99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3119

 

Introduced 2/19/2016, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 415/4d  from Ch. 127, par. 63b104d
40 ILCS 5/14-110  from Ch. 108 1/2, par. 14-110
730 ILCS 5/3-2.5-15

    Amends the Personnel Code. Provides that all positions within the Department of Juvenile Justice that are required to have a bachelor's or advanced degree from an accredited college or university or, in the case of persons who provide vocational training, that are required to have adequate knowledge in the skill for which they are providing the vocational training are exempt from jurisdiction B. These provisions are inoperative after January 1, 2021. Amends the Unified Code of Corrections. Deletes a provision that provides that Department of Juvenile Justice personnel who are hired by the Department and who participate or assist in the rehabilitative and vocational training of delinquent youths, supervise the daily activities involving direct and continuing responsibility for the youth's security, welfare, and development, or participate in the personal rehabilitation of delinquent youth by training, supervising, and assisting lower level personnel who perform these duties must have a specialization in criminal justice, education, psychology, social work, or a closely related social science or 2 years of experience. Amends the Illinois Pension Code to make conforming changes. Effective immediately.


LRB099 19663 RLC 44060 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3119LRB099 19663 RLC 44060 b

1    AN ACT concerning the Department of Juvenile Justice.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Personnel Code is amended by changing
5Section 4d as follows:
 
6    (20 ILCS 415/4d)  (from Ch. 127, par. 63b104d)
7    Sec. 4d. Partial exemptions. The following positions in
8State service are exempt from jurisdictions A, B, and C to the
9extent stated for each, unless those jurisdictions are extended
10as provided in this Act:
11        (1) In each department, board or commission that now
12    maintains or may hereafter maintain a major administrative
13    division, service or office in both Sangamon County and
14    Cook County, 2 private secretaries for the director or
15    chairman thereof, one located in the Cook County office and
16    the other located in the Sangamon County office, shall be
17    exempt from jurisdiction B; in all other departments,
18    boards and commissions one private secretary for the
19    director or chairman thereof shall be exempt from
20    jurisdiction B. In all departments, boards and commissions
21    one confidential assistant for the director or chairman
22    thereof shall be exempt from jurisdiction B. This paragraph
23    is subject to such modifications or waiver of the

 

 

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1    exemptions as may be necessary to assure the continuity of
2    federal contributions in those agencies supported in whole
3    or in part by federal funds.
4        (2) The resident administrative head of each State
5    charitable, penal and correctional institution, the
6    chaplains thereof, and all member, patient and inmate
7    employees are exempt from jurisdiction B.
8        (3) The Civil Service Commission, upon written
9    recommendation of the Director of Central Management
10    Services, shall exempt from jurisdiction B other positions
11    which, in the judgment of the Commission, involve either
12    principal administrative responsibility for the
13    determination of policy or principal administrative
14    responsibility for the way in which policies are carried
15    out, except positions in agencies which receive federal
16    funds if such exemption is inconsistent with federal
17    requirements, and except positions in agencies supported
18    in whole by federal funds.
19        (4) All beauticians and teachers of beauty culture and
20    teachers of barbering, and all positions heretofore paid
21    under Section 1.22 of "An Act to standardize position
22    titles and salary rates", approved June 30, 1943, as
23    amended, shall be exempt from jurisdiction B.
24        (5) Licensed attorneys in positions as legal or
25    technical advisors; positions in the Department of Natural
26    Resources requiring incumbents to be either a registered

 

 

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1    professional engineer or to hold a bachelor's degree in
2    engineering from a recognized college or university;
3    licensed physicians in positions of medical administrator
4    or physician or physician specialist (including
5    psychiatrists); all positions within the Department of
6    Juvenile Justice requiring licensure by the State Board of
7    Education under Article 21B of the School Code; from the
8    effective date of this amendatory Act of the 99th General
9    Assembly until January 1, 2017, all positions within the
10    Illinois School for the Deaf and the Illinois School for
11    the Visually Impaired requiring licensure by the State
12    Board of Education under Article 21B of the School Code;
13    and registered nurses (except those registered nurses
14    employed by the Department of Public Health); except those
15    in positions in agencies which receive federal funds if
16    such exemption is inconsistent with federal requirements
17    and except those in positions in agencies supported in
18    whole by federal funds, are exempt from jurisdiction B only
19    to the extent that the requirements of Section 8b.1, 8b.3
20    and 8b.5 of this Code need not be met.
21        (6) All positions established outside the geographical
22    limits of the State of Illinois to which appointments of
23    other than Illinois citizens may be made are exempt from
24    jurisdiction B.
25        (7) Staff attorneys reporting directly to individual
26    Commissioners of the Illinois Workers' Compensation

 

 

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1    Commission are exempt from jurisdiction B.
2        (8) Twenty-one senior public service administrator
3    positions within the Department of Healthcare and Family
4    Services, as set forth in this paragraph (8), requiring the
5    specific knowledge of healthcare administration,
6    healthcare finance, healthcare data analytics, or
7    information technology described are exempt from
8    jurisdiction B only to the extent that the requirements of
9    Sections 8b.1, 8b.3, and 8b.5 of this Code need not be met.
10    The General Assembly finds that these positions are all
11    senior policy makers and have spokesperson authority for
12    the Director of the Department of Healthcare and Family
13    Services. When filling positions so designated, the
14    Director of Healthcare and Family Services shall cause a
15    position description to be published which allots points to
16    various qualifications desired. After scoring qualified
17    applications, the Director shall add Veteran's Preference
18    points as enumerated in Section 8b.7 of this Code. The
19    following are the minimum qualifications for the senior
20    public service administrator positions provided for in
21    this paragraph (8):
22            (A) HEALTHCARE ADMINISTRATION.
23                Medical Director: Licensed Medical Doctor in
24            good standing; experience in healthcare payment
25            systems, pay for performance initiatives, medical
26            necessity criteria or federal or State quality

 

 

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1            improvement programs; preferred experience serving
2            Medicaid patients or experience in population
3            health programs with a large provider, health
4            insurer, government agency, or research
5            institution.
6                Chief, Bureau of Quality Management: Advanced
7            degree in health policy or health professional
8            field preferred; at least 3 years experience in
9            implementing or managing healthcare quality
10            improvement initiatives in a clinical setting.
11                Quality Management Bureau: Manager, Care
12            Coordination/Managed Care Quality: Clinical degree
13            or advanced degree in relevant field required;
14            experience in the field of managed care quality
15            improvement, with knowledge of HEDIS measurements,
16            coding, and related data definitions.
17                Quality Management Bureau: Manager, Primary
18            Care Provider Quality and Practice Development:
19            Clinical degree or advanced degree in relevant
20            field required; experience in practice
21            administration in the primary care setting with a
22            provider or a provider association or an
23            accrediting body; knowledge of practice standards
24            for medical homes and best evidence based
25            standards of care for primary care.
26                Director of Care Coordination Contracts and

 

 

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1            Compliance: Bachelor's degree required; multi-year
2            experience in negotiating managed care contracts,
3            preferably on behalf of a payer; experience with
4            health care contract compliance.
5                Manager, Long Term Care Policy: Bachelor's
6            degree required; social work, gerontology, or
7            social service degree preferred; knowledge of
8            Olmstead and other relevant court decisions
9            required; experience working with diverse long
10            term care populations and service systems, federal
11            initiatives to create long term care community
12            options, and home and community-based waiver
13            services required. The General Assembly finds that
14            this position is necessary for the timely and
15            effective implementation of this amendatory Act of
16            the 97th General Assembly.
17                Manager, Behavioral Health Programs: Clinical
18            license or Advanced degree required, preferably in
19            psychology, social work, or relevant field;
20            knowledge of medical necessity criteria and
21            governmental policies and regulations governing
22            the provision of mental health services to
23            Medicaid populations, including children and
24            adults, in community and institutional settings of
25            care. The General Assembly finds that this
26            position is necessary for the timely and effective

 

 

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1            implementation of this amendatory Act of the 97th
2            General Assembly.
3                Manager, Office of Accountable Care Entity
4            Development: Bachelor's degree required, clinical
5            degree or advanced degree in relevant field
6            preferred; experience in developing integrated
7            delivery systems, including knowledge of health
8            homes and evidence-based standards of care
9            delivery; multi-year experience in health care or
10            public health management; knowledge of federal ACO
11            or other similar delivery system requirements and
12            strategies for improving health care delivery.
13                Manager of Federal Regulatory Compliance:
14            Bachelor's degree required, advanced degree
15            preferred, in healthcare management or relevant
16            field; experience in healthcare administration or
17            Medicaid State Plan amendments preferred;
18            experience interpreting federal rules; experience
19            with either federal health care agency or with a
20            State agency in working with federal regulations.
21                Manager, Office of Medical Project Management:
22            Bachelor's degree required, project management
23            certification preferred; multi-year experience in
24            project management and developing business analyst
25            skills; leadership skills to manage multiple and
26            complex projects.

 

 

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1                Manager of Medicare/Medicaid Coordination:
2            Bachelor's degree required, knowledge and
3            experience with Medicare Advantage rules and
4            regulations, knowledge of Medicaid laws and
5            policies; experience with contract drafting
6            preferred.
7                Chief, Bureau of Eligibility Integrity:
8            Bachelor's degree required, advanced degree in
9            public administration or business administration
10            preferred; experience equivalent to 4 years of
11            administration in a public or business
12            organization required; experience with managing
13            contract compliance required; knowledge of
14            Medicaid eligibility laws and policy preferred;
15            supervisory experience preferred. The General
16            Assembly finds that this position is necessary for
17            the timely and effective implementation of this
18            amendatory Act of the 97th General Assembly.
19            (B) HEALTHCARE FINANCE.
20                Director of Care Coordination Rate and
21            Finance: MBA, CPA, or Actuarial degree required;
22            experience in managed care rate setting,
23            including, but not limited to, baseline costs and
24            growth trends; knowledge and experience with
25            Medical Loss Ratio standards and measurements.
26                Director of Encounter Data Program: Bachelor's

 

 

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1            degree required, advanced degree preferred,
2            preferably in health care, business, or
3            information systems; at least 2 years healthcare
4            or other similar data reporting experience,
5            including, but not limited to, data definitions,
6            submission, and editing; background in HIPAA
7            transactions relevant to encounter data
8            submission; experience with large provider, health
9            insurer, government agency, or research
10            institution or other knowledge of healthcare
11            claims systems.
12                Manager of Medical Finance, Division of
13            Finance: Requires relevant advanced degree or
14            certification in relevant field, such as Certified
15            Public Accountant; coursework in business or
16            public administration, accounting, finance, data
17            analysis, or statistics preferred; experience in
18            control systems and GAAP; financial management
19            experience in a healthcare or government entity
20            utilizing Medicaid funding.
21            (C) HEALTHCARE DATA ANALYTICS.
22                Data Quality Assurance Manager: Bachelor's
23            degree required, advanced degree preferred,
24            preferably in business, information systems, or
25            epidemiology; at least 3 years of extensive
26            healthcare data reporting experience with a large

 

 

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1            provider, health insurer, government agency, or
2            research institution; previous data quality
3            assurance role or formal data quality assurance
4            training.
5                Data Analytics Unit Manager: Bachelor's degree
6            required, advanced degree preferred, in
7            information systems, applied mathematics, or
8            another field with a strong analytics component;
9            extensive healthcare data reporting experience
10            with a large provider, health insurer, government
11            agency, or research institution; experience as a
12            business analyst interfacing between business and
13            information technology departments; in-depth
14            knowledge of health insurance coding and evolving
15            healthcare quality metrics; working knowledge of
16            SQL and/or SAS.
17                Data Analytics Platform Manager: Bachelor's
18            degree required, advanced degree preferred,
19            preferably in business or information systems;
20            extensive healthcare data reporting experience
21            with a large provider, health insurer, government
22            agency, or research institution; previous
23            experience working on a health insurance data
24            analytics platform; experience managing contracts
25            and vendors preferred.
26            (D) HEALTHCARE INFORMATION TECHNOLOGY.

 

 

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1                Manager of MMIS Claims Unit: Bachelor's degree
2            required, with preferred coursework in business,
3            public administration, information systems;
4            experience equivalent to 4 years of administration
5            in a public or business organization; working
6            knowledge with design and implementation of
7            technical solutions to medical claims payment
8            systems; extensive technical writing experience,
9            including, but not limited to, the development of
10            RFPs, APDs, feasibility studies, and related
11            documents; thorough knowledge of IT system design,
12            commercial off the shelf software packages and
13            hardware components.
14                Assistant Bureau Chief, Office of Information
15            Systems: Bachelor's degree required, with
16            preferred coursework in business, public
17            administration, information systems; experience
18            equivalent to 5 years of administration in a public
19            or private business organization; extensive
20            technical writing experience, including, but not
21            limited to, the development of RFPs, APDs,
22            feasibility studies and related documents;
23            extensive healthcare technology experience with a
24            large provider, health insurer, government agency,
25            or research institution; experience as a business
26            analyst interfacing between business and

 

 

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1            information technology departments; thorough
2            knowledge of IT system design, commercial off the
3            shelf software packages and hardware components.
4                Technical System Architect: Bachelor's degree
5            required, with preferred coursework in computer
6            science or information technology; prior
7            experience equivalent to 5 years of computer
8            science or IT administration in a public or
9            business organization; extensive healthcare
10            technology experience with a large provider,
11            health insurer, government agency, or research
12            institution; experience as a business analyst
13            interfacing between business and information
14            technology departments.
15    The provisions of this paragraph (8), other than this
16    sentence, are inoperative after January 1, 2014.
17        (9) All positions within the Department of Juvenile
18    Justice that are required by subsection (b) of Section
19    3-2.5-15 of the Unified Code of Corrections to have a
20    bachelor's or advanced degree from an accredited college or
21    university or, in the case of persons who provide
22    vocational training, that are required to have adequate
23    knowledge in the skill for which they are providing the
24    vocational training are exempt from jurisdiction B. The
25    provisions of this paragraph (9), other than this sentence,
26    are inoperative after January 1, 2021.

 

 

SB3119- 13 -LRB099 19663 RLC 44060 b

1(Source: P.A. 98-104, eff. 7-22-13; 98-1146, eff. 12-30-14;
299-45, eff. 7-15-15.)
 
3    Section 10. The Illinois Pension Code is amended by
4changing Section 14-110 as follows:
 
5    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
6    (Text of Section WITHOUT the changes made by P.A. 98-599,
7which has been held unconstitutional)
8    Sec. 14-110. Alternative retirement annuity.
9    (a) Any member who has withdrawn from service with not less
10than 20 years of eligible creditable service and has attained
11age 55, and any member who has withdrawn from service with not
12less than 25 years of eligible creditable service and has
13attained age 50, regardless of whether the attainment of either
14of the specified ages occurs while the member is still in
15service, shall be entitled to receive at the option of the
16member, in lieu of the regular or minimum retirement annuity, a
17retirement annuity computed as follows:
18        (i) for periods of service as a noncovered employee: if
19    retirement occurs on or after January 1, 2001, 3% of final
20    average compensation for each year of creditable service;
21    if retirement occurs before January 1, 2001, 2 1/4% of
22    final average compensation for each of the first 10 years
23    of creditable service, 2 1/2% for each year above 10 years
24    to and including 20 years of creditable service, and 2 3/4%

 

 

SB3119- 14 -LRB099 19663 RLC 44060 b

1    for each year of creditable service above 20 years; and
2        (ii) for periods of eligible creditable service as a
3    covered employee: if retirement occurs on or after January
4    1, 2001, 2.5% of final average compensation for each year
5    of creditable service; if retirement occurs before January
6    1, 2001, 1.67% of final average compensation for each of
7    the first 10 years of such service, 1.90% for each of the
8    next 10 years of such service, 2.10% for each year of such
9    service in excess of 20 but not exceeding 30, and 2.30% for
10    each year in excess of 30.
11    Such annuity shall be subject to a maximum of 75% of final
12average compensation if retirement occurs before January 1,
132001 or to a maximum of 80% of final average compensation if
14retirement occurs on or after January 1, 2001.
15    These rates shall not be applicable to any service
16performed by a member as a covered employee which is not
17eligible creditable service. Service as a covered employee
18which is not eligible creditable service shall be subject to
19the rates and provisions of Section 14-108.
20    (b) For the purpose of this Section, "eligible creditable
21service" means creditable service resulting from service in one
22or more of the following positions:
23        (1) State policeman;
24        (2) fire fighter in the fire protection service of a
25    department;
26        (3) air pilot;

 

 

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1        (4) special agent;
2        (5) investigator for the Secretary of State;
3        (6) conservation police officer;
4        (7) investigator for the Department of Revenue or the
5    Illinois Gaming Board;
6        (8) security employee of the Department of Human
7    Services;
8        (9) Central Management Services security police
9    officer;
10        (10) security employee of the Department of
11    Corrections or the Department of Juvenile Justice;
12        (11) dangerous drugs investigator;
13        (12) investigator for the Department of State Police;
14        (13) investigator for the Office of the Attorney
15    General;
16        (14) controlled substance inspector;
17        (15) investigator for the Office of the State's
18    Attorneys Appellate Prosecutor;
19        (16) Commerce Commission police officer;
20        (17) arson investigator;
21        (18) State highway maintenance worker.
22    A person employed in one of the positions specified in this
23subsection is entitled to eligible creditable service for
24service credit earned under this Article while undergoing the
25basic police training course approved by the Illinois Law
26Enforcement Training Standards Board, if completion of that

 

 

SB3119- 16 -LRB099 19663 RLC 44060 b

1training is required of persons serving in that position. For
2the purposes of this Code, service during the required basic
3police training course shall be deemed performance of the
4duties of the specified position, even though the person is not
5a sworn peace officer at the time of the training.
6    (c) For the purposes of this Section:
7        (1) The term "state policeman" includes any title or
8    position in the Department of State Police that is held by
9    an individual employed under the State Police Act.
10        (2) The term "fire fighter in the fire protection
11    service of a department" includes all officers in such fire
12    protection service including fire chiefs and assistant
13    fire chiefs.
14        (3) The term "air pilot" includes any employee whose
15    official job description on file in the Department of
16    Central Management Services, or in the department by which
17    he is employed if that department is not covered by the
18    Personnel Code, states that his principal duty is the
19    operation of aircraft, and who possesses a pilot's license;
20    however, the change in this definition made by this
21    amendatory Act of 1983 shall not operate to exclude any
22    noncovered employee who was an "air pilot" for the purposes
23    of this Section on January 1, 1984.
24        (4) The term "special agent" means any person who by
25    reason of employment by the Division of Narcotic Control,
26    the Bureau of Investigation or, after July 1, 1977, the

 

 

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1    Division of Criminal Investigation, the Division of
2    Internal Investigation, the Division of Operations, or any
3    other Division or organizational entity in the Department
4    of State Police is vested by law with duties to maintain
5    public order, investigate violations of the criminal law of
6    this State, enforce the laws of this State, make arrests
7    and recover property. The term "special agent" includes any
8    title or position in the Department of State Police that is
9    held by an individual employed under the State Police Act.
10        (5) The term "investigator for the Secretary of State"
11    means any person employed by the Office of the Secretary of
12    State and vested with such investigative duties as render
13    him ineligible for coverage under the Social Security Act
14    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
15    218(l)(1) of that Act.
16        A person who became employed as an investigator for the
17    Secretary of State between January 1, 1967 and December 31,
18    1975, and who has served as such until attainment of age
19    60, either continuously or with a single break in service
20    of not more than 3 years duration, which break terminated
21    before January 1, 1976, shall be entitled to have his
22    retirement annuity calculated in accordance with
23    subsection (a), notwithstanding that he has less than 20
24    years of credit for such service.
25        (6) The term "Conservation Police Officer" means any
26    person employed by the Division of Law Enforcement of the

 

 

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1    Department of Natural Resources and vested with such law
2    enforcement duties 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. The
5    term "Conservation Police Officer" includes the positions
6    of Chief Conservation Police Administrator and Assistant
7    Conservation Police Administrator.
8        (7) The term "investigator for the Department of
9    Revenue" means any person employed by the Department of
10    Revenue and vested with such investigative duties as render
11    him ineligible for coverage under the Social Security Act
12    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
13    218(l)(1) of that Act.
14        The term "investigator for the Illinois Gaming Board"
15    means any person employed as such by the Illinois Gaming
16    Board and vested with such peace officer duties as render
17    the person ineligible for coverage under the Social
18    Security Act by reason of Sections 218(d)(5)(A),
19    218(d)(8)(D), and 218(l)(1) of that Act.
20        (8) The term "security employee of the Department of
21    Human Services" means any person employed by the Department
22    of Human Services who (i) is employed at the Chester Mental
23    Health Center and has daily contact with the residents
24    thereof, (ii) is employed within a security unit at a
25    facility operated by the Department and has daily contact
26    with the residents of the security unit, (iii) is employed

 

 

SB3119- 19 -LRB099 19663 RLC 44060 b

1    at a facility operated by the Department that includes a
2    security unit and is regularly scheduled to work at least
3    50% of his or her working hours within that security unit,
4    or (iv) is a mental health police officer. "Mental health
5    police officer" means any person employed by the Department
6    of Human Services in a position pertaining to the
7    Department's mental health and developmental disabilities
8    functions who is vested with such law enforcement duties as
9    render the person 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. "Security unit"
12    means that portion of a facility that is devoted to the
13    care, containment, and treatment of persons committed to
14    the Department of Human Services as sexually violent
15    persons, persons unfit to stand trial, or persons not
16    guilty by reason of insanity. With respect to past
17    employment, references to the Department of Human Services
18    include its predecessor, the Department of Mental Health
19    and Developmental Disabilities.
20        The changes made to this subdivision (c)(8) by Public
21    Act 92-14 apply to persons who retire on or after January
22    1, 2001, notwithstanding Section 1-103.1.
23        (9) "Central Management Services security police
24    officer" means any person employed by the Department of
25    Central Management Services who is vested with such law
26    enforcement duties as render him ineligible for coverage

 

 

SB3119- 20 -LRB099 19663 RLC 44060 b

1    under the Social Security Act by reason of Sections
2    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
3        (10) For a member who first became an employee under
4    this Article before July 1, 2005, the term "security
5    employee of the Department of Corrections or the Department
6    of Juvenile Justice" means any employee of the Department
7    of Corrections or the Department of Juvenile Justice or the
8    former Department of Personnel, and any member or employee
9    of the Prisoner Review Board, who has daily contact with
10    inmates or youth by working within a correctional facility
11    or Juvenile facility operated by the Department of Juvenile
12    Justice or who is a parole officer or an employee who has
13    direct contact with committed persons in the performance of
14    his or her job duties. For a member who first becomes an
15    employee under this Article on or after July 1, 2005, the
16    term means an employee of the Department of Corrections or
17    the Department of Juvenile Justice who is any of the
18    following: (i) officially headquartered at a correctional
19    facility or Juvenile facility operated by the Department of
20    Juvenile Justice, (ii) a parole officer, (iii) a member of
21    the apprehension unit, (iv) a member of the intelligence
22    unit, (v) a member of the sort team, or (vi) an
23    investigator.
24        (11) The term "dangerous drugs investigator" means any
25    person who is employed as such by the Department of Human
26    Services.

 

 

SB3119- 21 -LRB099 19663 RLC 44060 b

1        (12) The term "investigator for the Department of State
2    Police" means a person employed by the Department of State
3    Police who is vested under Section 4 of the Narcotic
4    Control Division Abolition Act with such law enforcement
5    powers as render him ineligible for coverage under the
6    Social Security Act by reason of Sections 218(d)(5)(A),
7    218(d)(8)(D) and 218(l)(1) of that Act.
8        (13) "Investigator for the Office of the Attorney
9    General" means any person who is employed as such by the
10    Office of the Attorney General and is vested with such
11    investigative duties as render him ineligible for coverage
12    under the Social Security Act by reason of Sections
13    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
14    the period before January 1, 1989, the term includes all
15    persons who were employed as investigators by the Office of
16    the Attorney General, without regard to social security
17    status.
18        (14) "Controlled substance inspector" means any person
19    who is employed as such by the Department of Professional
20    Regulation and is vested with such law enforcement duties
21    as render him ineligible for coverage under the Social
22    Security Act by reason of Sections 218(d)(5)(A),
23    218(d)(8)(D) and 218(l)(1) of that Act. The term
24    "controlled substance inspector" includes the Program
25    Executive of Enforcement and the Assistant Program
26    Executive of Enforcement.

 

 

SB3119- 22 -LRB099 19663 RLC 44060 b

1        (15) The term "investigator for the Office of the
2    State's Attorneys Appellate Prosecutor" means a person
3    employed in that capacity on a full time basis under the
4    authority of Section 7.06 of the State's Attorneys
5    Appellate Prosecutor's Act.
6        (16) "Commerce Commission police officer" means any
7    person employed by the Illinois Commerce Commission who is
8    vested with such law enforcement duties as render him
9    ineligible for coverage under the Social Security Act by
10    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
11    218(l)(1) of that Act.
12        (17) "Arson investigator" means any person who is
13    employed as such by the Office of the State Fire Marshal
14    and is vested with such law enforcement duties as render
15    the person ineligible for coverage under the Social
16    Security Act by reason of Sections 218(d)(5)(A),
17    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
18    employed as an arson investigator on January 1, 1995 and is
19    no longer in service but not yet receiving a retirement
20    annuity may convert his or her creditable service for
21    employment as an arson investigator into eligible
22    creditable service by paying to the System the difference
23    between the employee contributions actually paid for that
24    service and the amounts that would have been contributed if
25    the applicant were contributing at the rate applicable to
26    persons with the same social security status earning

 

 

SB3119- 23 -LRB099 19663 RLC 44060 b

1    eligible creditable service on the date of application.
2        (18) The term "State highway maintenance worker" means
3    a person who is either of the following:
4            (i) A person employed on a full-time basis by the
5        Illinois Department of Transportation in the position
6        of highway maintainer, highway maintenance lead
7        worker, highway maintenance lead/lead worker, heavy
8        construction equipment operator, power shovel
9        operator, or bridge mechanic; and whose principal
10        responsibility is to perform, on the roadway, the
11        actual maintenance necessary to keep the highways that
12        form a part of the State highway system in serviceable
13        condition for vehicular traffic.
14            (ii) A person employed on a full-time basis by the
15        Illinois State Toll Highway Authority in the position
16        of equipment operator/laborer H-4, equipment
17        operator/laborer H-6, welder H-4, welder H-6,
18        mechanical/electrical H-4, mechanical/electrical H-6,
19        water/sewer H-4, water/sewer H-6, sign maker/hanger
20        H-4, sign maker/hanger H-6, roadway lighting H-4,
21        roadway lighting H-6, structural H-4, structural H-6,
22        painter H-4, or painter H-6; and whose principal
23        responsibility is to perform, on the roadway, the
24        actual maintenance necessary to keep the Authority's
25        tollways in serviceable condition for vehicular
26        traffic.

 

 

SB3119- 24 -LRB099 19663 RLC 44060 b

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

 

 

SB3119- 25 -LRB099 19663 RLC 44060 b

1Corrections or the Department of Juvenile Justice, or the
2Department of Human Services in a position requiring
3certification as a teacher may count such service toward
4establishing their eligibility under the service requirements
5of this Section; but such service may be used only for
6establishing such eligibility, and not for the purpose of
7increasing or calculating any benefit.
8    (e) If a member enters military service while working in a
9position in which eligible creditable service may be earned,
10and returns to State service in the same or another such
11position, and fulfills in all other respects the conditions
12prescribed in this Article for credit for military service,
13such military service shall be credited as eligible creditable
14service for the purposes of the retirement annuity prescribed
15in this Section.
16    (f) For purposes of calculating retirement annuities under
17this Section, periods of service rendered after December 31,
181968 and before October 1, 1975 as a covered employee in the
19position of special agent, conservation police officer, mental
20health police officer, or investigator for the Secretary of
21State, shall be deemed to have been service as a noncovered
22employee, provided that the employee pays to the System prior
23to retirement an amount equal to (1) the difference between the
24employee contributions that would have been required for such
25service as a noncovered employee, and the amount of employee
26contributions actually paid, plus (2) if payment is made after

 

 

SB3119- 26 -LRB099 19663 RLC 44060 b

1July 31, 1987, regular interest on the amount specified in item
2(1) from the date of service to the date of payment.
3    For purposes of calculating retirement annuities under
4this Section, periods of service rendered after December 31,
51968 and before January 1, 1982 as a covered employee in the
6position of investigator for the Department of Revenue shall be
7deemed to have been service as a noncovered employee, provided
8that the employee pays to the System prior to retirement an
9amount equal to (1) the difference between the employee
10contributions that would have been required for such service as
11a noncovered employee, and the amount of employee contributions
12actually paid, plus (2) if payment is made after January 1,
131990, regular interest on the amount specified in item (1) from
14the date of service to the date of payment.
15    (g) A State policeman may elect, not later than January 1,
161990, to establish eligible creditable service for up to 10
17years of his service as a policeman under Article 3, by filing
18a written election with the Board, accompanied by payment of an
19amount to be determined by the Board, equal to (i) the
20difference between the amount of employee and employer
21contributions transferred to the System under Section 3-110.5,
22and the amounts that would have been contributed had such
23contributions been made at the rates applicable to State
24policemen, plus (ii) interest thereon at the effective rate for
25each year, compounded annually, from the date of service to the
26date of payment.

 

 

SB3119- 27 -LRB099 19663 RLC 44060 b

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

 

 

SB3119- 28 -LRB099 19663 RLC 44060 b

1    Subject to the limitation in subsection (i), a State
2policeman, conservation police officer, or investigator for
3the Secretary of State may elect to establish eligible
4creditable service for up to 10 years of service as a sheriff's
5law enforcement employee under Article 7, by filing a written
6election with the Board on or before January 31, 1993, and
7paying to the System by January 31, 1994 an amount to be
8determined by the Board, equal to (i) the difference between
9the amount of employee and employer contributions transferred
10to the System under Section 7-139.7, and the amounts that would
11have been contributed had such contributions been made at the
12rates applicable to State policemen, plus (ii) interest thereon
13at the effective rate for each year, compounded annually, from
14the date of service to the date of payment.
15    Subject to the limitation in subsection (i), a State
16policeman, conservation police officer, or investigator for
17the Secretary of State may elect to establish eligible
18creditable service for up to 5 years of service as a police
19officer under Article 3, a policeman under Article 5, a
20sheriff's law enforcement employee under Article 7, a member of
21the county police department under Article 9, or a police
22officer under Article 15 by filing a written election with the
23Board and paying to the System an amount to be determined by
24the Board, equal to (i) the difference between the amount of
25employee and employer contributions transferred to the System
26under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4

 

 

SB3119- 29 -LRB099 19663 RLC 44060 b

1and the amounts that would have been contributed had such
2contributions been made at the rates applicable to State
3policemen, plus (ii) interest thereon at the effective rate for
4each year, compounded annually, from the date of service to the
5date of payment.
6    Subject to the limitation in subsection (i), an
7investigator for the Office of the Attorney General, or an
8investigator for the Department of Revenue, may elect to
9establish eligible creditable service for up to 5 years of
10service as a police officer under Article 3, a policeman under
11Article 5, a sheriff's law enforcement employee under Article
127, or a member of the county police department under Article 9
13by filing a written election with the Board within 6 months
14after August 25, 2009 (the effective date of Public Act 96-745)
15and paying to the System an amount to be determined by the
16Board, equal to (i) the difference between the amount of
17employee and employer contributions transferred to the System
18under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
19amounts that would have been contributed had such contributions
20been made at the rates applicable to State policemen, plus (ii)
21interest thereon at the actuarially assumed rate for each year,
22compounded annually, from the date of service to the date of
23payment.
24    Subject to the limitation in subsection (i), a State
25policeman, conservation police officer, investigator for the
26Office of the Attorney General, an investigator for the

 

 

SB3119- 30 -LRB099 19663 RLC 44060 b

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

 

 

SB3119- 31 -LRB099 19663 RLC 44060 b

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

 

 

SB3119- 32 -LRB099 19663 RLC 44060 b

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

 

 

SB3119- 33 -LRB099 19663 RLC 44060 b

1effective date of this amendatory Act of the 94th General
2Assembly who are required by subsection (b) of Section 3-2.5-15
3of the Unified Code of Corrections to have a bachelor's or
4advanced degree from an accredited college or university with a
5specialization in criminal justice, education, psychology,
6social work, or a closely related social science or, in the
7case of persons who provide vocational training, who are
8required to have adequate knowledge in the skill for which they
9are providing the vocational training.
10    (n) A person employed in a position under subsection (b) of
11this Section who has purchased service credit under subsection
12(j) of Section 14-104 or subsection (b) of Section 14-105 in
13any other capacity under this Article may convert up to 5 years
14of that service credit into service credit covered under this
15Section by paying to the Fund an amount equal to (1) the
16additional employee contribution required under Section
1714-133, plus (2) the additional employer contribution required
18under Section 14-131, plus (3) interest on items (1) and (2) at
19the actuarially assumed rate from the date of the service to
20the date of payment.
21(Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09;
2296-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff.
237-2-10.)
 
24    Section 15. The Unified Code of Corrections is amended by
25changing Section 3-2.5-15 as follows:
 

 

 

SB3119- 34 -LRB099 19663 RLC 44060 b

1    (730 ILCS 5/3-2.5-15)
2    Sec. 3-2.5-15. Department of Juvenile Justice; assumption
3of duties of the Juvenile Division.
4    (a) The Department of Juvenile Justice shall assume the
5rights, powers, duties, and responsibilities of the Juvenile
6Division of the Department of Corrections. Personnel, books,
7records, property, and unencumbered appropriations pertaining
8to the Juvenile Division of the Department of Corrections shall
9be transferred to the Department of Juvenile Justice on the
10effective date of this amendatory Act of the 94th General
11Assembly. Any rights of employees or the State under the
12Personnel Code or any other contract or plan shall be
13unaffected by this transfer.
14    (b) Department of Juvenile Justice personnel who are hired
15by the Department on or after the effective date of this
16amendatory Act of the 94th General Assembly and who participate
17or assist in the rehabilitative and vocational training of
18delinquent youths, supervise the daily activities involving
19direct and continuing responsibility for the youth's security,
20welfare and development, or participate in the personal
21rehabilitation of delinquent youth by training, supervising,
22and assisting lower level personnel who perform these duties
23must be over the age of 21 and have a bachelor's or advanced
24degree from an accredited college or university with a
25specialization in criminal justice, education, psychology,

 

 

SB3119- 35 -LRB099 19663 RLC 44060 b

1social work, or a closely related social science or other
2bachelor's or advanced degree with at least 2 years experience
3in the field of juvenile matters. This requirement shall not
4apply to security, clerical, food service, and maintenance
5staff that do not have direct and regular contact with youth.
6The degree requirements specified in this subsection (b) are
7not required of persons who provide vocational training and who
8have adequate knowledge in the skill for which they are
9providing the vocational training.
10    (c) Subsection (b) of this Section does not apply to
11personnel transferred to the Department of Juvenile Justice on
12the effective date of this amendatory Act of the 94th General
13Assembly.
14    (d) The Department shall be under the direction of the
15Director of Juvenile Justice as provided in this Code.
16    (e) The Director shall organize divisions within the
17Department and shall assign functions, powers, duties, and
18personnel as required by law. The Director may create other
19divisions and may assign other functions, powers, duties, and
20personnel as may be necessary or desirable to carry out the
21functions and responsibilities vested by law in the Department.
22The Director may, with the approval of the Office of the
23Governor, assign to and share functions, powers, duties, and
24personnel with other State agencies such that administrative
25services and administrative facilities are provided by a shared
26administrative service center. Where possible, shared services

 

 

SB3119- 36 -LRB099 19663 RLC 44060 b

1which impact youth should be done with child-serving agencies.
2These administrative services may include, but are not limited
3to, all of the following functions: budgeting, accounting
4related functions, auditing, human resources, legal,
5procurement, training, data collection and analysis,
6information technology, internal investigations, intelligence,
7legislative services, emergency response capability, statewide
8transportation services, and general office support.
9    (f) The Department of Juvenile Justice may enter into
10intergovernmental cooperation agreements under which minors
11adjudicated delinquent and committed to the Department of
12Juvenile Justice may participate in county juvenile impact
13incarceration programs established under Section 3-6039 of the
14Counties Code.
15    (g) The Department of Juvenile Justice must comply with the
16ethnic and racial background data collection procedures
17provided in Section 4.5 of the Criminal Identification Act.
18(Source: P.A. 98-528, eff. 1-1-15; 98-689, eff. 1-1-15.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.