95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0219


 
Introduced 1/19/2007, by Rep. Jim Sacia
 
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 805/8.31 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.

















LRB095 04369 AMC 24412 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB0219

LRB095 04369 AMC 24412 b






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 
 


 






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1
    amount determined
under subparagraph (1); and


2
        (3) any interest paid by the applicant in order to 
3
    reinstate service to be transferred.

4
Participation in the police pension fund with respect to the 
5
service to be transferred shall terminate on the date
of 
6
transfer.

7
    (b) Any person applying to transfer service under this 
8
Section
such investigator or inspector may reinstate service 
9
that
which was
terminated by receipt of a refund, by paying to 
10
the police pension fund the
amount of the refund with interest 
11
thereon at the rate of 6% per year,
compounded annually, from 
12
the date of refund to the date of payment.

13
(Source: P.A. 90-32, eff. 6-27-97.)

 



14
    (40 ILCS 5/5-236)  (from Ch. 108 1/2, par. 5-236)



15
    Sec. 5-236. Transfer to Article 14. 

16
    (a) Until January 31, 1994, Any active member of the State 
17
Employees'
Retirement System who is a State policeman, 
18
conservation police officer, or investigator for the
Secretary 
19
of State may apply for transfer of some or all of his or her

20
creditable service
accumulated under this Article to the State 
21
Employees' Retirement System in accordance with Section 
22
14-110.
At the time of the transfer the Fund shall pay to the 
23
State Employees'
Retirement System an amount equal to:


24
        (1) the amounts accumulated to the credit of the 
25
    applicant for the service to be transferred on the books
of 
 


 






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1
    the Fund on the date of transfer; and


2
        (2) the corresponding municipality credits, including 
3
    interest, on the
books of the Fund on the date of transfer; 
4
    and


5
        (3) any interest paid by the applicant in order to 
6
    reinstate service to be transferred.

7
Participation in this Fund with respect to the service to be 
8
transferred shall terminate on the date of transfer.

9
    (b) Until January 31, 1994, Any such State policeman, 
10
conservation police officer, or investigator
for the Secretary 
11
of State may reinstate service that was terminated by
receipt 
12
of a refund, by paying to the Fund the amount of the refund 
13
with
interest thereon at the rate of 6% per year, compounded 
14
annually, from the
date of refund to the date of payment.

15
    (c) Within 30 days after the effective date of this 
16
amendatory Act of
1993, any active member of the State 
17
Employees' Retirement System who was
earning eligible 
18
creditable service under subdivision (b)(12) of Section
14-110 
19
on January 1, 1992 and who has at least 17 years of creditable

20
service under this Article may apply for transfer of his 
21
creditable service
accumulated under this Article to the State 
22
Employees' Retirement System.
At the time of the transfer the 
23
Fund shall pay to the State Employees'
Retirement System an 
24
amount equal to:


25
        (1) the amounts accumulated to the credit of the 
26
    applicant on the books
of the Fund on the date of transfer; 
 


 






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1
    and


2
        (2) the corresponding municipality credits, including 
3
    interest, on the
books of the Fund on the date of transfer.

4
Participation in this Fund shall terminate on the date of 
5
transfer.

6
(Source: P.A. 86-1488; 87-1265.)

 



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



8
    Sec. 7-139.8. 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 credits and creditable 
15
service
accumulated in this Fund for service as a sheriff's law 
16
enforcement
employee to the State Employees' Retirement System 
17
in accordance with
Section 14-110.  The creditable service shall 
18
be transferred only upon payment
by this 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
as a sheriff's 
22
    law enforcement employee, including interest; and


23
        (2) municipality credits based on such service, 
24
    including interest; and


25
        (3) any interest paid by the applicant to reinstate 
 


 






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1
    such service.

2
Participation in this Fund as to any credits transferred under 
3
this
Section shall terminate on the date of transfer.

4
    (b) Any person applying to transfer service under this 
5
Section
such investigator or inspector may reinstate credits 
6
and
creditable service terminated upon receipt of a separation 
7
benefit, by paying
to the Fund the amount of the separation 
8
benefit plus interest thereon at the
rate of 6% per year to the 
9
date of payment.

10
(Source: P.A. 90-32, eff. 6-27-97.)

 



11
    (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)



12
    Sec. 9-121.10. Transfer to Article 14. 

13
    (a) Until July 1, 1993, Any active member of the State 
14
Employees'
Retirement System who is a State policeman, 
15
investigator for the Secretary of State, or conservation police 
16
officer may apply for transfer of some
or all of his creditable 
17
service as a member of the County Police
Department accumulated 
18
under this Article to the State Employees'
Retirement System in 
19
accordance with Section 14-110.  At the time of the transfer the 
20
Fund shall pay to the
State Employees' Retirement System an 
21
amount equal to:


22
        (1) the amounts accumulated to the credit of the 
23
    applicant on the
books of the Fund on the date of transfer 
24
    for the service to be
transferred; and


25
        (2) the corresponding municipality credits, including 
 


 






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1
    interest, on the
books of the Fund on the date of transfer; 
2
    and


3
        (3) any interest paid by the applicant in order to 
4
    reinstate such service.

5
Participation in this Fund with respect to the credits 
6
transferred shall
terminate on the date of transfer.

7
    (b) Any person applying to transfer service under this 
8
Section
Until July 1, 1993, any such State policeman
may 
9
reinstate credit for service as a member of the County Police

10
Department that was terminated by receipt of a refund, by 
11
paying to the
Fund the amount of the refund with interest 
12
thereon at the rate of 6% per
year, compounded annually, from 
13
the date of refund to the date of payment.

14
(Source: P.A. 87-1265.)

 


15
    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)


16
    Sec. 14-110. Alternative retirement annuity. 

17
    (a) Any member who has withdrawn from service with not less 
18
than 20
years of eligible creditable service and has attained 
19
age 55, and any
member who has withdrawn from service with not 
20
less than 25 years of
eligible creditable service and has 
21
attained age 50, regardless of whether
the attainment of either 
22
of the specified ages occurs while the member is
still in 
23
service, shall be entitled to receive at the option of the 
24
member,
in lieu of the regular or minimum retirement annuity, a 
25
retirement  annuity
computed as follows:


 


 






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1
        (i) for periods of service as a noncovered employee:
if 
2
    retirement occurs on or after January 1, 2001, 3% of final

3
    average compensation for each year of creditable service; 
4
    if retirement occurs
before January 1, 2001, 2 1/4% of 
5
    final average compensation for each of the
first 10 years 
6
    of creditable service, 2 1/2% for each year above 10 years 
7
    to
and including 20 years of creditable service, and 2 3/4% 
8
    for each year of
creditable service above 20 years; and


9
        (ii) for periods of eligible creditable service as a 
10
    covered employee:
if retirement occurs on or after January 
11
    1, 2001, 2.5% of final average
compensation for each year 
12
    of creditable service; if retirement occurs before
January 
13
    1, 2001, 1.67% of final average compensation for each of 
14
    the first
10 years of such service, 1.90% for each of the 
15
    next 10 years of such service,
2.10% for each year of such 
16
    service in excess of 20 but not exceeding 30, and
2.30% for 
17
    each year in excess of 30.

18
    Such annuity shall be subject to a maximum of 75% of final 
19
average
compensation if retirement occurs before January 1, 
20
2001 or to a maximum
of 80% of final average compensation if 
21
retirement occurs on or after January
1, 2001.

22
    These rates shall not be applicable to any service 
23
performed
by a member as a covered employee which is not 
24
eligible creditable service.
 Service as a covered employee 
25
which is not eligible creditable service
shall be subject to 
26
the rates and provisions of Section 14-108.

 


 






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1
    (b) For the purpose of this Section, "eligible creditable 
2
service" means
creditable service resulting from service in one 
3
or more of the following
positions:


4
        (1) State policeman;


5
        (2) fire fighter in the fire protection service of a 
6
    department;


7
        (3) air pilot;


8
        (4) special agent;


9
        (5) investigator for the Secretary of State;


10
        (6) conservation police officer;


11
        (7) investigator for the Department of Revenue;


12
        (8) security employee of the Department of Human 
13
    Services;


14
        (9) Central Management Services security police 
15
    officer;


16
        (10) security employee of the Department of 
17
    Corrections or the Department of Juvenile Justice;


18
        (11) dangerous drugs investigator;


19
        (12) investigator for the Department of State Police;


20
        (13) investigator for the Office of the Attorney 
21
    General;


22
        (14) controlled substance inspector;


23
        (15) investigator for the Office of the State's 
24
    Attorneys Appellate
Prosecutor;


25
        (16) Commerce Commission police officer;


26
        (17) arson investigator;


 


 






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1
        (18) State highway maintenance worker.

2
    A person employed in one of the positions specified in this 
3
subsection is
entitled to eligible creditable service for 
4
service credit earned under this
Article while undergoing the 
5
basic police training course approved by the
Illinois Law 
6
Enforcement Training
Standards Board, if
completion of that 
7
training is required of persons serving in that position.
For 
8
the purposes of this Code, service during the required basic 
9
police
training course shall be deemed performance of the 
10
duties of the specified
position, even though the person is not 
11
a sworn peace officer at the time of
the training.

12
    (c) For the purposes of this Section:


13
        (1) The term "state policeman" includes any title or 
14
    position
in the Department of State Police that is held by 
15
    an individual employed
under the State Police Act.


16
        (2) The term "fire fighter in the fire protection 
17
    service of a
department" includes all officers in such fire 
18
    protection service
including fire chiefs and assistant 
19
    fire chiefs.


20
        (3) The term "air pilot" includes any employee whose 
21
    official job
description on file in the Department of 
22
    Central Management Services, or
in the department by which 
23
    he is employed if that department is not covered
by the 
24
    Personnel Code, states that his principal duty is the 
25
    operation of
aircraft, and who possesses a pilot's license; 
26
    however, the change in this
definition made by this 
 


 






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1
    amendatory Act of 1983 shall not operate to exclude
any 
2
    noncovered employee who was an "air pilot" for the purposes 
3
    of this
Section on January 1, 1984.


4
        (4) The term "special agent" means any person who by 
5
    reason of
employment by the Division of Narcotic Control, 
6
    the Bureau of Investigation
or, after July 1, 1977, the 
7
    Division of Criminal Investigation, the
Division of 
8
    Internal Investigation, the Division of Operations, or any

9
    other Division or organizational
entity in the Department 
10
    of State Police is vested by law with duties to
maintain 
11
    public order, investigate violations of the criminal law of 
12
    this
State, enforce the laws of this State, make arrests 
13
    and recover property.
The term "special agent" includes any 
14
    title or position in the Department
of State Police that is 
15
    held by an individual employed under the State
Police Act.


16
        (5) The term "investigator for the Secretary of State" 
17
    means any person
employed by the Office of the Secretary of 
18
    State and vested with such
investigative duties as render 
19
    him ineligible for coverage under the Social
Security Act 
20
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
21
    218(l)(1)
of that Act.


22
        A person who became employed as an investigator for the 
23
    Secretary of
State between January 1, 1967 and December 31, 
24
    1975, and who has served as
such until attainment of age 
25
    60, either continuously or with a single break
in service 
26
    of not more than 3 years duration, which break terminated 
 


 






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    before
January 1, 1976, shall be entitled to have his 
2
    retirement annuity
calculated  in accordance with 
3
    subsection (a), notwithstanding
that he has less than 20 
4
    years of credit for such service.


5
        (6) The term "Conservation Police Officer" means any 
6
    person employed
by the Division of Law Enforcement of the 
7
    Department of Natural Resources and
vested with such law 
8
    enforcement duties as render him ineligible for coverage

9
    under the Social Security Act by reason of Sections 
10
    218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act.  The 
11
    term "Conservation Police Officer" includes
the positions 
12
    of Chief Conservation Police Administrator and Assistant

13
    Conservation Police Administrator.


14
        (7) The term "investigator for the Department of 
15
    Revenue" means any
person employed by the Department of 
16
    Revenue and vested with such
investigative duties as render 
17
    him ineligible for coverage under the Social
Security Act 
18
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
19
    218(l)(1)
of that Act.


20
        (8) The term "security employee of the Department of 
21
    Human Services"
means any person employed by the Department 
22
    of Human Services who (i) is
employed at the Chester Mental 
23
    Health Center and has daily contact with the
residents 
24
    thereof, (ii) is employed within a security unit at a 
25
    facility
operated by the Department and has daily contact 
26
    with the residents of the
security unit, (iii) is employed 
 


 






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1
    at a facility operated by the Department
that includes a 
2
    security unit and is regularly scheduled to work at least

3
    50% of his or her working hours within that security unit, 
4
    or (iv) is a mental health police officer.
"Mental health 
5
    police officer" means any person employed by the Department 
6
    of
Human Services in a position pertaining to the 
7
    Department's mental health and
developmental disabilities 
8
    functions who is vested with such law enforcement
duties as 
9
    render the person ineligible for coverage under the Social 
10
    Security
Act by reason of Sections 218(d)(5)(A), 
11
    218(d)(8)(D) and 218(l)(1) of that
Act.  "Security unit" 
12
    means that portion of a facility that is devoted to
the 
13
    care, containment, and treatment of persons committed to 
14
    the Department of
Human Services as sexually violent 
15
    persons, persons unfit to stand trial, or
persons not 
16
    guilty by reason of insanity.  With respect to past 
17
    employment,
references to the Department of Human Services 
18
    include its predecessor, the
Department of Mental Health 
19
    and Developmental Disabilities.


20
        The changes made to this subdivision (c)(8) by Public 
21
    Act 92-14 apply to persons who retire on or after January 
22
    1,
2001, notwithstanding Section 1-103.1.


23
        (9) "Central Management Services security police 
24
    officer" means any
person employed by the Department of 
25
    Central Management Services who is
vested with such law 
26
    enforcement duties as render him ineligible for
coverage 
 


 






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1
    under the Social Security Act by reason of Sections 
2
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.


3
        (10) For a member who first became an employee under 
4
    this Article before July 1, 2005, the term "security 
5
    employee of the Department of Corrections or the Department 
6
    of Juvenile Justice"
means any employee of the Department 
7
    of Corrections or the Department of Juvenile Justice or the 
8
    former
Department of Personnel, and any member or employee 
9
    of the Prisoner
Review Board, who has daily contact with 
10
    inmates or youth by working within a
correctional facility 
11
    or Juvenile facility operated by the Department of Juvenile 
12
    Justice or who is a parole officer or an employee who has

13
    direct contact with committed persons in the performance of 
14
    his or her
job duties. For a member who first becomes an 
15
    employee under this Article on or after July 1, 2005, the  
16
    term means  an employee of the Department of Corrections or 
17
    the Department of Juvenile Justice who is any of the 
18
    following: (i) officially headquartered at a correctional 
19
    facility or Juvenile facility operated by the Department of 
20
    Juvenile Justice, (ii) a parole officer, (iii) a member of 
21
    the apprehension unit, (iv) a member of the intelligence 
22
    unit, (v) a member of the sort team, or (vi) an 
23
    investigator.


24
        (11) The term "dangerous drugs investigator" means any 
25
    person who is
employed as such by the Department of Human 
26
    Services.


 


 






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1
        (12) The term "investigator for the Department of State 
2
    Police" means
a person employed by the Department of State 
3
    Police who is vested under
Section 4 of the Narcotic 
4
    Control Division Abolition Act with such
law enforcement 
5
    powers as render him ineligible for coverage under the

6
    Social Security Act by reason of Sections 218(d)(5)(A), 
7
    218(d)(8)(D) and
218(l)(1) of that Act.


8
        (13) "Investigator for the Office of the Attorney 
9
    General" means any
person who is employed as such by the 
10
    Office of the Attorney General and
is vested with such 
11
    investigative duties as render him ineligible for
coverage 
12
    under the Social Security Act by reason of Sections 
13
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.  For 
14
    the period before January 1,
1989, the term includes all 
15
    persons who were employed as investigators by the
Office of 
16
    the Attorney General, without regard to social security 
17
    status.


18
        (14) "Controlled substance inspector" means any person 
19
    who is employed
as such by the Department of Professional 
20
    Regulation and is vested with such
law enforcement duties 
21
    as render him 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.  The term 
24
    "controlled substance inspector" includes the Program

25
    Executive of Enforcement and the Assistant Program 
26
    Executive of Enforcement.


 


 






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1
        (15) The term "investigator for the Office of the 
2
    State's Attorneys
Appellate Prosecutor" means a person 
3
    employed in that capacity on a full
time basis under the 
4
    authority of Section 7.06 of the State's Attorneys

5
    Appellate Prosecutor's Act.


6
        (16) "Commerce Commission police officer" means any 
7
    person employed
by the Illinois Commerce Commission who is 
8
    vested with such law
enforcement duties as render him 
9
    ineligible for coverage under the Social
Security Act by 
10
    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

11
    218(l)(1) of that Act.


12
        (17) "Arson investigator" means any person who is 
13
    employed as such by
the Office of the State Fire Marshal 
14
    and is vested with such law enforcement
duties as render 
15
    the person ineligible for coverage under the Social 
16
    Security
Act by reason of Sections 218(d)(5)(A), 
17
    218(d)(8)(D), and 218(l)(1) of that
Act.  A person who was 
18
    employed as an arson
investigator on January 1, 1995 and is 
19
    no longer in service but not yet
receiving a retirement 
20
    annuity may convert his or her creditable service for

21
    employment as an arson investigator into eligible 
22
    creditable service by paying
to the System the difference 
23
    between the employee contributions actually paid
for that 
24
    service and the amounts that would have been contributed if 
25
    the
applicant were contributing at the rate applicable to 
26
    persons with the same
social security status earning 
 


 






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1
    eligible creditable service on the date of
application.


2
        (18) The term "State highway maintenance worker" means 
3
    a person who is
either of the following:


4
            (i) A person employed on a full-time basis by the 
5
        Illinois
Department of Transportation in the position 
6
        of
highway maintainer,
highway maintenance lead 
7
        worker,
highway maintenance lead/lead worker,
heavy 
8
        construction equipment operator,
power shovel 
9
        operator, or
bridge mechanic; and
whose principal 
10
        responsibility is to perform, on the roadway, the 
11
        actual
maintenance necessary to keep the highways that 
12
        form a part of the State
highway system in serviceable 
13
        condition for vehicular traffic.


14
            (ii) A person employed on a full-time basis by the 
15
        Illinois
State Toll Highway Authority in the position 
16
        of
equipment operator/laborer H-4,
equipment  
17
        operator/laborer  H-6,
welder  H-4,
welder  H-6,

18
        mechanical/electrical H-4,
mechanical/electrical H-6,

19
        water/sewer H-4,
water/sewer H-6,
sign maker/hanger 
20
        H-4,
sign maker/hanger H-6,
roadway lighting H-4,

21
        roadway lighting H-6,
structural H-4,
structural H-6,

22
        painter H-4, or
painter H-6; and
whose principal 
23
        responsibility is to perform, on the roadway, the 
24
        actual
maintenance necessary to keep the Authority's 
25
        tollways in serviceable condition
for vehicular 
26
        traffic.

 


 






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1
    (d) A security employee of the Department of Corrections or 
2
the Department of Juvenile Justice, and a security
employee of 
3
the Department of Human Services who is not a mental health 
4
police
officer, shall not be eligible for the alternative 
5
retirement annuity provided
by this Section unless he or she 
6
meets the following minimum age and service
requirements at the 
7
time of retirement:


8
        (i) 25 years of eligible creditable service and age 55; 
9
    or


10
        (ii) beginning January 1, 1987, 25 years of eligible 
11
    creditable service
and age 54, or 24 years of eligible 
12
    creditable service and age 55; or


13
        (iii) beginning January 1, 1988, 25 years of eligible 
14
    creditable service
and age 53, or 23 years of eligible 
15
    creditable service and age 55; or


16
        (iv) beginning January 1, 1989, 25 years of eligible 
17
    creditable service
and age 52, or 22 years of eligible 
18
    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 eligible 
23
    creditable service
and age 50, or 20 years of eligible 
24
    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 
 


 






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1
Corrections or the Department of Juvenile Justice, or the 
2
Department
of Human Services in a position requiring 
3
certification as a teacher may
count such service toward 
4
establishing their eligibility under the service
requirements 
5
of this Section; but such service may be used only for

6
establishing such eligibility, and not for the purpose of 
7
increasing or
calculating any benefit.

8
    (e) If a member enters military service while working in a 
9
position in
which eligible creditable service may be earned, 
10
and returns to State
service in the same or another such 
11
position, and fulfills in all other
respects the conditions 
12
prescribed in this Article for credit for military
service, 
13
such military service shall be credited as eligible creditable

14
service for the purposes of the retirement annuity prescribed 
15
in this Section.

16
    (f) For purposes of calculating retirement annuities under 
17
this
Section, periods of service rendered after December 31, 
18
1968 and before
October 1, 1975 as a covered employee in the 
19
position of special agent,
conservation police officer, mental 
20
health police officer, or investigator
for the Secretary of 
21
State, shall be deemed to have been service as a
noncovered 
22
employee, provided that the employee pays to the System prior 
23
to
retirement an amount equal to (1) the difference between the 
24
employee
contributions that would have been required for such 
25
service as a
noncovered employee, and the amount of employee 
26
contributions actually
paid, plus (2) if payment is made after 
 


 






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1
July 31, 1987, regular interest
on the amount specified in item 
2
(1) from the date of service to the date
of payment.

3
    For purposes of calculating retirement annuities under 
4
this Section,
periods of service rendered after December 31, 
5
1968 and before January 1,
1982 as a covered employee in the 
6
position of investigator for the
Department of Revenue shall be 
7
deemed to have been service as a noncovered
employee, provided 
8
that the employee pays to the System prior to retirement
an 
9
amount equal to (1) the difference between the employee 
10
contributions
that would have been required for such service as 
11
a noncovered employee,
and the amount of employee contributions 
12
actually paid, plus (2) if payment
is made after January 1, 
13
1990, regular interest on the amount specified in
item (1) from 
14
the date of service to the date of payment.

15
    (g) A State policeman may elect, not later than January 1, 
16
1990, to
establish eligible creditable service for up to 10 
17
years of his service as
a policeman under Article 3, by filing 
18
a written election with the Board,
accompanied by payment of an 
19
amount to be determined by the Board, equal to
(i) the 
20
difference between the amount of employee and employer

21
contributions transferred to the System under Section 3-110.5, 
22
and the
amounts that would have been contributed had such 
23
contributions been made
at the rates applicable to State 
24
policemen, plus (ii) interest thereon at
the effective rate for 
25
each year, compounded annually, from the date of
service to the 
26
date of payment.

 


 






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1
    Subject to the limitation in subsection (i), a State 
2
policeman may elect,
not later than July 1, 1993, to establish 
3
eligible creditable service for
up to 10 years of his service 
4
as a member of the County Police Department
under Article 9, by 
5
filing a written election with the Board, accompanied
by 
6
payment of an amount to be determined by the Board, equal to 
7
(i) the
difference between the amount of employee and employer 
8
contributions
transferred to the System under Section 9-121.10 
9
and the amounts that would
have been contributed had those 
10
contributions been made at the rates
applicable to State 
11
policemen, plus (ii) interest thereon at the effective
rate for 
12
each year, compounded annually, from the date of service to the

13
date of payment.

14
    (h) Subject to the limitation in subsection (i), a State 
15
policeman or
investigator for the Secretary of State may elect 
16
to establish eligible
creditable service for up to 12 years of 
17
his service as a policeman under
Article 5, by filing a written 
18
election with the Board on or before January
31, 1992, and 
19
paying to the System by January 31, 1994 an amount to be

20
determined by the Board, equal to (i) the difference between 
21
the amount of
employee and employer contributions transferred 
22
to the System under Section
5-236, and the amounts that would 
23
have been contributed had such
contributions been made at the 
24
rates applicable to State policemen, plus
(ii) interest thereon 
25
at the effective rate for each year, compounded
annually, from 
26
the date of service to the date of payment.

 


 






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

15
    Subject to the limitation in subsection (i), a State 
16
policeman,
conservation police officer, or investigator for 
17
the Secretary of State may
elect to establish eligible 
18
creditable service for up to 5 years of
service as a police 
19
officer under Article 3, a policeman under Article 5, a 
20
sheriff's law enforcement employee under Article 7, a member of 
21
the county police department under Article 9, or a police 
22
officer under Article 15 by filing
a written election with the 
23
Board and paying
to the System an amount to be determined by 
24
the Board,
equal to (i) the difference between the amount of 
25
employee and
employer contributions transferred to the System 
26
under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 
 


 






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1
and the amounts that would have been contributed had such

2
contributions been made at the rates applicable to State 
3
policemen, plus
(ii) interest thereon at the effective rate for 
4
each year, compounded
annually, from the date of service to the 
5
date of payment.
6
    (i) The total amount of eligible creditable service 
7
established by any
person under subsections (g), (h), (j), (k), 
8
and (l) of this
Section shall not exceed 12 years.

9
    (j) Subject to the limitation in subsection (i), an 
10
investigator for
the Office of the State's Attorneys Appellate 
11
Prosecutor or a controlled
substance inspector may elect to

12
establish eligible creditable service for up to 10 years of his 
13
service as
a policeman under Article 3 or a sheriff's law 
14
enforcement employee under
Article 7, by filing a written 
15
election with the Board, accompanied by
payment of an amount to 
16
be determined by the Board, equal to (1) the
difference between 
17
the amount of employee and employer contributions
transferred 
18
to the System under Section 3-110.6 or 7-139.8, and the amounts

19
that would have been contributed had such contributions been 
20
made at the
rates applicable to State policemen, plus (2) 
21
interest thereon at the
effective rate for each year, 
22
compounded annually, from the date of service
to the date of 
23
payment.

24
    (k) Subject to the limitation in subsection (i) of this 
25
Section, an
alternative formula employee may elect to establish 
26
eligible creditable
service for periods spent as a full-time 
 


 






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1
law enforcement officer or full-time
corrections officer 
2
employed by the federal government or by a state or local

3
government located outside of Illinois, for which credit is not 
4
held in any
other public employee pension fund or retirement 
5
system.  To obtain this
credit, the applicant must file a 
6
written application with the Board by March
31, 1998, 
7
accompanied by evidence of eligibility acceptable to the Board 
8
and
payment of an amount to be determined by the Board, equal 
9
to (1) employee
contributions for the credit being established, 
10
based upon the applicant's
salary on the first day as an 
11
alternative formula employee after the employment
for which 
12
credit is being established and the rates then applicable to

13
alternative formula employees, plus (2) an amount determined by 
14
the Board
to be the employer's normal cost of the benefits 
15
accrued for the credit being
established, plus (3) regular 
16
interest on the amounts in items (1) and (2) from
the first day 
17
as an alternative formula employee after the employment for 
18
which
credit is being established to the date of payment.

19
    (l) Subject to the limitation in subsection (i), a security 
20
employee of
the Department of Corrections may elect, not later 
21
than July 1, 1998, to
establish eligible creditable service for 
22
up to 10 years of his or her service
as a policeman under 
23
Article 3, by filing a written election with the Board,

24
accompanied by payment of an amount to be determined by the 
25
Board, equal to
(i) the difference between the amount of 
26
employee and employer contributions
transferred to the System 
 


 






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LRB095 04369 AMC 24412 b




1
under Section 3-110.5, and the amounts that would
have been 
2
contributed had such contributions been made at the rates 
3
applicable
to security employees of the Department of 
4
Corrections, plus (ii) interest
thereon at the effective rate 
5
for each year, compounded annually, from the date
of service to 
6
the date of payment.

7
    (m) The amendatory changes to this Section made by this 
8
amendatory Act of the 94th General Assembly apply only to: (1) 
9
security employees of the Department of Juvenile Justice 
10
employed by the Department of Corrections before the effective 
11
date of this amendatory Act of the 94th General Assembly and 
12
transferred to the Department of Juvenile Justice by this 
13
amendatory Act of the 94th General Assembly; and (2) persons 
14
employed by the Department of Juvenile Justice on or after the 
15
effective date of this amendatory Act of the 94th General 
16
Assembly who are required by subsection (b) of Section 3-2.5-15 
17
of the Unified Code of Corrections to have a bachelor's or 
18
advanced degree from an accredited college or university with a 
19
specialization in criminal justice, education, psychology, 
20
social work, or a closely related social science or, in the 
21
case of persons who provide vocational training, who are 
22
required to have adequate knowledge in the skill for which they 
23
are providing the vocational training.

24
(Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06.)

 



25
    (40 ILCS 5/15-134.4)  (from Ch. 108 1/2, par. 15-134.4)



 


 






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1
    Sec. 15-134.4. Transfer of creditable service to the

2
Article 5 Pension Fund or Article 14 System.

3
    (a) An active member of the Pension Fund established under 
4
Article 5 of this
Code may apply, not later than January 1, 
5
1990, to transfer his or her
credits and creditable service

6
accumulated under this System for service with the City 
7
Colleges of Chicago
teaching  in the Criminal Justice Program, 
8
to the Article 5 Fund. Such
credits and creditable service 
9
shall be transferred forthwith.
10
    Payment by this
System to the Article 5 Fund shall be made 
11
at the same time and shall
consist of:
12
        (1) the amounts credited to the applicant for such 
13
    service
through employee contributions, including 
14
    interest, as of the date of
transfer; and
15
        (2) employer contributions equal in amount to the 
16
    accumulated
employee contributions as determined in item 
17
    (1).

18
Participation in this
System with respect to such credits shall 
19
terminate on the date of transfer.

20
    (b) Any active member of the State Employees' Retirement 
21
System who is
a State policeman, an investigator for the 
22
Secretary of State, or a conservation police officer may apply 
23
for transfer of
 some or all of his or her creditable service 
24
accumulated
in this System for service as a police officer to 
25
the State Employees'
Retirement System in accordance with 
26
Section 14-110.  The creditable service shall be transferred 
 


 






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1
only upon payment
by this System to the State Employees' 
2
Retirement System of an amount equal to:


3
        (1) the amounts accumulated to the credit of the 
4
    applicant for the service to be transferred, including 
5
    interest, as of the date of transfer; and


6
        (2)  employer contributions equal in amount to the 
7
    accumulated
employee contributions as determined in item 
8
    (1); and


9
        (3) any interest paid by the applicant to reinstate 
10
    such service.

11
Participation in this System as to any credits transferred 
12
under this
Section shall terminate on the date of transfer.

13
    (c) Any person applying to transfer service under 
14
subsection (b) may reinstate credits and
creditable service 
15
terminated upon receipt of a refund by paying
to the System the 
16
amount of the refund plus interest thereon at the
rate of 6% 
17
per year from the date of the refund to the date of payment.
18
(Source: P.A. 86-273; 86-1028.)

 
19
    Section 90. The State Mandates Act is amended by adding 
20
Section 8.31 as follows:
 
21
    (30 ILCS 805/8.31 new)
22
    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 
23
of this Act, no reimbursement by the State is required for the 
24
implementation of any mandate created by this amendatory Act of 
 


 






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LRB095 04369 AMC 24412 b




1
the 95th General Assembly.
 

2
    Section 99. Effective date. This Act takes effect upon 
3
becoming law.