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1 | AN ACT concerning public employee benefits.
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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 3-106, 14-110, and 14-152.1 and by adding Sections | ||||||||||||||||||||||||||||||||||
6 | 3-110.11 and 7-139.14 as follows:
| ||||||||||||||||||||||||||||||||||
7 | (40 ILCS 5/3-106) (from Ch. 108 1/2, par. 3-106)
| ||||||||||||||||||||||||||||||||||
8 | Sec. 3-106. Police officer, officer. "Police officer" or | ||||||||||||||||||||||||||||||||||
9 | "officer":
Any person who (1) is appointed to the police force | ||||||||||||||||||||||||||||||||||
10 | of a police department
and sworn and commissioned to perform | ||||||||||||||||||||||||||||||||||
11 | police duties; and (2) within 3 months
after receiving his or | ||||||||||||||||||||||||||||||||||
12 | her first
appointment and, if reappointed, within 3 months | ||||||||||||||||||||||||||||||||||
13 | thereafter, or as
otherwise provided in Section 3-109, makes | ||||||||||||||||||||||||||||||||||
14 | written application to the board
to come under the provisions | ||||||||||||||||||||||||||||||||||
15 | of this Article.
| ||||||||||||||||||||||||||||||||||
16 | Beginning on the effective date of this amendatory Act of | ||||||||||||||||||||||||||||||||||
17 | the 96th General Assembly, "police officer" or "officer" | ||||||||||||||||||||||||||||||||||
18 | includes any person who is employed as a police dispatcher. | ||||||||||||||||||||||||||||||||||
19 | Police officers serving initial probationary periods, if | ||||||||||||||||||||||||||||||||||
20 | otherwise eligible,
shall be police officers within the meaning | ||||||||||||||||||||||||||||||||||
21 | of this Section.
| ||||||||||||||||||||||||||||||||||
22 | (Source: P.A. 89-52, eff. 6-30-95.)
|
| |||||||
| |||||||
1 | (40 ILCS 5/3-110.11 new)
| ||||||
2 | Sec. 3-110.11. Transfer from IMRF. Until January 1,
2011, a | ||||||
3 | police dispatcher may transfer to a fund established under this
| ||||||
4 | Article all or any portion of his or her creditable service | ||||||
5 | accumulated under
Article 7 of this Code upon payment to the | ||||||
6 | fund of an amount to
be determined by the board, equal to (i) | ||||||
7 | the difference between
the amount of employee and employer | ||||||
8 | contributions transferred
to the fund under Section 7-139.13 | ||||||
9 | and the amounts that would
have been contributed had such | ||||||
10 | contributions been made at the
rates applicable to an employee | ||||||
11 | under this Article, plus (ii)
interest thereon at the effective | ||||||
12 | rate for each year,
compounded annually, from the date of | ||||||
13 | service to the date of
payment. | ||||||
14 | (40 ILCS 5/7-139.14 new)
| ||||||
15 | Sec. 7-139.14. Transfer to Article 3 fund. | ||||||
16 | (a) Until January 1, 2011, a police dispatcher who has | ||||||
17 | creditable service under this Article and who has
become an | ||||||
18 | active participant in a police pension fund
established under | ||||||
19 | Article 3 of this Code may apply for transfer
to that Article 3 | ||||||
20 | fund of all or any portion of his or her creditable service
| ||||||
21 | accumulated under this Article. At the time of the transfer the
| ||||||
22 | Fund shall pay to the police pension fund an amount equal to: | ||||||
23 | (1) the amounts accumulated to the credit of the
| ||||||
24 | applicant under this Article, including interest; | ||||||
25 | (2) the municipality credits based on that service,
|
| |||||||
| |||||||
1 | including interest; and | ||||||
2 | (3) any interest paid by the applicant in order to
| ||||||
3 | reinstate that service. | ||||||
4 | Participation in this Fund with respect to the transferred
| ||||||
5 | credits shall terminate on the date of transfer. | ||||||
6 | (b) A police dispatcher who is an active member of a | ||||||
7 | pension fund established under
Article 3 of this Code may | ||||||
8 | reinstate creditable service under
this Article that was | ||||||
9 | terminated by receipt of a refund by
paying to the Fund the | ||||||
10 | amount of the refund plus interest
thereon at the rate of 6% | ||||||
11 | per year, compounded annually, from
the date of refund to the | ||||||
12 | date of payment.
| ||||||
13 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
14 | Sec. 14-110. Alternative retirement annuity.
| ||||||
15 | (a) Any member who has withdrawn from service with not less | ||||||
16 | than 20
years of eligible creditable service and has attained | ||||||
17 | age 55, and any
member who has withdrawn from service with not | ||||||
18 | less than 25 years of
eligible creditable service and has | ||||||
19 | attained age 50, regardless of whether
the attainment of either | ||||||
20 | of the specified ages occurs while the member is
still in | ||||||
21 | service, shall be entitled to receive at the option of the | ||||||
22 | member,
in lieu of the regular or minimum retirement annuity, a | ||||||
23 | retirement annuity
computed as follows:
| ||||||
24 | (i) for periods of service as a noncovered employee:
if | ||||||
25 | retirement occurs on or after January 1, 2001, 3% of final
|
| |||||||
| |||||||
1 | average compensation for each year of creditable service; | ||||||
2 | if retirement occurs
before January 1, 2001, 2 1/4% of | ||||||
3 | final average compensation for each of the
first 10 years | ||||||
4 | of creditable service, 2 1/2% for each year above 10 years | ||||||
5 | to
and including 20 years of creditable service, and 2 3/4% | ||||||
6 | for each year of
creditable service above 20 years; and
| ||||||
7 | (ii) for periods of eligible creditable service as a | ||||||
8 | covered employee:
if retirement occurs on or after January | ||||||
9 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
10 | of creditable service; if retirement occurs before
January | ||||||
11 | 1, 2001, 1.67% of final average compensation for each of | ||||||
12 | the first
10 years of such service, 1.90% for each of the | ||||||
13 | next 10 years of such service,
2.10% for each year of such | ||||||
14 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
15 | each year in excess of 30.
| ||||||
16 | Such annuity shall be subject to a maximum of 75% of final | ||||||
17 | average
compensation if retirement occurs before January 1, | ||||||
18 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
19 | retirement occurs on or after January
1, 2001.
| ||||||
20 | These rates shall not be applicable to any service | ||||||
21 | performed
by a member as a covered employee which is not | ||||||
22 | eligible creditable service.
Service as a covered employee | ||||||
23 | which is not eligible creditable service
shall be subject to | ||||||
24 | the rates and provisions of Section 14-108.
| ||||||
25 | (b) For the purpose of this Section, "eligible creditable | ||||||
26 | service" means
creditable service resulting from service in one |
| |||||||
| |||||||
1 | or more of the following
positions:
| ||||||
2 | (1) State policeman;
| ||||||
3 | (2) fire fighter in the fire protection service of a | ||||||
4 | department;
| ||||||
5 | (3) air pilot;
| ||||||
6 | (4) special agent;
| ||||||
7 | (5) investigator for the Secretary of State;
| ||||||
8 | (6) conservation police officer;
| ||||||
9 | (7) investigator for the Department of Revenue or the | ||||||
10 | Illinois Gaming Board;
| ||||||
11 | (8) security employee of the Department of Human | ||||||
12 | Services;
| ||||||
13 | (9) Central Management Services security police | ||||||
14 | officer;
| ||||||
15 | (10) security employee of the Department of | ||||||
16 | Corrections or the Department of Juvenile Justice;
| ||||||
17 | (11) dangerous drugs investigator;
| ||||||
18 | (12) investigator for the Department of State Police;
| ||||||
19 | (13) investigator for the Office of the Attorney | ||||||
20 | General;
| ||||||
21 | (14) controlled substance inspector;
| ||||||
22 | (15) investigator for the Office of the State's | ||||||
23 | Attorneys Appellate
Prosecutor;
| ||||||
24 | (16) Commerce Commission police officer;
| ||||||
25 | (17) arson investigator;
| ||||||
26 | (18) State highway maintenance worker.
|
| |||||||
| |||||||
1 | A person employed in one of the positions specified in this | ||||||
2 | subsection is
entitled to eligible creditable service for | ||||||
3 | service credit earned under this
Article while undergoing the | ||||||
4 | basic police training course approved by the
Illinois Law | ||||||
5 | Enforcement Training
Standards Board, if
completion of that | ||||||
6 | training is required of persons serving in that position.
For | ||||||
7 | the purposes of this Code, service during the required basic | ||||||
8 | police
training course shall be deemed performance of the | ||||||
9 | duties of the specified
position, even though the person is not | ||||||
10 | a sworn peace officer at the time of
the training.
| ||||||
11 | (c) For the purposes of this Section:
| ||||||
12 | (1) The term "state policeman" includes any title or | ||||||
13 | position
in the Department of State Police that is held by | ||||||
14 | an individual employed
under the State Police Act.
| ||||||
15 | (2) The term "fire fighter in the fire protection | ||||||
16 | service of a
department" includes all officers in such fire | ||||||
17 | protection service
including fire chiefs and assistant | ||||||
18 | fire chiefs.
| ||||||
19 | (3) The term "air pilot" includes any employee whose | ||||||
20 | official job
description on file in the Department of | ||||||
21 | Central Management Services, or
in the department by which | ||||||
22 | he is employed if that department is not covered
by the | ||||||
23 | Personnel Code, states that his principal duty is the | ||||||
24 | operation of
aircraft, and who possesses a pilot's license; | ||||||
25 | however, the change in this
definition made by this | ||||||
26 | amendatory Act of 1983 shall not operate to exclude
any |
| |||||||
| |||||||
1 | noncovered employee who was an "air pilot" for the purposes | ||||||
2 | of this
Section on January 1, 1984.
| ||||||
3 | (4) The term "special agent" means any person who by | ||||||
4 | reason of
employment by the Division of Narcotic Control, | ||||||
5 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
6 | Division of Criminal Investigation, the
Division of | ||||||
7 | Internal Investigation, the Division of Operations, or any
| ||||||
8 | other Division or organizational
entity in the Department | ||||||
9 | of State Police is vested by law with duties to
maintain | ||||||
10 | public order, investigate violations of the criminal law of | ||||||
11 | this
State, enforce the laws of this State, make arrests | ||||||
12 | and recover property.
The term "special agent" includes any | ||||||
13 | title or position in the Department
of State Police that is | ||||||
14 | held by an individual employed under the State
Police Act.
| ||||||
15 | (5) The term "investigator for the Secretary of State" | ||||||
16 | means any person
employed by the Office of the Secretary of | ||||||
17 | State and vested with such
investigative duties as render | ||||||
18 | him ineligible for coverage under the Social
Security Act | ||||||
19 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
20 | 218(l)(1)
of that Act.
| ||||||
21 | A person who became employed as an investigator for the | ||||||
22 | Secretary of
State between January 1, 1967 and December 31, | ||||||
23 | 1975, and who has served as
such until attainment of age | ||||||
24 | 60, either continuously or with a single break
in service | ||||||
25 | of not more than 3 years duration, which break terminated | ||||||
26 | before
January 1, 1976, shall be entitled to have his |
| |||||||
| |||||||
1 | retirement annuity
calculated in accordance with | ||||||
2 | subsection (a), notwithstanding
that he has less than 20 | ||||||
3 | years of credit for such service.
| ||||||
4 | (6) The term "Conservation Police Officer" means any | ||||||
5 | person employed
by the Division of Law Enforcement of the | ||||||
6 | Department of Natural Resources and
vested with such law | ||||||
7 | enforcement duties as render him ineligible for coverage
| ||||||
8 | under the Social Security Act by reason of Sections | ||||||
9 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
10 | term "Conservation Police Officer" includes
the positions | ||||||
11 | of Chief Conservation Police Administrator and Assistant
| ||||||
12 | Conservation Police Administrator.
| ||||||
13 | (7) The term "investigator for the Department of | ||||||
14 | Revenue" means any
person employed by the Department of | ||||||
15 | Revenue and vested with such
investigative duties as render | ||||||
16 | him ineligible for coverage under the Social
Security Act | ||||||
17 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
18 | 218(l)(1)
of that Act.
| ||||||
19 | The term "investigator for the Illinois Gaming Board" | ||||||
20 | means any
person employed as such by the Illinois Gaming | ||||||
21 | Board and vested with such
peace officer duties as render | ||||||
22 | the person ineligible for coverage under the Social
| ||||||
23 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
24 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
25 | (8) The term "security employee of the Department of | ||||||
26 | Human Services"
means any person employed by the Department |
| |||||||
| |||||||
1 | of Human Services who (i) is
employed at the Chester Mental | ||||||
2 | Health Center and has daily contact with the
residents | ||||||
3 | thereof, (ii) is employed within a security unit at a | ||||||
4 | facility
operated by the Department and has daily contact | ||||||
5 | with the residents of the
security unit, (iii) is employed | ||||||
6 | at a facility operated by the Department
that includes a | ||||||
7 | security unit and is regularly scheduled to work at least
| ||||||
8 | 50% of his or her working hours within that security unit, | ||||||
9 | or (iv) is a mental health police officer.
"Mental health | ||||||
10 | police officer" means any person employed by the Department | ||||||
11 | of
Human Services in a position pertaining to the | ||||||
12 | Department's mental health and
developmental disabilities | ||||||
13 | functions who is vested with such law enforcement
duties as | ||||||
14 | render the person ineligible for coverage under the Social | ||||||
15 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
16 | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | ||||||
17 | means that portion of a facility that is devoted to
the | ||||||
18 | care, containment, and treatment of persons committed to | ||||||
19 | the Department of
Human Services as sexually violent | ||||||
20 | persons, persons unfit to stand trial, or
persons not | ||||||
21 | guilty by reason of insanity. With respect to past | ||||||
22 | employment,
references to the Department of Human Services | ||||||
23 | include its predecessor, the
Department of Mental Health | ||||||
24 | and Developmental Disabilities.
| ||||||
25 | The changes made to this subdivision (c)(8) by Public | ||||||
26 | Act 92-14 apply to persons who retire on or after January |
| |||||||
| |||||||
1 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
2 | (9) "Central Management Services security police | ||||||
3 | officer" means any
person employed by the Department of | ||||||
4 | Central Management Services who is
vested with such law | ||||||
5 | enforcement duties as render him ineligible for
coverage | ||||||
6 | under the Social Security Act by reason of Sections | ||||||
7 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
8 | (10) For a member who first became an employee under | ||||||
9 | this Article before July 1, 2005, the term "security | ||||||
10 | employee of the Department of Corrections or the Department | ||||||
11 | of Juvenile Justice"
means any employee of the Department | ||||||
12 | of Corrections or the Department of Juvenile Justice or the | ||||||
13 | former
Department of Personnel, and any member or employee | ||||||
14 | of the Prisoner
Review Board, who has daily contact with | ||||||
15 | inmates or youth by working within a
correctional facility | ||||||
16 | or Juvenile facility operated by the Department of Juvenile | ||||||
17 | Justice or who is a parole officer or an employee who has
| ||||||
18 | direct contact with committed persons in the performance of | ||||||
19 | his or her
job duties. For a member who first becomes an | ||||||
20 | employee under this Article on or after July 1, 2005, the | ||||||
21 | term means an employee of the Department of Corrections or | ||||||
22 | the Department of Juvenile Justice who is any of the | ||||||
23 | following: (i) officially headquartered at a correctional | ||||||
24 | facility or Juvenile facility operated by the Department of | ||||||
25 | Juvenile Justice, (ii) a parole officer, (iii) a member of | ||||||
26 | the apprehension unit, (iv) a member of the intelligence |
| |||||||
| |||||||
1 | unit, (v) a member of the sort team, or (vi) an | ||||||
2 | investigator.
| ||||||
3 | (11) The term "dangerous drugs investigator" means any | ||||||
4 | person who is
employed as such by the Department of Human | ||||||
5 | Services.
| ||||||
6 | (12) The term "investigator for the Department of State | ||||||
7 | Police" means
a person employed by the Department of State | ||||||
8 | Police who is vested under
Section 4 of the Narcotic | ||||||
9 | Control Division Abolition Act with such
law enforcement | ||||||
10 | powers as render him ineligible for coverage under the
| ||||||
11 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
12 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
13 | (13) "Investigator for the Office of the Attorney | ||||||
14 | General" means any
person who is employed as such by the | ||||||
15 | Office of the Attorney General and
is vested with such | ||||||
16 | investigative 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. For | ||||||
19 | the period before January 1,
1989, the term includes all | ||||||
20 | persons who were employed as investigators by the
Office of | ||||||
21 | the Attorney General, without regard to social security | ||||||
22 | status.
| ||||||
23 | (14) "Controlled substance inspector" means any person | ||||||
24 | who is employed
as such by the Department of Professional | ||||||
25 | Regulation and is vested with such
law enforcement duties | ||||||
26 | as render him ineligible for coverage under the Social
|
| |||||||
| |||||||
1 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
2 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
3 | "controlled substance inspector" includes the Program
| ||||||
4 | Executive of Enforcement and the Assistant Program | ||||||
5 | Executive of Enforcement.
| ||||||
6 | (15) The term "investigator for the Office of the | ||||||
7 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
8 | employed in that capacity on a full
time basis under the | ||||||
9 | authority of Section 7.06 of the State's Attorneys
| ||||||
10 | Appellate Prosecutor's Act.
| ||||||
11 | (16) "Commerce Commission police officer" means any | ||||||
12 | person employed
by the Illinois Commerce Commission who is | ||||||
13 | vested with such law
enforcement duties as render him | ||||||
14 | ineligible for coverage under the Social
Security Act by | ||||||
15 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
16 | 218(l)(1) of that Act.
| ||||||
17 | (17) "Arson investigator" means any person who is | ||||||
18 | employed as such by
the Office of the State Fire Marshal | ||||||
19 | and is vested with such law enforcement
duties as render | ||||||
20 | the person ineligible for coverage under the Social | ||||||
21 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
22 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
23 | employed as an arson
investigator on January 1, 1995 and is | ||||||
24 | no longer in service but not yet
receiving a retirement | ||||||
25 | annuity may convert his or her creditable service for
| ||||||
26 | employment as an arson investigator into eligible |
| |||||||
| |||||||
1 | creditable service by paying
to the System the difference | ||||||
2 | between the employee contributions actually paid
for that | ||||||
3 | service and the amounts that would have been contributed if | ||||||
4 | the
applicant were contributing at the rate applicable to | ||||||
5 | persons with the same
social security status earning | ||||||
6 | eligible creditable service on the date of
application.
| ||||||
7 | (18) The term "State highway maintenance worker" means | ||||||
8 | a person who is
either of the following:
| ||||||
9 | (i) A person employed on a full-time basis by the | ||||||
10 | Illinois
Department of Transportation in the position | ||||||
11 | of
highway maintainer,
highway maintenance lead | ||||||
12 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
13 | construction equipment operator,
power shovel | ||||||
14 | operator, or
bridge mechanic; and
whose principal | ||||||
15 | responsibility is to perform, on the roadway, the | ||||||
16 | actual
maintenance necessary to keep the highways that | ||||||
17 | form a part of the State
highway system in serviceable | ||||||
18 | condition for vehicular traffic.
| ||||||
19 | (ii) A person employed on a full-time basis by the | ||||||
20 | Illinois
State Toll Highway Authority in the position | ||||||
21 | of
equipment operator/laborer H-4,
equipment | ||||||
22 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
23 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
24 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
25 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
26 | roadway lighting H-6,
structural H-4,
structural H-6,
|
| |||||||
| |||||||
1 | painter H-4, or
painter H-6; and
whose principal | ||||||
2 | responsibility is to perform, on the roadway, the | ||||||
3 | actual
maintenance necessary to keep the Authority's | ||||||
4 | tollways in serviceable condition
for vehicular | ||||||
5 | traffic.
| ||||||
6 | (d) A security employee of the Department of Corrections or | ||||||
7 | the Department of Juvenile Justice, and a security
employee of | ||||||
8 | the Department of Human Services who is not a mental health | ||||||
9 | police
officer, shall not be eligible for the alternative | ||||||
10 | retirement annuity provided
by this Section unless he or she | ||||||
11 | meets the following minimum age and service
requirements at the | ||||||
12 | time of retirement:
| ||||||
13 | (i) 25 years of eligible creditable service and age 55; | ||||||
14 | or
| ||||||
15 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
16 | creditable service
and age 54, or 24 years of eligible | ||||||
17 | creditable service and age 55; or
| ||||||
18 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
19 | creditable service
and age 53, or 23 years of eligible | ||||||
20 | creditable service and age 55; or
| ||||||
21 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
22 | creditable service
and age 52, or 22 years of eligible | ||||||
23 | creditable service and age 55; or
| ||||||
24 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
25 | creditable service
and age 51, or 21 years of eligible | ||||||
26 | creditable service and age 55; or
|
| |||||||
| |||||||
1 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
2 | creditable service
and age 50, or 20 years of eligible | ||||||
3 | creditable service and age 55.
| ||||||
4 | Persons who have service credit under Article 16 of this | ||||||
5 | Code for service
as a security employee of the Department of | ||||||
6 | Corrections or the Department of Juvenile Justice, or the | ||||||
7 | Department
of Human Services in a position requiring | ||||||
8 | certification as a teacher may
count such service toward | ||||||
9 | establishing their eligibility under the service
requirements | ||||||
10 | of this Section; but such service may be used only for
| ||||||
11 | establishing such eligibility, and not for the purpose of | ||||||
12 | increasing or
calculating any benefit.
| ||||||
13 | (e) If a member enters military service while working in a | ||||||
14 | position in
which eligible creditable service may be earned, | ||||||
15 | and returns to State
service in the same or another such | ||||||
16 | position, and fulfills in all other
respects the conditions | ||||||
17 | prescribed in this Article for credit for military
service, | ||||||
18 | such military service shall be credited as eligible creditable
| ||||||
19 | service for the purposes of the retirement annuity prescribed | ||||||
20 | in this Section.
| ||||||
21 | (f) For purposes of calculating retirement annuities under | ||||||
22 | this
Section, periods of service rendered after December 31, | ||||||
23 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
24 | position of special agent,
conservation police officer, mental | ||||||
25 | health police officer, or investigator
for the Secretary of | ||||||
26 | State, shall be deemed to have been service as a
noncovered |
| |||||||
| |||||||
1 | employee, provided that the employee pays to the System prior | ||||||
2 | to
retirement an amount equal to (1) the difference between the | ||||||
3 | employee
contributions that would have been required for such | ||||||
4 | service as a
noncovered employee, and the amount of employee | ||||||
5 | contributions actually
paid, plus (2) if payment is made after | ||||||
6 | July 31, 1987, regular interest
on the amount specified in item | ||||||
7 | (1) from the date of service to the date
of payment.
| ||||||
8 | For purposes of calculating retirement annuities under | ||||||
9 | this Section,
periods of service rendered after December 31, | ||||||
10 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
11 | position of investigator for the
Department of Revenue shall be | ||||||
12 | deemed to have been service as a noncovered
employee, provided | ||||||
13 | that the employee pays to the System prior to retirement
an | ||||||
14 | amount equal to (1) the difference between the employee | ||||||
15 | contributions
that would have been required for such service as | ||||||
16 | a noncovered employee,
and the amount of employee contributions | ||||||
17 | actually paid, plus (2) if payment
is made after January 1, | ||||||
18 | 1990, regular interest on the amount specified in
item (1) from | ||||||
19 | the date of service to the date of payment.
| ||||||
20 | (g) A State policeman may elect, not later than January 1, | ||||||
21 | 1990, to
establish eligible creditable service for up to 10 | ||||||
22 | years of his service as
a policeman under Article 3, by filing | ||||||
23 | a written election with the Board,
accompanied by payment of an | ||||||
24 | amount to be determined by the Board, equal to
(i) the | ||||||
25 | difference between the amount of employee and employer
| ||||||
26 | contributions transferred to the System under Section 3-110.5, |
| |||||||
| |||||||
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 | Subject to the limitation in subsection (i), a State | ||||||
7 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
8 | eligible creditable service for
up to 10 years of his service | ||||||
9 | as a member of the County Police Department
under Article 9, by | ||||||
10 | filing a written election with the Board, accompanied
by | ||||||
11 | payment of an amount to be determined by the Board, equal to | ||||||
12 | (i) the
difference between the amount of employee and employer | ||||||
13 | contributions
transferred to the System under Section 9-121.10 | ||||||
14 | and the amounts that would
have been contributed had those | ||||||
15 | contributions been made at the rates
applicable to State | ||||||
16 | policemen, plus (ii) interest thereon at the effective
rate for | ||||||
17 | each year, compounded annually, from the date of service to the
| ||||||
18 | date of payment.
| ||||||
19 | (h) Subject to the limitation in subsection (i), a State | ||||||
20 | policeman or
investigator for the Secretary of State may elect | ||||||
21 | to establish eligible
creditable service for up to 12 years of | ||||||
22 | his service as a policeman under
Article 5, by filing a written | ||||||
23 | election with the Board on or before January
31, 1992, and | ||||||
24 | paying to the System by January 31, 1994 an amount to be
| ||||||
25 | determined by the Board, equal to (i) the difference between | ||||||
26 | the amount of
employee and employer contributions transferred |
| |||||||
| |||||||
1 | to the System under Section
5-236, 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 effective rate for each year, compounded
annually, from | ||||||
5 | the date of service to the date of payment.
| ||||||
6 | Subject to the limitation in subsection (i), a State | ||||||
7 | policeman,
conservation police officer, or investigator for | ||||||
8 | the Secretary of State may
elect to establish eligible | ||||||
9 | creditable service for up to 10 years of
service as a sheriff's | ||||||
10 | law enforcement employee under Article 7, by filing
a written | ||||||
11 | election with the Board on or before January 31, 1993, and | ||||||
12 | paying
to the System by January 31, 1994 an amount to be | ||||||
13 | determined by the Board,
equal to (i) the difference between | ||||||
14 | the amount of employee and
employer contributions transferred | ||||||
15 | to the System under Section
7-139.7, and the amounts that would | ||||||
16 | have been contributed had such
contributions been made at the | ||||||
17 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
18 | at the effective rate for each year, compounded
annually, from | ||||||
19 | the date of service to the date of payment.
| ||||||
20 | Subject to the limitation in subsection (i), a State | ||||||
21 | policeman,
conservation police officer, or investigator for | ||||||
22 | the Secretary of State may
elect to establish eligible | ||||||
23 | creditable service for up to 5 years of
service as a police | ||||||
24 | officer under Article 3, a policeman under Article 5, a | ||||||
25 | sheriff's law enforcement employee under Article 7, a member of | ||||||
26 | the county police department under Article 9, or a police |
| |||||||
| |||||||
1 | officer under Article 15 by filing
a written election with the | ||||||
2 | Board and paying
to the System an amount to be determined by | ||||||
3 | the Board,
equal to (i) the difference between the amount of | ||||||
4 | employee and
employer contributions transferred to the System | ||||||
5 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
6 | and the amounts that would have been contributed had such
| ||||||
7 | contributions been made at the rates applicable to State | ||||||
8 | policemen, plus
(ii) interest thereon at the effective rate for | ||||||
9 | each year, compounded
annually, from the date of service to the | ||||||
10 | date of payment. | ||||||
11 | Subject to the limitation in subsection (i), an | ||||||
12 | investigator for the Office of the Attorney General, or an | ||||||
13 | investigator for the Department of Revenue, may elect to | ||||||
14 | establish eligible creditable service for up to 5 years of | ||||||
15 | service as a police officer under Article 3, a policeman under | ||||||
16 | Article 5, a sheriff's law enforcement employee under Article | ||||||
17 | 7, or a member of the county police department under Article 9 | ||||||
18 | by filing a written election with the Board within 6 months | ||||||
19 | after August 25, 2009 ( the effective date of Public Act 96-745) | ||||||
20 | this amendatory Act of the 96th General Assembly and paying to | ||||||
21 | the System an amount to be determined by the Board, equal to | ||||||
22 | (i) the difference between the amount of employee and employer | ||||||
23 | contributions transferred to the System under Section 3-110.6, | ||||||
24 | 5-236, 7-139.8, or 9-121.10 and the amounts that would have | ||||||
25 | been contributed had such contributions been made at the rates | ||||||
26 | applicable to State policemen, plus (ii) interest thereon at |
| |||||||
| |||||||
1 | the actuarially assumed rate for each year, compounded | ||||||
2 | annually, from the date of service to the date of payment. | ||||||
3 | Subject to the limitation in subsection (i), a State | ||||||
4 | policeman, conservation police officer, investigator for the | ||||||
5 | Office of the Attorney General, an investigator for the | ||||||
6 | Department of Revenue, or investigator for the Secretary of | ||||||
7 | State may elect to establish eligible creditable service for up | ||||||
8 | to 5 years of service as a person employed by a participating | ||||||
9 | municipality to perform police duties, or law enforcement | ||||||
10 | officer employed on a full-time basis by a forest preserve | ||||||
11 | district under Article 7, a county corrections officer, or a | ||||||
12 | court services officer under Article 9, by filing a written | ||||||
13 | election with the Board within 6 months after August 25, 2009 | ||||||
14 | ( the effective date of Public Act 96-745) this amendatory Act | ||||||
15 | of the 96th General Assembly and paying to the System an amount | ||||||
16 | to be determined by the Board, equal to (i) the difference | ||||||
17 | between the amount of employee and employer contributions | ||||||
18 | transferred to the System under Sections 7-139.8 and 9-121.10 | ||||||
19 | and the amounts that would have been contributed had such | ||||||
20 | contributions been made at the rates applicable to State | ||||||
21 | policemen, plus (ii) interest thereon at the actuarially | ||||||
22 | assumed rate for each year, compounded annually, from the date | ||||||
23 | of service to the date of payment. | ||||||
24 | Subject to the limitation in subsection (i), an | ||||||
25 | investigator for the Secretary of State may
elect to establish | ||||||
26 | eligible creditable service for up to 5 years of
service as a |
| |||||||
| |||||||
1 | police officer under Article 3 or Article 7 if he or she has | ||||||
2 | not otherwise established credit for that service under this | ||||||
3 | subsection (h) or any other provision of this Code by filing
a | ||||||
4 | written election with the Board within 6 months after the | ||||||
5 | effective date of this amendatory Act of the 96th General | ||||||
6 | Assembly and paying
to the System an amount determined by the | ||||||
7 | Board to be
equal to the amount of employee and
employer | ||||||
8 | contributions that would have been contributed had such
| ||||||
9 | contributions been made at the rates applicable to State | ||||||
10 | policemen, plus
interest thereon at the effective rate for each | ||||||
11 | year, compounded
annually, from the date of service to the date | ||||||
12 | of payment. | ||||||
13 | (i) The total amount of eligible creditable service | ||||||
14 | established by any
person under subsections (g), (h), (j), (k), | ||||||
15 | and (l) of this
Section shall not exceed 12 years.
| ||||||
16 | (j) Subject to the limitation in subsection (i), an | ||||||
17 | investigator for
the Office of the State's Attorneys Appellate | ||||||
18 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
19 | establish eligible creditable service for up to 10 years of his | ||||||
20 | service as
a policeman under Article 3 or a sheriff's law | ||||||
21 | enforcement employee under
Article 7, by filing a written | ||||||
22 | election with the Board, accompanied by
payment of an amount to | ||||||
23 | be determined by the Board, equal to (1) the
difference between | ||||||
24 | the amount of employee and employer contributions
transferred | ||||||
25 | to the System under Section 3-110.6 or 7-139.8, and the amounts
| ||||||
26 | that would have been contributed had such contributions been |
| |||||||
| |||||||
1 | made at the
rates applicable to State policemen, plus (2) | ||||||
2 | interest thereon at the
effective rate for each year, | ||||||
3 | compounded annually, from the date of service
to the date of | ||||||
4 | payment.
| ||||||
5 | (k) Subject to the limitation in subsection (i) of this | ||||||
6 | Section, an
alternative formula employee may elect to establish | ||||||
7 | eligible creditable
service for periods spent as a full-time | ||||||
8 | law enforcement officer or full-time
corrections officer | ||||||
9 | employed by the federal government or by a state or local
| ||||||
10 | government located outside of Illinois, for which credit is not | ||||||
11 | held in any
other public employee pension fund or retirement | ||||||
12 | system. To obtain this
credit, the applicant must file a | ||||||
13 | written application with the Board by March
31, 1998, | ||||||
14 | accompanied by evidence of eligibility acceptable to the Board | ||||||
15 | and
payment of an amount to be determined by the Board, equal | ||||||
16 | to (1) employee
contributions for the credit being established, | ||||||
17 | based upon the applicant's
salary on the first day as an | ||||||
18 | alternative formula employee after the employment
for which | ||||||
19 | credit is being established and the rates then applicable to
| ||||||
20 | alternative formula employees, plus (2) an amount determined by | ||||||
21 | the Board
to be the employer's normal cost of the benefits | ||||||
22 | accrued for the credit being
established, plus (3) regular | ||||||
23 | interest on the amounts in items (1) and (2) from
the first day | ||||||
24 | as an alternative formula employee after the employment for | ||||||
25 | which
credit is being established to the date of payment.
| ||||||
26 | (l) Subject to the limitation in subsection (i), a security |
| |||||||
| |||||||
1 | employee of
the Department of Corrections may elect, not later | ||||||
2 | than July 1, 1998, to
establish eligible creditable service for | ||||||
3 | up to 10 years of his or her service
as a policeman under | ||||||
4 | Article 3, by filing a written election with the Board,
| ||||||
5 | accompanied by payment of an amount to be determined by the | ||||||
6 | Board, equal to
(i) the difference between the amount of | ||||||
7 | employee and employer contributions
transferred to the System | ||||||
8 | under Section 3-110.5, and the amounts that would
have been | ||||||
9 | contributed had such contributions been made at the rates | ||||||
10 | applicable
to security employees of the Department of | ||||||
11 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
12 | for each year, compounded annually, from the date
of service to | ||||||
13 | the date of payment.
| ||||||
14 | (m) The amendatory changes to this Section made by this | ||||||
15 | amendatory Act of the 94th General Assembly apply only to: (1) | ||||||
16 | security employees of the Department of Juvenile Justice | ||||||
17 | employed by the Department of Corrections before the effective | ||||||
18 | date of this amendatory Act of the 94th General Assembly and | ||||||
19 | transferred to the Department of Juvenile Justice by this | ||||||
20 | amendatory Act of the 94th General Assembly; and (2) persons | ||||||
21 | employed by the Department of Juvenile Justice on or after the | ||||||
22 | effective date of this amendatory Act of the 94th General | ||||||
23 | Assembly who are required by subsection (b) of Section 3-2.5-15 | ||||||
24 | of the Unified Code of Corrections to have a bachelor's or | ||||||
25 | advanced degree from an accredited college or university with a | ||||||
26 | specialization in criminal justice, education, psychology, |
| |||||||
| |||||||
1 | social work, or a closely related social science or, in the | ||||||
2 | case of persons who provide vocational training, who are | ||||||
3 | required to have adequate knowledge in the skill for which they | ||||||
4 | are providing the vocational training.
| ||||||
5 | (n) A person employed in a position under subsection (b) of | ||||||
6 | this Section who has purchased service credit under subsection | ||||||
7 | (j) of Section 14-104 or subsection (b) of Section 14-105 in | ||||||
8 | any other capacity under this Article may convert up to 5 years | ||||||
9 | of that service credit into service credit covered under this | ||||||
10 | Section by paying to the Fund an amount equal to (1) the | ||||||
11 | additional employee contribution required under Section | ||||||
12 | 14-133, plus (2) the additional employer contribution required | ||||||
13 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
14 | the actuarially assumed rate from the date of the service to | ||||||
15 | the date of payment. | ||||||
16 | (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; | ||||||
17 | 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; revised 10-1-09.)
| ||||||
18 | (40 ILCS 5/14-152.1)
| ||||||
19 | Sec. 14-152.1. Application and expiration of new benefit | ||||||
20 | increases. | ||||||
21 | (a) As used in this Section, "new benefit increase" means | ||||||
22 | an increase in the amount of any benefit provided under this | ||||||
23 | Article, or an expansion of the conditions of eligibility for | ||||||
24 | any benefit under this Article, that results from an amendment | ||||||
25 | to this Code that takes effect after June 1, 2005 (the |
| |||||||
| |||||||
1 | effective date of Public Act 94-4). "New benefit increase", | ||||||
2 | however, does not include any benefit increase resulting from | ||||||
3 | the changes made to this Article by Public Act 96-37 or this | ||||||
4 | amendatory Act of the 96th General Assembly this amendatory Act | ||||||
5 | of the 96th General Assembly .
| ||||||
6 | (b) Notwithstanding any other provision of this Code or any | ||||||
7 | subsequent amendment to this Code, every new benefit increase | ||||||
8 | is subject to this Section and shall be deemed to be granted | ||||||
9 | only in conformance with and contingent upon compliance with | ||||||
10 | the provisions of this Section.
| ||||||
11 | (c) The Public Act enacting a new benefit increase must | ||||||
12 | identify and provide for payment to the System of additional | ||||||
13 | funding at least sufficient to fund the resulting annual | ||||||
14 | increase in cost to the System as it accrues. | ||||||
15 | Every new benefit increase is contingent upon the General | ||||||
16 | Assembly providing the additional funding required under this | ||||||
17 | subsection. The Commission on Government Forecasting and | ||||||
18 | Accountability shall analyze whether adequate additional | ||||||
19 | funding has been provided for the new benefit increase and | ||||||
20 | shall report its analysis to the Public Pension Division of the | ||||||
21 | Department of Financial and Professional Regulation. A new | ||||||
22 | benefit increase created by a Public Act that does not include | ||||||
23 | the additional funding required under this subsection is null | ||||||
24 | and void. If the Public Pension Division determines that the | ||||||
25 | additional funding provided for a new benefit increase under | ||||||
26 | this subsection is or has become inadequate, it may so certify |
| |||||||
| |||||||
1 | to the Governor and the State Comptroller and, in the absence | ||||||
2 | of corrective action by the General Assembly, the new benefit | ||||||
3 | increase shall expire at the end of the fiscal year in which | ||||||
4 | the certification is made.
| ||||||
5 | (d) Every new benefit increase shall expire 5 years after | ||||||
6 | its effective date or on such earlier date as may be specified | ||||||
7 | in the language enacting the new benefit increase or provided | ||||||
8 | under subsection (c). This does not prevent the General | ||||||
9 | Assembly from extending or re-creating a new benefit increase | ||||||
10 | by law. | ||||||
11 | (e) Except as otherwise provided in the language creating | ||||||
12 | the new benefit increase, a new benefit increase that expires | ||||||
13 | under this Section continues to apply to persons who applied | ||||||
14 | and qualified for the affected benefit while the new benefit | ||||||
15 | increase was in effect and to the affected beneficiaries and | ||||||
16 | alternate payees of such persons, but does not apply to any | ||||||
17 | other person, including without limitation a person who | ||||||
18 | continues in service after the expiration date and did not | ||||||
19 | apply and qualify for the affected benefit while the new | ||||||
20 | benefit increase was in effect.
| ||||||
21 | (Source: P.A. 96-37, eff. 7-13-09.) | ||||||
22 | Section 90. The State Mandates Act is amended by adding | ||||||
23 | Section 8.34 as follows: | ||||||
24 | (30 ILCS 805/8.34 new) |
| |||||||
| |||||||
1 | Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
2 | of this Act, no reimbursement by the State is required for the | ||||||
3 | implementation of any mandate created by this amendatory Act of | ||||||
4 | the 96th General Assembly.
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
|