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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5261 Introduced 2/9/2024, by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: | | 40 ILCS 5/14-110 | from Ch. 108 1/2, par. 14-110 | 40 ILCS 5/14-152.1 | |
| Amends the State Employee Article of the Illinois Pension Code. Includes persons employed on a full-time basis by the Illinois Department of Transportation in the positions of sign hanger and sign hanger foreman in the definition of "State highway maintenance worker". Provides that a person who is employed on a full-time basis by the Illinois Department of Transportation in the position of sign hanger or sign hanger foreman may elect to convert service credit earned to eligible creditable service under the alternative annuity formula by filing a written election with the Board and paying a specified amount to the System. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately. |
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| | A BILL FOR |
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| | HB5261 | | LRB103 38573 RPS 68709 b |
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1 | | AN ACT concerning public employee benefits. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The Illinois Pension Code is amended by |
5 | | changing Sections 14-110 and 14-152.1 as follows: |
6 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110) |
7 | | (Text of Section from P.A. 102-813 and 103-34) |
8 | | Sec. 14-110. Alternative retirement annuity. |
9 | | (a) Any member who has withdrawn from service with not |
10 | | less than 20 years of eligible creditable service and has |
11 | | attained age 55, and any member who has withdrawn from service |
12 | | with not less than 25 years of eligible creditable service and |
13 | | has attained age 50, regardless of whether the attainment of |
14 | | either of the specified ages occurs while the member is still |
15 | | in service, shall be entitled to receive at the option of the |
16 | | member, in lieu of the regular or minimum retirement annuity, |
17 | | a retirement annuity computed as follows: |
18 | | (i) for periods of service as a noncovered employee: |
19 | | if retirement occurs on or after January 1, 2001, 3% of |
20 | | final average compensation for each year of creditable |
21 | | service; if retirement occurs before January 1, 2001, 2 |
22 | | 1/4% of final average compensation for each of the first |
23 | | 10 years of creditable service, 2 1/2% for each year above |
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1 | | 10 years to and including 20 years of creditable service, |
2 | | and 2 3/4% for each year of creditable service above 20 |
3 | | years; and |
4 | | (ii) for periods of eligible creditable service as a |
5 | | covered employee: if retirement occurs on or after January |
6 | | 1, 2001, 2.5% of final average compensation for each year |
7 | | of creditable service; if retirement occurs before January |
8 | | 1, 2001, 1.67% of final average compensation for each of |
9 | | the first 10 years of such service, 1.90% for each of the |
10 | | next 10 years of such service, 2.10% for each year of such |
11 | | service in excess of 20 but not exceeding 30, and 2.30% for |
12 | | each year in excess of 30. |
13 | | Such annuity shall be subject to a maximum of 75% of final |
14 | | average compensation if retirement occurs before January 1, |
15 | | 2001 or to a maximum of 80% of final average compensation if |
16 | | retirement occurs on or after January 1, 2001. |
17 | | These rates shall not be applicable to any service |
18 | | performed by a member as a covered employee which is not |
19 | | eligible creditable service. Service as a covered employee |
20 | | which is not eligible creditable service shall be subject to |
21 | | the rates and provisions of Section 14-108. |
22 | | (b) For the purpose of this Section, "eligible creditable |
23 | | service" means creditable service resulting from service in |
24 | | one or more of the following positions: |
25 | | (1) State policeman; |
26 | | (2) fire fighter in the fire protection service of a |
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1 | | department; |
2 | | (3) air pilot; |
3 | | (4) special agent; |
4 | | (5) investigator for the Secretary of State; |
5 | | (6) conservation police officer; |
6 | | (7) investigator for the Department of Revenue or the |
7 | | Illinois Gaming Board; |
8 | | (8) security employee of the Department of Human |
9 | | Services; |
10 | | (9) Central Management Services security police |
11 | | officer; |
12 | | (10) security employee of the Department of |
13 | | Corrections or the Department of Juvenile Justice; |
14 | | (11) dangerous drugs investigator; |
15 | | (12) investigator for the Illinois State Police; |
16 | | (13) investigator for the Office of the Attorney |
17 | | General; |
18 | | (14) controlled substance inspector; |
19 | | (15) investigator for the Office of the State's |
20 | | Attorneys Appellate Prosecutor; |
21 | | (16) Commerce Commission police officer; |
22 | | (17) arson investigator; |
23 | | (18) State highway maintenance worker; |
24 | | (19) security employee of the Department of Innovation |
25 | | and Technology; or |
26 | | (20) transferred employee. |
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1 | | A person employed in one of the positions specified in |
2 | | this 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 |
10 | | not a sworn peace officer at the time of the training. |
11 | | A person under paragraph (20) is entitled to eligible |
12 | | creditable service for service credit earned under this |
13 | | Article on and after his or her transfer by Executive Order No. |
14 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. |
15 | | 2016-1. |
16 | | (c) For the purposes of this Section: |
17 | | (1) The term "State policeman" includes any title or |
18 | | position in the Illinois State Police that is held by an |
19 | | individual employed under the Illinois State Police Act. |
20 | | (2) The term "fire fighter in the fire protection |
21 | | service of a department" includes all officers in such |
22 | | fire protection service including fire chiefs and |
23 | | assistant fire chiefs. |
24 | | (3) The term "air pilot" includes any employee whose |
25 | | official job description on file in the Department of |
26 | | Central Management Services, or in the department by which |
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1 | | he is employed if that department is not covered by the |
2 | | Personnel Code, states that his principal duty is the |
3 | | operation of aircraft, and who possesses a pilot's |
4 | | license; however, the change in this definition made by |
5 | | Public Act 83-842 shall not operate to exclude any |
6 | | noncovered employee who was an "air pilot" for the |
7 | | purposes of this Section on January 1, 1984. |
8 | | (4) The term "special agent" means any person who by |
9 | | reason of employment by the Division of Narcotic Control, |
10 | | the Bureau of Investigation or, after July 1, 1977, the |
11 | | Division of Criminal Investigation, the Division of |
12 | | Internal Investigation, the Division of Operations, the |
13 | | Division of Patrol, or any other Division or |
14 | | organizational entity in the Illinois State Police is |
15 | | vested by law with duties to maintain public order, |
16 | | investigate violations of the criminal law of this State, |
17 | | enforce the laws of this State, make arrests and recover |
18 | | property. The term "special agent" includes any title or |
19 | | position in the Illinois State Police that is held by an |
20 | | individual employed under the Illinois State Police Act. |
21 | | (5) The term "investigator for the Secretary of State" |
22 | | means any person employed by the Office of the Secretary |
23 | | of State and vested with such investigative duties as |
24 | | render him ineligible for coverage under the Social |
25 | | Security Act by reason of Sections 218(d)(5)(A), |
26 | | 218(d)(8)(D) and 218(l)(1) of that Act. |
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1 | | A person who became employed as an investigator for |
2 | | the Secretary of State between January 1, 1967 and |
3 | | December 31, 1975, and who has served as such until |
4 | | attainment of age 60, either continuously or with a single |
5 | | break in service of not more than 3 years duration, which |
6 | | break terminated before January 1, 1976, shall be entitled |
7 | | to have his retirement annuity calculated in accordance |
8 | | with subsection (a), notwithstanding that he has less than |
9 | | 20 years of credit for such service. |
10 | | (6) The term "Conservation Police Officer" means any |
11 | | person employed by the Division of Law Enforcement of the |
12 | | Department of Natural Resources and 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. The |
16 | | term "Conservation Police Officer" includes the positions |
17 | | of Chief Conservation Police Administrator and Assistant |
18 | | Conservation Police Administrator. |
19 | | (7) The term "investigator for the Department of |
20 | | Revenue" means any person employed by the Department of |
21 | | Revenue and vested with such investigative duties as |
22 | | render him 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 | | The term "investigator for the Illinois Gaming Board" |
26 | | means any person employed as such by the Illinois Gaming |
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1 | | Board and vested with such peace officer 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. |
5 | | (8) The term "security employee of the Department of |
6 | | Human Services" means any person employed by the |
7 | | Department of Human Services who (i) is employed at the |
8 | | Chester Mental Health Center and has daily contact with |
9 | | the residents thereof, (ii) is employed within a security |
10 | | unit at a facility operated by the Department and has |
11 | | daily contact with the residents of the security unit, |
12 | | (iii) is employed at a facility operated by the Department |
13 | | that includes a security unit and is regularly scheduled |
14 | | to work at least 50% of his or her working hours within |
15 | | that security unit, or (iv) is a mental health police |
16 | | officer. "Mental health police officer" means any person |
17 | | employed by the Department of Human Services in a position |
18 | | pertaining to the Department's mental health and |
19 | | developmental disabilities functions who is vested with |
20 | | such law enforcement duties as render the person |
21 | | ineligible for coverage under the Social Security Act by |
22 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
23 | | 218(l)(1) of that Act. "Security unit" means that portion |
24 | | of a facility that is devoted to the care, containment, |
25 | | and treatment of persons committed to the Department of |
26 | | Human Services as sexually violent persons, persons unfit |
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1 | | to stand trial, or persons not guilty by reason of |
2 | | insanity. With respect to past employment, references to |
3 | | the Department of Human Services include its predecessor, |
4 | | the Department of Mental Health and Developmental |
5 | | Disabilities. |
6 | | The changes made to this subdivision (c)(8) by Public |
7 | | Act 92-14 apply to persons who retire on or after January |
8 | | 1, 2001, notwithstanding Section 1-103.1. |
9 | | (9) "Central Management Services security police |
10 | | officer" means any person employed by the Department of |
11 | | Central Management Services who is vested with such law |
12 | | enforcement duties as render him ineligible for coverage |
13 | | under the Social Security Act by reason of Sections |
14 | | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. |
15 | | (10) For a member who first became an employee under |
16 | | this Article before July 1, 2005, the term "security |
17 | | employee of the Department of Corrections or the |
18 | | Department of Juvenile Justice" means any employee of the |
19 | | Department of Corrections or the Department of Juvenile |
20 | | Justice or the former Department of Personnel, and any |
21 | | member or employee of the Prisoner Review Board, who has |
22 | | daily contact with inmates or youth by working within a |
23 | | correctional facility or Juvenile facility operated by the |
24 | | Department of Juvenile Justice or who is a parole officer |
25 | | or an employee who has direct contact with committed |
26 | | persons in the performance of his or her job duties. For a |
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1 | | member who first becomes an employee under this Article on |
2 | | or after July 1, 2005, the term means an employee of the |
3 | | Department of Corrections or the Department of Juvenile |
4 | | Justice who is any of the following: (i) officially |
5 | | headquartered at a correctional facility or Juvenile |
6 | | facility operated by the Department of Juvenile Justice, |
7 | | (ii) a parole officer, (iii) a member of the apprehension |
8 | | unit, (iv) a member of the intelligence unit, (v) a member |
9 | | of the sort team, or (vi) an investigator. |
10 | | (11) The term "dangerous drugs investigator" means any |
11 | | person who is employed as such by the Department of Human |
12 | | Services. |
13 | | (12) The term "investigator for the Illinois State |
14 | | Police" means a person employed by the Illinois State |
15 | | Police who is vested under Section 4 of the Narcotic |
16 | | Control Division Abolition Act with such law enforcement |
17 | | powers as render him ineligible for coverage under the |
18 | | Social Security Act by reason of Sections 218(d)(5)(A), |
19 | | 218(d)(8)(D) and 218(l)(1) of that Act. |
20 | | (13) "Investigator for the Office of the Attorney |
21 | | General" means any person who is employed as such by the |
22 | | Office of the Attorney General and is vested with such |
23 | | investigative duties as render him ineligible for coverage |
24 | | under the Social Security Act by reason of Sections |
25 | | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For |
26 | | the period before January 1, 1989, the term includes all |
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1 | | persons who were employed as investigators by the Office |
2 | | of the Attorney General, without regard to social security |
3 | | status. |
4 | | (14) "Controlled substance inspector" means any person |
5 | | who is employed as such by the Department of Professional |
6 | | Regulation and is vested with such law enforcement duties |
7 | | as render him ineligible for coverage under the Social |
8 | | Security Act by reason of Sections 218(d)(5)(A), |
9 | | 218(d)(8)(D) and 218(l)(1) of that Act. The term |
10 | | "controlled substance inspector" includes the Program |
11 | | Executive of Enforcement and the Assistant Program |
12 | | Executive of Enforcement. |
13 | | (15) The term "investigator for the Office of the |
14 | | State's Attorneys Appellate Prosecutor" means a person |
15 | | employed in that capacity on a full-time basis under the |
16 | | authority of Section 7.06 of the State's Attorneys |
17 | | Appellate Prosecutor's Act. |
18 | | (16) "Commerce Commission police officer" means any |
19 | | person employed by the Illinois Commerce Commission who is |
20 | | vested with such law enforcement duties as render him |
21 | | ineligible for coverage under the Social Security Act by |
22 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and |
23 | | 218(l)(1) of that Act. |
24 | | (17) "Arson investigator" means any person who is |
25 | | employed as such by the Office of the State Fire Marshal |
26 | | and is vested with such law enforcement duties as render |
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1 | | the person ineligible for coverage under the Social |
2 | | Security Act by reason of Sections 218(d)(5)(A), |
3 | | 218(d)(8)(D), and 218(l)(1) of that Act. A person who was |
4 | | employed as an arson investigator on January 1, 1995 and |
5 | | is no longer in service but not yet receiving a retirement |
6 | | annuity may convert his or her creditable service for |
7 | | employment as an arson investigator into eligible |
8 | | creditable service by paying to the System the difference |
9 | | between the employee contributions actually paid for that |
10 | | service and the amounts that would have been contributed |
11 | | if the applicant were contributing at the rate applicable |
12 | | to persons with the same social security status earning |
13 | | eligible creditable service on the date of application. |
14 | | (18) The term "State highway maintenance worker" means |
15 | | a person who is either of the following: |
16 | | (i) A person employed on a full-time basis by the |
17 | | Illinois Department of Transportation in the position |
18 | | of highway maintainer, highway maintenance lead |
19 | | worker, highway maintenance lead/lead worker, sign |
20 | | hanger, sign hanger foreman, heavy construction |
21 | | equipment operator, power shovel operator, or bridge |
22 | | mechanic; and whose principal responsibility is to |
23 | | perform, on the roadway, the actual maintenance |
24 | | necessary to keep the highways that form a part of the |
25 | | State highway system in serviceable condition for |
26 | | 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 | | The changes to this item (18) made by this amendatory |
15 | | Act of the 103rd General Assembly apply without regard to |
16 | | whether the member was in service on or after its |
17 | | effective date, but do not entitle any person to |
18 | | recalculation of any pension or other benefit already |
19 | | granted. |
20 | | (19) The term "security employee of the Department of |
21 | | Innovation and Technology" means a person who was a |
22 | | security employee of the Department of Corrections or the |
23 | | Department of Juvenile Justice, was transferred to the |
24 | | Department of Innovation and Technology pursuant to |
25 | | Executive Order 2016-01, and continues to perform similar |
26 | | job functions under that Department. |
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1 | | (20) "Transferred employee" means an employee who was |
2 | | transferred to the Department of Central Management |
3 | | Services by Executive Order No. 2003-10 or Executive Order |
4 | | No. 2004-2 or transferred to the Department of Innovation |
5 | | and Technology by Executive Order No. 2016-1, or both, and |
6 | | was entitled to eligible creditable service for services |
7 | | immediately preceding the transfer. |
8 | | (d) A security employee of the Department of Corrections |
9 | | or the Department of Juvenile Justice, a security employee of |
10 | | the Department of Human Services who is not a mental health |
11 | | police officer, and a security employee of the Department of |
12 | | Innovation and Technology shall not be eligible for the |
13 | | alternative retirement annuity provided by this Section unless |
14 | | he or she meets the following minimum age and service |
15 | | requirements at the time of retirement: |
16 | | (i) 25 years of eligible creditable service and age |
17 | | 55; or |
18 | | (ii) beginning January 1, 1987, 25 years of eligible |
19 | | creditable service and age 54, or 24 years of eligible |
20 | | creditable service and age 55; or |
21 | | (iii) beginning January 1, 1988, 25 years of eligible |
22 | | creditable service and age 53, or 23 years of eligible |
23 | | creditable service and age 55; or |
24 | | (iv) beginning January 1, 1989, 25 years of eligible |
25 | | creditable service and age 52, or 22 years of eligible |
26 | | creditable service and age 55; or |
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1 | | (v) beginning January 1, 1990, 25 years of eligible |
2 | | creditable service and age 51, or 21 years of eligible |
3 | | creditable service and age 55; or |
4 | | (vi) beginning January 1, 1991, 25 years of eligible |
5 | | creditable service and age 50, or 20 years of eligible |
6 | | creditable service and age 55. |
7 | | Persons who have service credit under Article 16 of this |
8 | | Code for service as a security employee of the Department of |
9 | | Corrections or the Department of Juvenile Justice, or the |
10 | | Department of Human Services in a position requiring |
11 | | certification as a teacher may count such service toward |
12 | | establishing their eligibility under the service requirements |
13 | | of this Section; but such service may be used only for |
14 | | establishing such eligibility, and not for the purpose of |
15 | | increasing or calculating any benefit. |
16 | | (e) If a member enters military service while working in a |
17 | | position in which eligible creditable service may be earned, |
18 | | and returns to State service in the same or another such |
19 | | position, and fulfills in all other respects the conditions |
20 | | prescribed in this Article for credit for military service, |
21 | | such military service shall be credited as eligible creditable |
22 | | service for the purposes of the retirement annuity prescribed |
23 | | in this Section. |
24 | | (f) For purposes of calculating retirement annuities under |
25 | | this Section, periods of service rendered after December 31, |
26 | | 1968 and before October 1, 1975 as a covered employee in the |
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1 | | position of special agent, conservation police officer, mental |
2 | | health police officer, or investigator for the Secretary of |
3 | | State, shall be deemed to have been service as a noncovered |
4 | | employee, provided that the employee pays to the System prior |
5 | | to retirement an amount equal to (1) the difference between |
6 | | the employee contributions that would have been required for |
7 | | such service as a noncovered employee, and the amount of |
8 | | employee contributions actually paid, plus (2) if payment is |
9 | | made after July 31, 1987, regular interest on the amount |
10 | | specified in item (1) from the date of service to the date of |
11 | | payment. |
12 | | For purposes of calculating retirement annuities under |
13 | | this Section, periods of service rendered after December 31, |
14 | | 1968 and before January 1, 1982 as a covered employee in the |
15 | | position of investigator for the Department of Revenue shall |
16 | | be deemed to have been service as a noncovered employee, |
17 | | provided that the employee pays to the System prior to |
18 | | retirement an amount equal to (1) the difference between the |
19 | | employee contributions that would have been required for such |
20 | | service as a noncovered employee, and the amount of employee |
21 | | contributions actually paid, plus (2) if payment is made after |
22 | | January 1, 1990, regular interest on the amount specified in |
23 | | item (1) from the date of service to the date of payment. |
24 | | (g) A State policeman may elect, not later than January 1, |
25 | | 1990, to establish eligible creditable service for up to 10 |
26 | | years of his service as a policeman under Article 3, by filing |
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1 | | a written election with the Board, accompanied by payment of |
2 | | an amount to be determined by the Board, equal to (i) the |
3 | | difference between the amount of employee and employer |
4 | | contributions transferred to the System under Section 3-110.5, |
5 | | and the amounts that would have been contributed had such |
6 | | contributions been made at the rates applicable to State |
7 | | policemen, plus (ii) interest thereon at the effective rate |
8 | | for each year, compounded annually, from the date of service |
9 | | to the date of payment. |
10 | | Subject to the limitation in subsection (i), a State |
11 | | policeman may elect, not later than July 1, 1993, to establish |
12 | | eligible creditable service for up to 10 years of his service |
13 | | as a member of the County Police Department under Article 9, by |
14 | | filing a written election with the Board, accompanied by |
15 | | payment of an amount to be determined by the Board, equal to |
16 | | (i) the difference between the amount of employee and employer |
17 | | contributions transferred to the System under Section 9-121.10 |
18 | | and the amounts that would have been contributed had those |
19 | | contributions been made at the rates applicable to State |
20 | | policemen, plus (ii) interest thereon at the effective rate |
21 | | for each year, compounded annually, from the date of service |
22 | | to the date of payment. |
23 | | (h) Subject to the limitation in subsection (i), a State |
24 | | policeman or investigator for the Secretary of State may elect |
25 | | to establish eligible creditable service for up to 12 years of |
26 | | his service as a policeman under Article 5, by filing a written |
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1 | | election with the Board on or before January 31, 1992, and |
2 | | paying to the System by January 31, 1994 an amount to be |
3 | | determined by the Board, equal to (i) the difference between |
4 | | the amount of employee and employer contributions transferred |
5 | | to the System under Section 5-236, and the amounts that would |
6 | | have been contributed had such contributions been made at the |
7 | | rates applicable to State policemen, plus (ii) interest |
8 | | thereon at the effective rate for each year, compounded |
9 | | annually, from the date of service to the date of payment. |
10 | | Subject to the limitation in subsection (i), a State |
11 | | policeman, conservation police officer, or investigator for |
12 | | the Secretary of State may elect to establish eligible |
13 | | creditable service for up to 10 years of service as a sheriff's |
14 | | law enforcement employee under Article 7, by filing a written |
15 | | election with the Board on or before January 31, 1993, and |
16 | | paying to the System by January 31, 1994 an amount to be |
17 | | determined by the Board, equal to (i) the difference between |
18 | | the amount of employee and employer contributions transferred |
19 | | to the System under Section 7-139.7, and the amounts that |
20 | | would have been contributed had such contributions been made |
21 | | at the rates applicable to State policemen, plus (ii) interest |
22 | | thereon at the effective rate for each year, compounded |
23 | | annually, from the date of service to the date of payment. |
24 | | Subject to the limitation in subsection (i), a State |
25 | | policeman, conservation police officer, or investigator for |
26 | | the Secretary of State may elect to establish eligible |
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| | HB5261 | - 18 - | LRB103 38573 RPS 68709 b |
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1 | | creditable service for up to 5 years of service as a police |
2 | | officer under Article 3, a policeman under Article 5, a |
3 | | sheriff's law enforcement employee under Article 7, a member |
4 | | of the county police department under Article 9, or a police |
5 | | officer under Article 15 by filing a written election with the |
6 | | Board and paying to the System an amount to be determined by |
7 | | the Board, equal to (i) the difference between the amount of |
8 | | employee and employer contributions transferred to the System |
9 | | under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
10 | | and the amounts that would have been contributed had such |
11 | | contributions been made at the rates applicable to State |
12 | | policemen, plus (ii) interest thereon at the effective rate |
13 | | for each year, compounded annually, from the date of service |
14 | | to the date of payment. |
15 | | Subject to the limitation in subsection (i), an |
16 | | investigator for the Office of the Attorney General, or an |
17 | | investigator for the Department of Revenue, may elect to |
18 | | establish eligible creditable service for up to 5 years of |
19 | | service as a police officer under Article 3, a policeman under |
20 | | Article 5, a sheriff's law enforcement employee under Article |
21 | | 7, or a member of the county police department under Article 9 |
22 | | by filing a written election with the Board within 6 months |
23 | | after August 25, 2009 (the effective date of Public Act |
24 | | 96-745) and paying to the System an amount to be determined by |
25 | | the Board, equal to (i) the difference between the amount of |
26 | | employee and employer contributions transferred to the System |
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| | HB5261 | - 19 - | LRB103 38573 RPS 68709 b |
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1 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
2 | | amounts that would have been contributed had such |
3 | | contributions been made at the rates applicable to State |
4 | | policemen, plus (ii) interest thereon at the actuarially |
5 | | assumed rate for each year, compounded annually, from the date |
6 | | of service to the date of payment. |
7 | | Subject to the limitation in subsection (i), a State |
8 | | policeman, conservation police officer, investigator for the |
9 | | Office of the Attorney General, an investigator for the |
10 | | Department of Revenue, or investigator for the Secretary of |
11 | | State may elect to establish eligible creditable service for |
12 | | up to 5 years of service as a person employed by a |
13 | | participating municipality to perform police duties, or law |
14 | | enforcement officer employed on a full-time basis by a forest |
15 | | preserve district under Article 7, a county corrections |
16 | | officer, or a court services officer under Article 9, by |
17 | | filing a written election with the Board within 6 months after |
18 | | August 25, 2009 (the effective date of Public Act 96-745) and |
19 | | paying to the System an amount to be determined by the Board, |
20 | | equal to (i) the difference between the amount of employee and |
21 | | employer contributions transferred to the System under |
22 | | Sections 7-139.8 and 9-121.10 and the amounts that would have |
23 | | been contributed had such contributions been made at the rates |
24 | | applicable to State policemen, plus (ii) interest thereon at |
25 | | the actuarially assumed rate for each year, compounded |
26 | | annually, from the date of service to the date of payment. |
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| | HB5261 | - 20 - | LRB103 38573 RPS 68709 b |
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1 | | Subject to the limitation in subsection (i), a State |
2 | | policeman, arson investigator, or Commerce Commission police |
3 | | officer may elect to establish eligible creditable service for |
4 | | up to 5 years of service as a person employed by a |
5 | | participating municipality to perform police duties under |
6 | | Article 7, a county corrections officer, a court services |
7 | | officer under Article 9, or a firefighter under Article 4 by |
8 | | filing a written election with the Board within 6 months after |
9 | | July 30, 2021 (the effective date of Public Act 102-210) and |
10 | | paying to the System an amount to be determined by the Board |
11 | | equal to (i) the difference between the amount of employee and |
12 | | employer contributions transferred to the System under |
13 | | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that |
14 | | would have been contributed had such contributions been made |
15 | | at the rates applicable to State policemen, plus (ii) interest |
16 | | thereon at the actuarially assumed rate for each year, |
17 | | compounded annually, from the date of service to the date of |
18 | | payment. |
19 | | Subject to the limitation in subsection (i), a |
20 | | conservation police officer may elect to establish eligible |
21 | | creditable service for up to 5 years of service as a person |
22 | | employed by a participating municipality to perform police |
23 | | duties under Article 7, a county corrections officer, or a |
24 | | court services officer under Article 9 by filing a written |
25 | | election with the Board within 6 months after July 30, 2021 |
26 | | (the effective date of Public Act 102-210) and paying to the |
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| | HB5261 | - 21 - | LRB103 38573 RPS 68709 b |
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1 | | System an amount to be determined by the Board equal to (i) the |
2 | | difference between the amount of employee and employer |
3 | | contributions transferred to the System under Sections 7-139.8 |
4 | | and 9-121.10 and the amounts that would have been contributed |
5 | | had such contributions been made at the rates applicable to |
6 | | State policemen, plus (ii) interest thereon at the actuarially |
7 | | assumed rate for each year, compounded annually, from the date |
8 | | of service to the date of payment. |
9 | | Notwithstanding the limitation in subsection (i), a State |
10 | | policeman or conservation police officer may elect to convert |
11 | | service credit earned under this Article to eligible |
12 | | creditable service, as defined by this Section, by filing a |
13 | | written election with the board within 6 months after July 30, |
14 | | 2021 (the effective date of Public Act 102-210) and paying to |
15 | | the System an amount to be determined by the Board equal to (i) |
16 | | the difference between the amount of employee contributions |
17 | | originally paid for that service and the amounts that would |
18 | | have been contributed had such contributions been made at the |
19 | | rates applicable to State policemen, plus (ii) the difference |
20 | | between the employer's normal cost of the credit prior to the |
21 | | conversion authorized by Public Act 102-210 and the employer's |
22 | | normal cost of the credit converted in accordance with Public |
23 | | Act 102-210, plus (iii) interest thereon at the actuarially |
24 | | assumed rate for each year, compounded annually, from the date |
25 | | of service to the date of payment. |
26 | | (i) The total amount of eligible creditable service |
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| | HB5261 | - 22 - | LRB103 38573 RPS 68709 b |
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1 | | established by any person under subsections (g), (h), (j), |
2 | | (k), (l), (l-5), and (o) of this Section shall not exceed 12 |
3 | | years. |
4 | | (j) Subject to the limitation in subsection (i), an |
5 | | investigator for the Office of the State's Attorneys Appellate |
6 | | Prosecutor or a controlled substance inspector may elect to |
7 | | establish eligible creditable service for up to 10 years of |
8 | | his service as a policeman under Article 3 or a sheriff's law |
9 | | enforcement employee under Article 7, by filing a written |
10 | | election with the Board, accompanied by payment of an amount |
11 | | to be determined by the Board, equal to (1) the difference |
12 | | between the amount of employee and employer contributions |
13 | | transferred to the System under Section 3-110.6 or 7-139.8, |
14 | | and the amounts that would have been contributed had such |
15 | | contributions been made at the rates applicable to State |
16 | | policemen, plus (2) interest thereon at the effective rate for |
17 | | each year, compounded annually, from the date of service to |
18 | | the date of payment. |
19 | | (k) Subject to the limitation in subsection (i) of this |
20 | | Section, an alternative formula employee may elect to |
21 | | establish eligible creditable service for periods spent as a |
22 | | full-time law enforcement officer or full-time corrections |
23 | | officer employed by the federal government or by a state or |
24 | | local government located outside of Illinois, for which credit |
25 | | is not held in any other public employee pension fund or |
26 | | retirement system. To obtain this credit, the applicant must |
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| | HB5261 | - 23 - | LRB103 38573 RPS 68709 b |
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1 | | file a written application with the Board by March 31, 1998, |
2 | | accompanied by evidence of eligibility acceptable to the Board |
3 | | and payment of an amount to be determined by the Board, equal |
4 | | to (1) employee contributions for the credit being |
5 | | established, based upon the applicant's salary on the first |
6 | | day as an alternative formula employee after the employment |
7 | | for which credit is being established and the rates then |
8 | | applicable to alternative formula employees, plus (2) an |
9 | | amount determined by the Board to be the employer's normal |
10 | | cost of the benefits accrued for the credit being established, |
11 | | plus (3) regular interest on the amounts in items (1) and (2) |
12 | | from the first day as an alternative formula employee after |
13 | | the employment for which credit is being established to the |
14 | | date of payment. |
15 | | (l) Subject to the limitation in subsection (i), a |
16 | | security employee of the Department of Corrections may elect, |
17 | | not later than July 1, 1998, to establish eligible creditable |
18 | | service for up to 10 years of his or her service as a policeman |
19 | | under Article 3, by filing a written election with the Board, |
20 | | accompanied by payment of an amount to be determined by the |
21 | | Board, equal to (i) the difference between the amount of |
22 | | employee and employer contributions transferred to the System |
23 | | under Section 3-110.5, and the amounts that would have been |
24 | | contributed had such contributions been made at the rates |
25 | | applicable to security employees of the Department of |
26 | | Corrections, plus (ii) interest thereon at the effective rate |
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| | HB5261 | - 24 - | LRB103 38573 RPS 68709 b |
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1 | | for each year, compounded annually, from the date of service |
2 | | to the date of payment. |
3 | | (l-5) Subject to the limitation in subsection (i) of this |
4 | | Section, a State policeman may elect to establish eligible |
5 | | creditable service for up to 5 years of service as a full-time |
6 | | law enforcement officer employed by the federal government or |
7 | | by a state or local government located outside of Illinois for |
8 | | which credit is not held in any other public employee pension |
9 | | fund or retirement system. To obtain this credit, the |
10 | | applicant must file a written application with the Board no |
11 | | later than 3 years after January 1, 2020 (the effective date of |
12 | | Public Act 101-610), accompanied by evidence of eligibility |
13 | | acceptable to the Board and payment of an amount to be |
14 | | determined by the Board, equal to (1) employee contributions |
15 | | for the credit being established, based upon the applicant's |
16 | | salary on the first day as an alternative formula employee |
17 | | after the employment for which credit is being established and |
18 | | the rates then applicable to alternative formula employees, |
19 | | plus (2) an amount determined by the Board to be the employer's |
20 | | normal cost of the benefits accrued for the credit being |
21 | | established, plus (3) regular interest on the amounts in items |
22 | | (1) and (2) from the first day as an alternative formula |
23 | | employee after the employment for which credit is being |
24 | | established to the date of payment. |
25 | | (m) The amendatory changes to this Section made by Public |
26 | | Act 94-696 apply only to: (1) security employees of the |
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| | HB5261 | - 25 - | LRB103 38573 RPS 68709 b |
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1 | | Department of Juvenile Justice employed by the Department of |
2 | | Corrections before June 1, 2006 (the effective date of Public |
3 | | Act 94-696) and transferred to the Department of Juvenile |
4 | | Justice by Public Act 94-696; and (2) persons employed by the |
5 | | Department of Juvenile Justice on or after June 1, 2006 (the |
6 | | effective date of Public Act 94-696) who are required by |
7 | | subsection (b) of Section 3-2.5-15 of the Unified Code of |
8 | | Corrections to have any bachelor's or advanced degree from an |
9 | | accredited college or university or, in the case of persons |
10 | | who provide vocational training, who are required to have |
11 | | adequate knowledge in the skill for which they are providing |
12 | | the vocational training. |
13 | | (n) A person employed in a position under subsection (b) |
14 | | of this Section who has purchased service credit under |
15 | | subsection (j) of Section 14-104 or subsection (b) of Section |
16 | | 14-105 in any other capacity under this Article may convert up |
17 | | to 5 years of that service credit into service credit covered |
18 | | under this Section by paying to the Fund an amount equal to (1) |
19 | | the additional employee contribution required under Section |
20 | | 14-133, plus (2) the additional employer contribution required |
21 | | under Section 14-131, plus (3) interest on items (1) and (2) at |
22 | | the actuarially assumed rate from the date of the service to |
23 | | the date of payment. |
24 | | (o) Subject to the limitation in subsection (i), a |
25 | | conservation police officer, investigator for the Secretary of |
26 | | State, Commerce Commission police officer, investigator for |
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| | HB5261 | - 26 - | LRB103 38573 RPS 68709 b |
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1 | | the Department of Revenue or the Illinois Gaming Board, or |
2 | | arson investigator subject to subsection (g) of Section 1-160 |
3 | | may elect to convert up to 8 years of service credit |
4 | | established before January 1, 2020 (the effective date of |
5 | | Public Act 101-610) as a conservation police officer, |
6 | | investigator for the Secretary of State, Commerce Commission |
7 | | police officer, investigator for the Department of Revenue or |
8 | | the Illinois Gaming Board, or arson investigator under this |
9 | | Article into eligible creditable service by filing a written |
10 | | election with the Board no later than one year after January 1, |
11 | | 2020 (the effective date of Public Act 101-610), accompanied |
12 | | by payment of an amount to be determined by the Board equal to |
13 | | (i) the difference between the amount of the employee |
14 | | contributions actually paid for that service and the amount of |
15 | | the employee contributions that would have been paid had the |
16 | | employee contributions been made as a noncovered employee |
17 | | serving in a position in which eligible creditable service, as |
18 | | defined in this Section, may be earned, plus (ii) interest |
19 | | thereon at the effective rate for each year, compounded |
20 | | annually, from the date of service to the date of payment. |
21 | | (q) A person who is employed on a full-time basis by the |
22 | | Illinois Department of Transportation in the position of sign |
23 | | hanger or sign hanger foreman may elect to convert service |
24 | | credit earned under this Article to eligible creditable |
25 | | service by filing a written election with the Board and paying |
26 | | to the System an amount to be determined by the Board equal to |
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| | HB5261 | - 27 - | LRB103 38573 RPS 68709 b |
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1 | | (i) the difference between the amount of employee |
2 | | contributions originally paid for that service and the amounts |
3 | | that would have been contributed had such contributions been |
4 | | made at the rates applicable to State highway maintenance |
5 | | workers, plus (ii) the difference between the employer's |
6 | | normal cost of the credit prior to the conversion authorized |
7 | | by this amendatory Act of the 103rd General Assembly and the |
8 | | employer's normal cost of the credit converted in accordance |
9 | | with this amendatory Act of the 103rd General Assembly, plus |
10 | | (iii) interest thereon at the actuarially assumed rate for |
11 | | each year, compounded annually, from the date of service to |
12 | | the date of payment. |
13 | | (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21; |
14 | | 102-813, eff. 5-13-22; 103-34, eff. 1-1-24 .) |
15 | | (Text of Section from P.A. 102-856 and 103-34) |
16 | | Sec. 14-110. Alternative retirement annuity. |
17 | | (a) Any member who has withdrawn from service with not |
18 | | less than 20 years of eligible creditable service and has |
19 | | attained age 55, and any member who has withdrawn from service |
20 | | with not less than 25 years of eligible creditable service and |
21 | | has attained age 50, regardless of whether the attainment of |
22 | | either of the specified ages occurs while the member is still |
23 | | in service, shall be entitled to receive at the option of the |
24 | | member, in lieu of the regular or minimum retirement annuity, |
25 | | a retirement annuity computed as follows: |
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| | HB5261 | - 28 - | LRB103 38573 RPS 68709 b |
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1 | | (i) for periods of service as a noncovered employee: |
2 | | if retirement occurs on or after January 1, 2001, 3% of |
3 | | final average compensation for each year of creditable |
4 | | service; if retirement occurs before January 1, 2001, 2 |
5 | | 1/4% of final average compensation for each of the first |
6 | | 10 years of creditable service, 2 1/2% for each year above |
7 | | 10 years to and including 20 years of creditable service, |
8 | | and 2 3/4% for each year of creditable service above 20 |
9 | | years; and |
10 | | (ii) for periods of eligible creditable service as a |
11 | | covered employee: if retirement occurs on or after January |
12 | | 1, 2001, 2.5% of final average compensation for each year |
13 | | of creditable service; if retirement occurs before January |
14 | | 1, 2001, 1.67% of final average compensation for each of |
15 | | the first 10 years of such service, 1.90% for each of the |
16 | | next 10 years of such service, 2.10% for each year of such |
17 | | service in excess of 20 but not exceeding 30, and 2.30% for |
18 | | each year in excess of 30. |
19 | | Such annuity shall be subject to a maximum of 75% of final |
20 | | average compensation if retirement occurs before January 1, |
21 | | 2001 or to a maximum of 80% of final average compensation if |
22 | | retirement occurs on or after January 1, 2001. |
23 | | These rates shall not be applicable to any service |
24 | | performed by a member as a covered employee which is not |
25 | | eligible creditable service. Service as a covered employee |
26 | | which is not eligible creditable service shall be subject to |
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| | HB5261 | - 29 - | LRB103 38573 RPS 68709 b |
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1 | | the rates and provisions of Section 14-108. |
2 | | (b) For the purpose of this Section, "eligible creditable |
3 | | service" means creditable service resulting from service in |
4 | | one or more of the following positions: |
5 | | (1) State policeman; |
6 | | (2) fire fighter in the fire protection service of a |
7 | | department; |
8 | | (3) air pilot; |
9 | | (4) special agent; |
10 | | (5) investigator for the Secretary of State; |
11 | | (6) conservation police officer; |
12 | | (7) investigator for the Department of Revenue or the |
13 | | Illinois Gaming Board; |
14 | | (8) security employee of the Department of Human |
15 | | Services; |
16 | | (9) Central Management Services security police |
17 | | officer; |
18 | | (10) security employee of the Department of |
19 | | Corrections or the Department of Juvenile Justice; |
20 | | (11) dangerous drugs investigator; |
21 | | (12) investigator for the Illinois State Police; |
22 | | (13) investigator for the Office of the Attorney |
23 | | General; |
24 | | (14) controlled substance inspector; |
25 | | (15) investigator for the Office of the State's |
26 | | Attorneys Appellate Prosecutor; |
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| | HB5261 | - 30 - | LRB103 38573 RPS 68709 b |
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1 | | (16) Commerce Commission police officer; |
2 | | (17) arson investigator; |
3 | | (18) State highway maintenance worker; |
4 | | (19) security employee of the Department of Innovation |
5 | | and Technology; or |
6 | | (20) transferred employee. |
7 | | A person employed in one of the positions specified in |
8 | | this subsection is entitled to eligible creditable service for |
9 | | service credit earned under this Article while undergoing the |
10 | | basic police training course approved by the Illinois Law |
11 | | Enforcement Training Standards Board, if completion of that |
12 | | training is required of persons serving in that position. For |
13 | | the purposes of this Code, service during the required basic |
14 | | police training course shall be deemed performance of the |
15 | | duties of the specified position, even though the person is |
16 | | not a sworn peace officer at the time of the training. |
17 | | A person under paragraph (20) is entitled to eligible |
18 | | creditable service for service credit earned under this |
19 | | Article on and after his or her transfer by Executive Order No. |
20 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. |
21 | | 2016-1. |
22 | | (c) For the purposes of this Section: |
23 | | (1) The term "State policeman" includes any title or |
24 | | position in the Illinois State Police that is held by an |
25 | | individual employed under the Illinois State Police Act. |
26 | | (2) The term "fire fighter in the fire protection |
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| | HB5261 | - 31 - | LRB103 38573 RPS 68709 b |
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1 | | service of a department" includes all officers in such |
2 | | fire protection service including fire chiefs and |
3 | | assistant fire chiefs. |
4 | | (3) The term "air pilot" includes any employee whose |
5 | | official job description on file in the Department of |
6 | | Central Management Services, or in the department by which |
7 | | he is employed if that department is not covered by the |
8 | | Personnel Code, states that his principal duty is the |
9 | | operation of aircraft, and who possesses a pilot's |
10 | | license; however, the change in this definition made by |
11 | | Public Act 83-842 shall not operate to exclude any |
12 | | noncovered employee who was an "air pilot" for the |
13 | | purposes of this Section on January 1, 1984. |
14 | | (4) The term "special agent" means any person who by |
15 | | reason of employment by the Division of Narcotic Control, |
16 | | the Bureau of Investigation or, after July 1, 1977, the |
17 | | Division of Criminal Investigation, the Division of |
18 | | Internal Investigation, the Division of Operations, the |
19 | | Division of Patrol, or any other Division or |
20 | | organizational entity in the Illinois State Police is |
21 | | vested by law with duties to maintain public order, |
22 | | investigate violations of the criminal law of this State, |
23 | | enforce the laws of this State, make arrests and recover |
24 | | property. The term "special agent" includes any title or |
25 | | position in the Illinois State Police that is held by an |
26 | | individual employed under the Illinois State Police Act. |
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| | HB5261 | - 32 - | LRB103 38573 RPS 68709 b |
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1 | | (5) The term "investigator for the Secretary of State" |
2 | | means any person employed by the Office of the Secretary |
3 | | of State and vested with such investigative duties as |
4 | | render him 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 | | A person who became employed as an investigator for |
8 | | the Secretary of State between January 1, 1967 and |
9 | | December 31, 1975, and who has served as such until |
10 | | attainment of age 60, either continuously or with a single |
11 | | break in service of not more than 3 years duration, which |
12 | | break terminated before January 1, 1976, shall be entitled |
13 | | to have his retirement annuity calculated in accordance |
14 | | with subsection (a), notwithstanding that he has less than |
15 | | 20 years of credit for such service. |
16 | | (6) The term "Conservation Police Officer" means any |
17 | | person employed by the Division of Law Enforcement of the |
18 | | Department of Natural Resources and vested with such law |
19 | | enforcement duties as render him ineligible for coverage |
20 | | under the Social Security Act by reason of Sections |
21 | | 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The |
22 | | term "Conservation Police Officer" includes the positions |
23 | | of Chief Conservation Police Administrator and Assistant |
24 | | Conservation Police Administrator. |
25 | | (7) The term "investigator for the Department of |
26 | | Revenue" means any person employed by the Department of |
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| | HB5261 | - 33 - | LRB103 38573 RPS 68709 b |
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1 | | Revenue and vested with such investigative duties as |
2 | | render him 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. |
5 | | The term "investigator for the Illinois Gaming Board" |
6 | | means any person employed as such by the Illinois Gaming |
7 | | Board and vested with such peace officer duties as render |
8 | | the person ineligible for coverage under the Social |
9 | | Security Act by reason of Sections 218(d)(5)(A), |
10 | | 218(d)(8)(D), and 218(l)(1) of that Act. |
11 | | (8) The term "security employee of the Department of |
12 | | Human Services" means any person employed by the |
13 | | Department of Human Services who (i) is employed at the |
14 | | Chester Mental Health Center and has daily contact with |
15 | | the residents thereof, (ii) is employed within a security |
16 | | unit at a facility operated by the Department and has |
17 | | daily contact with the residents of the security unit, |
18 | | (iii) is employed at a facility operated by the Department |
19 | | that includes a security unit and is regularly scheduled |
20 | | to work at least 50% of his or her working hours within |
21 | | that security unit, or (iv) is a mental health police |
22 | | officer. "Mental health police officer" means any person |
23 | | employed by the Department of Human Services in a position |
24 | | pertaining to the Department's mental health and |
25 | | developmental disabilities functions who is vested with |
26 | | such law enforcement duties as render the person |
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| | HB5261 | - 34 - | LRB103 38573 RPS 68709 b |
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1 | | ineligible for coverage under the Social Security Act by |
2 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
3 | | 218(l)(1) of that Act. "Security unit" means that portion |
4 | | of a facility that is devoted to the care, containment, |
5 | | and treatment of persons committed to the Department of |
6 | | Human Services as sexually violent persons, persons unfit |
7 | | to stand trial, or persons not guilty by reason of |
8 | | insanity. With respect to past employment, references to |
9 | | the Department of Human Services include its predecessor, |
10 | | the Department of Mental Health and Developmental |
11 | | Disabilities. |
12 | | The changes made to this subdivision (c)(8) by Public |
13 | | Act 92-14 apply to persons who retire on or after January |
14 | | 1, 2001, notwithstanding Section 1-103.1. |
15 | | (9) "Central Management Services security police |
16 | | officer" means any person employed by the Department of |
17 | | Central Management Services who is vested with such law |
18 | | enforcement duties as render him ineligible for coverage |
19 | | under the Social Security Act by reason of Sections |
20 | | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. |
21 | | (10) For a member who first became an employee under |
22 | | this Article before July 1, 2005, the term "security |
23 | | employee of the Department of Corrections or the |
24 | | Department of Juvenile Justice" means any employee of the |
25 | | Department of Corrections or the Department of Juvenile |
26 | | Justice or the former Department of Personnel, and any |
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| | HB5261 | - 35 - | LRB103 38573 RPS 68709 b |
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1 | | member or employee of the Prisoner Review Board, who has |
2 | | daily contact with inmates or youth by working within a |
3 | | correctional facility or Juvenile facility operated by the |
4 | | Department of Juvenile Justice or who is a parole officer |
5 | | or an employee who has direct contact with committed |
6 | | persons in the performance of his or her job duties. For a |
7 | | member who first becomes an employee under this Article on |
8 | | or after July 1, 2005, the term means an employee of the |
9 | | Department of Corrections or the Department of Juvenile |
10 | | Justice who is any of the following: (i) officially |
11 | | headquartered at a correctional facility or Juvenile |
12 | | facility operated by the Department of Juvenile Justice, |
13 | | (ii) a parole officer, (iii) a member of the apprehension |
14 | | unit, (iv) a member of the intelligence unit, (v) a member |
15 | | of the sort team, or (vi) an investigator. |
16 | | (11) The term "dangerous drugs investigator" means any |
17 | | person who is employed as such by the Department of Human |
18 | | Services. |
19 | | (12) The term "investigator for the Illinois State |
20 | | Police" means a person employed by the Illinois State |
21 | | Police who is vested under Section 4 of the Narcotic |
22 | | Control Division Abolition Act with such law enforcement |
23 | | powers as render him ineligible for coverage under the |
24 | | Social Security Act by reason of Sections 218(d)(5)(A), |
25 | | 218(d)(8)(D) and 218(l)(1) of that Act. |
26 | | (13) "Investigator for the Office of the Attorney |
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1 | | General" means any person who is employed as such by the |
2 | | Office of the Attorney General and is vested with such |
3 | | investigative duties as render him ineligible for coverage |
4 | | under the Social Security Act by reason of Sections |
5 | | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For |
6 | | the period before January 1, 1989, the term includes all |
7 | | persons who were employed as investigators by the Office |
8 | | of the Attorney General, without regard to social security |
9 | | status. |
10 | | (14) "Controlled substance inspector" means any person |
11 | | who is employed as such by the Department of Professional |
12 | | Regulation and is vested with such law enforcement duties |
13 | | as render him ineligible for coverage under the Social |
14 | | Security Act by reason of Sections 218(d)(5)(A), |
15 | | 218(d)(8)(D) and 218(l)(1) of that Act. The term |
16 | | "controlled substance inspector" includes the Program |
17 | | Executive of Enforcement and the Assistant Program |
18 | | Executive of Enforcement. |
19 | | (15) The term "investigator for the Office of the |
20 | | State's Attorneys Appellate Prosecutor" means a person |
21 | | employed in that capacity on a full-time basis under the |
22 | | authority of Section 7.06 of the State's Attorneys |
23 | | Appellate Prosecutor's Act. |
24 | | (16) "Commerce Commission police officer" means any |
25 | | person employed by the Illinois Commerce Commission who is |
26 | | vested with such law enforcement duties as render him |
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1 | | ineligible for coverage under the Social Security Act by |
2 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and |
3 | | 218(l)(1) of that Act. |
4 | | (17) "Arson investigator" means any person who is |
5 | | employed as such by the Office of the State Fire Marshal |
6 | | and is vested with such law enforcement duties as render |
7 | | the person ineligible for coverage under the Social |
8 | | Security Act by reason of Sections 218(d)(5)(A), |
9 | | 218(d)(8)(D), and 218(l)(1) of that Act. A person who was |
10 | | employed as an arson investigator on January 1, 1995 and |
11 | | is no longer in service but not yet receiving a retirement |
12 | | annuity may convert his or her creditable service for |
13 | | employment as an arson investigator into eligible |
14 | | creditable service by paying to the System the difference |
15 | | between the employee contributions actually paid for that |
16 | | service and the amounts that would have been contributed |
17 | | if the applicant were contributing at the rate applicable |
18 | | to persons with the same social security status earning |
19 | | eligible creditable service on the date of application. |
20 | | (18) The term "State highway maintenance worker" means |
21 | | a person who is either of the following: |
22 | | (i) A person employed on a full-time basis by the |
23 | | Illinois Department of Transportation in the position |
24 | | of highway maintainer, highway maintenance lead |
25 | | worker, highway maintenance lead/lead worker, sign |
26 | | hanger, sign hanger foreman, heavy construction |
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1 | | equipment operator, power shovel operator, or bridge |
2 | | mechanic; and whose principal responsibility is to |
3 | | perform, on the roadway, the actual maintenance |
4 | | necessary to keep the highways that form a part of the |
5 | | State highway system in serviceable condition for |
6 | | vehicular traffic. |
7 | | (ii) A person employed on a full-time basis by the |
8 | | Illinois State Toll Highway Authority in the position |
9 | | of equipment operator/laborer H-4, equipment |
10 | | operator/laborer H-6, welder H-4, welder H-6, |
11 | | mechanical/electrical H-4, mechanical/electrical H-6, |
12 | | water/sewer H-4, water/sewer H-6, sign maker/hanger |
13 | | H-4, sign maker/hanger H-6, roadway lighting H-4, |
14 | | roadway lighting H-6, structural H-4, structural H-6, |
15 | | painter H-4, or painter H-6; and whose principal |
16 | | responsibility is to perform, on the roadway, the |
17 | | actual maintenance necessary to keep the Authority's |
18 | | tollways in serviceable condition for vehicular |
19 | | traffic. |
20 | | The changes to this item (18) made by this amendatory |
21 | | Act of the 103rd General Assembly apply without regard to |
22 | | whether the member was in service on or after its |
23 | | effective date, but do not entitle any person to |
24 | | recalculation of any pension or other benefit already |
25 | | granted. |
26 | | (19) The term "security employee of the Department of |
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1 | | Innovation and Technology" means a person who was a |
2 | | security employee of the Department of Corrections or the |
3 | | Department of Juvenile Justice, was transferred to the |
4 | | Department of Innovation and Technology pursuant to |
5 | | Executive Order 2016-01, and continues to perform similar |
6 | | job functions under that Department. |
7 | | (20) "Transferred employee" means an employee who was |
8 | | transferred to the Department of Central Management |
9 | | Services by Executive Order No. 2003-10 or Executive Order |
10 | | No. 2004-2 or transferred to the Department of Innovation |
11 | | and Technology by Executive Order No. 2016-1, or both, and |
12 | | was entitled to eligible creditable service for services |
13 | | immediately preceding the transfer. |
14 | | (d) A security employee of the Department of Corrections |
15 | | or the Department of Juvenile Justice, a security employee of |
16 | | the Department of Human Services who is not a mental health |
17 | | police officer, and a security employee of the Department of |
18 | | Innovation and Technology shall not be eligible for the |
19 | | alternative retirement annuity provided by this Section unless |
20 | | he or she meets the following minimum age and service |
21 | | requirements at the time of retirement: |
22 | | (i) 25 years of eligible creditable service and age |
23 | | 55; or |
24 | | (ii) beginning January 1, 1987, 25 years of eligible |
25 | | creditable service and age 54, or 24 years of eligible |
26 | | creditable service and age 55; or |
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1 | | (iii) beginning January 1, 1988, 25 years of eligible |
2 | | creditable service and age 53, or 23 years of eligible |
3 | | creditable service and age 55; or |
4 | | (iv) beginning January 1, 1989, 25 years of eligible |
5 | | creditable service and age 52, or 22 years of eligible |
6 | | creditable service and age 55; or |
7 | | (v) beginning January 1, 1990, 25 years of eligible |
8 | | creditable service and age 51, or 21 years of eligible |
9 | | creditable service and age 55; or |
10 | | (vi) beginning January 1, 1991, 25 years of eligible |
11 | | creditable service and age 50, or 20 years of eligible |
12 | | creditable service and age 55. |
13 | | Persons who have service credit under Article 16 of this |
14 | | Code for service as a security employee of the Department of |
15 | | Corrections or the Department of Juvenile Justice, or the |
16 | | Department of Human Services in a position requiring |
17 | | certification as a teacher may count such service toward |
18 | | establishing their eligibility under the service requirements |
19 | | of this Section; but such service may be used only for |
20 | | establishing such eligibility, and not for the purpose of |
21 | | increasing or calculating any benefit. |
22 | | (e) If a member enters military service while working in a |
23 | | position in which eligible creditable service may be earned, |
24 | | and returns to State service in the same or another such |
25 | | position, and fulfills in all other respects the conditions |
26 | | prescribed in this Article for credit for military service, |
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1 | | such military service shall be credited as eligible creditable |
2 | | service for the purposes of the retirement annuity prescribed |
3 | | in this Section. |
4 | | (f) For purposes of calculating retirement annuities under |
5 | | this Section, periods of service rendered after December 31, |
6 | | 1968 and before October 1, 1975 as a covered employee in the |
7 | | position of special agent, conservation police officer, mental |
8 | | health police officer, or investigator for the Secretary of |
9 | | State, shall be deemed to have been service as a noncovered |
10 | | employee, provided that the employee pays to the System prior |
11 | | to retirement an amount equal to (1) the difference between |
12 | | the employee contributions that would have been required for |
13 | | such service as a noncovered employee, and the amount of |
14 | | employee contributions actually paid, plus (2) if payment is |
15 | | made after July 31, 1987, regular interest on the amount |
16 | | specified in item (1) from the date of service to the date of |
17 | | payment. |
18 | | For purposes of calculating retirement annuities under |
19 | | this Section, periods of service rendered after December 31, |
20 | | 1968 and before January 1, 1982 as a covered employee in the |
21 | | position of investigator for the Department of Revenue shall |
22 | | be deemed to have been service as a noncovered employee, |
23 | | provided that the employee pays to the System prior to |
24 | | retirement an amount equal to (1) the difference between the |
25 | | employee contributions that would have been required for such |
26 | | service as a noncovered employee, and the amount of employee |
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1 | | contributions actually paid, plus (2) if payment is made after |
2 | | January 1, 1990, regular interest on the amount specified in |
3 | | item (1) from the date of service to the date of payment. |
4 | | (g) A State policeman may elect, not later than January 1, |
5 | | 1990, to establish eligible creditable service for up to 10 |
6 | | years of his service as a policeman under Article 3, by filing |
7 | | a written election with the Board, accompanied by payment of |
8 | | an amount to be determined by the Board, equal to (i) the |
9 | | difference between the amount of employee and employer |
10 | | contributions transferred to the System under Section 3-110.5, |
11 | | and the amounts that would have been contributed had such |
12 | | contributions been made at the rates applicable to State |
13 | | policemen, plus (ii) interest thereon at the effective rate |
14 | | for each year, compounded annually, from the date of service |
15 | | to the date of payment. |
16 | | Subject to the limitation in subsection (i), a State |
17 | | policeman may elect, not later than July 1, 1993, to establish |
18 | | eligible creditable service for up to 10 years of his service |
19 | | as a member of the County Police Department under Article 9, by |
20 | | filing a written election with the Board, accompanied by |
21 | | payment of 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 9-121.10 |
24 | | and the amounts that would have been contributed had those |
25 | | contributions been made at the rates applicable to State |
26 | | policemen, plus (ii) interest thereon at the effective rate |
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1 | | for each year, compounded annually, from the date of service |
2 | | to the date of payment. |
3 | | (h) Subject to the limitation in subsection (i), a State |
4 | | policeman or investigator for the Secretary of State may elect |
5 | | to establish eligible creditable service for up to 12 years of |
6 | | his service as a policeman under Article 5, by filing a written |
7 | | election with the Board on or before January 31, 1992, and |
8 | | paying to the System by January 31, 1994 an amount to be |
9 | | determined by the Board, equal to (i) the difference between |
10 | | the amount of employee and employer contributions transferred |
11 | | to the System under Section 5-236, and the amounts that would |
12 | | have been contributed had such contributions been made at the |
13 | | rates applicable to State policemen, plus (ii) interest |
14 | | thereon at the effective rate for each year, compounded |
15 | | annually, from the date of service to the date of payment. |
16 | | Subject to the limitation in subsection (i), a State |
17 | | policeman, conservation police officer, or investigator for |
18 | | the Secretary of State may elect to establish eligible |
19 | | creditable service for up to 10 years of service as a sheriff's |
20 | | law enforcement employee under Article 7, by filing a written |
21 | | election with the Board on or before January 31, 1993, and |
22 | | paying to the System by January 31, 1994 an amount to be |
23 | | determined by the Board, equal to (i) the difference between |
24 | | the amount of employee and employer contributions transferred |
25 | | to the System under Section 7-139.7, and the amounts that |
26 | | would have been contributed had such contributions been made |
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1 | | at the rates applicable to State policemen, plus (ii) interest |
2 | | thereon at the effective rate for each year, compounded |
3 | | annually, from the date of service to the date of payment. |
4 | | Subject to the limitation in subsection (i), a State |
5 | | policeman, conservation police officer, or investigator for |
6 | | the Secretary of State may elect to establish eligible |
7 | | creditable service for up to 5 years of service as a police |
8 | | officer under Article 3, a policeman under Article 5, a |
9 | | sheriff's law enforcement employee under Article 7, a member |
10 | | of the county police department under Article 9, or a police |
11 | | officer under Article 15 by filing a written election with the |
12 | | Board and paying to the System an amount to be determined by |
13 | | the Board, equal to (i) the difference between the amount of |
14 | | employee and employer contributions transferred to the System |
15 | | under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
16 | | and the amounts that would have been contributed had such |
17 | | contributions been made at the rates applicable to State |
18 | | policemen, plus (ii) interest thereon at the effective rate |
19 | | for each year, compounded annually, from the date of service |
20 | | to the date of payment. |
21 | | Subject to the limitation in subsection (i), an |
22 | | investigator for the Office of the Attorney General, or an |
23 | | investigator for the Department of Revenue, may elect to |
24 | | establish eligible creditable service for up to 5 years of |
25 | | service as a police officer under Article 3, a policeman under |
26 | | Article 5, a sheriff's law enforcement employee under Article |
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1 | | 7, or a member of the county police department under Article 9 |
2 | | by filing a written election with the Board within 6 months |
3 | | after August 25, 2009 (the effective date of Public Act |
4 | | 96-745) and paying to the System an amount to be determined by |
5 | | the Board, equal to (i) the difference between the amount of |
6 | | employee and employer contributions transferred to the System |
7 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
8 | | amounts that would have been contributed had such |
9 | | contributions been made at the rates applicable to State |
10 | | policemen, plus (ii) interest thereon at the actuarially |
11 | | assumed rate for each year, compounded annually, from the date |
12 | | of service to the date of payment. |
13 | | Subject to the limitation in subsection (i), a State |
14 | | policeman, conservation police officer, investigator for the |
15 | | Office of the Attorney General, an investigator for the |
16 | | Department of Revenue, or investigator for the Secretary of |
17 | | State may elect to establish eligible creditable service for |
18 | | up to 5 years of service as a person employed by a |
19 | | participating municipality to perform police duties, or law |
20 | | enforcement officer employed on a full-time basis by a forest |
21 | | preserve district under Article 7, a county corrections |
22 | | officer, or a court services officer under Article 9, by |
23 | | filing a written election with the Board within 6 months after |
24 | | August 25, 2009 (the effective date of Public Act 96-745) and |
25 | | paying to the System an amount to be determined by the Board, |
26 | | equal to (i) the difference between the amount of employee and |
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1 | | employer contributions transferred to the System under |
2 | | Sections 7-139.8 and 9-121.10 and the amounts that would have |
3 | | been contributed had such contributions been made at the rates |
4 | | applicable to State policemen, plus (ii) interest thereon at |
5 | | the actuarially assumed rate for each year, compounded |
6 | | annually, from the date of service to the date of payment. |
7 | | Subject to the limitation in subsection (i), a State |
8 | | policeman, arson investigator, or Commerce Commission police |
9 | | officer may elect to establish eligible creditable service for |
10 | | up to 5 years of service as a person employed by a |
11 | | participating municipality to perform police duties under |
12 | | Article 7, a county corrections officer, a court services |
13 | | officer under Article 9, or a firefighter under Article 4 by |
14 | | filing a written election with the Board within 6 months after |
15 | | July 30, 2021 (the effective date of Public Act 102-210) and |
16 | | paying to the System an amount to be determined by the Board |
17 | | equal to (i) the difference between the amount of employee and |
18 | | employer contributions transferred to the System under |
19 | | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that |
20 | | would have been contributed had such contributions been made |
21 | | at the rates applicable to State policemen, plus (ii) interest |
22 | | thereon at the actuarially assumed rate for each year, |
23 | | compounded annually, from the date of service to the date of |
24 | | payment. |
25 | | Subject to the limitation in subsection (i), a |
26 | | conservation police officer may elect to establish eligible |
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1 | | creditable service for up to 5 years of service as a person |
2 | | employed by a participating municipality to perform police |
3 | | duties under Article 7, a county corrections officer, or a |
4 | | court services officer under Article 9 by filing a written |
5 | | election with the Board within 6 months after July 30, 2021 |
6 | | (the effective date of Public Act 102-210) and paying to the |
7 | | System an amount to be determined by the Board equal to (i) the |
8 | | difference between the amount of employee and employer |
9 | | contributions transferred to the System under Sections 7-139.8 |
10 | | and 9-121.10 and the amounts that would have been contributed |
11 | | had such contributions been made at the rates applicable to |
12 | | State policemen, plus (ii) interest thereon at the actuarially |
13 | | assumed rate for each year, compounded annually, from the date |
14 | | of service to the date of payment. |
15 | | Subject to the limitation in subsection (i), an |
16 | | investigator for the Department of Revenue, investigator for |
17 | | the Illinois Gaming Board, investigator for the Secretary of |
18 | | State, or arson investigator may elect to establish eligible |
19 | | creditable service for up to 5 years of service as a person |
20 | | employed by a participating municipality to perform police |
21 | | duties under Article 7, a county corrections officer, a court |
22 | | services officer under Article 9, or a firefighter under |
23 | | Article 4 by filing a written election with the Board within 6 |
24 | | months after the effective date of this amendatory Act of the |
25 | | 102nd General Assembly and paying to the System an amount to be |
26 | | determined by the Board equal to (i) the difference between |
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1 | | the amount of employee and employer contributions transferred |
2 | | to the System under Sections 4-108.8, 7-139.8, and 9-121.10 |
3 | | and the amounts that would have been contributed had such |
4 | | contributions been made at the rates applicable to State |
5 | | policemen, plus (ii) interest thereon at the actuarially |
6 | | assumed rate for each year, compounded annually, from the date |
7 | | of service to the date of payment. |
8 | | Notwithstanding the limitation in subsection (i), a State |
9 | | policeman or conservation police officer may elect to convert |
10 | | service credit earned under this Article to eligible |
11 | | creditable service, as defined by this Section, by filing a |
12 | | written election with the board within 6 months after July 30, |
13 | | 2021 (the effective date of Public Act 102-210) and paying to |
14 | | the System an amount to be determined by the Board equal to (i) |
15 | | the difference between the amount of employee contributions |
16 | | originally paid for that service and the amounts that would |
17 | | have been contributed had such contributions been made at the |
18 | | rates applicable to State policemen, plus (ii) the difference |
19 | | between the employer's normal cost of the credit prior to the |
20 | | conversion authorized by Public Act 102-210 and the employer's |
21 | | normal cost of the credit converted in accordance with Public |
22 | | Act 102-210, plus (iii) interest thereon at the actuarially |
23 | | assumed rate for each year, compounded annually, from the date |
24 | | of service to the date of payment. |
25 | | Notwithstanding the limitation in subsection (i), an |
26 | | investigator for the Department of Revenue, investigator for |
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1 | | the Illinois Gaming Board, investigator for the Secretary of |
2 | | State, or arson investigator may elect to convert service |
3 | | credit earned under this Article to eligible creditable |
4 | | service, as defined by this Section, by filing a written |
5 | | election with the Board within 6 months after the effective |
6 | | date of this amendatory Act of the 102nd General Assembly and |
7 | | paying to the System an amount to be determined by the Board |
8 | | equal to (i) the difference between the amount of employee |
9 | | contributions originally paid for that service and the amounts |
10 | | that would have been contributed had such contributions been |
11 | | made at the rates applicable to investigators for the |
12 | | Department of Revenue, investigators for the Illinois Gaming |
13 | | Board, investigators for the Secretary of State, or arson |
14 | | investigators, plus (ii) the difference between the employer's |
15 | | normal cost of the credit prior to the conversion authorized |
16 | | by this amendatory Act of the 102nd General Assembly and the |
17 | | employer's normal cost of the credit converted in accordance |
18 | | with this amendatory Act of the 102nd General Assembly, plus |
19 | | (iii) interest thereon at the actuarially assumed rate for |
20 | | each year, compounded annually, from the date of service to |
21 | | the date of payment. |
22 | | (i) The total amount of eligible creditable service |
23 | | established by any person under subsections (g), (h), (j), |
24 | | (k), (l), (l-5), and (o) of this Section shall not exceed 12 |
25 | | years. |
26 | | (j) Subject to the limitation in subsection (i), an |
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1 | | investigator for the Office of the State's Attorneys Appellate |
2 | | Prosecutor or a controlled substance inspector may elect to |
3 | | establish eligible creditable service for up to 10 years of |
4 | | his service as a policeman under Article 3 or a sheriff's law |
5 | | enforcement employee under Article 7, by filing a written |
6 | | election with the Board, accompanied by payment of an amount |
7 | | to be determined by the Board, equal to (1) the difference |
8 | | between the amount of employee and employer contributions |
9 | | transferred to the System under Section 3-110.6 or 7-139.8, |
10 | | and the amounts that would have been contributed had such |
11 | | contributions been made at the rates applicable to State |
12 | | policemen, plus (2) interest thereon at the effective rate for |
13 | | each year, compounded annually, from the date of service to |
14 | | the date of payment. |
15 | | (k) Subject to the limitation in subsection (i) of this |
16 | | Section, an alternative formula employee may elect to |
17 | | establish eligible creditable service for periods spent as a |
18 | | full-time law enforcement officer or full-time corrections |
19 | | officer employed by the federal government or by a state or |
20 | | local government located outside of Illinois, for which credit |
21 | | is not held in any other public employee pension fund or |
22 | | retirement system. To obtain this credit, the applicant must |
23 | | file a written application with the Board by March 31, 1998, |
24 | | accompanied by evidence of eligibility acceptable to the Board |
25 | | and payment of an amount to be determined by the Board, equal |
26 | | to (1) employee contributions for the credit being |
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1 | | established, based upon the applicant's salary on the first |
2 | | day as an alternative formula employee after the employment |
3 | | for which credit is being established and the rates then |
4 | | applicable to alternative formula employees, plus (2) an |
5 | | amount determined by the Board to be the employer's normal |
6 | | cost of the benefits accrued for the credit being established, |
7 | | plus (3) regular interest on the amounts in items (1) and (2) |
8 | | from the first day as an alternative formula employee after |
9 | | the employment for which credit is being established to the |
10 | | date of payment. |
11 | | (l) Subject to the limitation in subsection (i), a |
12 | | security employee of the Department of Corrections may elect, |
13 | | not later than July 1, 1998, to establish eligible creditable |
14 | | service for up to 10 years of his or her service as a policeman |
15 | | under Article 3, by filing a written election with the Board, |
16 | | accompanied by payment of an amount to be determined by the |
17 | | Board, equal to (i) the difference between the amount of |
18 | | employee and employer contributions transferred to the System |
19 | | under Section 3-110.5, and the amounts that would have been |
20 | | contributed had such contributions been made at the rates |
21 | | applicable to security employees of the Department of |
22 | | Corrections, plus (ii) interest thereon at the effective rate |
23 | | for each year, compounded annually, from the date of service |
24 | | to the date of payment. |
25 | | (l-5) Subject to the limitation in subsection (i) of this |
26 | | Section, a State policeman may elect to establish eligible |
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1 | | creditable service for up to 5 years of service as a full-time |
2 | | law enforcement officer employed by the federal government or |
3 | | by a state or local government located outside of Illinois for |
4 | | which credit is not held in any other public employee pension |
5 | | fund or retirement system. To obtain this credit, the |
6 | | applicant must file a written application with the Board no |
7 | | later than 3 years after January 1, 2020 (the effective date of |
8 | | Public Act 101-610), accompanied by evidence of eligibility |
9 | | acceptable to the Board and payment of an amount to be |
10 | | determined by the Board, equal to (1) employee contributions |
11 | | for the credit being established, based upon the applicant's |
12 | | salary on the first day as an alternative formula employee |
13 | | after the employment for which credit is being established and |
14 | | the rates then applicable to alternative formula employees, |
15 | | plus (2) an amount determined by the Board to be the employer's |
16 | | normal cost of the benefits accrued for the credit being |
17 | | established, plus (3) regular interest on the amounts in items |
18 | | (1) and (2) from the first day as an alternative formula |
19 | | employee after the employment for which credit is being |
20 | | established to the date of payment. |
21 | | (m) The amendatory changes to this Section made by Public |
22 | | Act 94-696 apply only to: (1) security employees of the |
23 | | Department of Juvenile Justice employed by the Department of |
24 | | Corrections before June 1, 2006 (the effective date of Public |
25 | | Act 94-696) and transferred to the Department of Juvenile |
26 | | Justice by Public Act 94-696; and (2) persons employed by the |
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1 | | Department of Juvenile Justice on or after June 1, 2006 (the |
2 | | effective date of Public Act 94-696) who are required by |
3 | | subsection (b) of Section 3-2.5-15 of the Unified Code of |
4 | | Corrections to have any bachelor's or advanced degree from an |
5 | | accredited college or university or, in the case of persons |
6 | | who provide vocational training, who are required to have |
7 | | adequate knowledge in the skill for which they are providing |
8 | | the vocational training. |
9 | | (n) A person employed in a position under subsection (b) |
10 | | of this Section who has purchased service credit under |
11 | | subsection (j) of Section 14-104 or subsection (b) of Section |
12 | | 14-105 in any other capacity under this Article may convert up |
13 | | to 5 years of that service credit into service credit covered |
14 | | under this Section by paying to the Fund an amount equal to (1) |
15 | | the additional employee contribution required under Section |
16 | | 14-133, plus (2) the additional employer contribution required |
17 | | under Section 14-131, plus (3) interest on items (1) and (2) at |
18 | | the actuarially assumed rate from the date of the service to |
19 | | the date of payment. |
20 | | (o) Subject to the limitation in subsection (i), a |
21 | | conservation police officer, investigator for the Secretary of |
22 | | State, Commerce Commission police officer, investigator for |
23 | | the Department of Revenue or the Illinois Gaming Board, or |
24 | | arson investigator subject to subsection (g) of Section 1-160 |
25 | | may elect to convert up to 8 years of service credit |
26 | | established before January 1, 2020 (the effective date of |
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1 | | Public Act 101-610) as a conservation police officer, |
2 | | investigator for the Secretary of State, Commerce Commission |
3 | | police officer, investigator for the Department of Revenue or |
4 | | the Illinois Gaming Board, or arson investigator under this |
5 | | Article into eligible creditable service by filing a written |
6 | | election with the Board no later than one year after January 1, |
7 | | 2020 (the effective date of Public Act 101-610), accompanied |
8 | | by payment of an amount to be determined by the Board equal to |
9 | | (i) the difference between the amount of the employee |
10 | | contributions actually paid for that service and the amount of |
11 | | the employee contributions that would have been paid had the |
12 | | employee contributions been made as a noncovered employee |
13 | | serving in a position in which eligible creditable service, as |
14 | | defined in this Section, may be earned, plus (ii) interest |
15 | | thereon at the effective rate for each year, compounded |
16 | | annually, from the date of service to the date of payment. |
17 | | (q) A person who is employed on a full-time basis by the |
18 | | Illinois Department of Transportation in the position of sign |
19 | | hanger or sign hanger foreman may elect to convert service |
20 | | credit earned under this Article to eligible creditable |
21 | | service by filing a written election with the Board and paying |
22 | | to the System an amount to be determined by the Board equal to |
23 | | (i) the difference between the amount of employee |
24 | | contributions originally paid for that service and the amounts |
25 | | that would have been contributed had such contributions been |
26 | | made at the rates applicable to State highway maintenance |
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1 | | workers, plus (ii) the difference between the employer's |
2 | | normal cost of the credit prior to the conversion authorized |
3 | | by this amendatory Act of the 103rd General Assembly and the |
4 | | employer's normal cost of the credit converted in accordance |
5 | | with this amendatory Act of the 103rd General Assembly, plus |
6 | | (iii) interest thereon at the actuarially assumed rate for |
7 | | each year, compounded annually, from the date of service to |
8 | | the date of payment. |
9 | | (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21; |
10 | | 102-856, eff. 1-1-23; 103-34, eff. 1-1-24 .) |
11 | | (Text of Section from P.A. 102-956 and 103-34) |
12 | | Sec. 14-110. Alternative retirement annuity. |
13 | | (a) Any member who has withdrawn from service with not |
14 | | less than 20 years of eligible creditable service and has |
15 | | attained age 55, and any member who has withdrawn from service |
16 | | with not less than 25 years of eligible creditable service and |
17 | | has attained age 50, regardless of whether the attainment of |
18 | | either of the specified ages occurs while the member is still |
19 | | in service, shall be entitled to receive at the option of the |
20 | | member, in lieu of the regular or minimum retirement annuity, |
21 | | a retirement annuity computed as follows: |
22 | | (i) for periods of service as a noncovered employee: |
23 | | if retirement occurs on or after January 1, 2001, 3% of |
24 | | final average compensation for each year of creditable |
25 | | service; if retirement occurs before January 1, 2001, 2 |
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1 | | 1/4% of final average compensation for each of the first |
2 | | 10 years of creditable service, 2 1/2% for each year above |
3 | | 10 years to and including 20 years of creditable service, |
4 | | and 2 3/4% for each year of creditable service above 20 |
5 | | years; and |
6 | | (ii) for periods of eligible creditable service as a |
7 | | covered employee: if retirement occurs on or after January |
8 | | 1, 2001, 2.5% of final average compensation for each year |
9 | | of creditable service; if retirement occurs before January |
10 | | 1, 2001, 1.67% of final average compensation for each of |
11 | | the first 10 years of such service, 1.90% for each of the |
12 | | next 10 years of such service, 2.10% for each year of such |
13 | | service in excess of 20 but not exceeding 30, and 2.30% for |
14 | | each year in excess of 30. |
15 | | Such annuity shall be subject to a maximum of 75% of final |
16 | | average compensation if retirement occurs before January 1, |
17 | | 2001 or to a maximum of 80% of final average compensation if |
18 | | retirement occurs on or after January 1, 2001. |
19 | | These rates shall not be applicable to any service |
20 | | performed by a member as a covered employee which is not |
21 | | eligible creditable service. Service as a covered employee |
22 | | which is not eligible creditable service shall be subject to |
23 | | the rates and provisions of Section 14-108. |
24 | | (b) For the purpose of this Section, "eligible creditable |
25 | | service" means creditable service resulting from service in |
26 | | one or more of the following positions: |
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1 | | (1) State policeman; |
2 | | (2) fire fighter in the fire protection service of a |
3 | | department; |
4 | | (3) air pilot; |
5 | | (4) special agent; |
6 | | (5) investigator for the Secretary of State; |
7 | | (6) conservation police officer; |
8 | | (7) investigator for the Department of Revenue or the |
9 | | Illinois Gaming Board; |
10 | | (8) security employee of the Department of Human |
11 | | Services; |
12 | | (9) Central Management Services security police |
13 | | officer; |
14 | | (10) security employee of the Department of |
15 | | Corrections or the Department of Juvenile Justice; |
16 | | (11) dangerous drugs investigator; |
17 | | (12) investigator for the Illinois State Police; |
18 | | (13) investigator for the Office of the Attorney |
19 | | General; |
20 | | (14) controlled substance inspector; |
21 | | (15) investigator for the Office of the State's |
22 | | Attorneys Appellate Prosecutor; |
23 | | (16) Commerce Commission police officer; |
24 | | (17) arson investigator; |
25 | | (18) State highway maintenance worker; |
26 | | (19) security employee of the Department of Innovation |
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1 | | and Technology; or |
2 | | (20) transferred employee. |
3 | | A person employed in one of the positions specified in |
4 | | this subsection is entitled to eligible creditable service for |
5 | | service credit earned under this Article while undergoing the |
6 | | basic police training course approved by the Illinois Law |
7 | | Enforcement Training Standards Board, if completion of that |
8 | | training is required of persons serving in that position. For |
9 | | the purposes of this Code, service during the required basic |
10 | | police training course shall be deemed performance of the |
11 | | duties of the specified position, even though the person is |
12 | | not a sworn peace officer at the time of the training. |
13 | | A person under paragraph (20) is entitled to eligible |
14 | | creditable service for service credit earned under this |
15 | | Article on and after his or her transfer by Executive Order No. |
16 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. |
17 | | 2016-1. |
18 | | (c) For the purposes of this Section: |
19 | | (1) The term "State policeman" includes any title or |
20 | | position in the Illinois State Police that is held by an |
21 | | individual employed under the Illinois State Police Act. |
22 | | (2) The term "fire fighter in the fire protection |
23 | | service of a department" includes all officers in such |
24 | | fire protection service including fire chiefs and |
25 | | assistant fire chiefs. |
26 | | (3) The term "air pilot" includes any employee whose |
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1 | | official job description on file in the Department of |
2 | | Central Management Services, or in the department by which |
3 | | he is employed if that department is not covered by the |
4 | | Personnel Code, states that his principal duty is the |
5 | | operation of aircraft, and who possesses a pilot's |
6 | | license; however, the change in this definition made by |
7 | | Public Act 83-842 shall not operate to exclude any |
8 | | noncovered employee who was an "air pilot" for the |
9 | | purposes of this Section on January 1, 1984. |
10 | | (4) The term "special agent" means any person who by |
11 | | reason of employment by the Division of Narcotic Control, |
12 | | the Bureau of Investigation or, after July 1, 1977, the |
13 | | Division of Criminal Investigation, the Division of |
14 | | Internal Investigation, the Division of Operations, the |
15 | | Division of Patrol, or any other Division or |
16 | | organizational entity in the Illinois State Police is |
17 | | vested by law with duties to maintain public order, |
18 | | investigate violations of the criminal law of this State, |
19 | | enforce the laws of this State, make arrests and recover |
20 | | property. The term "special agent" includes any title or |
21 | | position in the Illinois State Police that is held by an |
22 | | individual employed under the Illinois State Police Act. |
23 | | (5) The term "investigator for the Secretary of State" |
24 | | means any person employed by the Office of the Secretary |
25 | | of State and vested with such investigative duties as |
26 | | render him ineligible for coverage under the Social |
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1 | | Security Act by reason of Sections 218(d)(5)(A), |
2 | | 218(d)(8)(D) and 218(l)(1) of that Act. |
3 | | A person who became employed as an investigator for |
4 | | the Secretary of State between January 1, 1967 and |
5 | | December 31, 1975, and who has served as such until |
6 | | attainment of age 60, either continuously or with a single |
7 | | break in service of not more than 3 years duration, which |
8 | | break terminated before January 1, 1976, shall be entitled |
9 | | to have his retirement annuity calculated in accordance |
10 | | with subsection (a), notwithstanding that he has less than |
11 | | 20 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 |
24 | | render him ineligible for coverage under the Social |
25 | | Security Act by reason of Sections 218(d)(5)(A), |
26 | | 218(d)(8)(D) and 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 |
9 | | Department of Human Services who (i) is employed at the |
10 | | Chester Mental Health Center and has daily contact with |
11 | | the residents thereof, (ii) is employed within a security |
12 | | unit at a facility operated by the Department and has |
13 | | daily contact with the residents of the security unit, |
14 | | (iii) is employed at a facility operated by the Department |
15 | | that includes a security unit and is regularly scheduled |
16 | | to work at least 50% of his or her working hours within |
17 | | that security unit, or (iv) is a mental health police |
18 | | officer. "Mental health police officer" means any person |
19 | | employed by the Department of Human Services in a position |
20 | | pertaining to the Department's mental health and |
21 | | developmental disabilities functions who is vested with |
22 | | such law enforcement duties as render the person |
23 | | ineligible for coverage under the Social Security Act by |
24 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
25 | | 218(l)(1) of that Act. "Security unit" means that portion |
26 | | of a facility that is devoted to the care, containment, |
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1 | | and treatment of persons committed to the Department of |
2 | | Human Services as sexually violent persons, persons unfit |
3 | | to stand trial, or persons not guilty by reason of |
4 | | insanity. With respect to past employment, references to |
5 | | the Department of Human Services include its predecessor, |
6 | | the Department of Mental Health and Developmental |
7 | | Disabilities. |
8 | | The changes made to this subdivision (c)(8) by Public |
9 | | Act 92-14 apply to persons who retire on or after January |
10 | | 1, 2001, notwithstanding Section 1-103.1. |
11 | | (9) "Central Management Services security police |
12 | | officer" means any person employed by the Department of |
13 | | Central Management Services who is vested with such law |
14 | | enforcement duties as render him ineligible for coverage |
15 | | under the Social Security Act by reason of Sections |
16 | | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. |
17 | | (10) For a member who first became an employee under |
18 | | this Article before July 1, 2005, the term "security |
19 | | employee of the Department of Corrections or the |
20 | | Department of Juvenile Justice" means any employee of the |
21 | | Department of Corrections or the Department of Juvenile |
22 | | Justice or the former Department of Personnel, and any |
23 | | member or employee of the Prisoner Review Board, who has |
24 | | daily contact with inmates or youth by working within a |
25 | | correctional facility or Juvenile facility operated by the |
26 | | Department of Juvenile Justice or who is a parole officer |
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1 | | or an employee who has direct contact with committed |
2 | | persons in the performance of his or her job duties. For a |
3 | | member who first becomes an employee under this Article on |
4 | | or after July 1, 2005, the term means an employee of the |
5 | | Department of Corrections or the Department of Juvenile |
6 | | Justice who is any of the following: (i) officially |
7 | | headquartered at a correctional facility or Juvenile |
8 | | facility operated by the Department of Juvenile Justice, |
9 | | (ii) a parole officer, (iii) a member of the apprehension |
10 | | unit, (iv) a member of the intelligence unit, (v) a member |
11 | | of the sort team, or (vi) an investigator. |
12 | | (11) The term "dangerous drugs investigator" means any |
13 | | person who is employed as such by the Department of Human |
14 | | Services. |
15 | | (12) The term "investigator for the Illinois State |
16 | | Police" means a person employed by the Illinois State |
17 | | Police who is vested under Section 4 of the Narcotic |
18 | | Control Division Abolition Act with such law enforcement |
19 | | powers as render him ineligible for coverage under the |
20 | | Social Security Act by reason of Sections 218(d)(5)(A), |
21 | | 218(d)(8)(D) and 218(l)(1) of that Act. |
22 | | (13) "Investigator for the Office of the Attorney |
23 | | General" means any person who is employed as such by the |
24 | | Office of the Attorney General and is vested with such |
25 | | investigative duties as render him ineligible for coverage |
26 | | under the Social Security Act by reason of Sections |
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1 | | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For |
2 | | the period before January 1, 1989, the term includes all |
3 | | persons who were employed as investigators by the Office |
4 | | of the Attorney General, without regard to social security |
5 | | status. |
6 | | (14) "Controlled substance inspector" means any person |
7 | | who is employed as such by the Department of Professional |
8 | | Regulation and is vested with such law enforcement duties |
9 | | as render him ineligible for coverage under the Social |
10 | | Security Act by reason of Sections 218(d)(5)(A), |
11 | | 218(d)(8)(D) and 218(l)(1) of that Act. The term |
12 | | "controlled substance inspector" includes the Program |
13 | | Executive of Enforcement and the Assistant Program |
14 | | Executive of Enforcement. |
15 | | (15) The term "investigator for the Office of the |
16 | | State's Attorneys Appellate Prosecutor" means a person |
17 | | employed in that capacity on a full-time basis under the |
18 | | authority of Section 7.06 of the State's Attorneys |
19 | | Appellate Prosecutor's Act. |
20 | | (16) "Commerce Commission police officer" means any |
21 | | person employed by the Illinois Commerce Commission who is |
22 | | vested with such law enforcement duties as render him |
23 | | ineligible for coverage under the Social Security Act by |
24 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and |
25 | | 218(l)(1) of that Act. |
26 | | (17) "Arson investigator" means any person who is |
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1 | | employed as such by the Office of the State Fire Marshal |
2 | | and is vested with such law enforcement duties as render |
3 | | the person ineligible for coverage under the Social |
4 | | Security Act by reason of Sections 218(d)(5)(A), |
5 | | 218(d)(8)(D), and 218(l)(1) of that Act. A person who was |
6 | | employed as an arson investigator on January 1, 1995 and |
7 | | is no longer in service but not yet receiving a retirement |
8 | | annuity may convert his or her creditable service for |
9 | | employment as an arson investigator into eligible |
10 | | creditable service by paying to the System the difference |
11 | | between the employee contributions actually paid for that |
12 | | service and the amounts that would have been contributed |
13 | | if the applicant were contributing at the rate applicable |
14 | | to persons with the same social security status earning |
15 | | eligible creditable service on the date of application. |
16 | | (18) The term "State highway maintenance worker" means |
17 | | a person who is either of the following: |
18 | | (i) A person employed on a full-time basis by the |
19 | | Illinois Department of Transportation in the position |
20 | | of highway maintainer, highway maintenance lead |
21 | | worker, highway maintenance lead/lead worker, sign |
22 | | hanger, sign hanger foreman, heavy construction |
23 | | equipment operator, power shovel operator, or bridge |
24 | | mechanic; and whose principal responsibility is to |
25 | | perform, on the roadway, the actual maintenance |
26 | | necessary to keep the highways that form a part of the |
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1 | | State highway system in serviceable condition for |
2 | | vehicular traffic. |
3 | | (ii) A person employed on a full-time basis by the |
4 | | Illinois State Toll Highway Authority in the position |
5 | | of equipment operator/laborer H-4, equipment |
6 | | operator/laborer H-6, welder H-4, welder H-6, |
7 | | mechanical/electrical H-4, mechanical/electrical H-6, |
8 | | water/sewer H-4, water/sewer H-6, sign maker/hanger |
9 | | H-4, sign maker/hanger H-6, roadway lighting H-4, |
10 | | roadway lighting H-6, structural H-4, structural H-6, |
11 | | painter H-4, or painter H-6; and whose principal |
12 | | responsibility is to perform, on the roadway, the |
13 | | actual maintenance necessary to keep the Authority's |
14 | | tollways in serviceable condition for vehicular |
15 | | traffic. |
16 | | The changes to this item (18) made by this amendatory |
17 | | Act of the 103rd General Assembly apply without regard to |
18 | | whether the member was in service on or after its |
19 | | effective date, but do not entitle any person to |
20 | | recalculation of any pension or other benefit already |
21 | | granted. |
22 | | (19) The term "security employee of the Department of |
23 | | Innovation and Technology" means a person who was a |
24 | | security employee of the Department of Corrections or the |
25 | | Department of Juvenile Justice, was transferred to the |
26 | | Department of Innovation and Technology pursuant to |
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1 | | Executive Order 2016-01, and continues to perform similar |
2 | | job functions under that Department. |
3 | | (20) "Transferred employee" means an employee who was |
4 | | transferred to the Department of Central Management |
5 | | Services by Executive Order No. 2003-10 or Executive Order |
6 | | No. 2004-2 or transferred to the Department of Innovation |
7 | | and Technology by Executive Order No. 2016-1, or both, and |
8 | | was entitled to eligible creditable service for services |
9 | | immediately preceding the transfer. |
10 | | (d) A security employee of the Department of Corrections |
11 | | or the Department of Juvenile Justice, a security employee of |
12 | | the Department of Human Services who is not a mental health |
13 | | police officer, and a security employee of the Department of |
14 | | Innovation and Technology shall not be eligible for the |
15 | | alternative retirement annuity provided by this Section unless |
16 | | he or she meets the following minimum age and service |
17 | | requirements at the time of retirement: |
18 | | (i) 25 years of eligible creditable service and age |
19 | | 55; or |
20 | | (ii) beginning January 1, 1987, 25 years of eligible |
21 | | creditable service and age 54, or 24 years of eligible |
22 | | creditable service and age 55; or |
23 | | (iii) beginning January 1, 1988, 25 years of eligible |
24 | | creditable service and age 53, or 23 years of eligible |
25 | | creditable service and age 55; or |
26 | | (iv) beginning January 1, 1989, 25 years of eligible |
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1 | | creditable service and age 52, or 22 years of eligible |
2 | | creditable service and age 55; or |
3 | | (v) beginning January 1, 1990, 25 years of eligible |
4 | | creditable service and age 51, or 21 years of eligible |
5 | | creditable service and age 55; or |
6 | | (vi) beginning January 1, 1991, 25 years of eligible |
7 | | creditable service and age 50, or 20 years of eligible |
8 | | creditable service and age 55. |
9 | | Persons who have service credit under Article 16 of this |
10 | | Code for service as a security employee of the Department of |
11 | | Corrections or the Department of Juvenile Justice, or the |
12 | | Department of Human Services in a position requiring |
13 | | certification as a teacher may count such service toward |
14 | | establishing their eligibility under the service requirements |
15 | | of this Section; but such service may be used only for |
16 | | establishing such eligibility, and not for the purpose of |
17 | | increasing or calculating any benefit. |
18 | | (e) If a member enters military service while working in a |
19 | | position in which eligible creditable service may be earned, |
20 | | and returns to State service in the same or another such |
21 | | position, and fulfills in all other respects the conditions |
22 | | prescribed in this Article for credit for military service, |
23 | | such military service shall be credited as eligible creditable |
24 | | service for the purposes of the retirement annuity prescribed |
25 | | in this Section. |
26 | | (f) For purposes of calculating retirement annuities under |
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1 | | this Section, periods of service rendered after December 31, |
2 | | 1968 and before October 1, 1975 as a covered employee in the |
3 | | position of special agent, conservation police officer, mental |
4 | | health police officer, or investigator for the Secretary of |
5 | | State, shall be deemed to have been service as a noncovered |
6 | | employee, provided that the employee pays to the System prior |
7 | | to retirement an amount equal to (1) the difference between |
8 | | the employee contributions that would have been required for |
9 | | such service as a noncovered employee, and the amount of |
10 | | employee contributions actually paid, plus (2) if payment is |
11 | | made after July 31, 1987, regular interest on the amount |
12 | | specified in item (1) from the date of service to the date of |
13 | | payment. |
14 | | For purposes of calculating retirement annuities under |
15 | | this Section, periods of service rendered after December 31, |
16 | | 1968 and before January 1, 1982 as a covered employee in the |
17 | | position of investigator for the Department of Revenue shall |
18 | | be deemed to have been service as a noncovered employee, |
19 | | provided that the employee pays to the System prior to |
20 | | retirement an amount equal to (1) the difference between the |
21 | | employee contributions that would have been required for such |
22 | | service as a noncovered employee, and the amount of employee |
23 | | contributions actually paid, plus (2) if payment is made after |
24 | | January 1, 1990, regular interest on the amount specified in |
25 | | item (1) from the date of service to the date of payment. |
26 | | (g) A State policeman may elect, not later than January 1, |
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1 | | 1990, to establish eligible creditable service for up to 10 |
2 | | years of his service as a policeman under Article 3, by filing |
3 | | a written election with the Board, accompanied by payment of |
4 | | an amount to be determined by the Board, equal to (i) the |
5 | | difference between the amount of employee and employer |
6 | | contributions transferred to the System under Section 3-110.5, |
7 | | and the amounts that would have been contributed had such |
8 | | contributions been made at the rates applicable to State |
9 | | policemen, plus (ii) interest thereon at the effective rate |
10 | | for each year, compounded annually, from the date of service |
11 | | to the date of payment. |
12 | | Subject to the limitation in subsection (i), a State |
13 | | policeman may elect, not later than July 1, 1993, to establish |
14 | | eligible creditable service for up to 10 years of his service |
15 | | as a member of the County Police Department under Article 9, by |
16 | | filing a written election with the Board, accompanied by |
17 | | payment of an amount to be determined by the Board, equal to |
18 | | (i) the difference between the amount of employee and employer |
19 | | contributions transferred to the System under Section 9-121.10 |
20 | | and the amounts that would have been contributed had those |
21 | | contributions been made at the rates applicable to State |
22 | | policemen, plus (ii) interest thereon at the effective rate |
23 | | for each year, compounded annually, from the date of service |
24 | | to the date of payment. |
25 | | (h) Subject to the limitation in subsection (i), a State |
26 | | policeman or investigator for the Secretary of State may elect |
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1 | | to establish eligible creditable service for up to 12 years of |
2 | | his service as a policeman under Article 5, by filing a written |
3 | | election with the Board on or before January 31, 1992, and |
4 | | paying to the System by January 31, 1994 an amount to be |
5 | | determined by the Board, equal to (i) the difference between |
6 | | the amount of employee and employer contributions transferred |
7 | | to the System under Section 5-236, and the amounts that would |
8 | | have been contributed had such contributions been made at the |
9 | | rates applicable to State policemen, plus (ii) interest |
10 | | thereon at the effective rate for each year, compounded |
11 | | annually, from the date of service to the date of payment. |
12 | | Subject to the limitation in subsection (i), a State |
13 | | policeman, conservation police officer, or investigator for |
14 | | the Secretary of State may elect to establish eligible |
15 | | creditable service for up to 10 years of service as a sheriff's |
16 | | law enforcement employee under Article 7, by filing a written |
17 | | election with the Board on or before January 31, 1993, and |
18 | | paying to the System by January 31, 1994 an amount to be |
19 | | determined by the Board, equal to (i) the difference between |
20 | | the amount of employee and employer contributions transferred |
21 | | to the System under Section 7-139.7, and the amounts that |
22 | | would have been contributed had such contributions been made |
23 | | at the rates applicable to State policemen, plus (ii) interest |
24 | | thereon at the effective rate for each year, compounded |
25 | | annually, from the date of service to the date of payment. |
26 | | Subject to the limitation in subsection (i), a State |
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1 | | policeman, conservation police officer, or investigator for |
2 | | the Secretary of State may elect to establish eligible |
3 | | creditable service for up to 5 years of service as a police |
4 | | officer under Article 3, a policeman under Article 5, a |
5 | | sheriff's law enforcement employee under Article 7, a member |
6 | | of the county police department under Article 9, or a police |
7 | | officer under Article 15 by filing a written election with the |
8 | | Board and paying to the System an amount to be determined by |
9 | | the Board, equal to (i) the difference between the amount of |
10 | | employee and employer contributions transferred to the System |
11 | | under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
12 | | and the amounts that would have been contributed had such |
13 | | contributions been made at the rates applicable to State |
14 | | policemen, plus (ii) interest thereon at the effective rate |
15 | | for each year, compounded annually, from the date of service |
16 | | to the date of payment. |
17 | | Subject to the limitation in subsection (i), an |
18 | | investigator for the Office of the Attorney General, or an |
19 | | investigator for the Department of Revenue, may elect to |
20 | | establish eligible creditable service for up to 5 years of |
21 | | service as a police officer under Article 3, a policeman under |
22 | | Article 5, a sheriff's law enforcement employee under Article |
23 | | 7, or a member of the county police department under Article 9 |
24 | | by filing a written election with the Board within 6 months |
25 | | after August 25, 2009 (the effective date of Public Act |
26 | | 96-745) and paying to the System an amount to be determined by |
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1 | | the Board, equal to (i) the difference between the amount of |
2 | | employee and employer contributions transferred to the System |
3 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
4 | | amounts that would have been contributed had such |
5 | | contributions been made at the rates applicable to State |
6 | | policemen, plus (ii) interest thereon at the actuarially |
7 | | assumed rate for each year, compounded annually, from the date |
8 | | of service to the date of payment. |
9 | | Subject to the limitation in subsection (i), a State |
10 | | policeman, conservation police officer, investigator for the |
11 | | Office of the Attorney General, an investigator for the |
12 | | Department of Revenue, or investigator for the Secretary of |
13 | | State may elect to establish eligible creditable service for |
14 | | up to 5 years of service as a person employed by a |
15 | | participating municipality to perform police duties, or law |
16 | | enforcement officer employed on a full-time basis by a forest |
17 | | preserve district under Article 7, a county corrections |
18 | | officer, or a court services officer under Article 9, by |
19 | | filing a written election with the Board within 6 months after |
20 | | August 25, 2009 (the effective date of Public Act 96-745) and |
21 | | paying to the System an amount to be determined by the Board, |
22 | | equal to (i) the difference between the amount of employee and |
23 | | employer contributions transferred to the System under |
24 | | Sections 7-139.8 and 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 |
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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, arson investigator, or Commerce Commission police |
5 | | officer may elect to establish eligible creditable service for |
6 | | up to 5 years of service as a person employed by a |
7 | | participating municipality to perform police duties under |
8 | | Article 7, a county corrections officer, a court services |
9 | | officer under Article 9, or a firefighter under Article 4 by |
10 | | filing a written election with the Board within 6 months after |
11 | | July 30, 2021 (the effective date of Public Act 102-210) and |
12 | | paying to the System an amount to be determined by the Board |
13 | | equal to (i) the difference between the amount of employee and |
14 | | employer contributions transferred to the System under |
15 | | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that |
16 | | would have been contributed had such contributions been made |
17 | | at the rates applicable to State policemen, plus (ii) interest |
18 | | thereon at the actuarially assumed rate for each year, |
19 | | compounded annually, from the date of service to the date of |
20 | | payment. |
21 | | Subject to the limitation in subsection (i), a |
22 | | conservation police officer may elect to establish eligible |
23 | | creditable service for up to 5 years of service as a person |
24 | | employed by a participating municipality to perform police |
25 | | duties under Article 7, a county corrections officer, or a |
26 | | court services officer under Article 9 by filing a written |
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1 | | election with the Board within 6 months after July 30, 2021 |
2 | | (the effective date of Public Act 102-210) and paying to the |
3 | | System an amount to be determined by the Board equal to (i) the |
4 | | difference between the amount of employee and employer |
5 | | contributions transferred to the System under Sections 7-139.8 |
6 | | and 9-121.10 and the amounts that would have been contributed |
7 | | had such contributions been made at the rates applicable to |
8 | | State policemen, plus (ii) interest thereon at the actuarially |
9 | | assumed rate for each year, compounded annually, from the date |
10 | | of service to the date of payment. |
11 | | Notwithstanding the limitation in subsection (i), a State |
12 | | policeman or conservation police officer may elect to convert |
13 | | service credit earned under this Article to eligible |
14 | | creditable service, as defined by this Section, by filing a |
15 | | written election with the board within 6 months after July 30, |
16 | | 2021 (the effective date of Public Act 102-210) and paying to |
17 | | the System an amount to be determined by the Board equal to (i) |
18 | | the difference between the amount of employee contributions |
19 | | originally paid for that service and the amounts that would |
20 | | have been contributed had such contributions been made at the |
21 | | rates applicable to State policemen, plus (ii) the difference |
22 | | between the employer's normal cost of the credit prior to the |
23 | | conversion authorized by Public Act 102-210 and the employer's |
24 | | normal cost of the credit converted in accordance with Public |
25 | | Act 102-210, plus (iii) interest thereon at the actuarially |
26 | | assumed rate for each year, compounded annually, from the date |
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1 | | of service to the date of payment. |
2 | | (i) The total amount of eligible creditable service |
3 | | established by any person under subsections (g), (h), (j), |
4 | | (k), (l), (l-5), (o), and (p) of this Section shall not exceed |
5 | | 12 years. |
6 | | (j) Subject to the limitation in subsection (i), an |
7 | | investigator for the Office of the State's Attorneys Appellate |
8 | | Prosecutor or a controlled substance inspector may elect to |
9 | | establish eligible creditable service for up to 10 years of |
10 | | his service as a policeman under Article 3 or a sheriff's law |
11 | | enforcement employee under Article 7, by filing a written |
12 | | election with the Board, accompanied by payment of an amount |
13 | | to be determined by the Board, equal to (1) the difference |
14 | | between the amount of employee and employer contributions |
15 | | transferred to the System under Section 3-110.6 or 7-139.8, |
16 | | and the amounts that would have been contributed had such |
17 | | contributions been made at the rates applicable to State |
18 | | policemen, plus (2) interest thereon at the effective rate for |
19 | | each year, compounded annually, from the date of service to |
20 | | the date of payment. |
21 | | (k) Subject to the limitation in subsection (i) of this |
22 | | Section, an alternative formula employee may elect to |
23 | | establish eligible creditable service for periods spent as a |
24 | | full-time law enforcement officer or full-time corrections |
25 | | officer employed by the federal government or by a state or |
26 | | local government located outside of Illinois, for which credit |
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1 | | is not held in any other public employee pension fund or |
2 | | retirement system. To obtain this credit, the applicant must |
3 | | file a written application with the Board by March 31, 1998, |
4 | | accompanied by evidence of eligibility acceptable to the Board |
5 | | and payment of an amount to be determined by the Board, equal |
6 | | to (1) employee contributions for the credit being |
7 | | established, based upon the applicant's salary on the first |
8 | | day as an alternative formula employee after the employment |
9 | | for which credit is being established and the rates then |
10 | | applicable to alternative formula employees, plus (2) an |
11 | | amount determined by the Board to be the employer's normal |
12 | | cost of the benefits accrued for the credit being established, |
13 | | plus (3) regular interest on the amounts in items (1) and (2) |
14 | | from the first day as an alternative formula employee after |
15 | | the employment for which credit is being established to the |
16 | | date of payment. |
17 | | (l) Subject to the limitation in subsection (i), a |
18 | | security employee of the Department of Corrections may elect, |
19 | | not later than July 1, 1998, to establish eligible creditable |
20 | | service for up to 10 years of his or her service as a policeman |
21 | | under Article 3, by filing a written election with the Board, |
22 | | accompanied by payment of an amount to be determined by the |
23 | | Board, equal to (i) the difference between the amount of |
24 | | employee and employer contributions transferred to the System |
25 | | under Section 3-110.5, and the amounts that would have been |
26 | | contributed had such contributions been made at the rates |
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1 | | applicable to security employees of the Department of |
2 | | Corrections, plus (ii) interest thereon at the effective rate |
3 | | for each year, compounded annually, from the date of service |
4 | | to the date of payment. |
5 | | (l-5) Subject to the limitation in subsection (i) of this |
6 | | Section, a State policeman may elect to establish eligible |
7 | | creditable service for up to 5 years of service as a full-time |
8 | | law enforcement officer employed by the federal government or |
9 | | by a state or local government located outside of Illinois for |
10 | | which credit is not held in any other public employee pension |
11 | | fund or retirement system. To obtain this credit, the |
12 | | applicant must file a written application with the Board no |
13 | | later than 3 years after January 1, 2020 (the effective date of |
14 | | Public Act 101-610), accompanied by evidence of eligibility |
15 | | acceptable to the Board and payment of an amount to be |
16 | | determined by the Board, equal to (1) employee contributions |
17 | | for the credit being established, based upon the applicant's |
18 | | salary on the first day as an alternative formula employee |
19 | | after the employment for which credit is being established and |
20 | | the rates then applicable to alternative formula employees, |
21 | | plus (2) an amount determined by the Board to be the employer's |
22 | | normal cost of the benefits accrued for the credit being |
23 | | established, plus (3) regular interest on the amounts in items |
24 | | (1) and (2) from the first day as an alternative formula |
25 | | employee after the employment for which credit is being |
26 | | established to the date of payment. |
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1 | | (m) The amendatory changes to this Section made by Public |
2 | | Act 94-696 apply only to: (1) security employees of the |
3 | | Department of Juvenile Justice employed by the Department of |
4 | | Corrections before June 1, 2006 (the effective date of Public |
5 | | Act 94-696) and transferred to the Department of Juvenile |
6 | | Justice by Public Act 94-696; and (2) persons employed by the |
7 | | Department of Juvenile Justice on or after June 1, 2006 (the |
8 | | effective date of Public Act 94-696) who are required by |
9 | | subsection (b) of Section 3-2.5-15 of the Unified Code of |
10 | | Corrections to have any bachelor's or advanced degree from an |
11 | | accredited college or university or, in the case of persons |
12 | | who provide vocational training, who are required to have |
13 | | adequate knowledge in the skill for which they are providing |
14 | | the vocational training. |
15 | | (n) A person employed in a position under subsection (b) |
16 | | of this Section who has purchased service credit under |
17 | | subsection (j) of Section 14-104 or subsection (b) of Section |
18 | | 14-105 in any other capacity under this Article may convert up |
19 | | to 5 years of that service credit into service credit covered |
20 | | under this Section by paying to the Fund an amount equal to (1) |
21 | | the additional employee contribution required under Section |
22 | | 14-133, plus (2) the additional employer contribution required |
23 | | under Section 14-131, plus (3) interest on items (1) and (2) at |
24 | | the actuarially assumed rate from the date of the service to |
25 | | the date of payment. |
26 | | (o) Subject to the limitation in subsection (i), a |
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1 | | conservation police officer, investigator for the Secretary of |
2 | | State, Commerce Commission police officer, investigator for |
3 | | the Department of Revenue or the Illinois Gaming Board, or |
4 | | arson investigator subject to subsection (g) of Section 1-160 |
5 | | may elect to convert up to 8 years of service credit |
6 | | established before January 1, 2020 (the effective date of |
7 | | Public Act 101-610) as a conservation police officer, |
8 | | investigator for the Secretary of State, Commerce Commission |
9 | | police officer, investigator for the Department of Revenue or |
10 | | the Illinois Gaming Board, or arson investigator under this |
11 | | Article into eligible creditable service by filing a written |
12 | | election with the Board no later than one year after January 1, |
13 | | 2020 (the effective date of Public Act 101-610), accompanied |
14 | | by payment of an amount to be determined by the Board equal to |
15 | | (i) the difference between the amount of the employee |
16 | | contributions actually paid for that service and the amount of |
17 | | the employee contributions that would have been paid had the |
18 | | employee contributions been made as a noncovered employee |
19 | | serving in a position in which eligible creditable service, as |
20 | | defined in this Section, may be earned, plus (ii) interest |
21 | | thereon at the effective rate for each year, compounded |
22 | | annually, from the date of service to the date of payment. |
23 | | (p) Subject to the limitation in subsection (i), an |
24 | | investigator for the Office of the Attorney General subject to |
25 | | subsection (g) of Section 1-160 may elect to convert up to 8 |
26 | | years of service credit established before the effective date |
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1 | | of this amendatory Act of the 102nd General Assembly as an |
2 | | investigator for the Office of the Attorney General under this |
3 | | Article into eligible creditable service by filing a written |
4 | | election with the Board no later than one year after the |
5 | | effective date of this amendatory Act of the 102nd General |
6 | | Assembly, accompanied by payment of an amount to be determined |
7 | | by the Board equal to (i) the difference between the amount of |
8 | | the employee contributions actually paid for that service and |
9 | | the amount of the employee contributions that would have been |
10 | | paid had the employee contributions been made as a noncovered |
11 | | employee serving in a position in which eligible creditable |
12 | | service, as defined in this Section, may be earned, plus (ii) |
13 | | interest thereon at the effective rate for each year, |
14 | | compounded annually, from the date of service to the date of |
15 | | payment. |
16 | | (q) A person who is employed on a full-time basis by the |
17 | | Illinois Department of Transportation in the position of sign |
18 | | hanger or sign hanger foreman may elect to convert service |
19 | | credit earned under this Article to eligible creditable |
20 | | service by filing a written election with the Board and paying |
21 | | to the System an amount to be determined by the Board equal to |
22 | | (i) the difference between the amount of employee |
23 | | contributions originally paid for that service and the amounts |
24 | | that would have been contributed had such contributions been |
25 | | made at the rates applicable to State highway maintenance |
26 | | workers, plus (ii) the difference between the employer's |
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1 | | normal cost of the credit prior to the conversion authorized |
2 | | by this amendatory Act of the 103rd General Assembly and the |
3 | | employer's normal cost of the credit converted in accordance |
4 | | with this amendatory Act of the 103rd General Assembly, plus |
5 | | (iii) interest thereon at the actuarially assumed rate for |
6 | | each year, compounded annually, from the date of service to |
7 | | the date of payment. |
8 | | (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21; |
9 | | 102-956, eff. 5-27-22 ; 103-34, eff. 1-1-24 .) |
10 | | (40 ILCS 5/14-152.1) |
11 | | Sec. 14-152.1. Application and expiration of new benefit |
12 | | increases. |
13 | | (a) As used in this Section, "new benefit increase" means |
14 | | an increase in the amount of any benefit provided under this |
15 | | Article, or an expansion of the conditions of eligibility for |
16 | | any benefit under this Article, that results from an amendment |
17 | | to this Code that takes effect after June 1, 2005 (the |
18 | | effective date of Public Act 94-4). "New benefit increase", |
19 | | however, does not include any benefit increase resulting from |
20 | | the changes made to Article 1 or this Article by Public Act |
21 | | 96-37, Public Act 100-23, Public Act 100-587, Public Act |
22 | | 100-611, Public Act 101-10, Public Act 101-610, Public Act |
23 | | 102-210, Public Act 102-856, Public Act 102-956, or this |
24 | | amendatory Act of the 103rd General Assembly this amendatory |
25 | | Act of the 102nd General Assembly . |
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1 | | (b) Notwithstanding any other provision of this Code or |
2 | | any subsequent amendment to this Code, every new benefit |
3 | | increase is subject to this Section and shall be deemed to be |
4 | | granted only in conformance with and contingent upon |
5 | | compliance with the provisions of this Section. |
6 | | (c) The Public Act enacting a new benefit increase must |
7 | | identify and provide for payment to the System of additional |
8 | | funding at least sufficient to fund the resulting annual |
9 | | increase in cost to the System as it accrues. |
10 | | Every new benefit increase is contingent upon the General |
11 | | Assembly providing the additional funding required under this |
12 | | subsection. The Commission on Government Forecasting and |
13 | | Accountability shall analyze whether adequate additional |
14 | | funding has been provided for the new benefit increase and |
15 | | shall report its analysis to the Public Pension Division of |
16 | | the Department of Insurance. A new benefit increase created by |
17 | | a Public Act that does not include the additional funding |
18 | | required under this subsection is null and void. If the Public |
19 | | Pension Division determines that the additional funding |
20 | | provided for a new benefit increase under this subsection is |
21 | | or has become inadequate, it may so certify to the Governor and |
22 | | the State Comptroller and, in the absence of corrective action |
23 | | by the General Assembly, the new benefit increase shall expire |
24 | | at the end of the fiscal year in which the certification is |
25 | | made. |
26 | | (d) Every new benefit increase shall expire 5 years after |
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1 | | its effective date or on such earlier date as may be specified |
2 | | in the language enacting the new benefit increase or provided |
3 | | under subsection (c). This does not prevent the General |
4 | | Assembly from extending or re-creating a new benefit increase |
5 | | by law. |
6 | | (e) Except as otherwise provided in the language creating |
7 | | the new benefit increase, a new benefit increase that expires |
8 | | under this Section continues to apply to persons who applied |
9 | | and qualified for the affected benefit while the new benefit |
10 | | increase was in effect and to the affected beneficiaries and |
11 | | alternate payees of such persons, but does not apply to any |
12 | | other person, including, without limitation, a person who |
13 | | continues in service after the expiration date and did not |
14 | | apply and qualify for the affected benefit while the new |
15 | | benefit increase was in effect. |
16 | | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; |
17 | | 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff. |
18 | | 1-1-23; 102-956, eff. 5-27-22 .) |
19 | | Section 99. Effective date. This Act takes effect upon |
20 | | becoming law. |