96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2808

 

Introduced 1/28/2010, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/14-110   from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-131.1 new
40 ILCS 5/14-152.2

    Amends the State Employee Article of the Illinois Pension Code. Provides the alternative (State police) retirement formula for certain tollway employees, automotive mechanics, mechanic/autobody technicians, automotive attendants, sign hangers, and sign hanger foremen. In provisions concerning the alternative retirement formula, makes changes to reflect obsolete job designations of the Illinois State Toll Highway Authority. Requires the Illinois State Toll Highway Authority to make contributions to the System of amounts that will be sufficient to meet the cost of any additional liability created by the amendatory Act for its employees. Includes language in compliance with the new benefit increase provisions. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning public employee benefits.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Pension Code is amended by changing
5 Sections 14-110 and 14-152.2 and adding Section 14-131.1 as
6 follows:
 
7     (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
8     Sec. 14-110. Alternative retirement annuity.
9     (a) Any member who has withdrawn from service with not less
10 than 20 years of eligible creditable service and has attained
11 age 55, and any member who has withdrawn from service with not
12 less than 25 years of eligible creditable service and has
13 attained age 50, regardless of whether the attainment of either
14 of the specified ages occurs while the member is still in
15 service, shall be entitled to receive at the option of the
16 member, in lieu of the regular or minimum retirement annuity, a
17 retirement annuity computed as follows:
18         (i) for periods of service as a noncovered employee: if
19     retirement occurs on or after January 1, 2001, 3% of final
20     average compensation for each year of creditable service;
21     if retirement occurs before January 1, 2001, 2 1/4% of
22     final average compensation for each of the first 10 years
23     of creditable service, 2 1/2% for each year above 10 years

 

 

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1     to and including 20 years of creditable service, and 2 3/4%
2     for each year of creditable service above 20 years; and
3         (ii) for periods of eligible creditable service as a
4     covered employee: if retirement occurs on or after January
5     1, 2001, 2.5% of final average compensation for each year
6     of creditable service; if retirement occurs before January
7     1, 2001, 1.67% of final average compensation for each of
8     the first 10 years of such service, 1.90% for each of the
9     next 10 years of such service, 2.10% for each year of such
10     service in excess of 20 but not exceeding 30, and 2.30% for
11     each year in excess of 30.
12     Such annuity shall be subject to a maximum of 75% of final
13 average compensation if retirement occurs before January 1,
14 2001 or to a maximum of 80% of final average compensation if
15 retirement occurs on or after January 1, 2001.
16     These rates shall not be applicable to any service
17 performed by a member as a covered employee which is not
18 eligible creditable service. Service as a covered employee
19 which is not eligible creditable service shall be subject to
20 the rates and provisions of Section 14-108.
21     (b) For the purpose of this Section, "eligible creditable
22 service" means creditable service resulting from service in one
23 or more of the following positions:
24         (1) State policeman;
25         (2) fire fighter in the fire protection service of a
26     department;

 

 

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1         (3) air pilot;
2         (4) special agent;
3         (5) investigator for the Secretary of State;
4         (6) conservation police officer;
5         (7) investigator for the Department of Revenue or the
6     Illinois Gaming Board;
7         (8) security employee of the Department of Human
8     Services;
9         (9) Central Management Services security police
10     officer;
11         (10) security employee of the Department of
12     Corrections or the Department of Juvenile Justice;
13         (11) dangerous drugs investigator;
14         (12) investigator for the Department of State Police;
15         (13) investigator for the Office of the Attorney
16     General;
17         (14) controlled substance inspector;
18         (15) investigator for the Office of the State's
19     Attorneys Appellate Prosecutor;
20         (16) Commerce Commission police officer;
21         (17) arson investigator;
22         (18) State highway maintenance worker; .
23         (19) tollway employee;
24         (20) automotive mechanic;
25         (21) mechanic/autobody technician;
26         (22) automotive attendant.

 

 

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1     A person employed in one of the positions specified in this
2 subsection is entitled to eligible creditable service for
3 service credit earned under this Article while undergoing the
4 basic police training course approved by the Illinois Law
5 Enforcement Training Standards Board, if completion of that
6 training is required of persons serving in that position. For
7 the purposes of this Code, service during the required basic
8 police training course shall be deemed performance of the
9 duties of the specified position, even though the person is not
10 a sworn peace officer at the time of the training.
11     (c) For the purposes of this Section:
12         (1) The term "state policeman" includes any title or
13     position in the Department of State Police that is held by
14     an individual employed under the State Police Act.
15         (2) The term "fire fighter in the fire protection
16     service of a department" includes all officers in such fire
17     protection service including fire chiefs and assistant
18     fire chiefs.
19         (3) The term "air pilot" includes any employee whose
20     official job description on file in the Department of
21     Central Management Services, or in the department by which
22     he is employed if that department is not covered by the
23     Personnel Code, states that his principal duty is the
24     operation of aircraft, and who possesses a pilot's license;
25     however, the change in this definition made by this
26     amendatory Act of 1983 shall not operate to exclude any

 

 

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1     noncovered employee who was an "air pilot" for the purposes
2     of this Section on January 1, 1984.
3         (4) The term "special agent" means any person who by
4     reason of employment by the Division of Narcotic Control,
5     the Bureau of Investigation or, after July 1, 1977, the
6     Division of Criminal Investigation, the Division of
7     Internal Investigation, the Division of Operations, or any
8     other Division or organizational entity in the Department
9     of State Police is vested by law with duties to maintain
10     public order, investigate violations of the criminal law of
11     this State, enforce the laws of this State, make arrests
12     and recover property. The term "special agent" includes any
13     title or position in the Department of State Police that is
14     held by an individual employed under the State Police Act.
15         (5) The term "investigator for the Secretary of State"
16     means any person employed by the Office of the Secretary of
17     State and vested with such investigative duties as render
18     him ineligible for coverage under the Social Security Act
19     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
20     218(l)(1) of that Act.
21         A person who became employed as an investigator for the
22     Secretary of State between January 1, 1967 and December 31,
23     1975, and who has served as such until attainment of age
24     60, either continuously or with a single break in service
25     of not more than 3 years duration, which break terminated
26     before January 1, 1976, shall be entitled to have his

 

 

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1     retirement annuity calculated in accordance with
2     subsection (a), notwithstanding that he has less than 20
3     years of credit for such service.
4         (6) The term "Conservation Police Officer" means any
5     person employed by the Division of Law Enforcement of the
6     Department of Natural Resources and vested with such law
7     enforcement duties as render him ineligible for coverage
8     under the Social Security Act by reason of Sections
9     218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
10     term "Conservation Police Officer" includes the positions
11     of Chief Conservation Police Administrator and Assistant
12     Conservation Police Administrator.
13         (7) The term "investigator for the Department of
14     Revenue" means any person employed by the Department of
15     Revenue and vested with such investigative duties as render
16     him ineligible for coverage under the Social Security Act
17     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
18     218(l)(1) of that Act.
19         The term "investigator for the Illinois Gaming Board"
20     means any person employed as such by the Illinois Gaming
21     Board and vested with such peace officer duties as render
22     the person ineligible for coverage under the Social
23     Security Act by reason of Sections 218(d)(5)(A),
24     218(d)(8)(D), and 218(l)(1) of that Act.
25         (8) The term "security employee of the Department of
26     Human Services" means any person employed by the Department

 

 

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1     of Human Services who (i) is employed at the Chester Mental
2     Health Center and has daily contact with the residents
3     thereof, (ii) is employed within a security unit at a
4     facility operated by the Department and has daily contact
5     with the residents of the security unit, (iii) is employed
6     at a facility operated by the Department that includes a
7     security unit and is regularly scheduled to work at least
8     50% of his or her working hours within that security unit,
9     or (iv) is a mental health police officer. "Mental health
10     police officer" means any person employed by the Department
11     of Human Services in a position pertaining to the
12     Department's mental health and developmental disabilities
13     functions who is vested with such law enforcement duties as
14     render the person ineligible for coverage under the Social
15     Security Act by reason of Sections 218(d)(5)(A),
16     218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
17     means that portion of a facility that is devoted to the
18     care, containment, and treatment of persons committed to
19     the Department of Human Services as sexually violent
20     persons, persons unfit to stand trial, or persons not
21     guilty by reason of insanity. With respect to past
22     employment, references to the Department of Human Services
23     include its predecessor, the Department of Mental Health
24     and Developmental Disabilities.
25         The changes made to this subdivision (c)(8) by Public
26     Act 92-14 apply to persons who retire on or after January

 

 

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1     1, 2001, notwithstanding Section 1-103.1.
2         (9) "Central Management Services security police
3     officer" means any person employed by the Department of
4     Central Management Services who is vested with such law
5     enforcement duties as render him ineligible for coverage
6     under the Social Security Act by reason of Sections
7     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
8         (10) For a member who first became an employee under
9     this Article before July 1, 2005, the term "security
10     employee of the Department of Corrections or the Department
11     of Juvenile Justice" means any employee of the Department
12     of Corrections or the Department of Juvenile Justice or the
13     former Department of Personnel, and any member or employee
14     of the Prisoner Review Board, who has daily contact with
15     inmates or youth by working within a correctional facility
16     or Juvenile facility operated by the Department of Juvenile
17     Justice or who is a parole officer or an employee who has
18     direct contact with committed persons in the performance of
19     his or her job duties. For a member who first becomes an
20     employee under this Article on or after July 1, 2005, the
21     term means an employee of the Department of Corrections or
22     the Department of Juvenile Justice who is any of the
23     following: (i) officially headquartered at a correctional
24     facility or Juvenile facility operated by the Department of
25     Juvenile Justice, (ii) a parole officer, (iii) a member of
26     the apprehension unit, (iv) a member of the intelligence

 

 

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1     unit, (v) a member of the sort team, or (vi) an
2     investigator.
3         (11) The term "dangerous drugs investigator" means any
4     person who is employed as such by the Department of Human
5     Services.
6         (12) The term "investigator for the Department of State
7     Police" means a person employed by the Department of State
8     Police who is vested under Section 4 of the Narcotic
9     Control Division Abolition Act with such law enforcement
10     powers as render him ineligible for coverage under the
11     Social Security Act by reason of Sections 218(d)(5)(A),
12     218(d)(8)(D) and 218(l)(1) of that Act.
13         (13) "Investigator for the Office of the Attorney
14     General" means any person who is employed as such by the
15     Office of the Attorney General and is vested with such
16     investigative duties as render him ineligible for coverage
17     under the Social Security Act by reason of Sections
18     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
19     the period before January 1, 1989, the term includes all
20     persons who were employed as investigators by the Office of
21     the Attorney General, without regard to social security
22     status.
23         (14) "Controlled substance inspector" means any person
24     who is employed as such by the Department of Professional
25     Regulation and is vested with such law enforcement duties
26     as render him ineligible for coverage under the Social

 

 

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1     Security Act by reason of Sections 218(d)(5)(A),
2     218(d)(8)(D) and 218(l)(1) of that Act. The term
3     "controlled substance inspector" includes the Program
4     Executive of Enforcement and the Assistant Program
5     Executive of Enforcement.
6         (15) The term "investigator for the Office of the
7     State's Attorneys Appellate Prosecutor" means a person
8     employed in that capacity on a full time basis under the
9     authority of Section 7.06 of the State's Attorneys
10     Appellate Prosecutor's Act.
11         (16) "Commerce Commission police officer" means any
12     person employed by the Illinois Commerce Commission who is
13     vested with such law enforcement duties as render him
14     ineligible for coverage under the Social Security Act by
15     reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
16     218(l)(1) of that Act.
17         (17) "Arson investigator" means any person who is
18     employed as such by the Office of the State Fire Marshal
19     and is vested with such law enforcement duties as render
20     the person ineligible for coverage under the Social
21     Security Act by reason of Sections 218(d)(5)(A),
22     218(d)(8)(D), and 218(l)(1) of that Act. A person who was
23     employed as an arson investigator on January 1, 1995 and is
24     no longer in service but not yet receiving a retirement
25     annuity may convert his or her creditable service for
26     employment as an arson investigator into eligible

 

 

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1     creditable service by paying to the System the difference
2     between the employee contributions actually paid for that
3     service and the amounts that would have been contributed if
4     the applicant were contributing at the rate applicable to
5     persons with the same social security status earning
6     eligible creditable service on the date of application.
7         (18) The term "State highway maintenance worker" means
8     a person who is either of the following:
9             (i) A person employed on a full-time basis by the
10         Illinois Department of Transportation in the position
11         of highway maintainer, highway maintenance lead
12         worker, highway maintenance lead/lead worker, heavy
13         construction equipment operator, power shovel
14         operator, sign hanger, sign hanger foreman, or bridge
15         mechanic; and whose principal responsibility is to
16         perform, on the roadway, the actual maintenance
17         necessary to keep the highways that form a part of the
18         State highway system in serviceable condition for
19         vehicular traffic.
20             (ii) A person employed on a full-time basis by the
21         Illinois State Toll Highway Authority in the position
22         of equipment operator/laborer, equipment
23         operator/laborer H-4, equipment operator/laborer H-6,
24         welder, welder H-4, welder H-6, mechanical/electrical,
25         mechanical/electrical H-4, mechanical/electrical H-6,
26         water/sewer, water/sewer H-4, water/sewer H-6, sign

 

 

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1         maker/hanger, sign maker/hanger H-4, sign maker/hanger
2         H-6, roadway lighting, roadway lighting H-4, roadway
3         lighting H-6, structural, structural H-4, structural
4         H-6, painter, painter H-4, or painter H-6; and whose
5         principal responsibility is to perform, on the
6         roadway, the actual maintenance necessary to keep the
7         Authority's tollways in serviceable condition for
8         vehicular traffic.
9         (19) The term "tollway employee" means a person
10     employed by the Illinois State Toll Highway Authority as a
11     lane walker, senior lane walker, toll collector, senior
12     toll collector, money room truck driver, custodian II,
13     custodian III, custodian supervisor, custodian manager,
14     maintenance manager, maintenance supervisor, plaza
15     manager, plaza supervisor, sign shop manager, sign shop
16     supervisor, building maintenance manager, or roadway
17     electric manager.
18         (20) The term "automotive mechanic" means a person
19     employed as such on a full-time basis by the Illinois
20     Department of Transportation, Department of Central
21     Management Services, Illinois Department of Agriculture,
22     or Illinois State Toll Highway Authority and who is
23     assigned to retrieve or repair State vehicles on State
24     highways or tollways.
25         (21) The term "mechanic/autobody technician" means a
26     person who is employed as such on a full-time basis by the

 

 

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1     Illinois State Toll Highway Authority and who is assigned
2     to retrieve or repair State vehicles on State highways or
3     tollways.
4         (22) The term "automotive attendant" means a person who
5     is employed as such on a full-time basis by the Illinois
6     State Toll Highway Authority and who is assigned to
7     retrieve or repair State vehicles on State highways or
8     tollways.
9     (d) A security employee of the Department of Corrections or
10 the Department of Juvenile Justice, and a security employee of
11 the Department of Human Services who is not a mental health
12 police officer, shall not be eligible for the alternative
13 retirement annuity provided by this Section unless he or she
14 meets the following minimum age and service requirements at the
15 time of retirement:
16         (i) 25 years of eligible creditable service and age 55;
17     or
18         (ii) beginning January 1, 1987, 25 years of eligible
19     creditable service and age 54, or 24 years of eligible
20     creditable service and age 55; or
21         (iii) beginning January 1, 1988, 25 years of eligible
22     creditable service and age 53, or 23 years of eligible
23     creditable service and age 55; or
24         (iv) beginning January 1, 1989, 25 years of eligible
25     creditable service and age 52, or 22 years of eligible
26     creditable service and age 55; or

 

 

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1         (v) beginning January 1, 1990, 25 years of eligible
2     creditable service and age 51, or 21 years of eligible
3     creditable service and age 55; or
4         (vi) beginning January 1, 1991, 25 years of eligible
5     creditable service and age 50, or 20 years of eligible
6     creditable service and age 55.
7     Persons who have service credit under Article 16 of this
8 Code for service as a security employee of the Department of
9 Corrections or the Department of Juvenile Justice, or the
10 Department of Human Services in a position requiring
11 certification as a teacher may count such service toward
12 establishing their eligibility under the service requirements
13 of this Section; but such service may be used only for
14 establishing such eligibility, and not for the purpose of
15 increasing or calculating any benefit.
16     (e) If a member enters military service while working in a
17 position in which eligible creditable service may be earned,
18 and returns to State service in the same or another such
19 position, and fulfills in all other respects the conditions
20 prescribed in this Article for credit for military service,
21 such military service shall be credited as eligible creditable
22 service for the purposes of the retirement annuity prescribed
23 in this Section.
24     (f) For purposes of calculating retirement annuities under
25 this Section, periods of service rendered after December 31,
26 1968 and before October 1, 1975 as a covered employee in the

 

 

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1 position of special agent, conservation police officer, mental
2 health police officer, or investigator for the Secretary of
3 State, shall be deemed to have been service as a noncovered
4 employee, provided that the employee pays to the System prior
5 to retirement an amount equal to (1) the difference between the
6 employee contributions that would have been required for such
7 service as a noncovered employee, and the amount of employee
8 contributions actually paid, plus (2) if payment is made after
9 July 31, 1987, regular interest on the amount specified in item
10 (1) from the date of service to the date of payment.
11     For purposes of calculating retirement annuities under
12 this Section, periods of service rendered after December 31,
13 1968 and before January 1, 1982 as a covered employee in the
14 position of investigator for the Department of Revenue shall be
15 deemed to have been service as a noncovered employee, provided
16 that the employee pays to the System prior to retirement an
17 amount equal to (1) the difference between the employee
18 contributions that would have been required for such service as
19 a noncovered employee, and the amount of employee contributions
20 actually paid, plus (2) if payment is made after January 1,
21 1990, regular interest on the amount specified in item (1) from
22 the date of service to the date of payment.
23     (g) A State policeman may elect, not later than January 1,
24 1990, to establish eligible creditable service for up to 10
25 years of his service as a policeman under Article 3, by filing
26 a written election with the Board, accompanied by payment of an

 

 

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1 amount to be determined by the Board, equal to (i) the
2 difference between the amount of employee and employer
3 contributions transferred to the System under Section 3-110.5,
4 and the amounts that would have been contributed had such
5 contributions been made at the rates applicable to State
6 policemen, plus (ii) interest thereon at the effective rate for
7 each year, compounded annually, from the date of service to the
8 date of payment.
9     Subject to the limitation in subsection (i), a State
10 policeman may elect, not later than July 1, 1993, to establish
11 eligible creditable service for up to 10 years of his service
12 as a member of the County Police Department under Article 9, by
13 filing a written election with the Board, accompanied by
14 payment of an amount to be determined by the Board, equal to
15 (i) the difference between the amount of employee and employer
16 contributions transferred to the System under Section 9-121.10
17 and the amounts that would have been contributed had those
18 contributions been made at the rates applicable to State
19 policemen, plus (ii) interest thereon at the effective rate for
20 each year, compounded annually, from the date of service to the
21 date of payment.
22     (h) Subject to the limitation in subsection (i), a State
23 policeman or investigator for the Secretary of State may elect
24 to establish eligible creditable service for up to 12 years of
25 his service as a policeman under Article 5, by filing a written
26 election with the Board on or before January 31, 1992, and

 

 

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1 paying to the System by January 31, 1994 an amount to be
2 determined by the Board, equal to (i) the difference between
3 the amount of employee and employer contributions transferred
4 to the System under Section 5-236, and the amounts that would
5 have been contributed had such contributions been made at the
6 rates applicable to State policemen, plus (ii) interest thereon
7 at the effective rate for each year, compounded annually, from
8 the date of service to the date of payment.
9     Subject to the limitation in subsection (i), a State
10 policeman, conservation police officer, or investigator for
11 the Secretary of State may elect to establish eligible
12 creditable service for up to 10 years of service as a sheriff's
13 law enforcement employee under Article 7, by filing a written
14 election with the Board on or before January 31, 1993, and
15 paying to the System by January 31, 1994 an amount to be
16 determined by the Board, equal to (i) the difference between
17 the amount of employee and employer contributions transferred
18 to the System under Section 7-139.7, and the amounts that would
19 have been contributed had such contributions been made at the
20 rates applicable to State policemen, plus (ii) interest thereon
21 at the effective rate for each year, compounded annually, from
22 the date of service to the date of payment.
23     Subject to the limitation in subsection (i), a State
24 policeman, conservation police officer, or investigator for
25 the Secretary of State may elect to establish eligible
26 creditable service for up to 5 years of service as a police

 

 

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1 officer under Article 3, a policeman under Article 5, a
2 sheriff's law enforcement employee under Article 7, a member of
3 the county police department under Article 9, or a police
4 officer under Article 15 by filing a written election with the
5 Board and paying to the System an amount to be determined by
6 the Board, equal to (i) the difference between the amount of
7 employee and employer contributions transferred to the System
8 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
9 and the amounts that would have been contributed had such
10 contributions been made at the rates applicable to State
11 policemen, plus (ii) interest thereon at the effective rate for
12 each year, compounded annually, from the date of service to the
13 date of payment.
14     Subject to the limitation in subsection (i), an
15 investigator for the Office of the Attorney General, or an
16 investigator for the Department of Revenue, may elect to
17 establish eligible creditable service for up to 5 years of
18 service as a police officer under Article 3, a policeman under
19 Article 5, a sheriff's law enforcement employee under Article
20 7, or a member of the county police department under Article 9
21 by filing a written election with the Board within 6 months
22 after August 25, 2009 (the effective date of Public Act 96-745)
23 this amendatory Act of the 96th General Assembly and paying to
24 the System an amount to be determined by the Board, equal to
25 (i) the difference between the amount of employee and employer
26 contributions transferred to the System under Section 3-110.6,

 

 

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1 5-236, 7-139.8, or 9-121.10 and the amounts that would have
2 been contributed had such contributions been made at the rates
3 applicable to State policemen, plus (ii) interest thereon at
4 the actuarially assumed rate for each year, compounded
5 annually, from the date of service to the date of payment.
6     Subject to the limitation in subsection (i), a State
7 policeman, conservation police officer, investigator for the
8 Office of the Attorney General, an investigator for the
9 Department of Revenue, or investigator for the Secretary of
10 State may elect to establish eligible creditable service for up
11 to 5 years of service as a person employed by a participating
12 municipality to perform police duties, or law enforcement
13 officer employed on a full-time basis by a forest preserve
14 district under Article 7, a county corrections officer, or a
15 court services officer under Article 9, by filing a written
16 election with the Board within 6 months after August 25, 2009
17 (the effective date of Public Act 96-745) this amendatory Act
18 of the 96th General Assembly and paying to the System an amount
19 to be determined by the Board, equal to (i) the difference
20 between the amount of employee and employer contributions
21 transferred to the System under Sections 7-139.8 and 9-121.10
22 and the amounts that would have been contributed had such
23 contributions been made at the rates applicable to State
24 policemen, plus (ii) interest thereon at the actuarially
25 assumed rate for each year, compounded annually, from the date
26 of service to the date of payment.

 

 

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1     (i) The total amount of eligible creditable service
2 established by any person under subsections (g), (h), (j), (k),
3 and (l) of this Section shall not exceed 12 years.
4     (j) Subject to the limitation in subsection (i), an
5 investigator for the Office of the State's Attorneys Appellate
6 Prosecutor or a controlled substance inspector may elect to
7 establish eligible creditable service for up to 10 years of his
8 service as a policeman under Article 3 or a sheriff's law
9 enforcement employee under Article 7, by filing a written
10 election with the Board, accompanied by payment of an amount to
11 be determined by the Board, equal to (1) the difference between
12 the amount of employee and employer contributions transferred
13 to the System under Section 3-110.6 or 7-139.8, and the amounts
14 that would have been contributed had such contributions been
15 made at the rates applicable to State policemen, plus (2)
16 interest thereon at the effective rate for each year,
17 compounded annually, from the date of service to the date of
18 payment.
19     (k) Subject to the limitation in subsection (i) of this
20 Section, an alternative formula employee may elect to establish
21 eligible creditable service for periods spent as a full-time
22 law enforcement officer or full-time corrections officer
23 employed by the federal government or by a state or local
24 government located outside of Illinois, for which credit is not
25 held in any other public employee pension fund or retirement
26 system. To obtain this credit, the applicant must file a

 

 

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1 written application with the Board by March 31, 1998,
2 accompanied by evidence of eligibility acceptable to the Board
3 and payment of an amount to be determined by the Board, equal
4 to (1) employee contributions for the credit being established,
5 based upon the applicant's salary on the first day as an
6 alternative formula employee after the employment for which
7 credit is being established and the rates then applicable to
8 alternative formula employees, plus (2) an amount determined by
9 the Board to be the employer's normal cost of the benefits
10 accrued for the credit being established, plus (3) regular
11 interest on the amounts in items (1) and (2) from the first day
12 as an alternative formula employee after the employment for
13 which credit is being established to the date of payment.
14     (l) Subject to the limitation in subsection (i), a security
15 employee of the Department of Corrections may elect, not later
16 than July 1, 1998, to establish eligible creditable service for
17 up to 10 years of his or her service as a policeman under
18 Article 3, by filing a written election with the Board,
19 accompanied by payment of an amount to be determined by the
20 Board, equal to (i) the difference between the amount of
21 employee and employer contributions transferred to the System
22 under Section 3-110.5, and the amounts that would have been
23 contributed had such contributions been made at the rates
24 applicable to security employees of the Department of
25 Corrections, plus (ii) interest thereon at the effective rate
26 for each year, compounded annually, from the date of service to

 

 

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1 the date of payment.
2     (m) The amendatory changes to this Section made by this
3 amendatory Act of the 94th General Assembly apply only to: (1)
4 security employees of the Department of Juvenile Justice
5 employed by the Department of Corrections before the effective
6 date of this amendatory Act of the 94th General Assembly and
7 transferred to the Department of Juvenile Justice by this
8 amendatory Act of the 94th General Assembly; and (2) persons
9 employed by the Department of Juvenile Justice on or after the
10 effective date of this amendatory Act of the 94th General
11 Assembly who are required by subsection (b) of Section 3-2.5-15
12 of the Unified Code of Corrections to have a bachelor's or
13 advanced degree from an accredited college or university with a
14 specialization in criminal justice, education, psychology,
15 social work, or a closely related social science or, in the
16 case of persons who provide vocational training, who are
17 required to have adequate knowledge in the skill for which they
18 are providing the vocational training.
19     (n) A person employed in a position under subsection (b) of
20 this Section who has purchased service credit under subsection
21 (j) of Section 14-104 or subsection (b) of Section 14-105 in
22 any other capacity under this Article may convert up to 5 years
23 of that service credit into service credit covered under this
24 Section by paying to the Fund an amount equal to (1) the
25 additional employee contribution required under Section
26 14-133, plus (2) the additional employer contribution required

 

 

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1 under Section 14-131, plus (3) interest on items (1) and (2) at
2 the actuarially assumed rate from the date of the service to
3 the date of payment.
4 (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09;
5 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; revised 10-1-09.)
 
6     (40 ILCS 5/14-131.1 new)
7     Sec. 14-131.1. Contributions by the Illinois State Toll
8 Highway Authority. The Illinois State Toll Highway Authority
9 must make contributions to the System of amounts that will be
10 sufficient to meet the cost of any additional liability created
11 by this amendatory Act of the 96th General Assembly for its
12 employees. The Board shall determine the total amount of the
13 contributions required on the basis of actuarial tables and
14 other assumptions adopted by the Board and shall certify the
15 amount of the required contributions to the Governor and the
16 Illinois State Toll Highway Authority on or before November 15,
17 2009. The contributions required under this Section may be
18 amortized over a period of not more than 10 years as a level
19 dollar amount in a manner consistent with rules adopted by the
20 Board.
 
21     (40 ILCS 5/14-152.2)
22     Sec. 14-152.2. New benefit increases.
23     (a) The General Assembly finds and declares that the
24 amendment to Section 14-104 made by this amendatory Act of the

 

 

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1 95th General Assembly that allows members to establish
2 creditable service for certain participation in the University
3 of Illinois Government Public Service Internship Program
4 (GPSI) constitutes a new benefit increase within the meaning of
5 Section 14-152.1. Funding for this new benefit increase will be
6 provided by additional employee contributions under subsection
7 (r) of Section 14-104.
8     (b) The General Assembly finds and declares that the
9 amendment to Section 14-110 made by this amendatory Act of the
10 96th General Assembly that adds certain groups of employees to
11 the alternative formula constitutes a new benefit increase
12 within the meaning of Section 14-152.1. This new benefit
13 increase will expire 5 years after the effective date of this
14 amendatory Act. Funding for this new benefit increase will be
15 provided by annual contributions from the Illinois State Toll
16 Highway Authority (for employees of the Illinois State Toll
17 Highway Authority), increased employee contributions and
18 increased State contributions, beginning in FY 2010, per the
19 funding plan contained in subsection (e) of Section 14-131.
20 (Source: P.A. 95-652, eff. 10-11-07.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.