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Full Text of SB2104  102nd General Assembly

SB2104 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2104

 

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

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Pension Code. In the Downstate Firefighter Article, provides that an active member of the State Employees' Retirement System (SERS) who is an arson investigator may apply to transfer to SERS his or her credits and creditable service accumulated in any downstate firefighter pension fund. In the IMRF Article, provides that an active member of SERS who is a Commerce Commission police officer may apply to transfer to SERS his or her credits and creditable service in IMRF as a sheriff's law enforcement employee, person employed by a participating municipality to perform police duties, or law enforcement officer employed on a full-time basis by a forest preserve district. In the State Employees Article, provides that a State policeman, arson investigator, or Commerce Commission police officer 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 IMRF, 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 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. Makes other changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB102 12563 RPS 17901 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2104LRB102 12563 RPS 17901 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 adding
5Section 4-108.8 and by changing Sections 7-139.8, 14-110, and
614-152.1 as follows:
 
7    (40 ILCS 5/4-108.8 new)
8    Sec. 4-108.8. Transfer of creditable service to the State
9Employees' Retirement System.
10    (a) Any active member of the State Employees' Retirement
11System who is an arson investigator may apply for transfer of
12some or all of his or her credits and creditable service
13accumulated in any firefighters' pension fund under this
14Article to the State Employees' Retirement System in
15accordance with Section 14-110. The creditable service shall
16be transferred only upon payment by the firefighters' pension
17fund to the State Employees' Retirement System of an amount
18equal to:
19        (1) the amounts accumulated to the credit of the
20    applicant for the service to be transferred on file with
21    the fund on the date of transfer;
22        (2) employer contributions in an amount equal to the
23    amount determined under paragraph (1); and

 

 

SB2104- 2 -LRB102 12563 RPS 17901 b

1        (3) any interest paid by the applicant in order to
2    reinstate service to be transferred.
3    Participation in the firefighters' pension fund with
4respect to the service to be transferred shall terminate on
5the date of transfer.
6    (b) Any person applying to transfer service under this
7Section may reinstate service that was terminated by receipt
8of a refund, by paying to the firefighters' pension fund the
9amount of the refund with interest thereon at the actuarially
10assumed rate of interest, compounded annually, from the date
11of refund to the date of payment.
 
12    (40 ILCS 5/7-139.8)  (from Ch. 108 1/2, par. 7-139.8)
13    Sec. 7-139.8. Transfer to Article 14 System.
14    (a) Any active member of the State Employees' Retirement
15System who is a State policeman, an investigator for the
16Secretary of State, a conservation police officer, an
17investigator for the Office of the Attorney General, an
18investigator for the Department of Revenue, a Commerce
19Commission police officer, an investigator for the Office of
20the State's Attorneys Appellate Prosecutor, or a controlled
21substance inspector may apply for transfer of some or all of
22his or her credits and creditable service accumulated in this
23Fund for service as a sheriff's law enforcement employee,
24person employed by a participating municipality to perform
25police duties, or law enforcement officer employed on a

 

 

SB2104- 3 -LRB102 12563 RPS 17901 b

1full-time basis by a forest preserve district to the State
2Employees' Retirement System in accordance with Section
314-110. The creditable service shall be transferred only upon
4payment by this Fund to the State Employees' Retirement System
5of an amount equal to:
6        (1) the amounts accumulated to the credit of the
7    applicant for the service to be transferred, including
8    interest; and
9        (2) municipality credits based on such service,
10    including interest; and
11        (3) any interest paid by the applicant to reinstate
12    such service.
13Participation in this Fund as to any credits transferred under
14this Section shall terminate on the date of transfer.
15    (b) Any person applying to transfer service under this
16Section may reinstate credits and creditable service
17terminated upon receipt of a separation benefit, by paying to
18the Fund the amount of the separation benefit plus interest
19thereon at the actuarially assumed rate of interest to the
20date of payment.
21(Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
 
22    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
23    Sec. 14-110. Alternative retirement annuity.
24    (a) Any member who has withdrawn from service with not
25less than 20 years of eligible creditable service and has

 

 

SB2104- 4 -LRB102 12563 RPS 17901 b

1attained age 55, and any member who has withdrawn from service
2with not less than 25 years of eligible creditable service and
3has attained age 50, regardless of whether the attainment of
4either of the specified ages occurs while the member is still
5in service, shall be entitled to receive at the option of the
6member, in lieu of the regular or minimum retirement annuity,
7a retirement annuity computed as follows:
8        (i) for periods of service as a noncovered employee:
9    if retirement occurs on or after January 1, 2001, 3% of
10    final average compensation for each year of creditable
11    service; if retirement occurs before January 1, 2001, 2
12    1/4% of final average compensation for each of the first
13    10 years of creditable service, 2 1/2% for each year above
14    10 years to and including 20 years of creditable service,
15    and 2 3/4% for each year of creditable service above 20
16    years; and
17        (ii) for periods of eligible creditable service as a
18    covered employee: if retirement occurs on or after January
19    1, 2001, 2.5% of final average compensation for each year
20    of creditable service; if retirement occurs before January
21    1, 2001, 1.67% of final average compensation for each of
22    the first 10 years of such service, 1.90% for each of the
23    next 10 years of such service, 2.10% for each year of such
24    service in excess of 20 but not exceeding 30, and 2.30% for
25    each year in excess of 30.
26    Such annuity shall be subject to a maximum of 75% of final

 

 

SB2104- 5 -LRB102 12563 RPS 17901 b

1average compensation if retirement occurs before January 1,
22001 or to a maximum of 80% of final average compensation if
3retirement occurs on or after January 1, 2001.
4    These rates shall not be applicable to any service
5performed by a member as a covered employee which is not
6eligible creditable service. Service as a covered employee
7which is not eligible creditable service shall be subject to
8the rates and provisions of Section 14-108.
9    (b) For the purpose of this Section, "eligible creditable
10service" means creditable service resulting from service in
11one or more of the following positions:
12        (1) State policeman;
13        (2) fire fighter in the fire protection service of a
14    department;
15        (3) air pilot;
16        (4) special agent;
17        (5) investigator for the Secretary of State;
18        (6) conservation police officer;
19        (7) investigator for the Department of Revenue or the
20    Illinois Gaming Board;
21        (8) security employee of the Department of Human
22    Services;
23        (9) Central Management Services security police
24    officer;
25        (10) security employee of the Department of
26    Corrections or the Department of Juvenile Justice;

 

 

SB2104- 6 -LRB102 12563 RPS 17901 b

1        (11) dangerous drugs investigator;
2        (12) investigator for the Department of State Police;
3        (13) investigator for the Office of the Attorney
4    General;
5        (14) controlled substance inspector;
6        (15) investigator for the Office of the State's
7    Attorneys Appellate Prosecutor;
8        (16) Commerce Commission police officer;
9        (17) arson investigator;
10        (18) State highway maintenance worker;
11        (19) security employee of the Department of Innovation
12    and Technology; or
13        (20) transferred employee.
14    A person employed in one of the positions specified in
15this subsection is entitled to eligible creditable service for
16service credit earned under this Article while undergoing the
17basic police training course approved by the Illinois Law
18Enforcement Training Standards Board, if completion of that
19training is required of persons serving in that position. For
20the purposes of this Code, service during the required basic
21police training course shall be deemed performance of the
22duties of the specified position, even though the person is
23not a sworn peace officer at the time of the training.
24    A person under paragraph (20) is entitled to eligible
25creditable service for service credit earned under this
26Article on and after his or her transfer by Executive Order No.

 

 

SB2104- 7 -LRB102 12563 RPS 17901 b

12003-10, Executive Order No. 2004-2, or Executive Order No.
22016-1.
3    (c) For the purposes of this Section:
4        (1) The term "State policeman" includes any title or
5    position in the Department of State Police that is held by
6    an individual employed under the State Police Act.
7        (2) The term "fire fighter in the fire protection
8    service of a department" includes all officers in such
9    fire protection service including fire chiefs and
10    assistant fire chiefs.
11        (3) The term "air pilot" includes any employee whose
12    official job description on file in the Department of
13    Central Management Services, or in the department by which
14    he is employed if that department is not covered by the
15    Personnel Code, states that his principal duty is the
16    operation of aircraft, and who possesses a pilot's
17    license; however, the change in this definition made by
18    this amendatory Act of 1983 shall not operate to exclude
19    any noncovered employee who was an "air pilot" for the
20    purposes of this Section on January 1, 1984.
21        (4) The term "special agent" means any person who by
22    reason of employment by the Division of Narcotic Control,
23    the Bureau of Investigation or, after July 1, 1977, the
24    Division of Criminal Investigation, the Division of
25    Internal Investigation, the Division of Operations, or any
26    other Division or organizational entity in the Department

 

 

SB2104- 8 -LRB102 12563 RPS 17901 b

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

 

 

SB2104- 9 -LRB102 12563 RPS 17901 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. The
3    term "Conservation Police Officer" includes the positions
4    of Chief Conservation Police Administrator and Assistant
5    Conservation Police Administrator.
6        (7) The term "investigator for the Department of
7    Revenue" means any person employed by the Department of
8    Revenue and vested with such investigative duties as
9    render him ineligible for coverage under the Social
10    Security Act by reason of Sections 218(d)(5)(A),
11    218(d)(8)(D) and 218(l)(1) of that Act.
12        The term "investigator for the Illinois Gaming Board"
13    means any person employed as such by the Illinois Gaming
14    Board and vested with such peace officer 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.
18        (8) The term "security employee of the Department of
19    Human Services" means any person employed by the
20    Department of Human Services who (i) is employed at the
21    Chester Mental Health Center and has daily contact with
22    the residents thereof, (ii) is employed within a security
23    unit at a facility operated by the Department and has
24    daily contact with the residents of the security unit,
25    (iii) is employed at a facility operated by the Department
26    that includes a security unit and is regularly scheduled

 

 

SB2104- 10 -LRB102 12563 RPS 17901 b

1    to work at least 50% of his or her working hours within
2    that security unit, or (iv) is a mental health police
3    officer. "Mental health police officer" means any person
4    employed by the Department of Human Services in a position
5    pertaining to the Department's mental health and
6    developmental disabilities functions who is vested with
7    such law enforcement duties as render the person
8    ineligible for coverage under the Social Security Act by
9    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
10    218(l)(1) of that Act. "Security unit" means that portion
11    of a facility that is devoted to the care, containment,
12    and treatment of persons committed to the Department of
13    Human Services as sexually violent persons, persons unfit
14    to stand trial, or persons not guilty by reason of
15    insanity. With respect to past employment, references to
16    the Department of Human Services include its predecessor,
17    the Department of Mental Health and Developmental
18    Disabilities.
19        The changes made to this subdivision (c)(8) by Public
20    Act 92-14 apply to persons who retire on or after January
21    1, 2001, notwithstanding Section 1-103.1.
22        (9) "Central Management Services security police
23    officer" means any person employed by the Department of
24    Central Management Services who is vested with such law
25    enforcement duties as render him ineligible for coverage
26    under the Social Security Act by reason of Sections

 

 

SB2104- 11 -LRB102 12563 RPS 17901 b

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

 

 

SB2104- 12 -LRB102 12563 RPS 17901 b

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

 

 

SB2104- 13 -LRB102 12563 RPS 17901 b

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

 

 

SB2104- 14 -LRB102 12563 RPS 17901 b

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

 

 

SB2104- 15 -LRB102 12563 RPS 17901 b

1    Innovation and Technology" means a person who was a
2    security employee of the Department of Corrections or the
3    Department of Juvenile Justice, was transferred to the
4    Department of Innovation and Technology pursuant to
5    Executive Order 2016-01, and continues to perform similar
6    job functions under that Department.
7        (20) "Transferred employee" means an employee who was
8    transferred to the Department of Central Management
9    Services by Executive Order No. 2003-10 or Executive Order
10    No. 2004-2 or transferred to the Department of Innovation
11    and Technology by Executive Order No. 2016-1, or both, and
12    was entitled to eligible creditable service for services
13    immediately preceding the transfer.
14    (d) A security employee of the Department of Corrections
15or the Department of Juvenile Justice, a security employee of
16the Department of Human Services who is not a mental health
17police officer, and a security employee of the Department of
18Innovation and Technology shall not be eligible for the
19alternative retirement annuity provided by this Section unless
20he or she meets the following minimum age and service
21requirements at the time of retirement:
22        (i) 25 years of eligible creditable service and age
23    55; or
24        (ii) beginning January 1, 1987, 25 years of eligible
25    creditable service and age 54, or 24 years of eligible
26    creditable service and age 55; or

 

 

SB2104- 16 -LRB102 12563 RPS 17901 b

1        (iii) beginning January 1, 1988, 25 years of eligible
2    creditable service and age 53, or 23 years of eligible
3    creditable service and age 55; or
4        (iv) beginning January 1, 1989, 25 years of eligible
5    creditable service and age 52, or 22 years of eligible
6    creditable service and age 55; or
7        (v) beginning January 1, 1990, 25 years of eligible
8    creditable service and age 51, or 21 years of eligible
9    creditable service and age 55; or
10        (vi) beginning January 1, 1991, 25 years of eligible
11    creditable service and age 50, or 20 years of eligible
12    creditable service and age 55.
13    Persons who have service credit under Article 16 of this
14Code for service as a security employee of the Department of
15Corrections or the Department of Juvenile Justice, or the
16Department of Human Services in a position requiring
17certification as a teacher may count such service toward
18establishing their eligibility under the service requirements
19of this Section; but such service may be used only for
20establishing such eligibility, and not for the purpose of
21increasing or calculating any benefit.
22    (e) If a member enters military service while working in a
23position in which eligible creditable service may be earned,
24and returns to State service in the same or another such
25position, and fulfills in all other respects the conditions
26prescribed in this Article for credit for military service,

 

 

SB2104- 17 -LRB102 12563 RPS 17901 b

1such military service shall be credited as eligible creditable
2service for the purposes of the retirement annuity prescribed
3in this Section.
4    (f) For purposes of calculating retirement annuities under
5this Section, periods of service rendered after December 31,
61968 and before October 1, 1975 as a covered employee in the
7position of special agent, conservation police officer, mental
8health police officer, or investigator for the Secretary of
9State, shall be deemed to have been service as a noncovered
10employee, provided that the employee pays to the System prior
11to retirement an amount equal to (1) the difference between
12the employee contributions that would have been required for
13such service as a noncovered employee, and the amount of
14employee contributions actually paid, plus (2) if payment is
15made after July 31, 1987, regular interest on the amount
16specified in item (1) from the date of service to the date of
17payment.
18    For purposes of calculating retirement annuities under
19this Section, periods of service rendered after December 31,
201968 and before January 1, 1982 as a covered employee in the
21position of investigator for the Department of Revenue shall
22be deemed to have been service as a noncovered employee,
23provided that the employee pays to the System prior to
24retirement an amount equal to (1) the difference between the
25employee contributions that would have been required for such
26service as a noncovered employee, and the amount of employee

 

 

SB2104- 18 -LRB102 12563 RPS 17901 b

1contributions actually paid, plus (2) if payment is made after
2January 1, 1990, regular interest on the amount specified in
3item (1) from the date of service to the date of payment.
4    (g) A State policeman may elect, not later than January 1,
51990, to establish eligible creditable service for up to 10
6years of his service as a policeman under Article 3, by filing
7a written election with the Board, accompanied by payment of
8an amount to be determined by the Board, equal to (i) the
9difference between the amount of employee and employer
10contributions transferred to the System under Section 3-110.5,
11and the amounts that would have been contributed had such
12contributions been made at the rates applicable to State
13policemen, plus (ii) interest thereon at the effective rate
14for each year, compounded annually, from the date of service
15to the date of payment.
16    Subject to the limitation in subsection (i), a State
17policeman may elect, not later than July 1, 1993, to establish
18eligible creditable service for up to 10 years of his service
19as a member of the County Police Department under Article 9, by
20filing a written election with the Board, accompanied by
21payment of an amount to be determined by the Board, equal to
22(i) the difference between the amount of employee and employer
23contributions transferred to the System under Section 9-121.10
24and the amounts that would have been contributed had those
25contributions been made at the rates applicable to State
26policemen, plus (ii) interest thereon at the effective rate

 

 

SB2104- 19 -LRB102 12563 RPS 17901 b

1for each year, compounded annually, from the date of service
2to the date of payment.
3    (h) Subject to the limitation in subsection (i), a State
4policeman or investigator for the Secretary of State may elect
5to establish eligible creditable service for up to 12 years of
6his service as a policeman under Article 5, by filing a written
7election with the Board on or before January 31, 1992, 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 5-236, and the amounts that would
12have been contributed had such contributions been made at the
13rates 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 10 years of service as a sheriff's
20law enforcement employee under Article 7, by filing a written
21election with the Board on or before January 31, 1993, and
22paying to the System by January 31, 1994 an amount to be
23determined by the Board, equal to (i) the difference between
24the amount of employee and employer contributions transferred
25to the System under Section 7-139.7, and the amounts that
26would have been contributed had such contributions been made

 

 

SB2104- 20 -LRB102 12563 RPS 17901 b

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

 

 

SB2104- 21 -LRB102 12563 RPS 17901 b

17, or a member of the county police department under Article 9
2by filing a written election with the Board within 6 months
3after August 25, 2009 (the effective date of Public Act
496-745) and paying to the System an amount to be determined by
5the Board, equal to (i) the difference between the amount of
6employee and employer contributions transferred to the System
7under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
8amounts that would have been contributed had such
9contributions been made at the rates applicable to State
10policemen, plus (ii) interest thereon at the actuarially
11assumed rate for each year, compounded annually, from the date
12of service to the date of payment.
13    Subject to the limitation in subsection (i), a State
14policeman, conservation police officer, investigator for the
15Office of the Attorney General, an investigator for the
16Department of Revenue, or investigator for the Secretary of
17State may elect to establish eligible creditable service for
18up to 5 years of service as a person employed by a
19participating municipality to perform police duties, or law
20enforcement officer employed on a full-time basis by a forest
21preserve district under Article 7, a county corrections
22officer, or a court services officer under Article 9, by
23filing a written election with the Board within 6 months after
24August 25, 2009 (the effective date of Public Act 96-745) and
25paying to the System an amount to be determined by the Board,
26equal to (i) the difference between the amount of employee and

 

 

SB2104- 22 -LRB102 12563 RPS 17901 b

1employer contributions transferred to the System under
2Sections 7-139.8 and 9-121.10 and the amounts that would have
3been contributed had such contributions been made at the rates
4applicable to State policemen, plus (ii) interest thereon at
5the actuarially assumed rate for each year, compounded
6annually, from the date of service to the date of payment.
7    Subject to the limitation in subsection (i), a State
8policeman, arson investigator, or Commerce Commission police
9officer may elect to establish eligible creditable service for
10up to 5 years of service as a person employed by a
11participating municipality to perform police duties under
12Article 7, a county corrections officer, a court services
13officer under Article 9, or a firefighter under Article 4 by
14filing a written election with the Board within 6 months after
15the effective date of this amendatory Act of the 102nd General
16Assembly 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 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts
20that would have been contributed had such contributions been
21made at the rates applicable to State policemen, plus (ii)
22interest thereon at the actuarially assumed rate for each
23year, compounded annually, from the date of service to the
24date of payment.
25    Notwithstanding the limitation in subsection (i), a State
26policeman may elect to convert service credit earned under

 

 

SB2104- 23 -LRB102 12563 RPS 17901 b

1this Article to eligible creditable service, as defined by
2this Section, by filing a written election with the board
3within 6 months after the effective date of this amendatory
4Act of the 102nd General Assembly and paying to the System an
5amount to be determined by the Board equal to (i) the
6difference between the amount of employee contributions
7originally paid for that service and the amounts that would
8have been contributed had such contributions been made at the
9rates applicable to State policemen, plus (ii) the difference
10between the employer's normal cost of the credit prior to the
11conversion authorized by this amendatory Act of the 102nd
12General Assembly and the employer's normal cost of the credit
13converted in accordance with this amendatory Act of the 102nd
14General Assembly, plus (iii) interest thereon at the
15actuarially assumed rate for each year, compounded annually,
16from the date of service to the date of payment.
17    (i) The total amount of eligible creditable service
18established by any person under subsections (g), (h), (j),
19(k), (l), (l-5), and (o) of this Section shall not exceed 12
20years.
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
25his service as a policeman under Article 3 or a sheriff's law
26enforcement employee under Article 7, by filing a written

 

 

SB2104- 24 -LRB102 12563 RPS 17901 b

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

 

 

SB2104- 25 -LRB102 12563 RPS 17901 b

1cost of the benefits accrued for the credit being established,
2plus (3) regular interest on the amounts in items (1) and (2)
3from the first day as an alternative formula employee after
4the employment for which credit is being established to the
5date of payment.
6    (l) Subject to the limitation in subsection (i), a
7security employee of the Department of Corrections may elect,
8not later than July 1, 1998, to establish eligible creditable
9service for up to 10 years of his or her service as a policeman
10under Article 3, by filing a written election with the Board,
11accompanied by payment of an amount to be determined by the
12Board, equal to (i) the difference between the amount of
13employee and employer contributions transferred to the System
14under Section 3-110.5, and the amounts that would have been
15contributed had such contributions been made at the rates
16applicable to security employees of the Department of
17Corrections, plus (ii) interest thereon at the effective rate
18for each year, compounded annually, from the date of service
19to the date of payment.
20    (l-5) Subject to the limitation in subsection (i) of this
21Section, a State policeman may elect to establish eligible
22creditable service for up to 5 years of service as a full-time
23law enforcement officer employed by the federal government or
24by a state or local government located outside of Illinois for
25which credit is not held in any other public employee pension
26fund or retirement system. To obtain this credit, the

 

 

SB2104- 26 -LRB102 12563 RPS 17901 b

1applicant must file a written application with the Board no
2later than 3 years after the effective date of this amendatory
3Act of the 101st General Assembly, accompanied by evidence of
4eligibility acceptable to the Board and payment of an amount
5to be determined by the Board, equal to (1) employee
6contributions for the credit being established, based upon the
7applicant's salary on the first day as an alternative formula
8employee after the employment for which credit is being
9established and the rates then applicable to alternative
10formula employees, plus (2) an amount determined by the Board
11to be the employer's normal cost of the benefits accrued for
12the credit being established, plus (3) regular interest on the
13amounts in items (1) and (2) from the first day as an
14alternative formula employee after the employment for which
15credit is being established to the date of payment.
16    (m) The amendatory changes to this Section made by this
17amendatory Act of the 94th General Assembly apply only to: (1)
18security employees of the Department of Juvenile Justice
19employed by the Department of Corrections before the effective
20date of this amendatory Act of the 94th General Assembly and
21transferred to the Department of Juvenile Justice by this
22amendatory Act of the 94th General Assembly; and (2) persons
23employed by the Department of Juvenile Justice on or after the
24effective date of this amendatory Act of the 94th General
25Assembly who are required by subsection (b) of Section
263-2.5-15 of the Unified Code of Corrections to have any

 

 

SB2104- 27 -LRB102 12563 RPS 17901 b

1bachelor's or advanced degree from an accredited college or
2university or, in the case of persons who provide vocational
3training, who are required to have adequate knowledge in the
4skill for which they are providing the vocational training.
5    (n) A person employed in a position under subsection (b)
6of this Section who has purchased service credit under
7subsection (j) of Section 14-104 or subsection (b) of Section
814-105 in any other capacity under this Article may convert up
9to 5 years of that service credit into service credit covered
10under this Section by paying to the Fund an amount equal to (1)
11the additional employee contribution required under Section
1214-133, plus (2) the additional employer contribution required
13under Section 14-131, plus (3) interest on items (1) and (2) at
14the actuarially assumed rate from the date of the service to
15the date of payment.
16    (o) Subject to the limitation in subsection (i), a
17conservation police officer, investigator for the Secretary of
18State, Commerce Commission police officer, investigator for
19the Department of Revenue or the Illinois Gaming Board, or
20arson investigator subject to subsection (g) of Section 1-160
21may elect to convert up to 8 years of service credit
22established before the effective date of this amendatory Act
23of the 101st General Assembly as a conservation police
24officer, investigator for the Secretary of State, Commerce
25Commission police officer, investigator for the Department of
26Revenue or the Illinois Gaming Board, or arson investigator

 

 

SB2104- 28 -LRB102 12563 RPS 17901 b

1under this Article into eligible creditable service by filing
2a written election with the Board no later than one year after
3the effective date of this amendatory Act of the 101st General
4Assembly, accompanied by payment of an amount to be determined
5by the Board equal to (i) the difference between the amount of
6the employee contributions actually paid for that service and
7the amount of the employee contributions that would have been
8paid had the employee contributions been made as a noncovered
9employee serving in a position in which eligible creditable
10service, as defined in this Section, may be earned, plus (ii)
11interest thereon at the effective rate for each year,
12compounded annually, from the date of service to the date of
13payment.
14(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18;
15101-610, eff. 1-1-20.)
 
16    (40 ILCS 5/14-152.1)
17    Sec. 14-152.1. Application and expiration of new benefit
18increases.
19    (a) As used in this Section, "new benefit increase" means
20an increase in the amount of any benefit provided under this
21Article, or an expansion of the conditions of eligibility for
22any benefit under this Article, that results from an amendment
23to this Code that takes effect after June 1, 2005 (the
24effective date of Public Act 94-4). "New benefit increase",
25however, does not include any benefit increase resulting from

 

 

SB2104- 29 -LRB102 12563 RPS 17901 b

1the changes made to Article 1 or this Article by Public Act
296-37, Public Act 100-23, Public Act 100-587, Public Act
3100-611, Public Act 101-10, Public Act 101-610, or this
4amendatory Act of the 102nd General Assembly or this
5amendatory Act of the 101st General Assembly.
6    (b) Notwithstanding any other provision of this Code or
7any subsequent amendment to this Code, every new benefit
8increase is subject to this Section and shall be deemed to be
9granted only in conformance with and contingent upon
10compliance with the provisions of this Section.
11    (c) The Public Act enacting a new benefit increase must
12identify and provide for payment to the System of additional
13funding at least sufficient to fund the resulting annual
14increase in cost to the System as it accrues.
15    Every new benefit increase is contingent upon the General
16Assembly providing the additional funding required under this
17subsection. The Commission on Government Forecasting and
18Accountability shall analyze whether adequate additional
19funding has been provided for the new benefit increase and
20shall report its analysis to the Public Pension Division of
21the Department of Insurance. A new benefit increase created by
22a Public Act that does not include the additional funding
23required under this subsection is null and void. If the Public
24Pension Division determines that the additional funding
25provided for a new benefit increase under this subsection is
26or has become inadequate, it may so certify to the Governor and

 

 

SB2104- 30 -LRB102 12563 RPS 17901 b

1the State Comptroller and, in the absence of corrective action
2by the General Assembly, the new benefit increase shall expire
3at the end of the fiscal year in which the certification is
4made.
5    (d) Every new benefit increase shall expire 5 years after
6its effective date or on such earlier date as may be specified
7in the language enacting the new benefit increase or provided
8under subsection (c). This does not prevent the General
9Assembly from extending or re-creating a new benefit increase
10by law.
11    (e) Except as otherwise provided in the language creating
12the new benefit increase, a new benefit increase that expires
13under this Section continues to apply to persons who applied
14and qualified for the affected benefit while the new benefit
15increase was in effect and to the affected beneficiaries and
16alternate payees of such persons, but does not apply to any
17other person, including, without limitation, a person who
18continues in service after the expiration date and did not
19apply and qualify for the affected benefit while the new
20benefit increase was in effect.
21(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
22100-611, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff.
237-12-19; 101-610, eff. 1-1-20.)
 
24    Section 90. The State Mandates Act is amended by adding
25Section 8.45 as follows:
 

 

 

SB2104- 31 -LRB102 12563 RPS 17901 b

1    (30 ILCS 805/8.45 new)
2    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
38 of this Act, no reimbursement by the State is required for
4the implementation of any mandate created by this amendatory
5Act of the 102nd General Assembly.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.

 

 

SB2104- 32 -LRB102 12563 RPS 17901 b

1 INDEX
2 Statutes amended in order of appearance
3    40 ILCS 5/4-108.8 new
4    40 ILCS 5/7-139.8from Ch. 108 1/2, par. 7-139.8
5    40 ILCS 5/14-110from Ch. 108 1/2, par. 14-110
6    40 ILCS 5/14-152.1
7    30 ILCS 805/8.45 new