article on
3172	3172	10 or after July 1, 2005, the term means an employee of the
3173	3173	11 Department of Corrections or the Department of Juvenile
3174	3174	12 Justice who is any of the following: (i) officially
3175	3175	13 headquartered at a correctional facility or Juvenile
3176	3176	14 facility operated by the Department of Juvenile Justice,
3177	3177	15 (ii) a parole officer, (iii) a member of the apprehension
3178	3178	16 unit, (iv) a member of the intelligence unit, (v) a member
3179	3179	17 of the sort team, or (vi) an investigator.
3180	3180	18 (11) The term "dangerous drugs investigator" means any
3181	3181	19 person who is employed as such by the Department of Human
3182	3182	20 Services.
3183	3183	21 (12) The term "investigator for the Illinois State
3184	3184	22 Police" means a person employed by the Illinois State
3185	3185	23 Police who is vested under Section 4 of the Narcotic
3186	3186	24 Control Division Abolition Act with such law enforcement
3187	3187	25 powers as render him ineligible for coverage under the
3188	3188	26 Social Security Act by reason of Sections 218(d)(5)(A),
3189	3189
3190	3190
3191	3191
3192	3192
3193	3193
3194	3194	HB2856 - 88 - LRB104 11075 RPS 21157 b
3195	3195
3196	3196
3197	3197	HB2856- 89 -LRB104 11075 RPS 21157 b HB2856 - 89 - LRB104 11075 RPS 21157 b
3198	3198	HB2856 - 89 - LRB104 11075 RPS 21157 b
3199	3199	1 218(d)(8)(D) and 218(l)(1) of that Act.
3200	3200	2 (13) "Investigator for the Office of the Attorney
3201	3201	3 General" means any person who is employed as such by the
3202	3202	4 Office of the Attorney General and is vested with such
3203	3203	5 investigative duties as render him ineligible for coverage
3204	3204	6 under the Social Security Act by reason of Sections
3205	3205	7 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
3206	3206	8 the period before January 1, 1989, the term includes all
3207	3207	9 persons who were employed as investigators by the Office
3208	3208	10 of the Attorney General, without regard to social security
3209	3209	11 status.
3210	3210	12 (14) "Controlled substance inspector" means any person
3211	3211	13 who is employed as such by the Department of Professional
3212	3212	14 Regulation and is vested with such law enforcement duties
3213	3213	15 as render him ineligible for coverage under the Social
3214	3214	16 Security Act by reason of Sections 218(d)(5)(A),
3215	3215	17 218(d)(8)(D) and 218(l)(1) of that Act. The term
3216	3216	18 "controlled substance inspector" includes the Program
3217	3217	19 Executive of Enforcement and the Assistant Program
3218	3218	20 Executive of Enforcement.
3219	3219	21 (15) The term "investigator for the Office of the
3220	3220	22 State's Attorneys Appellate Prosecutor" means a person
3221	3221	23 employed in that capacity on a full-time basis under the
3222	3222	24 authority of Section 7.06 of the State's Attorneys
3223	3223	25 Appellate Prosecutor's Act.
3224	3224	26 (16) "Commerce Commission police officer" means any
3225	3225
3226	3226
3227	3227
3228	3228
3229	3229
3230	3230	HB2856 - 89 - LRB104 11075 RPS 21157 b
3231	3231
3232	3232
3233	3233	HB2856- 90 -LRB104 11075 RPS 21157 b HB2856 - 90 - LRB104 11075 RPS 21157 b
3234	3234	HB2856 - 90 - LRB104 11075 RPS 21157 b
3235	3235	1 person employed by the Illinois Commerce Commission who is
3236	3236	2 vested with such law enforcement duties as render him
3237	3237	3 ineligible for coverage under the Social Security Act by
3238	3238	4 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
3239	3239	5 218(l)(1) of that Act.
3240	3240	6 (17) "Arson investigator" means any person who is
3241	3241	7 employed as such by the Office of the State Fire Marshal
3242	3242	8 and is vested with such law enforcement duties as render
3243	3243	9 the person ineligible for coverage under the Social
3244	3244	10 Security Act by reason of Sections 218(d)(5)(A),
3245	3245	11 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
3246	3246	12 employed as an arson investigator on January 1, 1995 and
3247	3247	13 is no longer in service but not yet receiving a retirement
3248	3248	14 annuity may convert his or her creditable service for
3249	3249	15 employment as an arson investigator into eligible
3250	3250	16 creditable service by paying to the System the difference
3251	3251	17 between the employee contributions actually paid for that
3252	3252	18 service and the amounts that would have been contributed
3253	3253	19 if the applicant were contributing at the rate applicable
3254	3254	20 to persons with the same social security status earning
3255	3255	21 eligible creditable service on the date of application.
3256	3256	22 (18) The term "State highway maintenance worker" means
3257	3257	23 a person who is either of the following:
3258	3258	24 (i) A person employed on a full-time basis by the
3259	3259	25 Illinois Department of Transportation in the position
3260	3260	26 of highway maintainer, highway maintenance lead
3261	3261
3262	3262
3263	3263
3264	3264
3265	3265
3266	3266	HB2856 - 90 - LRB104 11075 RPS 21157 b
3267	3267
3268	3268
3269	3269	HB2856- 91 -LRB104 11075 RPS 21157 b HB2856 - 91 - LRB104 11075 RPS 21157 b
3270	3270	HB2856 - 91 - LRB104 11075 RPS 21157 b
3271	3271	1 worker, highway maintenance lead/lead worker, heavy
3272	3272	2 construction equipment operator, power shovel
3273	3273	3 operator, or bridge mechanic; and whose principal
3274	3274	4 responsibility is to perform, on the roadway, the
3275	3275	5 actual maintenance necessary to keep the highways that
3276	3276	6 form a part of the State highway system in serviceable
3277	3277	7 condition for vehicular traffic.
3278	3278	8 (ii) A person employed on a full-time basis by the
3279	3279	9 Illinois State Toll Highway Authority in the position
3280	3280	10 of equipment operator/laborer H-4, equipment
3281	3281	11 operator/laborer H-6, welder H-4, welder H-6,
3282	3282	12 mechanical/electrical H-4, mechanical/electrical H-6,
3283	3283	13 water/sewer H-4, water/sewer H-6, sign maker/hanger
3284	3284	14 H-4, sign maker/hanger H-6, roadway lighting H-4,
3285	3285	15 roadway lighting H-6, structural H-4, structural H-6,
3286	3286	16 painter H-4, or painter H-6; and whose principal
3287	3287	17 responsibility is to perform, on the roadway, the
3288	3288	18 actual maintenance necessary to keep the Authority's
3289	3289	19 tollways in serviceable condition for vehicular
3290	3290	20 traffic.
3291	3291	21 (19) The term "security employee of the Department of
3292	3292	22 Innovation and Technology" means a person who was a
3293	3293	23 security employee of the Department of Corrections or the
3294	3294	24 Department of Juvenile Justice, was transferred to the
3295	3295	25 Department of Innovation and Technology pursuant to
3296	3296	26 Executive Order 2016-01, and continues to perform similar
3297	3297
3298	3298
3299	3299
3300	3300
3301	3301
3302	3302	HB2856 - 91 - LRB104 11075 RPS 21157 b
3303	3303
3304	3304
3305	3305	HB2856- 92 -LRB104 11075 RPS 21157 b HB2856 - 92 - LRB104 11075 RPS 21157 b
3306	3306	HB2856 - 92 - LRB104 11075 RPS 21157 b
3307	3307	1 job functions under that Department.
3308	3308	2 (20) "Transferred employee" means an employee who was
3309	3309	3 transferred to the Department of Central Management
3310	3310	4 Services by Executive Order No. 2003-10 or Executive Order
3311	3311	5 No. 2004-2 or transferred to the Department of Innovation
3312	3312	6 and Technology by Executive Order No. 2016-1, or both, and
3313	3313	7 was entitled to eligible creditable service for services
3314	3314	8 immediately preceding the transfer.
3315	3315	9 (21) "Investigator for the Department of the Lottery"
3316	3316	10 means any person who is employed by the Department of the
3317	3317	11 Lottery and is vested with such investigative duties which
3318	3318	12 render him or her ineligible for coverage under the Social
3319	3319	13 Security Act by reason of Sections 218(d)(5)(A),
3320	3320	14 218(d)(8)(D), and 218(l)(1) of that Act. An investigator
3321	3321	15 for the Department of the Lottery who qualifies under this
3322	3322	16 Section shall earn eligible creditable service and be
3323	3323	17 required to make contributions at the rate specified in
3324	3324	18 paragraph (3) of subsection (a) of Section 14-133 for all
3325	3325	19 periods of service as an investigator for the Department
3326	3326	20 of the Lottery.
3327	3327	21 (d) A security employee of the Department of Corrections
3328	3328	22 or the Department of Juvenile Justice, a security employee of
3329	3329	23 the Department of Human Services who is not a mental health
3330	3330	24 police officer, and a security employee of the Department of
3331	3331	25 Innovation and Technology shall not be eligible for the
3332	3332	26 alternative retirement annuity provided by this Section unless
3333	3333
3334	3334
3335	3335
3336	3336
3337	3337
3338	3338	HB2856 - 92 - LRB104 11075 RPS 21157 b
3339	3339
3340	3340
3341	3341	HB2856- 93 -LRB104 11075 RPS 21157 b HB2856 - 93 - LRB104 11075 RPS 21157 b
3342	3342	HB2856 - 93 - LRB104 11075 RPS 21157 b
3343	3343	1 he or she meets the following minimum age and service
3344	3344	2 requirements at the time of retirement:
3345	3345	3 (i) 25 years of eligible creditable service and age
3346	3346	4 55; or
3347	3347	5 (ii) beginning January 1, 1987, 25 years of eligible
3348	3348	6 creditable service and age 54, or 24 years of eligible
3349	3349	7 creditable service and age 55; or
3350	3350	8 (iii) beginning January 1, 1988, 25 years of eligible
3351	3351	9 creditable service and age 53, or 23 years of eligible
3352	3352	10 creditable service and age 55; or
3353	3353	11 (iv) beginning January 1, 1989, 25 years of eligible
3354	3354	12 creditable service and age 52, or 22 years of eligible
3355	3355	13 creditable service and age 55; or
3356	3356	14 (v) beginning January 1, 1990, 25 years of eligible
3357	3357	15 creditable service and age 51, or 21 years of eligible
3358	3358	16 creditable service and age 55; or
3359	3359	17 (vi) beginning January 1, 1991, 25 years of eligible
3360	3360	18 creditable service and age 50, or 20 years of eligible
3361	3361	19 creditable service and age 55.
3362	3362	20 Persons who have service credit under Article 16 of this
3363	3363	21 Code for service as a security employee of the Department of
3364	3364	22 Corrections or the Department of Juvenile Justice, or the
3365	3365	23 Department of Human Services in a position requiring
3366	3366	24 certification as a teacher may count such service toward
3367	3367	25 establishing their eligibility under the service requirements
3368	3368	26 of this Section; but such service may be used only for
3369	3369
3370	3370
3371	3371
3372	3372
3373	3373
3374	3374	HB2856 - 93 - LRB104 11075 RPS 21157 b
3375	3375
3376	3376
3377	3377	HB2856- 94 -LRB104 11075 RPS 21157 b HB2856 - 94 - LRB104 11075 RPS 21157 b
3378	3378	HB2856 - 94 - LRB104 11075 RPS 21157 b
3379	3379	1 establishing such eligibility, and not for the purpose of
3380	3380	2 increasing or calculating any benefit.
3381	3381	3 (e) If a member enters military service while working in a
3382	3382	4 position in which eligible creditable service may be earned,
3383	3383	5 and returns to State service in the same or another such
3384	3384	6 position, and fulfills in all other respects the conditions
3385	3385	7 prescribed in this Article for credit for military service,
3386	3386	8 such military service shall be credited as eligible creditable
3387	3387	9 service for the purposes of the retirement annuity prescribed
3388	3388	10 in this Section.
3389	3389	11 (f) For purposes of calculating retirement annuities under
3390	3390	12 this Section, periods of service rendered after December 31,
3391	3391	13 1968 and before October 1, 1975 as a covered employee in the
3392	3392	14 position of special agent, conservation police officer, mental
3393	3393	15 health police officer, or investigator for the Secretary of
3394	3394	16 State, shall be deemed to have been service as a noncovered
3395	3395	17 employee, provided that the employee pays to the System prior
3396	3396	18 to retirement an amount equal to (1) the difference between
3397	3397	19 the employee contributions that would have been required for
3398	3398	20 such service as a noncovered employee, and the amount of
3399	3399	21 employee contributions actually paid, plus (2) if payment is
3400	3400	22 made after July 31, 1987, regular interest on the amount
3401	3401	23 specified in item (1) from the date of service to the date of
3402	3402	24 payment.
3403	3403	25 For purposes of calculating retirement annuities under
3404	3404	26 this Section, periods of service rendered after December 31,
3405	3405
3406	3406
3407	3407
3408	3408
3409	3409
3410	3410	HB2856 - 94 - LRB104 11075 RPS 21157 b
3411	3411
3412	3412
3413	3413	HB2856- 95 -LRB104 11075 RPS 21157 b HB2856 - 95 - LRB104 11075 RPS 21157 b
3414	3414	HB2856 - 95 - LRB104 11075 RPS 21157 b
3415	3415	1 1968 and before January 1, 1982 as a covered employee in the
3416	3416	2 position of investigator for the Department of Revenue shall
3417	3417	3 be deemed to have been service as a noncovered employee,
3418	3418	4 provided that the employee pays to the System prior to
3419	3419	5 retirement an amount equal to (1) the difference between the
3420	3420	6 employee contributions that would have been required for such
3421	3421	7 service as a noncovered employee, and the amount of employee
3422	3422	8 contributions actually paid, plus (2) if payment is made after
3423	3423	9 January 1, 1990, regular interest on the amount specified in
3424	3424	10 item (1) from the date of service to the date of payment.
3425	3425	11 (g) A State policeman may elect, not later than January 1,
3426	3426	12 1990, to establish eligible creditable service for up to 10
3427	3427	13 years of his service as a policeman under Article 3, by filing
3428	3428	14 a written election with the Board, accompanied by payment of
3429	3429	15 an amount to be determined by the Board, equal to (i) the
3430	3430	16 difference between the amount of employee and employer
3431	3431	17 contributions transferred to the System under Section 3-110.5,
3432	3432	18 and the amounts that would have been contributed had such
3433	3433	19 contributions been made at the rates applicable to State
3434	3434	20 policemen, plus (ii) interest thereon at the effective rate
3435	3435	21 for each year, compounded annually, from the date of service
3436	3436	22 to the date of payment.
3437	3437	23 Subject to the limitation in subsection (i), a State
3438	3438	24 policeman may elect, not later than July 1, 1993, to establish
3439	3439	25 eligible creditable service for up to 10 years of his service
3440	3440	26 as a member of the County Police Department under Article 9, by
3441	3441
3442	3442
3443	3443
3444	3444
3445	3445
3446	3446	HB2856 - 95 - LRB104 11075 RPS 21157 b
3447	3447
3448	3448
3449	3449	HB2856- 96 -LRB104 11075 RPS 21157 b HB2856 - 96 - LRB104 11075 RPS 21157 b
3450	3450	HB2856 - 96 - LRB104 11075 RPS 21157 b
3451	3451	1 filing a written election with the Board, accompanied by
3452	3452	2 payment of an amount to be determined by the Board, equal to
3453	3453	3 (i) the difference between the amount of employee and employer
3454	3454	4 contributions transferred to the System under Section 9-121.10
3455	3455	5 and the amounts that would have been contributed had those
3456	3456	6 contributions been made at the rates applicable to State
3457	3457	7 policemen, plus (ii) interest thereon at the effective rate
3458	3458	8 for each year, compounded annually, from the date of service
3459	3459	9 to the date of payment.
3460	3460	10 (h) Subject to the limitation in subsection (i), a State
3461	3461	11 policeman or investigator for the Secretary of State may elect
3462	3462	12 to establish eligible creditable service for up to 12 years of
3463	3463	13 his service as a policeman under Article 5, by filing a written
3464	3464	14 election with the Board on or before January 31, 1992, and
3465	3465	15 paying to the System by January 31, 1994 an amount to be
3466	3466	16 determined by the Board, equal to (i) the difference between
3467	3467	17 the amount of employee and employer contributions transferred
3468	3468	18 to the System under Section 5-236, and the amounts that would
3469	3469	19 have been contributed had such contributions been made at the
3470	3470	20 rates applicable to State policemen, plus (ii) interest
3471	3471	21 thereon at the effective rate for each year, compounded
3472	3472	22 annually, from the date of service to the date of payment.
3473	3473	23 Subject to the limitation in subsection (i), a State
3474	3474	24 policeman, conservation police officer, or investigator for
3475	3475	25 the Secretary of State may elect to establish eligible
3476	3476	26 creditable service for up to 10 years of service as a sheriff's
3477	3477
3478	3478
3479	3479
3480	3480
3481	3481
3482	3482	HB2856 - 96 - LRB104 11075 RPS 21157 b
3483	3483
3484	3484
3485	3485	HB2856- 97 -LRB104 11075 RPS 21157 b HB2856 - 97 - LRB104 11075 RPS 21157 b
3486	3486	HB2856 - 97 - LRB104 11075 RPS 21157 b
3487	3487	1 law enforcement employee under Article 7, by filing a written
3488	3488	2 election with the Board on or before January 31, 1993, and
3489	3489	3 paying to the System by January 31, 1994 an amount to be
3490	3490	4 determined by the Board, equal to (i) the difference between
3491	3491	5 the amount of employee and employer contributions transferred
3492	3492	6 to the System under Section 7-139.7, and the amounts that
3493	3493	7 would have been contributed had such contributions been made
3494	3494	8 at the rates applicable to State policemen, plus (ii) interest
3495	3495	9 thereon at the effective rate for each year, compounded
3496	3496	10 annually, from the date of service to the date of payment.
3497	3497	11 Subject to the limitation in subsection (i), a State
3498	3498	12 policeman, conservation police officer, or investigator for
3499	3499	13 the Secretary of State may elect to establish eligible
3500	3500	14 creditable service for up to 5 years of service as a police
3501	3501	15 officer under Article 3, a policeman under Article 5, a
3502	3502	16 sheriff's law enforcement employee under Article 7, a member
3503	3503	17 of the county police department under Article 9, or a police
3504	3504	18 officer under Article 15 by filing a written election with the
3505	3505	19 Board and paying to the System an amount to be determined by
3506	3506	20 the Board, equal to (i) the difference between the amount of
3507	3507	21 employee and employer contributions transferred to the System
3508	3508	22 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
3509	3509	23 and the amounts that would have been contributed had such
3510	3510	24 contributions been made at the rates applicable to State
3511	3511	25 policemen, plus (ii) interest thereon at the effective rate
3512	3512	26 for each year, compounded annually, from the date of service
3513	3513
3514	3514
3515	3515
3516	3516
3517	3517
3518	3518	HB2856 - 97 - LRB104 11075 RPS 21157 b
3519	3519
3520	3520
3521	3521	HB2856- 98 -LRB104 11075 RPS 21157 b HB2856 - 98 - LRB104 11075 RPS 21157 b
3522	3522	HB2856 - 98 - LRB104 11075 RPS 21157 b
3523	3523	1 to the date of payment.
3524	3524	2 Subject to the limitation in subsection (i), an
3525	3525	3 investigator for the Office of the Attorney General, or an
3526	3526	4 investigator for the Department of Revenue, may elect to
3527	3527	5 establish eligible creditable service for up to 5 years of
3528	3528	6 service as a police officer under Article 3, a policeman under
3529	3529	7 Article 5, a sheriff's law enforcement employee under Article
3530	3530	8 7, or a member of the county police department under Article 9
3531	3531	9 by filing a written election with the Board within 6 months
3532	3532	10 after August 25, 2009 (the effective date of Public Act
3533	3533	11 96-745) and paying to the System an amount to be determined by
3534	3534	12 the Board, equal to (i) the difference between the amount of
3535	3535	13 employee and employer contributions transferred to the System
3536	3536	14 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
3537	3537	15 amounts that would have been contributed had such
3538	3538	16 contributions been made at the rates applicable to State
3539	3539	17 policemen, plus (ii) interest thereon at the actuarially
3540	3540	18 assumed rate for each year, compounded annually, from the date
3541	3541	19 of service to the date of payment.
3542	3542	20 Subject to the limitation in subsection (i), a State
3543	3543	21 policeman, conservation police officer, investigator for the
3544	3544	22 Office of the Attorney General, an investigator for the
3545	3545	23 Department of Revenue, or investigator for the Secretary of
3546	3546	24 State may elect to establish eligible creditable service for
3547	3547	25 up to 5 years of service as a person employed by a
3548	3548	26 participating municipality to perform police duties, or law
3549	3549
3550	3550
3551	3551
3552	3552
3553	3553
3554	3554	HB2856 - 98 - LRB104 11075 RPS 21157 b
3555	3555
3556	3556
3557	3557	HB2856- 99 -LRB104 11075 RPS 21157 b HB2856 - 99 - LRB104 11075 RPS 21157 b
3558	3558	HB2856 - 99 - LRB104 11075 RPS 21157 b
3559	3559	1 enforcement officer employed on a full-time basis by a forest
3560	3560	2 preserve district under Article 7, a county corrections
3561	3561	3 officer, or a court services officer under Article 9, by
3562	3562	4 filing a written election with the Board within 6 months after
3563	3563	5 August 25, 2009 (the effective date of Public Act 96-745) and
3564	3564	6 paying to the System an amount to be determined by the Board,
3565	3565	7 equal to (i) the difference between the amount of employee and
3566	3566	8 employer contributions transferred to the System under
3567	3567	9 Sections 7-139.8 and 9-121.10 and the amounts that would have
3568	3568	10 been contributed had such contributions been made at the rates
3569	3569	11 applicable to State policemen, plus (ii) interest thereon at
3570	3570	12 the actuarially assumed rate for each year, compounded
3571	3571	13 annually, from the date of service to the date of payment.
3572	3572	14 Subject to the limitation in subsection (i), a State
3573	3573	15 policeman, arson investigator, or Commerce Commission police
3574	3574	16 officer may elect to establish eligible creditable service for
3575	3575	17 up to 5 years of service as a person employed by a
3576	3576	18 participating municipality to perform police duties under
3577	3577	19 Article 7, a county corrections officer, a court services
3578	3578	20 officer under Article 9, or a firefighter under Article 4 by
3579	3579	21 filing a written election with the Board within 6 months after
3580	3580	22 July 30, 2021 (the effective date of Public Act 102-210) and
3581	3581	23 paying to the System an amount to be determined by the Board
3582	3582	24 equal to (i) the difference between the amount of employee and
3583	3583	25 employer contributions transferred to the System under
3584	3584	26 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
3585	3585
3586	3586
3587	3587
3588	3588
3589	3589
3590	3590	HB2856 - 99 - LRB104 11075 RPS 21157 b
3591	3591
3592	3592
3593	3593	HB2856- 100 -LRB104 11075 RPS 21157 b HB2856 - 100 - LRB104 11075 RPS 21157 b
3594	3594	HB2856 - 100 - LRB104 11075 RPS 21157 b
3595	3595	1 would have been contributed had such contributions been made
3596	3596	2 at the rates applicable to State policemen, plus (ii) interest
3597	3597	3 thereon at the actuarially assumed rate for each year,
3598	3598	4 compounded annually, from the date of service to the date of
3599	3599	5 payment.
3600	3600	6 Subject to the limitation in subsection (i), a
3601	3601	7 conservation police officer may elect to establish eligible
3602	3602	8 creditable service for up to 5 years of service as a person
3603	3603	9 employed by a participating municipality to perform police
3604	3604	10 duties under Article 7, a county corrections officer, or a
3605	3605	11 court services officer under Article 9 by filing a written
3606	3606	12 election with the Board within 6 months after July 30, 2021
3607	3607	13 (the effective date of Public Act 102-210) and paying to the
3608	3608	14 System an amount to be determined by the Board equal to (i) the
3609	3609	15 difference between the amount of employee and employer
3610	3610	16 contributions transferred to the System under Sections 7-139.8
3611	3611	17 and 9-121.10 and the amounts that would have been contributed
3612	3612	18 had such contributions been made at the rates applicable to
3613	3613	19 State policemen, plus (ii) interest thereon at the actuarially
3614	3614	20 assumed rate for each year, compounded annually, from the date
3615	3615	21 of service to the date of payment.
3616	3616	22 Subject to the limitation in subsection (i), an
3617	3617	23 investigator for the Department of Revenue, investigator for
3618	3618	24 the Illinois Gaming Board, investigator for the Secretary of
3619	3619	25 State, or arson investigator may elect to establish eligible
3620	3620	26 creditable service for up to 5 years of service as a person
3621	3621
3622	3622
3623	3623
3624	3624
3625	3625
3626	3626	HB2856 - 100 - LRB104 11075 RPS 21157 b
3627	3627
3628	3628
3629	3629	HB2856- 101 -LRB104 11075 RPS 21157 b HB2856 - 101 - LRB104 11075 RPS 21157 b
3630	3630	HB2856 - 101 - LRB104 11075 RPS 21157 b
3631	3631	1 employed by a participating municipality to perform police
3632	3632	2 duties under Article 7, a county corrections officer, a court
3633	3633	3 services officer under Article 9, or a firefighter under
3634	3634	4 Article 4 by filing a written election with the Board within 6
3635	3635	5 months after the effective date of this amendatory Act of the
3636	3636	6 102nd General Assembly and paying to the System an amount to be
3637	3637	7 determined by the Board equal to (i) the difference between
3638	3638	8 the amount of employee and employer contributions transferred
3639	3639	9 to the System under Sections 4-108.8, 7-139.8, and 9-121.10
3640	3640	10 and the amounts that would have been contributed had such
3641	3641	11 contributions been made at the rates applicable to State
3642	3642	12 policemen, plus (ii) interest thereon at the actuarially
3643	3643	13 assumed rate for each year, compounded annually, from the date
3644	3644	14 of service to the date of payment.
3645	3645	15 Notwithstanding the limitation in subsection (i), a State
3646	3646	16 policeman or conservation police officer may elect to convert
3647	3647	17 service credit earned under this Article to eligible
3648	3648	18 creditable service, as defined by this Section, by filing a
3649	3649	19 written election with the board within 6 months after July 30,
3650	3650	20 2021 (the effective date of Public Act 102-210) and paying to
3651	3651	21 the System an amount to be determined by the Board equal to (i)
3652	3652	22 the difference between the amount of employee contributions
3653	3653	23 originally paid for that service and the amounts that would
3654	3654	24 have been contributed had such contributions been made at the
3655	3655	25 rates applicable to State policemen, plus (ii) the difference
3656	3656	26 between the employer's normal cost of the credit prior to the
3657	3657
3658	3658
3659	3659
3660	3660
3661	3661
3662	3662	HB2856 - 101 - LRB104 11075 RPS 21157 b
3663	3663
3664	3664
3665	3665	HB2856- 102 -LRB104 11075 RPS 21157 b HB2856 - 102 - LRB104 11075 RPS 21157 b
3666	3666	HB2856 - 102 - LRB104 11075 RPS 21157 b
3667	3667	1 conversion authorized by Public Act 102-210 and the employer's
3668	3668	2 normal cost of the credit converted in accordance with Public
3669	3669	3 Act 102-210, plus (iii) interest thereon at the actuarially
3670	3670	4 assumed rate for each year, compounded annually, from the date
3671	3671	5 of service to the date of payment.
3672	3672	6 Notwithstanding the limitation in subsection (i), an
3673	3673	7 investigator for the Department of Revenue, investigator for
3674	3674	8 the Illinois Gaming Board, investigator for the Secretary of
3675	3675	9 State, or arson investigator may elect to convert service
3676	3676	10 credit earned under this Article to eligible creditable
3677	3677	11 service, as defined by this Section, by filing a written
3678	3678	12 election with the Board within 6 months after the effective
3679	3679	13 date of this amendatory Act of the 102nd General Assembly and
3680	3680	14 paying to the System an amount to be determined by the Board
3681	3681	15 equal to (i) the difference between the amount of employee
3682	3682	16 contributions originally paid for that service and the amounts
3683	3683	17 that would have been contributed had such contributions been
3684	3684	18 made at the rates applicable to investigators for the
3685	3685	19 Department of Revenue, investigators for the Illinois Gaming
3686	3686	20 Board, investigators for the Secretary of State, or arson
3687	3687	21 investigators, plus (ii) the difference between the employer's
3688	3688	22 normal cost of the credit prior to the conversion authorized
3689	3689	23 by this amendatory Act of the 102nd General Assembly and the
3690	3690	24 employer's normal cost of the credit converted in accordance
3691	3691	25 with this amendatory Act of the 102nd General Assembly, plus
3692	3692	26 (iii) interest thereon at the actuarially assumed rate for
3693	3693
3694	3694
3695	3695
3696	3696
3697	3697
3698	3698	HB2856 - 102 - LRB104 11075 RPS 21157 b
3699	3699
3700	3700
3701	3701	HB2856- 103 -LRB104 11075 RPS 21157 b HB2856 - 103 - LRB104 11075 RPS 21157 b
3702	3702	HB2856 - 103 - LRB104 11075 RPS 21157 b
3703	3703	1 each year, compounded annually, from the date of service to
3704	3704	2 the date of payment.
3705	3705	3 (i) The total amount of eligible creditable service
3706	3706	4 established by any person under subsections (g), (h), (j),
3707	3707	5 (k), (l), (l-5), and (o) of this Section shall not exceed 12
3708	3708	6 years.
3709	3709	7 (j) Subject to the limitation in subsection (i), an
3710	3710	8 investigator for the Office of the State's Attorneys Appellate
3711	3711	9 Prosecutor or a controlled substance inspector may elect to
3712	3712	10 establish eligible creditable service for up to 10 years of
3713	3713	11 his service as a policeman under Article 3 or a sheriff's law
3714	3714	12 enforcement employee under Article 7, by filing a written
3715	3715	13 election with the Board, accompanied by payment of an amount
3716	3716	14 to be determined by the Board, equal to (1) the difference
3717	3717	15 between the amount of employee and employer contributions
3718	3718	16 transferred to the System under Section 3-110.6 or 7-139.8,
3719	3719	17 and the amounts that would have been contributed had such
3720	3720	18 contributions been made at the rates applicable to State
3721	3721	19 policemen, plus (2) interest thereon at the effective rate for
3722	3722	20 each year, compounded annually, from the date of service to
3723	3723	21 the date of payment.
3724	3724	22 (k) Subject to the limitation in subsection (i) of this
3725	3725	23 Section, an alternative formula employee may elect to
3726	3726	24 establish eligible creditable service for periods spent as a
3727	3727	25 full-time law enforcement officer or full-time corrections
3728	3728	26 officer employed by the federal government or by a state or
3729	3729
3730	3730
3731	3731
3732	3732
3733	3733
3734	3734	HB2856 - 103 - LRB104 11075 RPS 21157 b
3735	3735
3736	3736
3737	3737	HB2856- 104 -LRB104 11075 RPS 21157 b HB2856 - 104 - LRB104 11075 RPS 21157 b
3738	3738	HB2856 - 104 - LRB104 11075 RPS 21157 b
3739	3739	1 local government located outside of Illinois, for which credit
3740	3740	2 is not held in any other public employee pension fund or
3741	3741	3 retirement system. To obtain this credit, the applicant must
3742	3742	4 file a written application with the Board by March 31, 1998,
3743	3743	5 accompanied by evidence of eligibility acceptable to the Board
3744	3744	6 and payment of an amount to be determined by the Board, equal
3745	3745	7 to (1) employee contributions for the credit being
3746	3746	8 established, based upon the applicant's salary on the first
3747	3747	9 day as an alternative formula employee after the employment
3748	3748	10 for which credit is being established and the rates then
3749	3749	11 applicable to alternative formula employees, plus (2) an
3750	3750	12 amount determined by the Board to be the employer's normal
3751	3751	13 cost of the benefits accrued for the credit being established,
3752	3752	14 plus (3) regular interest on the amounts in items (1) and (2)
3753	3753	15 from the first day as an alternative formula employee after
3754	3754	16 the employment for which credit is being established to the
3755	3755	17 date of payment.
3756	3756	18 (l) Subject to the limitation in subsection (i), a
3757	3757	19 security employee of the Department of Corrections may elect,
3758	3758	20 not later than July 1, 1998, to establish eligible creditable
3759	3759	21 service for up to 10 years of his or her service as a policeman
3760	3760	22 under Article 3, by filing a written election with the Board,
3761	3761	23 accompanied by payment of an amount to be determined by the
3762	3762	24 Board, equal to (i) the difference between the amount of
3763	3763	25 employee and employer contributions transferred to the System
3764	3764	26 under Section 3-110.5, and the amounts that would have been
3765	3765
3766	3766
3767	3767
3768	3768
3769	3769
3770	3770	HB2856 - 104 - LRB104 11075 RPS 21157 b
3771	3771
3772	3772
3773	3773	HB2856- 105 -LRB104 11075 RPS 21157 b HB2856 - 105 - LRB104 11075 RPS 21157 b
3774	3774	HB2856 - 105 - LRB104 11075 RPS 21157 b
3775	3775	1 contributed had such contributions been made at the rates
3776	3776	2 applicable to security employees of the Department of
3777	3777	3 Corrections, plus (ii) interest thereon at the effective rate
3778	3778	4 for each year, compounded annually, from the date of service
3779	3779	5 to the date of payment.
3780	3780	6 (l-5) Subject to the limitation in subsection (i) of this
3781	3781	7 Section, a State policeman may elect to establish eligible
3782	3782	8 creditable service for up to 5 years of service as a full-time
3783	3783	9 law enforcement officer employed by the federal government or
3784	3784	10 by a state or local government located outside of Illinois for
3785	3785	11 which credit is not held in any other public employee pension
3786	3786	12 fund or retirement system. To obtain this credit, the
3787	3787	13 applicant must file a written application with the Board no
3788	3788	14 later than 3 years after January 1, 2020 (the effective date of
3789	3789	15 Public Act 101-610), accompanied by evidence of eligibility
3790	3790	16 acceptable to the Board and payment of an amount to be
3791	3791	17 determined by the Board, equal to (1) employee contributions
3792	3792	18 for the credit being established, based upon the applicant's
3793	3793	19 salary on the first day as an alternative formula employee
3794	3794	20 after the employment for which credit is being established and
3795	3795	21 the rates then applicable to alternative formula employees,
3796	3796	22 plus (2) an amount determined by the Board to be the employer's
3797	3797	23 normal cost of the benefits accrued for the credit being
3798	3798	24 established, plus (3) regular interest on the amounts in items
3799	3799	25 (1) and (2) from the first day as an alternative formula
3800	3800	26 employee after the employment for which credit is being
3801	3801
3802	3802
3803	3803
3804	3804
3805	3805
3806	3806	HB2856 - 105 - LRB104 11075 RPS 21157 b
3807	3807
3808	3808
3809	3809	HB2856- 106 -LRB104 11075 RPS 21157 b HB2856 - 106 - LRB104 11075 RPS 21157 b
3810	3810	HB2856 - 106 - LRB104 11075 RPS 21157 b
3811	3811	1 established to the date of payment.
3812	3812	2 (m) The amendatory changes to this Section made by Public
3813	3813	3 Act 94-696 apply only to: (1) security employees of the
3814	3814	4 Department of Juvenile Justice employed by the Department of
3815	3815	5 Corrections before June 1, 2006 (the effective date of Public
3816	3816	6 Act 94-696) and transferred to the Department of Juvenile
3817	3817	7 Justice by Public Act 94-696; and (2) persons employed by the
3818	3818	8 Department of Juvenile Justice on or after June 1, 2006 (the
3819	3819	9 effective date of Public Act 94-696) who are required by
3820	3820	10 subsection (b) of Section 3-2.5-15 of the Unified Code of
3821	3821	11 Corrections to have any bachelor's or advanced degree from an
3822	3822	12 accredited college or university or, in the case of persons
3823	3823	13 who provide vocational training, who are required to have
3824	3824	14 adequate knowledge in the skill for which they are providing
3825	3825	15 the vocational training.
3826	3826	16 Beginning with the pay period that immediately follows the
3827	3827	17 effective date of this amendatory Act of the 104th General
3828	3828	18 Assembly, the bachelor's or advanced degree requirement of
3829	3829	19 subsection (b) of Section 3-2.5-15 of the Unified Code of
3830	3830	20 Corrections shall no longer determine the eligibility to earn
3831	3831	21 eligible creditable service for a person employed by the
3832	3832	22 Department of Juvenile Justice.
3833	3833	23 An employee may elect to convert into eligible creditable
3834	3834	24 service his or her creditable service earned with the
3835	3835	25 Department of Juvenile Justice while employed in a position
3836	3836	26 that required the employee to do any one or more of the
3837	3837
3838	3838
3839	3839
3840	3840
3841	3841
3842	3842	HB2856 - 106 - LRB104 11075 RPS 21157 b
3843	3843
3844	3844
3845	3845	HB2856- 107 -LRB104 11075 RPS 21157 b HB2856 - 107 - LRB104 11075 RPS 21157 b
3846	3846	HB2856 - 107 - LRB104 11075 RPS 21157 b
3847	3847	1 following: (1) participate or assist in the rehabilitative and
3848	3848	2 vocational training of delinquent youths; (2) supervise the
3849	3849	3 daily activities and assume direct and continuing
3850	3850	4 responsibility for the youth's security, welfare, and
3851	3851	5 development; or (3) participate in the personal rehabilitation
3852	3852	6 of delinquent youth by training, supervising, and assisting
3853	3853	7 lower-level personnel. To convert that creditable service to
3854	3854	8 eligible creditable service, the employee must pay to the
3855	3855	9 System the difference between the employee contributions
3856	3856	10 actually paid for that service and the amounts that would have
3857	3857	11 been contributed if the applicant were contributing at the
3858	3858	12 rate applicable to persons with the same Social Security
3859	3859	13 status earning eligible creditable service on the date of
3860	3860	14 application.
3861	3861	15 (n) A person employed in a position under subsection (b)
3862	3862	16 of this Section who has purchased service credit under
3863	3863	17 subsection (j) of Section 14-104 or subsection (b) of Section
3864	3864	18 14-105 in any other capacity under this Article may convert up
3865	3865	19 to 5 years of that service credit into service credit covered
3866	3866	20 under this Section by paying to the Fund an amount equal to (1)
3867	3867	21 the additional employee contribution required under Section
3868	3868	22 14-133, plus (2) the additional employer contribution required
3869	3869	23 under Section 14-131, plus (3) interest on items (1) and (2) at
3870	3870	24 the actuarially assumed rate from the date of the service to
3871	3871	25 the date of payment.
3872	3872	26 (o) Subject to the limitation in subsection (i), a
3873	3873
3874	3874
3875	3875
3876	3876
3877	3877
3878	3878	HB2856 - 107 - LRB104 11075 RPS 21157 b
3879	3879
3880	3880
3881	3881	HB2856- 108 -LRB104 11075 RPS 21157 b HB2856 - 108 - LRB104 11075 RPS 21157 b
3882	3882	HB2856 - 108 - LRB104 11075 RPS 21157 b
3883	3883	1 conservation police officer, investigator for the Secretary of
3884	3884	2 State, Commerce Commission police officer, investigator for
3885	3885	3 the Department of Revenue or the Illinois Gaming Board, or
3886	3886	4 arson investigator subject to subsection (g) of Section 1-160
3887	3887	5 may elect to convert up to 8 years of service credit
3888	3888	6 established before January 1, 2020 (the effective date of
3889	3889	7 Public Act 101-610) as a conservation police officer,
3890	3890	8 investigator for the Secretary of State, Commerce Commission
3891	3891	9 police officer, investigator for the Department of Revenue or
3892	3892	10 the Illinois Gaming Board, or arson investigator under this
3893	3893	11 Article into eligible creditable service by filing a written
3894	3894	12 election with the Board no later than one year after January 1,
3895	3895	13 2020 (the effective date of Public Act 101-610), accompanied
3896	3896	14 by payment of an amount to be determined by the Board equal to
3897	3897	15 (i) the difference between the amount of the employee
3898	3898	16 contributions actually paid for that service and the amount of
3899	3899	17 the employee contributions that would have been paid had the
3900	3900	18 employee contributions been made as a noncovered employee
3901	3901	19 serving in a position in which eligible creditable service, as
3902	3902	20 defined in this Section, may be earned, plus (ii) interest
3903	3903	21 thereon at the effective rate for each year, compounded
3904	3904	22 annually, from the date of service to the date of payment.
3905	3905	23 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
3906	3906	24 102-856, eff. 1-1-23; 103-34, eff. 1-1-24.)
3907	3907	25 (Text of Section from P.A. 102-956 and 103-34)
3908	3908
3909	3909
3910	3910
3911	3911
3912	3912
3913	3913	HB2856 - 108 - LRB104 11075 RPS 21157 b
3914	3914
3915	3915
3916	3916	HB2856- 109 -LRB104 11075 RPS 21157 b HB2856 - 109 - LRB104 11075 RPS 21157 b
3917	3917	HB2856 - 109 - LRB104 11075 RPS 21157 b
3918	3918	1 Sec. 14-110. Alternative retirement annuity.
3919	3919	2 (a) Any member who has withdrawn from service with not
3920	3920	3 less than 20 years of eligible creditable service and has
3921	3921	4 attained age 55, and any member who has withdrawn from service
3922	3922	5 with not less than 25 years of eligible creditable service and
3923	3923	6 has attained age 50, regardless of whether the attainment of
3924	3924	7 either of the specified ages occurs while the member is still
3925	3925	8 in service, shall be entitled to receive at the option of the
3926	3926	9 member, in lieu of the regular or minimum retirement annuity,
3927	3927	10 a retirement annuity computed as follows:
3928	3928	11 (i) for periods of service as a noncovered employee:
3929	3929	12 if retirement occurs on or after January 1, 2001, 3% of
3930	3930	13 final average compensation for each year of creditable
3931	3931	14 service; if retirement occurs before January 1, 2001, 2
3932	3932	15 1/4% of final average compensation for each of the first
3933	3933	16 10 years of creditable service, 2 1/2% for each year above
3934	3934	17 10 years to and including 20 years of creditable service,
3935	3935	18 and 2 3/4% for each year of creditable service above 20
3936	3936	19 years; and
3937	3937	20 (ii) for periods of eligible creditable service as a
3938	3938	21 covered employee: if retirement occurs on or after January
3939	3939	22 1, 2001, 2.5% of final average compensation for each year
3940	3940	23 of creditable service; if retirement occurs before January
3941	3941	24 1, 2001, 1.67% of final average compensation for each of
3942	3942	25 the first 10 years of such service, 1.90% for each of the
3943	3943	26 next 10 years of such service, 2.10% for each year of such
3944	3944
3945	3945
3946	3946
3947	3947
3948	3948
3949	3949	HB2856 - 109 - LRB104 11075 RPS 21157 b
3950	3950
3951	3951
3952	3952	HB2856- 110 -LRB104 11075 RPS 21157 b HB2856 - 110 - LRB104 11075 RPS 21157 b
3953	3953	HB2856 - 110 - LRB104 11075 RPS 21157 b
3954	3954	1 service in excess of 20 but not exceeding 30, and 2.30% for
3955	3955	2 each year in excess of 30.
3956	3956	3 Such annuity shall be subject to a maximum of 75% of final
3957	3957	4 average compensation if retirement occurs before January 1,
3958	3958	5 2001 or to a maximum of 80% of final average compensation if
3959	3959	6 retirement occurs on or after January 1, 2001.
3960	3960	7 These rates shall not be applicable to any service
3961	3961	8 performed by a member as a covered employee which is not
3962	3962	9 eligible creditable service. Service as a covered employee
3963	3963	10 which is not eligible creditable service shall be subject to
3964	3964	11 the rates and provisions of Section 14-108.
3965	3965	12 (b) For the purpose of this Section, "eligible creditable
3966	3966	13 service" means creditable service resulting from service in
3967	3967	14 one or more of the following positions:
3968	3968	15 (1) State policeman;
3969	3969	16 (2) fire fighter in the fire protection service of a
3970	3970	17 department;
3971	3971	18 (3) air pilot;
3972	3972	19 (4) special agent;
3973	3973	20 (5) investigator for the Secretary of State;
3974	3974	21 (6) conservation police officer;
3975	3975	22 (7) investigator for the Department of Revenue or the
3976	3976	23 Illinois Gaming Board;
3977	3977	24 (8) security employee of the Department of Human
3978	3978	25 Services;
3979	3979	26 (9) Central Management Services security police
3980	3980
3981	3981
3982	3982
3983	3983
3984	3984
3985	3985	HB2856 - 110 - LRB104 11075 RPS 21157 b
3986	3986
3987	3987
3988	3988	HB2856- 111 -LRB104 11075 RPS 21157 b HB2856 - 111 - LRB104 11075 RPS 21157 b
3989	3989	HB2856 - 111 - LRB104 11075 RPS 21157 b
3990	3990	1 officer;
3991	3991	2 (10) security employee of the Department of
3992	3992	3 Corrections or the Department of Juvenile Justice;
3993	3993	4 (11) dangerous drugs investigator;
3994	3994	5 (12) investigator for the Illinois State Police;
3995	3995	6 (13) investigator for the Office of the Attorney
3996	3996	7 General;
3997	3997	8 (14) controlled substance inspector;
3998	3998	9 (15) investigator for the Office of the State's
3999	3999	10 Attorneys Appellate Prosecutor;
4000	4000	11 (16) Commerce Commission police officer;
4001	4001	12 (17) arson investigator;
4002	4002	13 (18) State highway maintenance worker;
4003	4003	14 (19) security employee of the Department of Innovation
4004	4004	15 and Technology; or
4005	4005	16 (20) transferred employee; or .
4006	4006	17 (21) investigator for the Department of the Lottery.
4007	4007	18 A person employed in one of the positions specified in
4008	4008	19 this subsection is entitled to eligible creditable service for
4009	4009	20 service credit earned under this Article while undergoing the
4010	4010	21 basic police training course approved by the Illinois Law
4011	4011	22 Enforcement Training Standards Board, if completion of that
4012	4012	23 training is required of persons serving in that position. For
4013	4013	24 the purposes of this Code, service during the required basic
4014	4014	25 police training course shall be deemed performance of the
4015	4015	26 duties of the specified position, even though the person is
4016	4016
4017	4017
4018	4018
4019	4019
4020	4020
4021	4021	HB2856 - 111 - LRB104 11075 RPS 21157 b
4022	4022
4023	4023
4024	4024	HB2856- 112 -LRB104 11075 RPS 21157 b HB2856 - 112 - LRB104 11075 RPS 21157 b
4025	4025	HB2856 - 112 - LRB104 11075 RPS 21157 b
4026	4026	1 not a sworn peace officer at the time of the training.
4027	4027	2 A person under paragraph (20) is entitled to eligible
4028	4028	3 creditable service for service credit earned under this
4029	4029	4 Article on and after his or her transfer by Executive Order No.
4030	4030	5 2003-10, Executive Order No. 2004-2, or Executive Order No.
4031	4031	6 2016-1.
4032	4032	7 (c) For the purposes of this Section:
4033	4033	8 (1) The term "State policeman" includes any title or
4034	4034	9 position in the Illinois State Police that is held by an
4035	4035	10 individual employed under the Illinois State Police Act.
4036	4036	11 (2) The term "fire fighter in the fire protection
4037	4037	12 service of a department" includes all officers in such
4038	4038	13 fire protection service including fire chiefs and
4039	4039	14 assistant fire chiefs.
4040	4040	15 (3) The term "air pilot" includes any employee whose
4041	4041	16 official job description on file in the Department of
4042	4042	17 Central Management Services, or in the department by which
4043	4043	18 he is employed if that department is not covered by the
4044	4044	19 Personnel Code, states that his principal duty is the
4045	4045	20 operation of aircraft, and who possesses a pilot's
4046	4046	21 license; however, the change in this definition made by
4047	4047	22 Public Act 83-842 shall not operate to exclude any
4048	4048	23 noncovered employee who was an "air pilot" for the
4049	4049	24 purposes of this Section on January 1, 1984.
4050	4050	25 (4) The term "special agent" means any person who by
4051	4051	26 reason of employment by the Division of Narcotic Control,
4052	4052
4053	4053
4054	4054
4055	4055
4056	4056
4057	4057	HB2856 - 112 - LRB104 11075 RPS 21157 b
4058	4058
4059	4059
4060	4060	HB2856- 113 -LRB104 11075 RPS 21157 b HB2856 - 113 - LRB104 11075 RPS 21157 b
4061	4061	HB2856 - 113 - LRB104 11075 RPS 21157 b
4062	4062	1 the Bureau of Investigation or, after July 1, 1977, the
4063	4063	2 Division of Criminal Investigation, the Division of
4064	4064	3 Internal Investigation, the Division of Operations, the
4065	4065	4 Division of Patrol, or any other Division or
4066	4066	5 organizational entity in the Illinois State Police is
4067	4067	6 vested by law with duties to maintain public order,
4068	4068	7 investigate violations of the criminal law of this State,
4069	4069	8 enforce the laws of this State, make arrests and recover
4070	4070	9 property. The term "special agent" includes any title or
4071	4071	10 position in the Illinois State Police that is held by an
4072	4072	11 individual employed under the Illinois State Police Act.
4073	4073	12 (5) The term "investigator for the Secretary of State"
4074	4074	13 means any person employed by the Office of the Secretary
4075	4075	14 of State and vested with such investigative duties as
4076	4076	15 render him ineligible for coverage under the Social
4077	4077	16 Security Act by reason of Sections 218(d)(5)(A),
4078	4078	17 218(d)(8)(D) and 218(l)(1) of that Act.
4079	4079	18 A person who became employed as an investigator for
4080	4080	19 the Secretary of State between January 1, 1967 and
4081	4081	20 December 31, 1975, and who has served as such until
4082	4082	21 attainment of age 60, either continuously or with a single
4083	4083	22 break in service of not more than 3 years duration, which
4084	4084	23 break terminated before January 1, 1976, shall be entitled
4085	4085	24 to have his retirement annuity calculated in accordance
4086	4086	25 with subsection (a), notwithstanding that he has less than
4087	4087	26 20 years of credit for such service.
4088	4088
4089	4089
4090	4090
4091	4091
4092	4092
4093	4093	HB2856 - 113 - LRB104 11075 RPS 21157 b
4094	4094
4095	4095
4096	4096	HB2856- 114 -LRB104 11075 RPS 21157 b HB2856 - 114 - LRB104 11075 RPS 21157 b
4097	4097	HB2856 - 114 - LRB104 11075 RPS 21157 b
4098	4098	1 (6) The term "Conservation Police Officer" means any
4099	4099	2 person employed by the Division of Law Enforcement of the
4100	4100	3 Department of Natural Resources and vested with such law
4101	4101	4 enforcement duties as render him ineligible for coverage
4102	4102	5 under the Social Security Act by reason of Sections
4103	4103	6 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
4104	4104	7 term "Conservation Police Officer" includes the positions
4105	4105	8 of Chief Conservation Police Administrator and Assistant
4106	4106	9 Conservation Police Administrator.
4107	4107	10 (7) The term "investigator for the Department of
4108	4108	11 Revenue" means any person employed by the Department of
4109	4109	12 Revenue and vested with such investigative duties as
4110	4110	13 render him ineligible for coverage under the Social
4111	4111	14 Security Act by reason of Sections 218(d)(5)(A),
4112	4112	15 218(d)(8)(D) and 218(l)(1) of that Act.
4113	4113	16 The term "investigator for the Illinois Gaming Board"
4114	4114	17 means any person employed as such by the Illinois Gaming
4115	4115	18 Board and vested with such peace officer duties as render
4116	4116	19 the person ineligible for coverage under the Social
4117	4117	20 Security Act by reason of Sections 218(d)(5)(A),
4118	4118	21 218(d)(8)(D), and 218(l)(1) of that Act.
4119	4119	22 (8) The term "security employee of the Department of
4120	4120	23 Human Services" means any person employed by the
4121	4121	24 Department of Human Services who (i) is employed at the
4122	4122	25 Chester Mental Health Center and has daily contact with
4123	4123	26 the residents thereof, (ii) is employed within a security
4124	4124
4125	4125
4126	4126
4127	4127
4128	4128
4129	4129	HB2856 - 114 - LRB104 11075 RPS 21157 b
4130	4130
4131	4131
4132	4132	HB2856- 115 -LRB104 11075 RPS 21157 b HB2856 - 115 - LRB104 11075 RPS 21157 b
4133	4133	HB2856 - 115 - LRB104 11075 RPS 21157 b
4134	4134	1 unit at a facility operated by the Department and has
4135	4135	2 daily contact with the residents of the security unit,
4136	4136	3 (iii) is employed at a facility operated by the Department
4137	4137	4 that includes a security unit and is regularly scheduled
4138	4138	5 to work at least 50% of his or her working hours within
4139	4139	6 that security unit, or (iv) is a mental health police
4140	4140	7 officer. "Mental health police officer" means any person
4141	4141	8 employed by the Department of Human Services in a position
4142	4142	9 pertaining to the Department's mental health and
4143	4143	10 developmental disabilities functions who is vested with
4144	4144	11 such law enforcement duties as render the person
4145	4145	12 ineligible for coverage under the Social Security Act by
4146	4146	13 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
4147	4147	14 218(l)(1) of that Act. "Security unit" means that portion
4148	4148	15 of a facility that is devoted to the care, containment,
4149	4149	16 and treatment of persons committed to the Department of
4150	4150	17 Human Services as sexually violent persons, persons unfit
4151	4151	18 to stand trial, or persons not guilty by reason of
4152	4152	19 insanity. With respect to past employment, references to
4153	4153	20 the Department of Human Services include its predecessor,
4154	4154	21 the Department of Mental Health and Developmental
4155	4155	22 Disabilities.
4156	4156	23 The changes made to this subdivision (c)(8) by Public
4157	4157	24 Act 92-14 apply to persons who retire on or after January
4158	4158	25 1, 2001, notwithstanding Section 1-103.1.
4159	4159	26 (9) "Central Management Services security police
4160	4160
4161	4161
4162	4162
4163	4163
4164	4164
4165	4165	HB2856 - 115 - LRB104 11075 RPS 21157 b
4166	4166
4167	4167
4168	4168	HB2856- 116 -LRB104 11075 RPS 21157 b HB2856 - 116 - LRB104 11075 RPS 21157 b
4169	4169	HB2856 - 116 - LRB104 11075 RPS 21157 b
4170	4170	1 officer" means any person employed by the Department of
4171	4171	2 Central Management Services who is vested with such law
4172	4172	3 enforcement duties as render him ineligible for coverage
4173	4173	4 under the Social Security Act by reason of Sections
4174	4174	5 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
4175	4175	6 (10) For a member who first became an employee under
4176	4176	7 this Article before July 1, 2005, the term "security
4177	4177	8 employee of the Department of Corrections or the
4178	4178	9 Department of Juvenile Justice" means any employee of the
4179	4179	10 Department of Corrections or the Department of Juvenile
4180	4180	11 Justice or the former Department of Personnel, and any
4181	4181	12 member or employee of the Prisoner Review Board, who has
4182	4182	13 daily contact with inmates or youth by working within a
4183	4183	14 correctional facility or Juvenile facility operated by the
4184	4184	15 Department of Juvenile Justice or who is a parole officer
4185	4185	16 or an employee who has direct contact with committed
4186	4186	17 persons in the performance of his or her job duties. For a
4187	4187	18 member who first becomes an employee under this Article on
4188	4188	19 or after July 1, 2005, the term means an employee of the
4189	4189	20 Department of Corrections or the Department of Juvenile
4190	4190	21 Justice who is any of the following: (i) officially
4191	4191	22 headquartered at a correctional facility or Juvenile
4192	4192	23 facility operated by the Department of Juvenile Justice,
4193	4193	24 (ii) a parole officer, (iii) a member of the apprehension
4194	4194	25 unit, (iv) a member of the intelligence unit, (v) a member
4195	4195	26 of the sort team, or (vi) an investigator.
4196	4196
4197	4197
4198	4198
4199	4199
4200	4200
4201	4201	HB2856 - 116 - LRB104 11075 RPS 21157 b
4202	4202
4203	4203
4204	4204	HB2856- 117 -LRB104 11075 RPS 21157 b HB2856 - 117 - LRB104 11075 RPS 21157 b
4205	4205	HB2856 - 117 - LRB104 11075 RPS 21157 b
4206	4206	1 (11) The term "dangerous drugs investigator" means any
4207	4207	2 person who is employed as such by the Department of Human
4208	4208	3 Services.
4209	4209	4 (12) The term "investigator for the Illinois State
4210	4210	5 Police" means a person employed by the Illinois State
4211	4211	6 Police who is vested under Section 4 of the Narcotic
4212	4212	7 Control Division Abolition Act with such law enforcement
4213	4213	8 powers as render him ineligible for coverage under the
4214	4214	9 Social Security Act by reason of Sections 218(d)(5)(A),
4215	4215	10 218(d)(8)(D) and 218(l)(1) of that Act.
4216	4216	11 (13) "Investigator for the Office of the Attorney
4217	4217	12 General" means any person who is employed as such by the
4218	4218	13 Office of the Attorney General and is vested with such
4219	4219	14 investigative duties as render him ineligible for coverage
4220	4220	15 under the Social Security Act by reason of Sections
4221	4221	16 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
4222	4222	17 the period before January 1, 1989, the term includes all
4223	4223	18 persons who were employed as investigators by the Office
4224	4224	19 of the Attorney General, without regard to social security
4225	4225	20 status.
4226	4226	21 (14) "Controlled substance inspector" means any person
4227	4227	22 who is employed as such by the Department of Professional
4228	4228	23 Regulation and is vested with such law enforcement duties
4229	4229	24 as render him ineligible for coverage under the Social
4230	4230	25 Security Act by reason of Sections 218(d)(5)(A),
4231	4231	26 218(d)(8)(D) and 218(l)(1) of that Act. The term
4232	4232
4233	4233
4234	4234
4235	4235
4236	4236
4237	4237	HB2856 - 117 - LRB104 11075 RPS 21157 b
4238	4238
4239	4239
4240	4240	HB2856- 118 -LRB104 11075 RPS 21157 b HB2856 - 118 - LRB104 11075 RPS 21157 b
4241	4241	HB2856 - 118 - LRB104 11075 RPS 21157 b
4242	4242	1 "controlled substance inspector" includes the Program
4243	4243	2 Executive of Enforcement and the Assistant Program
4244	4244	3 Executive of Enforcement.
4245	4245	4 (15) The term "investigator for the Office of the
4246	4246	5 State's Attorneys Appellate Prosecutor" means a person
4247	4247	6 employed in that capacity on a full-time basis under the
4248	4248	7 authority of Section 7.06 of the State's Attorneys
4249	4249	8 Appellate Prosecutor's Act.
4250	4250	9 (16) "Commerce Commission police officer" means any
4251	4251	10 person employed by the Illinois Commerce Commission who is
4252	4252	11 vested with such law enforcement duties as render him
4253	4253	12 ineligible for coverage under the Social Security Act by
4254	4254	13 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
4255	4255	14 218(l)(1) of that Act.
4256	4256	15 (17) "Arson investigator" means any person who is
4257	4257	16 employed as such by the Office of the State Fire Marshal
4258	4258	17 and is vested with such law enforcement duties as render
4259	4259	18 the person ineligible for coverage under the Social
4260	4260	19 Security Act by reason of Sections 218(d)(5)(A),
4261	4261	20 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
4262	4262	21 employed as an arson investigator on January 1, 1995 and
4263	4263	22 is no longer in service but not yet receiving a retirement
4264	4264	23 annuity may convert his or her creditable service for
4265	4265	24 employment as an arson investigator into eligible
4266	4266	25 creditable service by paying to the System the difference
4267	4267	26 between the employee contributions actually paid for that
4268	4268
4269	4269
4270	4270
4271	4271
4272	4272
4273	4273	HB2856 - 118 - LRB104 11075 RPS 21157 b
4274	4274
4275	4275
4276	4276	HB2856- 119 -LRB104 11075 RPS 21157 b HB2856 - 119 - LRB104 11075 RPS 21157 b
4277	4277	HB2856 - 119 - LRB104 11075 RPS 21157 b
4278	4278	1 service and the amounts that would have been contributed
4279	4279	2 if the applicant were contributing at the rate applicable
4280	4280	3 to persons with the same social security status earning
4281	4281	4 eligible creditable service on the date of application.
4282	4282	5 (18) The term "State highway maintenance worker" means
4283	4283	6 a person who is either of the following:
4284	4284	7 (i) A person employed on a full-time basis by the
4285	4285	8 Illinois Department of Transportation in the position
4286	4286	9 of highway maintainer, highway maintenance lead
4287	4287	10 worker, highway maintenance lead/lead worker, heavy
4288	4288	11 construction equipment operator, power shovel
4289	4289	12 operator, or bridge mechanic; and whose principal
4290	4290	13 responsibility is to perform, on the roadway, the
4291	4291	14 actual maintenance necessary to keep the highways that
4292	4292	15 form a part of the State highway system in serviceable
4293	4293	16 condition for vehicular traffic.
4294	4294	17 (ii) A person employed on a full-time basis by the
4295	4295	18 Illinois State Toll Highway Authority in the position
4296	4296	19 of equipment operator/laborer H-4, equipment
4297	4297	20 operator/laborer H-6, welder H-4, welder H-6,
4298	4298	21 mechanical/electrical H-4, mechanical/electrical H-6,
4299	4299	22 water/sewer H-4, water/sewer H-6, sign maker/hanger
4300	4300	23 H-4, sign maker/hanger H-6, roadway lighting H-4,
4301	4301	24 roadway lighting H-6, structural H-4, structural H-6,
4302	4302	25 painter H-4, or painter H-6; and whose principal
4303	4303	26 responsibility is to perform, on the roadway, the
4304	4304
4305	4305
4306	4306
4307	4307
4308	4308
4309	4309	HB2856 - 119 - LRB104 11075 RPS 21157 b
4310	4310
4311	4311
4312	4312	HB2856- 120 -LRB104 11075 RPS 21157 b HB2856 - 120 - LRB104 11075 RPS 21157 b
4313	4313	HB2856 - 120 - LRB104 11075 RPS 21157 b
4314	4314	1 actual maintenance necessary to keep the Authority's
4315	4315	2 tollways in serviceable condition for vehicular
4316	4316	3 traffic.
4317	4317	4 (19) The term "security employee of the Department of
4318	4318	5 Innovation and Technology" means a person who was a
4319	4319	6 security employee of the Department of Corrections or the
4320	4320	7 Department of Juvenile Justice, was transferred to the
4321	4321	8 Department of Innovation and Technology pursuant to
4322	4322	9 Executive Order 2016-01, and continues to perform similar
4323	4323	10 job functions under that Department.
4324	4324	11 (20) "Transferred employee" means an employee who was
4325	4325	12 transferred to the Department of Central Management
4326	4326	13 Services by Executive Order No. 2003-10 or Executive Order
4327	4327	14 No. 2004-2 or transferred to the Department of Innovation
4328	4328	15 and Technology by Executive Order No. 2016-1, or both, and
4329	4329	16 was entitled to eligible creditable service for services
4330	4330	17 immediately preceding the transfer.
4331	4331	18 (21) "Investigator for the Department of the Lottery"
4332	4332	19 means any person who is employed by the Department of the
4333	4333	20 Lottery and is vested with such investigative duties which
4334	4334	21 render him or her ineligible for coverage under the Social
4335	4335	22 Security Act by reason of Sections 218(d)(5)(A),
4336	4336	23 218(d)(8)(D), and 218(l)(1) of that Act. An investigator
4337	4337	24 for the Department of the Lottery who qualifies under this
4338	4338	25 Section shall earn eligible creditable service and be
4339	4339	26 required to make contributions at the rate specified in
4340	4340
4341	4341
4342	4342
4343	4343
4344	4344
4345	4345	HB2856 - 120 - LRB104 11075 RPS 21157 b
4346	4346
4347	4347
4348	4348	HB2856- 121 -LRB104 11075 RPS 21157 b HB2856 - 121 - LRB104 11075 RPS 21157 b
4349	4349	HB2856 - 121 - LRB104 11075 RPS 21157 b
4350	4350	1 paragraph (3) of subsection (a) of Section 14-133 for all
4351	4351	2 periods of service as an investigator for the Department
4352	4352	3 of the Lottery.
4353	4353	4 (d) A security employee of the Department of Corrections
4354	4354	5 or the Department of Juvenile Justice, a security employee of
4355	4355	6 the Department of Human Services who is not a mental health
4356	4356	7 police officer, and a security employee of the Department of
4357	4357	8 Innovation and Technology shall not be eligible for the
4358	4358	9 alternative retirement annuity provided by this Section unless
4359	4359	10 he or she meets the following minimum age and service
4360	4360	11 requirements at the time of retirement:
4361	4361	12 (i) 25 years of eligible creditable service and age
4362	4362	13 55; or
4363	4363	14 (ii) beginning January 1, 1987, 25 years of eligible
4364	4364	15 creditable service and age 54, or 24 years of eligible
4365	4365	16 creditable service and age 55; or
4366	4366	17 (iii) beginning January 1, 1988, 25 years of eligible
4367	4367	18 creditable service and age 53, or 23 years of eligible
4368	4368	19 creditable service and age 55; or
4369	4369	20 (iv) beginning January 1, 1989, 25 years of eligible
4370	4370	21 creditable service and age 52, or 22 years of eligible
4371	4371	22 creditable service and age 55; or
4372	4372	23 (v) beginning January 1, 1990, 25 years of eligible
4373	4373	24 creditable service and age 51, or 21 years of eligible
4374	4374	25 creditable service and age 55; or
4375	4375	26 (vi) beginning January 1, 1991, 25 years of eligible
4376	4376
4377	4377
4378	4378
4379	4379
4380	4380
4381	4381	HB2856 - 121 - LRB104 11075 RPS 21157 b
4382	4382
4383	4383
4384	4384	HB2856- 122 -LRB104 11075 RPS 21157 b HB2856 - 122 - LRB104 11075 RPS 21157 b
4385	4385	HB2856 - 122 - LRB104 11075 RPS 21157 b
4386	4386	1 creditable service and age 50, or 20 years of eligible
4387	4387	2 creditable service and age 55.
4388	4388	3 Persons who have service credit under Article 16 of this
4389	4389	4 Code for service as a security employee of the Department of
4390	4390	5 Corrections or the Department of Juvenile Justice, or the
4391	4391	6 Department of Human Services in a position requiring
4392	4392	7 certification as a teacher may count such service toward
4393	4393	8 establishing their eligibility under the service requirements
4394	4394	9 of this Section; but such service may be used only for
4395	4395	10 establishing such eligibility, and not for the purpose of
4396	4396	11 increasing or calculating any benefit.
4397	4397	12 (e) If a member enters military service while working in a
4398	4398	13 position in which eligible creditable service may be earned,
4399	4399	14 and returns to State service in the same or another such
4400	4400	15 position, and fulfills in all other respects the conditions
4401	4401	16 prescribed in this Article for credit for military service,
4402	4402	17 such military service shall be credited as eligible creditable
4403	4403	18 service for the purposes of the retirement annuity prescribed
4404	4404	19 in this Section.
4405	4405	20 (f) For purposes of calculating retirement annuities under
4406	4406	21 this Section, periods of service rendered after December 31,
4407	4407	22 1968 and before October 1, 1975 as a covered employee in the
4408	4408	23 position of special agent, conservation police officer, mental
4409	4409	24 health police officer, or investigator for the Secretary of
4410	4410	25 State, shall be deemed to have been service as a noncovered
4411	4411	26 employee, provided that the employee pays to the System prior
4412	4412
4413	4413
4414	4414
4415	4415
4416	4416
4417	4417	HB2856 - 122 - LRB104 11075 RPS 21157 b
4418	4418
4419	4419
4420	4420	HB2856- 123 -LRB104 11075 RPS 21157 b HB2856 - 123 - LRB104 11075 RPS 21157 b
4421	4421	HB2856 - 123 - LRB104 11075 RPS 21157 b
4422	4422	1 to retirement an amount equal to (1) the difference between
4423	4423	2 the employee contributions that would have been required for
4424	4424	3 such service as a noncovered employee, and the amount of
4425	4425	4 employee contributions actually paid, plus (2) if payment is
4426	4426	5 made after July 31, 1987, regular interest on the amount
4427	4427	6 specified in item (1) from the date of service to the date of
4428	4428	7 payment.
4429	4429	8 For purposes of calculating retirement annuities under
4430	4430	9 this Section, periods of service rendered after December 31,
4431	4431	10 1968 and before January 1, 1982 as a covered employee in the
4432	4432	11 position of investigator for the Department of Revenue shall
4433	4433	12 be deemed to have been service as a noncovered employee,
4434	4434	13 provided that the employee pays to the System prior to
4435	4435	14 retirement an amount equal to (1) the difference between the
4436	4436	15 employee contributions that would have been required for such
4437	4437	16 service as a noncovered employee, and the amount of employee
4438	4438	17 contributions actually paid, plus (2) if payment is made after
4439	4439	18 January 1, 1990, regular interest on the amount specified in
4440	4440	19 item (1) from the date of service to the date of payment.
4441	4441	20 (g) A State policeman may elect, not later than January 1,
4442	4442	21 1990, to establish eligible creditable service for up to 10
4443	4443	22 years of his service as a policeman under Article 3, by filing
4444	4444	23 a written election with the Board, accompanied by payment of
4445	4445	24 an amount to be determined by the Board, equal to (i) the
4446	4446	25 difference between the amount of employee and employer
4447	4447	26 contributions transferred to the System under Section 3-110.5,
4448	4448
4449	4449
4450	4450
4451	4451
4452	4452
4453	4453	HB2856 - 123 - LRB104 11075 RPS 21157 b
4454	4454
4455	4455
4456	4456	HB2856- 124 -LRB104 11075 RPS 21157 b HB2856 - 124 - LRB104 11075 RPS 21157 b
4457	4457	HB2856 - 124 - LRB104 11075 RPS 21157 b
4458	4458	1 and the amounts that would have been contributed had such
4459	4459	2 contributions been made at the rates applicable to State
4460	4460	3 policemen, plus (ii) interest thereon at the effective rate
4461	4461	4 for each year, compounded annually, from the date of service
4462	4462	5 to the date of payment.
4463	4463	6 Subject to the limitation in subsection (i), a State
4464	4464	7 policeman may elect, not later than July 1, 1993, to establish
4465	4465	8 eligible creditable service for up to 10 years of his service
4466	4466	9 as a member of the County Police Department under Article 9, by
4467	4467	10 filing a written election with the Board, accompanied by
4468	4468	11 payment of an amount to be determined by the Board, equal to
4469	4469	12 (i) the difference between the amount of employee and employer
4470	4470	13 contributions transferred to the System under Section 9-121.10
4471	4471	14 and the amounts that would have been contributed had those
4472	4472	15 contributions been made at the rates applicable to State
4473	4473	16 policemen, plus (ii) interest thereon at the effective rate
4474	4474	17 for each year, compounded annually, from the date of service
4475	4475	18 to the date of payment.
4476	4476	19 (h) Subject to the limitation in subsection (i), a State
4477	4477	20 policeman or investigator for the Secretary of State may elect
4478	4478	21 to establish eligible creditable service for up to 12 years of
4479	4479	22 his service as a policeman under Article 5, by filing a written
4480	4480	23 election with the Board on or before January 31, 1992, and
4481	4481	24 paying to the System by January 31, 1994 an amount to be
4482	4482	25 determined by the Board, equal to (i) the difference between
4483	4483	26 the amount of employee and employer contributions transferred
4484	4484
4485	4485
4486	4486
4487	4487
4488	4488
4489	4489	HB2856 - 124 - LRB104 11075 RPS 21157 b
4490	4490
4491	4491
4492	4492	HB2856- 125 -LRB104 11075 RPS 21157 b HB2856 - 125 - LRB104 11075 RPS 21157 b
4493	4493	HB2856 - 125 - LRB104 11075 RPS 21157 b
4494	4494	1 to the System under Section 5-236, and the amounts that would
4495	4495	2 have been contributed had such contributions been made at the
4496	4496	3 rates applicable to State policemen, plus (ii) interest
4497	4497	4 thereon at the effective rate for each year, compounded
4498	4498	5 annually, from the date of service to the date of payment.
4499	4499	6 Subject to the limitation in subsection (i), a State
4500	4500	7 policeman, conservation police officer, or investigator for
4501	4501	8 the Secretary of State may elect to establish eligible
4502	4502	9 creditable service for up to 10 years of service as a sheriff's
4503	4503	10 law enforcement employee under Article 7, by filing a written
4504	4504	11 election with the Board on or before January 31, 1993, and
4505	4505	12 paying to the System by January 31, 1994 an amount to be
4506	4506	13 determined by the Board, equal to (i) the difference between
4507	4507	14 the amount of employee and employer contributions transferred
4508	4508	15 to the System under Section 7-139.7, and the amounts that
4509	4509	16 would have been contributed had such contributions been made
4510	4510	17 at the rates applicable to State policemen, plus (ii) interest
4511	4511	18 thereon at the effective rate for each year, compounded
4512	4512	19 annually, from the date of service to the date of payment.
4513	4513	20 Subject to the limitation in subsection (i), a State
4514	4514	21 policeman, conservation police officer, or investigator for
4515	4515	22 the Secretary of State may elect to establish eligible
4516	4516	23 creditable service for up to 5 years of service as a police
4517	4517	24 officer under Article 3, a policeman under Article 5, a
4518	4518	25 sheriff's law enforcement employee under Article 7, a member
4519	4519	26 of the county police department under Article 9, or a police
4520	4520
4521	4521
4522	4522
4523	4523
4524	4524
4525	4525	HB2856 - 125 - LRB104 11075 RPS 21157 b
4526	4526
4527	4527
4528	4528	HB2856- 126 -LRB104 11075 RPS 21157 b HB2856 - 126 - LRB104 11075 RPS 21157 b
4529	4529	HB2856 - 126 - LRB104 11075 RPS 21157 b
4530	4530	1 officer under Article 15 by filing a written election with the
4531	4531	2 Board and paying to the System an amount to be determined by
4532	4532	3 the Board, equal to (i) the difference between the amount of
4533	4533	4 employee and employer contributions transferred to the System
4534	4534	5 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
4535	4535	6 and the amounts that would have been contributed had such
4536	4536	7 contributions been made at the rates applicable to State
4537	4537	8 policemen, plus (ii) interest thereon at the effective rate
4538	4538	9 for each year, compounded annually, from the date of service
4539	4539	10 to the date of payment.
4540	4540	11 Subject to the limitation in subsection (i), an
4541	4541	12 investigator for the Office of the Attorney General, or an
4542	4542	13 investigator for the Department of Revenue, may elect to
4543	4543	14 establish eligible creditable service for up to 5 years of
4544	4544	15 service as a police officer under Article 3, a policeman under
4545	4545	16 Article 5, a sheriff's law enforcement employee under Article
4546	4546	17 7, or a member of the county police department under Article 9
4547	4547	18 by filing a written election with the Board within 6 months
4548	4548	19 after August 25, 2009 (the effective date of Public Act
4549	4549	20 96-745) and paying to the System an amount to be determined by
4550	4550	21 the Board, equal to (i) the difference between the amount of
4551	4551	22 employee and employer contributions transferred to the System
4552	4552	23 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
4553	4553	24 amounts that would have been contributed had such
4554	4554	25 contributions been made at the rates applicable to State
4555	4555	26 policemen, plus (ii) interest thereon at the actuarially
4556	4556
4557	4557
4558	4558
4559	4559
4560	4560
4561	4561	HB2856 - 126 - LRB104 11075 RPS 21157 b
4562	4562
4563	4563
4564	4564	HB2856- 127 -LRB104 11075 RPS 21157 b HB2856 - 127 - LRB104 11075 RPS 21157 b
4565	4565	HB2856 - 127 - LRB104 11075 RPS 21157 b
4566	4566	1 assumed rate for each year, compounded annually, from the date
4567	4567	2 of service to the date of payment.
4568	4568	3 Subject to the limitation in subsection (i), a State
4569	4569	4 policeman, conservation police officer, investigator for the
4570	4570	5 Office of the Attorney General, an investigator for the
4571	4571	6 Department of Revenue, or investigator for the Secretary of
4572	4572	7 State may elect to establish eligible creditable service for
4573	4573	8 up to 5 years of service as a person employed by a
4574	4574	9 participating municipality to perform police duties, or law
4575	4575	10 enforcement officer employed on a full-time basis by a forest
4576	4576	11 preserve district under Article 7, a county corrections
4577	4577	12 officer, or a court services officer under Article 9, by
4578	4578	13 filing a written election with the Board within 6 months after
4579	4579	14 August 25, 2009 (the effective date of Public Act 96-745) and
4580	4580	15 paying to the System an amount to be determined by the Board,
4581	4581	16 equal to (i) the difference between the amount of employee and
4582	4582	17 employer contributions transferred to the System under
4583	4583	18 Sections 7-139.8 and 9-121.10 and the amounts that would have
4584	4584	19 been contributed had such contributions been made at the rates
4585	4585	20 applicable to State policemen, plus (ii) interest thereon at
4586	4586	21 the actuarially assumed rate for each year, compounded
4587	4587	22 annually, from the date of service to the date of payment.
4588	4588	23 Subject to the limitation in subsection (i), a State
4589	4589	24 policeman, arson investigator, or Commerce Commission police
4590	4590	25 officer may elect to establish eligible creditable service for
4591	4591	26 up to 5 years of service as a person employed by a
4592	4592
4593	4593
4594	4594
4595	4595
4596	4596
4597	4597	HB2856 - 127 - LRB104 11075 RPS 21157 b
4598	4598
4599	4599
4600	4600	HB2856- 128 -LRB104 11075 RPS 21157 b HB2856 - 128 - LRB104 11075 RPS 21157 b
4601	4601	HB2856 - 128 - LRB104 11075 RPS 21157 b
4602	4602	1 participating municipality to perform police duties under
4603	4603	2 Article 7, a county corrections officer, a court services
4604	4604	3 officer under Article 9, or a firefighter under Article 4 by
4605	4605	4 filing a written election with the Board within 6 months after
4606	4606	5 July 30, 2021 (the effective date of Public Act 102-210) and
4607	4607	6 paying to the System an amount to be determined by the Board
4608	4608	7 equal to (i) the difference between the amount of employee and
4609	4609	8 employer contributions transferred to the System under
4610	4610	9 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
4611	4611	10 would have been contributed had such contributions been made
4612	4612	11 at the rates applicable to State policemen, plus (ii) interest
4613	4613	12 thereon at the actuarially assumed rate for each year,
4614	4614	13 compounded annually, from the date of service to the date of
4615	4615	14 payment.
4616	4616	15 Subject to the limitation in subsection (i), a
4617	4617	16 conservation police officer may elect to establish eligible
4618	4618	17 creditable service for up to 5 years of service as a person
4619	4619	18 employed by a participating municipality to perform police
4620	4620	19 duties under Article 7, a county corrections officer, or a
4621	4621	20 court services officer under Article 9 by filing a written
4622	4622	21 election with the Board within 6 months after July 30, 2021
4623	4623	22 (the effective date of Public Act 102-210) and paying to the
4624	4624	23 System an amount to be determined by the Board equal to (i) the
4625	4625	24 difference between the amount of employee and employer
4626	4626	25 contributions transferred to the System under Sections 7-139.8
4627	4627	26 and 9-121.10 and the amounts that would have been contributed
4628	4628
4629	4629
4630	4630
4631	4631
4632	4632
4633	4633	HB2856 - 128 - LRB104 11075 RPS 21157 b
4634	4634
4635	4635
4636	4636	HB2856- 129 -LRB104 11075 RPS 21157 b HB2856 - 129 - LRB104 11075 RPS 21157 b
4637	4637	HB2856 - 129 - LRB104 11075 RPS 21157 b
4638	4638	1 had such contributions been made at the rates applicable to
4639	4639	2 State policemen, plus (ii) interest thereon at the actuarially
4640	4640	3 assumed rate for each year, compounded annually, from the date
4641	4641	4 of service to the date of payment.
4642	4642	5 Notwithstanding the limitation in subsection (i), a State
4643	4643	6 policeman or conservation police officer may elect to convert
4644	4644	7 service credit earned under this Article to eligible
4645	4645	8 creditable service, as defined by this Section, by filing a
4646	4646	9 written election with the board within 6 months after July 30,
4647	4647	10 2021 (the effective date of Public Act 102-210) and paying to
4648	4648	11 the System an amount to be determined by the Board equal to (i)
4649	4649	12 the difference between the amount of employee contributions
4650	4650	13 originally paid for that service and the amounts that would
4651	4651	14 have been contributed had such contributions been made at the
4652	4652	15 rates applicable to State policemen, plus (ii) the difference
4653	4653	16 between the employer's normal cost of the credit prior to the
4654	4654	17 conversion authorized by Public Act 102-210 and the employer's
4655	4655	18 normal cost of the credit converted in accordance with Public
4656	4656	19 Act 102-210, plus (iii) interest thereon at the actuarially
4657	4657	20 assumed rate for each year, compounded annually, from the date
4658	4658	21 of service to the date of payment.
4659	4659	22 (i) The total amount of eligible creditable service
4660	4660	23 established by any person under subsections (g), (h), (j),
4661	4661	24 (k), (l), (l-5), (o), and (p) of this Section shall not exceed
4662	4662	25 12 years.
4663	4663	26 (j) Subject to the limitation in subsection (i), an
4664	4664
4665	4665
4666	4666
4667	4667
4668	4668
4669	4669	HB2856 - 129 - LRB104 11075 RPS 21157 b
4670	4670
4671	4671
4672	4672	HB2856- 130 -LRB104 11075 RPS 21157 b HB2856 - 130 - LRB104 11075 RPS 21157 b
4673	4673	HB2856 - 130 - LRB104 11075 RPS 21157 b
4674	4674	1 investigator for the Office of the State's Attorneys Appellate
4675	4675	2 Prosecutor or a controlled substance inspector may elect to
4676	4676	3 establish eligible creditable service for up to 10 years of
4677	4677	4 his service as a policeman under Article 3 or a sheriff's law
4678	4678	5 enforcement employee under Article 7, by filing a written
4679	4679	6 election with the Board, accompanied by payment of an amount
4680	4680	7 to be determined by the Board, equal to (1) the difference
4681	4681	8 between the amount of employee and employer contributions
4682	4682	9 transferred to the System under Section 3-110.6 or 7-139.8,
4683	4683	10 and the amounts that would have been contributed had such
4684	4684	11 contributions been made at the rates applicable to State
4685	4685	12 policemen, plus (2) interest thereon at the effective rate for
4686	4686	13 each year, compounded annually, from the date of service to
4687	4687	14 the date of payment.
4688	4688	15 (k) Subject to the limitation in subsection (i) of this
4689	4689	16 Section, an alternative formula employee may elect to
4690	4690	17 establish eligible creditable service for periods spent as a
4691	4691	18 full-time law enforcement officer or full-time corrections
4692	4692	19 officer employed by the federal government or by a state or
4693	4693	20 local government located outside of Illinois, for which credit
4694	4694	21 is not held in any other public employee pension fund or
4695	4695	22 retirement system. To obtain this credit, the applicant must
4696	4696	23 file a written application with the Board by March 31, 1998,
4697	4697	24 accompanied by evidence of eligibility acceptable to the Board
4698	4698	25 and payment of an amount to be determined by the Board, equal
4699	4699	26 to (1) employee contributions for the credit being
4700	4700
4701	4701
4702	4702
4703	4703
4704	4704
4705	4705	HB2856 - 130 - LRB104 11075 RPS 21157 b
4706	4706
4707	4707
4708	4708	HB2856- 131 -LRB104 11075 RPS 21157 b HB2856 - 131 - LRB104 11075 RPS 21157 b
4709	4709	HB2856 - 131 - LRB104 11075 RPS 21157 b
4710	4710	1 established, based upon the applicant's salary on the first
4711	4711	2 day as an alternative formula employee after the employment
4712	4712	3 for which credit is being established and the rates then
4713	4713	4 applicable to alternative formula employees, plus (2) an
4714	4714	5 amount determined by the Board to be the employer's normal
4715	4715	6 cost of the benefits accrued for the credit being established,
4716	4716	7 plus (3) regular interest on the amounts in items (1) and (2)
4717	4717	8 from the first day as an alternative formula employee after
4718	4718	9 the employment for which credit is being established to the
4719	4719	10 date of payment.
4720	4720	11 (l) Subject to the limitation in subsection (i), a
4721	4721	12 security employee of the Department of Corrections may elect,
4722	4722	13 not later than July 1, 1998, to establish eligible creditable
4723	4723	14 service for up to 10 years of his or her service as a policeman
4724	4724	15 under Article 3, by filing a written election with the Board,
4725	4725	16 accompanied by payment of an amount to be determined by the
4726	4726	17 Board, equal to (i) the difference between the amount of
4727	4727	18 employee and employer contributions transferred to the System
4728	4728	19 under Section 3-110.5, and the amounts that would have been
4729	4729	20 contributed had such contributions been made at the rates
4730	4730	21 applicable to security employees of the Department of
4731	4731	22 Corrections, plus (ii) interest thereon at the effective rate
4732	4732	23 for each year, compounded annually, from the date of service
4733	4733	24 to the date of payment.
4734	4734	25 (l-5) Subject to the limitation in subsection (i) of this
4735	4735	26 Section, a State policeman may elect to establish eligible
4736	4736
4737	4737
4738	4738
4739	4739
4740	4740
4741	4741	HB2856 - 131 - LRB104 11075 RPS 21157 b
4742	4742
4743	4743
4744	4744	HB2856- 132 -LRB104 11075 RPS 21157 b HB2856 - 132 - LRB104 11075 RPS 21157 b
4745	4745	HB2856 - 132 - LRB104 11075 RPS 21157 b
4746	4746	1 creditable service for up to 5 years of service as a full-time
4747	4747	2 law enforcement officer employed by the federal government or
4748	4748	3 by a state or local government located outside of Illinois for
4749	4749	4 which credit is not held in any other public employee pension
4750	4750	5 fund or retirement system. To obtain this credit, the
4751	4751	6 applicant must file a written application with the Board no
4752	4752	7 later than 3 years after January 1, 2020 (the effective date of
4753	4753	8 Public Act 101-610), accompanied by evidence of eligibility
4754	4754	9 acceptable to the Board and payment of an amount to be
4755	4755	10 determined by the Board, equal to (1) employee contributions
4756	4756	11 for the credit being established, based upon the applicant's
4757	4757	12 salary on the first day as an alternative formula employee
4758	4758	13 after the employment for which credit is being established and
4759	4759	14 the rates then applicable to alternative formula employees,
4760	4760	15 plus (2) an amount determined by the Board to be the employer's
4761	4761	16 normal cost of the benefits accrued for the credit being
4762	4762	17 established, plus (3) regular interest on the amounts in items
4763	4763	18 (1) and (2) from the first day as an alternative formula
4764	4764	19 employee after the employment for which credit is being
4765	4765	20 established to the date of payment.
4766	4766	21 (m) The amendatory changes to this Section made by Public
4767	4767	22 Act 94-696 apply only to: (1) security employees of the
4768	4768	23 Department of Juvenile Justice employed by the Department of
4769	4769	24 Corrections before June 1, 2006 (the effective date of Public
4770	4770	25 Act 94-696) and transferred to the Department of Juvenile
4771	4771	26 Justice by Public Act 94-696; and (2) persons employed by the
4772	4772
4773	4773
4774	4774
4775	4775
4776	4776
4777	4777	HB2856 - 132 - LRB104 11075 RPS 21157 b
4778	4778
4779	4779
4780	4780	HB2856- 133 -LRB104 11075 RPS 21157 b HB2856 - 133 - LRB104 11075 RPS 21157 b
4781	4781	HB2856 - 133 - LRB104 11075 RPS 21157 b
4782	4782	1 Department of Juvenile Justice on or after June 1, 2006 (the
4783	4783	2 effective date of Public Act 94-696) who are required by
4784	4784	3 subsection (b) of Section 3-2.5-15 of the Unified Code of
4785	4785	4 Corrections to have any bachelor's or advanced degree from an
4786	4786	5 accredited college or university or, in the case of persons
4787	4787	6 who provide vocational training, who are required to have
4788	4788	7 adequate knowledge in the skill for which they are providing
4789	4789	8 the vocational training.
4790	4790	9 Beginning with the pay period that immediately follows the
4791	4791	10 effective date of this amendatory Act of the 104th General
4792	4792	11 Assembly, the bachelor's or advanced degree requirement of
4793	4793	12 subsection (b) of Section 3-2.5-15 of the Unified Code of
4794	4794	13 Corrections shall no longer determine the eligibility to earn
4795	4795	14 eligible creditable service for a person employed by the
4796	4796	15 Department of Juvenile Justice.
4797	4797	16 An employee may elect to convert into eligible creditable
4798	4798	17 service his or her creditable service earned with the
4799	4799	18 Department of Juvenile Justice while employed in a position
4800	4800	19 that required the employee to do any one or more of the
4801	4801	20 following: (1) participate or assist in the rehabilitative and
4802	4802	21 vocational training of delinquent youths; (2) supervise the
4803	4803	22 daily activities and assume direct and continuing
4804	4804	23 responsibility for the youth's security, welfare, and
4805	4805	24 development; or (3) participate in the personal rehabilitation
4806	4806	25 of delinquent youth by training, supervising, and assisting
4807	4807	26 lower-level personnel. To convert that creditable service to
4808	4808
4809	4809
4810	4810
4811	4811
4812	4812
4813	4813	HB2856 - 133 - LRB104 11075 RPS 21157 b
4814	4814
4815	4815
4816	4816	HB2856- 134 -LRB104 11075 RPS 21157 b HB2856 - 134 - LRB104 11075 RPS 21157 b
4817	4817	HB2856 - 134 - LRB104 11075 RPS 21157 b
4818	4818	1 eligible creditable service, the employee must pay to the
4819	4819	2 System the difference between the employee contributions
4820	4820	3 actually paid for that service and the amounts that would have
4821	4821	4 been contributed if the applicant were contributing at the
4822	4822	5 rate applicable to persons with the same Social Security
4823	4823	6 status earning eligible creditable service on the date of
4824	4824	7 application.
4825	4825	8 (n) A person employed in a position under subsection (b)
4826	4826	9 of this Section who has purchased service credit under
4827	4827	10 subsection (j) of Section 14-104 or subsection (b) of Section
4828	4828	11 14-105 in any other capacity under this Article may convert up
4829	4829	12 to 5 years of that service credit into service credit covered
4830	4830	13 under this Section by paying to the Fund an amount equal to (1)
4831	4831	14 the additional employee contribution required under Section
4832	4832	15 14-133, plus (2) the additional employer contribution required
4833	4833	16 under Section 14-131, plus (3) interest on items (1) and (2) at
4834	4834	17 the actuarially assumed rate from the date of the service to
4835	4835	18 the date of payment.
4836	4836	19 (o) Subject to the limitation in subsection (i), a
4837	4837	20 conservation police officer, investigator for the Secretary of
4838	4838	21 State, Commerce Commission police officer, investigator for
4839	4839	22 the Department of Revenue or the Illinois Gaming Board, or
4840	4840	23 arson investigator subject to subsection (g) of Section 1-160
4841	4841	24 may elect to convert up to 8 years of service credit
4842	4842	25 established before January 1, 2020 (the effective date of
4843	4843	26 Public Act 101-610) as a conservation police officer,
4844	4844
4845	4845
4846	4846
4847	4847
4848	4848
4849	4849	HB2856 - 134 - LRB104 11075 RPS 21157 b
4850	4850
4851	4851
4852	4852	HB2856- 135 -LRB104 11075 RPS 21157 b HB2856 - 135 - LRB104 11075 RPS 21157 b
4853	4853	HB2856 - 135 - LRB104 11075 RPS 21157 b
4854	4854	1 investigator for the Secretary of State, Commerce Commission
4855	4855	2 police officer, investigator for the Department of Revenue or
4856	4856	3 the Illinois Gaming Board, or arson investigator under this
4857	4857	4 Article into eligible creditable service by filing a written
4858	4858	5 election with the Board no later than one year after January 1,
4859	4859	6 2020 (the effective date of Public Act 101-610), accompanied
4860	4860	7 by payment of an amount to be determined by the Board equal to
4861	4861	8 (i) the difference between the amount of the employee
4862	4862	9 contributions actually paid for that service and the amount of
4863	4863	10 the employee contributions that would have been paid had the
4864	4864	11 employee contributions been made as a noncovered employee
4865	4865	12 serving in a position in which eligible creditable service, as
4866	4866	13 defined in this Section, may be earned, plus (ii) interest
4867	4867	14 thereon at the effective rate for each year, compounded
4868	4868	15 annually, from the date of service to the date of payment.
4869	4869	16 (p) Subject to the limitation in subsection (i), an
4870	4870	17 investigator for the Office of the Attorney General subject to
4871	4871	18 subsection (g) of Section 1-160 may elect to convert up to 8
4872	4872	19 years of service credit established before the effective date
4873	4873	20 of this amendatory Act of the 102nd General Assembly as an
4874	4874	21 investigator for the Office of the Attorney General under this
4875	4875	22 Article into eligible creditable service by filing a written
4876	4876	23 election with the Board no later than one year after the
4877	4877	24 effective date of this amendatory Act of the 102nd General
4878	4878	25 Assembly, accompanied by payment of an amount to be determined
4879	4879	26 by the Board equal to (i) the difference between the amount of
4880	4880
4881	4881
4882	4882
4883	4883
4884	4884
4885	4885	HB2856 - 135 - LRB104 11075 RPS 21157 b
4886	4886
4887	4887
4888	4888	HB2856- 136 -LRB104 11075 RPS 21157 b HB2856 - 136 - LRB104 11075 RPS 21157 b
4889	4889	HB2856 - 136 - LRB104 11075 RPS 21157 b
4890	4890	1 the employee contributions actually paid for that service and
4891	4891	2 the amount of the employee contributions that would have been
4892	4892	3 paid had the employee contributions been made as a noncovered
4893	4893	4 employee serving in a position in which eligible creditable
4894	4894	5 service, as defined in this Section, may be earned, plus (ii)
4895	4895	6 interest thereon at the effective rate for each year,
4896	4896	7 compounded annually, from the date of service to the date of
4897	4897	8 payment.
4898	4898	9 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
4899	4899	10 102-956, eff. 5-27-22; 103-34, eff. 1-1-24.)
4900	4900	11 (40 ILCS 5/14-152.1)
4901	4901	12 Sec. 14-152.1. Application and expiration of new benefit
4902	4902	13 increases.
4903	4903	14 (a) As used in this Section, "new benefit increase" means
4904	4904	15 an increase in the amount of any benefit provided under this
4905	4905	16 Article, or an expansion of the conditions of eligibility for
4906	4906	17 any benefit under this Article, that results from an amendment
4907	4907	18 to this Code that takes effect after June 1, 2005 (the
4908	4908	19 effective date of Public Act 94-4). "New benefit increase",
4909	4909	20 however, does not include any benefit increase resulting from
4910	4910	21 the changes made to Article 1 or this Article by Public Act
4911	4911	22 96-37, Public Act 100-23, Public Act 100-587, Public Act
4912	4912	23 100-611, Public Act 101-10, Public Act 101-610, Public Act
4913	4913	24 102-210, Public Act 102-856, Public Act 102-956, or this
4914	4914	25 amendatory Act of the 104th General Assembly this amendatory
4915	4915
4916	4916
4917	4917
4918	4918
4919	4919
4920	4920	HB2856 - 136 - LRB104 11075 RPS 21157 b
4921	4921
4922	4922
4923	4923	HB2856- 137 -LRB104 11075 RPS 21157 b HB2856 - 137 - LRB104 11075 RPS 21157 b
4924	4924	HB2856 - 137 - LRB104 11075 RPS 21157 b
4925	4925	1 Act of the 102nd General Assembly.
4926	4926	2 (b) Notwithstanding any other provision of this Code or
4927	4927	3 any subsequent amendment to this Code, every new benefit
4928	4928	4 increase is subject to this Section and shall be deemed to be
4929	4929	5 granted only in conformance with and contingent upon
4930	4930	6 compliance with the provisions of this Section.
4931	4931	7 (c) The Public Act enacting a new benefit increase must
4932	4932	8 identify and provide for payment to the System of additional
4933	4933	9 funding at least sufficient to fund the resulting annual
4934	4934	10 increase in cost to the System as it accrues.
4935	4935	11 Every new benefit increase is contingent upon the General
4936	4936	12 Assembly providing the additional funding required under this
4937	4937	13 subsection. The Commission on Government Forecasting and
4938	4938	14 Accountability shall analyze whether adequate additional
4939	4939	15 funding has been provided for the new benefit increase and
4940	4940	16 shall report its analysis to the Public Pension Division of
4941	4941	17 the Department of Insurance. A new benefit increase created by
4942	4942	18 a Public Act that does not include the additional funding
4943	4943	19 required under this subsection is null and void. If the Public
4944	4944	20 Pension Division determines that the additional funding
4945	4945	21 provided for a new benefit increase under this subsection is
4946	4946	22 or has become inadequate, it may so certify to the Governor and
4947	4947	23 the State Comptroller and, in the absence of corrective action
4948	4948	24 by the General Assembly, the new benefit increase shall expire
4949	4949	25 at the end of the fiscal year in which the certification is
4950	4950	26 made.
4951	4951
4952	4952
4953	4953
4954	4954
4955	4955
4956	4956	HB2856 - 137 - LRB104 11075 RPS 21157 b
4957	4957
4958	4958
4959	4959	HB2856- 138 -LRB104 11075 RPS 21157 b HB2856 - 138 - LRB104 11075 RPS 21157 b
4960	4960	HB2856 - 138 - LRB104 11075 RPS 21157 b
4961	4961	1 (d) Every new benefit increase shall expire 5 years after
4962	4962	2 its effective date or on such earlier date as may be specified
4963	4963	3 in the language enacting the new benefit increase or provided
4964	4964	4 under subsection (c). This does not prevent the General
4965	4965	5 Assembly from extending or re-creating a new benefit increase
4966	4966	6 by law.
4967	4967	7 (e) Except as otherwise provided in the language creating
4968	4968	8 the new benefit increase, a new benefit increase that expires
4969	4969	9 under this Section continues to apply to persons who applied
4970	4970	10 and qualified for the affected benefit while the new benefit
4971	4971	11 increase was in effect and to the affected beneficiaries and
4972	4972	12 alternate payees of such persons, but does not apply to any
4973	4973	13 other person, including, without limitation, a person who
4974	4974	14 continues in service after the expiration date and did not
4975	4975	15 apply and qualify for the affected benefit while the new
4976	4976	16 benefit increase was in effect.
4977	4977	17 (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
4978	4978	18 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
4979	4979	19 1-1-23; 102-956, eff. 5-27-22.)
4980	4980	20 (40 ILCS 5/17-114) (from Ch. 108 1/2, par. 17-114)
4981	4981	21 Sec. 17-114. Computation of service.
4982	4982	22 (a) When computing days of validated service, contributors
4983	4983	23 shall receive the greater of: (1) one day of service credit for
4984	4984	24 each day for which they are paid salary representing a partial
4985	4985	25 or a full day of employment rendered to an Employer or the
4986	4986
4987	4987
4988	4988
4989	4989
4990	4990
4991	4991	HB2856 - 138 - LRB104 11075 RPS 21157 b
4992	4992
4993	4993
4994	4994	HB2856- 139 -LRB104 11075 RPS 21157 b HB2856 - 139 - LRB104 11075 RPS 21157 b
4995	4995	HB2856 - 139 - LRB104 11075 RPS 21157 b
4996	4996	1 Board; or (2) 10 days of service credit for each 10-day period
4997	4997	2 of employment in which the contributor worked 50% or more of
4998	4998	3 the regularly scheduled hours.
4999	4999	4 (b) When computing months of validated service, 17 or more
5000	5000	5 days of service rendered to an Employer or the Board in a
5001	5001	6 calendar month shall entitle a contributor to one month of
5002	5002	7 service credit for purposes of this Article.
5003	5003	8 (c) When computing years of validated service rendered,
5004	5004	9 170 or more days of service in a fiscal year or 10 or more
5005	5005	10 months of service in a fiscal year shall constitute one year of
5006	5006	11 service credit.
5007	5007	12 (d) Notwithstanding subsections (b) and (c) of this
5008	5008	13 Section, validated service in any fiscal year shall be that
5009	5009	14 fraction of a year equal to the ratio of the number of days of
5010	5010	15 service to 170 days.
5011	5011	16 (e) For purposes of this Section, no contributor shall
5012	5012	17 earn (i) more than one year of service credit per fiscal year,
5013	5013	18 (ii) more than one day of service credit per calendar day, or
5014	5014	19 (iii) more than 10 days of service credit in a 2 calendar week
5015	5015	20 period as determined by the Fund.
5016	5016	21 (Source: P.A. 99-176, eff. 7-29-15.)
5017	5017	22 Section 90. The State Mandates Act is amended by adding
5018	5018	23 Section 8.49 as follows:
5019	5019	24 (30 ILCS 805/8.49 new)
5020	5020
5021	5021
5022	5022
5023	5023
5024	5024
5025	5025	HB2856 - 139 - LRB104 11075 RPS 21157 b
5026	5026
5027	5027
5028	5028	HB2856- 140 -LRB104 11075 RPS 21157 b HB2856 - 140 - LRB104 11075 RPS 21157 b
5029	5029	HB2856 - 140 - LRB104 11075 RPS 21157 b
5030	5030	1 Sec. 8.49. Exempt mandate. Notwithstanding Sections 6 and
5031	5031	2 8 of this Act, no reimbursement by the State is required for
5032	5032	3 the implementation of any mandate created by this amendatory
5033	5033	4 Act of the 104th General Assembly.
5034	5034	HB2856- 141 -LRB104 11075 RPS 21157 b 1 INDEX 2 Statutes amended in order of appearance HB2856- 141 -LRB104 11075 RPS 21157 b HB2856 - 141 - LRB104 11075 RPS 21157 b 1 INDEX 2 Statutes amended in order of appearance
5035	5035	HB2856- 141 -LRB104 11075 RPS 21157 b HB2856 - 141 - LRB104 11075 RPS 21157 b
5036	5036	HB2856 - 141 - LRB104 11075 RPS 21157 b
5037	5037	1 INDEX
5038	5038	2 Statutes amended in order of appearance
5039	5039
5040	5040
5041	5041
5042	5042
5043	5043
5044	5044	HB2856 - 140 - LRB104 11075 RPS 21157 b
5045	5045
5046	5046
5047	5047
5048	5048	HB2856- 141 -LRB104 11075 RPS 21157 b HB2856 - 141 - LRB104 11075 RPS 21157 b
5049	5049	HB2856 - 141 - LRB104 11075 RPS 21157 b
5050	5050	1 INDEX
5051	5051	2 Statutes amended in order of appearance
5052	5052
5053	5053
5054	5054
5055	5055
5056	5056
5057	5057	HB2856 - 141 - LRB104 11075 RPS 21157 b