093_HB1554

 
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 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 8        (a)  Any  member  who has withdrawn from service with not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10    attained  age  55,  and  any  member  who  has withdrawn from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14    member  is still in service, and any member who has withdrawn
15    from service having established service sufficient to provide
16    an annuity under this Section equal to at least 80% of  final
17    average compensation, regardless of age, shall be entitled to
18    receive  at  the option of the member, in lieu of the regular
19    or minimum retirement annuity, a retirement annuity  computed
20    as follows:
21             (i)  for   periods   of   service  as  a  noncovered
22        employee: if retirement occurs on  or  after  January  1,
23        2001,  3%  of final average compensation for each year of
24        creditable service; if retirement occurs  before  January
25        1, 2001, 2 1/4% of final average compensation for each of
26        the first 10 years of creditable service, 2 1/2% for each
27        year  above  10  years  to  and  including  20  years  of
28        creditable   service,   and  2  3/4%  for  each  year  of
29        creditable service above 20 years; and
30             (ii)  for periods of eligible creditable service  as
31        a  covered  employee:  if  retirement  occurs on or after
 
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 1        January 1, 2001, 2.5% of final average  compensation  for
 2        each  year  of  creditable  service; if retirement occurs
 3        before  January  1,  2001,   1.67%   of   final   average
 4        compensation  for  each  of  the  first  10 years of such
 5        service, 1.90% for each of the  next  10  years  of  such
 6        service, 2.10% for each year of such service in excess of
 7        20  but  not  exceeding  30,  and  2.30% for each year in
 8        excess of 30.
 9        Such annuity shall be subject to  a  maximum  of  75%  of
10    final   average  compensation  if  retirement  occurs  before
11    January 1, 2001 or to a  maximum  of  80%  of  final  average
12    compensation  if  retirement  occurs  on  or after January 1,
13    2001.
14        These rates  shall  not  be  applicable  to  any  service
15    performed  by  a  member  as  a covered employee which is not
16    eligible creditable service.  Service as a  covered  employee
17    which  is not eligible creditable service shall be subject to
18    the rates and provisions of Section 14-108.
19        (b)  For  the  purpose   of   this   Section,   "eligible
20    creditable  service"  means creditable service resulting from
21    service in one or more of the following positions:
22             (1)  State policeman;
23             (2)  fire fighter in the fire protection service  of
24        a department;
25             (3)  air pilot;
26             (4)  special agent;
27             (5)  investigator for the Secretary of State;
28             (6)  conservation police officer;
29             (7)  investigator for the Department of Revenue;
30             (8)  security  employee  of  the Department of Human
31        Services;
32             (9)  Central  Management  Services  security  police
33        officer;
34             (10)  security  employee  of   the   Department   of
 
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 1        Corrections;
 2             (11)  dangerous drugs investigator;
 3             (12)  investigator   for  the  Department  of  State
 4        Police;
 5             (13)  investigator for the Office  of  the  Attorney
 6        General;
 7             (14)  controlled substance inspector;
 8             (15)  investigator  for  the  Office  of the State's
 9        Attorneys Appellate Prosecutor;
10             (16)  Commerce Commission police officer;
11             (17)  arson investigator;
12             (18)  State highway maintenance worker.
13        A person employed in one of the  positions  specified  in
14    this  subsection  is  entitled to eligible creditable service
15    for service credit earned under this Article while undergoing
16    the basic police training course approved by the Illinois Law
17    Enforcement Training Standards Board, if completion  of  that
18    training is required of persons serving in that position. For
19    the  purposes of this Code, service during the required basic
20    police training course shall be  deemed  performance  of  the
21    duties  of  the specified position, even though the person is
22    not a sworn peace officer at the time of the training.
23        (c)  For the purposes of this Section:
24             (1)  The term "state policeman" includes  any  title
25        or  position  in  the  Department of State Police that is
26        held by an individual employed  under  the  State  Police
27        Act.
28             (2)  The  term  "fire fighter in the fire protection
29        service of a department" includes all  officers  in  such
30        fire   protection   service  including  fire  chiefs  and
31        assistant fire chiefs.
32             (3)  The term  "air  pilot"  includes  any  employee
33        whose  official job description on file in the Department
34        of Central Management Services, or in the  department  by
 
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 1        which he is employed if that department is not covered by
 2        the 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        this amendatory Act of 1983 shall not operate to  exclude
 6        any  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
 9        by  reason  of  employment  by  the  Division of Narcotic
10        Control, the Bureau of Investigation or,  after  July  1,
11        1977,   the   Division  of  Criminal  Investigation,  the
12        Division  of  Internal  Investigation,  the  Division  of
13        Operations,  or  any  other  Division  or  organizational
14        entity in the Department of State Police is vested by law
15        with  duties  to  maintain  public   order,   investigate
16        violations of the criminal law of this State, enforce the
17        laws  of  this  State, make arrests and recover property.
18        The term "special agent" includes any title  or  position
19        in  the  Department  of  State  Police that is held by an
20        individual employed under the State Police Act.
21             (5)  The term "investigator  for  the  Secretary  of
22        State"  means  any  person  employed by the Office of the
23        Secretary of State and  vested  with  such  investigative
24        duties  as  render  him ineligible for coverage under the
25        Social Security Act by reason of  Sections  218(d)(5)(A),
26        218(d)(8)(D) and 218(l)(1) of that Act.
27             A  person who became employed as an investigator for
28        the Secretary  of  State  between  January  1,  1967  and
29        December  31,  1975,  and  who  has  served as such until
30        attainment of age  60,  either  continuously  or  with  a
31        single  break  in  service  of  not  more  than  3  years
32        duration,  which break terminated before January 1, 1976,
33        shall  be  entitled  to  have  his   retirement   annuity
34        calculated     in   accordance   with   subsection   (a),
 
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 1        notwithstanding that he has less than 20 years of  credit
 2        for such service.
 3             (6)  The  term  "Conservation  Police Officer" means
 4        any person employed by the Division of Law Enforcement of
 5        the Department of Natural Resources and vested with  such
 6        law  enforcement  duties  as  render  him  ineligible for
 7        coverage under the  Social  Security  Act  by  reason  of
 8        Sections  218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1) of
 9        that  Act.   The  term  "Conservation   Police   Officer"
10        includes  the  positions  of  Chief  Conservation  Police
11        Administrator    and    Assistant   Conservation   Police
12        Administrator.
13             (7)  The term "investigator for  the  Department  of
14        Revenue"  means  any person employed by the Department of
15        Revenue and vested  with  such  investigative  duties  as
16        render  him  ineligible  for  coverage  under  the Social
17        Security  Act  by  reason   of   Sections   218(d)(5)(A),
18        218(d)(8)(D) and 218(l)(1) of that Act.
19             (8)  The  term  "security employee of the Department
20        of Human Services"  means  any  person  employed  by  the
21        Department  of  Human Services who (i) is employed at the
22        Chester Mental Health Center and has daily  contact  with
23        the residents thereof, (ii) is employed within a security
24        unit  at  a  facility  operated by the Department and has
25        daily contact with the residents of  the  security  unit,
26        (iii)   is   employed  at  a  facility  operated  by  the
27        Department that includes a security unit and is regularly
28        scheduled to work at least 50%  of  his  or  her  working
29        hours  within  that  security  unit,  or (iv) is a mental
30        health police officer.  "Mental  health  police  officer"
31        means  any  person  employed  by  the Department of Human
32        Services in a position  pertaining  to  the  Department's
33        mental  health  and  developmental disabilities functions
34        who 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.  "Security unit"
 4        means that portion of a facility that is devoted  to  the
 5        care,  containment, and treatment of persons committed to
 6        the Department of  Human  Services  as  sexually  violent
 7        persons,  persons  unfit  to  stand trial, or persons not
 8        guilty by reason  of  insanity.   With  respect  to  past
 9        employment,   references   to  the  Department  of  Human
10        Services  include  its  predecessor,  the  Department  of
11        Mental Health and Developmental Disabilities.
12             The changes  made  to  this  subdivision  (c)(8)  by
13        Public  Act 92-14 apply to persons who retire on or after
14        January 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)  The  term "security employee of the Department
22        of Corrections" means any employee of the  Department  of
23        Corrections  or  the  former Department of Personnel, and
24        any member or employee of the Prisoner Review Board,  who
25        has  daily  contact  with  inmates  by  working  within a
26        correctional facility or who is a parole  officer  or  an
27        employee who has direct contact with committed persons in
28        the performance of his or her job duties.
29             (11)  The  term "dangerous drugs investigator" means
30        any person who is employed as such by the  Department  of
31        Human Services.
32             (12)  The  term  "investigator for the Department of
33        State Police" means a person employed by  the  Department
34        of  State  Police  who  is  vested under Section 4 of the
 
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 1        Narcotic Control Division Abolition  Act  with  such  law
 2        enforcement  powers as render him ineligible for coverage
 3        under the Social  Security  Act  by  reason  of  Sections
 4        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
 5             (13)  "Investigator  for  the Office of the Attorney
 6        General" means any person who is employed as such by  the
 7        Office  of  the  Attorney General and is vested with such
 8        investigative  duties  as  render  him   ineligible   for
 9        coverage  under  the  Social  Security  Act  by reason of
10        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
11        Act.  For the period before January  1,  1989,  the  term
12        includes  all  persons who were employed as investigators
13        by the Office of the Attorney General, without regard  to
14        social security status.
15             (14)  "Controlled  substance  inspector"  means  any
16        person  who  is  employed  as  such  by the Department of
17        Professional Regulation  and  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        The term "controlled substance  inspector"  includes  the
22        Program   Executive  of  Enforcement  and  the  Assistant
23        Program Executive of Enforcement.
24             (15)  The term "investigator for the Office  of  the
25        State's  Attorneys  Appellate  Prosecutor" means a person
26        employed in that capacity on a full time basis under  the
27        authority  of  Section  7.06  of  the  State's  Attorneys
28        Appellate Prosecutor's Act.
29             (16)  "Commerce Commission police officer" means any
30        person  employed  by the Illinois Commerce Commission who
31        is vested with such law enforcement duties as render  him
32        ineligible  for coverage under the Social Security Act by
33        reason  of  Sections  218(d)(5)(A),   218(d)(8)(D),   and
34        218(l)(1) of that Act.
 
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 1             (17)  "Arson  investigator"  means any person who is
 2        employed as such by the Office of the State Fire  Marshal
 3        and  is vested with such law enforcement 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.   A  person  who
 7        was  employed as an arson investigator on January 1, 1995
 8        and is no longer in  service  but  not  yet  receiving  a
 9        retirement  annuity  may  convert  his  or her creditable
10        service for employment  as  an  arson  investigator  into
11        eligible  creditable  service by paying to the System the
12        difference between the  employee  contributions  actually
13        paid  for  that  service  and the amounts that would have
14        been contributed if the applicant  were  contributing  at
15        the  rate  applicable  to  persons  with  the same social
16        security status earning eligible  creditable  service  on
17        the date of application.
18             (18)  The  term  "State  highway maintenance worker"
19        means a person who is either of the following:
20                  (i)  A person employed on a full-time basis  by
21             the  Illinois  Department  of  Transportation in the
22             position of highway maintainer, highway  maintenance
23             lead  worker,  highway maintenance lead/lead worker,
24             heavy construction equipment operator, power  shovel
25             operator,  or  bridge  mechanic; and whose principal
26             responsibility is to perform, on  the  roadway,  the
27             actual  maintenance  necessary  to keep the highways
28             that form a part of  the  State  highway  system  in
29             serviceable condition for vehicular traffic.
30                  (ii)  A person employed on a full-time basis by
31             the  Illinois  State  Toll  Highway Authority in the
32             position   of   equipment   operator/laborer    H-4,
33             equipment    operator/laborer    H-6,  welder   H-4,
34             welder      H-6,     mechanical/electrical      H-4,
 
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 1             mechanical/electrical    H-6,    water/sewer    H-4,
 2             water/sewer   H-6,   sign   maker/hanger  H-4,  sign
 3             maker/hanger  H-6,  roadway  lighting  H-4,  roadway
 4             lighting  H-6,  structural  H-4,   structural   H-6,
 5             painter  H-4,  or  painter  H-6; and whose principal
 6             responsibility is to perform, on  the  roadway,  the
 7             actual maintenance necessary to keep the Authority's
 8             tollways  in  serviceable  condition  for  vehicular
 9             traffic.
10        (d)  A   security   employee   of   the   Department   of
11    Corrections,  and  a  security  employee of the Department of
12    Human Services who is not a  mental  health  police  officer,
13    shall  not be eligible for the alternative retirement annuity
14    provided by this Section unless he or she meets the following
15    minimum  age  and  service  requirements  at  the   time   of
16    retirement:
17             (i)  25 years of eligible creditable service and age
18        55; or
19             (ii)  beginning   January   1,  1987,  25  years  of
20        eligible creditable service and age 54, or  24  years  of
21        eligible creditable service and age 55; or
22             (iii)  beginning   January  1,  1988,  25  years  of
23        eligible creditable service and age 53, or  23  years  of
24        eligible creditable service and age 55; or
25             (iv)  beginning   January   1,  1989,  25  years  of
26        eligible creditable service and age 52, or  22  years  of
27        eligible creditable service and age 55; or
28             (v)  beginning January 1, 1990, 25 years of eligible
29        creditable  service  and  age 51, or 21 years of eligible
30        creditable service and age 55; or
31             (vi)  beginning  January  1,  1991,  25   years   of
32        eligible  creditable  service  and age 50, or 20 years of
33        eligible creditable service and age 55; or
34             (vii)  beginning  on  the  effective  date  of  this
 
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 1        amendatory Act of the 93rd General Assembly, (A) 25 years
 2        of eligible creditable service and age 50, (B)  20  years
 3        of eligible creditable service and age 55, or (C) service
 4        sufficient to provide an annuity under this Section equal
 5        to at least 80% of final average compensation, regardless
 6        of age.
 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 Human Services in a position
10    requiring  certification  as a teacher may count such service
11    toward  establishing  their  eligibility  under  the  service
12    requirements of this Section; but such service  may  be  used
13    only  for  establishing  such  eligibility,  and  not for the
14    purpose of increasing or calculating any benefit.
15        (e)  If a member enters military service while working in
16    a position  in  which  eligible  creditable  service  may  be
17    earned,  and  returns to State service in the same or another
18    such  position,  and  fulfills  in  all  other  respects  the
19    conditions prescribed in this Article for credit for military
20    service, such military service shall be credited as  eligible
21    creditable service for the purposes of the retirement annuity
22    prescribed in this Section.
23        (f)  For  purposes  of  calculating  retirement annuities
24    under  this  Section,  periods  of  service  rendered   after
25    December  31,  1968  and  before October 1, 1975 as a covered
26    employee in  the  position  of  special  agent,  conservation
27    police officer, mental health police officer, or investigator
28    for  the  Secretary  of  State,  shall be deemed to have been
29    service as a noncovered employee, provided that the  employee
30    pays to the System prior to retirement an amount equal to (1)
31    the  difference between the employee contributions that would
32    have been required for such service as a noncovered employee,
33    and the amount of employee contributions actually paid,  plus
34    (2)  if payment is made after July 31, 1987, regular interest
 
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 1    on the amount specified in item (1) from the date of  service
 2    to the date of payment.
 3        For  purposes  of  calculating retirement annuities under
 4    this Section, periods of service rendered after December  31,
 5    1968  and before January 1, 1982 as a covered employee in the
 6    position of investigator for the Department of Revenue  shall
 7    be  deemed  to  have  been  service as a noncovered employee,
 8    provided that the  employee  pays  to  the  System  prior  to
 9    retirement  an amount equal to (1) the difference between the
10    employee contributions that would have been required for such
11    service as a noncovered employee, and the amount of  employee
12    contributions  actually  paid,  plus  (2)  if payment is made
13    after  January  1,  1990,  regular  interest  on  the  amount
14    specified in item (1) from the date of service to the date of
15    payment.
16        (g)  A State policeman may elect, not later than  January
17    1,  1990,  to establish eligible creditable service for up to
18    10 years of his service as a policeman under  Article  3,  by
19    filing  a  written  election  with  the Board, accompanied by
20    payment of an amount to be determined by the Board, equal  to
21    (i)  the  difference  between  the  amount  of  employee  and
22    employer   contributions  transferred  to  the  System  under
23    Section  3-110.5,  and  the  amounts  that  would  have  been
24    contributed had such contributions been  made  at  the  rates
25    applicable  to State policemen, plus (ii) interest thereon at
26    the effective rate for each year, compounded  annually,  from
27    the date of service to the date of payment.
28        Subject  to  the  limitation  in  subsection (i), a State
29    policeman  may  elect,  not  later  than  July  1,  1993,  to
30    establish eligible creditable service for up to 10  years  of
31    his service as a member of the County Police Department under
32    Article  9,  by  filing  a  written  election with the Board,
33    accompanied by payment of an amount to be determined  by  the
34    Board,  equal  to  (i)  the  difference between the amount of
 
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 1    employee and employer contributions transferred to the System
 2    under Section 9-121.10 and the amounts that would  have  been
 3    contributed  had  those  contributions been made at the rates
 4    applicable to State policemen, plus (ii) interest thereon  at
 5    the  effective  rate for each year, compounded annually, from
 6    the date of service to the date of payment.
 7        (h)  Subject to the limitation in subsection (i), a State
 8    policeman or investigator for  the  Secretary  of  State  may
 9    elect  to  establish eligible creditable service for up to 12
10    years of his service as  a  policeman  under  Article  5,  by
11    filing a written election with the Board on or before January
12    31,  1992,  and  paying  to the System by January 31, 1994 an
13    amount to be determined  by  the  Board,  equal  to  (i)  the
14    difference  between  the  amount  of  employee  and  employer
15    contributions  transferred to the System under Section 5-236,
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),  a  State
22    policeman,  conservation  police officer, or investigator for
23    the Secretary  of  State  may  elect  to  establish  eligible
24    creditable  service  for  up  to  10  years  of  service as a
25    sheriff's law enforcement employee under Article 7, by filing
26    a written election with the Board on or  before  January  31,
27    1993,  and paying to the System by January 31, 1994 an amount
28    to be determined by the Board, equal to  (i)  the  difference
29    between  the  amount  of  employee and employer contributions
30    transferred to the System  under  Section  7-139.7,  and  the
31    amounts   that   would   have   been   contributed  had  such
32    contributions been made at  the  rates  applicable  to  State
33    policemen,  plus  (ii) interest thereon at the effective rate
34    for each year, compounded annually, from the date of  service
 
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 1    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), and (l) of this Section shall not exceed 12 years.
 5        (j)  Subject  to  the  limitation  in  subsection (i), an
 6    investigator  for  the  Office  of  the   State's   Attorneys
 7    Appellate  Prosecutor or a controlled substance inspector may
 8    elect to establish eligible creditable service for up  to  10
 9    years  of  his  service  as  a policeman under Article 3 or a
10    sheriff's law enforcement employee under Article 7, by filing
11    a written election with the Board, accompanied by payment  of
12    an  amount  to  be  determined by the Board, equal to (1) the
13    difference  between  the  amount  of  employee  and  employer
14    contributions transferred to the System under Section 3-110.6
15    or 7-139.8, and the amounts that would have been  contributed
16    had  such  contributions been made at the rates applicable to
17    State policemen, plus (2) interest thereon at  the  effective
18    rate  for  each  year,  compounded annually, from the date of
19    service to the date of payment.
20        (k)  Subject to the limitation in subsection (i) of  this
21    Section,   an  alternative  formula  employee  may  elect  to
22    establish eligible creditable service for periods spent as  a
23    full-time  law  enforcement  officer or full-time corrections
24    officer employed by the federal government or by a  state  or
25    local  government  located  outside  of  Illinois,  for which
26    credit is not held in any other public employee pension  fund
27    or  retirement  system.  To obtain this credit, the applicant
28    must file a written application with the Board by  March  31,
29    1998,  accompanied  by  evidence of eligibility acceptable to
30    the Board and payment of an amount to be  determined  by  the
31    Board,  equal  to  (1)  employee contributions for the credit
32    being established, based upon the applicant's salary  on  the
33    first  day  as  an  alternative  formula  employee  after the
34    employment for which credit  is  being  established  and  the
 
                            -14-     LRB093 03760 EFG 03795 b
 1    rates  then applicable to alternative formula employees, plus
 2    (2) an amount determined by the Board to  be  the  employer's
 3    normal  cost  of  the  benefits  accrued for the credit being
 4    established, plus (3) regular  interest  on  the  amounts  in
 5    items  (1)  and  (2)  from  the  first  day as an alternative
 6    formula employee after the employment  for  which  credit  is
 7    being established to the date of payment.
 8        (l)  Subject  to  the  limitation  in  subsection  (i), a
 9    security employee of the Department of Corrections may elect,
10    not later than July 1, 1998, to establish eligible creditable
11    service for up to 10  years  of  his  or  her  service  as  a
12    policeman  under Article 3, by filing a written election with
13    the  Board,  accompanied  by  payment  of  an  amount  to  be
14    determined by the Board, equal to (i) the difference  between
15    the amount of employee and employer contributions transferred
16    to  the  System  under  Section 3-110.5, and the amounts that
17    would have been contributed had such contributions been  made
18    at   the  rates  applicable  to  security  employees  of  the
19    Department of Corrections, plus (ii) interest thereon at  the
20    effective  rate  for each year, compounded annually, from the
21    date of service to the date of payment.
22    (Source: P.A. 91-357,  eff.  7-29-99;  91-760,  eff.  1-1-01;
23    92-14,  eff.  6-28-01;  92-257,  eff.  8-6-01;  92-651,  eff.
24    7-11-02.)

25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law.