State of Illinois
92nd General Assembly
Legislation

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92_HB0569

 
                                               LRB9203484EGfg

 1        AN ACT in relation to 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
 5    changing Section 14-110 as follows:

 6        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
 7        Sec. 14-110.  Alternative retirement annuity.
 8        (a)  Any member who has withdrawn from service  with  not
 9    less  than  20  years  of eligible creditable service and has
10    attained age 55,  and  any  member  who  has  withdrawn  from
11    service  with  not  less than 25 years of eligible creditable
12    service and has attained age 50, regardless  of  whether  the
13    attainment  of  either of the specified ages occurs while the
14    member is still in service, shall be entitled to  receive  at
15    the  option  of the member, in lieu of the regular or minimum
16    retirement  annuity,  a  retirement   annuity   computed   as
17    follows:
18             (i)  for   periods   of   service  as  a  noncovered
19        employee, 2 1/4% of final average compensation  for  each
20        of  the  first 10 years of creditable service, 2 1/2% for
21        each year above 10 years to and  including  20  years  of
22        creditable   service,   and  2  3/4%  for  each  year  of
23        creditable service above 20 years; and
24             (ii)  for periods of eligible creditable service  as
25        a  covered  employee, 1.67% of final average compensation
26        for each of the first 10 years of such service, 1.90% for
27        each of the next 10 years of such service, 2.10% for each
28        year of such service in excess of 20  but  not  exceeding
29        30, and 2.30% for each year in excess of 30.
30        Such  annuity  shall  be  subject  to a maximum of 75% of
31    final  average  compensation.   These  rates  shall  not   be
 
                            -2-                LRB9203484EGfg
 1    applicable  to any service performed by a member as a covered
 2    employee which is not eligible creditable service.    Service
 3    as  a  covered  employee  which  is  not  eligible creditable
 4    service shall be subject  to  the  rates  and  provisions  of
 5    Section 14-108.
 6        (b)  For   the   purpose   of   this  Section,  "eligible
 7    creditable service" means creditable service  resulting  from
 8    service in one or more of the following positions:
 9             (1)  State policeman;
10             (2)  fire  fighter in the fire protection service of
11        a department;
12             (3)  air pilot;
13             (4)  special agent;
14             (5)  investigator for the Secretary of State;
15             (6)  conservation police officer;
16             (7)  investigator for the Department of Revenue;
17             (8)  security employee of the  Department  of  Human
18        Services;
19             (9)  Central  Management  Services  security  police
20        officer;
21             (10)  security   employee   of   the  Department  of
22        Corrections;
23             (11)  dangerous drugs investigator;
24             (12)  investigator  for  the  Department  of   State
25        Police;
26             (13)  investigator  for  the  Office of the Attorney
27        General;
28             (14)  controlled substance inspector;
29             (15)  investigator for the  Office  of  the  State's
30        Attorneys Appellate Prosecutor;
31             (16)  Commerce Commission police officer;
32             (17)  arson investigator.
33        A  person  employed  in one of the positions specified in
34    this subsection is entitled to  eligible  creditable  service
 
                            -3-                LRB9203484EGfg
 1    for service credit earned under this Article while undergoing
 2    the basic police training course approved by the Illinois Law
 3    Enforcement  Training  Standards Board, if completion of that
 4    training is required of persons  serving  in  that  position.
 5    For  the  purposes  of this Code, service during the required
 6    basic police training course shall be deemed  performance  of
 7    the  duties of the specified position, even though the person
 8    is not a sworn peace officer at the time of the training.
 9        (c)  For the purposes of this Section:
10             (1)  The term "state policeman" includes  any  title
11        or  position  in  the  Department of State Police that is
12        held by an individual employed  under  the  State  Police
13        Act.
14             (2)  The  term  "fire fighter in the fire protection
15        service of a department" includes all  officers  in  such
16        fire   protection   service  including  fire  chiefs  and
17        assistant fire chiefs.
18             (3)  The term  "air  pilot"  includes  any  employee
19        whose  official job description on file in the Department
20        of Central Management Services, or in the  department  by
21        which he is employed if that department is not covered by
22        the Personnel Code, states that his principal duty is the
23        operation  of  aircraft,  and  who  possesses  a  pilot's
24        license;  however,  the change in this definition made by
25        this amendatory Act of 1983 shall not operate to  exclude
26        any  noncovered  employee  who was an "air pilot" for the
27        purposes of this Section on January 1,  1984.   The  term
28        "air  pilot"  also  includes  any  person employed by the
29        Illinois Department of Transportation in the position  of
30        flight   safety   coordinator  or  Bureau  Chief  of  Air
31        Operations.
32             (4)  The term "special agent" means any  person  who
33        by  reason  of  employment  by  the  Division of Narcotic
34        Control, the Bureau of Investigation or,  after  July  1,
 
                            -4-                LRB9203484EGfg
 1        1977,   the   Division  of  Criminal  Investigation,  the
 2        Division  of  Internal  Investigation,  the  Division  of
 3        Operations,  or  any  other  Division  or  organizational
 4        entity in the Department of State Police is vested by law
 5        with  duties  to  maintain  public   order,   investigate
 6        violations of the criminal law of this State, enforce the
 7        laws  of  this  State, make arrests and recover property.
 8        The term "special agent" includes any title  or  position
 9        in  the  Department  of  State  Police that is held by an
10        individual employed under the State Police Act.
11             (5)  The term "investigator  for  the  Secretary  of
12        State"  means  any  person  employed by the Office of the
13        Secretary of State and  vested  with  such  investigative
14        duties  as  render  him ineligible for coverage under the
15        Social Security Act by reason of  Sections  218(d)(5)(A),
16        218(d)(8)(D) and 218(l)(1) of that Act.
17             A  person who became employed as an investigator for
18        the Secretary  of  State  between  January  1,  1967  and
19        December  31,  1975,  and  who  has  served as such until
20        attainment of age  60,  either  continuously  or  with  a
21        single  break  in  service  of  not  more  than  3  years
22        duration,  which break terminated before January 1, 1976,
23        shall  be  entitled  to  have  his   retirement   annuity
24        calculated     in   accordance   with   subsection   (a),
25        notwithstanding that he has less than 20 years of  credit
26        for such service.
27             (6)  The  term  "Conservation  Police Officer" means
28        any person employed by the Division of Law Enforcement of
29        the Department of Natural Resources and vested with  such
30        law  enforcement  duties  as  render  him  ineligible for
31        coverage under the  Social  Security  Act  by  reason  of
32        Sections  218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1) of
33        that  Act.   The  term  "Conservation   Police   Officer"
34        includes  the  positions  of  Chief  Conservation  Police
 
                            -5-                LRB9203484EGfg
 1        Administrator    and    Assistant   Conservation   Police
 2        Administrator.
 3             (7)  The term "investigator for  the  Department  of
 4        Revenue"  means  any person employed by the Department of
 5        Revenue and vested  with  such  investigative  duties  as
 6        render  him  ineligible  for  coverage  under  the Social
 7        Security  Act  by  reason   of   Sections   218(d)(5)(A),
 8        218(d)(8)(D) and 218(l)(1) of that Act.
 9             (8)  The  term  "security employee of the Department
10        of Human Services"  means  any  person  employed  by  the
11        Department  of  Human  Services  who  is  employed at the
12        Chester Mental Health Center and has daily  contact  with
13        the  residents  thereof, or who is a mental health police
14        officer.  "Mental health police officer" means any person
15        employed  by  the  Department  of  Human  Services  in  a
16        position pertaining to the Department's mental health and
17        developmental disabilities functions who is  vested  with
18        such   law   enforcement  duties  as  render  the  person
19        ineligible for coverage under the Social Security Act  by
20        reason   of   Sections   218(d)(5)(A),  218(d)(8)(D)  and
21        218(l)(1) of that Act.
22             (9)  "Central Management  Services  security  police
23        officer"  means  any person employed by the Department of
24        Central Management Services who is vested with  such  law
25        enforcement  duties as render him ineligible for coverage
26        under the Social  Security  Act  by  reason  of  Sections
27        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
28             (10)  The  term "security employee of the Department
29        of Corrections" means any employee of the  Department  of
30        Corrections  or  the  former Department of Personnel, and
31        any member or employee of the Prisoner Review Board,  who
32        has  daily  contact  with  inmates  by  working  within a
33        correctional facility or who is a parole  officer  or  an
34        employee who has direct contact with committed persons in
 
                            -6-                LRB9203484EGfg
 1        the performance of his or her job duties.
 2             (11)  The  term "dangerous drugs investigator" means
 3        any person who is employed as such by the  Department  of
 4        Human Services.
 5             (12)  The  term  "investigator for the Department of
 6        State Police" means a person employed by  the  Department
 7        of  State  Police  who  is  vested under Section 4 of the
 8        Narcotic Control Division Abolition  Act  with  such  law
 9        enforcement  powers as render him ineligible for coverage
10        under the Social  Security  Act  by  reason  of  Sections
11        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
12             (13)  "Investigator  for  the Office of the Attorney
13        General" means any person who is employed as such by  the
14        Office  of  the  Attorney General and is vested with such
15        investigative  duties  as  render  him   ineligible   for
16        coverage  under  the  Social  Security  Act  by reason of
17        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
18        Act.  For the period before January  1,  1989,  the  term
19        includes  all  persons who were employed as investigators
20        by the Office of the Attorney General, without regard  to
21        social security status.
22             (14)  "Controlled  substance  inspector"  means  any
23        person  who  is  employed  as  such  by the Department of
24        Professional Regulation  and  is  vested  with  such  law
25        enforcement  duties as render him ineligible for coverage
26        under the Social  Security  Act  by  reason  of  Sections
27        218(d)(5)(A),  218(d)(8)(D)  and  218(l)(1)  of that Act.
28        The term "controlled substance  inspector"  includes  the
29        Program   Executive  of  Enforcement  and  the  Assistant
30        Program Executive of Enforcement.
31             (15)  The term "investigator for the Office  of  the
32        State's  Attorneys  Appellate  Prosecutor" means a person
33        employed in that capacity on a full time basis under  the
34        authority  of  Section  7.06  of  the  State's  Attorneys
 
                            -7-                LRB9203484EGfg
 1        Appellate Prosecutor's Act.
 2             (16)  "Commerce Commission police officer" means any
 3        person  employed  by the Illinois Commerce Commission who
 4        is vested with such law enforcement duties as render  him
 5        ineligible  for coverage under the Social Security Act by
 6        reason  of  Sections  218(d)(5)(A),   218(d)(8)(D),   and
 7        218(l)(1) of that Act.
 8             (17)  "Arson  investigator"  means any person who is
 9        employed as such by the Office of the State Fire  Marshal
10        and  is vested with such law enforcement duties as render
11        the person  ineligible  for  coverage  under  the  Social
12        Security   Act   by   reason  of  Sections  218(d)(5)(A),
13        218(d)(8)(D), and 218(l)(1) of that Act.   A  person  who
14        was  employed as an arson investigator on January 1, 1995
15        and is no longer in  service  but  not  yet  receiving  a
16        retirement  annuity  may  convert  his  or her creditable
17        service for employment  as  an  arson  investigator  into
18        eligible  creditable  service by paying to the System the
19        difference between the  employee  contributions  actually
20        paid  for  that  service  and the amounts that would have
21        been contributed if the applicant  were  contributing  at
22        the  rate  applicable  to  persons  with  the same social
23        security status earning eligible  creditable  service  on
24        the date of application.
25        (d)  A   security   employee   of   the   Department   of
26    Corrections,  and  a  security  employee of the Department of
27    Human Services who is not a  mental  health  police  officer,
28    shall  not be eligible for the alternative retirement annuity
29    provided by this Section unless he or she meets the following
30    minimum  age  and  service  requirements  at  the   time   of
31    retirement:
32             (i)  25 years of eligible creditable service and age
33        55; or
34             (ii)  beginning   January   1,  1987,  25  years  of
 
                            -8-                LRB9203484EGfg
 1        eligible creditable service and age 54, or  24  years  of
 2        eligible creditable service and age 55; or
 3             (iii)  beginning   January  1,  1988,  25  years  of
 4        eligible creditable service and age 53, or  23  years  of
 5        eligible creditable service and age 55; or
 6             (iv)  beginning   January   1,  1989,  25  years  of
 7        eligible creditable service and age 52, or  22  years  of
 8        eligible creditable service and age 55; or
 9             (v)  beginning January 1, 1990, 25 years of eligible
10        creditable  service  and  age 51, or 21 years of eligible
11        creditable service and age 55; or
12             (vi)  beginning  January  1,  1991,  25   years   of
13        eligible  creditable  service  and age 50, or 20 years of
14        eligible creditable service and age 55.
15        Persons who have service credit under Article 16 of  this
16    Code  for service as a security employee of the Department of
17    Corrections  in  a  position  requiring  certification  as  a
18    teacher may count  such  service  toward  establishing  their
19    eligibility  under  the service requirements of this Section;
20    but such service may  be  used  only  for  establishing  such
21    eligibility,  and  not  for  the  purpose  of  increasing  or
22    calculating any benefit.
23        (e)  If a member enters military service while working in
24    a  position  in  which  eligible  creditable  service  may be
25    earned, and returns to State service in the same  or  another
26    such  position,  and  fulfills  in  all  other  respects  the
27    conditions prescribed in this Article for credit for military
28    service,  such military service shall be credited as eligible
29    creditable service for the purposes of the retirement annuity
30    prescribed in this Section.
31        (f)  For purposes  of  calculating  retirement  annuities
32    under   this  Section,  periods  of  service  rendered  after
33    December 31, 1968 and before October 1,  1975  as  a  covered
34    employee  in  the  position  of  special  agent, conservation
 
                            -9-                LRB9203484EGfg
 1    police officer, mental health police officer, or investigator
 2    for the Secretary of State, shall  be  deemed  to  have  been
 3    service  as a noncovered employee, provided that the employee
 4    pays to the System prior to retirement an amount equal to (1)
 5    the difference between the employee contributions that  would
 6    have been required for such service as a noncovered employee,
 7    and  the amount of employee contributions actually paid, plus
 8    (2) if payment is made after July 31, 1987, regular  interest
 9    on  the amount specified in item (1) from the date of service
10    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
15    be deemed to have been  service  as  a  noncovered  employee,
16    provided  that  the  employee  pays  to  the  System prior to
17    retirement an amount equal to (1) the difference between  the
18    employee contributions that would have been required for such
19    service  as a noncovered employee, and the amount of employee
20    contributions actually paid, plus  (2)  if  payment  is  made
21    after  January  1,  1990,  regular  interest  on  the  amount
22    specified in item (1) from the date of service to the date of
23    payment.
24        (g)  A  State policeman may elect, not later than January
25    1, 1990, to establish eligible creditable service for  up  to
26    10  years  of  his service as a policeman under Article 3, by
27    filing a written election  with  the  Board,  accompanied  by
28    payment  of an amount to be determined by the Board, equal to
29    (i)  the  difference  between  the  amount  of  employee  and
30    employer  contributions  transferred  to  the  System   under
31    Section  3-110.5,  and  the  amounts  that  would  have  been
32    contributed  had  such  contributions  been made at the rates
33    applicable to State policemen, plus (ii) interest thereon  at
34    the  effective  rate for each year, compounded annually, from
 
                            -10-               LRB9203484EGfg
 1    the date of service to the date of payment.
 2        Subject to the limitation  in  subsection  (i),  a  State
 3    policeman  may  elect,  not  later  than  July  1,  1993,  to
 4    establish  eligible  creditable service for up to 10 years of
 5    his service as a member of the County Police Department under
 6    Article 9, by filing  a  written  election  with  the  Board,
 7    accompanied  by  payment of an amount to be determined by the
 8    Board, equal to (i) the  difference  between  the  amount  of
 9    employee and employer contributions transferred to the System
10    under  Section  9-121.10 and the amounts that would have been
11    contributed had those contributions been made  at  the  rates
12    applicable  to State policemen, plus (ii) interest thereon at
13    the effective rate for each year, compounded  annually,  from
14    the date of service to the date of payment.
15        (h)  Subject to the limitation in subsection (i), a State
16    policeman  or  investigator  for  the  Secretary of State may
17    elect to establish eligible creditable service for up  to  12
18    years  of  his  service  as  a  policeman under Article 5, by
19    filing a written election with the Board on or before January
20    31, 1992, and paying to the System by  January  31,  1994  an
21    amount  to  be  determined  by  the  Board,  equal to (i) the
22    difference  between  the  amount  of  employee  and  employer
23    contributions transferred to the System under Section  5-236,
24    and  the  amounts  that  would have been contributed had such
25    contributions been made at  the  rates  applicable  to  State
26    policemen,  plus  (ii) interest thereon at the effective rate
27    for each year, compounded annually, from the date of  service
28    to the date of payment.
29        Subject  to  the  limitation  in  subsection (i), a State
30    policeman, conservation police officer, or  investigator  for
31    the  Secretary  of  State  may  elect  to  establish eligible
32    creditable service for  up  to  10  years  of  service  as  a
33    sheriff's law enforcement employee under Article 7, by filing
34    a  written  election  with the Board on or before January 31,
 
                            -11-               LRB9203484EGfg
 1    1993, and paying to the System by January 31, 1994 an  amount
 2    to  be  determined  by the Board, equal to (i) the difference
 3    between the amount of  employee  and  employer  contributions
 4    transferred  to  the  System  under  Section 7-139.7, and the
 5    amounts  that  would   have   been   contributed   had   such
 6    contributions  been  made  at  the  rates applicable to State
 7    policemen, plus (ii) interest thereon at the  effective  rate
 8    for  each year, compounded annually, from the date of service
 9    to the date of payment.
10        (i)  The total  amount  of  eligible  creditable  service
11    established  by  any  person under subsections (g), (h), (j),
12    (k), and (l) of this Section shall not exceed 12 years.
13        (j)  Subject to the  limitation  in  subsection  (i),  an
14    investigator   for   the  Office  of  the  State's  Attorneys
15    Appellate Prosecutor or a controlled substance inspector  may
16    elect  to  establish eligible creditable service for up to 10
17    years of his service as a policeman  under  Article  3  or  a
18    sheriff's law enforcement employee under Article 7, by filing
19    a  written election with the Board, accompanied by payment of
20    an amount to be determined by the Board,  equal  to  (1)  the
21    difference  between  the  amount  of  employee  and  employer
22    contributions transferred to the System under Section 3-110.6
23    or  7-139.8, and the amounts that would have been contributed
24    had such contributions been made at the rates  applicable  to
25    State  policemen,  plus (2) interest thereon at the effective
26    rate for each year, compounded annually,  from  the  date  of
27    service to the date of payment.
28        (k)  Subject  to the limitation in subsection (i) of this
29    Section,  an  alternative  formula  employee  may  elect   to
30    establish  eligible creditable service for periods spent as a
31    full-time law enforcement officer  or  full-time  corrections
32    officer  employed  by the federal government or by a state or
33    local government  located  outside  of  Illinois,  for  which
34    credit  is not held in any other public employee pension fund
 
                            -12-               LRB9203484EGfg
 1    or retirement system.  To obtain this credit,  the  applicant
 2    must  file  a written application with the Board by March 31,
 3    1998, accompanied by evidence of  eligibility  acceptable  to
 4    the  Board  and  payment of an amount to be determined by the
 5    Board, equal to (1) employee  contributions  for  the  credit
 6    being  established,  based upon the applicant's salary on the
 7    first day  as  an  alternative  formula  employee  after  the
 8    employment  for  which  credit  is  being established and the
 9    rates then applicable to alternative formula employees,  plus
10    (2)  an  amount  determined by the Board to be the employer's
11    normal cost of the benefits  accrued  for  the  credit  being
12    established,  plus  (3)  regular  interest  on the amounts in
13    items (1) and (2)  from  the  first  day  as  an  alternative
14    formula  employee  after  the  employment for which credit is
15    being established to the date of payment.
16        (l)  Subject to  the  limitation  in  subsection  (i),  a
17    security employee of the Department of Corrections may elect,
18    not later than July 1, 1998, to establish eligible creditable
19    service  for  up  to  10  years  of  his  or her service as a
20    policeman under Article 3, by filing a written election  with
21    the  Board,  accompanied  by  payment  of  an  amount  to  be
22    determined  by the Board, equal to (i) the difference between
23    the amount of employee and employer contributions transferred
24    to the System under Section 3-110.5,  and  the  amounts  that
25    would  have been contributed had such contributions been made
26    at  the  rates  applicable  to  security  employees  of   the
27    Department  of Corrections, plus (ii) interest thereon at the
28    effective rate for each year, compounded annually,  from  the
29    date of service to the date of payment.
30    (Source: P.A.  90-32,  eff.  6-27-97;  91-357,  eff. 7-29-99;
31    91-760, eff. 1-1-01.)

32        Section 99. Effective date.  This Act takes  effect  upon
33    becoming law.

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