Sen. Antonio Muņoz

Filed: 2/20/2019

 

 


 

 


 
10100SB0208sam001LRB101 05036 RPS 56068 a

1
AMENDMENT TO SENATE BILL 208

2    AMENDMENT NO. ______. Amend Senate Bill 208 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Sections 1-160 and 14-110 as follows:
 
6    (40 ILCS 5/1-160)
7    Sec. 1-160. Provisions applicable to new hires.
8    (a) The provisions of this Section apply to a person who,
9on or after January 1, 2011, first becomes a member or a
10participant under any reciprocal retirement system or pension
11fund established under this Code, other than a retirement
12system or pension fund established under Article 2, 3, 4, 5, 6,
1315 or 18 of this Code, notwithstanding any other provision of
14this Code to the contrary, but do not apply to any self-managed
15plan established under this Code, to any person with respect to
16service as a sheriff's law enforcement employee under Article

 

 

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17, or to any participant of the retirement plan established
2under Section 22-101. Notwithstanding anything to the contrary
3in this Section, for purposes of this Section, a person who
4participated in a retirement system under Article 15 prior to
5January 1, 2011 shall be deemed a person who first became a
6member or participant prior to January 1, 2011 under any
7retirement system or pension fund subject to this Section. The
8changes made to this Section by Public Act 98-596 are a
9clarification of existing law and are intended to be
10retroactive to January 1, 2011 (the effective date of Public
11Act 96-889), notwithstanding the provisions of Section 1-103.1
12of this Code.
13    This Section does not apply to a person who first becomes a
14noncovered employee under Article 14 on or after the
15implementation date of the plan created under Section 1-161 for
16that Article, unless that person elects under subsection (b) of
17Section 1-161 to instead receive the benefits provided under
18this Section and the applicable provisions of that Article.
19    This Section does not apply to a person who first becomes a
20member or participant under Article 16 on or after the
21implementation date of the plan created under Section 1-161 for
22that Article, unless that person elects under subsection (b) of
23Section 1-161 to instead receive the benefits provided under
24this Section and the applicable provisions of that Article.
25    This Section does not apply to a person who elects under
26subsection (c-5) of Section 1-161 to receive the benefits under

 

 

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1Section 1-161.
2    This Section does not apply to a person who first becomes a
3member or participant of an affected pension fund on or after 6
4months after the resolution or ordinance date, as defined in
5Section 1-162, unless that person elects under subsection (c)
6of Section 1-162 to receive the benefits provided under this
7Section and the applicable provisions of the Article under
8which he or she is a member or participant.
9    (b) "Final average salary" means the average monthly (or
10annual) salary obtained by dividing the total salary or
11earnings calculated under the Article applicable to the member
12or participant during the 96 consecutive months (or 8
13consecutive years) of service within the last 120 months (or 10
14years) of service in which the total salary or earnings
15calculated under the applicable Article was the highest by the
16number of months (or years) of service in that period. For the
17purposes of a person who first becomes a member or participant
18of any retirement system or pension fund to which this Section
19applies on or after January 1, 2011, in this Code, "final
20average salary" shall be substituted for the following:
21        (1) In Article 7 (except for service as sheriff's law
22    enforcement employees), "final rate of earnings".
23        (2) In Articles 8, 9, 10, 11, and 12, "highest average
24    annual salary for any 4 consecutive years within the last
25    10 years of service immediately preceding the date of
26    withdrawal".

 

 

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1        (3) In Article 13, "average final salary".
2        (4) In Article 14, "final average compensation".
3        (5) In Article 17, "average salary".
4        (6) In Section 22-207, "wages or salary received by him
5    at the date of retirement or discharge".
6    (b-5) Beginning on January 1, 2011, for all purposes under
7this Code (including without limitation the calculation of
8benefits and employee contributions), the annual earnings,
9salary, or wages (based on the plan year) of a member or
10participant to whom this Section applies shall not exceed
11$106,800; however, that amount shall annually thereafter be
12increased by the lesser of (i) 3% of that amount, including all
13previous adjustments, or (ii) one-half the annual unadjusted
14percentage increase (but not less than zero) in the consumer
15price index-u for the 12 months ending with the September
16preceding each November 1, including all previous adjustments.
17    For the purposes of this Section, "consumer price index-u"
18means the index published by the Bureau of Labor Statistics of
19the United States Department of Labor that measures the average
20change in prices of goods and services purchased by all urban
21consumers, United States city average, all items, 1982-84 =
22100. The new amount resulting from each annual adjustment shall
23be determined by the Public Pension Division of the Department
24of Insurance and made available to the boards of the retirement
25systems and pension funds by November 1 of each year.
26    (c) A member or participant is entitled to a retirement

 

 

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1annuity upon written application if he or she has attained age
267 (beginning January 1, 2015, age 65 with respect to service
3under Article 12 of this Code that is subject to this Section)
4and has at least 10 years of service credit and is otherwise
5eligible under the requirements of the applicable Article.
6    A member or participant who has attained age 62 (beginning
7January 1, 2015, age 60 with respect to service under Article
812 of this Code that is subject to this Section) and has at
9least 10 years of service credit and is otherwise eligible
10under the requirements of the applicable Article may elect to
11receive the lower retirement annuity provided in subsection (d)
12of this Section.
13    (c-5) A person who first becomes a member or a participant
14subject to this Section on or after July 6, 2017 (the effective
15date of Public Act 100-23), notwithstanding any other provision
16of this Code to the contrary, is entitled to a retirement
17annuity under Article 8 or Article 11 upon written application
18if he or she has attained age 65 and has at least 10 years of
19service credit and is otherwise eligible under the requirements
20of Article 8 or Article 11 of this Code, whichever is
21applicable.
22    (d) The retirement annuity of a member or participant who
23is retiring after attaining age 62 (beginning January 1, 2015,
24age 60 with respect to service under Article 12 of this Code
25that is subject to this Section) with at least 10 years of
26service credit shall be reduced by one-half of 1% for each full

 

 

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1month that the member's age is under age 67 (beginning January
21, 2015, age 65 with respect to service under Article 12 of
3this Code that is subject to this Section).
4    (d-5) The retirement annuity payable under Article 8 or
5Article 11 to an eligible person subject to subsection (c-5) of
6this Section who is retiring at age 60 with at least 10 years
7of service credit shall be reduced by one-half of 1% for each
8full month that the member's age is under age 65.
9    (d-10) Each person who first became a member or participant
10under Article 8 or Article 11 of this Code on or after January
111, 2011 and prior to the effective date of this amendatory Act
12of the 100th General Assembly shall make an irrevocable
13election either:
14        (i) to be eligible for the reduced retirement age
15    provided in subsections (c-5) and (d-5) of this Section,
16    the eligibility for which is conditioned upon the member or
17    participant agreeing to the increases in employee
18    contributions for age and service annuities provided in
19    subsection (a-5) of Section 8-174 of this Code (for service
20    under Article 8) or subsection (a-5) of Section 11-170 of
21    this Code (for service under Article 11); or
22        (ii) to not agree to item (i) of this subsection
23    (d-10), in which case the member or participant shall
24    continue to be subject to the retirement age provisions in
25    subsections (c) and (d) of this Section and the employee
26    contributions for age and service annuity as provided in

 

 

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1    subsection (a) of Section 8-174 of this Code (for service
2    under Article 8) or subsection (a) of Section 11-170 of
3    this Code (for service under Article 11).
4    The election provided for in this subsection shall be made
5between October 1, 2017 and November 15, 2017. A person subject
6to this subsection who makes the required election shall remain
7bound by that election. A person subject to this subsection who
8fails for any reason to make the required election within the
9time specified in this subsection shall be deemed to have made
10the election under item (ii).
11    (e) Any retirement annuity or supplemental annuity shall be
12subject to annual increases on the January 1 occurring either
13on or after the attainment of age 67 (beginning January 1,
142015, age 65 with respect to service under Article 12 of this
15Code that is subject to this Section and beginning on the
16effective date of this amendatory Act of the 100th General
17Assembly, age 65 with respect to service under Article 8 or
18Article 11 for eligible persons who: (i) are subject to
19subsection (c-5) of this Section; or (ii) made the election
20under item (i) of subsection (d-10) of this Section) or the
21first anniversary of the annuity start date, whichever is
22later. Each annual increase shall be calculated at 3% or
23one-half the annual unadjusted percentage increase (but not
24less than zero) in the consumer price index-u for the 12 months
25ending with the September preceding each November 1, whichever
26is less, of the originally granted retirement annuity. If the

 

 

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1annual unadjusted percentage change in the consumer price
2index-u for the 12 months ending with the September preceding
3each November 1 is zero or there is a decrease, then the
4annuity shall not be increased.
5    For the purposes of Section 1-103.1 of this Code, the
6changes made to this Section by this amendatory Act of the
7100th General Assembly are applicable without regard to whether
8the employee was in active service on or after the effective
9date of this amendatory Act of the 100th General Assembly.
10    (f) The initial survivor's or widow's annuity of an
11otherwise eligible survivor or widow of a retired member or
12participant who first became a member or participant on or
13after January 1, 2011 shall be in the amount of 66 2/3% of the
14retired member's or participant's retirement annuity at the
15date of death. In the case of the death of a member or
16participant who has not retired and who first became a member
17or participant on or after January 1, 2011, eligibility for a
18survivor's or widow's annuity shall be determined by the
19applicable Article of this Code. The initial benefit shall be
2066 2/3% of the earned annuity without a reduction due to age. A
21child's annuity of an otherwise eligible child shall be in the
22amount prescribed under each Article if applicable. Any
23survivor's or widow's annuity shall be increased (1) on each
24January 1 occurring on or after the commencement of the annuity
25if the deceased member died while receiving a retirement
26annuity or (2) in other cases, on each January 1 occurring

 

 

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1after the first anniversary of the commencement of the annuity.
2Each annual increase shall be calculated at 3% or one-half the
3annual unadjusted percentage increase (but not less than zero)
4in the consumer price index-u for the 12 months ending with the
5September preceding each November 1, whichever is less, of the
6originally granted survivor's annuity. If the annual
7unadjusted percentage change in the consumer price index-u for
8the 12 months ending with the September preceding each November
91 is zero or there is a decrease, then the annuity shall not be
10increased.
11    (g) The benefits in Section 14-110 apply only if the person
12is a State policeman, a fire fighter in the fire protection
13service of a department, a conservation police officer, a
14security employee of the Department of Corrections or the
15Department of Juvenile Justice, or a security employee of the
16Department of Innovation and Technology, as those terms are
17defined in subsection (b) and subsection (c) of Section 14-110.
18A person who meets the requirements of this Section is entitled
19to an annuity calculated under the provisions of Section
2014-110, in lieu of the regular or minimum retirement annuity,
21only if the person has withdrawn from service with not less
22than 20 years of eligible creditable service and has attained
23age 60, regardless of whether the attainment of age 60 occurs
24while the person is still in service.
25    (h) If a person who first becomes a member or a participant
26of a retirement system or pension fund subject to this Section

 

 

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1on or after January 1, 2011 is receiving a retirement annuity
2or retirement pension under that system or fund and becomes a
3member or participant under any other system or fund created by
4this Code and is employed on a full-time basis, except for
5those members or participants exempted from the provisions of
6this Section under subsection (a) of this Section, then the
7person's retirement annuity or retirement pension under that
8system or fund shall be suspended during that employment. Upon
9termination of that employment, the person's retirement
10annuity or retirement pension payments shall resume and be
11recalculated if recalculation is provided for under the
12applicable Article of this Code.
13    If a person who first becomes a member of a retirement
14system or pension fund subject to this Section on or after
15January 1, 2012 and is receiving a retirement annuity or
16retirement pension under that system or fund and accepts on a
17contractual basis a position to provide services to a
18governmental entity from which he or she has retired, then that
19person's annuity or retirement pension earned as an active
20employee of the employer shall be suspended during that
21contractual service. A person receiving an annuity or
22retirement pension under this Code shall notify the pension
23fund or retirement system from which he or she is receiving an
24annuity or retirement pension, as well as his or her
25contractual employer, of his or her retirement status before
26accepting contractual employment. A person who fails to submit

 

 

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1such notification shall be guilty of a Class A misdemeanor and
2required to pay a fine of $1,000. Upon termination of that
3contractual employment, the person's retirement annuity or
4retirement pension payments shall resume and, if appropriate,
5be recalculated under the applicable provisions of this Code.
6    (i) (Blank).
7    (j) In the case of a conflict between the provisions of
8this Section and any other provision of this Code, the
9provisions of this Section shall control.
10(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
11100-563, eff. 12-8-17; 100-611, eff. 7-20-18; 100-1166, eff.
121-4-19.)
 
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
16than 20 years of eligible creditable service and has attained
17age 55, and any member who has withdrawn from service with not
18less than 25 years of eligible creditable service and has
19attained age 50, regardless of whether the attainment of either
20of the specified ages occurs while the member is still in
21service, shall be entitled to receive at the option of the
22member, in lieu of the regular or minimum retirement annuity, a
23retirement 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

 

 

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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
17average compensation if retirement occurs before January 1,
182001 or to a maximum of 80% of final average compensation if
19retirement occurs on or after January 1, 2001.
20    These rates shall not be applicable to any service
21performed by a member as a covered employee which is not
22eligible creditable service. Service as a covered employee
23which is not eligible creditable service shall be subject to
24the rates and provisions of Section 14-108.
25    (b) For the purpose of this Section, "eligible creditable
26service" means creditable service resulting from service in one

 

 

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1or 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;

 

 

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1        (19) security employee of the Department of Innovation
2    and Technology; or
3        (20) transferred employee.
4    A person employed in one of the positions specified in this
5subsection is entitled to eligible creditable service for
6service credit earned under this Article while undergoing the
7basic police training course approved by the Illinois Law
8Enforcement Training Standards Board, if completion of that
9training is required of persons serving in that position. For
10the purposes of this Code, service during the required basic
11police training course shall be deemed performance of the
12duties of the specified position, even though the person is not
13a sworn peace officer at the time of the training.
14    A person under paragraph (20) is entitled to eligible
15creditable service for service credit earned under this Article
16on and after his or her transfer by Executive Order No.
172003-10, Executive Order No. 2004-2, or Executive Order No.
182016-1.
19    (c) For the purposes of this Section:
20        (1) The term "State policeman" includes any title or
21    position in the Department of State Police that is held by
22    an individual employed under the State Police Act.
23        (2) The term "fire fighter in the fire protection
24    service of a department" includes all officers in such fire
25    protection service including fire chiefs and assistant
26    fire chiefs.

 

 

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1        (3) The term "air pilot" includes any employee whose
2    official job description on file in the Department of
3    Central Management Services, or in the department by which
4    he is employed if that department is not covered by the
5    Personnel Code, states that his principal duty is the
6    operation of aircraft, and who possesses a pilot's license;
7    however, the change in this definition made by this
8    amendatory Act of 1983 shall not operate to exclude any
9    noncovered employee who was an "air pilot" for the purposes
10    of this Section on January 1, 1984.
11        (4) The term "special agent" means any person who by
12    reason of employment by the Division of Narcotic Control,
13    the Bureau of Investigation or, after July 1, 1977, the
14    Division of Criminal Investigation, the Division of
15    Internal Investigation, the Division of Operations, or any
16    other Division or organizational entity in the Department
17    of State Police is vested by law with duties to maintain
18    public order, investigate violations of the criminal law of
19    this State, enforce the laws of this State, make arrests
20    and recover property. The term "special agent" includes any
21    title or position in the Department of State Police that is
22    held by an individual employed under the State Police Act.
23        (5) The term "investigator for the Secretary of State"
24    means any person employed by the Office of the Secretary of
25    State and vested with such investigative duties as render
26    him ineligible for coverage under the Social Security Act

 

 

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1    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
2    218(l)(1) of that Act.
3        A person who became employed as an investigator for the
4    Secretary of State between January 1, 1967 and December 31,
5    1975, and who has served as such until attainment of age
6    60, either continuously or with a single break in service
7    of not more than 3 years duration, which break terminated
8    before January 1, 1976, shall be entitled to have his
9    retirement annuity calculated in accordance with
10    subsection (a), notwithstanding that he has less than 20
11    years of credit for such service.
12        (6) The term "Conservation Police Officer" means any
13    person employed by the Division of Law Enforcement of the
14    Department of Natural Resources and vested with such law
15    enforcement duties as render him ineligible for coverage
16    under the Social Security Act by reason of Sections
17    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
18    term "Conservation Police Officer" includes the positions
19    of Chief Conservation Police Administrator and Assistant
20    Conservation Police Administrator.
21        (7) The term "investigator for the Department of
22    Revenue" means any person employed by the Department of
23    Revenue and vested with such investigative duties as render
24    him ineligible for coverage under the Social Security Act
25    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
26    218(l)(1) of that Act.

 

 

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1        The term "investigator for the Illinois Gaming Board"
2    means any person employed as such by the Illinois Gaming
3    Board and vested with such peace officer duties as render
4    the person ineligible for coverage under the Social
5    Security Act by reason of Sections 218(d)(5)(A),
6    218(d)(8)(D), and 218(l)(1) of that Act.
7        (8) The term "security employee of the Department of
8    Human Services" means any person employed by the Department
9    of Human Services who (i) is employed at the Chester Mental
10    Health Center and has daily contact with the residents
11    thereof, (ii) is employed within a security unit at a
12    facility operated by the Department and has daily contact
13    with the residents of the security unit, (iii) is employed
14    at a facility operated by the Department that includes a
15    security unit and is regularly scheduled to work at least
16    50% of his or her working hours within that security unit,
17    or (iv) is a mental health police officer. "Mental health
18    police officer" means any person employed by the Department
19    of Human Services in a position pertaining to the
20    Department's mental health and developmental disabilities
21    functions who is vested with such law enforcement duties as
22    render 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. "Security unit"
25    means that portion of a facility that is devoted to the
26    care, containment, and treatment of persons committed to

 

 

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1    the Department of Human Services as sexually violent
2    persons, persons unfit to stand trial, or persons not
3    guilty by reason of insanity. With respect to past
4    employment, references to the Department of Human Services
5    include its predecessor, the Department of Mental Health
6    and Developmental Disabilities.
7        The changes made to this subdivision (c)(8) by Public
8    Act 92-14 apply to persons who retire on or after January
9    1, 2001, notwithstanding Section 1-103.1.
10        (9) "Central Management Services security police
11    officer" means any person employed by the Department of
12    Central Management Services who is vested with such law
13    enforcement duties as render him ineligible for coverage
14    under the Social Security Act by reason of Sections
15    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
16        (10) For a member who first became an employee under
17    this Article before July 1, 2005, the term "security
18    employee of the Department of Corrections or the Department
19    of Juvenile Justice" means any employee of the Department
20    of Corrections or the Department of Juvenile Justice or the
21    former Department of Personnel, and any member or employee
22    of the Prisoner Review Board, who has daily contact with
23    inmates or youth by working within a correctional facility
24    or Juvenile facility operated by the Department of Juvenile
25    Justice or who is a parole officer or an employee who has
26    direct contact with committed persons in the performance of

 

 

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1    his or her job duties. For a member who first becomes an
2    employee under this Article on or after July 1, 2005, the
3    term means an employee of the Department of Corrections or
4    the Department of Juvenile Justice who is any of the
5    following: (i) officially headquartered at a correctional
6    facility or Juvenile facility operated by the Department of
7    Juvenile Justice, (ii) a parole officer, (iii) a member of
8    the apprehension unit, (iv) a member of the intelligence
9    unit, (v) a member of the sort team, or (vi) an
10    investigator.
11        (11) The term "dangerous drugs investigator" means any
12    person who is employed as such by the Department of Human
13    Services.
14        (12) The term "investigator for the Department of State
15    Police" means a person employed by the Department of State
16    Police who is vested under Section 4 of the Narcotic
17    Control Division Abolition Act with such law enforcement
18    powers as render him ineligible for coverage under the
19    Social Security Act by reason of Sections 218(d)(5)(A),
20    218(d)(8)(D) and 218(l)(1) of that Act.
21        (13) "Investigator for the Office of the Attorney
22    General" means any person who is employed as such by the
23    Office of the Attorney General and is vested with such
24    investigative 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. For

 

 

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1    the period before January 1, 1989, the term includes all
2    persons who were employed as investigators by the Office of
3    the Attorney General, without regard to social security
4    status.
5        (14) "Controlled substance inspector" means any person
6    who is employed as such by the Department of Professional
7    Regulation and is vested with such law enforcement duties
8    as render him ineligible for coverage under the Social
9    Security Act by reason of Sections 218(d)(5)(A),
10    218(d)(8)(D) and 218(l)(1) of that Act. The term
11    "controlled substance inspector" includes the Program
12    Executive of Enforcement and the Assistant Program
13    Executive of Enforcement.
14        (15) The term "investigator for the Office of the
15    State's Attorneys Appellate Prosecutor" means a person
16    employed in that capacity on a full time basis under the
17    authority of Section 7.06 of the State's Attorneys
18    Appellate Prosecutor's Act.
19        (16) "Commerce Commission police officer" means any
20    person employed by the Illinois Commerce Commission who is
21    vested with such law enforcement duties as render him
22    ineligible for coverage under the Social Security Act by
23    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
24    218(l)(1) of that Act.
25        (17) "Arson investigator" means any person who is
26    employed as such by the Office of the State Fire Marshal

 

 

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1    and is vested with such law enforcement duties as render
2    the person ineligible for coverage under the Social
3    Security Act by reason of Sections 218(d)(5)(A),
4    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
5    employed as an arson investigator on January 1, 1995 and is
6    no longer in service but not yet receiving a retirement
7    annuity may convert his or her creditable service for
8    employment as an arson investigator into eligible
9    creditable service by paying to the System the difference
10    between the employee contributions actually paid for that
11    service and the amounts that would have been contributed if
12    the applicant were contributing at the rate applicable to
13    persons with the same social security status earning
14    eligible creditable service on the date of application.
15        (18) The term "State highway maintenance worker" means
16    a person who is either of the following:
17            (i) A person employed on a full-time basis by the
18        Illinois Department of Transportation in the position
19        of highway maintainer, highway maintenance lead
20        worker, highway maintenance lead/lead worker, heavy
21        construction equipment operator, power shovel
22        operator, or bridge mechanic; and whose principal
23        responsibility is to perform, on the roadway, the
24        actual maintenance necessary to keep the highways that
25        form a part of the State highway system in serviceable
26        condition for vehicular traffic.

 

 

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1            (ii) A person employed on a full-time basis by the
2        Illinois State Toll Highway Authority in the position
3        of equipment operator/laborer H-4, equipment
4        operator/laborer H-6, welder H-4, welder H-6,
5        mechanical/electrical H-4, mechanical/electrical H-6,
6        water/sewer H-4, water/sewer H-6, sign maker/hanger
7        H-4, sign maker/hanger H-6, roadway lighting H-4,
8        roadway lighting H-6, structural H-4, structural H-6,
9        painter H-4, or painter H-6; and whose principal
10        responsibility is to perform, on the roadway, the
11        actual maintenance necessary to keep the Authority's
12        tollways in serviceable condition for vehicular
13        traffic.
14        (19) The term "security employee of the Department of
15    Innovation and Technology" means a person who was a
16    security employee of the Department of Corrections or the
17    Department of Juvenile Justice, was transferred to the
18    Department of Innovation and Technology pursuant to
19    Executive Order 2016-01, and continues to perform similar
20    job functions under that Department.
21        (20) "Transferred employee" means an employee who was
22    transferred to the Department of Central Management
23    Services by Executive Order No. 2003-10 or Executive Order
24    No. 2004-2 or transferred to the Department of Innovation
25    and Technology by Executive Order No. 2016-1, or both, and
26    was entitled to eligible creditable service for services

 

 

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1    immediately preceding the transfer.
2    (d) A security employee of the Department of Corrections or
3the Department of Juvenile Justice, a security employee of the
4Department of Human Services who is not a mental health police
5officer, and a security employee of the Department of
6Innovation and Technology shall not be eligible for the
7alternative retirement annuity provided by this Section unless
8he or she meets the following minimum age and service
9requirements at the time of retirement:
10        (i) 25 years of eligible creditable service and age 55;
11    or
12        (ii) beginning January 1, 1987, 25 years of eligible
13    creditable service and age 54, or 24 years of eligible
14    creditable service and age 55; or
15        (iii) beginning January 1, 1988, 25 years of eligible
16    creditable service and age 53, or 23 years of eligible
17    creditable service and age 55; or
18        (iv) beginning January 1, 1989, 25 years of eligible
19    creditable service and age 52, or 22 years of eligible
20    creditable service and age 55; or
21        (v) beginning January 1, 1990, 25 years of eligible
22    creditable service and age 51, or 21 years of eligible
23    creditable service and age 55; or
24        (vi) beginning January 1, 1991, 25 years of eligible
25    creditable service and age 50, or 20 years of eligible
26    creditable service and age 55.

 

 

10100SB0208sam001- 24 -LRB101 05036 RPS 56068 a

1    Persons who have service credit under Article 16 of this
2Code for service as a security employee of the Department of
3Corrections or the Department of Juvenile Justice, or the
4Department of Human Services in a position requiring
5certification as a teacher may count such service toward
6establishing their eligibility under the service requirements
7of this Section; but such service may be used only for
8establishing such eligibility, and not for the purpose of
9increasing or calculating any benefit.
10    (e) If a member enters military service while working in a
11position in which eligible creditable service may be earned,
12and returns to State service in the same or another such
13position, and fulfills in all other respects the conditions
14prescribed in this Article for credit for military service,
15such military service shall be credited as eligible creditable
16service for the purposes of the retirement annuity prescribed
17in this Section.
18    (f) For purposes of calculating retirement annuities under
19this Section, periods of service rendered after December 31,
201968 and before October 1, 1975 as a covered employee in the
21position of special agent, conservation police officer, mental
22health police officer, or investigator for the Secretary of
23State, shall be deemed to have been service as a noncovered
24employee, provided that the employee pays to the System prior
25to retirement an amount equal to (1) the difference between the
26employee contributions that would have been required for such

 

 

10100SB0208sam001- 25 -LRB101 05036 RPS 56068 a

1service as a noncovered employee, and the amount of employee
2contributions actually paid, plus (2) if payment is made after
3July 31, 1987, regular interest on the amount specified in item
4(1) from the date of service to the date of payment.
5    For purposes of calculating retirement annuities under
6this Section, periods of service rendered after December 31,
71968 and before January 1, 1982 as a covered employee in the
8position of investigator for the Department of Revenue shall be
9deemed to have been service as a noncovered employee, provided
10that the employee pays to the System prior to retirement an
11amount equal to (1) the difference between the employee
12contributions that would have been required for such service as
13a noncovered employee, and the amount of employee contributions
14actually paid, plus (2) if payment is made after January 1,
151990, regular interest on the amount specified in item (1) from
16the date of service to the date of payment.
17    (g) A State policeman may elect, not later than January 1,
181990, to establish eligible creditable service for up to 10
19years of his service as a policeman under Article 3, by filing
20a written election with the Board, accompanied by payment of an
21amount to be determined by the Board, equal to (i) the
22difference between the amount of employee and employer
23contributions transferred to the System under Section 3-110.5,
24and the amounts that would have been contributed had such
25contributions been made at the rates applicable to State
26policemen, plus (ii) interest thereon at the effective rate for

 

 

10100SB0208sam001- 26 -LRB101 05036 RPS 56068 a

1each year, compounded annually, from the date of service to the
2date of payment.
3    Subject to the limitation in subsection (i), a State
4policeman may elect, not later than July 1, 1993, to establish
5eligible creditable service for up to 10 years of his service
6as a member of the County Police Department under Article 9, by
7filing a written election with the Board, accompanied by
8payment of an amount to be determined by the Board, equal to
9(i) the difference between the amount of employee and employer
10contributions transferred to the System under Section 9-121.10
11and the amounts that would have been contributed had those
12contributions been made at the rates applicable to State
13policemen, plus (ii) interest thereon at the effective rate for
14each year, compounded annually, from the date of service to the
15date of payment.
16    (h) Subject to the limitation in subsection (i), a State
17policeman or investigator for the Secretary of State may elect
18to establish eligible creditable service for up to 12 years of
19his service as a policeman under Article 5, by filing a written
20election with the Board on or before January 31, 1992, and
21paying to the System by January 31, 1994 an amount to be
22determined by the Board, equal to (i) the difference between
23the amount of employee and employer contributions transferred
24to the System under Section 5-236, and the amounts that would
25have been contributed had such contributions been made at the
26rates applicable to State policemen, plus (ii) interest thereon

 

 

10100SB0208sam001- 27 -LRB101 05036 RPS 56068 a

1at the effective rate for each year, compounded annually, from
2the date of service to the date of payment.
3    Subject to the limitation in subsection (i), a State
4policeman, conservation police officer, or investigator for
5the Secretary of State may elect to establish eligible
6creditable service for up to 10 years of service as a sheriff's
7law enforcement employee under Article 7, by filing a written
8election with the Board on or before January 31, 1993, and
9paying to the System by January 31, 1994 an amount to be
10determined by the Board, equal to (i) the difference between
11the amount of employee and employer contributions transferred
12to the System under Section 7-139.7, and the amounts that would
13have been contributed had such contributions been made at the
14rates applicable to State policemen, plus (ii) interest thereon
15at the effective rate for each year, compounded annually, from
16the date of service to the date of payment.
17    Subject to the limitation in subsection (i), a State
18policeman, conservation police officer, or investigator for
19the Secretary of State may elect to establish eligible
20creditable service for up to 5 years of service as a police
21officer under Article 3, a policeman under Article 5, a
22sheriff's law enforcement employee under Article 7, a member of
23the county police department under Article 9, or a police
24officer under Article 15 by filing a written election with the
25Board and paying to the System an amount to be determined by
26the Board, equal to (i) the difference between the amount of

 

 

10100SB0208sam001- 28 -LRB101 05036 RPS 56068 a

1employee and employer contributions transferred to the System
2under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
3and the amounts that would have been contributed had such
4contributions been made at the rates applicable to State
5policemen, plus (ii) interest thereon at the effective rate for
6each year, compounded annually, from the date of service to the
7date of payment.
8    Subject to the limitation in subsection (i), an
9investigator for the Office of the Attorney General, or an
10investigator for the Department of Revenue, may elect to
11establish eligible creditable service for up to 5 years of
12service as a police officer under Article 3, a policeman under
13Article 5, a sheriff's law enforcement employee under Article
147, or a member of the county police department under Article 9
15by filing a written election with the Board within 6 months
16after August 25, 2009 (the effective date of Public Act 96-745)
17and paying to the System an amount to be determined by the
18Board, equal to (i) the difference between the amount of
19employee and employer contributions transferred to the System
20under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
21amounts that would have been contributed had such contributions
22been made at the rates applicable to State policemen, plus (ii)
23interest thereon at the actuarially assumed rate for each year,
24compounded annually, from the date of service to the date of
25payment.
26    Subject to the limitation in subsection (i), a State

 

 

10100SB0208sam001- 29 -LRB101 05036 RPS 56068 a

1policeman, conservation police officer, investigator for the
2Office of the Attorney General, an investigator for the
3Department of Revenue, or investigator for the Secretary of
4State may elect to establish eligible creditable service for up
5to 5 years of service as a person employed by a participating
6municipality to perform police duties, or law enforcement
7officer employed on a full-time basis by a forest preserve
8district under Article 7, a county corrections officer, or a
9court services officer under Article 9, by filing a written
10election with the Board within 6 months after August 25, 2009
11(the effective date of Public Act 96-745) and paying to the
12System an amount to be determined by the Board, equal to (i)
13the difference between the amount of employee and employer
14contributions transferred to the System under Sections 7-139.8
15and 9-121.10 and the amounts that would have been contributed
16had such contributions been made at the rates applicable to
17State policemen, plus (ii) interest thereon at the actuarially
18assumed rate for each year, compounded annually, from the date
19of service to the date of payment.
20    (i) The total amount of eligible creditable service
21established by any person under subsections (g), (h), (j), (k),
22and (l) of this Section shall not exceed 12 years.
23    (j) Subject to the limitation in subsection (i), an
24investigator for the Office of the State's Attorneys Appellate
25Prosecutor or a controlled substance inspector may elect to
26establish eligible creditable service for up to 10 years of his

 

 

10100SB0208sam001- 30 -LRB101 05036 RPS 56068 a

1service as a policeman under Article 3 or a sheriff's law
2enforcement employee under Article 7, by filing a written
3election with the Board, accompanied by payment of an amount to
4be determined by the Board, equal to (1) the difference between
5the amount of employee and employer contributions transferred
6to the System under Section 3-110.6 or 7-139.8, and the amounts
7that would have been contributed had such contributions been
8made at the rates applicable to State policemen, plus (2)
9interest thereon at the effective rate for each year,
10compounded annually, from the date of service to the date of
11payment.
12    (k) Subject to the limitation in subsection (i) of this
13Section, an alternative formula employee may elect to establish
14eligible creditable service for periods spent as a full-time
15law enforcement officer or full-time corrections officer
16employed by the federal government or by a state or local
17government located outside of Illinois, for which credit is not
18held in any other public employee pension fund or retirement
19system. To obtain this credit, the applicant must file a
20written application with the Board by March 31, 1998,
21accompanied by evidence of eligibility acceptable to the Board
22and payment of an amount to be determined by the Board, equal
23to (1) employee contributions for the credit being established,
24based upon the applicant's salary on the first day as an
25alternative formula employee after the employment for which
26credit is being established and the rates then applicable to

 

 

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1alternative formula employees, plus (2) an amount determined by
2the Board to be the employer's normal cost of the benefits
3accrued for the credit being established, plus (3) regular
4interest on the amounts in items (1) and (2) from the first day
5as an alternative formula employee after the employment for
6which credit is being established to the date of payment.
7    (l) Subject to the limitation in subsection (i), a security
8employee of the Department of Corrections may elect, not later
9than July 1, 1998, to establish eligible creditable service for
10up to 10 years of his or her service as a policeman under
11Article 3, by filing a written election with the Board,
12accompanied by payment of an amount to be determined by the
13Board, equal to (i) the difference between the amount of
14employee and employer contributions transferred to the System
15under Section 3-110.5, and the amounts that would have been
16contributed had such contributions been made at the rates
17applicable to security employees of the Department of
18Corrections, plus (ii) interest thereon at the effective rate
19for each year, compounded annually, from the date of service to
20the date of payment.
21    (m) The amendatory changes to this Section made by this
22amendatory Act of the 94th General Assembly apply only to: (1)
23security employees of the Department of Juvenile Justice
24employed by the Department of Corrections before the effective
25date of this amendatory Act of the 94th General Assembly and
26transferred to the Department of Juvenile Justice by this

 

 

10100SB0208sam001- 32 -LRB101 05036 RPS 56068 a

1amendatory Act of the 94th General Assembly; and (2) persons
2employed by the Department of Juvenile Justice on or after the
3effective date of this amendatory Act of the 94th General
4Assembly who are required by subsection (b) of Section 3-2.5-15
5of the Unified Code of Corrections to have any bachelor's or
6advanced degree from an accredited college or university or, in
7the case of persons who provide vocational training, who are
8required to have adequate knowledge in the skill for which they
9are providing the vocational training.
10    (n) A person employed in a position under subsection (b) of
11this Section who has purchased service credit under subsection
12(j) of Section 14-104 or subsection (b) of Section 14-105 in
13any other capacity under this Article may convert up to 5 years
14of that service credit into service credit covered under this
15Section by paying to the Fund an amount equal to (1) the
16additional employee contribution required under Section
1714-133, plus (2) the additional employer contribution required
18under Section 14-131, plus (3) interest on items (1) and (2) at
19the actuarially assumed rate from the date of the service to
20the date of payment.
21    (o) Subject to the limitation in subsection (i), a
22conservation police officer subject to subsection (g) of
23Section 1-160 may elect to convert up to 8 years of service
24credit established before the effective date of this amendatory
25Act of the 101st General Assembly as a conservation police
26officer under this Article into eligible creditable service by

 

 

10100SB0208sam001- 33 -LRB101 05036 RPS 56068 a

1filing a written election with the Board, accompanied by
2payment of an amount to be determined by the Board equal to (i)
3the difference between the amount of the employee contributions
4actually paid for that service and the amount of the employee
5contributions that would have been paid had the employee
6contributions been made as a conservation police officer under
7this Section who is not subject to Section 1-160, plus (ii) an
8amount determined by the Board to be the employer's normal cost
9of the benefit for the credit converted in accordance with this
10amendatory Act of the 101st General Assembly, plus (iii)
11regular interest on items (i) and (ii) for each year,
12compounded annually from the date of service to the date of
13payment. The amount under item (ii) shall only be required if
14the Board determines that the employer's normal cost of the
15benefit for the credit prior to conversion is less than the
16employer's normal cost of the benefit for the credit converted
17in accordance with this amendatory Act of the 101st General
18Assembly.
19(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".