Illinois General Assembly - Full Text of SB3778
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Full Text of SB3778  102nd General Assembly

SB3778enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3778 EnrolledLRB102 23771 RPS 32962 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 4-108.8, 7-139.8, 9-121.10, 14-110, and
614-152.1 as follows:
 
7    (40 ILCS 5/4-108.8)
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, investigator for the
12Department of Revenue, investigator for the Illinois Gaming
13Board, or investigator for the Secretary of State may apply
14for transfer of some or all of his or her credits and
15creditable service accumulated in any firefighters' pension
16fund under this Article to the State Employees' Retirement
17System in accordance with Section 14-110. The creditable
18service shall be transferred only upon payment by the
19firefighters' pension fund to the State Employees' Retirement
20System of an amount equal to:
21        (1) the amounts accumulated to the credit of the
22    applicant for the service to be transferred on file with
23    the fund on the date of transfer;

 

 

SB3778 Enrolled- 2 -LRB102 23771 RPS 32962 b

1        (2) employer contributions in an amount equal to the
2    amount determined under paragraph (1); and
3        (3) any interest paid by the applicant in order to
4    reinstate service to be transferred.
5    Participation in the firefighters' pension fund with
6respect to the service to be transferred shall terminate on
7the date of transfer.
8    (b) Any person applying to transfer service under this
9Section may reinstate service that was terminated by receipt
10of a refund, by paying to the firefighters' pension fund the
11amount of the refund with interest thereon at the actuarially
12assumed rate of interest, compounded annually, from the date
13of refund to the date of payment.
14(Source: P.A. 102-210, eff. 7-30-21.)
 
15    (40 ILCS 5/7-139.8)  (from Ch. 108 1/2, par. 7-139.8)
16    Sec. 7-139.8. Transfer to Article 14 System.
17    (a) Any active member of the State Employees' Retirement
18System who is a State policeman, an investigator for the
19Secretary of State, a conservation police officer, an
20investigator for the Office of the Attorney General, an
21investigator for the Department of Revenue, an investigator
22for the Illinois Gaming Board, an arson investigator, a
23Commerce Commission police officer, an investigator for the
24Office of the State's Attorneys Appellate Prosecutor, or a
25controlled substance inspector may apply for transfer of some

 

 

SB3778 Enrolled- 3 -LRB102 23771 RPS 32962 b

1or all of his or her credits and creditable service
2accumulated in this Fund for service as a sheriff's law
3enforcement employee, person employed by a participating
4municipality to perform police duties, or law enforcement
5officer employed on a full-time basis by a forest preserve
6district to the State Employees' Retirement System in
7accordance with Section 14-110. The creditable service shall
8be transferred only upon payment by this Fund to the State
9Employees' Retirement System of an amount equal to:
10        (1) the amounts accumulated to the credit of the
11    applicant for the service to be transferred, including
12    interest; and
13        (2) municipality credits based on such service,
14    including interest; and
15        (3) any interest paid by the applicant to reinstate
16    such service.
17Participation in this Fund as to any credits transferred under
18this Section shall terminate on the date of transfer.
19    (b) Any person applying to transfer service under this
20Section may reinstate credits and creditable service
21terminated upon receipt of a separation benefit, by paying to
22the Fund the amount of the separation benefit plus interest
23thereon at the actuarially assumed rate of interest to the
24date of payment.
25(Source: P.A. 102-210, eff. 7-30-21.)
 

 

 

SB3778 Enrolled- 4 -LRB102 23771 RPS 32962 b

1    (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)
2    Sec. 9-121.10. Transfer to Article 14.
3    (a) Any active member of the State Employees' Retirement
4System who is a State policeman, investigator for the Office
5of the Attorney General, an investigator for the Department of
6Revenue, investigator for the Illinois Gaming Board, arson
7investigator, investigator for the Secretary of State, or
8conservation police officer may apply for transfer of some or
9all of his creditable service as a member of the County Police
10Department, a county corrections officer, or a court services
11officer accumulated under this Article to the State Employees'
12Retirement System in accordance with Section 14-110. At the
13time of the transfer the Fund shall pay to the State Employees'
14Retirement System an amount equal to:
15        (1) the amounts accumulated to the credit of the
16    applicant on the books of the Fund on the date of transfer
17    for the service to be transferred; and
18        (2) the corresponding municipality credits, including
19    interest, on the books of the Fund on the date of transfer;
20    and
21        (3) any interest paid by the applicant in order to
22    reinstate such service.
23Participation in this Fund with respect to the credits
24transferred shall terminate on the date of transfer.
25    (b) Any person applying to transfer service under this
26Section may reinstate credit for service as a member of the

 

 

SB3778 Enrolled- 5 -LRB102 23771 RPS 32962 b

1County Police Department that was terminated by receipt of a
2refund, by paying to the Fund the amount of the refund with
3interest thereon at the actuarially assumed rate of interest,
4compounded annually, from the date of refund to the date of
5payment.
6(Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
 
7    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
8    Sec. 14-110. Alternative retirement annuity.
9    (a) Any member who has withdrawn from service with not
10less than 20 years of eligible creditable service and has
11attained age 55, and any member who has withdrawn from service
12with not less than 25 years of eligible creditable service and
13has attained age 50, regardless of whether the attainment of
14either of the specified ages occurs while the member is still
15in service, shall be entitled to receive at the option of the
16member, in lieu of the regular or minimum retirement annuity,
17a retirement annuity computed as follows:
18        (i) for periods of service as a noncovered employee:
19    if retirement occurs on or after January 1, 2001, 3% of
20    final average compensation for each year of creditable
21    service; if retirement occurs before January 1, 2001, 2
22    1/4% of final average compensation for each of the first
23    10 years of creditable service, 2 1/2% for each year above
24    10 years to and including 20 years of creditable service,
25    and 2 3/4% for each year of creditable service above 20

 

 

SB3778 Enrolled- 6 -LRB102 23771 RPS 32962 b

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

 

 

SB3778 Enrolled- 7 -LRB102 23771 RPS 32962 b

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

 

 

SB3778 Enrolled- 8 -LRB102 23771 RPS 32962 b

1service credit earned under this Article while undergoing the
2basic police training course approved by the Illinois Law
3Enforcement Training Standards Board, if completion of that
4training is required of persons serving in that position. For
5the purposes of this Code, service during the required basic
6police training course shall be deemed performance of the
7duties of the specified position, even though the person is
8not a sworn peace officer at the time of the training.
9    A person under paragraph (20) is entitled to eligible
10creditable service for service credit earned under this
11Article on and after his or her transfer by Executive Order No.
122003-10, Executive Order No. 2004-2, or Executive Order No.
132016-1.
14    (c) For the purposes of this Section:
15        (1) The term "State policeman" includes any title or
16    position in the Illinois State Police that is held by an
17    individual employed under the Illinois State Police Act.
18        (2) The term "fire fighter in the fire protection
19    service of a department" includes all officers in such
20    fire protection service including fire chiefs and
21    assistant fire chiefs.
22        (3) The term "air pilot" includes any employee whose
23    official job description on file in the Department of
24    Central Management Services, or in the department by which
25    he is employed if that department is not covered by the
26    Personnel Code, states that his principal duty is the

 

 

SB3778 Enrolled- 9 -LRB102 23771 RPS 32962 b

1    operation of aircraft, and who possesses a pilot's
2    license; however, the change in this definition made by
3    Public Act 83-842 this amendatory Act of 1983 shall not
4    operate to exclude any noncovered employee who was an "air
5    pilot" for the purposes of this Section on January 1,
6    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, the
12    Division of Patrol Operations, or any other Division or
13    organizational entity in the Illinois State Police is
14    vested by law with duties to maintain public order,
15    investigate violations of the criminal law of this State,
16    enforce the laws of this State, make arrests and recover
17    property. The term "special agent" includes any title or
18    position in the Illinois State Police that is held by an
19    individual employed under the Illinois 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

 

 

SB3778 Enrolled- 10 -LRB102 23771 RPS 32962 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

 

 

SB3778 Enrolled- 11 -LRB102 23771 RPS 32962 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

 

 

SB3778 Enrolled- 12 -LRB102 23771 RPS 32962 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

 

 

SB3778 Enrolled- 13 -LRB102 23771 RPS 32962 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 Illinois State
13    Police" means a person employed by the Illinois State
14    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

 

 

SB3778 Enrolled- 14 -LRB102 23771 RPS 32962 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 full time basis
15    under the authority of Section 7.06 of the State's
16    Attorneys 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

 

 

SB3778 Enrolled- 15 -LRB102 23771 RPS 32962 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

 

 

SB3778 Enrolled- 16 -LRB102 23771 RPS 32962 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

 

 

SB3778 Enrolled- 17 -LRB102 23771 RPS 32962 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

 

 

SB3778 Enrolled- 18 -LRB102 23771 RPS 32962 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

 

 

SB3778 Enrolled- 19 -LRB102 23771 RPS 32962 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

 

 

SB3778 Enrolled- 20 -LRB102 23771 RPS 32962 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

 

 

SB3778 Enrolled- 21 -LRB102 23771 RPS 32962 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

 

 

SB3778 Enrolled- 22 -LRB102 23771 RPS 32962 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

 

 

SB3778 Enrolled- 23 -LRB102 23771 RPS 32962 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, arson investigator, or Commerce Commission police
21officer may elect to establish eligible creditable service for
22up to 5 years of service as a person employed by a
23participating municipality to perform police duties under
24Article 7, a county corrections officer, a court services
25officer under Article 9, or a firefighter under Article 4 by
26filing a written election with the Board within 6 months after

 

 

SB3778 Enrolled- 24 -LRB102 23771 RPS 32962 b

1July 30, 2021 (the effective date of Public Act 102-210) this
2amendatory Act of the 102nd General Assembly and paying to the
3System an amount to be determined by the Board equal to (i) the
4difference between the amount of employee and employer
5contributions transferred to the System under Sections
64-108.8, 7-139.8, and 9-121.10 and the amounts that would have
7been contributed had such contributions been made at the rates
8applicable to State policemen, plus (ii) interest thereon at
9the actuarially assumed rate for each year, compounded
10annually, from the date of service to the date of payment.
11    Subject to the limitation in subsection (i), a
12conservation police officer may elect to establish eligible
13creditable service for up to 5 years of service as a person
14employed by a participating municipality to perform police
15duties under Article 7, a county corrections officer, or a
16court services officer under Article 9 by filing a written
17election with the Board within 6 months after July 30, 2021
18(the effective date of Public Act 102-210) this amendatory Act
19of the 102nd General Assembly and paying to the System an
20amount to be determined by the Board equal to (i) the
21difference between the amount of employee and employer
22contributions transferred to the System under Sections 7-139.8
23and 9-121.10 and the amounts that would have been contributed
24had such contributions been made at the rates applicable to
25State policemen, plus (ii) interest thereon at the actuarially
26assumed rate for each year, compounded annually, from the date

 

 

SB3778 Enrolled- 25 -LRB102 23771 RPS 32962 b

1of service to the date of payment.
2    Subject to the limitation in subsection (i), an
3investigator for the Department of Revenue, investigator for
4the Illinois Gaming Board, investigator for the Secretary of
5State, or arson investigator may elect to establish eligible
6creditable service for up to 5 years of service as a person
7employed by a participating municipality to perform police
8duties under Article 7, a county corrections officer, a court
9services officer under Article 9, or a firefighter under
10Article 4 by filing a written election with the Board within 6
11months after the effective date of this amendatory Act of the
12102nd General Assembly and paying to the System an amount to be
13determined by the Board equal to (i) the difference between
14the amount of employee and employer contributions transferred
15to the System under Sections 4-108.8, 7-139.8, and 9-121.10
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 actuarially
19assumed rate for each year, compounded annually, from the date
20of service to the date of payment.
21    Notwithstanding the limitation in subsection (i), a State
22policeman or conservation police officer may elect to convert
23service credit earned under this Article to eligible
24creditable service, as defined by this Section, by filing a
25written election with the board within 6 months after July 30,
262021 (the effective date of Public Act 102-210) this

 

 

SB3778 Enrolled- 26 -LRB102 23771 RPS 32962 b

1amendatory Act of the 102nd General Assembly and paying to the
2System an amount to be determined by the Board equal to (i) the
3difference between the amount of employee contributions
4originally paid for that service and the amounts that would
5have been contributed had such contributions been made at the
6rates applicable to State policemen, plus (ii) the difference
7between the employer's normal cost of the credit prior to the
8conversion authorized by Public Act 102-210 this amendatory
9Act of the 102nd General Assembly and the employer's normal
10cost of the credit converted in accordance with Public Act
11102-210 this amendatory Act of the 102nd General Assembly,
12plus (iii) interest thereon at the actuarially assumed rate
13for each year, compounded annually, from the date of service
14to the date of payment.
15    Notwithstanding the limitation in subsection (i), an
16investigator for the Department of Revenue, investigator for
17the Illinois Gaming Board, investigator for the Secretary of
18State, or arson investigator may elect to convert service
19credit earned under this Article to eligible creditable
20service, as defined by this Section, by filing a written
21election with the Board within 6 months after the effective
22date of this amendatory Act of the 102nd General Assembly and
23paying to the System an amount to be determined by the Board
24equal to (i) the difference between the amount of employee
25contributions originally paid for that service and the amounts
26that would have been contributed had such contributions been

 

 

SB3778 Enrolled- 27 -LRB102 23771 RPS 32962 b

1made at the rates applicable to investigators for the
2Department of Revenue, investigators for the Illinois Gaming
3Board, investigators for the Secretary of State, or arson
4investigators, plus (ii) the difference between the employer's
5normal cost of the credit prior to the conversion authorized
6by this amendatory Act of the 102nd General Assembly and the
7employer's normal cost of the credit converted in accordance
8with this amendatory Act of the 102nd General Assembly, plus
9(iii) interest thereon at the actuarially assumed rate for
10each year, compounded annually, from the date of service to
11the date of payment.
12    (i) The total amount of eligible creditable service
13established by any person under subsections (g), (h), (j),
14(k), (l), (l-5), and (o) of this Section shall not exceed 12
15years.
16    (j) Subject to the limitation in subsection (i), an
17investigator for the Office of the State's Attorneys Appellate
18Prosecutor or a controlled substance inspector may elect to
19establish eligible creditable service for up to 10 years of
20his service as a policeman under Article 3 or a sheriff's law
21enforcement employee under Article 7, by filing a written
22election with the Board, accompanied by payment of an amount
23to be determined by the Board, equal to (1) the difference
24between the amount of employee and employer contributions
25transferred to the System under Section 3-110.6 or 7-139.8,
26and the amounts that would have been contributed had such

 

 

SB3778 Enrolled- 28 -LRB102 23771 RPS 32962 b

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

 

 

SB3778 Enrolled- 29 -LRB102 23771 RPS 32962 b

1    (l) Subject to the limitation in subsection (i), a
2security employee of the Department of Corrections may elect,
3not later than July 1, 1998, to establish eligible creditable
4service for up to 10 years of his or her service as a policeman
5under Article 3, by filing a written election with the Board,
6accompanied by payment of an amount to be determined by the
7Board, equal to (i) the difference between the amount of
8employee and employer contributions transferred to the System
9under Section 3-110.5, and the amounts that would have been
10contributed had such contributions been made at the rates
11applicable to security employees of the Department of
12Corrections, plus (ii) interest thereon at the effective rate
13for each year, compounded annually, from the date of service
14to the date of payment.
15    (l-5) Subject to the limitation in subsection (i) of this
16Section, a State policeman may elect to establish eligible
17creditable service for up to 5 years of service as a full-time
18law enforcement officer employed by the federal government or
19by a state or local government located outside of Illinois for
20which credit is not held in any other public employee pension
21fund or retirement system. To obtain this credit, the
22applicant must file a written application with the Board no
23later than 3 years after January 1, 2020 (the effective date of
24Public Act 101-610) this amendatory Act of the 101st General
25Assembly, accompanied by evidence of eligibility acceptable to
26the Board and payment of an amount to be determined by the

 

 

SB3778 Enrolled- 30 -LRB102 23771 RPS 32962 b

1Board, equal to (1) employee contributions for the credit
2being established, based upon the applicant's salary on the
3first day as an alternative formula employee after the
4employment for which credit is being established and the rates
5then applicable to alternative formula employees, plus (2) an
6amount determined by the Board to be the employer's normal
7cost of the benefits accrued for the credit being established,
8plus (3) regular interest on the amounts in items (1) and (2)
9from the first day as an alternative formula employee after
10the employment for which credit is being established to the
11date of payment.
12    (m) The amendatory changes to this Section made by Public
13Act 94-696 this amendatory Act of the 94th General Assembly
14apply only to: (1) security employees of the Department of
15Juvenile Justice employed by the Department of Corrections
16before June 1, 2006 (the effective date of Public Act 94-696)
17this amendatory Act of the 94th General Assembly and
18transferred to the Department of Juvenile Justice by Public
19Act 94-696 this amendatory Act of the 94th General Assembly;
20and (2) persons employed by the Department of Juvenile Justice
21on or after June 1, 2006 (the effective date of Public Act
2294-696) this amendatory Act of the 94th General Assembly who
23are required by subsection (b) of Section 3-2.5-15 of the
24Unified Code of Corrections to have any bachelor's or advanced
25degree from an accredited college or university or, in the
26case of persons who provide vocational training, who are

 

 

SB3778 Enrolled- 31 -LRB102 23771 RPS 32962 b

1required to have adequate knowledge in the skill for which
2they are providing the vocational training.
3    (n) A person employed in a position under subsection (b)
4of this Section who has purchased service credit under
5subsection (j) of Section 14-104 or subsection (b) of Section
614-105 in any other capacity under this Article may convert up
7to 5 years of that service credit into service credit covered
8under this Section by paying to the Fund an amount equal to (1)
9the additional employee contribution required under Section
1014-133, plus (2) the additional employer contribution required
11under Section 14-131, plus (3) interest on items (1) and (2) at
12the actuarially assumed rate from the date of the service to
13the date of payment.
14    (o) Subject to the limitation in subsection (i), a
15conservation police officer, investigator for the Secretary of
16State, Commerce Commission police officer, investigator for
17the Department of Revenue or the Illinois Gaming Board, or
18arson investigator subject to subsection (g) of Section 1-160
19may elect to convert up to 8 years of service credit
20established before January 1, 2020 (the effective date of
21Public Act 101-610) this amendatory Act of the 101st General
22Assembly as a conservation police officer, investigator for
23the Secretary of State, Commerce Commission police officer,
24investigator for the Department of Revenue or the Illinois
25Gaming Board, or arson investigator under this Article into
26eligible creditable service by filing a written election with

 

 

SB3778 Enrolled- 32 -LRB102 23771 RPS 32962 b

1the Board no later than one year after January 1, 2020 (the
2effective date of Public Act 101-610) this amendatory Act of
3the 101st General Assembly, accompanied by payment of an
4amount to be determined by the Board equal to (i) the
5difference between the amount of the employee contributions
6actually paid for that service and the amount of the employee
7contributions that would have been paid had the employee
8contributions been made as a noncovered employee serving in a
9position in which eligible creditable service, as defined in
10this Section, may be earned, plus (ii) interest thereon at the
11effective rate for each year, compounded annually, from the
12date of service to the date of payment.
13(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
14102-538, eff. 8-20-21; revised 10-12-21.)
 
15    (40 ILCS 5/14-152.1)
16    Sec. 14-152.1. Application and expiration of new benefit
17increases.
18    (a) As used in this Section, "new benefit increase" means
19an increase in the amount of any benefit provided under this
20Article, or an expansion of the conditions of eligibility for
21any benefit under this Article, that results from an amendment
22to this Code that takes effect after June 1, 2005 (the
23effective date of Public Act 94-4). "New benefit increase",
24however, does not include any benefit increase resulting from
25the changes made to Article 1 or this Article by Public Act

 

 

SB3778 Enrolled- 33 -LRB102 23771 RPS 32962 b

196-37, Public Act 100-23, Public Act 100-587, Public Act
2100-611, Public Act 101-10, Public Act 101-610, Public Act
3102-210, or this amendatory Act of the 102nd General Assembly
4or this amendatory Act of the 102nd General Assembly.
5    (b) Notwithstanding any other provision of this Code or
6any subsequent amendment to this Code, every new benefit
7increase is subject to this Section and shall be deemed to be
8granted only in conformance with and contingent upon
9compliance with the provisions of this Section.
10    (c) The Public Act enacting a new benefit increase must
11identify and provide for payment to the System of additional
12funding at least sufficient to fund the resulting annual
13increase in cost to the System as it accrues.
14    Every new benefit increase is contingent upon the General
15Assembly providing the additional funding required under this
16subsection. The Commission on Government Forecasting and
17Accountability shall analyze whether adequate additional
18funding has been provided for the new benefit increase and
19shall report its analysis to the Public Pension Division of
20the Department of Insurance. A new benefit increase created by
21a Public Act that does not include the additional funding
22required under this subsection is null and void. If the Public
23Pension Division determines that the additional funding
24provided for a new benefit increase under this subsection is
25or has become inadequate, it may so certify to the Governor and
26the State Comptroller and, in the absence of corrective action

 

 

SB3778 Enrolled- 34 -LRB102 23771 RPS 32962 b

1by the General Assembly, the new benefit increase shall expire
2at the end of the fiscal year in which the certification is
3made.
4    (d) Every new benefit increase shall expire 5 years after
5its effective date or on such earlier date as may be specified
6in the language enacting the new benefit increase or provided
7under subsection (c). This does not prevent the General
8Assembly from extending or re-creating a new benefit increase
9by law.
10    (e) Except as otherwise provided in the language creating
11the new benefit increase, a new benefit increase that expires
12under this Section continues to apply to persons who applied
13and qualified for the affected benefit while the new benefit
14increase was in effect and to the affected beneficiaries and
15alternate payees of such persons, but does not apply to any
16other person, including, without limitation, a person who
17continues in service after the expiration date and did not
18apply and qualify for the affected benefit while the new
19benefit increase was in effect.
20(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
21101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
 
22    Section 90. The State Mandates Act is amended by adding
23Section 8.46 as follows:
 
24    (30 ILCS 805/8.46 new)

 

 

SB3778 Enrolled- 35 -LRB102 23771 RPS 32962 b

1    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
28 of this Act, no reimbursement by the State is required for
3the implementation of any mandate created by this amendatory
4Act of the 102nd General Assembly.