Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1462 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1462 Introduced 1/31/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 ILCS 5/3-110.1040 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.840 ILCS 5/7-139.1440 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.130 ILCS 805/8.49 new Amends the Illinois Pension Code. In provisions authorizing certain persons to transfer service credit from IMRF to a downstate police pension fund, makes technical and combining changes to conform the changes made by Public Act 102-857 and Public Act 102-1061. Removes a restrictive date on the transfer of that service credit. Authorizes investigators for the Secretary of State and conservation police officers to transfer that service credit. Authorizes State's Attorneys to transfer service credit under the IMRF Article to the State Employee Article. In the State Employee Article, provides that a State policeman or conservation police officer may elect to convert service credit earned under the Article or, for certain types of service, elect to establish eligible creditable service under the alternative retirement annuity provisions by filing a written election with the Board of Trustees and paying to the System a specified amount. Provides that a participant under the alternative retirement annuity provisions may establish eligible creditable service for up to 7 years of service as a State's Attorney. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB104 07532 RPS 17576 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1462 Introduced 1/31/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 ILCS 5/3-110.1040 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.840 ILCS 5/7-139.1440 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.130 ILCS 805/8.49 new 40 ILCS 5/3-110.10 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8 40 ILCS 5/7-139.14 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 30 ILCS 805/8.49 new Amends the Illinois Pension Code. In provisions authorizing certain persons to transfer service credit from IMRF to a downstate police pension fund, makes technical and combining changes to conform the changes made by Public Act 102-857 and Public Act 102-1061. Removes a restrictive date on the transfer of that service credit. Authorizes investigators for the Secretary of State and conservation police officers to transfer that service credit. Authorizes State's Attorneys to transfer service credit under the IMRF Article to the State Employee Article. In the State Employee Article, provides that a State policeman or conservation police officer may elect to convert service credit earned under the Article or, for certain types of service, elect to establish eligible creditable service under the alternative retirement annuity provisions by filing a written election with the Board of Trustees and paying to the System a specified amount. Provides that a participant under the alternative retirement annuity provisions may establish eligible creditable service for up to 7 years of service as a State's Attorney. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB104 07532 RPS 17576 b LRB104 07532 RPS 17576 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1462 Introduced 1/31/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
33 40 ILCS 5/3-110.1040 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.840 ILCS 5/7-139.1440 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.130 ILCS 805/8.49 new 40 ILCS 5/3-110.10 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8 40 ILCS 5/7-139.14 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 30 ILCS 805/8.49 new
44 40 ILCS 5/3-110.10
55 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8
66 40 ILCS 5/7-139.14
77 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
88 40 ILCS 5/14-152.1
99 30 ILCS 805/8.49 new
1010 Amends the Illinois Pension Code. In provisions authorizing certain persons to transfer service credit from IMRF to a downstate police pension fund, makes technical and combining changes to conform the changes made by Public Act 102-857 and Public Act 102-1061. Removes a restrictive date on the transfer of that service credit. Authorizes investigators for the Secretary of State and conservation police officers to transfer that service credit. Authorizes State's Attorneys to transfer service credit under the IMRF Article to the State Employee Article. In the State Employee Article, provides that a State policeman or conservation police officer may elect to convert service credit earned under the Article or, for certain types of service, elect to establish eligible creditable service under the alternative retirement annuity provisions by filing a written election with the Board of Trustees and paying to the System a specified amount. Provides that a participant under the alternative retirement annuity provisions may establish eligible creditable service for up to 7 years of service as a State's Attorney. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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1616 SB1462LRB104 07532 RPS 17576 b SB1462 LRB104 07532 RPS 17576 b
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1818 1 AN ACT concerning public employee benefits.
1919 2 Be it enacted by the People of the State of Illinois,
2020 3 represented in the General Assembly:
2121 4 Section 5. The Illinois Pension Code is amended by
2222 5 changing Sections 3-110.10, 7-139.8, 7-139.14, 14-110, and
2323 6 14-152.1 as follows:
2424 7 (40 ILCS 5/3-110.10)
2525 8 (Text of Section from P.A. 102-857)
2626 9 Sec. 3-110.10. Transfer from Article 7. Until January 1,
2727 10 2009, a person may transfer to a fund established under this
2828 11 Article up to 8 years of creditable service accumulated under
2929 12 Article 7 of this Code upon payment to the fund of an amount to
3030 13 be determined by the board, equal to (i) the difference
3131 14 between the amount of employee and employer contributions
3232 15 transferred to the fund under Section 7-139.11 and the amounts
3333 16 that would have been contributed had such contributions been
3434 17 made at the rates applicable to an employee under this
3535 18 Article, plus (ii) interest thereon at the actuarially assumed
3636 19 rate, compounded annually, from the date of service to the
3737 20 date of payment.
3838 21 A No later than 6 months after July 23, 2021 (the effective
3939 22 date of Public Act 102-113), a person may transfer to a fund
4040 23 established under this Article creditable service accumulated
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4444 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1462 Introduced 1/31/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
4545 40 ILCS 5/3-110.1040 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.840 ILCS 5/7-139.1440 ILCS 5/14-110 from Ch. 108 1/2, par. 14-11040 ILCS 5/14-152.130 ILCS 805/8.49 new 40 ILCS 5/3-110.10 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8 40 ILCS 5/7-139.14 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110 40 ILCS 5/14-152.1 30 ILCS 805/8.49 new
4646 40 ILCS 5/3-110.10
4747 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8
4848 40 ILCS 5/7-139.14
4949 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
5050 40 ILCS 5/14-152.1
5151 30 ILCS 805/8.49 new
5252 Amends the Illinois Pension Code. In provisions authorizing certain persons to transfer service credit from IMRF to a downstate police pension fund, makes technical and combining changes to conform the changes made by Public Act 102-857 and Public Act 102-1061. Removes a restrictive date on the transfer of that service credit. Authorizes investigators for the Secretary of State and conservation police officers to transfer that service credit. Authorizes State's Attorneys to transfer service credit under the IMRF Article to the State Employee Article. In the State Employee Article, provides that a State policeman or conservation police officer may elect to convert service credit earned under the Article or, for certain types of service, elect to establish eligible creditable service under the alternative retirement annuity provisions by filing a written election with the Board of Trustees and paying to the System a specified amount. Provides that a participant under the alternative retirement annuity provisions may establish eligible creditable service for up to 7 years of service as a State's Attorney. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
5353 LRB104 07532 RPS 17576 b LRB104 07532 RPS 17576 b
5454 LRB104 07532 RPS 17576 b
5555 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
5656 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
5757 A BILL FOR
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6363 40 ILCS 5/3-110.10
6464 40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8
6565 40 ILCS 5/7-139.14
6666 40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
6767 40 ILCS 5/14-152.1
6868 30 ILCS 805/8.49 new
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9191 1 under Article 7 of this Code for service as a sheriff's law
9292 2 enforcement employee, county correctional officer, person
9393 3 employed by a participating municipality to perform police
9494 4 duties, or law enforcement officer employed on a full-time
9595 5 basis by a forest preserve district, person employed by a
9696 6 participating municipality or instrumentality to perform
9797 7 administrative duties related to law enforcement, investigator
9898 8 for the Secretary of State, or conservation police officer
9999 9 upon payment to the fund of an amount to be determined by the
100100 10 board, equal to (i) the difference between the amount of
101101 11 employee and employer contributions transferred to the fund
102102 12 under Section 7-139.14 and the amounts that would have been
103103 13 contributed had such contributions been made at the rates
104104 14 applicable to an employee under this Article, plus (ii)
105105 15 interest thereon at the actuarially assumed rate, compounded
106106 16 annually, from the date of service to the date of payment.
107107 17 No later than 6 months after the effective date of this
108108 18 amendatory Act of the 102nd General Assembly, a person may
109109 19 transfer to a fund established under this Article creditable
110110 20 service accumulated under Article 7 of this Code for service
111111 21 as a county correctional officer or as a person employed by a
112112 22 participating municipality to perform administrative duties
113113 23 related to law enforcement upon payment to the fund of an
114114 24 amount to be determined by the board, equal to (i) the
115115 25 difference between the amount of employee and employer
116116 26 contributions transferred to the fund under Section 7-139.14
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127127 1 and the amounts that would have been contributed had such
128128 2 contributions been made at the rates applicable to an employee
129129 3 under this Article, plus (ii) interest thereon at the
130130 4 actuarially assumed rate, compounded annually, from the date
131131 5 of service to the date of payment.
132132 6 (Source: P.A. 102-113, eff. 7-23-21; 102-857, eff. 5-13-22.)
133133 7 (Text of Section from P.A. 102-1061)
134134 8 Sec. 3-110.10. Transfer from Article 7. Until January 1,
135135 9 2009, a person may transfer to a fund established under this
136136 10 Article up to 8 years of creditable service accumulated under
137137 11 Article 7 of this Code upon payment to the fund of an amount to
138138 12 be determined by the board, equal to (i) the difference
139139 13 between the amount of employee and employer contributions
140140 14 transferred to the fund under Section 7-139.11 and the amounts
141141 15 that would have been contributed had such contributions been
142142 16 made at the rates applicable to an employee under this
143143 17 Article, plus (ii) interest thereon at the actuarially assumed
144144 18 rate, compounded annually, from the date of service to the
145145 19 date of payment.
146146 20 A No later than September 30, 2023, a person may transfer
147147 21 to a fund established under this Article creditable service
148148 22 accumulated under Article 7 of this Code for service as a
149149 23 sheriff's law enforcement employee, county correctional
150150 24 officer, person employed by a participating municipality to
151151 25 perform police duties, law enforcement officer employed on a
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162162 1 full-time basis by a forest preserve district, or person
163163 2 employed by a participating municipality or instrumentality to
164164 3 perform administrative duties related to law enforcement,
165165 4 investigator for the Secretary of State, or conservation
166166 5 police officer upon payment to the fund of an amount to be
167167 6 determined by the board, equal to (i) the difference between
168168 7 the amount of employee and employer contributions transferred
169169 8 to the fund under Section 7-139.14 and the amounts that would
170170 9 have been contributed had such contributions been made at the
171171 10 rates applicable to an employee under this Article, plus (ii)
172172 11 interest thereon at the actuarially assumed rate, compounded
173173 12 annually, from the date of service to the date of payment.
174174 13 (Source: P.A. 102-113, eff. 7-23-21; 102-1061, eff. 1-1-23.)
175175 14 (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
176176 15 Sec. 7-139.8. Transfer to Article 14 System.
177177 16 (a) Any active member of the State Employees' Retirement
178178 17 System who is a State policeman, an investigator for the
179179 18 Secretary of State, a conservation police officer, an
180180 19 investigator for the Office of the Attorney General, an
181181 20 investigator for the Department of Revenue, an investigator
182182 21 for the Illinois Gaming Board, an arson investigator, a
183183 22 Commerce Commission police officer, an investigator for the
184184 23 Office of the State's Attorneys Appellate Prosecutor, or a
185185 24 controlled substance inspector may apply for transfer of some
186186 25 or all of his or her credits and creditable service
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197197 1 accumulated in this Fund for service as a sheriff's law
198198 2 enforcement employee, person employed by a participating
199199 3 municipality to perform police duties, or law enforcement
200200 4 officer employed on a full-time basis by a forest preserve
201201 5 district to the State Employees' Retirement System in
202202 6 accordance with Section 14-110. Any active member of the State
203203 7 Employees' Retirement System who is entitled to eligible
204204 8 creditable service under Section 14-110 may apply for transfer
205205 9 of up to 7 years of credits and creditable service accumulated
206206 10 in this Fund for service as a State's Attorney. The creditable
207207 11 service shall be transferred only upon payment by this Fund to
208208 12 the State Employees' Retirement System of an amount equal to:
209209 13 (1) the amounts accumulated to the credit of the
210210 14 applicant for the service to be transferred, including
211211 15 interest; and
212212 16 (2) municipality credits based on such service,
213213 17 including interest; and
214214 18 (3) any interest paid by the applicant to reinstate
215215 19 such service.
216216 20 Participation in this Fund as to any credits transferred under
217217 21 this Section shall terminate on the date of transfer.
218218 22 (b) Any person applying to transfer service under this
219219 23 Section may reinstate credits and creditable service
220220 24 terminated upon receipt of a separation benefit, by paying to
221221 25 the Fund the amount of the separation benefit plus interest
222222 26 thereon at the actuarially assumed rate of interest to the
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233233 1 date of payment.
234234 2 (Source: P.A. 102-210, eff. 7-30-21; 102-856, eff. 1-1-23.)
235235 3 (40 ILCS 5/7-139.14)
236236 4 (Text of Section from P.A. 102-857)
237237 5 Sec. 7-139.14. Transfer to Article 3 pension fund.
238238 6 (a) An Within 6 months after July 23, 2021 (the effective
239239 7 date of Public Act 102-113), an active member of a pension fund
240240 8 established under Article 3 of this Code may apply for
241241 9 transfer to that Article 3 pension fund of his or her credits
242242 10 and creditable service accumulated in this Fund for service as
243243 11 a sheriff's law enforcement employee, county correctional
244244 12 officer, person employed by a participating municipality to
245245 13 perform police duties, or law enforcement officer employed on
246246 14 a full-time basis by a forest preserve district, person
247247 15 employed by a participating municipality or instrumentality to
248248 16 perform administrative duties related to law enforcement,
249249 17 investigator for the Secretary of State, or conservation
250250 18 police officer. The creditable service shall be transferred
251251 19 only upon payment by this Fund to such Article 3 pension fund
252252 20 of an amount equal to:
253253 21 (1) the amounts accumulated to the credit of the
254254 22 applicant for the service to be transferred, including
255255 23 interest; and
256256 24 (2) an amount representing employer contributions,
257257 25 equal to the total amount determined under item (1); and
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268268 1 (3) any interest paid by the applicant to reinstate
269269 2 such service.
270270 3 Within 6 months after the effective date of this
271271 4 amendatory Act of the 102nd General Assembly, an active member
272272 5 of a pension fund established under Article 3 of this Code may
273273 6 apply for transfer to that Article 3 pension fund of his or her
274274 7 credits and creditable service accumulated in this Fund for
275275 8 service as a county correctional officer or as a person
276276 9 employed by a participating municipality to perform
277277 10 administrative duties related to law enforcement. The
278278 11 creditable service shall be transferred only upon payment by
279279 12 this Fund to such Article 3 pension fund of an amount equal to:
280280 13 (1) the amounts accumulated to the credit of the
281281 14 applicant for the service to be transferred, including
282282 15 interest; and
283283 16 (2) an amount representing employer contributions,
284284 17 equal to the total amount determined under item (1); and
285285 18 (3) any interest paid by the applicant to reinstate
286286 19 such service.
287287 20 Participation in this Fund as to any credits transferred
288288 21 under this Section shall terminate on the date of transfer.
289289 22 (b) Notwithstanding any other provision of this Code, any
290290 23 person applying to transfer service under this Section may
291291 24 reinstate credits and creditable service terminated upon
292292 25 receipt of a separation benefit by paying to the Fund the
293293 26 amount of the separation benefit plus interest thereon at the
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304304 1 actuarially assumed rate of interest to the date of payment.
305305 2 Such payment must be made within 90 days after notification by
306306 3 the Fund of the cost of such reinstatement.
307307 4 (Source: P.A. 102-113, eff. 7-23-21; 102-857, eff. 5-13-22.)
308308 5 (Text of Section from P.A. 102-1061)
309309 6 Sec. 7-139.14. Transfer to Article 3 pension fund.
310310 7 (a) An No later than June 30, 2023, an active member of a
311311 8 pension fund established under Article 3 of this Code may
312312 9 apply for transfer to that Article 3 pension fund of his or her
313313 10 credits and creditable service accumulated in this Fund for
314314 11 service as a sheriff's law enforcement employee, county
315315 12 correctional officer, person employed by a participating
316316 13 municipality to perform police duties, law enforcement officer
317317 14 employed on a full-time basis by a forest preserve district,
318318 15 or person employed by a participating municipality or
319319 16 instrumentality to perform administrative duties related to
320320 17 law enforcement, investigator for the Secretary of State, or
321321 18 conservation police officer. The creditable service shall be
322322 19 transferred only upon payment by this Fund to such Article 3
323323 20 pension fund of an amount equal to:
324324 21 (1) the amounts accumulated to the credit of the
325325 22 applicant for the service to be transferred, including
326326 23 interest; and
327327 24 (2) an amount representing employer contributions,
328328 25 equal to the total amount determined under item (1); and
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339339 1 (3) any interest paid by the applicant to reinstate
340340 2 such service.
341341 3 Participation in this Fund as to any credits transferred
342342 4 under this Section shall terminate on the date of transfer.
343343 5 (b) Notwithstanding any other provision of this Code, any
344344 6 person applying to transfer service under this Section may
345345 7 reinstate credits and creditable service terminated upon
346346 8 receipt of a separation benefit by paying to the Fund the
347347 9 amount of the separation benefit plus interest thereon at the
348348 10 actuarially assumed rate of interest to the date of payment.
349349 11 Such payment must be made within 90 60 days after notification
350350 12 by the Fund of the cost of such reinstatement.
351351 13 (Source: P.A. 102-113, eff. 7-23-21; 102-1061, eff. 1-1-23.)
352352 14 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
353353 15 (Text of Section from P.A. 102-813 and 103-34)
354354 16 Sec. 14-110. Alternative retirement annuity.
355355 17 (a) Any member who has withdrawn from service with not
356356 18 less than 20 years of eligible creditable service and has
357357 19 attained age 55, and any member who has withdrawn from service
358358 20 with not less than 25 years of eligible creditable service and
359359 21 has attained age 50, regardless of whether the attainment of
360360 22 either of the specified ages occurs while the member is still
361361 23 in service, shall be entitled to receive at the option of the
362362 24 member, in lieu of the regular or minimum retirement annuity,
363363 25 a retirement annuity computed as follows:
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374374 1 (i) for periods of service as a noncovered employee:
375375 2 if retirement occurs on or after January 1, 2001, 3% of
376376 3 final average compensation for each year of creditable
377377 4 service; if retirement occurs before January 1, 2001, 2
378378 5 1/4% of final average compensation for each of the first
379379 6 10 years of creditable service, 2 1/2% for each year above
380380 7 10 years to and including 20 years of creditable service,
381381 8 and 2 3/4% for each year of creditable service above 20
382382 9 years; and
383383 10 (ii) for periods of eligible creditable service as a
384384 11 covered employee: if retirement occurs on or after January
385385 12 1, 2001, 2.5% of final average compensation for each year
386386 13 of creditable service; if retirement occurs before January
387387 14 1, 2001, 1.67% of final average compensation for each of
388388 15 the first 10 years of such service, 1.90% for each of the
389389 16 next 10 years of such service, 2.10% for each year of such
390390 17 service in excess of 20 but not exceeding 30, and 2.30% for
391391 18 each year in excess of 30.
392392 19 Such annuity shall be subject to a maximum of 75% of final
393393 20 average compensation if retirement occurs before January 1,
394394 21 2001 or to a maximum of 80% of final average compensation if
395395 22 retirement occurs on or after January 1, 2001.
396396 23 These rates shall not be applicable to any service
397397 24 performed by a member as a covered employee which is not
398398 25 eligible creditable service. Service as a covered employee
399399 26 which is not eligible creditable service shall be subject to
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410410 1 the rates and provisions of Section 14-108.
411411 2 (b) For the purpose of this Section, "eligible creditable
412412 3 service" means creditable service resulting from service in
413413 4 one or more of the following positions:
414414 5 (1) State policeman;
415415 6 (2) fire fighter in the fire protection service of a
416416 7 department;
417417 8 (3) air pilot;
418418 9 (4) special agent;
419419 10 (5) investigator for the Secretary of State;
420420 11 (6) conservation police officer;
421421 12 (7) investigator for the Department of Revenue or the
422422 13 Illinois Gaming Board;
423423 14 (8) security employee of the Department of Human
424424 15 Services;
425425 16 (9) Central Management Services security police
426426 17 officer;
427427 18 (10) security employee of the Department of
428428 19 Corrections or the Department of Juvenile Justice;
429429 20 (11) dangerous drugs investigator;
430430 21 (12) investigator for the Illinois State Police;
431431 22 (13) investigator for the Office of the Attorney
432432 23 General;
433433 24 (14) controlled substance inspector;
434434 25 (15) investigator for the Office of the State's
435435 26 Attorneys Appellate Prosecutor;
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437437
438438
439439
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446446 1 (16) Commerce Commission police officer;
447447 2 (17) arson investigator;
448448 3 (18) State highway maintenance worker;
449449 4 (19) security employee of the Department of Innovation
450450 5 and Technology; or
451451 6 (20) transferred employee.
452452 7 A person employed in one of the positions specified in
453453 8 this subsection is entitled to eligible creditable service for
454454 9 service credit earned under this Article while undergoing the
455455 10 basic police training course approved by the Illinois Law
456456 11 Enforcement Training Standards Board, if completion of that
457457 12 training is required of persons serving in that position. For
458458 13 the purposes of this Code, service during the required basic
459459 14 police training course shall be deemed performance of the
460460 15 duties of the specified position, even though the person is
461461 16 not a sworn peace officer at the time of the training.
462462 17 A person under paragraph (20) is entitled to eligible
463463 18 creditable service for service credit earned under this
464464 19 Article on and after his or her transfer by Executive Order No.
465465 20 2003-10, Executive Order No. 2004-2, or Executive Order No.
466466 21 2016-1.
467467 22 (c) For the purposes of this Section:
468468 23 (1) The term "State policeman" includes any title or
469469 24 position in the Illinois State Police that is held by an
470470 25 individual employed under the Illinois State Police Act.
471471 26 (2) The term "fire fighter in the fire protection
472472
473473
474474
475475
476476
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479479
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481481 SB1462 - 13 - LRB104 07532 RPS 17576 b
482482 1 service of a department" includes all officers in such
483483 2 fire protection service including fire chiefs and
484484 3 assistant fire chiefs.
485485 4 (3) The term "air pilot" includes any employee whose
486486 5 official job description on file in the Department of
487487 6 Central Management Services, or in the department by which
488488 7 he is employed if that department is not covered by the
489489 8 Personnel Code, states that his principal duty is the
490490 9 operation of aircraft, and who possesses a pilot's
491491 10 license; however, the change in this definition made by
492492 11 Public Act 83-842 shall not operate to exclude any
493493 12 noncovered employee who was an "air pilot" for the
494494 13 purposes of this Section on January 1, 1984.
495495 14 (4) The term "special agent" means any person who by
496496 15 reason of employment by the Division of Narcotic Control,
497497 16 the Bureau of Investigation or, after July 1, 1977, the
498498 17 Division of Criminal Investigation, the Division of
499499 18 Internal Investigation, the Division of Operations, the
500500 19 Division of Patrol, or any other Division or
501501 20 organizational entity in the Illinois State Police is
502502 21 vested by law with duties to maintain public order,
503503 22 investigate violations of the criminal law of this State,
504504 23 enforce the laws of this State, make arrests and recover
505505 24 property. The term "special agent" includes any title or
506506 25 position in the Illinois State Police that is held by an
507507 26 individual employed under the Illinois State Police Act.
508508
509509
510510
511511
512512
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515515
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517517 SB1462 - 14 - LRB104 07532 RPS 17576 b
518518 1 (5) The term "investigator for the Secretary of State"
519519 2 means any person employed by the Office of the Secretary
520520 3 of State and vested with such investigative duties as
521521 4 render him ineligible for coverage under the Social
522522 5 Security Act by reason of Sections 218(d)(5)(A),
523523 6 218(d)(8)(D) and 218(l)(1) of that Act.
524524 7 A person who became employed as an investigator for
525525 8 the Secretary of State between January 1, 1967 and
526526 9 December 31, 1975, and who has served as such until
527527 10 attainment of age 60, either continuously or with a single
528528 11 break in service of not more than 3 years duration, which
529529 12 break terminated before January 1, 1976, shall be entitled
530530 13 to have his retirement annuity calculated in accordance
531531 14 with subsection (a), notwithstanding that he has less than
532532 15 20 years of credit for such service.
533533 16 (6) The term "Conservation Police Officer" means any
534534 17 person employed by the Division of Law Enforcement of the
535535 18 Department of Natural Resources and vested with such law
536536 19 enforcement duties as render him ineligible for coverage
537537 20 under the Social Security Act by reason of Sections
538538 21 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
539539 22 term "Conservation Police Officer" includes the positions
540540 23 of Chief Conservation Police Administrator and Assistant
541541 24 Conservation Police Administrator.
542542 25 (7) The term "investigator for the Department of
543543 26 Revenue" means any person employed by the Department of
544544
545545
546546
547547
548548
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550550
551551
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553553 SB1462 - 15 - LRB104 07532 RPS 17576 b
554554 1 Revenue and vested with such investigative duties as
555555 2 render him ineligible for coverage under the Social
556556 3 Security Act by reason of Sections 218(d)(5)(A),
557557 4 218(d)(8)(D) and 218(l)(1) of that Act.
558558 5 The term "investigator for the Illinois Gaming Board"
559559 6 means any person employed as such by the Illinois Gaming
560560 7 Board and vested with such peace officer duties as render
561561 8 the person ineligible for coverage under the Social
562562 9 Security Act by reason of Sections 218(d)(5)(A),
563563 10 218(d)(8)(D), and 218(l)(1) of that Act.
564564 11 (8) The term "security employee of the Department of
565565 12 Human Services" means any person employed by the
566566 13 Department of Human Services who (i) is employed at the
567567 14 Chester Mental Health Center and has daily contact with
568568 15 the residents thereof, (ii) is employed within a security
569569 16 unit at a facility operated by the Department and has
570570 17 daily contact with the residents of the security unit,
571571 18 (iii) is employed at a facility operated by the Department
572572 19 that includes a security unit and is regularly scheduled
573573 20 to work at least 50% of his or her working hours within
574574 21 that security unit, or (iv) is a mental health police
575575 22 officer. "Mental health police officer" means any person
576576 23 employed by the Department of Human Services in a position
577577 24 pertaining to the Department's mental health and
578578 25 developmental disabilities functions who is vested with
579579 26 such law enforcement duties as render the person
580580
581581
582582
583583
584584
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586586
587587
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590590 1 ineligible for coverage under the Social Security Act by
591591 2 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
592592 3 218(l)(1) of that Act. "Security unit" means that portion
593593 4 of a facility that is devoted to the care, containment,
594594 5 and treatment of persons committed to the Department of
595595 6 Human Services as sexually violent persons, persons unfit
596596 7 to stand trial, or persons not guilty by reason of
597597 8 insanity. With respect to past employment, references to
598598 9 the Department of Human Services include its predecessor,
599599 10 the Department of Mental Health and Developmental
600600 11 Disabilities.
601601 12 The changes made to this subdivision (c)(8) by Public
602602 13 Act 92-14 apply to persons who retire on or after January
603603 14 1, 2001, notwithstanding Section 1-103.1.
604604 15 (9) "Central Management Services security police
605605 16 officer" means any person employed by the Department of
606606 17 Central Management Services who is vested with such law
607607 18 enforcement duties as render him ineligible for coverage
608608 19 under the Social Security Act by reason of Sections
609609 20 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
610610 21 (10) For a member who first became an employee under
611611 22 this Article before July 1, 2005, the term "security
612612 23 employee of the Department of Corrections or the
613613 24 Department of Juvenile Justice" means any employee of the
614614 25 Department of Corrections or the Department of Juvenile
615615 26 Justice or the former Department of Personnel, and any
616616
617617
618618
619619
620620
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622622
623623
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625625 SB1462 - 17 - LRB104 07532 RPS 17576 b
626626 1 member or employee of the Prisoner Review Board, who has
627627 2 daily contact with inmates or youth by working within a
628628 3 correctional facility or Juvenile facility operated by the
629629 4 Department of Juvenile Justice or who is a parole officer
630630 5 or an employee who has direct contact with committed
631631 6 persons in the performance of his or her job duties. For a
632632 7 member who first becomes an employee under this Article on
633633 8 or after July 1, 2005, the term means an employee of the
634634 9 Department of Corrections or the Department of Juvenile
635635 10 Justice who is any of the following: (i) officially
636636 11 headquartered at a correctional facility or Juvenile
637637 12 facility operated by the Department of Juvenile Justice,
638638 13 (ii) a parole officer, (iii) a member of the apprehension
639639 14 unit, (iv) a member of the intelligence unit, (v) a member
640640 15 of the sort team, or (vi) an investigator.
641641 16 (11) The term "dangerous drugs investigator" means any
642642 17 person who is employed as such by the Department of Human
643643 18 Services.
644644 19 (12) The term "investigator for the Illinois State
645645 20 Police" means a person employed by the Illinois State
646646 21 Police who is vested under Section 4 of the Narcotic
647647 22 Control Division Abolition Act with such law enforcement
648648 23 powers as render him ineligible for coverage under the
649649 24 Social Security Act by reason of Sections 218(d)(5)(A),
650650 25 218(d)(8)(D) and 218(l)(1) of that Act.
651651 26 (13) "Investigator for the Office of the Attorney
652652
653653
654654
655655
656656
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659659
660660 SB1462- 18 -LRB104 07532 RPS 17576 b SB1462 - 18 - LRB104 07532 RPS 17576 b
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662662 1 General" means any person who is employed as such by the
663663 2 Office of the Attorney General and is vested with such
664664 3 investigative duties as render him ineligible for coverage
665665 4 under the Social Security Act by reason of Sections
666666 5 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
667667 6 the period before January 1, 1989, the term includes all
668668 7 persons who were employed as investigators by the Office
669669 8 of the Attorney General, without regard to social security
670670 9 status.
671671 10 (14) "Controlled substance inspector" means any person
672672 11 who is employed as such by the Department of Professional
673673 12 Regulation and is vested with such law enforcement duties
674674 13 as render him ineligible for coverage under the Social
675675 14 Security Act by reason of Sections 218(d)(5)(A),
676676 15 218(d)(8)(D) and 218(l)(1) of that Act. The term
677677 16 "controlled substance inspector" includes the Program
678678 17 Executive of Enforcement and the Assistant Program
679679 18 Executive of Enforcement.
680680 19 (15) The term "investigator for the Office of the
681681 20 State's Attorneys Appellate Prosecutor" means a person
682682 21 employed in that capacity on a full-time basis under the
683683 22 authority of Section 7.06 of the State's Attorneys
684684 23 Appellate Prosecutor's Act.
685685 24 (16) "Commerce Commission police officer" means any
686686 25 person employed by the Illinois Commerce Commission who is
687687 26 vested with such law enforcement duties as render him
688688
689689
690690
691691
692692
693693 SB1462 - 18 - LRB104 07532 RPS 17576 b
694694
695695
696696 SB1462- 19 -LRB104 07532 RPS 17576 b SB1462 - 19 - LRB104 07532 RPS 17576 b
697697 SB1462 - 19 - LRB104 07532 RPS 17576 b
698698 1 ineligible for coverage under the Social Security Act by
699699 2 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
700700 3 218(l)(1) of that Act.
701701 4 (17) "Arson investigator" means any person who is
702702 5 employed as such by the Office of the State Fire Marshal
703703 6 and is vested with such law enforcement duties as render
704704 7 the person ineligible for coverage under the Social
705705 8 Security Act by reason of Sections 218(d)(5)(A),
706706 9 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
707707 10 employed as an arson investigator on January 1, 1995 and
708708 11 is no longer in service but not yet receiving a retirement
709709 12 annuity may convert his or her creditable service for
710710 13 employment as an arson investigator into eligible
711711 14 creditable service by paying to the System the difference
712712 15 between the employee contributions actually paid for that
713713 16 service and the amounts that would have been contributed
714714 17 if the applicant were contributing at the rate applicable
715715 18 to persons with the same social security status earning
716716 19 eligible creditable service on the date of application.
717717 20 (18) The term "State highway maintenance worker" means
718718 21 a person who is either of the following:
719719 22 (i) A person employed on a full-time basis by the
720720 23 Illinois Department of Transportation in the position
721721 24 of highway maintainer, highway maintenance lead
722722 25 worker, highway maintenance lead/lead worker, heavy
723723 26 construction equipment operator, power shovel
724724
725725
726726
727727
728728
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730730
731731
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733733 SB1462 - 20 - LRB104 07532 RPS 17576 b
734734 1 operator, or bridge mechanic; and whose principal
735735 2 responsibility is to perform, on the roadway, the
736736 3 actual maintenance necessary to keep the highways that
737737 4 form a part of the State highway system in serviceable
738738 5 condition for vehicular traffic.
739739 6 (ii) A person employed on a full-time basis by the
740740 7 Illinois State Toll Highway Authority in the position
741741 8 of equipment operator/laborer H-4, equipment
742742 9 operator/laborer H-6, welder H-4, welder H-6,
743743 10 mechanical/electrical H-4, mechanical/electrical H-6,
744744 11 water/sewer H-4, water/sewer H-6, sign maker/hanger
745745 12 H-4, sign maker/hanger H-6, roadway lighting H-4,
746746 13 roadway lighting H-6, structural H-4, structural H-6,
747747 14 painter H-4, or painter H-6; and whose principal
748748 15 responsibility is to perform, on the roadway, the
749749 16 actual maintenance necessary to keep the Authority's
750750 17 tollways in serviceable condition for vehicular
751751 18 traffic.
752752 19 (19) The term "security employee of the Department of
753753 20 Innovation and Technology" means a person who was a
754754 21 security employee of the Department of Corrections or the
755755 22 Department of Juvenile Justice, was transferred to the
756756 23 Department of Innovation and Technology pursuant to
757757 24 Executive Order 2016-01, and continues to perform similar
758758 25 job functions under that Department.
759759 26 (20) "Transferred employee" means an employee who was
760760
761761
762762
763763
764764
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766766
767767
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769769 SB1462 - 21 - LRB104 07532 RPS 17576 b
770770 1 transferred to the Department of Central Management
771771 2 Services by Executive Order No. 2003-10 or Executive Order
772772 3 No. 2004-2 or transferred to the Department of Innovation
773773 4 and Technology by Executive Order No. 2016-1, or both, and
774774 5 was entitled to eligible creditable service for services
775775 6 immediately preceding the transfer.
776776 7 (21) "State's Attorney" means a person elected or
777777 8 appointed to serve as the State's Attorney of a county.
778778 9 "State's Attorney" does not include an assistant State's
779779 10 Attorney or a State's Attorney special investigator.
780780 11 (d) A security employee of the Department of Corrections
781781 12 or the Department of Juvenile Justice, a security employee of
782782 13 the Department of Human Services who is not a mental health
783783 14 police officer, and a security employee of the Department of
784784 15 Innovation and Technology shall not be eligible for the
785785 16 alternative retirement annuity provided by this Section unless
786786 17 he or she meets the following minimum age and service
787787 18 requirements at the time of retirement:
788788 19 (i) 25 years of eligible creditable service and age
789789 20 55; or
790790 21 (ii) beginning January 1, 1987, 25 years of eligible
791791 22 creditable service and age 54, or 24 years of eligible
792792 23 creditable service and age 55; or
793793 24 (iii) beginning January 1, 1988, 25 years of eligible
794794 25 creditable service and age 53, or 23 years of eligible
795795 26 creditable service and age 55; or
796796
797797
798798
799799
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803803
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806806 1 (iv) beginning January 1, 1989, 25 years of eligible
807807 2 creditable service and age 52, or 22 years of eligible
808808 3 creditable service and age 55; or
809809 4 (v) beginning January 1, 1990, 25 years of eligible
810810 5 creditable service and age 51, or 21 years of eligible
811811 6 creditable service and age 55; or
812812 7 (vi) beginning January 1, 1991, 25 years of eligible
813813 8 creditable service and age 50, or 20 years of eligible
814814 9 creditable service and age 55.
815815 10 Persons who have service credit under Article 16 of this
816816 11 Code for service as a security employee of the Department of
817817 12 Corrections or the Department of Juvenile Justice, or the
818818 13 Department of Human Services in a position requiring
819819 14 certification as a teacher may count such service toward
820820 15 establishing their eligibility under the service requirements
821821 16 of this Section; but such service may be used only for
822822 17 establishing such eligibility, and not for the purpose of
823823 18 increasing or calculating any benefit.
824824 19 (e) If a member enters military service while working in a
825825 20 position in which eligible creditable service may be earned,
826826 21 and returns to State service in the same or another such
827827 22 position, and fulfills in all other respects the conditions
828828 23 prescribed in this Article for credit for military service,
829829 24 such military service shall be credited as eligible creditable
830830 25 service for the purposes of the retirement annuity prescribed
831831 26 in this Section.
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833833
834834
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842842 1 (f) For purposes of calculating retirement annuities under
843843 2 this Section, periods of service rendered after December 31,
844844 3 1968 and before October 1, 1975 as a covered employee in the
845845 4 position of special agent, conservation police officer, mental
846846 5 health police officer, or investigator for the Secretary of
847847 6 State, shall be deemed to have been service as a noncovered
848848 7 employee, provided that the employee pays to the System prior
849849 8 to retirement an amount equal to (1) the difference between
850850 9 the employee contributions that would have been required for
851851 10 such service as a noncovered employee, and the amount of
852852 11 employee contributions actually paid, plus (2) if payment is
853853 12 made after July 31, 1987, regular interest on the amount
854854 13 specified in item (1) from the date of service to the date of
855855 14 payment.
856856 15 For purposes of calculating retirement annuities under
857857 16 this Section, periods of service rendered after December 31,
858858 17 1968 and before January 1, 1982 as a covered employee in the
859859 18 position of investigator for the Department of Revenue shall
860860 19 be deemed to have been service as a noncovered employee,
861861 20 provided that the employee pays to the System prior to
862862 21 retirement an amount equal to (1) the difference between the
863863 22 employee contributions that would have been required for such
864864 23 service as a noncovered employee, and the amount of employee
865865 24 contributions actually paid, plus (2) if payment is made after
866866 25 January 1, 1990, regular interest on the amount specified in
867867 26 item (1) from the date of service to the date of payment.
868868
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878878 1 (g) A State policeman may elect, not later than January 1,
879879 2 1990, to establish eligible creditable service for up to 10
880880 3 years of his service as a policeman under Article 3, by filing
881881 4 a written election with the Board, accompanied by payment of
882882 5 an amount to be determined by the Board, equal to (i) the
883883 6 difference between the amount of employee and employer
884884 7 contributions transferred to the System under Section 3-110.5,
885885 8 and the amounts that would have been contributed had such
886886 9 contributions been made at the rates applicable to State
887887 10 policemen, plus (ii) interest thereon at the effective rate
888888 11 for each year, compounded annually, from the date of service
889889 12 to the date of payment.
890890 13 Subject to the limitation in subsection (i), a State
891891 14 policeman may elect, not later than July 1, 1993, to establish
892892 15 eligible creditable service for up to 10 years of his service
893893 16 as a member of the County Police Department under Article 9, by
894894 17 filing a written election with the Board, accompanied by
895895 18 payment of an amount to be determined by the Board, equal to
896896 19 (i) the difference between the amount of employee and employer
897897 20 contributions transferred to the System under Section 9-121.10
898898 21 and the amounts that would have been contributed had those
899899 22 contributions been made at the rates applicable to State
900900 23 policemen, plus (ii) interest thereon at the effective rate
901901 24 for each year, compounded annually, from the date of service
902902 25 to the date of payment.
903903 26 (h) Subject to the limitation in subsection (i), a State
904904
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914914 1 policeman or investigator for the Secretary of State may elect
915915 2 to establish eligible creditable service for up to 12 years of
916916 3 his service as a policeman under Article 5, by filing a written
917917 4 election with the Board on or before January 31, 1992, and
918918 5 paying to the System by January 31, 1994 an amount to be
919919 6 determined by the Board, equal to (i) the difference between
920920 7 the amount of employee and employer contributions transferred
921921 8 to the System under Section 5-236, and the amounts that would
922922 9 have been contributed had such contributions been made at the
923923 10 rates applicable to State policemen, plus (ii) interest
924924 11 thereon at the effective rate for each year, compounded
925925 12 annually, from the date of service to the date of payment.
926926 13 Subject to the limitation in subsection (i), a State
927927 14 policeman, conservation police officer, or investigator for
928928 15 the Secretary of State may elect to establish eligible
929929 16 creditable service for up to 10 years of service as a sheriff's
930930 17 law enforcement employee under Article 7, by filing a written
931931 18 election with the Board on or before January 31, 1993, and
932932 19 paying to the System by January 31, 1994 an amount to be
933933 20 determined by the Board, equal to (i) the difference between
934934 21 the amount of employee and employer contributions transferred
935935 22 to the System under Section 7-139.7, and the amounts that
936936 23 would have been contributed had such contributions been made
937937 24 at the rates applicable to State policemen, plus (ii) interest
938938 25 thereon at the effective rate for each year, compounded
939939 26 annually, from the date of service to the date of payment.
940940
941941
942942
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950950 1 Subject to the limitation in subsection (i), a State
951951 2 policeman, conservation police officer, or investigator for
952952 3 the Secretary of State may elect to establish eligible
953953 4 creditable service for up to 5 years of service as a police
954954 5 officer under Article 3, a policeman under Article 5, a
955955 6 sheriff's law enforcement employee under Article 7, a member
956956 7 of the county police department under Article 9, or a police
957957 8 officer under Article 15 by filing a written election with the
958958 9 Board and paying to the System an amount to be determined by
959959 10 the Board, equal to (i) the difference between the amount of
960960 11 employee and employer contributions transferred to the System
961961 12 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
962962 13 and the amounts that would have been contributed had such
963963 14 contributions been made at the rates applicable to State
964964 15 policemen, plus (ii) interest thereon at the effective rate
965965 16 for each year, compounded annually, from the date of service
966966 17 to the date of payment.
967967 18 Subject to the limitation in subsection (i), an
968968 19 investigator for the Office of the Attorney General, or an
969969 20 investigator for the Department of Revenue, may elect to
970970 21 establish eligible creditable service for up to 5 years of
971971 22 service as a police officer under Article 3, a policeman under
972972 23 Article 5, a sheriff's law enforcement employee under Article
973973 24 7, or a member of the county police department under Article 9
974974 25 by filing a written election with the Board within 6 months
975975 26 after August 25, 2009 (the effective date of Public Act
976976
977977
978978
979979
980980
981981 SB1462 - 26 - LRB104 07532 RPS 17576 b
982982
983983
984984 SB1462- 27 -LRB104 07532 RPS 17576 b SB1462 - 27 - LRB104 07532 RPS 17576 b
985985 SB1462 - 27 - LRB104 07532 RPS 17576 b
986986 1 96-745) and paying to the System an amount to be determined by
987987 2 the Board, equal to (i) the difference between the amount of
988988 3 employee and employer contributions transferred to the System
989989 4 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
990990 5 amounts that would have been contributed had such
991991 6 contributions been made at the rates applicable to State
992992 7 policemen, plus (ii) interest thereon at the actuarially
993993 8 assumed rate for each year, compounded annually, from the date
994994 9 of service to the date of payment.
995995 10 Subject to the limitation in subsection (i), a State
996996 11 policeman, conservation police officer, investigator for the
997997 12 Office of the Attorney General, an investigator for the
998998 13 Department of Revenue, or investigator for the Secretary of
999999 14 State may elect to establish eligible creditable service for
10001000 15 up to 5 years of service as a person employed by a
10011001 16 participating municipality to perform police duties, or law
10021002 17 enforcement officer employed on a full-time basis by a forest
10031003 18 preserve district under Article 7, a county corrections
10041004 19 officer, or a court services officer under Article 9, by
10051005 20 filing a written election with the Board within 6 months after
10061006 21 August 25, 2009 (the effective date of Public Act 96-745) and
10071007 22 paying to the System an amount to be determined by the Board,
10081008 23 equal to (i) the difference between the amount of employee and
10091009 24 employer contributions transferred to the System under
10101010 25 Sections 7-139.8 and 9-121.10 and the amounts that would have
10111011 26 been contributed had such contributions been made at the rates
10121012
10131013
10141014
10151015
10161016
10171017 SB1462 - 27 - LRB104 07532 RPS 17576 b
10181018
10191019
10201020 SB1462- 28 -LRB104 07532 RPS 17576 b SB1462 - 28 - LRB104 07532 RPS 17576 b
10211021 SB1462 - 28 - LRB104 07532 RPS 17576 b
10221022 1 applicable to State policemen, plus (ii) interest thereon at
10231023 2 the actuarially assumed rate for each year, compounded
10241024 3 annually, from the date of service to the date of payment.
10251025 4 Subject to the limitation in subsection (i), a State
10261026 5 policeman, arson investigator, or Commerce Commission police
10271027 6 officer may elect to establish eligible creditable service for
10281028 7 up to 5 years of service as a person employed by a
10291029 8 participating municipality to perform police duties under
10301030 9 Article 7, a county corrections officer, a court services
10311031 10 officer under Article 9, or a firefighter under Article 4 by
10321032 11 filing a written election with the Board within 6 months after
10331033 12 July 30, 2021 (the effective date of Public Act 102-210) and
10341034 13 paying to the System an amount to be determined by the Board
10351035 14 equal to (i) the difference between the amount of employee and
10361036 15 employer contributions transferred to the System under
10371037 16 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
10381038 17 would have been contributed had such contributions been made
10391039 18 at the rates applicable to State policemen, plus (ii) interest
10401040 19 thereon at the actuarially assumed rate for each year,
10411041 20 compounded annually, from the date of service to the date of
10421042 21 payment.
10431043 22 Subject to the limitation in subsection (i), a
10441044 23 conservation police officer may elect to establish eligible
10451045 24 creditable service for up to 5 years of service as a person
10461046 25 employed by a participating municipality to perform police
10471047 26 duties under Article 7, a county corrections officer, or a
10481048
10491049
10501050
10511051
10521052
10531053 SB1462 - 28 - LRB104 07532 RPS 17576 b
10541054
10551055
10561056 SB1462- 29 -LRB104 07532 RPS 17576 b SB1462 - 29 - LRB104 07532 RPS 17576 b
10571057 SB1462 - 29 - LRB104 07532 RPS 17576 b
10581058 1 court services officer under Article 9 by filing a written
10591059 2 election with the Board within 6 months after July 30, 2021
10601060 3 (the effective date of Public Act 102-210) and paying to the
10611061 4 System an amount to be determined by the Board equal to (i) the
10621062 5 difference between the amount of employee and employer
10631063 6 contributions transferred to the System under Sections 7-139.8
10641064 7 and 9-121.10 and the amounts that would have been contributed
10651065 8 had such contributions been made at the rates applicable to
10661066 9 State policemen, plus (ii) interest thereon at the actuarially
10671067 10 assumed rate for each year, compounded annually, from the date
10681068 11 of service to the date of payment.
10691069 12 Notwithstanding the limitation in subsection (i), a State
10701070 13 policeman or conservation police officer may elect to convert
10711071 14 service credit earned under this Article to eligible
10721072 15 creditable service, as defined by this Section, by filing a
10731073 16 written election with the Board board within 6 months after
10741074 17 July 30, 2021 (the effective date of Public Act 102-210) and
10751075 18 paying to the System an amount to be determined by the Board
10761076 19 equal to (i) the difference between the amount of employee
10771077 20 contributions originally paid for that service and the amounts
10781078 21 that would have been contributed had such contributions been
10791079 22 made at the rates applicable to State policemen, plus (ii) the
10801080 23 difference between the employer's normal cost of the credit
10811081 24 prior to the conversion authorized by the amendatory Act of
10821082 25 the 104th General Assembly Public Act 102-210 and the
10831083 26 employer's normal cost of the credit converted in accordance
10841084
10851085
10861086
10871087
10881088
10891089 SB1462 - 29 - LRB104 07532 RPS 17576 b
10901090
10911091
10921092 SB1462- 30 -LRB104 07532 RPS 17576 b SB1462 - 30 - LRB104 07532 RPS 17576 b
10931093 SB1462 - 30 - LRB104 07532 RPS 17576 b
10941094 1 with this amendatory Act of the 104th General Assembly Public
10951095 2 Act 102-210, plus (iii) interest thereon at the actuarially
10961096 3 assumed rate for each year, compounded annually, from the date
10971097 4 of service to the date of payment.
10981098 5 (i) The total amount of eligible creditable service
10991099 6 established by any person under subsections (g), (h), (j),
11001100 7 (k), (l), (l-5), and (o), and (q) of this Section shall not
11011101 8 exceed 12 years.
11021102 9 (j) Subject to the limitation in subsection (i), an
11031103 10 investigator for the Office of the State's Attorneys Appellate
11041104 11 Prosecutor or a controlled substance inspector may elect to
11051105 12 establish eligible creditable service for up to 10 years of
11061106 13 his service as a policeman under Article 3 or a sheriff's law
11071107 14 enforcement employee under Article 7, by filing a written
11081108 15 election with the Board, accompanied by payment of an amount
11091109 16 to be determined by the Board, equal to (1) the difference
11101110 17 between the amount of employee and employer contributions
11111111 18 transferred to the System under Section 3-110.6 or 7-139.8,
11121112 19 and the amounts that would have been contributed had such
11131113 20 contributions been made at the rates applicable to State
11141114 21 policemen, plus (2) interest thereon at the effective rate for
11151115 22 each year, compounded annually, from the date of service to
11161116 23 the date of payment.
11171117 24 (k) Subject to the limitation in subsection (i) of this
11181118 25 Section, an alternative formula employee may elect to
11191119 26 establish eligible creditable service for periods spent as a
11201120
11211121
11221122
11231123
11241124
11251125 SB1462 - 30 - LRB104 07532 RPS 17576 b
11261126
11271127
11281128 SB1462- 31 -LRB104 07532 RPS 17576 b SB1462 - 31 - LRB104 07532 RPS 17576 b
11291129 SB1462 - 31 - LRB104 07532 RPS 17576 b
11301130 1 full-time law enforcement officer or full-time corrections
11311131 2 officer employed by the federal government or by a state or
11321132 3 local government located outside of Illinois, for which credit
11331133 4 is not held in any other public employee pension fund or
11341134 5 retirement system. To obtain this credit, the applicant must
11351135 6 file a written application with the Board by March 31, 1998,
11361136 7 accompanied by evidence of eligibility acceptable to the Board
11371137 8 and payment of an amount to be determined by the Board, equal
11381138 9 to (1) employee contributions for the credit being
11391139 10 established, based upon the applicant's salary on the first
11401140 11 day as an alternative formula employee after the employment
11411141 12 for which credit is being established and the rates then
11421142 13 applicable to alternative formula employees, plus (2) an
11431143 14 amount determined by the Board to be the employer's normal
11441144 15 cost of the benefits accrued for the credit being established,
11451145 16 plus (3) regular interest on the amounts in items (1) and (2)
11461146 17 from the first day as an alternative formula employee after
11471147 18 the employment for which credit is being established to the
11481148 19 date of payment.
11491149 20 (l) Subject to the limitation in subsection (i), a
11501150 21 security employee of the Department of Corrections may elect,
11511151 22 not later than July 1, 1998, to establish eligible creditable
11521152 23 service for up to 10 years of his or her service as a policeman
11531153 24 under Article 3, by filing a written election with the Board,
11541154 25 accompanied by payment of an amount to be determined by the
11551155 26 Board, equal to (i) the difference between the amount of
11561156
11571157
11581158
11591159
11601160
11611161 SB1462 - 31 - LRB104 07532 RPS 17576 b
11621162
11631163
11641164 SB1462- 32 -LRB104 07532 RPS 17576 b SB1462 - 32 - LRB104 07532 RPS 17576 b
11651165 SB1462 - 32 - LRB104 07532 RPS 17576 b
11661166 1 employee and employer contributions transferred to the System
11671167 2 under Section 3-110.5, and the amounts that would have been
11681168 3 contributed had such contributions been made at the rates
11691169 4 applicable to security employees of the Department of
11701170 5 Corrections, plus (ii) interest thereon at the effective rate
11711171 6 for each year, compounded annually, from the date of service
11721172 7 to the date of payment.
11731173 8 (l-5) Subject to the limitation in subsection (i) of this
11741174 9 Section, a State policeman may elect to establish eligible
11751175 10 creditable service for up to 5 years of service as a full-time
11761176 11 law enforcement officer employed by the federal government or
11771177 12 by a state or local government located outside of Illinois for
11781178 13 which credit is not held in any other public employee pension
11791179 14 fund or retirement system. To obtain this credit, the
11801180 15 applicant must file a written application with the Board no
11811181 16 later than 3 years after January 1, 2020 (the effective date of
11821182 17 Public Act 101-610), accompanied by evidence of eligibility
11831183 18 acceptable to the Board and payment of an amount to be
11841184 19 determined by the Board, equal to (1) employee contributions
11851185 20 for the credit being established, based upon the applicant's
11861186 21 salary on the first day as an alternative formula employee
11871187 22 after the employment for which credit is being established and
11881188 23 the rates then applicable to alternative formula employees,
11891189 24 plus (2) an amount determined by the Board to be the employer's
11901190 25 normal cost of the benefits accrued for the credit being
11911191 26 established, plus (3) regular interest on the amounts in items
11921192
11931193
11941194
11951195
11961196
11971197 SB1462 - 32 - LRB104 07532 RPS 17576 b
11981198
11991199
12001200 SB1462- 33 -LRB104 07532 RPS 17576 b SB1462 - 33 - LRB104 07532 RPS 17576 b
12011201 SB1462 - 33 - LRB104 07532 RPS 17576 b
12021202 1 (1) and (2) from the first day as an alternative formula
12031203 2 employee after the employment for which credit is being
12041204 3 established to the date of payment.
12051205 4 (m) The amendatory changes to this Section made by Public
12061206 5 Act 94-696 apply only to: (1) security employees of the
12071207 6 Department of Juvenile Justice employed by the Department of
12081208 7 Corrections before June 1, 2006 (the effective date of Public
12091209 8 Act 94-696) and transferred to the Department of Juvenile
12101210 9 Justice by Public Act 94-696; and (2) persons employed by the
12111211 10 Department of Juvenile Justice on or after June 1, 2006 (the
12121212 11 effective date of Public Act 94-696) who are required by
12131213 12 subsection (b) of Section 3-2.5-15 of the Unified Code of
12141214 13 Corrections to have any bachelor's or advanced degree from an
12151215 14 accredited college or university or, in the case of persons
12161216 15 who provide vocational training, who are required to have
12171217 16 adequate knowledge in the skill for which they are providing
12181218 17 the vocational training.
12191219 18 (n) A person employed in a position under subsection (b)
12201220 19 of this Section who has purchased service credit under
12211221 20 subsection (j) of Section 14-104 or subsection (b) of Section
12221222 21 14-105 in any other capacity under this Article may convert up
12231223 22 to 5 years of that service credit into service credit covered
12241224 23 under this Section by paying to the Fund an amount equal to (1)
12251225 24 the additional employee contribution required under Section
12261226 25 14-133, plus (2) the additional employer contribution required
12271227 26 under Section 14-131, plus (3) interest on items (1) and (2) at
12281228
12291229
12301230
12311231
12321232
12331233 SB1462 - 33 - LRB104 07532 RPS 17576 b
12341234
12351235
12361236 SB1462- 34 -LRB104 07532 RPS 17576 b SB1462 - 34 - LRB104 07532 RPS 17576 b
12371237 SB1462 - 34 - LRB104 07532 RPS 17576 b
12381238 1 the actuarially assumed rate from the date of the service to
12391239 2 the date of payment.
12401240 3 (o) Subject to the limitation in subsection (i), a
12411241 4 conservation police officer, investigator for the Secretary of
12421242 5 State, Commerce Commission police officer, investigator for
12431243 6 the Department of Revenue or the Illinois Gaming Board, or
12441244 7 arson investigator subject to subsection (g) of Section 1-160
12451245 8 may elect to convert up to 8 years of service credit
12461246 9 established before January 1, 2020 (the effective date of
12471247 10 Public Act 101-610) as a conservation police officer,
12481248 11 investigator for the Secretary of State, Commerce Commission
12491249 12 police officer, investigator for the Department of Revenue or
12501250 13 the Illinois Gaming Board, or arson investigator under this
12511251 14 Article into eligible creditable service by filing a written
12521252 15 election with the Board no later than one year after January 1,
12531253 16 2020 (the effective date of Public Act 101-610), accompanied
12541254 17 by payment of an amount to be determined by the Board equal to
12551255 18 (i) the difference between the amount of the employee
12561256 19 contributions actually paid for that service and the amount of
12571257 20 the employee contributions that would have been paid had the
12581258 21 employee contributions been made as a noncovered employee
12591259 22 serving in a position in which eligible creditable service, as
12601260 23 defined in this Section, may be earned, plus (ii) interest
12611261 24 thereon at the effective rate for each year, compounded
12621262 25 annually, from the date of service to the date of payment.
12631263 26 (q) Subject to the limitation in subsection (i) of this
12641264
12651265
12661266
12671267
12681268
12691269 SB1462 - 34 - LRB104 07532 RPS 17576 b
12701270
12711271
12721272 SB1462- 35 -LRB104 07532 RPS 17576 b SB1462 - 35 - LRB104 07532 RPS 17576 b
12731273 SB1462 - 35 - LRB104 07532 RPS 17576 b
12741274 1 Section, an alternative formula employee may elect to
12751275 2 establish eligible creditable service for up to 7 years of
12761276 3 service as a State's Attorney under Article 7 by filing a
12771277 4 written election with the Board, accompanied by payment of an
12781278 5 amount to be determined by the Board, equal to: (1) the
12791279 6 difference between the amount of employee and employer
12801280 7 contributions transferred to the System under Section 7-139.8
12811281 8 and the amounts that would have been contributed had such
12821282 9 contributions been made at the rates applicable to State
12831283 10 policemen; plus (2) interest thereon at the effective rate for
12841284 11 each year, compounded annually, from the date of service to
12851285 12 the date of payment.
12861286 13 Subject to the limitation in subsection (i) of this
12871287 14 Section, an alternative formula employee may elect to
12881288 15 establish eligible creditable service for up to 7 years of
12891289 16 service as a State's Attorney for which credit is not held in
12901290 17 this System or any other public employee pension fund or
12911291 18 retirement system. To obtain this credit, the applicant must
12921292 19 file a written application with the Board, accompanied by
12931293 20 evidence of eligibility acceptable to the Board and payment of
12941294 21 an amount to be determined by the Board, equal to (1) employee
12951295 22 contributions for the credit being established, based upon the
12961296 23 applicant's salary on the first day as an alternative formula
12971297 24 employee after the employment for which credit is being
12981298 25 established and the rates then applicable to alternative
12991299 26 formula employees, plus (2) an amount determined by the Board
13001300
13011301
13021302
13031303
13041304
13051305 SB1462 - 35 - LRB104 07532 RPS 17576 b
13061306
13071307
13081308 SB1462- 36 -LRB104 07532 RPS 17576 b SB1462 - 36 - LRB104 07532 RPS 17576 b
13091309 SB1462 - 36 - LRB104 07532 RPS 17576 b
13101310 1 to be the employer's normal cost of the benefits accrued for
13111311 2 the credit being established, plus (3) regular interest on the
13121312 3 amounts in items (1) and (2) from the first day as an
13131313 4 alternative formula employee after the employment for which
13141314 5 credit is being established to the date of payment.
13151315 6 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
13161316 7 102-813, eff. 5-13-22; 103-34, eff. 1-1-24.)
13171317 8 (Text of Section from P.A. 102-856 and 103-34)
13181318 9 Sec. 14-110. Alternative retirement annuity.
13191319 10 (a) Any member who has withdrawn from service with not
13201320 11 less than 20 years of eligible creditable service and has
13211321 12 attained age 55, and any member who has withdrawn from service
13221322 13 with not less than 25 years of eligible creditable service and
13231323 14 has attained age 50, regardless of whether the attainment of
13241324 15 either of the specified ages occurs while the member is still
13251325 16 in service, shall be entitled to receive at the option of the
13261326 17 member, in lieu of the regular or minimum retirement annuity,
13271327 18 a retirement annuity computed as follows:
13281328 19 (i) for periods of service as a noncovered employee:
13291329 20 if retirement occurs on or after January 1, 2001, 3% of
13301330 21 final average compensation for each year of creditable
13311331 22 service; if retirement occurs before January 1, 2001, 2
13321332 23 1/4% of final average compensation for each of the first
13331333 24 10 years of creditable service, 2 1/2% for each year above
13341334 25 10 years to and including 20 years of creditable service,
13351335
13361336
13371337
13381338
13391339
13401340 SB1462 - 36 - LRB104 07532 RPS 17576 b
13411341
13421342
13431343 SB1462- 37 -LRB104 07532 RPS 17576 b SB1462 - 37 - LRB104 07532 RPS 17576 b
13441344 SB1462 - 37 - LRB104 07532 RPS 17576 b
13451345 1 and 2 3/4% for each year of creditable service above 20
13461346 2 years; and
13471347 3 (ii) for periods of eligible creditable service as a
13481348 4 covered employee: if retirement occurs on or after January
13491349 5 1, 2001, 2.5% of final average compensation for each year
13501350 6 of creditable service; if retirement occurs before January
13511351 7 1, 2001, 1.67% of final average compensation for each of
13521352 8 the first 10 years of such service, 1.90% for each of the
13531353 9 next 10 years of such service, 2.10% for each year of such
13541354 10 service in excess of 20 but not exceeding 30, and 2.30% for
13551355 11 each year in excess of 30.
13561356 12 Such annuity shall be subject to a maximum of 75% of final
13571357 13 average compensation if retirement occurs before January 1,
13581358 14 2001 or to a maximum of 80% of final average compensation if
13591359 15 retirement occurs on or after January 1, 2001.
13601360 16 These rates shall not be applicable to any service
13611361 17 performed by a member as a covered employee which is not
13621362 18 eligible creditable service. Service as a covered employee
13631363 19 which is not eligible creditable service shall be subject to
13641364 20 the rates and provisions of Section 14-108.
13651365 21 (b) For the purpose of this Section, "eligible creditable
13661366 22 service" means creditable service resulting from service in
13671367 23 one or more of the following positions:
13681368 24 (1) State policeman;
13691369 25 (2) fire fighter in the fire protection service of a
13701370 26 department;
13711371
13721372
13731373
13741374
13751375
13761376 SB1462 - 37 - LRB104 07532 RPS 17576 b
13771377
13781378
13791379 SB1462- 38 -LRB104 07532 RPS 17576 b SB1462 - 38 - LRB104 07532 RPS 17576 b
13801380 SB1462 - 38 - LRB104 07532 RPS 17576 b
13811381 1 (3) air pilot;
13821382 2 (4) special agent;
13831383 3 (5) investigator for the Secretary of State;
13841384 4 (6) conservation police officer;
13851385 5 (7) investigator for the Department of Revenue or the
13861386 6 Illinois Gaming Board;
13871387 7 (8) security employee of the Department of Human
13881388 8 Services;
13891389 9 (9) Central Management Services security police
13901390 10 officer;
13911391 11 (10) security employee of the Department of
13921392 12 Corrections or the Department of Juvenile Justice;
13931393 13 (11) dangerous drugs investigator;
13941394 14 (12) investigator for the Illinois State Police;
13951395 15 (13) investigator for the Office of the Attorney
13961396 16 General;
13971397 17 (14) controlled substance inspector;
13981398 18 (15) investigator for the Office of the State's
13991399 19 Attorneys Appellate Prosecutor;
14001400 20 (16) Commerce Commission police officer;
14011401 21 (17) arson investigator;
14021402 22 (18) State highway maintenance worker;
14031403 23 (19) security employee of the Department of Innovation
14041404 24 and Technology; or
14051405 25 (20) transferred employee.
14061406 26 A person employed in one of the positions specified in
14071407
14081408
14091409
14101410
14111411
14121412 SB1462 - 38 - LRB104 07532 RPS 17576 b
14131413
14141414
14151415 SB1462- 39 -LRB104 07532 RPS 17576 b SB1462 - 39 - LRB104 07532 RPS 17576 b
14161416 SB1462 - 39 - LRB104 07532 RPS 17576 b
14171417 1 this subsection is entitled to eligible creditable service for
14181418 2 service credit earned under this Article while undergoing the
14191419 3 basic police training course approved by the Illinois Law
14201420 4 Enforcement Training Standards Board, if completion of that
14211421 5 training is required of persons serving in that position. For
14221422 6 the purposes of this Code, service during the required basic
14231423 7 police training course shall be deemed performance of the
14241424 8 duties of the specified position, even though the person is
14251425 9 not a sworn peace officer at the time of the training.
14261426 10 A person under paragraph (20) is entitled to eligible
14271427 11 creditable service for service credit earned under this
14281428 12 Article on and after his or her transfer by Executive Order No.
14291429 13 2003-10, Executive Order No. 2004-2, or Executive Order No.
14301430 14 2016-1.
14311431 15 (c) For the purposes of this Section:
14321432 16 (1) The term "State policeman" includes any title or
14331433 17 position in the Illinois State Police that is held by an
14341434 18 individual employed under the Illinois State Police Act.
14351435 19 (2) The term "fire fighter in the fire protection
14361436 20 service of a department" includes all officers in such
14371437 21 fire protection service including fire chiefs and
14381438 22 assistant fire chiefs.
14391439 23 (3) The term "air pilot" includes any employee whose
14401440 24 official job description on file in the Department of
14411441 25 Central Management Services, or in the department by which
14421442 26 he is employed if that department is not covered by the
14431443
14441444
14451445
14461446
14471447
14481448 SB1462 - 39 - LRB104 07532 RPS 17576 b
14491449
14501450
14511451 SB1462- 40 -LRB104 07532 RPS 17576 b SB1462 - 40 - LRB104 07532 RPS 17576 b
14521452 SB1462 - 40 - LRB104 07532 RPS 17576 b
14531453 1 Personnel Code, states that his principal duty is the
14541454 2 operation of aircraft, and who possesses a pilot's
14551455 3 license; however, the change in this definition made by
14561456 4 Public Act 83-842 shall not operate to exclude any
14571457 5 noncovered employee who was an "air pilot" for the
14581458 6 purposes of this Section on January 1, 1984.
14591459 7 (4) The term "special agent" means any person who by
14601460 8 reason of employment by the Division of Narcotic Control,
14611461 9 the Bureau of Investigation or, after July 1, 1977, the
14621462 10 Division of Criminal Investigation, the Division of
14631463 11 Internal Investigation, the Division of Operations, the
14641464 12 Division of Patrol, or any other Division or
14651465 13 organizational entity in the Illinois State Police is
14661466 14 vested by law with duties to maintain public order,
14671467 15 investigate violations of the criminal law of this State,
14681468 16 enforce the laws of this State, make arrests and recover
14691469 17 property. The term "special agent" includes any title or
14701470 18 position in the Illinois State Police that is held by an
14711471 19 individual employed under the Illinois State Police Act.
14721472 20 (5) The term "investigator for the Secretary of State"
14731473 21 means any person employed by the Office of the Secretary
14741474 22 of State and vested with such investigative duties as
14751475 23 render him ineligible for coverage under the Social
14761476 24 Security Act by reason of Sections 218(d)(5)(A),
14771477 25 218(d)(8)(D) and 218(l)(1) of that Act.
14781478 26 A person who became employed as an investigator for
14791479
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14851485
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14881488 SB1462 - 41 - LRB104 07532 RPS 17576 b
14891489 1 the Secretary of State between January 1, 1967 and
14901490 2 December 31, 1975, and who has served as such until
14911491 3 attainment of age 60, either continuously or with a single
14921492 4 break in service of not more than 3 years duration, which
14931493 5 break terminated before January 1, 1976, shall be entitled
14941494 6 to have his retirement annuity calculated in accordance
14951495 7 with subsection (a), notwithstanding that he has less than
14961496 8 20 years of credit for such service.
14971497 9 (6) The term "Conservation Police Officer" means any
14981498 10 person employed by the Division of Law Enforcement of the
14991499 11 Department of Natural Resources and vested with such law
15001500 12 enforcement duties as render him ineligible for coverage
15011501 13 under the Social Security Act by reason of Sections
15021502 14 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
15031503 15 term "Conservation Police Officer" includes the positions
15041504 16 of Chief Conservation Police Administrator and Assistant
15051505 17 Conservation Police Administrator.
15061506 18 (7) The term "investigator for the Department of
15071507 19 Revenue" means any person employed by the Department of
15081508 20 Revenue and vested with such investigative duties as
15091509 21 render him ineligible for coverage under the Social
15101510 22 Security Act by reason of Sections 218(d)(5)(A),
15111511 23 218(d)(8)(D) and 218(l)(1) of that Act.
15121512 24 The term "investigator for the Illinois Gaming Board"
15131513 25 means any person employed as such by the Illinois Gaming
15141514 26 Board and vested with such peace officer duties as render
15151515
15161516
15171517
15181518
15191519
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15211521
15221522
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15241524 SB1462 - 42 - LRB104 07532 RPS 17576 b
15251525 1 the person ineligible for coverage under the Social
15261526 2 Security Act by reason of Sections 218(d)(5)(A),
15271527 3 218(d)(8)(D), and 218(l)(1) of that Act.
15281528 4 (8) The term "security employee of the Department of
15291529 5 Human Services" means any person employed by the
15301530 6 Department of Human Services who (i) is employed at the
15311531 7 Chester Mental Health Center and has daily contact with
15321532 8 the residents thereof, (ii) is employed within a security
15331533 9 unit at a facility operated by the Department and has
15341534 10 daily contact with the residents of the security unit,
15351535 11 (iii) is employed at a facility operated by the Department
15361536 12 that includes a security unit and is regularly scheduled
15371537 13 to work at least 50% of his or her working hours within
15381538 14 that security unit, or (iv) is a mental health police
15391539 15 officer. "Mental health police officer" means any person
15401540 16 employed by the Department of Human Services in a position
15411541 17 pertaining to the Department's mental health and
15421542 18 developmental disabilities functions who is vested with
15431543 19 such law enforcement duties as render the person
15441544 20 ineligible for coverage under the Social Security Act by
15451545 21 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
15461546 22 218(l)(1) of that Act. "Security unit" means that portion
15471547 23 of a facility that is devoted to the care, containment,
15481548 24 and treatment of persons committed to the Department of
15491549 25 Human Services as sexually violent persons, persons unfit
15501550 26 to stand trial, or persons not guilty by reason of
15511551
15521552
15531553
15541554
15551555
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15571557
15581558
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15601560 SB1462 - 43 - LRB104 07532 RPS 17576 b
15611561 1 insanity. With respect to past employment, references to
15621562 2 the Department of Human Services include its predecessor,
15631563 3 the Department of Mental Health and Developmental
15641564 4 Disabilities.
15651565 5 The changes made to this subdivision (c)(8) by Public
15661566 6 Act 92-14 apply to persons who retire on or after January
15671567 7 1, 2001, notwithstanding Section 1-103.1.
15681568 8 (9) "Central Management Services security police
15691569 9 officer" means any person employed by the Department of
15701570 10 Central Management Services who is vested with such law
15711571 11 enforcement duties as render him ineligible for coverage
15721572 12 under the Social Security Act by reason of Sections
15731573 13 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
15741574 14 (10) For a member who first became an employee under
15751575 15 this Article before July 1, 2005, the term "security
15761576 16 employee of the Department of Corrections or the
15771577 17 Department of Juvenile Justice" means any employee of the
15781578 18 Department of Corrections or the Department of Juvenile
15791579 19 Justice or the former Department of Personnel, and any
15801580 20 member or employee of the Prisoner Review Board, who has
15811581 21 daily contact with inmates or youth by working within a
15821582 22 correctional facility or Juvenile facility operated by the
15831583 23 Department of Juvenile Justice or who is a parole officer
15841584 24 or an employee who has direct contact with committed
15851585 25 persons in the performance of his or her job duties. For a
15861586 26 member who first becomes an employee under this Article on
15871587
15881588
15891589
15901590
15911591
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15931593
15941594
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15961596 SB1462 - 44 - LRB104 07532 RPS 17576 b
15971597 1 or after July 1, 2005, the term means an employee of the
15981598 2 Department of Corrections or the Department of Juvenile
15991599 3 Justice who is any of the following: (i) officially
16001600 4 headquartered at a correctional facility or Juvenile
16011601 5 facility operated by the Department of Juvenile Justice,
16021602 6 (ii) a parole officer, (iii) a member of the apprehension
16031603 7 unit, (iv) a member of the intelligence unit, (v) a member
16041604 8 of the sort team, or (vi) an investigator.
16051605 9 (11) The term "dangerous drugs investigator" means any
16061606 10 person who is employed as such by the Department of Human
16071607 11 Services.
16081608 12 (12) The term "investigator for the Illinois State
16091609 13 Police" means a person employed by the Illinois State
16101610 14 Police who is vested under Section 4 of the Narcotic
16111611 15 Control Division Abolition Act with such law enforcement
16121612 16 powers as render him ineligible for coverage under the
16131613 17 Social Security Act by reason of Sections 218(d)(5)(A),
16141614 18 218(d)(8)(D) and 218(l)(1) of that Act.
16151615 19 (13) "Investigator for the Office of the Attorney
16161616 20 General" means any person who is employed as such by the
16171617 21 Office of the Attorney General and is vested with such
16181618 22 investigative duties as render him ineligible for coverage
16191619 23 under the Social Security Act by reason of Sections
16201620 24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
16211621 25 the period before January 1, 1989, the term includes all
16221622 26 persons who were employed as investigators by the Office
16231623
16241624
16251625
16261626
16271627
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16291629
16301630
16311631 SB1462- 45 -LRB104 07532 RPS 17576 b SB1462 - 45 - LRB104 07532 RPS 17576 b
16321632 SB1462 - 45 - LRB104 07532 RPS 17576 b
16331633 1 of the Attorney General, without regard to social security
16341634 2 status.
16351635 3 (14) "Controlled substance inspector" means any person
16361636 4 who is employed as such by the Department of Professional
16371637 5 Regulation and is vested with such law enforcement duties
16381638 6 as render him ineligible for coverage under the Social
16391639 7 Security Act by reason of Sections 218(d)(5)(A),
16401640 8 218(d)(8)(D) and 218(l)(1) of that Act. The term
16411641 9 "controlled substance inspector" includes the Program
16421642 10 Executive of Enforcement and the Assistant Program
16431643 11 Executive of Enforcement.
16441644 12 (15) The term "investigator for the Office of the
16451645 13 State's Attorneys Appellate Prosecutor" means a person
16461646 14 employed in that capacity on a full-time basis under the
16471647 15 authority of Section 7.06 of the State's Attorneys
16481648 16 Appellate Prosecutor's Act.
16491649 17 (16) "Commerce Commission police officer" means any
16501650 18 person employed by the Illinois Commerce Commission who is
16511651 19 vested with such law enforcement duties as render him
16521652 20 ineligible for coverage under the Social Security Act by
16531653 21 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
16541654 22 218(l)(1) of that Act.
16551655 23 (17) "Arson investigator" means any person who is
16561656 24 employed as such by the Office of the State Fire Marshal
16571657 25 and is vested with such law enforcement duties as render
16581658 26 the person ineligible for coverage under the Social
16591659
16601660
16611661
16621662
16631663
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16651665
16661666
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16681668 SB1462 - 46 - LRB104 07532 RPS 17576 b
16691669 1 Security Act by reason of Sections 218(d)(5)(A),
16701670 2 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
16711671 3 employed as an arson investigator on January 1, 1995 and
16721672 4 is no longer in service but not yet receiving a retirement
16731673 5 annuity may convert his or her creditable service for
16741674 6 employment as an arson investigator into eligible
16751675 7 creditable service by paying to the System the difference
16761676 8 between the employee contributions actually paid for that
16771677 9 service and the amounts that would have been contributed
16781678 10 if the applicant were contributing at the rate applicable
16791679 11 to persons with the same social security status earning
16801680 12 eligible creditable service on the date of application.
16811681 13 (18) The term "State highway maintenance worker" means
16821682 14 a person who is either of the following:
16831683 15 (i) A person employed on a full-time basis by the
16841684 16 Illinois Department of Transportation in the position
16851685 17 of highway maintainer, highway maintenance lead
16861686 18 worker, highway maintenance lead/lead worker, heavy
16871687 19 construction equipment operator, power shovel
16881688 20 operator, or bridge mechanic; and whose principal
16891689 21 responsibility is to perform, on the roadway, the
16901690 22 actual maintenance necessary to keep the highways that
16911691 23 form a part of the State highway system in serviceable
16921692 24 condition for vehicular traffic.
16931693 25 (ii) A person employed on a full-time basis by the
16941694 26 Illinois State Toll Highway Authority in the position
16951695
16961696
16971697
16981698
16991699
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17011701
17021702
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17041704 SB1462 - 47 - LRB104 07532 RPS 17576 b
17051705 1 of equipment operator/laborer H-4, equipment
17061706 2 operator/laborer H-6, welder H-4, welder H-6,
17071707 3 mechanical/electrical H-4, mechanical/electrical H-6,
17081708 4 water/sewer H-4, water/sewer H-6, sign maker/hanger
17091709 5 H-4, sign maker/hanger H-6, roadway lighting H-4,
17101710 6 roadway lighting H-6, structural H-4, structural H-6,
17111711 7 painter H-4, or painter H-6; and whose principal
17121712 8 responsibility is to perform, on the roadway, the
17131713 9 actual maintenance necessary to keep the Authority's
17141714 10 tollways in serviceable condition for vehicular
17151715 11 traffic.
17161716 12 (19) The term "security employee of the Department of
17171717 13 Innovation and Technology" means a person who was a
17181718 14 security employee of the Department of Corrections or the
17191719 15 Department of Juvenile Justice, was transferred to the
17201720 16 Department of Innovation and Technology pursuant to
17211721 17 Executive Order 2016-01, and continues to perform similar
17221722 18 job functions under that Department.
17231723 19 (20) "Transferred employee" means an employee who was
17241724 20 transferred to the Department of Central Management
17251725 21 Services by Executive Order No. 2003-10 or Executive Order
17261726 22 No. 2004-2 or transferred to the Department of Innovation
17271727 23 and Technology by Executive Order No. 2016-1, or both, and
17281728 24 was entitled to eligible creditable service for services
17291729 25 immediately preceding the transfer.
17301730 26 (21) "State's Attorney" means a person elected or
17311731
17321732
17331733
17341734
17351735
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17371737
17381738
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17401740 SB1462 - 48 - LRB104 07532 RPS 17576 b
17411741 1 appointed to serve as the State's Attorney of a county.
17421742 2 "State's Attorney" does not include an assistant State's
17431743 3 Attorney or a State's Attorney special investigator.
17441744 4 (d) A security employee of the Department of Corrections
17451745 5 or the Department of Juvenile Justice, a security employee of
17461746 6 the Department of Human Services who is not a mental health
17471747 7 police officer, and a security employee of the Department of
17481748 8 Innovation and Technology shall not be eligible for the
17491749 9 alternative retirement annuity provided by this Section unless
17501750 10 he or she meets the following minimum age and service
17511751 11 requirements at the time of retirement:
17521752 12 (i) 25 years of eligible creditable service and age
17531753 13 55; or
17541754 14 (ii) beginning January 1, 1987, 25 years of eligible
17551755 15 creditable service and age 54, or 24 years of eligible
17561756 16 creditable service and age 55; or
17571757 17 (iii) beginning January 1, 1988, 25 years of eligible
17581758 18 creditable service and age 53, or 23 years of eligible
17591759 19 creditable service and age 55; or
17601760 20 (iv) beginning January 1, 1989, 25 years of eligible
17611761 21 creditable service and age 52, or 22 years of eligible
17621762 22 creditable service and age 55; or
17631763 23 (v) beginning January 1, 1990, 25 years of eligible
17641764 24 creditable service and age 51, or 21 years of eligible
17651765 25 creditable service and age 55; or
17661766 26 (vi) beginning January 1, 1991, 25 years of eligible
17671767
17681768
17691769
17701770
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17731773
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17771777 1 creditable service and age 50, or 20 years of eligible
17781778 2 creditable service and age 55.
17791779 3 Persons who have service credit under Article 16 of this
17801780 4 Code for service as a security employee of the Department of
17811781 5 Corrections or the Department of Juvenile Justice, or the
17821782 6 Department of Human Services in a position requiring
17831783 7 certification as a teacher may count such service toward
17841784 8 establishing their eligibility under the service requirements
17851785 9 of this Section; but such service may be used only for
17861786 10 establishing such eligibility, and not for the purpose of
17871787 11 increasing or calculating any benefit.
17881788 12 (e) If a member enters military service while working in a
17891789 13 position in which eligible creditable service may be earned,
17901790 14 and returns to State service in the same or another such
17911791 15 position, and fulfills in all other respects the conditions
17921792 16 prescribed in this Article for credit for military service,
17931793 17 such military service shall be credited as eligible creditable
17941794 18 service for the purposes of the retirement annuity prescribed
17951795 19 in this Section.
17961796 20 (f) For purposes of calculating retirement annuities under
17971797 21 this Section, periods of service rendered after December 31,
17981798 22 1968 and before October 1, 1975 as a covered employee in the
17991799 23 position of special agent, conservation police officer, mental
18001800 24 health police officer, or investigator for the Secretary of
18011801 25 State, shall be deemed to have been service as a noncovered
18021802 26 employee, provided that the employee pays to the System prior
18031803
18041804
18051805
18061806
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18091809
18101810
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18131813 1 to retirement an amount equal to (1) the difference between
18141814 2 the employee contributions that would have been required for
18151815 3 such service as a noncovered employee, and the amount of
18161816 4 employee contributions actually paid, plus (2) if payment is
18171817 5 made after July 31, 1987, regular interest on the amount
18181818 6 specified in item (1) from the date of service to the date of
18191819 7 payment.
18201820 8 For purposes of calculating retirement annuities under
18211821 9 this Section, periods of service rendered after December 31,
18221822 10 1968 and before January 1, 1982 as a covered employee in the
18231823 11 position of investigator for the Department of Revenue shall
18241824 12 be deemed to have been service as a noncovered employee,
18251825 13 provided that the employee pays to the System prior to
18261826 14 retirement an amount equal to (1) the difference between the
18271827 15 employee contributions that would have been required for such
18281828 16 service as a noncovered employee, and the amount of employee
18291829 17 contributions actually paid, plus (2) if payment is made after
18301830 18 January 1, 1990, regular interest on the amount specified in
18311831 19 item (1) from the date of service to the date of payment.
18321832 20 (g) A State policeman may elect, not later than January 1,
18331833 21 1990, to establish eligible creditable service for up to 10
18341834 22 years of his service as a policeman under Article 3, by filing
18351835 23 a written election with the Board, accompanied by payment of
18361836 24 an amount to be determined by the Board, equal to (i) the
18371837 25 difference between the amount of employee and employer
18381838 26 contributions transferred to the System under Section 3-110.5,
18391839
18401840
18411841
18421842
18431843
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18451845
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18491849 1 and the amounts that would have been contributed had such
18501850 2 contributions been made at the rates applicable to State
18511851 3 policemen, plus (ii) interest thereon at the effective rate
18521852 4 for each year, compounded annually, from the date of service
18531853 5 to the date of payment.
18541854 6 Subject to the limitation in subsection (i), a State
18551855 7 policeman may elect, not later than July 1, 1993, to establish
18561856 8 eligible creditable service for up to 10 years of his service
18571857 9 as a member of the County Police Department under Article 9, by
18581858 10 filing a written election with the Board, accompanied by
18591859 11 payment of an amount to be determined by the Board, equal to
18601860 12 (i) the difference between the amount of employee and employer
18611861 13 contributions transferred to the System under Section 9-121.10
18621862 14 and the amounts that would have been contributed had those
18631863 15 contributions been made at the rates applicable to State
18641864 16 policemen, plus (ii) interest thereon at the effective rate
18651865 17 for each year, compounded annually, from the date of service
18661866 18 to the date of payment.
18671867 19 (h) Subject to the limitation in subsection (i), a State
18681868 20 policeman or investigator for the Secretary of State may elect
18691869 21 to establish eligible creditable service for up to 12 years of
18701870 22 his service as a policeman under Article 5, by filing a written
18711871 23 election with the Board on or before January 31, 1992, and
18721872 24 paying to the System by January 31, 1994 an amount to be
18731873 25 determined by the Board, equal to (i) the difference between
18741874 26 the amount of employee and employer contributions transferred
18751875
18761876
18771877
18781878
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18821882
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18851885 1 to the System under Section 5-236, and the amounts that would
18861886 2 have been contributed had such contributions been made at the
18871887 3 rates applicable to State policemen, plus (ii) interest
18881888 4 thereon at the effective rate for each year, compounded
18891889 5 annually, from the date of service to the date of payment.
18901890 6 Subject to the limitation in subsection (i), a State
18911891 7 policeman, conservation police officer, or investigator for
18921892 8 the Secretary of State may elect to establish eligible
18931893 9 creditable service for up to 10 years of service as a sheriff's
18941894 10 law enforcement employee under Article 7, by filing a written
18951895 11 election with the Board on or before January 31, 1993, and
18961896 12 paying to the System by January 31, 1994 an amount to be
18971897 13 determined by the Board, equal to (i) the difference between
18981898 14 the amount of employee and employer contributions transferred
18991899 15 to the System under Section 7-139.7, and the amounts that
19001900 16 would have been contributed had such contributions been made
19011901 17 at the rates applicable to State policemen, plus (ii) interest
19021902 18 thereon at the effective rate for each year, compounded
19031903 19 annually, from the date of service to the date of payment.
19041904 20 Subject to the limitation in subsection (i), a State
19051905 21 policeman, conservation police officer, or investigator for
19061906 22 the Secretary of State may elect to establish eligible
19071907 23 creditable service for up to 5 years of service as a police
19081908 24 officer under Article 3, a policeman under Article 5, a
19091909 25 sheriff's law enforcement employee under Article 7, a member
19101910 26 of the county police department under Article 9, or a police
19111911
19121912
19131913
19141914
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19171917
19181918
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19201920 SB1462 - 53 - LRB104 07532 RPS 17576 b
19211921 1 officer under Article 15 by filing a written election with the
19221922 2 Board and paying to the System an amount to be determined by
19231923 3 the Board, equal to (i) the difference between the amount of
19241924 4 employee and employer contributions transferred to the System
19251925 5 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
19261926 6 and the amounts that would have been contributed had such
19271927 7 contributions been made at the rates applicable to State
19281928 8 policemen, plus (ii) interest thereon at the effective rate
19291929 9 for each year, compounded annually, from the date of service
19301930 10 to the date of payment.
19311931 11 Subject to the limitation in subsection (i), an
19321932 12 investigator for the Office of the Attorney General, or an
19331933 13 investigator for the Department of Revenue, may elect to
19341934 14 establish eligible creditable service for up to 5 years of
19351935 15 service as a police officer under Article 3, a policeman under
19361936 16 Article 5, a sheriff's law enforcement employee under Article
19371937 17 7, or a member of the county police department under Article 9
19381938 18 by filing a written election with the Board within 6 months
19391939 19 after August 25, 2009 (the effective date of Public Act
19401940 20 96-745) and paying to the System an amount to be determined by
19411941 21 the Board, equal to (i) the difference between the amount of
19421942 22 employee and employer contributions transferred to the System
19431943 23 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
19441944 24 amounts that would have been contributed had such
19451945 25 contributions been made at the rates applicable to State
19461946 26 policemen, plus (ii) interest thereon at the actuarially
19471947
19481948
19491949
19501950
19511951
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19531953
19541954
19551955 SB1462- 54 -LRB104 07532 RPS 17576 b SB1462 - 54 - LRB104 07532 RPS 17576 b
19561956 SB1462 - 54 - LRB104 07532 RPS 17576 b
19571957 1 assumed rate for each year, compounded annually, from the date
19581958 2 of service to the date of payment.
19591959 3 Subject to the limitation in subsection (i), a State
19601960 4 policeman, conservation police officer, investigator for the
19611961 5 Office of the Attorney General, an investigator for the
19621962 6 Department of Revenue, or investigator for the Secretary of
19631963 7 State may elect to establish eligible creditable service for
19641964 8 up to 5 years of service as a person employed by a
19651965 9 participating municipality to perform police duties, or law
19661966 10 enforcement officer employed on a full-time basis by a forest
19671967 11 preserve district under Article 7, a county corrections
19681968 12 officer, or a court services officer under Article 9, by
19691969 13 filing a written election with the Board within 6 months after
19701970 14 August 25, 2009 (the effective date of Public Act 96-745) and
19711971 15 paying to the System an amount to be determined by the Board,
19721972 16 equal to (i) the difference between the amount of employee and
19731973 17 employer contributions transferred to the System under
19741974 18 Sections 7-139.8 and 9-121.10 and the amounts that would have
19751975 19 been contributed had such contributions been made at the rates
19761976 20 applicable to State policemen, plus (ii) interest thereon at
19771977 21 the actuarially assumed rate for each year, compounded
19781978 22 annually, from the date of service to the date of payment.
19791979 23 Subject to the limitation in subsection (i), a State
19801980 24 policeman, arson investigator, or Commerce Commission police
19811981 25 officer may elect to establish eligible creditable service for
19821982 26 up to 5 years of service as a person employed by a
19831983
19841984
19851985
19861986
19871987
19881988 SB1462 - 54 - LRB104 07532 RPS 17576 b
19891989
19901990
19911991 SB1462- 55 -LRB104 07532 RPS 17576 b SB1462 - 55 - LRB104 07532 RPS 17576 b
19921992 SB1462 - 55 - LRB104 07532 RPS 17576 b
19931993 1 participating municipality to perform police duties under
19941994 2 Article 7, a county corrections officer, a court services
19951995 3 officer under Article 9, or a firefighter under Article 4 by
19961996 4 filing a written election with the Board within 6 months after
19971997 5 July 30, 2021 (the effective date of Public Act 102-210) and
19981998 6 paying to the System an amount to be determined by the Board
19991999 7 equal to (i) the difference between the amount of employee and
20002000 8 employer contributions transferred to the System under
20012001 9 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
20022002 10 would have been contributed had such contributions been made
20032003 11 at the rates applicable to State policemen, plus (ii) interest
20042004 12 thereon at the actuarially assumed rate for each year,
20052005 13 compounded annually, from the date of service to the date of
20062006 14 payment.
20072007 15 Subject to the limitation in subsection (i), a
20082008 16 conservation police officer may elect to establish eligible
20092009 17 creditable service for up to 5 years of service as a person
20102010 18 employed by a participating municipality to perform police
20112011 19 duties under Article 7, a county corrections officer, or a
20122012 20 court services officer under Article 9 by filing a written
20132013 21 election with the Board within 6 months after July 30, 2021
20142014 22 (the effective date of Public Act 102-210) and paying to the
20152015 23 System an amount to be determined by the Board equal to (i) the
20162016 24 difference between the amount of employee and employer
20172017 25 contributions transferred to the System under Sections 7-139.8
20182018 26 and 9-121.10 and the amounts that would have been contributed
20192019
20202020
20212021
20222022
20232023
20242024 SB1462 - 55 - LRB104 07532 RPS 17576 b
20252025
20262026
20272027 SB1462- 56 -LRB104 07532 RPS 17576 b SB1462 - 56 - LRB104 07532 RPS 17576 b
20282028 SB1462 - 56 - LRB104 07532 RPS 17576 b
20292029 1 had such contributions been made at the rates applicable to
20302030 2 State policemen, plus (ii) interest thereon at the actuarially
20312031 3 assumed rate for each year, compounded annually, from the date
20322032 4 of service to the date of payment.
20332033 5 Subject to the limitation in subsection (i), an
20342034 6 investigator for the Department of Revenue, investigator for
20352035 7 the Illinois Gaming Board, investigator for the Secretary of
20362036 8 State, or arson investigator may elect to establish eligible
20372037 9 creditable service for up to 5 years of service as a person
20382038 10 employed by a participating municipality to perform police
20392039 11 duties under Article 7, a county corrections officer, a court
20402040 12 services officer under Article 9, or a firefighter under
20412041 13 Article 4 by filing a written election with the Board within 6
20422042 14 months after the effective date of this amendatory Act of the
20432043 15 102nd General Assembly and paying to the System an amount to be
20442044 16 determined by the Board equal to (i) the difference between
20452045 17 the amount of employee and employer contributions transferred
20462046 18 to the System under Sections 4-108.8, 7-139.8, and 9-121.10
20472047 19 and the amounts that would have been contributed had such
20482048 20 contributions been made at the rates applicable to State
20492049 21 policemen, plus (ii) interest thereon at the actuarially
20502050 22 assumed rate for each year, compounded annually, from the date
20512051 23 of service to the date of payment.
20522052 24 Notwithstanding the limitation in subsection (i), a State
20532053 25 policeman or conservation police officer may elect to convert
20542054 26 service credit earned under this Article to eligible
20552055
20562056
20572057
20582058
20592059
20602060 SB1462 - 56 - LRB104 07532 RPS 17576 b
20612061
20622062
20632063 SB1462- 57 -LRB104 07532 RPS 17576 b SB1462 - 57 - LRB104 07532 RPS 17576 b
20642064 SB1462 - 57 - LRB104 07532 RPS 17576 b
20652065 1 creditable service, as defined by this Section, by filing a
20662066 2 written election with the Board board within 6 months after
20672067 3 July 30, 2021 (the effective date of Public Act 102-210) and
20682068 4 paying to the System an amount to be determined by the Board
20692069 5 equal to (i) the difference between the amount of employee
20702070 6 contributions originally paid for that service and the amounts
20712071 7 that would have been contributed had such contributions been
20722072 8 made at the rates applicable to State policemen, plus (ii) the
20732073 9 difference between the employer's normal cost of the credit
20742074 10 prior to the conversion authorized by the amendatory Act of
20752075 11 the 104th General Assembly Public Act 102-210 and the
20762076 12 employer's normal cost of the credit converted in accordance
20772077 13 with this amendatory Act of the 104th General Assembly Public
20782078 14 Act 102-210, plus (iii) interest thereon at the actuarially
20792079 15 assumed rate for each year, compounded annually, from the date
20802080 16 of service to the date of payment.
20812081 17 Notwithstanding the limitation in subsection (i), an
20822082 18 investigator for the Department of Revenue, investigator for
20832083 19 the Illinois Gaming Board, investigator for the Secretary of
20842084 20 State, or arson investigator may elect to convert service
20852085 21 credit earned under this Article to eligible creditable
20862086 22 service, as defined by this Section, by filing a written
20872087 23 election with the Board within 6 months after the effective
20882088 24 date of this amendatory Act of the 102nd General Assembly and
20892089 25 paying to the System an amount to be determined by the Board
20902090 26 equal to (i) the difference between the amount of employee
20912091
20922092
20932093
20942094
20952095
20962096 SB1462 - 57 - LRB104 07532 RPS 17576 b
20972097
20982098
20992099 SB1462- 58 -LRB104 07532 RPS 17576 b SB1462 - 58 - LRB104 07532 RPS 17576 b
21002100 SB1462 - 58 - LRB104 07532 RPS 17576 b
21012101 1 contributions originally paid for that service and the amounts
21022102 2 that would have been contributed had such contributions been
21032103 3 made at the rates applicable to investigators for the
21042104 4 Department of Revenue, investigators for the Illinois Gaming
21052105 5 Board, investigators for the Secretary of State, or arson
21062106 6 investigators, plus (ii) the difference between the employer's
21072107 7 normal cost of the credit prior to the conversion authorized
21082108 8 by this amendatory Act of the 102nd General Assembly and the
21092109 9 employer's normal cost of the credit converted in accordance
21102110 10 with this amendatory Act of the 102nd General Assembly, plus
21112111 11 (iii) interest thereon at the actuarially assumed rate for
21122112 12 each year, compounded annually, from the date of service to
21132113 13 the date of payment.
21142114 14 (i) The total amount of eligible creditable service
21152115 15 established by any person under subsections (g), (h), (j),
21162116 16 (k), (l), (l-5), and (o), and (q) of this Section shall not
21172117 17 exceed 12 years.
21182118 18 (j) Subject to the limitation in subsection (i), an
21192119 19 investigator for the Office of the State's Attorneys Appellate
21202120 20 Prosecutor or a controlled substance inspector may elect to
21212121 21 establish eligible creditable service for up to 10 years of
21222122 22 his service as a policeman under Article 3 or a sheriff's law
21232123 23 enforcement employee under Article 7, by filing a written
21242124 24 election with the Board, accompanied by payment of an amount
21252125 25 to be determined by the Board, equal to (1) the difference
21262126 26 between the amount of employee and employer contributions
21272127
21282128
21292129
21302130
21312131
21322132 SB1462 - 58 - LRB104 07532 RPS 17576 b
21332133
21342134
21352135 SB1462- 59 -LRB104 07532 RPS 17576 b SB1462 - 59 - LRB104 07532 RPS 17576 b
21362136 SB1462 - 59 - LRB104 07532 RPS 17576 b
21372137 1 transferred to the System under Section 3-110.6 or 7-139.8,
21382138 2 and the amounts that would have been contributed had such
21392139 3 contributions been made at the rates applicable to State
21402140 4 policemen, plus (2) interest thereon at the effective rate for
21412141 5 each year, compounded annually, from the date of service to
21422142 6 the date of payment.
21432143 7 (k) Subject to the limitation in subsection (i) of this
21442144 8 Section, an alternative formula employee may elect to
21452145 9 establish eligible creditable service for periods spent as a
21462146 10 full-time law enforcement officer or full-time corrections
21472147 11 officer employed by the federal government or by a state or
21482148 12 local government located outside of Illinois, for which credit
21492149 13 is not held in any other public employee pension fund or
21502150 14 retirement system. To obtain this credit, the applicant must
21512151 15 file a written application with the Board by March 31, 1998,
21522152 16 accompanied by evidence of eligibility acceptable to the Board
21532153 17 and payment of an amount to be determined by the Board, equal
21542154 18 to (1) employee contributions for the credit being
21552155 19 established, based upon the applicant's salary on the first
21562156 20 day as an alternative formula employee after the employment
21572157 21 for which credit is being established and the rates then
21582158 22 applicable to alternative formula employees, plus (2) an
21592159 23 amount determined by the Board to be the employer's normal
21602160 24 cost of the benefits accrued for the credit being established,
21612161 25 plus (3) regular interest on the amounts in items (1) and (2)
21622162 26 from the first day as an alternative formula employee after
21632163
21642164
21652165
21662166
21672167
21682168 SB1462 - 59 - LRB104 07532 RPS 17576 b
21692169
21702170
21712171 SB1462- 60 -LRB104 07532 RPS 17576 b SB1462 - 60 - LRB104 07532 RPS 17576 b
21722172 SB1462 - 60 - LRB104 07532 RPS 17576 b
21732173 1 the employment for which credit is being established to the
21742174 2 date of payment.
21752175 3 (l) Subject to the limitation in subsection (i), a
21762176 4 security employee of the Department of Corrections may elect,
21772177 5 not later than July 1, 1998, to establish eligible creditable
21782178 6 service for up to 10 years of his or her service as a policeman
21792179 7 under Article 3, by filing a written election with the Board,
21802180 8 accompanied by payment of an amount to be determined by the
21812181 9 Board, equal to (i) the difference between the amount of
21822182 10 employee and employer contributions transferred to the System
21832183 11 under Section 3-110.5, and the amounts that would have been
21842184 12 contributed had such contributions been made at the rates
21852185 13 applicable to security employees of the Department of
21862186 14 Corrections, plus (ii) interest thereon at the effective rate
21872187 15 for each year, compounded annually, from the date of service
21882188 16 to the date of payment.
21892189 17 (l-5) Subject to the limitation in subsection (i) of this
21902190 18 Section, a State policeman may elect to establish eligible
21912191 19 creditable service for up to 5 years of service as a full-time
21922192 20 law enforcement officer employed by the federal government or
21932193 21 by a state or local government located outside of Illinois for
21942194 22 which credit is not held in any other public employee pension
21952195 23 fund or retirement system. To obtain this credit, the
21962196 24 applicant must file a written application with the Board no
21972197 25 later than 3 years after January 1, 2020 (the effective date of
21982198 26 Public Act 101-610), accompanied by evidence of eligibility
21992199
22002200
22012201
22022202
22032203
22042204 SB1462 - 60 - LRB104 07532 RPS 17576 b
22052205
22062206
22072207 SB1462- 61 -LRB104 07532 RPS 17576 b SB1462 - 61 - LRB104 07532 RPS 17576 b
22082208 SB1462 - 61 - LRB104 07532 RPS 17576 b
22092209 1 acceptable to the Board and payment of an amount to be
22102210 2 determined by the Board, equal to (1) employee contributions
22112211 3 for the credit being established, based upon the applicant's
22122212 4 salary on the first day as an alternative formula employee
22132213 5 after the employment for which credit is being established and
22142214 6 the rates then applicable to alternative formula employees,
22152215 7 plus (2) an amount determined by the Board to be the employer's
22162216 8 normal cost of the benefits accrued for the credit being
22172217 9 established, plus (3) regular interest on the amounts in items
22182218 10 (1) and (2) from the first day as an alternative formula
22192219 11 employee after the employment for which credit is being
22202220 12 established to the date of payment.
22212221 13 (m) The amendatory changes to this Section made by Public
22222222 14 Act 94-696 apply only to: (1) security employees of the
22232223 15 Department of Juvenile Justice employed by the Department of
22242224 16 Corrections before June 1, 2006 (the effective date of Public
22252225 17 Act 94-696) and transferred to the Department of Juvenile
22262226 18 Justice by Public Act 94-696; and (2) persons employed by the
22272227 19 Department of Juvenile Justice on or after June 1, 2006 (the
22282228 20 effective date of Public Act 94-696) who are required by
22292229 21 subsection (b) of Section 3-2.5-15 of the Unified Code of
22302230 22 Corrections to have any bachelor's or advanced degree from an
22312231 23 accredited college or university or, in the case of persons
22322232 24 who provide vocational training, who are required to have
22332233 25 adequate knowledge in the skill for which they are providing
22342234 26 the vocational training.
22352235
22362236
22372237
22382238
22392239
22402240 SB1462 - 61 - LRB104 07532 RPS 17576 b
22412241
22422242
22432243 SB1462- 62 -LRB104 07532 RPS 17576 b SB1462 - 62 - LRB104 07532 RPS 17576 b
22442244 SB1462 - 62 - LRB104 07532 RPS 17576 b
22452245 1 (n) A person employed in a position under subsection (b)
22462246 2 of this Section who has purchased service credit under
22472247 3 subsection (j) of Section 14-104 or subsection (b) of Section
22482248 4 14-105 in any other capacity under this Article may convert up
22492249 5 to 5 years of that service credit into service credit covered
22502250 6 under this Section by paying to the Fund an amount equal to (1)
22512251 7 the additional employee contribution required under Section
22522252 8 14-133, plus (2) the additional employer contribution required
22532253 9 under Section 14-131, plus (3) interest on items (1) and (2) at
22542254 10 the actuarially assumed rate from the date of the service to
22552255 11 the date of payment.
22562256 12 (o) Subject to the limitation in subsection (i), a
22572257 13 conservation police officer, investigator for the Secretary of
22582258 14 State, Commerce Commission police officer, investigator for
22592259 15 the Department of Revenue or the Illinois Gaming Board, or
22602260 16 arson investigator subject to subsection (g) of Section 1-160
22612261 17 may elect to convert up to 8 years of service credit
22622262 18 established before January 1, 2020 (the effective date of
22632263 19 Public Act 101-610) as a conservation police officer,
22642264 20 investigator for the Secretary of State, Commerce Commission
22652265 21 police officer, investigator for the Department of Revenue or
22662266 22 the Illinois Gaming Board, or arson investigator under this
22672267 23 Article into eligible creditable service by filing a written
22682268 24 election with the Board no later than one year after January 1,
22692269 25 2020 (the effective date of Public Act 101-610), accompanied
22702270 26 by payment of an amount to be determined by the Board equal to
22712271
22722272
22732273
22742274
22752275
22762276 SB1462 - 62 - LRB104 07532 RPS 17576 b
22772277
22782278
22792279 SB1462- 63 -LRB104 07532 RPS 17576 b SB1462 - 63 - LRB104 07532 RPS 17576 b
22802280 SB1462 - 63 - LRB104 07532 RPS 17576 b
22812281 1 (i) the difference between the amount of the employee
22822282 2 contributions actually paid for that service and the amount of
22832283 3 the employee contributions that would have been paid had the
22842284 4 employee contributions been made as a noncovered employee
22852285 5 serving in a position in which eligible creditable service, as
22862286 6 defined in this Section, may be earned, plus (ii) interest
22872287 7 thereon at the effective rate for each year, compounded
22882288 8 annually, from the date of service to the date of payment.
22892289 9 (q) Subject to the limitation in subsection (i) of this
22902290 10 Section, an alternative formula employee may elect to
22912291 11 establish eligible creditable service for up to 7 years of
22922292 12 service as a State's Attorney under Article 7 by filing a
22932293 13 written election with the Board, accompanied by payment of an
22942294 14 amount to be determined by the Board, equal to: (1) the
22952295 15 difference between the amount of employee and employer
22962296 16 contributions transferred to the System under Section 7-139.8
22972297 17 and the amounts that would have been contributed had such
22982298 18 contributions been made at the rates applicable to State
22992299 19 policemen; plus (2) interest thereon at the effective rate for
23002300 20 each year, compounded annually, from the date of service to
23012301 21 the date of payment.
23022302 22 Subject to the limitation in subsection (i) of this
23032303 23 Section, an alternative formula employee may elect to
23042304 24 establish eligible creditable service for up to 7 years of
23052305 25 service as a State's Attorney for which credit is not held in
23062306 26 this System or any other public employee pension fund or
23072307
23082308
23092309
23102310
23112311
23122312 SB1462 - 63 - LRB104 07532 RPS 17576 b
23132313
23142314
23152315 SB1462- 64 -LRB104 07532 RPS 17576 b SB1462 - 64 - LRB104 07532 RPS 17576 b
23162316 SB1462 - 64 - LRB104 07532 RPS 17576 b
23172317 1 retirement system. To obtain this credit, the applicant must
23182318 2 file a written application with the Board, accompanied by
23192319 3 evidence of eligibility acceptable to the Board and payment of
23202320 4 an amount to be determined by the Board, equal to (1) employee
23212321 5 contributions for the credit being established, based upon the
23222322 6 applicant's salary on the first day as an alternative formula
23232323 7 employee after the employment for which credit is being
23242324 8 established and the rates then applicable to alternative
23252325 9 formula employees, plus (2) an amount determined by the Board
23262326 10 to be the employer's normal cost of the benefits accrued for
23272327 11 the credit being established, plus (3) regular interest on the
23282328 12 amounts in items (1) and (2) from the first day as an
23292329 13 alternative formula employee after the employment for which
23302330 14 credit is being established to the date of payment.
23312331 15 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
23322332 16 102-856, eff. 1-1-23; 103-34, eff. 1-1-24.)
23332333 17 (Text of Section from P.A. 102-956 and 103-34)
23342334 18 Sec. 14-110. Alternative retirement annuity.
23352335 19 (a) Any member who has withdrawn from service with not
23362336 20 less than 20 years of eligible creditable service and has
23372337 21 attained age 55, and any member who has withdrawn from service
23382338 22 with not less than 25 years of eligible creditable service and
23392339 23 has attained age 50, regardless of whether the attainment of
23402340 24 either of the specified ages occurs while the member is still
23412341 25 in service, shall be entitled to receive at the option of the
23422342
23432343
23442344
23452345
23462346
23472347 SB1462 - 64 - LRB104 07532 RPS 17576 b
23482348
23492349
23502350 SB1462- 65 -LRB104 07532 RPS 17576 b SB1462 - 65 - LRB104 07532 RPS 17576 b
23512351 SB1462 - 65 - LRB104 07532 RPS 17576 b
23522352 1 member, in lieu of the regular or minimum retirement annuity,
23532353 2 a retirement annuity computed as follows:
23542354 3 (i) for periods of service as a noncovered employee:
23552355 4 if retirement occurs on or after January 1, 2001, 3% of
23562356 5 final average compensation for each year of creditable
23572357 6 service; if retirement occurs before January 1, 2001, 2
23582358 7 1/4% of final average compensation for each of the first
23592359 8 10 years of creditable service, 2 1/2% for each year above
23602360 9 10 years to and including 20 years of creditable service,
23612361 10 and 2 3/4% for each year of creditable service above 20
23622362 11 years; and
23632363 12 (ii) for periods of eligible creditable service as a
23642364 13 covered employee: if retirement occurs on or after January
23652365 14 1, 2001, 2.5% of final average compensation for each year
23662366 15 of creditable service; if retirement occurs before January
23672367 16 1, 2001, 1.67% of final average compensation for each of
23682368 17 the first 10 years of such service, 1.90% for each of the
23692369 18 next 10 years of such service, 2.10% for each year of such
23702370 19 service in excess of 20 but not exceeding 30, and 2.30% for
23712371 20 each year in excess of 30.
23722372 21 Such annuity shall be subject to a maximum of 75% of final
23732373 22 average compensation if retirement occurs before January 1,
23742374 23 2001 or to a maximum of 80% of final average compensation if
23752375 24 retirement occurs on or after January 1, 2001.
23762376 25 These rates shall not be applicable to any service
23772377 26 performed by a member as a covered employee which is not
23782378
23792379
23802380
23812381
23822382
23832383 SB1462 - 65 - LRB104 07532 RPS 17576 b
23842384
23852385
23862386 SB1462- 66 -LRB104 07532 RPS 17576 b SB1462 - 66 - LRB104 07532 RPS 17576 b
23872387 SB1462 - 66 - LRB104 07532 RPS 17576 b
23882388 1 eligible creditable service. Service as a covered employee
23892389 2 which is not eligible creditable service shall be subject to
23902390 3 the rates and provisions of Section 14-108.
23912391 4 (b) For the purpose of this Section, "eligible creditable
23922392 5 service" means creditable service resulting from service in
23932393 6 one or more of the following positions:
23942394 7 (1) State policeman;
23952395 8 (2) fire fighter in the fire protection service of a
23962396 9 department;
23972397 10 (3) air pilot;
23982398 11 (4) special agent;
23992399 12 (5) investigator for the Secretary of State;
24002400 13 (6) conservation police officer;
24012401 14 (7) investigator for the Department of Revenue or the
24022402 15 Illinois Gaming Board;
24032403 16 (8) security employee of the Department of Human
24042404 17 Services;
24052405 18 (9) Central Management Services security police
24062406 19 officer;
24072407 20 (10) security employee of the Department of
24082408 21 Corrections or the Department of Juvenile Justice;
24092409 22 (11) dangerous drugs investigator;
24102410 23 (12) investigator for the Illinois State Police;
24112411 24 (13) investigator for the Office of the Attorney
24122412 25 General;
24132413 26 (14) controlled substance inspector;
24142414
24152415
24162416
24172417
24182418
24192419 SB1462 - 66 - LRB104 07532 RPS 17576 b
24202420
24212421
24222422 SB1462- 67 -LRB104 07532 RPS 17576 b SB1462 - 67 - LRB104 07532 RPS 17576 b
24232423 SB1462 - 67 - LRB104 07532 RPS 17576 b
24242424 1 (15) investigator for the Office of the State's
24252425 2 Attorneys Appellate Prosecutor;
24262426 3 (16) Commerce Commission police officer;
24272427 4 (17) arson investigator;
24282428 5 (18) State highway maintenance worker;
24292429 6 (19) security employee of the Department of Innovation
24302430 7 and Technology; or
24312431 8 (20) transferred employee.
24322432 9 A person employed in one of the positions specified in
24332433 10 this subsection is entitled to eligible creditable service for
24342434 11 service credit earned under this Article while undergoing the
24352435 12 basic police training course approved by the Illinois Law
24362436 13 Enforcement Training Standards Board, if completion of that
24372437 14 training is required of persons serving in that position. For
24382438 15 the purposes of this Code, service during the required basic
24392439 16 police training course shall be deemed performance of the
24402440 17 duties of the specified position, even though the person is
24412441 18 not a sworn peace officer at the time of the training.
24422442 19 A person under paragraph (20) is entitled to eligible
24432443 20 creditable service for service credit earned under this
24442444 21 Article on and after his or her transfer by Executive Order No.
24452445 22 2003-10, Executive Order No. 2004-2, or Executive Order No.
24462446 23 2016-1.
24472447 24 (c) For the purposes of this Section:
24482448 25 (1) The term "State policeman" includes any title or
24492449 26 position in the Illinois State Police that is held by an
24502450
24512451
24522452
24532453
24542454
24552455 SB1462 - 67 - LRB104 07532 RPS 17576 b
24562456
24572457
24582458 SB1462- 68 -LRB104 07532 RPS 17576 b SB1462 - 68 - LRB104 07532 RPS 17576 b
24592459 SB1462 - 68 - LRB104 07532 RPS 17576 b
24602460 1 individual employed under the Illinois State Police Act.
24612461 2 (2) The term "fire fighter in the fire protection
24622462 3 service of a department" includes all officers in such
24632463 4 fire protection service including fire chiefs and
24642464 5 assistant fire chiefs.
24652465 6 (3) The term "air pilot" includes any employee whose
24662466 7 official job description on file in the Department of
24672467 8 Central Management Services, or in the department by which
24682468 9 he is employed if that department is not covered by the
24692469 10 Personnel Code, states that his principal duty is the
24702470 11 operation of aircraft, and who possesses a pilot's
24712471 12 license; however, the change in this definition made by
24722472 13 Public Act 83-842 shall not operate to exclude any
24732473 14 noncovered employee who was an "air pilot" for the
24742474 15 purposes of this Section on January 1, 1984.
24752475 16 (4) The term "special agent" means any person who by
24762476 17 reason of employment by the Division of Narcotic Control,
24772477 18 the Bureau of Investigation or, after July 1, 1977, the
24782478 19 Division of Criminal Investigation, the Division of
24792479 20 Internal Investigation, the Division of Operations, the
24802480 21 Division of Patrol, or any other Division or
24812481 22 organizational entity in the Illinois State Police is
24822482 23 vested by law with duties to maintain public order,
24832483 24 investigate violations of the criminal law of this State,
24842484 25 enforce the laws of this State, make arrests and recover
24852485 26 property. The term "special agent" includes any title or
24862486
24872487
24882488
24892489
24902490
24912491 SB1462 - 68 - LRB104 07532 RPS 17576 b
24922492
24932493
24942494 SB1462- 69 -LRB104 07532 RPS 17576 b SB1462 - 69 - LRB104 07532 RPS 17576 b
24952495 SB1462 - 69 - LRB104 07532 RPS 17576 b
24962496 1 position in the Illinois State Police that is held by an
24972497 2 individual employed under the Illinois State Police Act.
24982498 3 (5) The term "investigator for the Secretary of State"
24992499 4 means any person employed by the Office of the Secretary
25002500 5 of State and vested with such investigative duties as
25012501 6 render him ineligible for coverage under the Social
25022502 7 Security Act by reason of Sections 218(d)(5)(A),
25032503 8 218(d)(8)(D) and 218(l)(1) of that Act.
25042504 9 A person who became employed as an investigator for
25052505 10 the Secretary of State between January 1, 1967 and
25062506 11 December 31, 1975, and who has served as such until
25072507 12 attainment of age 60, either continuously or with a single
25082508 13 break in service of not more than 3 years duration, which
25092509 14 break terminated before January 1, 1976, shall be entitled
25102510 15 to have his retirement annuity calculated in accordance
25112511 16 with subsection (a), notwithstanding that he has less than
25122512 17 20 years of credit for such service.
25132513 18 (6) The term "Conservation Police Officer" means any
25142514 19 person employed by the Division of Law Enforcement of the
25152515 20 Department of Natural Resources and vested with such law
25162516 21 enforcement duties as render him ineligible for coverage
25172517 22 under the Social Security Act by reason of Sections
25182518 23 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
25192519 24 term "Conservation Police Officer" includes the positions
25202520 25 of Chief Conservation Police Administrator and Assistant
25212521 26 Conservation Police Administrator.
25222522
25232523
25242524
25252525
25262526
25272527 SB1462 - 69 - LRB104 07532 RPS 17576 b
25282528
25292529
25302530 SB1462- 70 -LRB104 07532 RPS 17576 b SB1462 - 70 - LRB104 07532 RPS 17576 b
25312531 SB1462 - 70 - LRB104 07532 RPS 17576 b
25322532 1 (7) The term "investigator for the Department of
25332533 2 Revenue" means any person employed by the Department of
25342534 3 Revenue and vested with such investigative duties as
25352535 4 render him ineligible for coverage under the Social
25362536 5 Security Act by reason of Sections 218(d)(5)(A),
25372537 6 218(d)(8)(D) and 218(l)(1) of that Act.
25382538 7 The term "investigator for the Illinois Gaming Board"
25392539 8 means any person employed as such by the Illinois Gaming
25402540 9 Board and vested with such peace officer duties as render
25412541 10 the person ineligible for coverage under the Social
25422542 11 Security Act by reason of Sections 218(d)(5)(A),
25432543 12 218(d)(8)(D), and 218(l)(1) of that Act.
25442544 13 (8) The term "security employee of the Department of
25452545 14 Human Services" means any person employed by the
25462546 15 Department of Human Services who (i) is employed at the
25472547 16 Chester Mental Health Center and has daily contact with
25482548 17 the residents thereof, (ii) is employed within a security
25492549 18 unit at a facility operated by the Department and has
25502550 19 daily contact with the residents of the security unit,
25512551 20 (iii) is employed at a facility operated by the Department
25522552 21 that includes a security unit and is regularly scheduled
25532553 22 to work at least 50% of his or her working hours within
25542554 23 that security unit, or (iv) is a mental health police
25552555 24 officer. "Mental health police officer" means any person
25562556 25 employed by the Department of Human Services in a position
25572557 26 pertaining to the Department's mental health and
25582558
25592559
25602560
25612561
25622562
25632563 SB1462 - 70 - LRB104 07532 RPS 17576 b
25642564
25652565
25662566 SB1462- 71 -LRB104 07532 RPS 17576 b SB1462 - 71 - LRB104 07532 RPS 17576 b
25672567 SB1462 - 71 - LRB104 07532 RPS 17576 b
25682568 1 developmental disabilities functions who is vested with
25692569 2 such law enforcement duties as render the person
25702570 3 ineligible for coverage under the Social Security Act by
25712571 4 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
25722572 5 218(l)(1) of that Act. "Security unit" means that portion
25732573 6 of a facility that is devoted to the care, containment,
25742574 7 and treatment of persons committed to the Department of
25752575 8 Human Services as sexually violent persons, persons unfit
25762576 9 to stand trial, or persons not guilty by reason of
25772577 10 insanity. With respect to past employment, references to
25782578 11 the Department of Human Services include its predecessor,
25792579 12 the Department of Mental Health and Developmental
25802580 13 Disabilities.
25812581 14 The changes made to this subdivision (c)(8) by Public
25822582 15 Act 92-14 apply to persons who retire on or after January
25832583 16 1, 2001, notwithstanding Section 1-103.1.
25842584 17 (9) "Central Management Services security police
25852585 18 officer" means any person employed by the Department of
25862586 19 Central Management Services who is vested with such law
25872587 20 enforcement duties as render him ineligible for coverage
25882588 21 under the Social Security Act by reason of Sections
25892589 22 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
25902590 23 (10) For a member who first became an employee under
25912591 24 this Article before July 1, 2005, the term "security
25922592 25 employee of the Department of Corrections or the
25932593 26 Department of Juvenile Justice" means any employee of the
25942594
25952595
25962596
25972597
25982598
25992599 SB1462 - 71 - LRB104 07532 RPS 17576 b
26002600
26012601
26022602 SB1462- 72 -LRB104 07532 RPS 17576 b SB1462 - 72 - LRB104 07532 RPS 17576 b
26032603 SB1462 - 72 - LRB104 07532 RPS 17576 b
26042604 1 Department of Corrections or the Department of Juvenile
26052605 2 Justice or the former Department of Personnel, and any
26062606 3 member or employee of the Prisoner Review Board, who has
26072607 4 daily contact with inmates or youth by working within a
26082608 5 correctional facility or Juvenile facility operated by the
26092609 6 Department of Juvenile Justice or who is a parole officer
26102610 7 or an employee who has direct contact with committed
26112611 8 persons in the performance of his or her job duties. For a
26122612 9 member who first becomes an employee under this Article on
26132613 10 or after July 1, 2005, the term means an employee of the
26142614 11 Department of Corrections or the Department of Juvenile
26152615 12 Justice who is any of the following: (i) officially
26162616 13 headquartered at a correctional facility or Juvenile
26172617 14 facility operated by the Department of Juvenile Justice,
26182618 15 (ii) a parole officer, (iii) a member of the apprehension
26192619 16 unit, (iv) a member of the intelligence unit, (v) a member
26202620 17 of the sort team, or (vi) an investigator.
26212621 18 (11) The term "dangerous drugs investigator" means any
26222622 19 person who is employed as such by the Department of Human
26232623 20 Services.
26242624 21 (12) The term "investigator for the Illinois State
26252625 22 Police" means a person employed by the Illinois State
26262626 23 Police who is vested under Section 4 of the Narcotic
26272627 24 Control Division Abolition Act with such law enforcement
26282628 25 powers as render him ineligible for coverage under the
26292629 26 Social Security Act by reason of Sections 218(d)(5)(A),
26302630
26312631
26322632
26332633
26342634
26352635 SB1462 - 72 - LRB104 07532 RPS 17576 b
26362636
26372637
26382638 SB1462- 73 -LRB104 07532 RPS 17576 b SB1462 - 73 - LRB104 07532 RPS 17576 b
26392639 SB1462 - 73 - LRB104 07532 RPS 17576 b
26402640 1 218(d)(8)(D) and 218(l)(1) of that Act.
26412641 2 (13) "Investigator for the Office of the Attorney
26422642 3 General" means any person who is employed as such by the
26432643 4 Office of the Attorney General and is vested with such
26442644 5 investigative duties as render him ineligible for coverage
26452645 6 under the Social Security Act by reason of Sections
26462646 7 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
26472647 8 the period before January 1, 1989, the term includes all
26482648 9 persons who were employed as investigators by the Office
26492649 10 of the Attorney General, without regard to social security
26502650 11 status.
26512651 12 (14) "Controlled substance inspector" means any person
26522652 13 who is employed as such by the Department of Professional
26532653 14 Regulation and is vested with such law enforcement duties
26542654 15 as render him ineligible for coverage under the Social
26552655 16 Security Act by reason of Sections 218(d)(5)(A),
26562656 17 218(d)(8)(D) and 218(l)(1) of that Act. The term
26572657 18 "controlled substance inspector" includes the Program
26582658 19 Executive of Enforcement and the Assistant Program
26592659 20 Executive of Enforcement.
26602660 21 (15) The term "investigator for the Office of the
26612661 22 State's Attorneys Appellate Prosecutor" means a person
26622662 23 employed in that capacity on a full-time basis under the
26632663 24 authority of Section 7.06 of the State's Attorneys
26642664 25 Appellate Prosecutor's Act.
26652665 26 (16) "Commerce Commission police officer" means any
26662666
26672667
26682668
26692669
26702670
26712671 SB1462 - 73 - LRB104 07532 RPS 17576 b
26722672
26732673
26742674 SB1462- 74 -LRB104 07532 RPS 17576 b SB1462 - 74 - LRB104 07532 RPS 17576 b
26752675 SB1462 - 74 - LRB104 07532 RPS 17576 b
26762676 1 person employed by the Illinois Commerce Commission who is
26772677 2 vested with such law enforcement duties as render him
26782678 3 ineligible for coverage under the Social Security Act by
26792679 4 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
26802680 5 218(l)(1) of that Act.
26812681 6 (17) "Arson investigator" means any person who is
26822682 7 employed as such by the Office of the State Fire Marshal
26832683 8 and is vested with such law enforcement duties as render
26842684 9 the person ineligible for coverage under the Social
26852685 10 Security Act by reason of Sections 218(d)(5)(A),
26862686 11 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
26872687 12 employed as an arson investigator on January 1, 1995 and
26882688 13 is no longer in service but not yet receiving a retirement
26892689 14 annuity may convert his or her creditable service for
26902690 15 employment as an arson investigator into eligible
26912691 16 creditable service by paying to the System the difference
26922692 17 between the employee contributions actually paid for that
26932693 18 service and the amounts that would have been contributed
26942694 19 if the applicant were contributing at the rate applicable
26952695 20 to persons with the same social security status earning
26962696 21 eligible creditable service on the date of application.
26972697 22 (18) The term "State highway maintenance worker" means
26982698 23 a person who is either of the following:
26992699 24 (i) A person employed on a full-time basis by the
27002700 25 Illinois Department of Transportation in the position
27012701 26 of highway maintainer, highway maintenance lead
27022702
27032703
27042704
27052705
27062706
27072707 SB1462 - 74 - LRB104 07532 RPS 17576 b
27082708
27092709
27102710 SB1462- 75 -LRB104 07532 RPS 17576 b SB1462 - 75 - LRB104 07532 RPS 17576 b
27112711 SB1462 - 75 - LRB104 07532 RPS 17576 b
27122712 1 worker, highway maintenance lead/lead worker, heavy
27132713 2 construction equipment operator, power shovel
27142714 3 operator, or bridge mechanic; and whose principal
27152715 4 responsibility is to perform, on the roadway, the
27162716 5 actual maintenance necessary to keep the highways that
27172717 6 form a part of the State highway system in serviceable
27182718 7 condition for vehicular traffic.
27192719 8 (ii) A person employed on a full-time basis by the
27202720 9 Illinois State Toll Highway Authority in the position
27212721 10 of equipment operator/laborer H-4, equipment
27222722 11 operator/laborer H-6, welder H-4, welder H-6,
27232723 12 mechanical/electrical H-4, mechanical/electrical H-6,
27242724 13 water/sewer H-4, water/sewer H-6, sign maker/hanger
27252725 14 H-4, sign maker/hanger H-6, roadway lighting H-4,
27262726 15 roadway lighting H-6, structural H-4, structural H-6,
27272727 16 painter H-4, or painter H-6; and whose principal
27282728 17 responsibility is to perform, on the roadway, the
27292729 18 actual maintenance necessary to keep the Authority's
27302730 19 tollways in serviceable condition for vehicular
27312731 20 traffic.
27322732 21 (19) The term "security employee of the Department of
27332733 22 Innovation and Technology" means a person who was a
27342734 23 security employee of the Department of Corrections or the
27352735 24 Department of Juvenile Justice, was transferred to the
27362736 25 Department of Innovation and Technology pursuant to
27372737 26 Executive Order 2016-01, and continues to perform similar
27382738
27392739
27402740
27412741
27422742
27432743 SB1462 - 75 - LRB104 07532 RPS 17576 b
27442744
27452745
27462746 SB1462- 76 -LRB104 07532 RPS 17576 b SB1462 - 76 - LRB104 07532 RPS 17576 b
27472747 SB1462 - 76 - LRB104 07532 RPS 17576 b
27482748 1 job functions under that Department.
27492749 2 (20) "Transferred employee" means an employee who was
27502750 3 transferred to the Department of Central Management
27512751 4 Services by Executive Order No. 2003-10 or Executive Order
27522752 5 No. 2004-2 or transferred to the Department of Innovation
27532753 6 and Technology by Executive Order No. 2016-1, or both, and
27542754 7 was entitled to eligible creditable service for services
27552755 8 immediately preceding the transfer.
27562756 9 (21) "State's Attorney" means a person elected or
27572757 10 appointed to serve as the State's Attorney of a county.
27582758 11 "State's Attorney" does not include an assistant State's
27592759 12 Attorney or a State's Attorney special investigator.
27602760 13 (d) A security employee of the Department of Corrections
27612761 14 or the Department of Juvenile Justice, a security employee of
27622762 15 the Department of Human Services who is not a mental health
27632763 16 police officer, and a security employee of the Department of
27642764 17 Innovation and Technology shall not be eligible for the
27652765 18 alternative retirement annuity provided by this Section unless
27662766 19 he or she meets the following minimum age and service
27672767 20 requirements at the time of retirement:
27682768 21 (i) 25 years of eligible creditable service and age
27692769 22 55; or
27702770 23 (ii) beginning January 1, 1987, 25 years of eligible
27712771 24 creditable service and age 54, or 24 years of eligible
27722772 25 creditable service and age 55; or
27732773 26 (iii) beginning January 1, 1988, 25 years of eligible
27742774
27752775
27762776
27772777
27782778
27792779 SB1462 - 76 - LRB104 07532 RPS 17576 b
27802780
27812781
27822782 SB1462- 77 -LRB104 07532 RPS 17576 b SB1462 - 77 - LRB104 07532 RPS 17576 b
27832783 SB1462 - 77 - LRB104 07532 RPS 17576 b
27842784 1 creditable service and age 53, or 23 years of eligible
27852785 2 creditable service and age 55; or
27862786 3 (iv) beginning January 1, 1989, 25 years of eligible
27872787 4 creditable service and age 52, or 22 years of eligible
27882788 5 creditable service and age 55; or
27892789 6 (v) beginning January 1, 1990, 25 years of eligible
27902790 7 creditable service and age 51, or 21 years of eligible
27912791 8 creditable service and age 55; or
27922792 9 (vi) beginning January 1, 1991, 25 years of eligible
27932793 10 creditable service and age 50, or 20 years of eligible
27942794 11 creditable service and age 55.
27952795 12 Persons who have service credit under Article 16 of this
27962796 13 Code for service as a security employee of the Department of
27972797 14 Corrections or the Department of Juvenile Justice, or the
27982798 15 Department of Human Services in a position requiring
27992799 16 certification as a teacher may count such service toward
28002800 17 establishing their eligibility under the service requirements
28012801 18 of this Section; but such service may be used only for
28022802 19 establishing such eligibility, and not for the purpose of
28032803 20 increasing or calculating any benefit.
28042804 21 (e) If a member enters military service while working in a
28052805 22 position in which eligible creditable service may be earned,
28062806 23 and returns to State service in the same or another such
28072807 24 position, and fulfills in all other respects the conditions
28082808 25 prescribed in this Article for credit for military service,
28092809 26 such military service shall be credited as eligible creditable
28102810
28112811
28122812
28132813
28142814
28152815 SB1462 - 77 - LRB104 07532 RPS 17576 b
28162816
28172817
28182818 SB1462- 78 -LRB104 07532 RPS 17576 b SB1462 - 78 - LRB104 07532 RPS 17576 b
28192819 SB1462 - 78 - LRB104 07532 RPS 17576 b
28202820 1 service for the purposes of the retirement annuity prescribed
28212821 2 in this Section.
28222822 3 (f) For purposes of calculating retirement annuities under
28232823 4 this Section, periods of service rendered after December 31,
28242824 5 1968 and before October 1, 1975 as a covered employee in the
28252825 6 position of special agent, conservation police officer, mental
28262826 7 health police officer, or investigator for the Secretary of
28272827 8 State, shall be deemed to have been service as a noncovered
28282828 9 employee, provided that the employee pays to the System prior
28292829 10 to retirement an amount equal to (1) the difference between
28302830 11 the employee contributions that would have been required for
28312831 12 such service as a noncovered employee, and the amount of
28322832 13 employee contributions actually paid, plus (2) if payment is
28332833 14 made after July 31, 1987, regular interest on the amount
28342834 15 specified in item (1) from the date of service to the date of
28352835 16 payment.
28362836 17 For purposes of calculating retirement annuities under
28372837 18 this Section, periods of service rendered after December 31,
28382838 19 1968 and before January 1, 1982 as a covered employee in the
28392839 20 position of investigator for the Department of Revenue shall
28402840 21 be deemed to have been service as a noncovered employee,
28412841 22 provided that the employee pays to the System prior to
28422842 23 retirement an amount equal to (1) the difference between the
28432843 24 employee contributions that would have been required for such
28442844 25 service as a noncovered employee, and the amount of employee
28452845 26 contributions actually paid, plus (2) if payment is made after
28462846
28472847
28482848
28492849
28502850
28512851 SB1462 - 78 - LRB104 07532 RPS 17576 b
28522852
28532853
28542854 SB1462- 79 -LRB104 07532 RPS 17576 b SB1462 - 79 - LRB104 07532 RPS 17576 b
28552855 SB1462 - 79 - LRB104 07532 RPS 17576 b
28562856 1 January 1, 1990, regular interest on the amount specified in
28572857 2 item (1) from the date of service to the date of payment.
28582858 3 (g) A State policeman may elect, not later than January 1,
28592859 4 1990, to establish eligible creditable service for up to 10
28602860 5 years of his service as a policeman under Article 3, by filing
28612861 6 a written election with the Board, accompanied by payment of
28622862 7 an amount to be determined by the Board, equal to (i) the
28632863 8 difference between the amount of employee and employer
28642864 9 contributions transferred to the System under Section 3-110.5,
28652865 10 and the amounts that would have been contributed had such
28662866 11 contributions been made at the rates applicable to State
28672867 12 policemen, plus (ii) interest thereon at the effective rate
28682868 13 for each year, compounded annually, from the date of service
28692869 14 to the date of payment.
28702870 15 Subject to the limitation in subsection (i), a State
28712871 16 policeman may elect, not later than July 1, 1993, to establish
28722872 17 eligible creditable service for up to 10 years of his service
28732873 18 as a member of the County Police Department under Article 9, by
28742874 19 filing a written election with the Board, accompanied by
28752875 20 payment of an amount to be determined by the Board, equal to
28762876 21 (i) the difference between the amount of employee and employer
28772877 22 contributions transferred to the System under Section 9-121.10
28782878 23 and the amounts that would have been contributed had those
28792879 24 contributions been made at the rates applicable to State
28802880 25 policemen, plus (ii) interest thereon at the effective rate
28812881 26 for each year, compounded annually, from the date of service
28822882
28832883
28842884
28852885
28862886
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28882888
28892889
28902890 SB1462- 80 -LRB104 07532 RPS 17576 b SB1462 - 80 - LRB104 07532 RPS 17576 b
28912891 SB1462 - 80 - LRB104 07532 RPS 17576 b
28922892 1 to the date of payment.
28932893 2 (h) Subject to the limitation in subsection (i), a State
28942894 3 policeman or investigator for the Secretary of State may elect
28952895 4 to establish eligible creditable service for up to 12 years of
28962896 5 his service as a policeman under Article 5, by filing a written
28972897 6 election with the Board on or before January 31, 1992, and
28982898 7 paying to the System by January 31, 1994 an amount to be
28992899 8 determined by the Board, equal to (i) the difference between
29002900 9 the amount of employee and employer contributions transferred
29012901 10 to the System under Section 5-236, and the amounts that would
29022902 11 have been contributed had such contributions been made at the
29032903 12 rates applicable to State policemen, plus (ii) interest
29042904 13 thereon at the effective rate for each year, compounded
29052905 14 annually, from the date of service to the date of payment.
29062906 15 Subject to the limitation in subsection (i), a State
29072907 16 policeman, conservation police officer, or investigator for
29082908 17 the Secretary of State may elect to establish eligible
29092909 18 creditable service for up to 10 years of service as a sheriff's
29102910 19 law enforcement employee under Article 7, by filing a written
29112911 20 election with the Board on or before January 31, 1993, and
29122912 21 paying to the System by January 31, 1994 an amount to be
29132913 22 determined by the Board, equal to (i) the difference between
29142914 23 the amount of employee and employer contributions transferred
29152915 24 to the System under Section 7-139.7, and the amounts that
29162916 25 would have been contributed had such contributions been made
29172917 26 at the rates applicable to State policemen, plus (ii) interest
29182918
29192919
29202920
29212921
29222922
29232923 SB1462 - 80 - LRB104 07532 RPS 17576 b
29242924
29252925
29262926 SB1462- 81 -LRB104 07532 RPS 17576 b SB1462 - 81 - LRB104 07532 RPS 17576 b
29272927 SB1462 - 81 - LRB104 07532 RPS 17576 b
29282928 1 thereon at the effective rate for each year, compounded
29292929 2 annually, from the date of service to the date of payment.
29302930 3 Subject to the limitation in subsection (i), a State
29312931 4 policeman, conservation police officer, or investigator for
29322932 5 the Secretary of State may elect to establish eligible
29332933 6 creditable service for up to 5 years of service as a police
29342934 7 officer under Article 3, a policeman under Article 5, a
29352935 8 sheriff's law enforcement employee under Article 7, a member
29362936 9 of the county police department under Article 9, or a police
29372937 10 officer under Article 15 by filing a written election with the
29382938 11 Board and paying to the System an amount to be determined by
29392939 12 the Board, equal to (i) the difference between the amount of
29402940 13 employee and employer contributions transferred to the System
29412941 14 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
29422942 15 and the amounts that would have been contributed had such
29432943 16 contributions been made at the rates applicable to State
29442944 17 policemen, plus (ii) interest thereon at the effective rate
29452945 18 for each year, compounded annually, from the date of service
29462946 19 to the date of payment.
29472947 20 Subject to the limitation in subsection (i), an
29482948 21 investigator for the Office of the Attorney General, or an
29492949 22 investigator for the Department of Revenue, may elect to
29502950 23 establish eligible creditable service for up to 5 years of
29512951 24 service as a police officer under Article 3, a policeman under
29522952 25 Article 5, a sheriff's law enforcement employee under Article
29532953 26 7, or a member of the county police department under Article 9
29542954
29552955
29562956
29572957
29582958
29592959 SB1462 - 81 - LRB104 07532 RPS 17576 b
29602960
29612961
29622962 SB1462- 82 -LRB104 07532 RPS 17576 b SB1462 - 82 - LRB104 07532 RPS 17576 b
29632963 SB1462 - 82 - LRB104 07532 RPS 17576 b
29642964 1 by filing a written election with the Board within 6 months
29652965 2 after August 25, 2009 (the effective date of Public Act
29662966 3 96-745) and paying to the System an amount to be determined by
29672967 4 the Board, equal to (i) the difference between the amount of
29682968 5 employee and employer contributions transferred to the System
29692969 6 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
29702970 7 amounts that would have been contributed had such
29712971 8 contributions been made at the rates applicable to State
29722972 9 policemen, plus (ii) interest thereon at the actuarially
29732973 10 assumed rate for each year, compounded annually, from the date
29742974 11 of service to the date of payment.
29752975 12 Subject to the limitation in subsection (i), a State
29762976 13 policeman, conservation police officer, investigator for the
29772977 14 Office of the Attorney General, an investigator for the
29782978 15 Department of Revenue, or investigator for the Secretary of
29792979 16 State may elect to establish eligible creditable service for
29802980 17 up to 5 years of service as a person employed by a
29812981 18 participating municipality to perform police duties, or law
29822982 19 enforcement officer employed on a full-time basis by a forest
29832983 20 preserve district under Article 7, a county corrections
29842984 21 officer, or a court services officer under Article 9, by
29852985 22 filing a written election with the Board within 6 months after
29862986 23 August 25, 2009 (the effective date of Public Act 96-745) and
29872987 24 paying to the System an amount to be determined by the Board,
29882988 25 equal to (i) the difference between the amount of employee and
29892989 26 employer contributions transferred to the System under
29902990
29912991
29922992
29932993
29942994
29952995 SB1462 - 82 - LRB104 07532 RPS 17576 b
29962996
29972997
29982998 SB1462- 83 -LRB104 07532 RPS 17576 b SB1462 - 83 - LRB104 07532 RPS 17576 b
29992999 SB1462 - 83 - LRB104 07532 RPS 17576 b
30003000 1 Sections 7-139.8 and 9-121.10 and the amounts that would have
30013001 2 been contributed had such contributions been made at the rates
30023002 3 applicable to State policemen, plus (ii) interest thereon at
30033003 4 the actuarially assumed rate for each year, compounded
30043004 5 annually, from the date of service to the date of payment.
30053005 6 Subject to the limitation in subsection (i), a State
30063006 7 policeman, arson investigator, or Commerce Commission police
30073007 8 officer may elect to establish eligible creditable service for
30083008 9 up to 5 years of service as a person employed by a
30093009 10 participating municipality to perform police duties under
30103010 11 Article 7, a county corrections officer, a court services
30113011 12 officer under Article 9, or a firefighter under Article 4 by
30123012 13 filing a written election with the Board within 6 months after
30133013 14 July 30, 2021 (the effective date of Public Act 102-210) and
30143014 15 paying to the System an amount to be determined by the Board
30153015 16 equal to (i) the difference between the amount of employee and
30163016 17 employer contributions transferred to the System under
30173017 18 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
30183018 19 would have been contributed had such contributions been made
30193019 20 at the rates applicable to State policemen, plus (ii) interest
30203020 21 thereon at the actuarially assumed rate for each year,
30213021 22 compounded annually, from the date of service to the date of
30223022 23 payment.
30233023 24 Subject to the limitation in subsection (i), a
30243024 25 conservation police officer may elect to establish eligible
30253025 26 creditable service for up to 5 years of service as a person
30263026
30273027
30283028
30293029
30303030
30313031 SB1462 - 83 - LRB104 07532 RPS 17576 b
30323032
30333033
30343034 SB1462- 84 -LRB104 07532 RPS 17576 b SB1462 - 84 - LRB104 07532 RPS 17576 b
30353035 SB1462 - 84 - LRB104 07532 RPS 17576 b
30363036 1 employed by a participating municipality to perform police
30373037 2 duties under Article 7, a county corrections officer, or a
30383038 3 court services officer under Article 9 by filing a written
30393039 4 election with the Board within 6 months after July 30, 2021
30403040 5 (the effective date of Public Act 102-210) and paying to the
30413041 6 System an amount to be determined by the Board equal to (i) the
30423042 7 difference between the amount of employee and employer
30433043 8 contributions transferred to the System under Sections 7-139.8
30443044 9 and 9-121.10 and the amounts that would have been contributed
30453045 10 had such contributions been made at the rates applicable to
30463046 11 State policemen, plus (ii) interest thereon at the actuarially
30473047 12 assumed rate for each year, compounded annually, from the date
30483048 13 of service to the date of payment.
30493049 14 Notwithstanding the limitation in subsection (i), a State
30503050 15 policeman or conservation police officer may elect to convert
30513051 16 service credit earned under this Article to eligible
30523052 17 creditable service, as defined by this Section, by filing a
30533053 18 written election with the Board board within 6 months after
30543054 19 July 30, 2021 (the effective date of Public Act 102-210) and
30553055 20 paying to the System an amount to be determined by the Board
30563056 21 equal to (i) the difference between the amount of employee
30573057 22 contributions originally paid for that service and the amounts
30583058 23 that would have been contributed had such contributions been
30593059 24 made at the rates applicable to State policemen, plus (ii) the
30603060 25 difference between the employer's normal cost of the credit
30613061 26 prior to the conversion authorized by the amendatory Act of
30623062
30633063
30643064
30653065
30663066
30673067 SB1462 - 84 - LRB104 07532 RPS 17576 b
30683068
30693069
30703070 SB1462- 85 -LRB104 07532 RPS 17576 b SB1462 - 85 - LRB104 07532 RPS 17576 b
30713071 SB1462 - 85 - LRB104 07532 RPS 17576 b
30723072 1 the 104th General Assembly Public Act 102-210 and the
30733073 2 employer's normal cost of the credit converted in accordance
30743074 3 with this amendatory Act of the 104th General Assembly Public
30753075 4 Act 102-210, plus (iii) interest thereon at the actuarially
30763076 5 assumed rate for each year, compounded annually, from the date
30773077 6 of service to the date of payment.
30783078 7 (i) The total amount of eligible creditable service
30793079 8 established by any person under subsections (g), (h), (j),
30803080 9 (k), (l), (l-5), (o), and (p), and (q) of this Section shall
30813081 10 not exceed 12 years.
30823082 11 (j) Subject to the limitation in subsection (i), an
30833083 12 investigator for the Office of the State's Attorneys Appellate
30843084 13 Prosecutor or a controlled substance inspector may elect to
30853085 14 establish eligible creditable service for up to 10 years of
30863086 15 his service as a policeman under Article 3 or a sheriff's law
30873087 16 enforcement employee under Article 7, by filing a written
30883088 17 election with the Board, accompanied by payment of an amount
30893089 18 to be determined by the Board, equal to (1) the difference
30903090 19 between the amount of employee and employer contributions
30913091 20 transferred to the System under Section 3-110.6 or 7-139.8,
30923092 21 and the amounts that would have been contributed had such
30933093 22 contributions been made at the rates applicable to State
30943094 23 policemen, plus (2) interest thereon at the effective rate for
30953095 24 each year, compounded annually, from the date of service to
30963096 25 the date of payment.
30973097 26 (k) Subject to the limitation in subsection (i) of this
30983098
30993099
31003100
31013101
31023102
31033103 SB1462 - 85 - LRB104 07532 RPS 17576 b
31043104
31053105
31063106 SB1462- 86 -LRB104 07532 RPS 17576 b SB1462 - 86 - LRB104 07532 RPS 17576 b
31073107 SB1462 - 86 - LRB104 07532 RPS 17576 b
31083108 1 Section, an alternative formula employee may elect to
31093109 2 establish eligible creditable service for periods spent as a
31103110 3 full-time law enforcement officer or full-time corrections
31113111 4 officer employed by the federal government or by a state or
31123112 5 local government located outside of Illinois, for which credit
31133113 6 is not held in any other public employee pension fund or
31143114 7 retirement system. To obtain this credit, the applicant must
31153115 8 file a written application with the Board by March 31, 1998,
31163116 9 accompanied by evidence of eligibility acceptable to the Board
31173117 10 and payment of an amount to be determined by the Board, equal
31183118 11 to (1) employee contributions for the credit being
31193119 12 established, based upon the applicant's salary on the first
31203120 13 day as an alternative formula employee after the employment
31213121 14 for which credit is being established and the rates then
31223122 15 applicable to alternative formula employees, plus (2) an
31233123 16 amount determined by the Board to be the employer's normal
31243124 17 cost of the benefits accrued for the credit being established,
31253125 18 plus (3) regular interest on the amounts in items (1) and (2)
31263126 19 from the first day as an alternative formula employee after
31273127 20 the employment for which credit is being established to the
31283128 21 date of payment.
31293129 22 (l) Subject to the limitation in subsection (i), a
31303130 23 security employee of the Department of Corrections may elect,
31313131 24 not later than July 1, 1998, to establish eligible creditable
31323132 25 service for up to 10 years of his or her service as a policeman
31333133 26 under Article 3, by filing a written election with the Board,
31343134
31353135
31363136
31373137
31383138
31393139 SB1462 - 86 - LRB104 07532 RPS 17576 b
31403140
31413141
31423142 SB1462- 87 -LRB104 07532 RPS 17576 b SB1462 - 87 - LRB104 07532 RPS 17576 b
31433143 SB1462 - 87 - LRB104 07532 RPS 17576 b
31443144 1 accompanied by payment of an amount to be determined by the
31453145 2 Board, equal to (i) the difference between the amount of
31463146 3 employee and employer contributions transferred to the System
31473147 4 under Section 3-110.5, and the amounts that would have been
31483148 5 contributed had such contributions been made at the rates
31493149 6 applicable to security employees of the Department of
31503150 7 Corrections, plus (ii) interest thereon at the effective rate
31513151 8 for each year, compounded annually, from the date of service
31523152 9 to the date of payment.
31533153 10 (l-5) Subject to the limitation in subsection (i) of this
31543154 11 Section, a State policeman may elect to establish eligible
31553155 12 creditable service for up to 5 years of service as a full-time
31563156 13 law enforcement officer employed by the federal government or
31573157 14 by a state or local government located outside of Illinois for
31583158 15 which credit is not held in any other public employee pension
31593159 16 fund or retirement system. To obtain this credit, the
31603160 17 applicant must file a written application with the Board no
31613161 18 later than 3 years after January 1, 2020 (the effective date of
31623162 19 Public Act 101-610), accompanied by evidence of eligibility
31633163 20 acceptable to the Board and payment of an amount to be
31643164 21 determined by the Board, equal to (1) employee contributions
31653165 22 for the credit being established, based upon the applicant's
31663166 23 salary on the first day as an alternative formula employee
31673167 24 after the employment for which credit is being established and
31683168 25 the rates then applicable to alternative formula employees,
31693169 26 plus (2) an amount determined by the Board to be the employer's
31703170
31713171
31723172
31733173
31743174
31753175 SB1462 - 87 - LRB104 07532 RPS 17576 b
31763176
31773177
31783178 SB1462- 88 -LRB104 07532 RPS 17576 b SB1462 - 88 - LRB104 07532 RPS 17576 b
31793179 SB1462 - 88 - LRB104 07532 RPS 17576 b
31803180 1 normal cost of the benefits accrued for the credit being
31813181 2 established, plus (3) regular interest on the amounts in items
31823182 3 (1) and (2) from the first day as an alternative formula
31833183 4 employee after the employment for which credit is being
31843184 5 established to the date of payment.
31853185 6 (m) The amendatory changes to this Section made by Public
31863186 7 Act 94-696 apply only to: (1) security employees of the
31873187 8 Department of Juvenile Justice employed by the Department of
31883188 9 Corrections before June 1, 2006 (the effective date of Public
31893189 10 Act 94-696) and transferred to the Department of Juvenile
31903190 11 Justice by Public Act 94-696; and (2) persons employed by the
31913191 12 Department of Juvenile Justice on or after June 1, 2006 (the
31923192 13 effective date of Public Act 94-696) who are required by
31933193 14 subsection (b) of Section 3-2.5-15 of the Unified Code of
31943194 15 Corrections to have any bachelor's or advanced degree from an
31953195 16 accredited college or university or, in the case of persons
31963196 17 who provide vocational training, who are required to have
31973197 18 adequate knowledge in the skill for which they are providing
31983198 19 the vocational training.
31993199 20 (n) A person employed in a position under subsection (b)
32003200 21 of this Section who has purchased service credit under
32013201 22 subsection (j) of Section 14-104 or subsection (b) of Section
32023202 23 14-105 in any other capacity under this Article may convert up
32033203 24 to 5 years of that service credit into service credit covered
32043204 25 under this Section by paying to the Fund an amount equal to (1)
32053205 26 the additional employee contribution required under Section
32063206
32073207
32083208
32093209
32103210
32113211 SB1462 - 88 - LRB104 07532 RPS 17576 b
32123212
32133213
32143214 SB1462- 89 -LRB104 07532 RPS 17576 b SB1462 - 89 - LRB104 07532 RPS 17576 b
32153215 SB1462 - 89 - LRB104 07532 RPS 17576 b
32163216 1 14-133, plus (2) the additional employer contribution required
32173217 2 under Section 14-131, plus (3) interest on items (1) and (2) at
32183218 3 the actuarially assumed rate from the date of the service to
32193219 4 the date of payment.
32203220 5 (o) Subject to the limitation in subsection (i), a
32213221 6 conservation police officer, investigator for the Secretary of
32223222 7 State, Commerce Commission police officer, investigator for
32233223 8 the Department of Revenue or the Illinois Gaming Board, or
32243224 9 arson investigator subject to subsection (g) of Section 1-160
32253225 10 may elect to convert up to 8 years of service credit
32263226 11 established before January 1, 2020 (the effective date of
32273227 12 Public Act 101-610) as a conservation police officer,
32283228 13 investigator for the Secretary of State, Commerce Commission
32293229 14 police officer, investigator for the Department of Revenue or
32303230 15 the Illinois Gaming Board, or arson investigator under this
32313231 16 Article into eligible creditable service by filing a written
32323232 17 election with the Board no later than one year after January 1,
32333233 18 2020 (the effective date of Public Act 101-610), accompanied
32343234 19 by payment of an amount to be determined by the Board equal to
32353235 20 (i) the difference between the amount of the employee
32363236 21 contributions actually paid for that service and the amount of
32373237 22 the employee contributions that would have been paid had the
32383238 23 employee contributions been made as a noncovered employee
32393239 24 serving in a position in which eligible creditable service, as
32403240 25 defined in this Section, may be earned, plus (ii) interest
32413241 26 thereon at the effective rate for each year, compounded
32423242
32433243
32443244
32453245
32463246
32473247 SB1462 - 89 - LRB104 07532 RPS 17576 b
32483248
32493249
32503250 SB1462- 90 -LRB104 07532 RPS 17576 b SB1462 - 90 - LRB104 07532 RPS 17576 b
32513251 SB1462 - 90 - LRB104 07532 RPS 17576 b
32523252 1 annually, from the date of service to the date of payment.
32533253 2 (p) Subject to the limitation in subsection (i), an
32543254 3 investigator for the Office of the Attorney General subject to
32553255 4 subsection (g) of Section 1-160 may elect to convert up to 8
32563256 5 years of service credit established before the effective date
32573257 6 of this amendatory Act of the 102nd General Assembly as an
32583258 7 investigator for the Office of the Attorney General under this
32593259 8 Article into eligible creditable service by filing a written
32603260 9 election with the Board no later than one year after the
32613261 10 effective date of this amendatory Act of the 102nd General
32623262 11 Assembly, accompanied by payment of an amount to be determined
32633263 12 by the Board equal to (i) the difference between the amount of
32643264 13 the employee contributions actually paid for that service and
32653265 14 the amount of the employee contributions that would have been
32663266 15 paid had the employee contributions been made as a noncovered
32673267 16 employee serving in a position in which eligible creditable
32683268 17 service, as defined in this Section, may be earned, plus (ii)
32693269 18 interest thereon at the effective rate for each year,
32703270 19 compounded annually, from the date of service to the date of
32713271 20 payment.
32723272 21 (q) Subject to the limitation in subsection (i) of this
32733273 22 Section, an alternative formula employee may elect to
32743274 23 establish eligible creditable service for up to 7 years of
32753275 24 service as a State's Attorney under Article 7 by filing a
32763276 25 written election with the Board, accompanied by payment of an
32773277 26 amount to be determined by the Board, equal to: (1) the
32783278
32793279
32803280
32813281
32823282
32833283 SB1462 - 90 - LRB104 07532 RPS 17576 b
32843284
32853285
32863286 SB1462- 91 -LRB104 07532 RPS 17576 b SB1462 - 91 - LRB104 07532 RPS 17576 b
32873287 SB1462 - 91 - LRB104 07532 RPS 17576 b
32883288 1 difference between the amount of employee and employer
32893289 2 contributions transferred to the System under Section 7-139.8
32903290 3 and the amounts that would have been contributed had such
32913291 4 contributions been made at the rates applicable to State
32923292 5 policemen; plus (2) interest thereon at the effective rate for
32933293 6 each year, compounded annually, from the date of service to
32943294 7 the date of payment.
32953295 8 Subject to the limitation in subsection (i) of this
32963296 9 Section, an alternative formula employee may elect to
32973297 10 establish eligible creditable service for up to 7 years of
32983298 11 service as a State's Attorney for which credit is not held in
32993299 12 this System or any other public employee pension fund or
33003300 13 retirement system. To obtain this credit, the applicant must
33013301 14 file a written application with the Board, accompanied by
33023302 15 evidence of eligibility acceptable to the Board and payment of
33033303 16 an amount to be determined by the Board, equal to (1) employee
33043304 17 contributions for the credit being established, based upon the
33053305 18 applicant's salary on the first day as an alternative formula
33063306 19 employee after the employment for which credit is being
33073307 20 established and the rates then applicable to alternative
33083308 21 formula employees, plus (2) an amount determined by the Board
33093309 22 to be the employer's normal cost of the benefits accrued for
33103310 23 the credit being established, plus (3) regular interest on the
33113311 24 amounts in items (1) and (2) from the first day as an
33123312 25 alternative formula employee after the employment for which
33133313 26 credit is being established to the date of payment.
33143314
33153315
33163316
33173317
33183318
33193319 SB1462 - 91 - LRB104 07532 RPS 17576 b
33203320
33213321
33223322 SB1462- 92 -LRB104 07532 RPS 17576 b SB1462 - 92 - LRB104 07532 RPS 17576 b
33233323 SB1462 - 92 - LRB104 07532 RPS 17576 b
33243324 1 (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
33253325 2 102-956, eff. 5-27-22; 103-34, eff. 1-1-24.)
33263326 3 (40 ILCS 5/14-152.1)
33273327 4 Sec. 14-152.1. Application and expiration of new benefit
33283328 5 increases.
33293329 6 (a) As used in this Section, "new benefit increase" means
33303330 7 an increase in the amount of any benefit provided under this
33313331 8 Article, or an expansion of the conditions of eligibility for
33323332 9 any benefit under this Article, that results from an amendment
33333333 10 to this Code that takes effect after June 1, 2005 (the
33343334 11 effective date of Public Act 94-4). "New benefit increase",
33353335 12 however, does not include any benefit increase resulting from
33363336 13 the changes made to Article 1 or this Article by Public Act
33373337 14 96-37, Public Act 100-23, Public Act 100-587, Public Act
33383338 15 100-611, Public Act 101-10, Public Act 101-610, Public Act
33393339 16 102-210, Public Act 102-856, Public Act 102-956, or this
33403340 17 amendatory Act of the 104th General Assembly this amendatory
33413341 18 Act of the 102nd General Assembly.
33423342 19 (b) Notwithstanding any other provision of this Code or
33433343 20 any subsequent amendment to this Code, every new benefit
33443344 21 increase is subject to this Section and shall be deemed to be
33453345 22 granted only in conformance with and contingent upon
33463346 23 compliance with the provisions of this Section.
33473347 24 (c) The Public Act enacting a new benefit increase must
33483348 25 identify and provide for payment to the System of additional
33493349
33503350
33513351
33523352
33533353
33543354 SB1462 - 92 - LRB104 07532 RPS 17576 b
33553355
33563356
33573357 SB1462- 93 -LRB104 07532 RPS 17576 b SB1462 - 93 - LRB104 07532 RPS 17576 b
33583358 SB1462 - 93 - LRB104 07532 RPS 17576 b
33593359 1 funding at least sufficient to fund the resulting annual
33603360 2 increase in cost to the System as it accrues.
33613361 3 Every new benefit increase is contingent upon the General
33623362 4 Assembly providing the additional funding required under this
33633363 5 subsection. The Commission on Government Forecasting and
33643364 6 Accountability shall analyze whether adequate additional
33653365 7 funding has been provided for the new benefit increase and
33663366 8 shall report its analysis to the Public Pension Division of
33673367 9 the Department of Insurance. A new benefit increase created by
33683368 10 a Public Act that does not include the additional funding
33693369 11 required under this subsection is null and void. If the Public
33703370 12 Pension Division determines that the additional funding
33713371 13 provided for a new benefit increase under this subsection is
33723372 14 or has become inadequate, it may so certify to the Governor and
33733373 15 the State Comptroller and, in the absence of corrective action
33743374 16 by the General Assembly, the new benefit increase shall expire
33753375 17 at the end of the fiscal year in which the certification is
33763376 18 made.
33773377 19 (d) Every new benefit increase shall expire 5 years after
33783378 20 its effective date or on such earlier date as may be specified
33793379 21 in the language enacting the new benefit increase or provided
33803380 22 under subsection (c). This does not prevent the General
33813381 23 Assembly from extending or re-creating a new benefit increase
33823382 24 by law.
33833383 25 (e) Except as otherwise provided in the language creating
33843384 26 the new benefit increase, a new benefit increase that expires
33853385
33863386
33873387
33883388
33893389
33903390 SB1462 - 93 - LRB104 07532 RPS 17576 b
33913391
33923392
33933393 SB1462- 94 -LRB104 07532 RPS 17576 b SB1462 - 94 - LRB104 07532 RPS 17576 b
33943394 SB1462 - 94 - LRB104 07532 RPS 17576 b
33953395 1 under this Section continues to apply to persons who applied
33963396 2 and qualified for the affected benefit while the new benefit
33973397 3 increase was in effect and to the affected beneficiaries and
33983398 4 alternate payees of such persons, but does not apply to any
33993399 5 other person, including, without limitation, a person who
34003400 6 continues in service after the expiration date and did not
34013401 7 apply and qualify for the affected benefit while the new
34023402 8 benefit increase was in effect.
34033403 9 (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
34043404 10 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
34053405 11 1-1-23; 102-956, eff. 5-27-22.)
34063406 12 Section 90. The State Mandates Act is amended by adding
34073407 13 Section 8.49 as follows:
34083408 14 (30 ILCS 805/8.49 new)
34093409 15 Sec. 8.49. Exempt mandate. Notwithstanding Sections 6 and
34103410 16 8 of this Act, no reimbursement by the State is required for
34113411 17 the implementation of any mandate created by this amendatory
34123412 18 Act of the 104th General Assembly.
34133413
34143414
34153415
34163416
34173417
34183418 SB1462 - 94 - LRB104 07532 RPS 17576 b