Illinois General Assembly - Full Text of SB1796
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Full Text of SB1796  102nd General Assembly

SB1796 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1796

 

Introduced 2/26/2021, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/14-110  from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-152.1

    Amends the State Employee Article of the Illinois Pension Code. Provides that a State policeman may elect to convert service credit earned under the Article to eligible creditable service under the alternative retirement annuity formula by filing a written election with the Board and making a specified contribution. Provides that the conversion of service credit to eligible creditable service is not subject to provisions that limit the amount of eligible creditable service that may be established to 12 years. Provides that a State policeman may elect to establish eligible creditable service under the alternative retirement annuity formula for up to 5 years of service as a person employed by a participating municipality to perform police duties under the Illinois Municipal Retirement Fund (IMRF) Article, a county corrections officer, or a court services officer under the Cook County Article by filing a written application with the Board and making a specified contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.


LRB102 14096 RPS 19448 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1796LRB102 14096 RPS 19448 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 14-110 and 14-152.1 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8    (a) Any member who has withdrawn from service with not
9less than 20 years of eligible creditable service and has
10attained age 55, and any member who has withdrawn from service
11with not less than 25 years of eligible creditable service and
12has attained age 50, regardless of whether the attainment of
13either of the specified ages occurs while the member is still
14in service, shall be entitled to receive at the option of the
15member, in lieu of the regular or minimum retirement annuity,
16a retirement annuity computed as follows:
17        (i) for periods of service as a noncovered employee:
18    if retirement occurs on or after January 1, 2001, 3% of
19    final average compensation for each year of creditable
20    service; if retirement occurs before January 1, 2001, 2
21    1/4% of final average compensation for each of the first
22    10 years of creditable service, 2 1/2% for each year above
23    10 years to and including 20 years of creditable service,

 

 

SB1796- 2 -LRB102 14096 RPS 19448 b

1    and 2 3/4% for each year of creditable service above 20
2    years; and
3        (ii) for periods of eligible creditable service as a
4    covered employee: if retirement occurs on or after January
5    1, 2001, 2.5% of final average compensation for each year
6    of creditable service; if retirement occurs before January
7    1, 2001, 1.67% of final average compensation for each of
8    the first 10 years of such service, 1.90% for each of the
9    next 10 years of such service, 2.10% for each year of such
10    service in excess of 20 but not exceeding 30, and 2.30% for
11    each year in excess of 30.
12    Such annuity shall be subject to a maximum of 75% of final
13average compensation if retirement occurs before January 1,
142001 or to a maximum of 80% of final average compensation if
15retirement occurs on or after January 1, 2001.
16    These rates shall not be applicable to any service
17performed by a member as a covered employee which is not
18eligible creditable service. Service as a covered employee
19which is not eligible creditable service shall be subject to
20the rates and provisions of Section 14-108.
21    (b) For the purpose of this Section, "eligible creditable
22service" means creditable service resulting from service in
23one or more of the following positions:
24        (1) State policeman;
25        (2) fire fighter in the fire protection service of a
26    department;

 

 

SB1796- 3 -LRB102 14096 RPS 19448 b

1        (3) air pilot;
2        (4) special agent;
3        (5) investigator for the Secretary of State;
4        (6) conservation police officer;
5        (7) investigator for the Department of Revenue or the
6    Illinois Gaming Board;
7        (8) security employee of the Department of Human
8    Services;
9        (9) Central Management Services security police
10    officer;
11        (10) security employee of the Department of
12    Corrections or the Department of Juvenile Justice;
13        (11) dangerous drugs investigator;
14        (12) investigator for the Department of State Police;
15        (13) investigator for the Office of the Attorney
16    General;
17        (14) controlled substance inspector;
18        (15) investigator for the Office of the State's
19    Attorneys Appellate Prosecutor;
20        (16) Commerce Commission police officer;
21        (17) arson investigator;
22        (18) State highway maintenance worker;
23        (19) security employee of the Department of Innovation
24    and Technology; or
25        (20) transferred employee.
26    A person employed in one of the positions specified in

 

 

SB1796- 4 -LRB102 14096 RPS 19448 b

1this subsection is entitled to eligible creditable service for
2service credit earned under this Article while undergoing the
3basic police training course approved by the Illinois Law
4Enforcement Training Standards Board, if completion of that
5training is required of persons serving in that position. For
6the purposes of this Code, service during the required basic
7police training course shall be deemed performance of the
8duties of the specified position, even though the person is
9not a sworn peace officer at the time of the training.
10    A person under paragraph (20) is entitled to eligible
11creditable service for service credit earned under this
12Article on and after his or her transfer by Executive Order No.
132003-10, Executive Order No. 2004-2, or Executive Order No.
142016-1.
15    (c) For the purposes of this Section:
16        (1) The term "State policeman" includes any title or
17    position in the Department of State Police that is held by
18    an individual employed under the State Police Act.
19        (2) The term "fire fighter in the fire protection
20    service of a department" includes all officers in such
21    fire protection service including fire chiefs and
22    assistant fire chiefs.
23        (3) The term "air pilot" includes any employee whose
24    official job description on file in the Department of
25    Central Management Services, or in the department by which
26    he is employed if that department is not covered by the

 

 

SB1796- 5 -LRB102 14096 RPS 19448 b

1    Personnel Code, states that his principal duty is the
2    operation of aircraft, and who possesses a pilot's
3    license; however, the change in this definition made by
4    this amendatory Act of 1983 shall not operate to exclude
5    any noncovered employee who was an "air pilot" for the
6    purposes of this Section on January 1, 1984.
7        (4) The term "special agent" means any person who by
8    reason of employment by the Division of Narcotic Control,
9    the Bureau of Investigation or, after July 1, 1977, the
10    Division of Criminal Investigation, the Division of
11    Internal Investigation, the Division of Operations, or any
12    other Division or organizational entity in the Department
13    of State Police is vested by law with duties to maintain
14    public order, investigate violations of the criminal law
15    of this State, enforce the laws of this State, make
16    arrests and recover property. The term "special agent"
17    includes any title or position in the Department of State
18    Police that is held by an individual employed under the
19    State Police Act.
20        (5) The term "investigator for the Secretary of State"
21    means any person employed by the Office of the Secretary
22    of State and vested with such investigative duties as
23    render him ineligible for coverage under the Social
24    Security Act by reason of Sections 218(d)(5)(A),
25    218(d)(8)(D) and 218(l)(1) of that Act.
26        A person who became employed as an investigator for

 

 

SB1796- 6 -LRB102 14096 RPS 19448 b

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

 

 

SB1796- 7 -LRB102 14096 RPS 19448 b

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.
4        (8) The term "security employee of the Department of
5    Human Services" means any person employed by the
6    Department of Human Services who (i) is employed at the
7    Chester Mental Health Center and has daily contact with
8    the residents thereof, (ii) is employed within a security
9    unit at a facility operated by the Department and has
10    daily contact with the residents of the security unit,
11    (iii) is employed at a facility operated by the Department
12    that includes a security unit and is regularly scheduled
13    to work at least 50% of his or her working hours within
14    that security unit, or (iv) is a mental health police
15    officer. "Mental health police officer" means any person
16    employed by the Department of Human Services in a position
17    pertaining to the Department's mental health and
18    developmental disabilities functions who is vested with
19    such law enforcement duties as render the person
20    ineligible for coverage under the Social Security Act by
21    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
22    218(l)(1) of that Act. "Security unit" means that portion
23    of a facility that is devoted to the care, containment,
24    and treatment of persons committed to the Department of
25    Human Services as sexually violent persons, persons unfit
26    to stand trial, or persons not guilty by reason of

 

 

SB1796- 8 -LRB102 14096 RPS 19448 b

1    insanity. With respect to past employment, references to
2    the Department of Human Services include its predecessor,
3    the Department of Mental Health and Developmental
4    Disabilities.
5        The changes made to this subdivision (c)(8) by Public
6    Act 92-14 apply to persons who retire on or after January
7    1, 2001, notwithstanding Section 1-103.1.
8        (9) "Central Management Services security police
9    officer" means any person employed by the Department of
10    Central Management Services who is vested with such law
11    enforcement 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.
14        (10) For a member who first became an employee under
15    this Article before July 1, 2005, the term "security
16    employee of the Department of Corrections or the
17    Department of Juvenile Justice" means any employee of the
18    Department of Corrections or the Department of Juvenile
19    Justice or the former Department of Personnel, and any
20    member or employee of the Prisoner Review Board, who has
21    daily contact with inmates or youth by working within a
22    correctional facility or Juvenile facility operated by the
23    Department of Juvenile Justice or who is a parole officer
24    or an employee who has direct contact with committed
25    persons in the performance of his or her job duties. For a
26    member who first becomes an employee under this Article on

 

 

SB1796- 9 -LRB102 14096 RPS 19448 b

1    or after July 1, 2005, the term means an employee of the
2    Department of Corrections or the Department of Juvenile
3    Justice who is any of the following: (i) officially
4    headquartered at a correctional facility or Juvenile
5    facility operated by the Department of Juvenile Justice,
6    (ii) a parole officer, (iii) a member of the apprehension
7    unit, (iv) a member of the intelligence unit, (v) a member
8    of the sort team, or (vi) an investigator.
9        (11) The term "dangerous drugs investigator" means any
10    person who is employed as such by the Department of Human
11    Services.
12        (12) The term "investigator for the Department of
13    State Police" means a person employed by the Department of
14    State Police who is vested under Section 4 of the Narcotic
15    Control Division Abolition Act with such law enforcement
16    powers as render him ineligible for coverage under the
17    Social Security Act by reason of Sections 218(d)(5)(A),
18    218(d)(8)(D) and 218(l)(1) of that Act.
19        (13) "Investigator for the Office of the Attorney
20    General" means any person who is employed as such by the
21    Office of the Attorney General and is vested with such
22    investigative duties as render him ineligible for coverage
23    under the Social Security Act by reason of Sections
24    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
25    the period before January 1, 1989, the term includes all
26    persons who were employed as investigators by the Office

 

 

SB1796- 10 -LRB102 14096 RPS 19448 b

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

 

 

SB1796- 11 -LRB102 14096 RPS 19448 b

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

 

 

SB1796- 12 -LRB102 14096 RPS 19448 b

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

 

 

SB1796- 13 -LRB102 14096 RPS 19448 b

1or the Department of Juvenile Justice, a security employee of
2the Department of Human Services who is not a mental health
3police officer, and a security employee of the Department of
4Innovation and Technology shall not be eligible for the
5alternative retirement annuity provided by this Section unless
6he or she meets the following minimum age and service
7requirements at the time of retirement:
8        (i) 25 years of eligible creditable service and age
9    55; 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

 

 

SB1796- 14 -LRB102 14096 RPS 19448 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
24the employee contributions that would have been required for
25such service as a noncovered employee, and the amount of
26employee contributions actually paid, plus (2) if payment is

 

 

SB1796- 15 -LRB102 14096 RPS 19448 b

1made after July 31, 1987, regular interest on the amount
2specified in item (1) from the date of service to the date of
3payment.
4    For purposes of calculating retirement annuities under
5this Section, periods of service rendered after December 31,
61968 and before January 1, 1982 as a covered employee in the
7position of investigator for the Department of Revenue shall
8be deemed to have been service as a noncovered employee,
9provided that the employee pays to the System prior to
10retirement an amount equal to (1) the difference between the
11employee contributions that would have been required for such
12service as a noncovered employee, and the amount of employee
13contributions actually paid, plus (2) if payment is made after
14January 1, 1990, regular interest on the amount specified in
15item (1) from the date of service to the date of payment.
16    (g) A State policeman may elect, not later than January 1,
171990, to establish eligible creditable service for up to 10
18years of his service as a policeman under Article 3, by filing
19a written election with the Board, accompanied by payment of
20an amount to be determined by the Board, equal to (i) the
21difference between the amount of employee and employer
22contributions transferred to the System under Section 3-110.5,
23and the amounts that would have been contributed had such
24contributions been made at the rates applicable to State
25policemen, plus (ii) interest thereon at the effective rate
26for each year, compounded annually, from the date of service

 

 

SB1796- 16 -LRB102 14096 RPS 19448 b

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

 

 

SB1796- 17 -LRB102 14096 RPS 19448 b

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

 

 

SB1796- 18 -LRB102 14096 RPS 19448 b

1under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
2and the amounts that would have been contributed had such
3contributions been made at the rates applicable to State
4policemen, plus (ii) interest thereon at the effective rate
5for each year, compounded annually, from the date of service
6to the date of payment.
7    Subject to the limitation in subsection (i), an
8investigator for the Office of the Attorney General, or an
9investigator for the Department of Revenue, may elect to
10establish eligible creditable service for up to 5 years of
11service as a police officer under Article 3, a policeman under
12Article 5, a sheriff's law enforcement employee under Article
137, or a member of the county police department under Article 9
14by filing a written election with the Board within 6 months
15after August 25, 2009 (the effective date of Public Act
1696-745) and paying to the System an amount to be determined by
17the Board, equal to (i) the difference between the amount of
18employee and employer contributions transferred to the System
19under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
20amounts that would have been contributed had such
21contributions been made at the rates applicable to State
22policemen, plus (ii) interest thereon at the actuarially
23assumed rate for each year, compounded annually, from the date
24of service to the date of payment.
25    Subject to the limitation in subsection (i), a State
26policeman, conservation police officer, investigator for the

 

 

SB1796- 19 -LRB102 14096 RPS 19448 b

1Office of the Attorney General, an investigator for the
2Department of Revenue, or investigator for the Secretary of
3State may elect to establish eligible creditable service for
4up to 5 years of service as a person employed by a
5participating municipality to perform police duties, or law
6enforcement officer employed on a full-time basis by a forest
7preserve district under Article 7, a county corrections
8officer, or a court services officer under Article 9, by
9filing a written election with the Board within 6 months after
10August 25, 2009 (the effective date of Public Act 96-745) and
11paying to the System an amount to be determined by the Board,
12equal to (i) the difference between the amount of employee and
13employer contributions transferred to the System under
14Sections 7-139.8 and 9-121.10 and the amounts that would have
15been contributed had such contributions been made at the rates
16applicable to State policemen, plus (ii) interest thereon at
17the actuarially assumed rate for each year, compounded
18annually, from the date of service to the date of payment.
19    Subject to the limitation in subsection (i), a State
20policeman may elect to establish eligible creditable service
21for up to 5 years of service as a person employed by a
22participating municipality to perform police duties under
23Article 7, a county corrections officer, or a court services
24officer under Article 9 by filing a written election with the
25Board within 6 months after the effective date of this
26amendatory Act of the 102nd General Assembly and paying to the

 

 

SB1796- 20 -LRB102 14096 RPS 19448 b

1System an amount to be determined by the Board equal to (i) the
2difference between the amount of employee and employer
3contributions transferred to the System under Sections 7-139.8
4and 9-121.10 and the amounts that would have been contributed
5had such contributions been made at the rates applicable to
6State policemen, plus (ii) interest thereon at the actuarially
7assumed rate for each year, compounded annually, from the date
8of service to the date of payment.
9    Notwithstanding the limitation in subsection (i), a State
10policeman may elect to convert service credit earned under
11this Article to eligible creditable service, as defined by
12this Section, by filing a written election with the Board
13within 6 months after the effective date of this amendatory
14Act of the 102nd General Assembly and paying to the System an
15amount to be determined by the Board equal to (i) the
16difference between the amount of employee contributions
17originally paid for that service and the amounts that would
18have been contributed had such contributions been made at the
19rates applicable to State policemen, plus (ii) the difference
20between the employer's normal cost of the credit prior to the
21conversion authorized by this amendatory Act of the 102nd
22General Assembly and the employer's normal cost of the credit
23converted in accordance with this amendatory Act of the 102nd
24General Assembly, plus (iii) interest thereon at the
25actuarially assumed rate for each year, compounded annually,
26from the date of service to the date of payment.

 

 

SB1796- 21 -LRB102 14096 RPS 19448 b

1    (i) The total amount of eligible creditable service
2established by any person under subsections (g), (h), (j),
3(k), (l), (l-5), and (o) of this Section shall not exceed 12
4years.
5    (j) Subject to the limitation in subsection (i), an
6investigator for the Office of the State's Attorneys Appellate
7Prosecutor or a controlled substance inspector may elect to
8establish eligible creditable service for up to 10 years of
9his service as a policeman under Article 3 or a sheriff's law
10enforcement employee under Article 7, by filing a written
11election with the Board, accompanied by payment of an amount
12to be determined by the Board, equal to (1) the difference
13between the amount of employee and employer contributions
14transferred to the System under Section 3-110.6 or 7-139.8,
15and the amounts that would have been contributed had such
16contributions been made at the rates applicable to State
17policemen, plus (2) interest thereon at the effective rate for
18each year, compounded annually, from the date of service to
19the date of payment.
20    (k) Subject to the limitation in subsection (i) of this
21Section, an alternative formula employee may elect to
22establish eligible creditable service for periods spent as a
23full-time law enforcement officer or full-time corrections
24officer employed by the federal government or by a state or
25local government located outside of Illinois, for which credit
26is not held in any other public employee pension fund or

 

 

SB1796- 22 -LRB102 14096 RPS 19448 b

1retirement system. To obtain this credit, the applicant must
2file a written application with the Board by March 31, 1998,
3accompanied by evidence of eligibility acceptable to the Board
4and payment of an amount to be determined by the Board, equal
5to (1) employee contributions for the credit being
6established, based upon the applicant's salary on the first
7day as an alternative formula employee after the employment
8for which credit is being established and the rates then
9applicable to alternative formula employees, plus (2) an
10amount determined by the Board to be the employer's normal
11cost of the benefits accrued for the credit being established,
12plus (3) regular interest on the amounts in items (1) and (2)
13from the first day as an alternative formula employee after
14the employment for which credit is being established to the
15date of payment.
16    (l) Subject to the limitation in subsection (i), a
17security employee of the Department of Corrections may elect,
18not later than July 1, 1998, to establish eligible creditable
19service for up to 10 years of his or her service as a policeman
20under Article 3, by filing a written election with the Board,
21accompanied by payment of an amount to be determined by the
22Board, equal to (i) the difference between the amount of
23employee and employer contributions transferred to the System
24under Section 3-110.5, and the amounts that would have been
25contributed had such contributions been made at the rates
26applicable to security employees of the Department of

 

 

SB1796- 23 -LRB102 14096 RPS 19448 b

1Corrections, plus (ii) interest thereon at the effective rate
2for each year, compounded annually, from the date of service
3to the date of payment.
4    (l-5) Subject to the limitation in subsection (i) of this
5Section, a State policeman may elect to establish eligible
6creditable service for up to 5 years of service as a full-time
7law enforcement officer employed by the federal government or
8by a state or local government located outside of Illinois for
9which credit is not held in any other public employee pension
10fund or retirement system. To obtain this credit, the
11applicant must file a written application with the Board no
12later than 3 years after the effective date of this amendatory
13Act of the 101st General Assembly, accompanied by evidence of
14eligibility acceptable to the Board and payment of an amount
15to be determined by the Board, equal to (1) employee
16contributions for the credit being established, based upon the
17applicant's salary on the first day as an alternative formula
18employee after the employment for which credit is being
19established and the rates then applicable to alternative
20formula employees, plus (2) an amount determined by the Board
21to be the employer's normal cost of the benefits accrued for
22the credit being established, plus (3) regular interest on the
23amounts in items (1) and (2) from the first day as an
24alternative formula employee after the employment for which
25credit is being established to the date of payment.
26    (m) The amendatory changes to this Section made by this

 

 

SB1796- 24 -LRB102 14096 RPS 19448 b

1amendatory Act of the 94th General Assembly apply only to: (1)
2security employees of the Department of Juvenile Justice
3employed by the Department of Corrections before the effective
4date of this amendatory Act of the 94th General Assembly and
5transferred to the Department of Juvenile Justice by this
6amendatory Act of the 94th General Assembly; and (2) persons
7employed by the Department of Juvenile Justice on or after the
8effective date of this amendatory Act of the 94th General
9Assembly who are required by subsection (b) of Section
103-2.5-15 of the Unified Code of Corrections to have any
11bachelor's or advanced degree from an accredited college or
12university or, in the case of persons who provide vocational
13training, who are required to have adequate knowledge in the
14skill for which they are providing the vocational training.
15    (n) A person employed in a position under subsection (b)
16of this Section who has purchased service credit under
17subsection (j) of Section 14-104 or subsection (b) of Section
1814-105 in any other capacity under this Article may convert up
19to 5 years of that service credit into service credit covered
20under this Section by paying to the Fund an amount equal to (1)
21the additional employee contribution required under Section
2214-133, plus (2) the additional employer contribution required
23under Section 14-131, plus (3) interest on items (1) and (2) at
24the actuarially assumed rate from the date of the service to
25the date of payment.
26    (o) Subject to the limitation in subsection (i), a

 

 

SB1796- 25 -LRB102 14096 RPS 19448 b

1conservation police officer, investigator for the Secretary of
2State, Commerce Commission police officer, investigator for
3the Department of Revenue or the Illinois Gaming Board, or
4arson investigator subject to subsection (g) of Section 1-160
5may elect to convert up to 8 years of service credit
6established before the effective date of this amendatory Act
7of the 101st General Assembly as a conservation police
8officer, investigator for the Secretary of State, Commerce
9Commission police officer, investigator for the Department of
10Revenue or the Illinois Gaming Board, or arson investigator
11under this Article into eligible creditable service by filing
12a written election with the Board no later than one year after
13the effective date of this amendatory Act of the 101st General
14Assembly, accompanied by payment of an amount to be determined
15by the Board equal to (i) the difference between the amount of
16the employee contributions actually paid for that service and
17the amount of the employee contributions that would have been
18paid had the employee contributions been made as a noncovered
19employee serving in a position in which eligible creditable
20service, as defined in this Section, may be earned, plus (ii)
21interest thereon at the effective rate for each year,
22compounded annually, from the date of service to the date of
23payment.
24(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18;
25101-610, eff. 1-1-20.)
 

 

 

SB1796- 26 -LRB102 14096 RPS 19448 b

1    (40 ILCS 5/14-152.1)
2    Sec. 14-152.1. Application and expiration of new benefit
3increases.
4    (a) As used in this Section, "new benefit increase" means
5an increase in the amount of any benefit provided under this
6Article, or an expansion of the conditions of eligibility for
7any benefit under this Article, that results from an amendment
8to this Code that takes effect after June 1, 2005 (the
9effective date of Public Act 94-4). "New benefit increase",
10however, does not include any benefit increase resulting from
11the changes made to Article 1 or this Article by Public Act
1296-37, Public Act 100-23, Public Act 100-587, Public Act
13100-611, Public Act 101-10, Public Act 101-610, or this
14amendatory Act of the 102nd General Assembly or this
15amendatory Act of the 101st General Assembly.
16    (b) Notwithstanding any other provision of this Code or
17any subsequent amendment to this Code, every new benefit
18increase is subject to this Section and shall be deemed to be
19granted only in conformance with and contingent upon
20compliance with the provisions of this Section.
21    (c) The Public Act enacting a new benefit increase must
22identify and provide for payment to the System of additional
23funding at least sufficient to fund the resulting annual
24increase in cost to the System as it accrues.
25    Every new benefit increase is contingent upon the General
26Assembly providing the additional funding required under this

 

 

SB1796- 27 -LRB102 14096 RPS 19448 b

1subsection. The Commission on Government Forecasting and
2Accountability shall analyze whether adequate additional
3funding has been provided for the new benefit increase and
4shall report its analysis to the Public Pension Division of
5the Department of Insurance. A new benefit increase created by
6a Public Act that does not include the additional funding
7required under this subsection is null and void. If the Public
8Pension Division determines that the additional funding
9provided for a new benefit increase under this subsection is
10or has become inadequate, it may so certify to the Governor and
11the State Comptroller and, in the absence of corrective action
12by the General Assembly, the new benefit increase shall expire
13at the end of the fiscal year in which the certification is
14made.
15    (d) Every new benefit increase shall expire 5 years after
16its effective date or on such earlier date as may be specified
17in the language enacting the new benefit increase or provided
18under subsection (c). This does not prevent the General
19Assembly from extending or re-creating a new benefit increase
20by law.
21    (e) Except as otherwise provided in the language creating
22the new benefit increase, a new benefit increase that expires
23under this Section continues to apply to persons who applied
24and qualified for the affected benefit while the new benefit
25increase was in effect and to the affected beneficiaries and
26alternate payees of such persons, but does not apply to any

 

 

SB1796- 28 -LRB102 14096 RPS 19448 b

1other person, including, without limitation, a person who
2continues in service after the expiration date and did not
3apply and qualify for the affected benefit while the new
4benefit increase was in effect.
5(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
6100-611, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff.
77-12-19; 101-610, eff. 1-1-20.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.