093_HB0373eng

 
HB0373 Engrossed                     LRB093 06588 EFG 06718 b

 1        AN ACT in relation to public employee benefits.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing Section 14-110 as follows:

 6        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
 7        Sec. 14-110.  Alternative retirement annuity.
 8        (a)  Any  member  who has withdrawn from service with not
 9    less than 20 years of eligible  creditable  service  and  has
10    attained  age  55,  and  any  member  who  has withdrawn from
11    service with not less than 25 years  of  eligible  creditable
12    service  and  has  attained age 50, regardless of whether the
13    attainment of either of the specified ages occurs  while  the
14    member  is  still in service, shall be entitled to receive at
15    the option of the member, in lieu of the regular  or  minimum
16    retirement   annuity,   a  retirement   annuity  computed  as
17    follows:
18             (i)  for  periods  of  service   as   a   noncovered
19        employee:  if  retirement  occurs  on or after January 1,
20        2001, 3% of final average compensation for each  year  of
21        creditable  service;  if retirement occurs before January
22        1, 2001, 2 1/4% of final average compensation for each of
23        the first 10 years of creditable service, 2 1/2% for each
24        year  above  10  years  to  and  including  20  years  of
25        creditable  service,  and  2  3/4%  for  each   year   of
26        creditable service above 20 years; and
27             (ii)  for  periods of eligible creditable service as
28        a covered employee: if  retirement  occurs  on  or  after
29        January  1,  2001, 2.5% of final average compensation for
30        each year of creditable  service;  if  retirement  occurs
31        before   January   1,   2001,   1.67%  of  final  average
 
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 1        compensation for each of  the  first  10  years  of  such
 2        service,  1.90%  for  each  of  the next 10 years of such
 3        service, 2.10% for each year of such service in excess of
 4        20 but not exceeding 30,  and  2.30%  for  each  year  in
 5        excess of 30.
 6        Such  annuity  shall  be  subject  to a maximum of 75% of
 7    final  average  compensation  if  retirement  occurs   before
 8    January  1,  2001  or  to  a  maximum of 80% of final average
 9    compensation if retirement occurs  on  or  after  January  1,
10    2001.
11        These  rates  shall  not  be  applicable  to  any service
12    performed by a member as a  covered  employee  which  is  not
13    eligible  creditable  service.  Service as a covered employee
14    which is not eligible creditable service shall be subject  to
15    the rates and provisions of Section 14-108.
16        (b)  For   the   purpose   of   this  Section,  "eligible
17    creditable service" means creditable service  resulting  from
18    service in one or more of the following positions:
19             (1)  State policeman;
20             (2)  fire  fighter in the fire protection service of
21        a department;
22             (3)  air pilot;
23             (4)  special agent;
24             (5)  investigator for the Secretary of State;
25             (6)  conservation police officer;
26             (7)  investigator for the Department of Revenue;
27             (8)  security employee of the  Department  of  Human
28        Services;
29             (9)  Central  Management  Services  security  police
30        officer;
31             (10)  security   employee   of   the  Department  of
32        Corrections;
33             (11)  dangerous drugs investigator;
34             (12)  investigator  for  the  Department  of   State
 
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 1        Police;
 2             (13)  investigator  for  the  Office of the Attorney
 3        General;
 4             (14)  controlled substance inspector;
 5             (15)  investigator for the  Office  of  the  State's
 6        Attorneys Appellate Prosecutor;
 7             (16)  Commerce Commission police officer;
 8             (17)  arson investigator;
 9             (18)  State highway maintenance worker.
10        A  person  employed  in one of the positions specified in
11    this subsection is entitled to  eligible  creditable  service
12    for service credit earned under this Article while undergoing
13    the basic police training course approved by the Illinois Law
14    Enforcement  Training  Standards Board, if completion of that
15    training is required of persons serving in that position. For
16    the purposes of this Code, service during the required  basic
17    police  training  course  shall  be deemed performance of the
18    duties of the specified position, even though the  person  is
19    not a sworn peace officer at the time of the training.
20        (c)  For the purposes of this Section:
21             (1)  The  term  "state policeman" includes any title
22        or position in the Department of  State  Police  that  is
23        held  by  an  individual  employed under the State Police
24        Act.
25             (2)  The term "fire fighter in the  fire  protection
26        service  of  a  department" includes all officers in such
27        fire  protection  service  including  fire   chiefs   and
28        assistant fire chiefs.
29             (3)  The  term  "air  pilot"  includes  any employee
30        whose official job description on file in the  Department
31        of  Central  Management Services, or in the department by
32        which he is employed if that department is not covered by
33        the Personnel Code, states that his principal duty is the
34        operation  of  aircraft,  and  who  possesses  a  pilot's
 
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 1        license; however, the change in this definition  made  by
 2        this  amendatory Act of 1983 shall not operate to exclude
 3        any noncovered employee who was an "air  pilot"  for  the
 4        purposes of this Section on January 1, 1984.
 5             (4)  The  term  "special agent" means any person who
 6        by reason of  employment  by  the  Division  of  Narcotic
 7        Control,  the  Bureau  of Investigation or, after July 1,
 8        1977,  the  Division  of  Criminal   Investigation,   the
 9        Division  of  Internal  Investigation,  the  Division  of
10        Operations,  or  any  other  Division  or  organizational
11        entity in the Department of State Police is vested by law
12        with   duties   to  maintain  public  order,  investigate
13        violations of the criminal law of this State, enforce the
14        laws of this State, make arrests  and  recover  property.
15        The  term  "special agent" includes any title or position
16        in the Department of State Police  that  is  held  by  an
17        individual employed under the State Police Act.
18             (5)  The  term  "investigator  for  the Secretary of
19        State" means any person employed by  the  Office  of  the
20        Secretary  of  State  and  vested with such investigative
21        duties as render him ineligible for  coverage  under  the
22        Social  Security  Act by reason of Sections 218(d)(5)(A),
23        218(d)(8)(D) and 218(l)(1) of that Act.
24             A person who became employed as an investigator  for
25        the  Secretary  of  State  between  January  1,  1967 and
26        December 31, 1975, and  who  has  served  as  such  until
27        attainment  of  age  60,  either  continuously  or with a
28        single  break  in  service  of  not  more  than  3  years
29        duration, which break terminated before January 1,  1976,
30        shall   be   entitled  to  have  his  retirement  annuity
31        calculated    in   accordance   with   subsection    (a),
32        notwithstanding  that he has less than 20 years of credit
33        for such service.
34             (6)  The term "Conservation  Police  Officer"  means
 
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 1        any person employed by the Division of Law Enforcement of
 2        the  Department of Natural Resources and vested with such
 3        law enforcement  duties  as  render  him  ineligible  for
 4        coverage  under  the  Social  Security  Act  by reason of
 5        Sections 218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1)  of
 6        that   Act.    The  term  "Conservation  Police  Officer"
 7        includes  the  positions  of  Chief  Conservation  Police
 8        Administrator   and   Assistant    Conservation    Police
 9        Administrator.
10             (7)  The  term  "investigator  for the Department of
11        Revenue" means any person employed by the  Department  of
12        Revenue  and  vested  with  such  investigative duties as
13        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.
16             (8)  The term "security employee of  the  Department
17        of  Human  Services"  means  any  person  employed by the
18        Department of Human Services who (i) is employed  at  the
19        Chester  Mental  Health Center and has daily contact with
20        the residents thereof, (ii) is employed within a security
21        unit at a facility operated by  the  Department  and  has
22        daily  contact  with  the residents of the security unit,
23        (iii)  is  employed  at  a  facility  operated   by   the
24        Department that includes a security unit and is regularly
25        scheduled  to  work  at  least  50% of his or her working
26        hours within that security unit,  or  (iv)  is  a  mental
27        health  police  officer.  "Mental  health police officer"
28        means any person employed  by  the  Department  of  Human
29        Services  in  a  position  pertaining to the Department's
30        mental health and  developmental  disabilities  functions
31        who  is vested with such law enforcement duties as render
32        the person  ineligible  for  coverage  under  the  Social
33        Security   Act   by   reason  of  Sections  218(d)(5)(A),
34        218(d)(8)(D) and 218(l)(1) of that Act.  "Security  unit"
 
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 1        means  that  portion of a facility that is devoted to the
 2        care, containment, and treatment of persons committed  to
 3        the  Department  of  Human  Services  as sexually violent
 4        persons, persons unfit to stand  trial,  or  persons  not
 5        guilty  by  reason  of  insanity.   With  respect to past
 6        employment,  references  to  the  Department   of   Human
 7        Services  include  its  predecessor,  the  Department  of
 8        Mental Health and Developmental Disabilities.
 9             The  changes  made  to  this  subdivision  (c)(8) by
10        Public Act 92-14 apply to persons who retire on or  after
11        January 1, 2001, notwithstanding Section 1-103.1.
12             (9)  "Central  Management  Services  security police
13        officer" means any person employed by the  Department  of
14        Central  Management  Services who is 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.
18             (10)  The term "security employee of the  Department
19        of  Corrections"  means any employee of the Department of
20        Corrections or the former Department  of  Personnel,  and
21        any  member or employee of the Prisoner Review Board, who
22        has daily  contact  with  inmates  by  working  within  a
23        correctional  facility  or  who is a parole officer or an
24        employee who has direct contact with committed persons in
25        the performance of his or her job duties.
26             (11)  The term "dangerous drugs investigator"  means
27        any  person  who is employed as such by the Department of
28        Human Services.
29             (12)  The term "investigator for the  Department  of
30        State  Police"  means a person employed by the Department
31        of State Police who is vested  under  Section  4  of  the
32        Narcotic  Control  Division  Abolition  Act with such law
33        enforcement powers as render him ineligible for  coverage
34        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.
 2             (13)  "Investigator for the Office of  the  Attorney
 3        General"  means any person who is employed as such by the
 4        Office of the Attorney General and is  vested  with  such
 5        investigative   duties   as  render  him  ineligible  for
 6        coverage under the  Social  Security  Act  by  reason  of
 7        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
 8        Act.   For  the  period  before January 1, 1989, the term
 9        includes all persons who were employed  as  investigators
10        by  the Office of the Attorney General, without regard to
11        social security status.
12             (14)  "Controlled  substance  inspector"  means  any
13        person who is employed  as  such  by  the  Department  of
14        Professional  Regulation  and  is  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.
18        The  term  "controlled  substance inspector" includes the
19        Program  Executive  of  Enforcement  and  the   Assistant
20        Program Executive of Enforcement.
21             (15)  The  term  "investigator for the Office of the
22        State's Attorneys Appellate Prosecutor"  means  a  person
23        employed  in that capacity on a full time basis under the
24        authority  of  Section  7.06  of  the  State's  Attorneys
25        Appellate Prosecutor's Act.
26             (16)  "Commerce Commission police officer" means any
27        person employed by the Illinois Commerce  Commission  who
28        is  vested with such law enforcement duties as render him
29        ineligible for coverage under the Social Security Act  by
30        reason   of   Sections  218(d)(5)(A),  218(d)(8)(D),  and
31        218(l)(1) of that Act.
32             (17)  "Arson investigator" means any person  who  is
33        employed  as such by the Office of the State Fire Marshal
34        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
 4        was employed as an arson investigator on January 1,  1995
 5        and  is  no  longer  in  service  but not yet receiving a
 6        retirement annuity may  convert  his  or  her  creditable
 7        service  for  employment  as  an  arson investigator into
 8        eligible creditable service by paying to the  System  the
 9        difference  between  the  employee contributions actually
10        paid for that service and the  amounts  that  would  have
11        been  contributed  if  the applicant were contributing at
12        the rate applicable  to  persons  with  the  same  social
13        security  status  earning  eligible creditable service on
14        the date of application.
15             (18)  The term "State  highway  maintenance  worker"
16        means a person who is either of the following:
17                  (i)  A  person employed on a full-time basis by
18             the Illinois Department  of  Transportation  in  the
19             position  of highway maintainer, highway maintenance
20             lead worker, highway maintenance  lead/lead  worker,
21             highway  construction  supervisor  (grade  1  or 2,)
22             heavy construction equipment operator, power  shovel
23             operator,   sign   hanger,   sign   hanger  foreman,
24             silkscreen operator (but only when employed in  IDOT
25             District  9  and only if so employed in the District
26             on the effective date of this amendatory Act of  the
27             93rd  General  Assembly),  or  bridge  mechanic; and
28             whose principal responsibility is to perform, on the
29             roadway, the actual maintenance  necessary  to  keep
30             the  highways  that form a part of the State highway
31             system  in  serviceable  condition   for   vehicular
32             traffic.
33                  (ii)  A person employed on a full-time basis by
34             the  Illinois  State  Toll  Highway Authority in the
 
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 1             position   of   equipment   operator/laborer    H-4,
 2             equipment    operator/laborer    H-6,  welder   H-4,
 3             welder      H-6,     mechanical/electrical      H-4,
 4             mechanical/electrical    H-6,    water/sewer    H-4,
 5             water/sewer   H-6,   sign   maker/hanger  H-4,  sign
 6             maker/hanger  H-6,  roadway  lighting  H-4,  roadway
 7             lighting  H-6,  structural  H-4,   structural   H-6,
 8             painter  H-4,  or  painter  H-6; and whose principal
 9             responsibility is to perform, on  the  roadway,  the
10             actual maintenance necessary to keep the Authority's
11             tollways  in  serviceable  condition  for  vehicular
12             traffic.
13        (d)  A   security   employee   of   the   Department   of
14    Corrections,  and  a  security  employee of the Department of
15    Human Services who is not a  mental  health  police  officer,
16    shall  not be eligible for the alternative retirement annuity
17    provided by this Section unless he or she meets the following
18    minimum  age  and  service  requirements  at  the   time   of
19    retirement:
20             (i)  25 years of eligible creditable service and age
21        55; or
22             (ii)  beginning   January   1,  1987,  25  years  of
23        eligible creditable service and age 54, or  24  years  of
24        eligible creditable service and age 55; or
25             (iii)  beginning   January  1,  1988,  25  years  of
26        eligible creditable service and age 53, or  23  years  of
27        eligible creditable service and age 55; or
28             (iv)  beginning   January   1,  1989,  25  years  of
29        eligible creditable service and age 52, or  22  years  of
30        eligible creditable service and age 55; or
31             (v)  beginning January 1, 1990, 25 years of eligible
32        creditable  service  and  age 51, or 21 years of eligible
33        creditable service and age 55; or
34             (vi)  beginning  January  1,  1991,  25   years   of
 
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 1        eligible  creditable  service  and age 50, or 20 years of
 2        eligible creditable service and age 55.
 3        Persons who have service credit under Article 16 of  this
 4    Code  for service as a security employee of the Department of
 5    Corrections or the Department of Human Services in a position
 6    requiring certification as a teacher may count  such  service
 7    toward  establishing  their  eligibility  under  the  service
 8    requirements  of  this  Section; but such service may be used
 9    only for establishing  such  eligibility,  and  not  for  the
10    purpose of increasing or calculating any benefit.
11        (e)  If a member enters military service while working in
12    a  position  in  which  eligible  creditable  service  may be
13    earned, and returns to State service in the same  or  another
14    such  position,  and  fulfills  in  all  other  respects  the
15    conditions prescribed in this Article for credit for military
16    service,  such military service shall be credited as eligible
17    creditable service for the purposes of the retirement annuity
18    prescribed in this Section.
19        (f)  For purposes  of  calculating  retirement  annuities
20    under   this  Section,  periods  of  service  rendered  after
21    December 31, 1968 and before October 1,  1975  as  a  covered
22    employee  in  the  position  of  special  agent, conservation
23    police officer, mental health police officer, or investigator
24    for the Secretary of State, shall  be  deemed  to  have  been
25    service  as a noncovered employee, provided that the employee
26    pays to the System prior to retirement an amount equal to (1)
27    the difference between the employee contributions that  would
28    have been required for such service as a noncovered employee,
29    and  the amount of employee contributions actually paid, plus
30    (2) if payment is made after July 31, 1987, regular  interest
31    on  the amount specified in item (1) from the date of service
32    to the date of payment.
33        For purposes of calculating  retirement  annuities  under
34    this  Section, periods of service rendered after December 31,
 
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 1    1968 and before January 1, 1982 as a covered employee in  the
 2    position  of investigator for the Department of Revenue shall
 3    be deemed to have been  service  as  a  noncovered  employee,
 4    provided  that  the  employee  pays  to  the  System prior to
 5    retirement an amount equal to (1) the difference between  the
 6    employee contributions that would have been required for such
 7    service  as a noncovered employee, and the amount of employee
 8    contributions actually paid, plus  (2)  if  payment  is  made
 9    after  January  1,  1990,  regular  interest  on  the  amount
10    specified in item (1) from the date of service to the date of
11    payment.
12        (g)  A  State policeman may elect, not later than January
13    1, 1990, to establish eligible creditable service for  up  to
14    10  years  of  his service as a policeman under Article 3, by
15    filing a written election  with  the  Board,  accompanied  by
16    payment  of an amount to be determined by the Board, equal to
17    (i)  the  difference  between  the  amount  of  employee  and
18    employer  contributions  transferred  to  the  System   under
19    Section  3-110.5,  and  the  amounts  that  would  have  been
20    contributed  had  such  contributions  been made at the rates
21    applicable to State policemen, plus (ii) interest thereon  at
22    the  effective  rate for each year, compounded annually, from
23    the date of service to the date of payment.
24        Subject to the limitation  in  subsection  (i),  a  State
25    policeman  may  elect,  not  later  than  July  1,  1993,  to
26    establish  eligible  creditable service for up to 10 years of
27    his service as a member of the County Police Department under
28    Article 9, by filing  a  written  election  with  the  Board,
29    accompanied  by  payment of an amount to be determined by the
30    Board, equal to (i) the  difference  between  the  amount  of
31    employee and employer contributions transferred to the System
32    under  Section  9-121.10 and the amounts that would have been
33    contributed had those contributions been made  at  the  rates
34    applicable  to State policemen, plus (ii) interest thereon at
 
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 1    the effective rate for each year, compounded  annually,  from
 2    the date of service 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
 5    elect to establish eligible creditable service for up  to  12
 6    years  of  his  service  as  a  policeman under Article 5, by
 7    filing a written election with the Board on or before January
 8    31, 1992, and paying to the System by  January  31,  1994  an
 9    amount  to  be  determined  by  the  Board,  equal to (i) the
10    difference  between  the  amount  of  employee  and  employer
11    contributions transferred to the System under Section  5-236,
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), a State
18    policeman, conservation police officer, or  investigator  for
19    the  Secretary  of  State  may  elect  to  establish eligible
20    creditable service for  up  to  10  years  of  service  as  a
21    sheriff's law enforcement employee under Article 7, by filing
22    a  written  election  with the Board on or before January 31,
23    1993, and paying to the System by January 31, 1994 an  amount
24    to  be  determined  by the Board, equal to (i) the difference
25    between the amount of  employee  and  employer  contributions
26    transferred  to  the  System  under  Section 7-139.7, and the
27    amounts  that  would   have   been   contributed   had   such
28    contributions  been  made  at  the  rates applicable to State
29    policemen, plus (ii) interest thereon at the  effective  rate
30    for  each year, compounded annually, from the date of service
31    to the date of payment.
32        (i)  The total  amount  of  eligible  creditable  service
33    established  by  any  person under subsections (g), (h), (j),
34    (k), and (l) of this Section shall not exceed 12 years.
 
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 1        (j)  Subject to the  limitation  in  subsection  (i),  an
 2    investigator   for   the  Office  of  the  State's  Attorneys
 3    Appellate Prosecutor or a controlled substance inspector  may
 4    elect  to  establish eligible creditable service for up to 10
 5    years of his service as a policeman  under  Article  3  or  a
 6    sheriff's law enforcement employee under Article 7, by filing
 7    a  written election with the Board, accompanied by payment of
 8    an amount to be determined by the Board,  equal  to  (1)  the
 9    difference  between  the  amount  of  employee  and  employer
10    contributions transferred to the System under Section 3-110.6
11    or  7-139.8, and the amounts that would have been contributed
12    had such contributions been made at the rates  applicable  to
13    State  policemen,  plus (2) interest thereon at the effective
14    rate for each year, compounded annually,  from  the  date  of
15    service to the date of payment.
16        (k)  Subject  to the limitation in subsection (i) of this
17    Section,  an  alternative  formula  employee  may  elect   to
18    establish  eligible creditable service for periods spent as a
19    full-time law enforcement officer  or  full-time  corrections
20    officer  employed  by the federal government or by a state or
21    local government  located  outside  of  Illinois,  for  which
22    credit  is not held in any other public employee pension fund
23    or retirement system.  To obtain this credit,  the  applicant
24    must  file  a written application with the Board by March 31,
25    1998, accompanied by evidence of  eligibility  acceptable  to
26    the  Board  and  payment of an amount to be determined by the
27    Board, equal to (1) employee  contributions  for  the  credit
28    being  established,  based upon the applicant's salary on the
29    first day  as  an  alternative  formula  employee  after  the
30    employment  for  which  credit  is  being established and the
31    rates then applicable to alternative formula employees,  plus
32    (2)  an  amount  determined by the Board to be the employer's
33    normal cost of the benefits  accrued  for  the  credit  being
34    established,  plus  (3)  regular  interest  on the amounts in
 
HB0373 Engrossed            -14-     LRB093 06588 EFG 06718 b
 1    items (1) and (2)  from  the  first  day  as  an  alternative
 2    formula  employee  after  the  employment for which credit is
 3    being established to the date of payment.
 4        (l)  Subject to  the  limitation  in  subsection  (i),  a
 5    security employee of the Department of Corrections may elect,
 6    not later than July 1, 1998, to establish eligible creditable
 7    service  for  up  to  10  years  of  his  or her service as a
 8    policeman under Article 3, by filing a written election  with
 9    the  Board,  accompanied  by  payment  of  an  amount  to  be
10    determined  by the Board, equal to (i) the difference between
11    the amount of employee and employer contributions transferred
12    to the System under Section 3-110.5,  and  the  amounts  that
13    would  have been contributed had such contributions been made
14    at  the  rates  applicable  to  security  employees  of   the
15    Department  of Corrections, plus (ii) interest thereon at the
16    effective rate for each year, compounded annually,  from  the
17    date of service to the date of payment.
18    (Source: P.A.  91-357,  eff.  7-29-99;  91-760,  eff. 1-1-01;
19    92-14,  eff.  6-28-01;  92-257,  eff.  8-6-01;  92-651,  eff.
20    7-11-02.)

21        Section 99. Effective date.  This Act takes  effect  upon
22    becoming law.