94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0945


 
Introduced 2/2/2005, by Rep. Michael K. Smith
 
SYNOPSIS AS INTRODUCED:
 		

























40 ILCS 5/3-110.6
  from Ch. 108 1/2, par. 3-110.6


40 ILCS 5/5-236
  from Ch. 108 1/2, par. 5-236


40 ILCS 5/7-139.8
  from Ch. 108 1/2, par. 7-139.8


40 ILCS 5/9-121.10
  from Ch. 108 1/2, par. 9-121.10


40 ILCS 5/14-110
  from Ch. 108 1/2, par. 14-110


40 ILCS 5/15-134.4
  from Ch. 108 1/2, par. 15-134.4



30 ILCS 805/8.29 new









    Amends the Illinois Pension Code. Provides that an active member of the State Employees' Retirement System who is
a State policeman, an investigator for the Secretary of State, or a conservation police officer may transfer to that System up to 5 years of his or her creditable service accumulated
for service in a police capacity under certain other Articles of the Code. Requires payment of the difference in contributions, plus interest. Authorizes reinstatement of certain credits previously terminated by acceptance of a refund, upon repayment of the refund, plus interest. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

















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FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











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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 changing 
5
Sections 3-110.6, 5-236, 7-139.8, 9-121.10, 14-110, and 
6
15-134.4 as follows:

 



7
    (40 ILCS 5/3-110.6)  (from Ch. 108 1/2, par. 3-110.6)



8
    Sec. 3-110.6. Transfer to Article 14 System. 

9
    (a)  Any active member of the State Employees' Retirement 
10
System who is
a State policeman, an investigator for the 
11
Secretary of State, a conservation police officer, an 
12
investigator for the Office of the State's Attorneys Appellate

13
Prosecutor, or a controlled substance inspector may apply for 
14
transfer of
some or all of his or her creditable service 
15
accumulated
in any police pension fund under this Article to 
16
the State Employees'
Retirement System in accordance with 
17
Section 14-110.  The creditable
service shall be transferred 
18
only upon payment by the police pension fund to
the State 
19
Employees' Retirement System of an amount equal to:


20
        (1) the amounts accumulated to the credit of the 
21
    applicant for the service to be transferred on the books
of 
22
    the fund on the date of transfer; and


23
        (2) employer contributions in an amount equal to the 
24
    amount determined
under subparagraph (1); and


25
        (3) any interest paid by the applicant in order to 
26
    reinstate service to be transferred.

27
Participation in the police pension fund with respect to the 
28
service to be transferred shall terminate on the date
of 
29
transfer.

30
    (b) Any person applying to transfer service under this 
31
Section
such investigator or inspector may reinstate service 
32
that
which was
terminated by receipt of a refund, by paying to 
 


 






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1
the police pension fund the
amount of the refund with interest 
2
thereon at the rate of 6% per year,
compounded annually, from 
3
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 State 
8
Employees'
Retirement System who is a State policeman, 
9
conservation police officer, or investigator for the
Secretary 
10
of State may apply for transfer of some or all of his or her

11
creditable service
accumulated under this Article to the State 
12
Employees' Retirement System in accordance with Section 
13
14-110.
At the time of the transfer the Fund shall pay to the 
14
State Employees'
Retirement System an amount equal to:


15
        (1) the amounts accumulated to the credit of the 
16
    applicant for the service to be transferred on the books
of 
17
    the Fund on the date of transfer; and


18
        (2) the corresponding municipality credits, including 
19
    interest, on the
books of the Fund on the date of transfer; 
20
    and


21
        (3) any interest paid by the applicant in order to 
22
    reinstate service to be transferred.

23
Participation in this Fund with respect to the service to be 
24
transferred shall terminate on the date of transfer.

25
    (b) Until January 31, 1994, Any such State policeman, 
26
conservation police officer, or investigator
for the Secretary 
27
of State may reinstate service that was terminated by
receipt 
28
of a refund, by paying to the Fund the amount of the refund 
29
with
interest thereon at the rate of 6% per year, compounded 
30
annually, from the
date of refund to the date of payment.

31
    (c) Within 30 days after the effective date of this 
32
amendatory Act of
1993, any active member of the State 
33
Employees' Retirement System who was
earning eligible 
34
creditable service under subdivision (b)(12) of Section
14-110 
35
on January 1, 1992 and who has at least 17 years of creditable

 


 






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service under this Article may apply for transfer of his 
2
creditable service
accumulated under this Article to the State 
3
Employees' Retirement System.
At the time of the transfer the 
4
Fund shall pay to the State Employees'
Retirement System an 
5
amount equal to:


6
        (1) the amounts accumulated to the credit of the 
7
    applicant on the books
of the Fund on the date of transfer; 
8
    and


9
        (2) the corresponding municipality credits, including 
10
    interest, on the
books of the Fund on the date of transfer.

11
Participation in this Fund shall terminate on the date of 
12
transfer.

13
(Source: P.A. 86-1488; 87-1265.)

 



14
    (40 ILCS 5/7-139.8)  (from Ch. 108 1/2, par. 7-139.8)



15
    Sec. 7-139.8. Transfer to Article 14 System. 

16
    (a) Any active member of the State Employees' Retirement 
17
System who is a State policeman, an investigator for the 
18
Secretary of State, a conservation police officer, an

19
investigator for the Office of the State's Attorneys Appellate 
20
Prosecutor,
or a controlled substance inspector
may apply for 
21
transfer of some or all of his or her credits and creditable 
22
service
accumulated in this Fund for service as a sheriff's law 
23
enforcement
employee to the State Employees' Retirement System 
24
in accordance with
Section 14-110.  The creditable service shall 
25
be transferred only upon payment
by this Fund to the State 
26
Employees' Retirement System of an amount equal to:


27
        (1) the amounts accumulated to the credit of the 
28
    applicant for the service
to be transferred
as a sheriff's 
29
    law enforcement employee, including interest; and


30
        (2) municipality credits based on such service, 
31
    including interest; and


32
        (3) any interest paid by the applicant to reinstate 
33
    such service.

34
Participation in this Fund as to any credits transferred under 
35
this
Section shall terminate on the date of transfer.

 


 






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1
    (b) Any person applying to transfer service under this 
2
Section
such investigator or inspector may reinstate credits 
3
and
creditable service terminated upon receipt of a separation 
4
benefit, by paying
to the Fund the amount of the separation 
5
benefit plus interest thereon at the
rate of 6% per year to the 
6
date of payment.

7
(Source: P.A. 90-32, eff. 6-27-97.)

 



8
    (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)



9
    Sec. 9-121.10. Transfer to Article 14. 

10
    (a) Until July 1, 1993, Any active member of the State 
11
Employees'
Retirement System who is a State policeman, 
12
investigator for the Secretary of State, or conservation police 
13
officer may apply for transfer of some
or all of his creditable 
14
service as a member of the County Police
Department accumulated 
15
under this Article to the State Employees'
Retirement System in 
16
accordance with Section 14-110.  At the time of the transfer the 
17
Fund shall pay to the
State Employees' Retirement System an 
18
amount equal to:


19
        (1) the amounts accumulated to the credit of the 
20
    applicant on the
books of the Fund on the date of transfer 
21
    for the service to be
transferred; and


22
        (2) the corresponding municipality credits, including 
23
    interest, on the
books of the Fund on the date of transfer; 
24
    and


25
        (3) any interest paid by the applicant in order to 
26
    reinstate such service.

27
Participation in this Fund with respect to the credits 
28
transferred shall
terminate on the date of transfer.

29
    (b) Any person applying to transfer service under this 
30
Section
Until July 1, 1993, any such State policeman
may 
31
reinstate credit for service as a member of the County Police

32
Department that was terminated by receipt of a refund, by 
33
paying to the
Fund the amount of the refund with interest 
34
thereon at the rate of 6% per
year, compounded annually, from 
35
the date of refund to the date of payment.

 


 






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1
(Source: P.A. 87-1265.)

 



2
    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)



3
    Sec. 14-110. Alternative retirement annuity. 

4
    (a) Any member who has withdrawn from service with not less 
5
than 20
years of eligible creditable service and has attained 
6
age 55, and any
member who has withdrawn from service with not 
7
less than 25 years of
eligible creditable service and has 
8
attained age 50, regardless of whether
the attainment of either 
9
of the specified ages occurs while the member is
still in 
10
service, shall be entitled to receive at the option of the 
11
member,
in lieu of the regular or minimum retirement annuity, a 
12
retirement  annuity
computed as follows:


13
        (i) for periods of service as a noncovered employee:
if 
14
    retirement occurs on or after January 1, 2001, 3% of final

15
    average compensation for each year of creditable service; 
16
    if retirement occurs
before January 1, 2001, 2 1/4% of 
17
    final average compensation for each of the
first 10 years 
18
    of creditable service, 2 1/2% for each year above 10 years 
19
    to
and including 20 years of creditable service, and 2 3/4% 
20
    for each year of
creditable service above 20 years; and


21
        (ii) for periods of eligible creditable service as a 
22
    covered employee:
if retirement occurs on or after January 
23
    1, 2001, 2.5% of final average
compensation for each year 
24
    of creditable service; if retirement occurs before
January 
25
    1, 2001, 1.67% of final average compensation for each of 
26
    the first
10 years of such service, 1.90% for each of the 
27
    next 10 years of such service,
2.10% for each year of such 
28
    service in excess of 20 but not exceeding 30, and
2.30% for 
29
    each year in excess of 30.

30
    Such annuity shall be subject to a maximum of 75% of final 
31
average
compensation if retirement occurs before January 1, 
32
2001 or to a maximum
of 80% of final average compensation if 
33
retirement occurs on or after January
1, 2001.

34
    These rates shall not be applicable to any service 
35
performed
by a member as a covered employee which is not 
 


 






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1
eligible creditable service.
 Service as a covered employee 
2
which is not eligible creditable service
shall be subject to 
3
the rates and provisions of Section 14-108.

4
    (b) For the purpose of this Section, "eligible creditable 
5
service" means
creditable service resulting from service in one 
6
or more of the following
positions:


7
        (1) State policeman;


8
        (2) fire fighter in the fire protection service of a 
9
    department;


10
        (3) air pilot;


11
        (4) special agent;


12
        (5) investigator for the Secretary of State;


13
        (6) conservation police officer;


14
        (7) investigator for the Department of Revenue;


15
        (8) security employee of the Department of Human 
16
    Services;


17
        (9) Central Management Services security police 
18
    officer;


19
        (10) security employee of the Department of 
20
    Corrections;


21
        (11) dangerous drugs investigator;


22
        (12) investigator for the Department of State Police;


23
        (13) investigator for the Office of the Attorney 
24
    General;


25
        (14) controlled substance inspector;


26
        (15) investigator for the Office of the State's 
27
    Attorneys Appellate
Prosecutor;


28
        (16) Commerce Commission police officer;


29
        (17) arson investigator;


30
        (18) State highway maintenance worker.

31
    A person employed in one of the positions specified in this 
32
subsection is
entitled to eligible creditable service for 
33
service credit earned under this
Article while undergoing the 
34
basic police training course approved by the
Illinois Law 
35
Enforcement Training
Standards Board, if
completion of that 
36
training is required of persons serving in that position.
For 
 


 






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1
the purposes of this Code, service during the required basic 
2
police
training course shall be deemed performance of the 
3
duties of the specified
position, even though the person is not 
4
a sworn peace officer at the time of
the training.

5
    (c) For the purposes of this Section:


6
        (1) The term "state policeman" includes any title or 
7
    position
in the Department of State Police that is held by 
8
    an individual employed
under the State Police Act.


9
        (2) The term "fire fighter in the fire protection 
10
    service of a
department" includes all officers in such fire 
11
    protection service
including fire chiefs and assistant 
12
    fire chiefs.


13
        (3) The term "air pilot" includes any employee whose 
14
    official job
description on file in the Department of 
15
    Central Management Services, or
in the department by which 
16
    he is employed if that department is not covered
by the 
17
    Personnel Code, states that his principal duty is the 
18
    operation of
aircraft, and who possesses a pilot's license; 
19
    however, the change in this
definition made by this 
20
    amendatory Act of 1983 shall not operate to exclude
any 
21
    noncovered employee who was an "air pilot" for the purposes 
22
    of this
Section on January 1, 1984.


23
        (4) The term "special agent" means any person who by 
24
    reason of
employment by the Division of Narcotic Control, 
25
    the Bureau of Investigation
or, after July 1, 1977, the 
26
    Division of Criminal Investigation, the
Division of 
27
    Internal Investigation, the Division of Operations, or any

28
    other Division or organizational
entity in the Department 
29
    of State Police is vested by law with duties to
maintain 
30
    public order, investigate violations of the criminal law of 
31
    this
State, enforce the laws of this State, make arrests 
32
    and recover property.
The term "special agent" includes any 
33
    title or position in the Department
of State Police that is 
34
    held by an individual employed under the State
Police Act.


35
        (5) The term "investigator for the Secretary of State" 
36
    means any person
employed by the Office of the Secretary of 
 


 






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1
    State and vested with such
investigative duties as render 
2
    him ineligible for coverage under the Social
Security Act 
3
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
4
    218(l)(1)
of that Act.


5
        A person who became employed as an investigator for the 
6
    Secretary of
State between January 1, 1967 and December 31, 
7
    1975, and who has served as
such until attainment of age 
8
    60, either continuously or with a single break
in service 
9
    of not more than 3 years duration, which break terminated 
10
    before
January 1, 1976, shall be entitled to have his 
11
    retirement annuity
calculated  in accordance with 
12
    subsection (a), notwithstanding
that he has less than 20 
13
    years of credit for such service.


14
        (6) The term "Conservation Police Officer" means any 
15
    person employed
by the Division of Law Enforcement of the 
16
    Department of Natural Resources and
vested with such law 
17
    enforcement duties as render him ineligible for coverage

18
    under the Social Security Act by reason of Sections 
19
    218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act.  The 
20
    term "Conservation Police Officer" includes
the positions 
21
    of Chief Conservation Police Administrator and Assistant

22
    Conservation Police Administrator.


23
        (7) The term "investigator for the Department of 
24
    Revenue" means any
person employed by the Department of 
25
    Revenue and vested with such
investigative duties as render 
26
    him ineligible for coverage under the Social
Security Act 
27
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
28
    218(l)(1)
of that Act.


29
        (8) The term "security employee of the Department of 
30
    Human Services"
means any person employed by the Department 
31
    of Human Services who (i) is
employed at the Chester Mental 
32
    Health Center and has daily contact with the
residents 
33
    thereof, (ii) is employed within a security unit at a 
34
    facility
operated by the Department and has daily contact 
35
    with the residents of the
security unit, (iii) is employed 
36
    at a facility operated by the Department
that includes a 
 


 






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1
    security unit and is regularly scheduled to work at least

2
    50% of his or her working hours within that security unit, 
3
    or (iv) is a mental health police officer.
"Mental health 
4
    police officer" means any person employed by the Department 
5
    of
Human Services in a position pertaining to the 
6
    Department's mental health and
developmental disabilities 
7
    functions who is vested with such law enforcement
duties as 
8
    render the person ineligible for coverage under the Social 
9
    Security
Act by reason of Sections 218(d)(5)(A), 
10
    218(d)(8)(D) and 218(l)(1) of that
Act.  "Security unit" 
11
    means that portion of a facility that is devoted to
the 
12
    care, containment, and treatment of persons committed to 
13
    the Department of
Human Services as sexually violent 
14
    persons, persons unfit to stand trial, or
persons not 
15
    guilty by reason of insanity.  With respect to past 
16
    employment,
references to the Department of Human Services 
17
    include its predecessor, the
Department of Mental Health 
18
    and Developmental Disabilities.


19
        The changes made to this subdivision (c)(8) by Public 
20
    Act 92-14 apply to persons who retire on or after January 
21
    1,
2001, notwithstanding Section 1-103.1.


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 of 
29
    Corrections"
means any employee of the Department of 
30
    Corrections or the former
Department of Personnel, and any 
31
    member or employee of the Prisoner
Review Board, who has 
32
    daily contact with inmates by working within a
correctional 
33
    facility or who is a parole officer or an employee who has

34
    direct contact with committed persons in the performance of 
35
    his or her
job duties.


36
        (11) The term "dangerous drugs investigator" means any 
 


 






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1
    person who is
employed as such by the Department of Human 
2
    Services.


3
        (12) The term "investigator for the Department of State 
4
    Police" means
a person employed by the Department of State 
5
    Police who is vested under
Section 4 of the Narcotic 
6
    Control Division Abolition Act with such
law enforcement 
7
    powers as render him ineligible for coverage under the

8
    Social Security Act by reason of Sections 218(d)(5)(A), 
9
    218(d)(8)(D) and
218(l)(1) of that Act.


10
        (13) "Investigator for the Office of the Attorney 
11
    General" means any
person who is employed as such by the 
12
    Office of the Attorney General and
is vested with such 
13
    investigative duties as render him ineligible for
coverage 
14
    under the Social Security Act by reason of Sections 
15
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.  For 
16
    the period before January 1,
1989, the term includes all 
17
    persons who were employed as investigators by the
Office of 
18
    the Attorney General, without regard to social security 
19
    status.


20
        (14) "Controlled substance inspector" means any person 
21
    who is employed
as such by the Department of Professional 
22
    Regulation and is vested with such
law enforcement duties 
23
    as render him ineligible for coverage under the Social

24
    Security Act by reason of Sections 218(d)(5)(A), 
25
    218(d)(8)(D) and 218(l)(1) of
that Act.  The term 
26
    "controlled substance inspector" includes the Program

27
    Executive of Enforcement and the Assistant Program 
28
    Executive of Enforcement.


29
        (15) The term "investigator for the Office of the 
30
    State's Attorneys
Appellate Prosecutor" means a person 
31
    employed in that capacity on a full
time basis under the 
32
    authority of Section 7.06 of the State's Attorneys

33
    Appellate Prosecutor's Act.


34
        (16) "Commerce Commission police officer" means any 
35
    person employed
by the Illinois Commerce Commission who is 
36
    vested with such law
enforcement duties as render him 
 


 






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1
    ineligible for coverage under the Social
Security Act by 
2
    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

3
    218(l)(1) of that Act.


4
        (17) "Arson investigator" means any person who is 
5
    employed as such by
the Office of the State Fire Marshal 
6
    and is vested with such law enforcement
duties as render 
7
    the person ineligible for coverage under the Social 
8
    Security
Act by reason of Sections 218(d)(5)(A), 
9
    218(d)(8)(D), and 218(l)(1) of that
Act.  A person who was 
10
    employed as an arson
investigator on January 1, 1995 and is 
11
    no longer in service but not yet
receiving a retirement 
12
    annuity may convert his or her creditable service for

13
    employment as an arson investigator into eligible 
14
    creditable service by paying
to the System the difference 
15
    between the employee contributions actually paid
for that 
16
    service and the amounts that would have been contributed if 
17
    the
applicant were contributing at the rate applicable to 
18
    persons with the same
social security status earning 
19
    eligible creditable service on the date of
application.


20
        (18) The term "State highway maintenance worker" means 
21
    a person who is
either of the following:


22
            (i) A person employed on a full-time basis by the 
23
        Illinois
Department of Transportation in the position 
24
        of
highway maintainer,
highway maintenance lead 
25
        worker,
highway maintenance lead/lead worker,
heavy 
26
        construction equipment operator,
power shovel 
27
        operator, or
bridge mechanic; and
whose principal 
28
        responsibility is to perform, on the roadway, the 
29
        actual
maintenance necessary to keep the highways that 
30
        form a part of the State
highway system in serviceable 
31
        condition for vehicular traffic.


32
            (ii) A person employed on a full-time basis by the 
33
        Illinois
State Toll Highway Authority in the position 
34
        of
equipment operator/laborer H-4,
equipment  
35
        operator/laborer  H-6,
welder  H-4,
welder  H-6,

36
        mechanical/electrical H-4,
mechanical/electrical H-6,

 


 






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1
        water/sewer H-4,
water/sewer H-6,
sign maker/hanger 
2
        H-4,
sign maker/hanger H-6,
roadway lighting H-4,

3
        roadway lighting H-6,
structural H-4,
structural H-6,

4
        painter H-4, or
painter H-6; and
whose principal 
5
        responsibility is to perform, on the roadway, the 
6
        actual
maintenance necessary to keep the Authority's 
7
        tollways in serviceable condition
for vehicular 
8
        traffic.

9
    (d) A security employee of the Department of Corrections, 
10
and a security
employee of the Department of Human Services who 
11
is not a mental health police
officer, shall not be eligible 
12
for the alternative retirement annuity provided
by this Section 
13
unless he or she meets the following minimum age and service

14
requirements at the time of retirement:


15
        (i) 25 years of eligible creditable service and age 55; 
16
    or


17
        (ii) beginning January 1, 1987, 25 years of eligible 
18
    creditable service
and age 54, or 24 years of eligible 
19
    creditable service and age 55; or


20
        (iii) beginning January 1, 1988, 25 years of eligible 
21
    creditable service
and age 53, or 23 years of eligible 
22
    creditable service and age 55; or


23
        (iv) beginning January 1, 1989, 25 years of eligible 
24
    creditable service
and age 52, or 22 years of eligible 
25
    creditable service and age 55; or


26
        (v) beginning January 1, 1990, 25 years of eligible 
27
    creditable service
and age 51, or 21 years of eligible 
28
    creditable service and age 55; or


29
        (vi) beginning January 1, 1991, 25 years of eligible 
30
    creditable service
and age 50, or 20 years of eligible 
31
    creditable service and age 55.

32
    Persons who have service credit under Article 16 of this 
33
Code for service
as a security employee of the Department of 
34
Corrections or the Department
of Human Services in a position 
35
requiring certification as a teacher may
count such service 
36
toward establishing their eligibility under the service

 


 






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1
requirements of this Section; but such service may be used only 
2
for
establishing such eligibility, and not for the purpose of 
3
increasing or
calculating any benefit.

4
    (e) If a member enters military service while working in a 
5
position in
which eligible creditable service may be earned, 
6
and returns to State
service in the same or another such 
7
position, and fulfills in all other
respects the conditions 
8
prescribed in this Article for credit for military
service, 
9
such military service shall be credited as eligible creditable

10
service for the purposes of the retirement annuity prescribed 
11
in this Section.

12
    (f) For purposes of calculating retirement annuities under 
13
this
Section, periods of service rendered after December 31, 
14
1968 and before
October 1, 1975 as a covered employee in the 
15
position of special agent,
conservation police officer, mental 
16
health police officer, or investigator
for the Secretary of 
17
State, shall be deemed to have been service as a
noncovered 
18
employee, provided that the employee pays to the System prior 
19
to
retirement an amount equal to (1) the difference between the 
20
employee
contributions that would have been required for such 
21
service as a
noncovered employee, and the amount of employee 
22
contributions actually
paid, plus (2) if payment is made after 
23
July 31, 1987, regular interest
on the amount specified in item 
24
(1) from the date of service to the date
of payment.

25
    For purposes of calculating retirement annuities under 
26
this Section,
periods of service rendered after December 31, 
27
1968 and before January 1,
1982 as a covered employee in the 
28
position of investigator for the
Department of Revenue shall be 
29
deemed to have been service as a noncovered
employee, provided 
30
that the employee pays to the System prior to retirement
an 
31
amount equal to (1) the difference between the employee 
32
contributions
that would have been required for such service as 
33
a noncovered employee,
and the amount of employee contributions 
34
actually paid, plus (2) if payment
is made after January 1, 
35
1990, regular interest on the amount specified in
item (1) from 
36
the date of service to the date of payment.

 


 






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    (g) A State policeman may elect, not later than January 1, 
2
1990, to
establish eligible creditable service for up to 10 
3
years of his service as
a policeman under Article 3, by filing 
4
a written election with the Board,
accompanied by payment of an 
5
amount to be determined by the Board, equal to
(i) the 
6
difference between the amount of employee and employer

7
contributions transferred to the System under Section 3-110.5, 
8
and the
amounts that would have been contributed had such 
9
contributions been made
at the rates applicable to State 
10
policemen, plus (ii) interest thereon at
the effective rate for 
11
each year, compounded annually, from the date of
service to the 
12
date of payment.

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

25
date of payment.

26
    (h) Subject to the limitation in subsection (i), a State 
27
policeman or
investigator for the Secretary of State may elect 
28
to establish eligible
creditable service for up to 12 years of 
29
his service as a policeman under
Article 5, by filing a written 
30
election with the Board on or before January
31, 1992, and 
31
paying to the System by January 31, 1994 an amount to be

32
determined by the Board, equal to (i) the difference between 
33
the amount of
employee and employer contributions transferred 
34
to the System under Section
5-236, and the amounts that would 
35
have been contributed had such
contributions been made at the 
36
rates applicable to State policemen, plus
(ii) interest thereon 
 


 






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at the effective rate for each year, compounded
annually, from 
2
the date of service to the date of payment.

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

17
    Subject to the limitation in subsection (i), a State 
18
policeman,
conservation police officer, or investigator for 
19
the Secretary of State may
elect to establish eligible 
20
creditable service for up to 5 years of
service as a police 
21
officer under Article 3, a policeman under Article 5, a 
22
sheriff's law enforcement employee under Article 7, a member of 
23
the county police department under Article 9, or a police 
24
officer under Article 15 by filing
a written election with the 
25
Board and paying
to the System an amount to be determined by 
26
the Board,
equal to (i) the difference between the amount of 
27
employee and
employer contributions transferred to the System 
28
under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 
29
and the amounts that would have been contributed had such

30
contributions been made at the rates applicable to State 
31
policemen, plus
(ii) interest thereon at the effective rate for 
32
each year, compounded
annually, from the date of service to the 
33
date of payment.
34
    (i) The total amount of eligible creditable service 
35
established by any
person under subsections (g), (h), (j), (k), 
36
and (l) of this
Section shall not exceed 12 years.

 


 






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    (j) Subject to the limitation in subsection (i), an 
2
investigator for
the Office of the State's Attorneys Appellate 
3
Prosecutor or a controlled
substance inspector may elect to

4
establish eligible creditable service for up to 10 years of his 
5
service as
a policeman under Article 3 or a sheriff's law 
6
enforcement employee under
Article 7, by filing a written 
7
election with the Board, accompanied by
payment of an amount to 
8
be determined by the Board, equal to (1) the
difference between 
9
the amount of employee and employer contributions
transferred 
10
to the System under Section 3-110.6 or 7-139.8, and the amounts

11
that would have been contributed had such contributions been 
12
made at the
rates applicable to State policemen, plus (2) 
13
interest thereon at the
effective rate for each year, 
14
compounded annually, from the date of service
to the date of 
15
payment.

16
    (k) Subject to the limitation in subsection (i) of this 
17
Section, an
alternative formula employee may elect to establish 
18
eligible creditable
service for periods spent as a full-time 
19
law enforcement officer or full-time
corrections officer 
20
employed by the federal government or by a state or local

21
government located outside of Illinois, for which credit is not 
22
held in any
other public employee pension fund or retirement 
23
system.  To obtain this
credit, the applicant must file a 
24
written application with the Board by March
31, 1998, 
25
accompanied by evidence of eligibility acceptable to the Board 
26
and
payment of an amount to be determined by the Board, equal 
27
to (1) employee
contributions for the credit being established, 
28
based upon the applicant's
salary on the first day as an 
29
alternative formula employee after the employment
for which 
30
credit is being established and the rates then applicable to

31
alternative formula employees, plus (2) an amount determined by 
32
the Board
to be the employer's normal cost of the benefits 
33
accrued for the credit being
established, plus (3) regular 
34
interest on the amounts in items (1) and (2) from
the first day 
35
as an alternative formula employee after the employment for 
36
which
credit is being established to the date of payment.

 


 






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    (l) Subject to the limitation in subsection (i), a security 
2
employee of
the Department of Corrections may elect, not later 
3
than July 1, 1998, to
establish eligible creditable service for 
4
up to 10 years of his or her service
as a policeman under 
5
Article 3, by filing a written election with the Board,

6
accompanied by payment of an amount to be determined by the 
7
Board, equal to
(i) the difference between the amount of 
8
employee and employer contributions
transferred to the System 
9
under Section 3-110.5, and the amounts that would
have been 
10
contributed had such contributions been made at the rates 
11
applicable
to security employees of the Department of 
12
Corrections, plus (ii) interest
thereon at the effective rate 
13
for each year, compounded annually, from the date
of service to 
14
the date of payment.

15
(Source: P.A. 91-357, eff. 7-29-99; 91-760, eff. 1-1-01; 92-14, 
16
eff.
6-28-01; 92-257, eff. 8-6-01; 92-651, eff. 7-11-02.)

 



17
    (40 ILCS 5/15-134.4)  (from Ch. 108 1/2, par. 15-134.4)



18
    Sec. 15-134.4. Transfer of creditable service to the

19
Article 5 Pension Fund or Article 14 System.

20
    (a) An active member of the Pension Fund established under 
21
Article 5 of this
Code may apply, not later than January 1, 
22
1990, to transfer his or her
credits and creditable service

23
accumulated under this System for service with the City 
24
Colleges of Chicago
teaching  in the Criminal Justice Program, 
25
to the Article 5 Fund. Such
credits and creditable service 
26
shall be transferred forthwith.
27
    Payment by this
System to the Article 5 Fund shall be made 
28
at the same time and shall
consist of:
29
        (1) the amounts credited to the applicant for such 
30
    service
through employee contributions, including 
31
    interest, as of the date of
transfer; and
32
        (2) employer contributions equal in amount to the 
33
    accumulated
employee contributions as determined in item 
34
    (1).

35
Participation in this
System with respect to such credits shall 
 


 






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terminate on the date of transfer.

2
    (b) Any active member of the State Employees' Retirement 
3
System who is
a State policeman, an investigator for the 
4
Secretary of State, or a conservation police officer may apply 
5
for transfer of
 some or all of his or her creditable service 
6
accumulated
in this System for service as a police officer to 
7
the State Employees'
Retirement System in accordance with 
8
Section 14-110.  The creditable service shall be transferred 
9
only upon payment
by this System to the State Employees' 
10
Retirement System of an amount equal to:


11
        (1) the amounts accumulated to the credit of the 
12
    applicant for the service to be transferred, including 
13
    interest, as of the date of transfer; and


14
        (2)  employer contributions equal in amount to the 
15
    accumulated
employee contributions as determined in item 
16
    (1); and


17
        (3) any interest paid by the applicant to reinstate 
18
    such service.

19
Participation in this System as to any credits transferred 
20
under this
Section shall terminate on the date of transfer.

21
    (c) Any person applying to transfer service under 
22
subsection (b) may reinstate credits and
creditable service 
23
terminated upon receipt of a refund by paying
to the System the 
24
amount of the refund plus interest thereon at the
rate of 6% 
25
per year from the date of the refund to the date of payment.
26
(Source: P.A. 86-273; 86-1028.)

 
27
    Section 90. The State Mandates Act is amended by adding 
28
Section 8.29 as
follows:


 
29
    (30 ILCS 805/8.29 new)

30
    Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 
31
of this
Act, no reimbursement by the State is required for the 
32
implementation of
any mandate created by this amendatory Act of 
33
the 94th General Assembly.

 

 


 






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    Section 99. Effective date. This Act takes effect upon 
2
becoming law.