Rep. Daniel V. Beiser
Filed: 3/5/2009
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 519
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 519, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Illinois Pension Code is amended by | ||||||
6 | changing Sections 3-110.6, 5-236, 7-139.8, 9-121.10, 14-110, | ||||||
7 | and 15-134.4 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
a State policeman, an investigator for the | ||||||
12 | Secretary of State, a conservation police officer, an | ||||||
13 | investigator for the Office of the Attorney General, an | ||||||
14 | investigator for the Office of the State's Attorneys Appellate
| ||||||
15 | Prosecutor, or a controlled substance inspector may apply for | ||||||
16 | transfer of
some or all of his or her creditable service |
| |||||||
| |||||||
1 | accumulated
in any police pension fund under this Article to | ||||||
2 | the State Employees'
Retirement System in accordance with | ||||||
3 | Section 14-110. The creditable
service shall be transferred | ||||||
4 | only upon payment by the police pension fund to
the State | ||||||
5 | Employees' Retirement System of an amount equal to:
| ||||||
6 | (1) the amounts accumulated to the credit of the | ||||||
7 | applicant for the service to be transferred on the books
of | ||||||
8 | the fund on the date of transfer; and
| ||||||
9 | (2) employer contributions in an amount equal to the | ||||||
10 | amount determined
under subparagraph (1); and
| ||||||
11 | (3) any interest paid by the applicant in order to | ||||||
12 | reinstate service to be transferred.
| ||||||
13 | Participation in the police pension fund with respect to the | ||||||
14 | service to be transferred shall terminate on the date
of | ||||||
15 | transfer.
| ||||||
16 | (b) Any person applying to transfer service under this | ||||||
17 | Section may reinstate service that was
terminated by receipt of | ||||||
18 | a refund, by paying to the police pension fund the
amount of | ||||||
19 | the refund with interest thereon at the actuarially assumed | ||||||
20 | rate of interest rate of 6% per year ,
compounded annually, from | ||||||
21 | the date of refund to the date of payment.
| ||||||
22 | (Source: P.A. 95-530, eff. 8-28-07.)
| ||||||
23 | (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
| ||||||
24 | Sec. 5-236. Transfer to Article 14.
| ||||||
25 | (a) Any active member of the State Employees'
Retirement |
| |||||||
| |||||||
1 | System who is a State policeman, conservation police officer, | ||||||
2 | an investigator for the Office of the Attorney General, or | ||||||
3 | investigator for the
Secretary of State may apply for transfer | ||||||
4 | of some or all of his or her
creditable service
accumulated | ||||||
5 | under this Article to the State Employees' Retirement System in | ||||||
6 | accordance with Section 14-110.
At the time of the transfer the | ||||||
7 | Fund shall pay to the State Employees'
Retirement System an | ||||||
8 | amount equal to:
| ||||||
9 | (1) the amounts accumulated to the credit of the | ||||||
10 | applicant for the service to be transferred on the books
of | ||||||
11 | the Fund on the date of transfer; and
| ||||||
12 | (2) the corresponding municipality credits, including | ||||||
13 | interest, on the
books of the Fund on the date of transfer; | ||||||
14 | and
| ||||||
15 | (3) any interest paid by the applicant in order to | ||||||
16 | reinstate service to be transferred.
| ||||||
17 | Participation in this Fund with respect to the service to be | ||||||
18 | transferred shall terminate on the date of transfer.
| ||||||
19 | (b) Any such State policeman, conservation police officer, | ||||||
20 | or investigator
for the Secretary of State may reinstate | ||||||
21 | service that was terminated by
receipt of a refund, by paying | ||||||
22 | to the Fund the amount of the refund with
interest thereon at | ||||||
23 | the actuarially assumed rate of interest rate of 6% per year , | ||||||
24 | compounded annually, from the
date of refund to the date of | ||||||
25 | payment.
| ||||||
26 | (c) Within 30 days after the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of
1993, any active member of the State | ||||||
2 | Employees' Retirement System who was
earning eligible | ||||||
3 | creditable service under subdivision (b)(12) of Section
14-110 | ||||||
4 | on January 1, 1992 and who has at least 17 years of creditable
| ||||||
5 | service under this Article may apply for transfer of his | ||||||
6 | creditable service
accumulated under this Article to the State | ||||||
7 | Employees' Retirement System.
At the time of the transfer the | ||||||
8 | Fund shall pay to the State Employees'
Retirement System an | ||||||
9 | amount equal to:
| ||||||
10 | (1) the amounts accumulated to the credit of the | ||||||
11 | applicant on the books
of the Fund on the date of transfer; | ||||||
12 | and
| ||||||
13 | (2) the corresponding municipality credits, including | ||||||
14 | interest, on the
books of the Fund on the date of transfer.
| ||||||
15 | Participation in this Fund shall terminate on the date of | ||||||
16 | transfer.
| ||||||
17 | (Source: P.A. 95-530, eff. 8-28-07.)"; and
| ||||||
18 | (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
| ||||||
19 | Sec. 7-139.8. Transfer to Article 14 System.
| ||||||
20 | (a) Any active member of the State Employees' Retirement | ||||||
21 | System who is a State policeman, an investigator for the | ||||||
22 | Secretary of State, a conservation police officer, an | ||||||
23 | investigator for the Office of the Attorney General, an
| ||||||
24 | investigator for the Office of the State's Attorneys Appellate | ||||||
25 | Prosecutor,
or a controlled substance inspector
may apply for |
| |||||||
| |||||||
1 | transfer of some or all of his or her credits and creditable | ||||||
2 | service
accumulated in this Fund for service as a sheriff's law | ||||||
3 | enforcement
employee , person employed by a participating | ||||||
4 | municipality to perform police duties, or law enforcement | ||||||
5 | officer employed on a full-time basis by a forest preserve | ||||||
6 | district to the State Employees' Retirement System in | ||||||
7 | accordance with
Section 14-110. The creditable service shall be | ||||||
8 | transferred only upon payment
by this Fund to the State | ||||||
9 | Employees' Retirement System of an amount equal to:
| ||||||
10 | (1) the amounts accumulated to the credit of the | ||||||
11 | applicant for the service
to be transferred, including | ||||||
12 | interest; and
| ||||||
13 | (2) municipality credits based on such service, | ||||||
14 | including interest; and
| ||||||
15 | (3) any interest paid by the applicant to reinstate | ||||||
16 | such service.
| ||||||
17 | Participation in this Fund as to any credits transferred under | ||||||
18 | this
Section shall terminate on the date of transfer.
| ||||||
19 | (b) Any person applying to transfer service under this | ||||||
20 | Section may reinstate credits and
creditable service | ||||||
21 | terminated upon receipt of a separation benefit, by paying
to | ||||||
22 | the Fund the amount of the separation benefit plus interest | ||||||
23 | thereon at the actuarially assumed rate of interest
rate of 6% | ||||||
24 | per year to the date of payment.
| ||||||
25 | (Source: P.A. 95-530, eff. 8-28-07.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
| ||||||
2 | Sec. 9-121.10. Transfer to Article 14.
| ||||||
3 | (a) Any active member of the State Employees'
Retirement | ||||||
4 | System who is a State policeman, investigator for the Office of | ||||||
5 | the Attorney General, investigator for the Secretary of State, | ||||||
6 | or conservation police officer may apply for transfer of some
| ||||||
7 | or all of his creditable service as a member of the County | ||||||
8 | Police
Department , a county corrections officer, or a court | ||||||
9 | services officer accumulated under this Article to the State | ||||||
10 | Employees'
Retirement System in accordance with Section | ||||||
11 | 14-110. At the time of the transfer the Fund shall pay to the
| ||||||
12 | State Employees' Retirement System an amount equal to:
| ||||||
13 | (1) the amounts accumulated to the credit of the | ||||||
14 | applicant on the
books of the Fund on the date of transfer | ||||||
15 | for the service to be
transferred; and
| ||||||
16 | (2) the corresponding municipality credits, including | ||||||
17 | interest, on the
books of the Fund on the date of transfer; | ||||||
18 | and
| ||||||
19 | (3) any interest paid by the applicant in order to | ||||||
20 | reinstate such service.
| ||||||
21 | Participation in this Fund with respect to the credits | ||||||
22 | transferred shall
terminate on the date of transfer.
| ||||||
23 | (b) Any person applying to transfer service under this | ||||||
24 | Section
may reinstate credit for service as a member of the | ||||||
25 | County Police
Department that was terminated by receipt of a | ||||||
26 | refund, by paying to the
Fund the amount of the refund with |
| |||||||
| |||||||
1 | interest thereon at the actuarially assumed rate of interest | ||||||
2 | rate of 6% per
year , compounded annually, from the date of | ||||||
3 | refund to the date of payment.
| ||||||
4 | (Source: P.A. 95-530, eff. 8-28-07.)
| ||||||
5 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
6 | Sec. 14-110. Alternative retirement annuity.
| ||||||
7 | (a) Any member who has withdrawn from service with not less | ||||||
8 | than 20
years of eligible creditable service and has attained | ||||||
9 | age 55, and any
member who has withdrawn from service with not | ||||||
10 | less than 25 years of
eligible creditable service and has | ||||||
11 | attained age 50, regardless of whether
the attainment of either | ||||||
12 | of the specified ages occurs while the member is
still in | ||||||
13 | service, shall be entitled to receive at the option of the | ||||||
14 | member,
in lieu of the regular or minimum retirement annuity, a | ||||||
15 | retirement annuity
computed as follows:
| ||||||
16 | (i) for periods of service as a noncovered employee:
if | ||||||
17 | retirement occurs on or after January 1, 2001, 3% of final
| ||||||
18 | average compensation for each year of creditable service; | ||||||
19 | if retirement occurs
before January 1, 2001, 2 1/4% of | ||||||
20 | final average compensation for each of the
first 10 years | ||||||
21 | of creditable service, 2 1/2% for each year above 10 years | ||||||
22 | to
and including 20 years of creditable service, and 2 3/4% | ||||||
23 | for each year of
creditable service above 20 years; and
| ||||||
24 | (ii) for periods of eligible creditable service as a | ||||||
25 | covered employee:
if retirement occurs on or after January |
| |||||||
| |||||||
1 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
2 | of creditable service; if retirement occurs before
January | ||||||
3 | 1, 2001, 1.67% of final average compensation for each of | ||||||
4 | the first
10 years of such service, 1.90% for each of the | ||||||
5 | next 10 years of such service,
2.10% for each year of such | ||||||
6 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
7 | each year in excess of 30.
| ||||||
8 | Such annuity shall be subject to a maximum of 75% of final | ||||||
9 | average
compensation if retirement occurs before January 1, | ||||||
10 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
11 | retirement occurs on or after January
1, 2001.
| ||||||
12 | These rates shall not be applicable to any service | ||||||
13 | performed
by a member as a covered employee which is not | ||||||
14 | eligible creditable service.
Service as a covered employee | ||||||
15 | which is not eligible creditable service
shall be subject to | ||||||
16 | the rates and provisions of Section 14-108.
| ||||||
17 | (b) For the purpose of this Section, "eligible creditable | ||||||
18 | service" means
creditable service resulting from service in one | ||||||
19 | or more of the following
positions:
| ||||||
20 | (1) State policeman;
| ||||||
21 | (2) fire fighter in the fire protection service of a | ||||||
22 | department;
| ||||||
23 | (3) air pilot;
| ||||||
24 | (4) special agent;
| ||||||
25 | (5) investigator for the Secretary of State;
| ||||||
26 | (6) conservation police officer;
|
| |||||||
| |||||||
1 | (7) investigator for the Department of Revenue;
| ||||||
2 | (8) security employee of the Department of Human | ||||||
3 | Services;
| ||||||
4 | (9) Central Management Services security police | ||||||
5 | officer;
| ||||||
6 | (10) security employee of the Department of | ||||||
7 | Corrections or the Department of Juvenile Justice;
| ||||||
8 | (11) dangerous drugs investigator;
| ||||||
9 | (12) investigator for the Department of State Police;
| ||||||
10 | (13) investigator for the Office of the Attorney | ||||||
11 | General;
| ||||||
12 | (14) controlled substance inspector;
| ||||||
13 | (15) investigator for the Office of the State's | ||||||
14 | Attorneys Appellate
Prosecutor;
| ||||||
15 | (16) Commerce Commission police officer;
| ||||||
16 | (17) arson investigator;
| ||||||
17 | (18) State highway maintenance worker.
| ||||||
18 | A person employed in one of the positions specified in this | ||||||
19 | subsection is
entitled to eligible creditable service for | ||||||
20 | service credit earned under this
Article while undergoing the | ||||||
21 | basic police training course approved by the
Illinois Law | ||||||
22 | Enforcement Training
Standards Board, if
completion of that | ||||||
23 | training is required of persons serving in that position.
For | ||||||
24 | the purposes of this Code, service during the required basic | ||||||
25 | police
training course shall be deemed performance of the | ||||||
26 | duties of the specified
position, even though the person is not |
| |||||||
| |||||||
1 | a sworn peace officer at the time of
the training.
| ||||||
2 | (c) For the purposes of this Section:
| ||||||
3 | (1) The term "state policeman" includes any title or | ||||||
4 | position
in the Department of State Police that is held by | ||||||
5 | an individual employed
under the State Police Act.
| ||||||
6 | (2) The term "fire fighter in the fire protection | ||||||
7 | service of a
department" includes all officers in such fire | ||||||
8 | protection service
including fire chiefs and assistant | ||||||
9 | fire chiefs.
| ||||||
10 | (3) The term "air pilot" includes any employee whose | ||||||
11 | official job
description on file in the Department of | ||||||
12 | Central Management Services, or
in the department by which | ||||||
13 | he is employed if that department is not covered
by the | ||||||
14 | Personnel Code, states that his principal duty is the | ||||||
15 | operation of
aircraft, and who possesses a pilot's license; | ||||||
16 | however, the change in this
definition made by this | ||||||
17 | amendatory Act of 1983 shall not operate to exclude
any | ||||||
18 | noncovered employee who was an "air pilot" for the purposes | ||||||
19 | of this
Section on January 1, 1984.
| ||||||
20 | (4) The term "special agent" means any person who by | ||||||
21 | reason of
employment by the Division of Narcotic Control, | ||||||
22 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
23 | Division of Criminal Investigation, the
Division of | ||||||
24 | Internal Investigation, the Division of Operations, or any
| ||||||
25 | other Division or organizational
entity in the Department | ||||||
26 | of State Police is vested by law with duties to
maintain |
| |||||||
| |||||||
1 | public order, investigate violations of the criminal law of | ||||||
2 | this
State, enforce the laws of this State, make arrests | ||||||
3 | and recover property.
The term "special agent" includes any | ||||||
4 | title or position in the Department
of State Police that is | ||||||
5 | held by an individual employed under the State
Police Act.
| ||||||
6 | (5) The term "investigator for the Secretary of State" | ||||||
7 | means any person
employed by the Office of the Secretary of | ||||||
8 | State and vested with such
investigative duties as render | ||||||
9 | him ineligible for coverage under the Social
Security Act | ||||||
10 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
11 | 218(l)(1)
of that Act.
| ||||||
12 | A person who became employed as an investigator for the | ||||||
13 | Secretary of
State between January 1, 1967 and December 31, | ||||||
14 | 1975, and who has served as
such until attainment of age | ||||||
15 | 60, either continuously or with a single break
in service | ||||||
16 | of not more than 3 years duration, which break terminated | ||||||
17 | before
January 1, 1976, shall be entitled to have his | ||||||
18 | retirement annuity
calculated in accordance with | ||||||
19 | subsection (a), notwithstanding
that he has less than 20 | ||||||
20 | years of credit for such service.
| ||||||
21 | (6) The term "Conservation Police Officer" means any | ||||||
22 | person employed
by the Division of Law Enforcement of the | ||||||
23 | Department of Natural Resources and
vested with such law | ||||||
24 | enforcement duties as render him ineligible for coverage
| ||||||
25 | under the Social Security Act by reason of Sections | ||||||
26 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The |
| |||||||
| |||||||
1 | term "Conservation Police Officer" includes
the positions | ||||||
2 | of Chief Conservation Police Administrator and Assistant
| ||||||
3 | Conservation Police Administrator.
| ||||||
4 | (7) The term "investigator for the Department of | ||||||
5 | Revenue" means any
person employed by the Department of | ||||||
6 | Revenue and vested with such
investigative duties as render | ||||||
7 | him ineligible for coverage under the Social
Security Act | ||||||
8 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
9 | 218(l)(1)
of that Act.
| ||||||
10 | (8) The term "security employee of the Department of | ||||||
11 | Human Services"
means any person employed by the Department | ||||||
12 | of Human Services who (i) is
employed at the Chester Mental | ||||||
13 | Health Center and has daily contact with the
residents | ||||||
14 | thereof, (ii) is employed within a security unit at a | ||||||
15 | facility
operated by the Department and has daily contact | ||||||
16 | with the residents of the
security unit, (iii) is employed | ||||||
17 | at a facility operated by the Department
that includes a | ||||||
18 | security unit and is regularly scheduled to work at least
| ||||||
19 | 50% of his or her working hours within that security unit, | ||||||
20 | or (iv) is a mental health police officer.
"Mental health | ||||||
21 | police officer" means any person employed by the Department | ||||||
22 | of
Human Services in a position pertaining to the | ||||||
23 | Department's mental health and
developmental disabilities | ||||||
24 | functions who is vested with such law enforcement
duties as | ||||||
25 | render the person ineligible for coverage under the Social | ||||||
26 | Security
Act by reason of Sections 218(d)(5)(A), |
| |||||||
| |||||||
1 | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | ||||||
2 | means that portion of a facility that is devoted to
the | ||||||
3 | care, containment, and treatment of persons committed to | ||||||
4 | the Department of
Human Services as sexually violent | ||||||
5 | persons, persons unfit to stand trial, or
persons not | ||||||
6 | guilty by reason of insanity. With respect to past | ||||||
7 | employment,
references to the Department of Human Services | ||||||
8 | include its predecessor, the
Department of Mental Health | ||||||
9 | and Developmental Disabilities.
| ||||||
10 | The changes made to this subdivision (c)(8) by Public | ||||||
11 | Act 92-14 apply to persons who retire on or after January | ||||||
12 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
13 | (9) "Central Management Services security police | ||||||
14 | officer" means any
person employed by the Department of | ||||||
15 | Central Management Services who is
vested with such law | ||||||
16 | enforcement duties as render him ineligible for
coverage | ||||||
17 | under the Social Security Act by reason of Sections | ||||||
18 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
19 | (10) For a member who first became an employee under | ||||||
20 | this Article before July 1, 2005, the term "security | ||||||
21 | employee of the Department of Corrections or the Department | ||||||
22 | of Juvenile Justice"
means any employee of the Department | ||||||
23 | of Corrections or the Department of Juvenile Justice or the | ||||||
24 | former
Department of Personnel, and any member or employee | ||||||
25 | of the Prisoner
Review Board, who has daily contact with | ||||||
26 | inmates or youth by working within a
correctional facility |
| |||||||
| |||||||
1 | or Juvenile facility operated by the Department of Juvenile | ||||||
2 | Justice or who is a parole officer or an employee who has
| ||||||
3 | direct contact with committed persons in the performance of | ||||||
4 | his or her
job duties. For a member who first becomes an | ||||||
5 | employee under this Article on or after July 1, 2005, the | ||||||
6 | term means an employee of the Department of Corrections or | ||||||
7 | the Department of Juvenile Justice who is any of the | ||||||
8 | following: (i) officially headquartered at a correctional | ||||||
9 | facility or Juvenile facility operated by the Department of | ||||||
10 | Juvenile Justice, (ii) a parole officer, (iii) a member of | ||||||
11 | the apprehension unit, (iv) a member of the intelligence | ||||||
12 | unit, (v) a member of the sort team, or (vi) an | ||||||
13 | investigator.
| ||||||
14 | (11) The term "dangerous drugs investigator" means any | ||||||
15 | person who is
employed as such by the Department of Human | ||||||
16 | Services.
| ||||||
17 | (12) The term "investigator for the Department of State | ||||||
18 | Police" means
a person employed by the Department of State | ||||||
19 | Police who is vested under
Section 4 of the Narcotic | ||||||
20 | Control Division Abolition Act with such
law enforcement | ||||||
21 | powers as render him ineligible for coverage under the
| ||||||
22 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
23 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
24 | (13) "Investigator for the Office of the Attorney | ||||||
25 | General" means any
person who is employed as such by the | ||||||
26 | Office of the Attorney General and
is vested with such |
| |||||||
| |||||||
1 | investigative 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. For | ||||||
4 | the period before January 1,
1989, the term includes all | ||||||
5 | persons who were employed as investigators by the
Office of | ||||||
6 | the Attorney General, without regard to social security | ||||||
7 | status.
| ||||||
8 | (14) "Controlled substance inspector" means any person | ||||||
9 | who is employed
as such by the Department of Professional | ||||||
10 | Regulation and is vested with such
law enforcement duties | ||||||
11 | as render him ineligible for coverage under the Social
| ||||||
12 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
13 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
14 | "controlled substance inspector" includes the Program
| ||||||
15 | Executive of Enforcement and the Assistant Program | ||||||
16 | Executive of Enforcement.
| ||||||
17 | (15) The term "investigator for the Office of the | ||||||
18 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
19 | employed in that capacity on a full
time basis under the | ||||||
20 | authority of Section 7.06 of the State's Attorneys
| ||||||
21 | Appellate Prosecutor's Act.
| ||||||
22 | (16) "Commerce Commission police officer" means any | ||||||
23 | person employed
by the Illinois Commerce Commission who is | ||||||
24 | vested with such law
enforcement duties as render him | ||||||
25 | ineligible for coverage under the Social
Security Act by | ||||||
26 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
|
| |||||||
| |||||||
1 | 218(l)(1) of that Act.
| ||||||
2 | (17) "Arson investigator" means any person who is | ||||||
3 | employed as such by
the Office of the State Fire Marshal | ||||||
4 | and is vested with such law enforcement
duties as render | ||||||
5 | the person ineligible for coverage under the Social | ||||||
6 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
7 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
8 | employed as an arson
investigator on January 1, 1995 and is | ||||||
9 | no longer in service but not yet
receiving a retirement | ||||||
10 | annuity may convert his or her creditable service for
| ||||||
11 | employment as an arson investigator into eligible | ||||||
12 | creditable service by paying
to the System the difference | ||||||
13 | between the employee contributions actually paid
for that | ||||||
14 | service and the amounts that would have been contributed if | ||||||
15 | the
applicant were contributing at the rate applicable to | ||||||
16 | persons with the same
social security status earning | ||||||
17 | eligible creditable service on the date of
application.
| ||||||
18 | (18) The term "State highway maintenance worker" means | ||||||
19 | a person who is
either of the following:
| ||||||
20 | (i) A person employed on a full-time basis by the | ||||||
21 | Illinois
Department of Transportation in the position | ||||||
22 | of
highway maintainer,
highway maintenance lead | ||||||
23 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
24 | construction equipment operator,
power shovel | ||||||
25 | operator, or
bridge mechanic; and
whose principal | ||||||
26 | responsibility is to perform, on the roadway, the |
| |||||||
| |||||||
1 | actual
maintenance necessary to keep the highways that | ||||||
2 | form a part of the State
highway system in serviceable | ||||||
3 | condition for vehicular traffic.
| ||||||
4 | (ii) A person employed on a full-time basis by the | ||||||
5 | Illinois
State Toll Highway Authority in the position | ||||||
6 | of
equipment operator/laborer H-4,
equipment | ||||||
7 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
8 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
9 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
10 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
11 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
12 | painter H-4, or
painter H-6; and
whose principal | ||||||
13 | responsibility is to perform, on the roadway, the | ||||||
14 | actual
maintenance necessary to keep the Authority's | ||||||
15 | tollways in serviceable condition
for vehicular | ||||||
16 | traffic.
| ||||||
17 | (d) A security employee of the Department of Corrections or | ||||||
18 | the Department of Juvenile Justice, and a security
employee of | ||||||
19 | the Department of Human Services who is not a mental health | ||||||
20 | police
officer, shall not be eligible for the alternative | ||||||
21 | retirement annuity provided
by this Section unless he or she | ||||||
22 | meets the following minimum age and service
requirements at the | ||||||
23 | time of retirement:
| ||||||
24 | (i) 25 years of eligible creditable service and age 55; | ||||||
25 | or
| ||||||
26 | (ii) beginning January 1, 1987, 25 years of eligible |
| |||||||
| |||||||
1 | creditable service
and age 54, or 24 years of eligible | ||||||
2 | creditable service and age 55; or
| ||||||
3 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
4 | creditable service
and age 53, or 23 years of eligible | ||||||
5 | creditable service and age 55; or
| ||||||
6 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
7 | creditable service
and age 52, or 22 years of eligible | ||||||
8 | creditable service and age 55; or
| ||||||
9 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
10 | creditable service
and age 51, or 21 years of eligible | ||||||
11 | creditable service and age 55; or
| ||||||
12 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
13 | creditable service
and age 50, or 20 years of eligible | ||||||
14 | creditable service and age 55.
| ||||||
15 | Persons who have service credit under Article 16 of this | ||||||
16 | Code for service
as a security employee of the Department of | ||||||
17 | Corrections or the Department of Juvenile Justice, or the | ||||||
18 | Department
of Human Services in a position requiring | ||||||
19 | certification as a teacher may
count such service toward | ||||||
20 | establishing their eligibility under the service
requirements | ||||||
21 | of this Section; but such service may be used only for
| ||||||
22 | establishing such eligibility, and not for the purpose of | ||||||
23 | increasing or
calculating any benefit.
| ||||||
24 | (e) If a member enters military service while working in a | ||||||
25 | position in
which eligible creditable service may be earned, | ||||||
26 | and returns to State
service in the same or another such |
| |||||||
| |||||||
1 | position, and fulfills in all other
respects the conditions | ||||||
2 | prescribed in this Article for credit for military
service, | ||||||
3 | such military service shall be credited as eligible creditable
| ||||||
4 | service for the purposes of the retirement annuity prescribed | ||||||
5 | in this Section.
| ||||||
6 | (f) For purposes of calculating retirement annuities under | ||||||
7 | this
Section, periods of service rendered after December 31, | ||||||
8 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
9 | position of special agent,
conservation police officer, mental | ||||||
10 | health police officer, or investigator
for the Secretary of | ||||||
11 | State, shall be deemed to have been service as a
noncovered | ||||||
12 | employee, provided that the employee pays to the System prior | ||||||
13 | to
retirement an amount equal to (1) the difference between the | ||||||
14 | employee
contributions that would have been required for such | ||||||
15 | service as a
noncovered employee, and the amount of employee | ||||||
16 | contributions actually
paid, plus (2) if payment is made after | ||||||
17 | July 31, 1987, regular interest
on the amount specified in item | ||||||
18 | (1) from the date of service to the date
of payment.
| ||||||
19 | For purposes of calculating retirement annuities under | ||||||
20 | this Section,
periods of service rendered after December 31, | ||||||
21 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
22 | position of investigator for the
Department of Revenue shall be | ||||||
23 | deemed to have been service as a noncovered
employee, provided | ||||||
24 | that the employee pays to the System prior to retirement
an | ||||||
25 | amount equal to (1) the difference between the employee | ||||||
26 | contributions
that would have been required for such service as |
| |||||||
| |||||||
1 | a noncovered employee,
and the amount of employee contributions | ||||||
2 | actually paid, plus (2) if payment
is made after January 1, | ||||||
3 | 1990, regular interest on the amount specified in
item (1) from | ||||||
4 | the date of service to the date of payment.
| ||||||
5 | (g) A State policeman may elect, not later than January 1, | ||||||
6 | 1990, to
establish eligible creditable service for up to 10 | ||||||
7 | years of his service as
a policeman under Article 3, by filing | ||||||
8 | a written election with the Board,
accompanied by payment of an | ||||||
9 | amount to be determined by the Board, equal to
(i) the | ||||||
10 | difference between the amount of employee and employer
| ||||||
11 | contributions transferred to the System under Section 3-110.5, | ||||||
12 | and the
amounts that would have been contributed had such | ||||||
13 | contributions been made
at the rates applicable to State | ||||||
14 | policemen, plus (ii) interest thereon at
the effective rate for | ||||||
15 | each year, compounded annually, from the date of
service to the | ||||||
16 | date of payment.
| ||||||
17 | Subject to the limitation in subsection (i), a State | ||||||
18 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
19 | eligible creditable service for
up to 10 years of his service | ||||||
20 | as a member of the County Police Department
under Article 9, by | ||||||
21 | filing a written election with the Board, accompanied
by | ||||||
22 | payment of an amount to be determined by the Board, equal to | ||||||
23 | (i) the
difference between the amount of employee and employer | ||||||
24 | contributions
transferred to the System under Section 9-121.10 | ||||||
25 | and the amounts that would
have been contributed had those | ||||||
26 | contributions been made at the rates
applicable to State |
| |||||||
| |||||||
1 | policemen, plus (ii) interest thereon at the effective
rate for | ||||||
2 | each year, compounded annually, from the date of service to the
| ||||||
3 | date of payment.
| ||||||
4 | (h) Subject to the limitation in subsection (i), a State | ||||||
5 | policeman or
investigator for the Secretary of State may elect | ||||||
6 | to establish eligible
creditable service for up to 12 years of | ||||||
7 | his service as a policeman under
Article 5, by filing a written | ||||||
8 | election with the Board on or before January
31, 1992, 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
5-236, 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 10 years of
service as a sheriff's | ||||||
21 | law enforcement employee under Article 7, by filing
a written | ||||||
22 | election with the Board on or before January 31, 1993, and | ||||||
23 | paying
to the System by January 31, 1994 an amount to be | ||||||
24 | determined by the Board,
equal to (i) the difference between | ||||||
25 | the amount of employee and
employer contributions transferred | ||||||
26 | to the System under Section
7-139.7, and the amounts that would |
| |||||||
| |||||||
1 | have been contributed had such
contributions been made at the | ||||||
2 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
3 | at the effective rate for each year, compounded
annually, from | ||||||
4 | the date of service 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 5 years of
service as a police | ||||||
9 | officer under Article 3, a policeman under Article 5, a | ||||||
10 | sheriff's law enforcement employee under Article 7, a member of | ||||||
11 | the county police department under Article 9, or a police | ||||||
12 | officer under Article 15 by filing
a written election with the | ||||||
13 | Board and paying
to the System an amount to be determined by | ||||||
14 | the Board,
equal to (i) the difference between the amount of | ||||||
15 | employee and
employer contributions transferred to the System | ||||||
16 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
17 | and the amounts that would have been contributed had such
| ||||||
18 | contributions been made at the rates applicable to State | ||||||
19 | policemen, plus
(ii) interest thereon at the effective rate for | ||||||
20 | each year, compounded
annually, from the date of service to the | ||||||
21 | date of payment. | ||||||
22 | Subject to the limitation in subsection (i), an | ||||||
23 | investigator for the Office of the Attorney General may elect | ||||||
24 | to establish eligible creditable service for up to 5 years of | ||||||
25 | service as a police officer under Article 3, a policeman under | ||||||
26 | Article 5, a sheriff's law enforcement employee under Article |
| |||||||
| |||||||
1 | 7, or a member of the county police department under Article 9 | ||||||
2 | by filing a written election with the Board within 6 months | ||||||
3 | after the effective date of this amendatory Act of 96th General | ||||||
4 | Assembly and paying to the System an amount to be determined by | ||||||
5 | the Board, equal to (i) the difference between the amount of | ||||||
6 | employee and employer contributions transferred to the System | ||||||
7 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
8 | amounts that would have been contributed had such contributions | ||||||
9 | been made at the rates applicable to State policemen, plus (ii) | ||||||
10 | interest thereon at the actuarially assumed rate for each year, | ||||||
11 | compounded annually, from the date of service to the date of | ||||||
12 | payment. | ||||||
13 | Subject to the limitation in subsection (i), a State | ||||||
14 | policeman, conservation police officer, investigator for the | ||||||
15 | Office of the Attorney General, or investigator for the | ||||||
16 | Secretary of State may elect to establish eligible creditable | ||||||
17 | service for up to 5 years of service as a person employed by a | ||||||
18 | participating municipality to perform police duties, or law | ||||||
19 | enforcement officer employed on a full-time basis by a forest | ||||||
20 | preserve district under Article 7, a county corrections | ||||||
21 | officer, or a court services officer under Article 9, by filing | ||||||
22 | a written election with the Board within 6 months after the | ||||||
23 | effective date of this amendatory Act of 96th General Assembly | ||||||
24 | and paying to the System 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 |
| |||||||
| |||||||
1 | under Sections 7-139.8 and 9-121.10 and the amounts that would | ||||||
2 | have been contributed had such contributions been made at the | ||||||
3 | rates applicable to State policemen, plus (ii) interest thereon | ||||||
4 | at the actuarially assumed rate for each year, compounded | ||||||
5 | annually, from the date of service to the 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | (n) A person employed in a position under subsection (b) of | ||||||
25 | this Section who has purchased service credit under subsection | ||||||
26 | (j) of Section 14-104 or subsection (b) of Section 14-105 in |
| |||||||
| |||||||
1 | any other capacity under this Article may convert up to 5 years | ||||||
2 | of that service credit into service credit covered under this | ||||||
3 | Section by paying to the Fund an amount equal to (1) the | ||||||
4 | additional employee contribution required under Section | ||||||
5 | 14-133, plus (2) the additional employer contribution required | ||||||
6 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
7 | the actuarially assumed rate from the date of the service to | ||||||
8 | the date of payment. | ||||||
9 | (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530, | ||||||
10 | eff. 8-28-07; 95-1036, eff. 2-17-09.)
| ||||||
11 | Section 90. The State Mandates Act is amended by adding | ||||||
12 | Section 8.33 as follows: | ||||||
13 | (30 ILCS 805/8.33 new) | ||||||
14 | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
15 | of this Act, no reimbursement by the State is required for the | ||||||
16 | implementation of any mandate created by this amendatory Act of | ||||||
17 | the 96th General Assembly. | ||||||
18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
|