[ Back ] [ Bottom ]
91_HB1082
LRB9102040EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 3-110.6, 5-236, 7-139.8, 9-121.10, and 14-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Sections 3-110.6, 5-236, 7-139.8, 9-121.10, and
7 14-110 as follows:
8 (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
9 Sec. 3-110.6. Transfer to Article 14 System.
10 (a) Any active member of the State Employees' Retirement
11 System who is an investigator for the Office of the State's
12 Attorneys Appellate Prosecutor, an investigator for the
13 Office of the Attorney General, or a controlled substance
14 inspector may apply for transfer of some or all of his or her
15 creditable service accumulated in any police pension fund
16 under this Article to the State Employees' Retirement System
17 in accordance with Section 14-110. The creditable service
18 shall be transferred only upon payment by the police pension
19 fund to the State Employees' Retirement System of an amount
20 equal to:
21 (1) the amounts accumulated to the credit of the
22 applicant for the service to be transferred on the books
23 of the fund on the date of transfer; and
24 (2) employer contributions in an amount equal to
25 the amount determined under subparagraph (1); and
26 (3) any interest paid by the applicant in order to
27 reinstate that service.
28 Participation in the police pension fund with respect to the
29 credits transferred shall terminate on the date of transfer.
30 (b) Any such investigator or inspector may reinstate
31 service which was terminated by receipt of a refund, by
-2- LRB9102040EGfg
1 paying to the police pension fund the amount of the refund
2 with interest thereon at the rate of 6% per year, compounded
3 annually, from the date of refund to the date of payment.
4 (Source: P.A. 90-32, eff. 6-27-97.)
5 (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
6 Sec. 5-236. Transfer to Article 14.
7 (a) Until January 31, 1994, any active member of the
8 State Employees' Retirement System who is a State policeman
9 or investigator for the Secretary of State may apply for
10 transfer of his creditable service accumulated under this
11 Article to the State Employees' Retirement System. At the
12 time of the transfer the Fund shall pay to the State
13 Employees' Retirement System an amount equal to:
14 (1) the amounts accumulated to the credit of the
15 applicant on the books of the Fund on the date of
16 transfer; and
17 (2) the corresponding municipality credits,
18 including interest, on the books of the Fund on the date
19 of transfer; and
20 (3) any interest paid by the applicant in order to
21 reinstate service.
22 Participation in this Fund shall terminate on the date of
23 transfer.
24 (b) Until January 31, 1994, any such State policeman or
25 investigator for the Secretary of State may reinstate service
26 that was terminated by receipt of a refund, by paying to the
27 Fund the amount of the refund with interest thereon at the
28 rate of 6% per year, compounded annually, from the date of
29 refund to the date of payment.
30 (c) Within 30 days after the effective date of this
31 amendatory Act of 1993, any active member of the State
32 Employees' Retirement System who was earning eligible
33 creditable service under subdivision (b)(12) of Section
-3- LRB9102040EGfg
1 14-110 on January 1, 1992 and who has at least 17 years of
2 creditable service under this Article may apply for transfer
3 of his creditable service accumulated under this Article to
4 the State Employees' Retirement System. At the time of the
5 transfer the Fund shall pay to the State Employees'
6 Retirement System an amount equal to:
7 (1) the amounts accumulated to the credit of the
8 applicant on the books of the Fund on the date of
9 transfer; and
10 (2) the corresponding municipality credits,
11 including interest, on the books of the Fund on the date
12 of transfer.
13 Participation in this Fund shall terminate on the date of
14 transfer.
15 (d) Any active member of the State Employees' Retirement
16 System who is an investigator for the Office of the Attorney
17 General may apply for transfer of all or part of his or her
18 creditable service accumulated under this Article to the
19 State Employees' Retirement System in accordance with Section
20 14-110. At the time of the transfer the Fund shall pay to
21 the State Employees' Retirement System an amount equal to:
22 (1) the amounts accumulated to the credit of the
23 applicant for the service to be transferred on the books
24 of the Fund on the date of transfer; and
25 (2) the corresponding municipality credits,
26 including interest, on the books of the Fund on the date
27 of transfer; and
28 (3) any interest paid by the applicant in order to
29 reinstate that service credit.
30 Participation in this Fund with respect to the credits
31 transferred shall terminate on the date of transfer.
32 (e) Any such investigator for the Office of the Attorney
33 General may reinstate service that was terminated by receipt
34 of a refund, by paying to the Fund the amount of the refund
-4- LRB9102040EGfg
1 plus interest at the rate of 6% per year, compounded
2 annually, from the date of the refund to the date of payment.
3
4 (Source: P.A. 86-1488; 87-1265.)
5 (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
6 Sec. 7-139.8. Transfer to Article 14 System.
7 (a) Any active member of the State Employees' Retirement
8 System who is an investigator for the Office of the State's
9 Attorneys Appellate Prosecutor, an investigator for the
10 Office of the Attorney General, or a controlled substance
11 inspector may apply for transfer of some or all of his or her
12 credits and creditable service accumulated in this Fund for
13 service as a sheriff's law enforcement employee or service as
14 a municipal conservator of the peace certified under the
15 Police Training Act, to the State Employees' Retirement
16 System in accordance with Section 14-110. The creditable
17 service shall be transferred only upon payment by this Fund
18 to the State Employees' Retirement System of an amount equal
19 to:
20 (1) the amounts accumulated to the credit of the
21 applicant for the service to be transferred as a
22 sheriff's law enforcement employee, including interest;
23 and
24 (2) municipality credits based on such service,
25 including interest; and
26 (3) any interest paid by the applicant to reinstate
27 such service.
28 Participation in this Fund as to any credits transferred
29 under this Section shall terminate on the date of transfer.
30 (b) Any such investigator or inspector may reinstate
31 credits and creditable service terminated upon receipt of a
32 separation benefit, by paying to the Fund the amount of the
33 separation benefit plus interest thereon at the rate of 6%
-5- LRB9102040EGfg
1 per year to the date of payment.
2 (Source: P.A. 90-32, eff. 6-27-97.)
3 (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
4 Sec. 9-121.10. Transfer to Article 14.
5 (a) Until July 1, 1993, any active member of the State
6 Employees' Retirement System who is a State policeman may
7 apply for transfer of some or all of his creditable service
8 as a member of the County Police Department accumulated under
9 this Article to the State Employees' Retirement System. At
10 the time of the transfer the Fund shall pay to the State
11 Employees' Retirement System an amount equal to:
12 (1) the amounts accumulated to the credit of the
13 applicant on the books of the Fund on the date of
14 transfer for the service to be transferred; and
15 (2) the corresponding municipality credits,
16 including interest, on the books of the Fund on the date
17 of transfer; and
18 (3) any interest paid by the applicant in order to
19 reinstate such service.
20 Participation in this Fund with respect to the credits
21 transferred shall terminate on the date of transfer.
22 (b) Until July 1, 1993, any such State policeman may
23 reinstate credit for service as a member of the County Police
24 Department that was terminated by receipt of a refund, by
25 paying to the Fund the amount of the refund with interest
26 thereon at the rate of 6% per year, compounded annually, from
27 the date of refund to the date of payment.
28 (c) Any active member of the State Employees' Retirement
29 System who is an investigator for the Office of the Attorney
30 General may apply for transfer of some or all of his or her
31 creditable service as a member of the County Police
32 Department accumulated under this Article to the State
33 Employees' Retirement System in accordance with Section
-6- LRB9102040EGfg
1 14-110. At the time of the transfer the Fund shall pay to
2 the State Employees' Retirement System an amount equal to:
3 (1) the amounts accumulated to the credit of the
4 applicant for the service to be transferred on the books
5 of the Fund on the date of transfer; and
6 (2) the corresponding municipality credits,
7 including interest, on the books of the Fund on the date
8 of transfer; and
9 (3) any interest paid by the applicant in order to
10 reinstate such service.
11 Participation in this Fund with respect to the credits
12 transferred shall terminate on the date of transfer.
13 (d) Any such investigator for the Office of the Attorney
14 General may may reinstate credit for service as a member of
15 the County Police Department that was terminated by receipt
16 of a refund, by paying to the Fund the amount of the refund
17 plus interest at the rate of 6% per year, compounded
18 annually, from the date of the refund to the date of payment.
19
20 (Source: P.A. 87-1265.)
21 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
22 Sec. 14-110. Alternative retirement annuity.
23 (a) Any member who has withdrawn from service with not
24 less than 20 years of eligible creditable service and has
25 attained age 55, and any member who has withdrawn from
26 service with not less than 25 years of eligible creditable
27 service and has attained age 50, regardless of whether the
28 attainment of either of the specified ages occurs while the
29 member is still in service, shall be entitled to receive at
30 the option of the member, in lieu of the regular or minimum
31 retirement annuity, a retirement annuity computed as
32 follows:
33 (i) for periods of service as a noncovered
-7- LRB9102040EGfg
1 employee, 2 1/4% of final average compensation for each
2 of the first 10 years of creditable service, 2 1/2% for
3 each year above 10 years to and including 20 years of
4 creditable service, and 2 3/4% for each year of
5 creditable service above 20 years; and
6 (ii) for periods of eligible creditable service as
7 a covered employee, 1.67% of final average compensation
8 for each of the first 10 years of such service, 1.90% for
9 each of the next 10 years of such service, 2.10% for each
10 year of such service in excess of 20 but not exceeding
11 30, and 2.30% for each year in excess of 30.
12 Such annuity shall be subject to a maximum of 75% of
13 final average compensation. These rates shall not be
14 applicable to any service performed by a member as a covered
15 employee which is not eligible creditable service. Service
16 as a covered employee which is not eligible creditable
17 service shall be subject to the rates and provisions of
18 Section 14-108.
19 (b) For the purpose of this Section, "eligible
20 creditable service" means creditable service resulting from
21 service in one or more of the following positions:
22 (1) State policeman;
23 (2) fire fighter in the fire protection service of
24 a department;
25 (3) air pilot;
26 (4) special agent;
27 (5) investigator for the Secretary of State;
28 (6) conservation police officer;
29 (7) investigator for the Department of Revenue;
30 (8) security employee of the Department of Human
31 Services;
32 (9) Central Management Services security police
33 officer;
34 (10) security employee of the Department of
-8- LRB9102040EGfg
1 Corrections;
2 (11) dangerous drugs investigator;
3 (12) investigator for the Department of State
4 Police;
5 (13) investigator for the Office of the Attorney
6 General;
7 (14) controlled substance inspector;
8 (15) investigator for the Office of the State's
9 Attorneys Appellate Prosecutor;
10 (16) Commerce Commission police officer;
11 (17) arson investigator.
12 A person employed in one of the positions specified in
13 this subsection is entitled to eligible creditable service
14 for service credit earned under this Article while undergoing
15 the basic police training course approved by the Illinois
16 Local Governmental Law Enforcement Officers Training
17 Standards Board, if completion of that training is required
18 of persons serving in that position. For the purposes of
19 this Code, service during the required basic police training
20 course shall be deemed performance of the duties of the
21 specified position, even though the person is not a sworn
22 peace officer at the time of the training.
23 (c) For the purposes of this Section:
24 (1) The term "state policeman" includes any title
25 or position in the Department of State Police that is
26 held by an individual employed under the State Police
27 Act.
28 (2) The term "fire fighter in the fire protection
29 service of a department" includes all officers in such
30 fire protection service including fire chiefs and
31 assistant fire chiefs.
32 (3) The term "air pilot" includes any employee
33 whose official job description on file in the Department
34 of Central Management Services, or in the department by
-9- LRB9102040EGfg
1 which he is employed if that department is not covered by
2 the Personnel Code, states that his principal duty is the
3 operation of aircraft, and who possesses a pilot's
4 license; however, the change in this definition made by
5 this amendatory Act of 1983 shall not operate to exclude
6 any noncovered employee who was an "air pilot" for the
7 purposes of this Section on January 1, 1984.
8 (4) The term "special agent" means any person who
9 by reason of employment by the Division of Narcotic
10 Control, the Bureau of Investigation or, after July 1,
11 1977, the Division of Criminal Investigation, the
12 Division of Internal Investigation or any other Division
13 or organizational entity in the Department of State
14 Police is vested by law with duties to maintain public
15 order, investigate violations of the criminal law of this
16 State, enforce the laws of this State, make arrests and
17 recover property. The term "special agent" includes any
18 title or position in the Department of State Police that
19 is held by an individual employed under the State Police
20 Act.
21 (5) The term "investigator for the Secretary of
22 State" means any person employed by the Office of the
23 Secretary of State and vested with such investigative
24 duties as render him ineligible for coverage under the
25 Social Security Act by reason of Sections 218(d)(5)(A),
26 218(d)(8)(D) and 218(l)(1) of that Act.
27 A person who became employed as an investigator for
28 the Secretary of State between January 1, 1967 and
29 December 31, 1975, and who has served as such until
30 attainment of age 60, either continuously or with a
31 single break in service of not more than 3 years
32 duration, which break terminated before January 1, 1976,
33 shall be entitled to have his retirement annuity
34 calculated in accordance with subsection (a),
-10- LRB9102040EGfg
1 notwithstanding that he has less than 20 years of credit
2 for such service.
3 (6) The term "Conservation Police Officer" means
4 any person employed by the Division of Law Enforcement of
5 the Department of Natural Resources and vested with such
6 law enforcement duties as render him ineligible for
7 coverage under the Social Security Act by reason of
8 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
9 that Act. The term "Conservation Police Officer"
10 includes the positions of Chief Conservation Police
11 Administrator and Assistant Conservation Police
12 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
16 render him ineligible for coverage under the Social
17 Security Act by reason of Sections 218(d)(5)(A),
18 218(d)(8)(D) and 218(l)(1) of that Act.
19 (8) The term "security employee of the Department
20 of Human Services" means any person employed by the
21 Department of Human Services who is employed at the
22 Chester Mental Health Center and has daily contact with
23 the residents thereof, or who is a mental health police
24 officer. "Mental health police officer" means any person
25 employed by the Department of Human Services in a
26 position pertaining to the Department's mental health and
27 developmental disabilities functions who is vested with
28 such law enforcement duties as render the person
29 ineligible for coverage under the Social Security Act by
30 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
31 218(l)(1) of that Act.
32 (9) "Central Management Services security police
33 officer" means any person employed by the Department of
34 Central Management Services who is vested with such law
-11- LRB9102040EGfg
1 enforcement duties as render him ineligible for coverage
2 under the Social Security Act by reason of Sections
3 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
4 (10) The term "security employee of the Department
5 of Corrections" means any employee of the Department of
6 Corrections or the former Department of Personnel, and
7 any member or employee of the Prisoner Review Board, who
8 has daily contact with inmates by working within a
9 correctional facility or who is a parole officer or an
10 employee who has direct contact with committed persons in
11 the performance of his or her job duties.
12 (11) The term "dangerous drugs investigator" means
13 any person who is employed as such by the Department of
14 Human Services.
15 (12) The term "investigator for the Department of
16 State Police" means a person employed by the Department
17 of State Police who is vested under Section 4 of the
18 Narcotic Control Division Abolition Act with such law
19 enforcement powers as render him ineligible for coverage
20 under the Social Security Act by reason of Sections
21 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
22 (13) "Investigator for the Office of the Attorney
23 General" means any person who is employed as such by the
24 Office of the Attorney General and is vested with such
25 investigative duties as render him ineligible for
26 coverage under the Social Security Act by reason of
27 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
28 Act. For the period before January 1, 1989, the term
29 includes all persons who were employed as investigators
30 by the Office of the Attorney General, without regard to
31 social security status.
32 (14) "Controlled substance inspector" means any
33 person who is employed as such by the Department of
34 Professional Regulation and is vested with such law
-12- LRB9102040EGfg
1 enforcement duties as render him ineligible for coverage
2 under the Social Security Act by reason of Sections
3 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
4 The term "controlled substance inspector" includes the
5 Program Executive of Enforcement and the Assistant
6 Program Executive of Enforcement.
7 (15) The term "investigator for the Office of the
8 State's Attorneys Appellate Prosecutor" means a person
9 employed in that capacity on a full time basis under the
10 authority of Section 7.06 of the State's Attorneys
11 Appellate Prosecutor's Act.
12 (16) "Commerce Commission police officer" means any
13 person employed by the Illinois Commerce Commission who
14 is vested with such law enforcement duties as render him
15 ineligible for coverage under the Social Security Act by
16 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
17 218(l)(1) of that Act.
18 (17) "Arson investigator" means any person who is
19 employed as such by the Office of the State Fire Marshal
20 and is vested with such law enforcement duties as render
21 the person ineligible for coverage under the Social
22 Security Act by reason of Sections 218(d)(5)(A),
23 218(d)(8)(D), and 218(l)(1) of that Act. A person who
24 was employed as an arson investigator on January 1, 1995
25 and is no longer in service but not yet receiving a
26 retirement annuity may convert his or her creditable
27 service for employment as an arson investigator into
28 eligible creditable service by paying to the System the
29 difference between the employee contributions actually
30 paid for that service and the amounts that would have
31 been contributed if the applicant were contributing at
32 the rate applicable to persons with the same social
33 security status earning eligible creditable service on
34 the date of application.
-13- LRB9102040EGfg
1 (d) A security employee of the Department of
2 Corrections, and a security employee of the Department of
3 Human Services who is not a mental health police officer,
4 shall not be eligible for the alternative retirement annuity
5 provided by this Section unless he or she meets the following
6 minimum age and service requirements at the time of
7 retirement:
8 (i) 25 years of eligible creditable service and age
9 55; or
10 (ii) beginning January 1, 1987, 25 years of
11 eligible creditable service and age 54, or 24 years of
12 eligible creditable service and age 55; or
13 (iii) beginning January 1, 1988, 25 years of
14 eligible creditable service and age 53, or 23 years of
15 eligible creditable service and age 55; or
16 (iv) beginning January 1, 1989, 25 years of
17 eligible creditable service and age 52, or 22 years of
18 eligible creditable service and age 55; or
19 (v) beginning January 1, 1990, 25 years of eligible
20 creditable service and age 51, or 21 years of eligible
21 creditable service and age 55; or
22 (vi) beginning January 1, 1991, 25 years of
23 eligible creditable service and age 50, or 20 years of
24 eligible creditable service and age 55.
25 Persons who have service credit under Article 16 of this
26 Code for service as a security employee of the Department of
27 Corrections in a position requiring certification as a
28 teacher may count such service toward establishing their
29 eligibility under the service requirements of this Section;
30 but such service may be used only for establishing such
31 eligibility, and not for the purpose of increasing or
32 calculating any benefit.
33 (e) If a member enters military service while working in
34 a position in which eligible creditable service may be
-14- LRB9102040EGfg
1 earned, and returns to State service in the same or another
2 such position, and fulfills in all other respects the
3 conditions prescribed in this Article for credit for military
4 service, such military service shall be credited as eligible
5 creditable service for the purposes of the retirement annuity
6 prescribed in this Section.
7 (f) For purposes of calculating retirement annuities
8 under this Section, periods of service rendered after
9 December 31, 1968 and before October 1, 1975 as a covered
10 employee in the position of special agent, conservation
11 police officer, mental health police officer, or investigator
12 for the Secretary of State, shall be deemed to have been
13 service as a noncovered employee, provided that the employee
14 pays to the System prior to retirement an amount equal to (1)
15 the difference between the employee contributions that would
16 have been required for such service as a noncovered employee,
17 and the amount of employee contributions actually paid, plus
18 (2) if payment is made after July 31, 1987, regular interest
19 on the amount specified in item (1) from the date of service
20 to the date of payment.
21 For purposes of calculating retirement annuities under
22 this Section, periods of service rendered after December 31,
23 1968 and before January 1, 1982 as a covered employee in the
24 position of investigator for the Department of Revenue shall
25 be deemed to have been service as a noncovered employee,
26 provided that the employee pays to the System prior to
27 retirement an amount equal to (1) the difference between the
28 employee contributions that would have been required for such
29 service as a noncovered employee, and the amount of employee
30 contributions actually paid, plus (2) if payment is made
31 after January 1, 1990, regular interest on the amount
32 specified in item (1) from the date of service to the date of
33 payment.
34 (g) A State policeman may elect, not later than January
-15- LRB9102040EGfg
1 1, 1990, to establish eligible creditable service for up to
2 10 years of his service as a policeman under Article 3, by
3 filing a written election with the Board, accompanied by
4 payment of an amount to be determined by the Board, equal to
5 (i) the difference between the amount of employee and
6 employer contributions transferred to the System under
7 Section 3-110.5, and the amounts that would have been
8 contributed had such contributions been made at the rates
9 applicable to State policemen, plus (ii) interest thereon at
10 the effective rate for each year, compounded annually, from
11 the date of service to the date of payment.
12 Subject to the limitation in subsection (i), a State
13 policeman may elect, not later than July 1, 1993, to
14 establish eligible creditable service for up to 10 years of
15 his service as a member of the County Police Department under
16 Article 9, by filing a written election with the Board,
17 accompanied by payment of an amount to be determined by the
18 Board, equal to (i) the difference between the amount of
19 employee and employer contributions transferred to the System
20 under Section 9-121.10 and the amounts that would have been
21 contributed had those contributions been made at the rates
22 applicable to State policemen, plus (ii) interest thereon at
23 the effective rate for each year, compounded annually, from
24 the date of service to the date of payment.
25 (h) Subject to the limitation in subsection (i), a State
26 policeman or investigator for the Secretary of State may
27 elect to establish eligible creditable service for up to 12
28 years of his service as a policeman under Article 5, by
29 filing a written election with the Board on or before January
30 31, 1992, and paying to the System by January 31, 1994 an
31 amount to be determined by the Board, equal to (i) the
32 difference between the amount of employee and employer
33 contributions transferred to the System under Section 5-236,
34 and the amounts that would have been contributed had such
-16- LRB9102040EGfg
1 contributions been made at the rates applicable to State
2 policemen, plus (ii) interest thereon at the effective rate
3 for each year, compounded annually, from the date of service
4 to the date of payment.
5 Subject to the limitation in subsection (i), a State
6 policeman, conservation police officer, or investigator for
7 the Secretary of State may elect to establish eligible
8 creditable service for up to 10 years of service as a
9 sheriff's law enforcement employee under Article 7, by filing
10 a written election with the Board on or before January 31,
11 1993, and paying to the System by January 31, 1994 an amount
12 to be determined by the Board, equal to (i) the difference
13 between the amount of employee and employer contributions
14 transferred to the System under Section 7-139.7, and the
15 amounts that would have been contributed had such
16 contributions been made at the rates applicable to State
17 policemen, plus (ii) interest thereon at the effective rate
18 for each year, compounded annually, from the date of service
19 to the date of payment.
20 (i) The total amount of eligible creditable service
21 established by any person under subsections (g), (h), (j),
22 (k), and (l), and (m) of this Section shall not exceed 12
23 years.
24 (j) Subject to the limitation in subsection (i), an
25 investigator for the Office of the State's Attorneys
26 Appellate Prosecutor or a controlled substance inspector may
27 elect to establish eligible creditable service for up to 10
28 years of his service as a policeman under Article 3 or a
29 sheriff's law enforcement employee under Article 7, by filing
30 a written election with the Board, accompanied by payment of
31 an amount to be determined by the Board, equal to (1) the
32 difference between the amount of employee and employer
33 contributions transferred to the System under Section 3-110.6
34 or 7-139.8, and the amounts that would have been contributed
-17- LRB9102040EGfg
1 had such contributions been made at the rates applicable to
2 State policemen, plus (2) interest thereon at the effective
3 rate for each year, compounded annually, from the date of
4 service to the date of payment.
5 (k) Subject to the limitation in subsection (i) of this
6 Section, an alternative formula employee may elect to
7 establish eligible creditable service for periods spent as a
8 full-time law enforcement officer or full-time corrections
9 officer employed by the federal government or by a state or
10 local government located outside of Illinois, for which
11 credit is not held in any other public employee pension fund
12 or retirement system. To obtain this credit, the applicant
13 must file a written application with the Board by March 31,
14 1998, accompanied by evidence of eligibility acceptable to
15 the Board and payment of an amount to be determined by the
16 Board, equal to (1) employee contributions for the credit
17 being established, based upon the applicant's salary on the
18 first day as an alternative formula employee after the
19 employment for which credit is being established and the
20 rates then applicable to alternative formula employees, plus
21 (2) an amount determined by the Board to be the employer's
22 normal cost of the benefits accrued for the credit being
23 established, plus (3) regular interest on the amounts in
24 items (1) and (2) from the first day as an alternative
25 formula employee after the employment for which credit is
26 being established to the date of payment.
27 (l) Subject to the limitation in subsection (i), a
28 security employee of the Department of Corrections may elect,
29 not later than July 1, 1998, to establish eligible creditable
30 service for up to 10 years of his or her service as a
31 policeman under Article 3, by filing a written election with
32 the Board, accompanied by payment of an amount to be
33 determined by the Board, equal to (i) the difference between
34 the amount of employee and employer contributions transferred
-18- LRB9102040EGfg
1 to the System under Section 3-110.5, and the amounts that
2 would have been contributed had such contributions been made
3 at the rates applicable to security employees of the
4 Department of Corrections, plus (ii) interest thereon at the
5 effective rate for each year, compounded annually, from the
6 date of service to the date of payment.
7 (m) Subject to the limitation in subsection (i), an
8 investigator for the Office of the Attorney General may elect
9 to establish eligible creditable service for up to 12 years
10 of service as a policeman under Article 3 or 5, as a
11 sheriff's law enforcement employee or municipal conservator
12 of the peace under Article 7, or as a member of the County
13 Police Department under Article 9, by filing a written
14 election with the Board, accompanied by payment of an amount
15 to be determined by the Board, equal to (1) the difference
16 between the amount of employee and employer contributions
17 transferred to the System under Section 3-110.6, 5-236,
18 7-139.8, or 9-121.10 and the amounts that would have been
19 contributed had those contributions been made at the rates
20 applicable to State policemen, plus (2) interest thereon at
21 the effective rate for each year, compounded annually, from
22 the date of service to the date of payment.
23 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
24 89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.
[ Top ]