Full Text of HB5101 96th General Assembly
HB5101 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5101
Introduced 1/29/2010, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/3-106 |
from Ch. 108 1/2, par. 3-106 |
40 ILCS 5/3-110.11 new |
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40 ILCS 5/7-139.14 new |
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40 ILCS 5/14-110 |
from Ch. 108 1/2, par. 14-110 |
40 ILCS 5/14-152.1 |
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30 ILCS 805/8.34 new |
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Amends the Downstate Police Article of the Illinois Pension Code. Provides that, beginning on the effective date of this amendatory Act, "police officer" or "officer" includes any person who is employed as a police dispatcher. Allows a police dispatcher to transfer creditable service under the Illinois Municipal Retirement Fund Article to his or her pension fund under the Downstate Police Article. Amends the State Employee Article of the Illinois Pension Code. Allows an investigator for the Secretary of State to
elect to establish eligible creditable service for up to 5 years of
service as a police officer under the Downstate Police Article or Illinois Municipal Retirement Fund Article. Exempts the changes from new benefit increase provisions. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB5101 |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 3-106, 14-110, and 14-152.1 and by adding Sections | 6 |
| 3-110.11 and 7-139.14 as follows:
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| (40 ILCS 5/3-106) (from Ch. 108 1/2, par. 3-106)
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| Sec. 3-106. Police officer, officer. "Police officer" or | 9 |
| "officer":
Any person who (1) is appointed to the police force | 10 |
| of a police department
and sworn and commissioned to perform | 11 |
| police duties; and (2) within 3 months
after receiving his or | 12 |
| her first
appointment and, if reappointed, within 3 months | 13 |
| thereafter, or as
otherwise provided in Section 3-109, makes | 14 |
| written application to the board
to come under the provisions | 15 |
| of this Article.
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| Beginning on the effective date of this amendatory Act of | 17 |
| the 96th General Assembly, "police officer" or "officer" | 18 |
| includes any person who is employed as a police dispatcher. | 19 |
| Police officers serving initial probationary periods, if | 20 |
| otherwise eligible,
shall be police officers within the meaning | 21 |
| of this Section.
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| (Source: P.A. 89-52, eff. 6-30-95.)
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| (40 ILCS 5/3-110.11 new)
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| Sec. 3-110.11. Transfer from IMRF. Until January 1,
2011, a | 3 |
| police dispatcher may transfer to a fund established under this
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| Article all or any portion of his or her creditable service | 5 |
| accumulated under
Article 7 of this Code upon payment to the | 6 |
| fund of an amount to
be determined by the board, equal to (i) | 7 |
| the difference between
the amount of employee and employer | 8 |
| contributions transferred
to the fund under Section 7-139.13 | 9 |
| and the amounts that would
have been contributed had such | 10 |
| contributions been made at the
rates applicable to an employee | 11 |
| under this Article, plus (ii)
interest thereon at the effective | 12 |
| rate for each year,
compounded annually, from the date of | 13 |
| service to the date of
payment. | 14 |
| (40 ILCS 5/7-139.14 new)
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| Sec. 7-139.14. Transfer to Article 3 fund. | 16 |
| (a) Until January 1, 2011, a police dispatcher who has | 17 |
| creditable service under this Article and who has
become an | 18 |
| active participant in a police pension fund
established under | 19 |
| Article 3 of this Code may apply for transfer
to that Article 3 | 20 |
| fund of all or any portion of his or her creditable service
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| accumulated under this Article. At the time of the transfer the
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| Fund shall pay to the police pension fund an amount equal to: | 23 |
| (1) the amounts accumulated to the credit of the
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| applicant under this Article, including interest; | 25 |
| (2) the municipality credits based on that service,
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| including interest; and | 2 |
| (3) any interest paid by the applicant in order to
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| reinstate that service. | 4 |
| Participation in this Fund with respect to the transferred
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| credits shall terminate on the date of transfer. | 6 |
| (b) A police dispatcher who is an active member of a | 7 |
| pension fund established under
Article 3 of this Code may | 8 |
| reinstate creditable service under
this Article that was | 9 |
| terminated by receipt of a refund by
paying to the Fund the | 10 |
| amount of the refund plus interest
thereon at the rate of 6% | 11 |
| per year, compounded annually, from
the date of refund to the | 12 |
| date of payment.
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| (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
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| Sec. 14-110. Alternative retirement annuity.
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| (a) Any member who has withdrawn from service with not less | 16 |
| than 20
years of eligible creditable service and has attained | 17 |
| age 55, and any
member who has withdrawn from service with not | 18 |
| less than 25 years of
eligible creditable service and has | 19 |
| attained age 50, regardless of whether
the attainment of either | 20 |
| of the specified ages occurs while the member is
still in | 21 |
| service, shall be entitled to receive at the option of the | 22 |
| member,
in lieu of the regular or minimum retirement annuity, a | 23 |
| retirement annuity
computed as follows:
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| (i) for periods of service as a noncovered employee:
if | 25 |
| retirement occurs on or after January 1, 2001, 3% of final
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| average compensation for each year of creditable service; | 2 |
| if retirement occurs
before January 1, 2001, 2 1/4% of | 3 |
| final average compensation for each of the
first 10 years | 4 |
| of creditable service, 2 1/2% for each year above 10 years | 5 |
| to
and including 20 years of creditable service, and 2 3/4% | 6 |
| for each year of
creditable service above 20 years; and
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| (ii) for periods of eligible creditable service as a | 8 |
| covered employee:
if retirement occurs on or after January | 9 |
| 1, 2001, 2.5% of final average
compensation for each year | 10 |
| of creditable service; if retirement occurs before
January | 11 |
| 1, 2001, 1.67% of final average compensation for each of | 12 |
| the first
10 years of such service, 1.90% for each of the | 13 |
| next 10 years of such service,
2.10% for each year of such | 14 |
| service in excess of 20 but not exceeding 30, and
2.30% for | 15 |
| each year in excess of 30.
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| Such annuity shall be subject to a maximum of 75% of final | 17 |
| average
compensation if retirement occurs before January 1, | 18 |
| 2001 or to a maximum
of 80% of final average compensation if | 19 |
| retirement occurs on or after January
1, 2001.
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| These rates shall not be applicable to any service | 21 |
| performed
by a member as a covered employee which is not | 22 |
| eligible creditable service.
Service as a covered employee | 23 |
| which is not eligible creditable service
shall be subject to | 24 |
| the rates and provisions of Section 14-108.
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| (b) For the purpose of this Section, "eligible creditable | 26 |
| service" means
creditable service resulting from service in one |
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| or more of the following
positions:
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| (1) State policeman;
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| (2) fire fighter in the fire protection service of a | 4 |
| department;
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| (3) air pilot;
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| (4) special agent;
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| (5) investigator for the Secretary of State;
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| (6) conservation police officer;
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| (7) investigator for the Department of Revenue or the | 10 |
| Illinois Gaming Board;
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| (8) security employee of the Department of Human | 12 |
| Services;
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| (9) Central Management Services security police | 14 |
| officer;
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| (10) security employee of the Department of | 16 |
| Corrections or the Department of Juvenile Justice;
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| (11) dangerous drugs investigator;
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| (12) investigator for the Department of State Police;
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| (13) investigator for the Office of the Attorney | 20 |
| General;
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| (14) controlled substance inspector;
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| (15) investigator for the Office of the State's | 23 |
| Attorneys Appellate
Prosecutor;
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| (16) Commerce Commission police officer;
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| (17) arson investigator;
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| (18) State highway maintenance worker.
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| A person employed in one of the positions specified in this | 2 |
| subsection is
entitled to eligible creditable service for | 3 |
| service credit earned under this
Article while undergoing the | 4 |
| basic police training course approved by the
Illinois Law | 5 |
| Enforcement Training
Standards Board, if
completion of that | 6 |
| training is required of persons serving in that position.
For | 7 |
| the purposes of this Code, service during the required basic | 8 |
| police
training course shall be deemed performance of the | 9 |
| duties of the specified
position, even though the person is not | 10 |
| a sworn peace officer at the time of
the training.
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| (c) For the purposes of this Section:
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| (1) The term "state policeman" includes any title or | 13 |
| position
in the Department of State Police that is held by | 14 |
| an individual employed
under the State Police Act.
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| (2) The term "fire fighter in the fire protection | 16 |
| service of a
department" includes all officers in such fire | 17 |
| protection service
including fire chiefs and assistant | 18 |
| fire chiefs.
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| (3) The term "air pilot" includes any employee whose | 20 |
| official job
description on file in the Department of | 21 |
| Central Management Services, or
in the department by which | 22 |
| he is employed if that department is not covered
by the | 23 |
| Personnel Code, states that his principal duty is the | 24 |
| operation of
aircraft, and who possesses a pilot's license; | 25 |
| however, the change in this
definition made by this | 26 |
| amendatory Act of 1983 shall not operate to exclude
any |
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| noncovered employee who was an "air pilot" for the purposes | 2 |
| of this
Section on January 1, 1984.
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| (4) The term "special agent" means any person who by | 4 |
| reason of
employment by the Division of Narcotic Control, | 5 |
| the Bureau of Investigation
or, after July 1, 1977, the | 6 |
| Division of Criminal Investigation, the
Division of | 7 |
| Internal Investigation, the Division of Operations, or any
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| other Division or organizational
entity in the Department | 9 |
| of State Police is vested by law with duties to
maintain | 10 |
| public order, investigate violations of the criminal law of | 11 |
| this
State, enforce the laws of this State, make arrests | 12 |
| and recover property.
The term "special agent" includes any | 13 |
| title or position in the Department
of State Police that is | 14 |
| held by an individual employed under the State
Police Act.
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| (5) The term "investigator for the Secretary of State" | 16 |
| means any person
employed by the Office of the Secretary of | 17 |
| State and vested with such
investigative duties as render | 18 |
| him ineligible for coverage under the Social
Security Act | 19 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 20 |
| 218(l)(1)
of that Act.
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| A person who became employed as an investigator for the | 22 |
| Secretary of
State between January 1, 1967 and December 31, | 23 |
| 1975, and who has served as
such until attainment of age | 24 |
| 60, either continuously or with a single break
in service | 25 |
| of not more than 3 years duration, which break terminated | 26 |
| before
January 1, 1976, shall be entitled to have his |
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| retirement annuity
calculated in accordance with | 2 |
| subsection (a), notwithstanding
that he has less than 20 | 3 |
| years of credit for such service.
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| (6) The term "Conservation Police Officer" means any | 5 |
| person employed
by the Division of Law Enforcement of the | 6 |
| Department of Natural Resources and
vested with such law | 7 |
| enforcement duties as render him ineligible for coverage
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| under the Social Security Act by reason of Sections | 9 |
| 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 10 |
| term "Conservation Police Officer" includes
the positions | 11 |
| of Chief Conservation Police Administrator and Assistant
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| Conservation Police Administrator.
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| (7) The term "investigator for the Department of | 14 |
| Revenue" means any
person employed by the Department of | 15 |
| Revenue and vested with such
investigative duties as render | 16 |
| him ineligible for coverage under the Social
Security Act | 17 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 18 |
| 218(l)(1)
of that Act.
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| The term "investigator for the Illinois Gaming Board" | 20 |
| means any
person employed as such by the Illinois Gaming | 21 |
| Board and vested with such
peace officer duties as render | 22 |
| the person ineligible for coverage under the Social
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| Security Act by reason of Sections 218(d)(5)(A), | 24 |
| 218(d)(8)(D), and 218(l)(1)
of that Act.
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| (8) The term "security employee of the Department of | 26 |
| Human Services"
means any person employed by the Department |
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| of Human Services who (i) is
employed at the Chester Mental | 2 |
| Health Center and has daily contact with the
residents | 3 |
| thereof, (ii) is employed within a security unit at a | 4 |
| facility
operated by the Department and has daily contact | 5 |
| with the residents of the
security unit, (iii) is employed | 6 |
| at a facility operated by the Department
that includes a | 7 |
| security unit and is regularly scheduled to work at least
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| 50% of his or her working hours within that security unit, | 9 |
| or (iv) is a mental health police officer.
"Mental health | 10 |
| police officer" means any person employed by the Department | 11 |
| of
Human Services in a position pertaining to the | 12 |
| Department's mental health and
developmental disabilities | 13 |
| functions who is vested with such law enforcement
duties as | 14 |
| render 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. "Security unit" | 17 |
| means that portion of a facility that is devoted to
the | 18 |
| care, containment, and treatment of persons committed to | 19 |
| the Department of
Human Services as sexually violent | 20 |
| persons, persons unfit to stand trial, or
persons not | 21 |
| guilty by reason of insanity. With respect to past | 22 |
| employment,
references to the Department of Human Services | 23 |
| include its predecessor, the
Department of Mental Health | 24 |
| and Developmental Disabilities.
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| The changes made to this subdivision (c)(8) by Public | 26 |
| Act 92-14 apply to persons who retire on or after January |
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| 1,
2001, notwithstanding Section 1-103.1.
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| (9) "Central Management Services security police | 3 |
| officer" means any
person employed by the Department of | 4 |
| Central Management Services who is
vested with such law | 5 |
| enforcement duties as render him ineligible for
coverage | 6 |
| under the Social Security Act by reason of Sections | 7 |
| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
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| (10) For a member who first became an employee under | 9 |
| this Article before July 1, 2005, the term "security | 10 |
| employee of the Department of Corrections or the Department | 11 |
| of Juvenile Justice"
means any employee of the Department | 12 |
| of Corrections or the Department of Juvenile Justice or the | 13 |
| former
Department of Personnel, and any member or employee | 14 |
| of the Prisoner
Review Board, who has daily contact with | 15 |
| inmates or youth by working within a
correctional facility | 16 |
| or Juvenile facility operated by the Department of Juvenile | 17 |
| Justice or who is a parole officer or an employee who has
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| direct contact with committed persons in the performance of | 19 |
| his or her
job duties. For a member who first becomes an | 20 |
| employee under this Article on or after July 1, 2005, the | 21 |
| term means an employee of the Department of Corrections or | 22 |
| the Department of Juvenile Justice who is any of the | 23 |
| following: (i) officially headquartered at a correctional | 24 |
| facility or Juvenile facility operated by the Department of | 25 |
| Juvenile Justice, (ii) a parole officer, (iii) a member of | 26 |
| the apprehension unit, (iv) a member of the intelligence |
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| unit, (v) a member of the sort team, or (vi) an | 2 |
| investigator.
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| (11) The term "dangerous drugs investigator" means any | 4 |
| person who is
employed as such by the Department of Human | 5 |
| Services.
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| (12) The term "investigator for the Department of State | 7 |
| Police" means
a person employed by the Department of State | 8 |
| Police who is vested under
Section 4 of the Narcotic | 9 |
| Control Division Abolition Act with such
law enforcement | 10 |
| powers as render him ineligible for coverage under the
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| Social Security Act by reason of Sections 218(d)(5)(A), | 12 |
| 218(d)(8)(D) and
218(l)(1) of that Act.
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| (13) "Investigator for the Office of the Attorney | 14 |
| General" means any
person who is employed as such by the | 15 |
| Office of the Attorney General and
is vested with such | 16 |
| investigative duties as render him ineligible for
coverage | 17 |
| under the Social Security Act by reason of Sections | 18 |
| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 19 |
| the period before January 1,
1989, the term includes all | 20 |
| persons who were employed as investigators by the
Office of | 21 |
| the Attorney General, without regard to social security | 22 |
| status.
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| (14) "Controlled substance inspector" means any person | 24 |
| who is employed
as such by the Department of Professional | 25 |
| Regulation and is vested with such
law enforcement duties | 26 |
| as render him ineligible for coverage under the Social
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| Security Act by reason of Sections 218(d)(5)(A), | 2 |
| 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 3 |
| "controlled substance inspector" includes the Program
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| Executive of Enforcement and the Assistant Program | 5 |
| Executive of Enforcement.
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| (15) The term "investigator for the Office of the | 7 |
| State's Attorneys
Appellate Prosecutor" means a person | 8 |
| employed in that capacity on a full
time basis under the | 9 |
| authority of Section 7.06 of the State's Attorneys
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| Appellate Prosecutor's Act.
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| (16) "Commerce Commission police officer" means any | 12 |
| person employed
by the Illinois Commerce Commission who is | 13 |
| vested with such law
enforcement duties as render him | 14 |
| ineligible for coverage under the Social
Security Act by | 15 |
| reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
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| 218(l)(1) of that Act.
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| (17) "Arson investigator" means any person who is | 18 |
| employed as such by
the Office of the State Fire Marshal | 19 |
| and is vested with such law enforcement
duties as render | 20 |
| the person 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. A person who was | 23 |
| employed as an arson
investigator on January 1, 1995 and is | 24 |
| no longer in service but not yet
receiving a retirement | 25 |
| annuity may convert his or her creditable service for
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| employment as an arson investigator into eligible |
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| creditable service by paying
to the System the difference | 2 |
| between the employee contributions actually paid
for that | 3 |
| service and the amounts that would have been contributed if | 4 |
| the
applicant were contributing at the rate applicable to | 5 |
| persons with the same
social security status earning | 6 |
| eligible creditable service on the date of
application.
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| (18) The term "State highway maintenance worker" means | 8 |
| a person who is
either of the following:
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| (i) A person employed on a full-time basis by the | 10 |
| Illinois
Department of Transportation in the position | 11 |
| of
highway maintainer,
highway maintenance lead | 12 |
| worker,
highway maintenance lead/lead worker,
heavy | 13 |
| construction equipment operator,
power shovel | 14 |
| operator, or
bridge mechanic; and
whose principal | 15 |
| responsibility is to perform, on the roadway, the | 16 |
| actual
maintenance necessary to keep the highways that | 17 |
| form a part of the State
highway system in serviceable | 18 |
| condition for vehicular traffic.
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| (ii) A person employed on a full-time basis by the | 20 |
| Illinois
State Toll Highway Authority in the position | 21 |
| of
equipment operator/laborer H-4,
equipment | 22 |
| operator/laborer H-6,
welder H-4,
welder H-6,
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| mechanical/electrical H-4,
mechanical/electrical H-6,
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| water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 25 |
| H-4,
sign maker/hanger H-6,
roadway lighting H-4,
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| roadway lighting H-6,
structural H-4,
structural H-6,
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| painter H-4, or
painter H-6; and
whose principal | 2 |
| responsibility is to perform, on the roadway, the | 3 |
| actual
maintenance necessary to keep the Authority's | 4 |
| tollways in serviceable condition
for vehicular | 5 |
| traffic.
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| (d) A security employee of the Department of Corrections or | 7 |
| the Department of Juvenile Justice, and a security
employee of | 8 |
| the Department of Human Services who is not a mental health | 9 |
| police
officer, shall not be eligible for the alternative | 10 |
| retirement annuity provided
by this Section unless he or she | 11 |
| meets the following minimum age and service
requirements at the | 12 |
| time of retirement:
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| (i) 25 years of eligible creditable service and age 55; | 14 |
| or
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| (ii) beginning January 1, 1987, 25 years of eligible | 16 |
| creditable service
and age 54, or 24 years of eligible | 17 |
| creditable service and age 55; or
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| (iii) beginning January 1, 1988, 25 years of eligible | 19 |
| creditable service
and age 53, or 23 years of eligible | 20 |
| creditable service and age 55; or
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| (iv) beginning January 1, 1989, 25 years of eligible | 22 |
| creditable service
and age 52, or 22 years of eligible | 23 |
| creditable service and age 55; or
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| (v) beginning January 1, 1990, 25 years of eligible | 25 |
| creditable service
and age 51, or 21 years of eligible | 26 |
| creditable service and age 55; or
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| (vi) beginning January 1, 1991, 25 years of eligible | 2 |
| creditable service
and age 50, or 20 years of eligible | 3 |
| creditable service and age 55.
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| Persons who have service credit under Article 16 of this | 5 |
| Code for service
as a security employee of the Department of | 6 |
| Corrections or the Department of Juvenile Justice, or the | 7 |
| Department
of Human Services in a position requiring | 8 |
| certification as a teacher may
count such service toward | 9 |
| establishing their eligibility under the service
requirements | 10 |
| of this Section; but such service may be used only for
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| establishing such eligibility, and not for the purpose of | 12 |
| increasing or
calculating any benefit.
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| (e) If a member enters military service while working in a | 14 |
| position in
which eligible creditable service may be earned, | 15 |
| and returns to State
service in the same or another such | 16 |
| position, and fulfills in all other
respects the conditions | 17 |
| prescribed in this Article for credit for military
service, | 18 |
| such military service shall be credited as eligible creditable
| 19 |
| service for the purposes of the retirement annuity prescribed | 20 |
| in this Section.
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| (f) For purposes of calculating retirement annuities under | 22 |
| this
Section, periods of service rendered after December 31, | 23 |
| 1968 and before
October 1, 1975 as a covered employee in the | 24 |
| position of special agent,
conservation police officer, mental | 25 |
| health police officer, or investigator
for the Secretary of | 26 |
| State, shall be deemed to have been service as a
noncovered |
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| employee, provided that the employee pays to the System prior | 2 |
| to
retirement an amount equal to (1) the difference between the | 3 |
| employee
contributions that would have been required for such | 4 |
| service as a
noncovered employee, and the amount of employee | 5 |
| contributions actually
paid, plus (2) if payment is made after | 6 |
| July 31, 1987, regular interest
on the amount specified in item | 7 |
| (1) from the date of service to the date
of payment.
| 8 |
| For purposes of calculating retirement annuities under | 9 |
| this Section,
periods of service rendered after December 31, | 10 |
| 1968 and before January 1,
1982 as a covered employee in the | 11 |
| position of investigator for the
Department of Revenue shall be | 12 |
| deemed to have been service as a noncovered
employee, provided | 13 |
| that the employee pays to the System prior to retirement
an | 14 |
| amount equal to (1) the difference between the employee | 15 |
| contributions
that would have been required for such service as | 16 |
| a noncovered employee,
and the amount of employee contributions | 17 |
| actually paid, plus (2) if payment
is made after January 1, | 18 |
| 1990, regular interest on the amount specified in
item (1) from | 19 |
| the date of service to the date of payment.
| 20 |
| (g) A State policeman may elect, not later than January 1, | 21 |
| 1990, to
establish eligible creditable service for up to 10 | 22 |
| years of his service as
a policeman under Article 3, by filing | 23 |
| a written election with the Board,
accompanied by payment of an | 24 |
| amount to be determined by the Board, equal to
(i) the | 25 |
| difference between the amount of employee and employer
| 26 |
| contributions transferred to the System under Section 3-110.5, |
|
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| 1 |
| and the
amounts that would have been contributed had such | 2 |
| contributions been made
at the rates applicable to State | 3 |
| policemen, plus (ii) interest thereon at
the effective rate for | 4 |
| each year, compounded annually, from the date of
service to the | 5 |
| date of payment.
| 6 |
| Subject to the limitation in subsection (i), a State | 7 |
| policeman may elect,
not later than July 1, 1993, to establish | 8 |
| eligible creditable service for
up to 10 years of his service | 9 |
| as a member of the County Police Department
under Article 9, by | 10 |
| filing a written election with the Board, accompanied
by | 11 |
| payment of an amount to be determined by the Board, equal to | 12 |
| (i) the
difference between the amount of employee and employer | 13 |
| contributions
transferred to the System under Section 9-121.10 | 14 |
| and the amounts that would
have been contributed had those | 15 |
| contributions been made at the rates
applicable to State | 16 |
| policemen, plus (ii) interest thereon at the effective
rate for | 17 |
| each year, compounded annually, from the date of service to the
| 18 |
| date of payment.
| 19 |
| (h) Subject to the limitation in subsection (i), a State | 20 |
| policeman or
investigator for the Secretary of State may elect | 21 |
| to establish eligible
creditable service for up to 12 years of | 22 |
| his service as a policeman under
Article 5, by filing a written | 23 |
| election with the Board on or before January
31, 1992, and | 24 |
| paying to the System by January 31, 1994 an amount to be
| 25 |
| determined by the Board, equal to (i) the difference between | 26 |
| the amount of
employee and employer contributions transferred |
|
|
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LRB096 17437 AMC 32793 b |
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| to the System under Section
5-236, and the amounts that would | 2 |
| have been contributed had such
contributions been made at the | 3 |
| rates applicable to State policemen, plus
(ii) interest thereon | 4 |
| at the effective rate for each year, compounded
annually, from | 5 |
| the date of service to the date of payment.
| 6 |
| Subject to the limitation in subsection (i), a State | 7 |
| policeman,
conservation police officer, or investigator for | 8 |
| the Secretary of State may
elect to establish eligible | 9 |
| creditable service for up to 10 years of
service as a sheriff's | 10 |
| law enforcement employee under Article 7, by filing
a written | 11 |
| election with the Board on or before January 31, 1993, and | 12 |
| paying
to the System by January 31, 1994 an amount to be | 13 |
| determined by the Board,
equal to (i) the difference between | 14 |
| the amount of employee and
employer contributions transferred | 15 |
| to the System under Section
7-139.7, and the amounts that would | 16 |
| have been contributed had such
contributions been made at the | 17 |
| rates applicable to State policemen, plus
(ii) interest thereon | 18 |
| at the effective rate for each year, compounded
annually, from | 19 |
| the date of service to the date of payment.
| 20 |
| Subject to the limitation in subsection (i), a State | 21 |
| policeman,
conservation police officer, or investigator for | 22 |
| the Secretary of State may
elect to establish eligible | 23 |
| creditable service for up to 5 years of
service as a police | 24 |
| officer under Article 3, a policeman under Article 5, a | 25 |
| sheriff's law enforcement employee under Article 7, a member of | 26 |
| the county police department under Article 9, or a police |
|
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LRB096 17437 AMC 32793 b |
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| officer under Article 15 by filing
a written election with the | 2 |
| Board and paying
to the System an amount to be determined by | 3 |
| the Board,
equal to (i) the difference between the amount of | 4 |
| employee and
employer contributions transferred to the System | 5 |
| under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 6 |
| and the amounts that would have been contributed had such
| 7 |
| contributions been made at the rates applicable to State | 8 |
| policemen, plus
(ii) interest thereon at the effective rate for | 9 |
| each year, compounded
annually, from the date of service to the | 10 |
| date of payment. | 11 |
| Subject to the limitation in subsection (i), an | 12 |
| investigator for the Office of the Attorney General, or an | 13 |
| investigator for the Department of Revenue, may elect to | 14 |
| establish eligible creditable service for up to 5 years of | 15 |
| service as a police officer under Article 3, a policeman under | 16 |
| Article 5, a sheriff's law enforcement employee under Article | 17 |
| 7, or a member of the county police department under Article 9 | 18 |
| by filing a written election with the Board within 6 months | 19 |
| after August 25, 2009 ( the effective date of Public Act 96-745) | 20 |
| this amendatory Act of the 96th General Assembly and paying to | 21 |
| the System an amount to be determined by the Board, equal to | 22 |
| (i) the difference between the amount of employee and employer | 23 |
| contributions transferred to the System under Section 3-110.6, | 24 |
| 5-236, 7-139.8, or 9-121.10 and the amounts that would have | 25 |
| been contributed had such contributions been made at the rates | 26 |
| applicable to State policemen, plus (ii) interest thereon at |
|
|
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HB5101 |
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LRB096 17437 AMC 32793 b |
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| 1 |
| the actuarially assumed rate for each year, compounded | 2 |
| annually, from the date of service to the date of payment. | 3 |
| Subject to the limitation in subsection (i), a State | 4 |
| policeman, conservation police officer, investigator for the | 5 |
| Office of the Attorney General, an investigator for the | 6 |
| Department of Revenue, or investigator for the Secretary of | 7 |
| State may elect to establish eligible creditable service for up | 8 |
| to 5 years of service as a person employed by a participating | 9 |
| municipality to perform police duties, or law enforcement | 10 |
| officer employed on a full-time basis by a forest preserve | 11 |
| district under Article 7, a county corrections officer, or a | 12 |
| court services officer under Article 9, by filing a written | 13 |
| election with the Board within 6 months after August 25, 2009 | 14 |
| ( the effective date of Public Act 96-745) this amendatory Act | 15 |
| of the 96th General Assembly and paying to the System an amount | 16 |
| to be determined by the Board, equal to (i) the difference | 17 |
| between the amount of employee and employer contributions | 18 |
| transferred to the System under Sections 7-139.8 and 9-121.10 | 19 |
| and the amounts that would have been contributed had such | 20 |
| contributions been made at the rates applicable to State | 21 |
| policemen, plus (ii) interest thereon at the actuarially | 22 |
| assumed rate for each year, compounded annually, from the date | 23 |
| of service to the date of payment. | 24 |
| Subject to the limitation in subsection (i), an | 25 |
| investigator for the Secretary of State may
elect to establish | 26 |
| eligible creditable service for up to 5 years of
service as a |
|
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LRB096 17437 AMC 32793 b |
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| 1 |
| police officer under Article 3 or Article 7 if he or she has | 2 |
| not otherwise established credit for that service under this | 3 |
| subsection (h) or any other provision of this Code by filing
a | 4 |
| written election with the Board within 6 months after the | 5 |
| effective date of this amendatory Act of the 96th General | 6 |
| Assembly and paying
to the System an amount determined by the | 7 |
| Board to be
equal to the amount of employee and
employer | 8 |
| contributions that would have been contributed had such
| 9 |
| contributions been made at the rates applicable to State | 10 |
| policemen, plus
interest thereon at the effective rate for each | 11 |
| year, compounded
annually, from the date of service to the date | 12 |
| of payment. | 13 |
| (i) The total amount of eligible creditable service | 14 |
| established by any
person under subsections (g), (h), (j), (k), | 15 |
| and (l) of this
Section shall not exceed 12 years.
| 16 |
| (j) Subject to the limitation in subsection (i), an | 17 |
| investigator for
the Office of the State's Attorneys Appellate | 18 |
| Prosecutor or a controlled
substance inspector may elect to
| 19 |
| establish eligible creditable service for up to 10 years of his | 20 |
| service as
a policeman under Article 3 or a sheriff's law | 21 |
| enforcement employee under
Article 7, by filing a written | 22 |
| election with the Board, accompanied by
payment of an amount to | 23 |
| be determined by the Board, equal to (1) the
difference between | 24 |
| the amount of employee and employer contributions
transferred | 25 |
| to the System under Section 3-110.6 or 7-139.8, and the amounts
| 26 |
| that would have been contributed had such contributions been |
|
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LRB096 17437 AMC 32793 b |
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| 1 |
| made at the
rates applicable to State policemen, plus (2) | 2 |
| interest thereon at the
effective rate for each year, | 3 |
| compounded annually, from the date of service
to the date of | 4 |
| payment.
| 5 |
| (k) Subject to the limitation in subsection (i) of this | 6 |
| Section, an
alternative formula employee may elect to establish | 7 |
| eligible creditable
service for periods spent as a full-time | 8 |
| law enforcement officer or full-time
corrections officer | 9 |
| employed by the federal government or by a state or local
| 10 |
| government located outside of Illinois, for which credit is not | 11 |
| held in any
other public employee pension fund or retirement | 12 |
| system. To obtain this
credit, the applicant must file a | 13 |
| written application with the Board by March
31, 1998, | 14 |
| accompanied by evidence of eligibility acceptable to the Board | 15 |
| and
payment of an amount to be determined by the Board, equal | 16 |
| to (1) employee
contributions for the credit being established, | 17 |
| based upon the applicant's
salary on the first day as an | 18 |
| alternative formula employee after the employment
for which | 19 |
| credit is being established and the rates then applicable to
| 20 |
| alternative formula employees, plus (2) an amount determined by | 21 |
| the Board
to be the employer's normal cost of the benefits | 22 |
| accrued for the credit being
established, plus (3) regular | 23 |
| interest on the amounts in items (1) and (2) from
the first day | 24 |
| as an alternative formula employee after the employment for | 25 |
| which
credit is being established to the date of payment.
| 26 |
| (l) Subject to the limitation in subsection (i), a security |
|
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LRB096 17437 AMC 32793 b |
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| 1 |
| employee of
the Department of Corrections may elect, not later | 2 |
| than July 1, 1998, to
establish eligible creditable service for | 3 |
| up to 10 years of his or her service
as a policeman under | 4 |
| Article 3, by filing a written election with the Board,
| 5 |
| accompanied by payment of an amount to be determined by the | 6 |
| Board, equal to
(i) the difference between the amount of | 7 |
| employee and employer contributions
transferred to the System | 8 |
| under Section 3-110.5, and the amounts that would
have been | 9 |
| contributed had such contributions been made at the rates | 10 |
| applicable
to security employees of the Department of | 11 |
| Corrections, plus (ii) interest
thereon at the effective rate | 12 |
| for each year, compounded annually, from the date
of service to | 13 |
| the date of payment.
| 14 |
| (m) The amendatory changes to this Section made by this | 15 |
| amendatory Act of the 94th General Assembly apply only to: (1) | 16 |
| security employees of the Department of Juvenile Justice | 17 |
| employed by the Department of Corrections before the effective | 18 |
| date of this amendatory Act of the 94th General Assembly and | 19 |
| transferred to the Department of Juvenile Justice by this | 20 |
| amendatory Act of the 94th General Assembly; and (2) persons | 21 |
| employed by the Department of Juvenile Justice on or after the | 22 |
| effective date of this amendatory Act of the 94th General | 23 |
| Assembly who are required by subsection (b) of Section 3-2.5-15 | 24 |
| of the Unified Code of Corrections to have a bachelor's or | 25 |
| advanced degree from an accredited college or university with a | 26 |
| specialization in criminal justice, education, psychology, |
|
|
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| 1 |
| social work, or a closely related social science or, in the | 2 |
| case of persons who provide vocational training, who are | 3 |
| required to have adequate knowledge in the skill for which they | 4 |
| are providing the vocational training.
| 5 |
| (n) A person employed in a position under subsection (b) of | 6 |
| this Section who has purchased service credit under subsection | 7 |
| (j) of Section 14-104 or subsection (b) of Section 14-105 in | 8 |
| any other capacity under this Article may convert up to 5 years | 9 |
| of that service credit into service credit covered under this | 10 |
| Section by paying to the Fund an amount equal to (1) the | 11 |
| additional employee contribution required under Section | 12 |
| 14-133, plus (2) the additional employer contribution required | 13 |
| under Section 14-131, plus (3) interest on items (1) and (2) at | 14 |
| the actuarially assumed rate from the date of the service to | 15 |
| the date of payment. | 16 |
| (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; | 17 |
| 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; revised 10-1-09.)
| 18 |
| (40 ILCS 5/14-152.1)
| 19 |
| Sec. 14-152.1. Application and expiration of new benefit | 20 |
| increases. | 21 |
| (a) As used in this Section, "new benefit increase" means | 22 |
| an increase in the amount of any benefit provided under this | 23 |
| Article, or an expansion of the conditions of eligibility for | 24 |
| any benefit under this Article, that results from an amendment | 25 |
| to this Code that takes effect after June 1, 2005 (the |
|
|
|
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| 1 |
| effective date of Public Act 94-4). "New benefit increase", | 2 |
| however, does not include any benefit increase resulting from | 3 |
| the changes made to this Article by Public Act 96-37 or this | 4 |
| amendatory Act of the 96th General Assembly this amendatory Act | 5 |
| of the 96th General Assembly .
| 6 |
| (b) Notwithstanding any other provision of this Code or any | 7 |
| subsequent amendment to this Code, every new benefit increase | 8 |
| is subject to this Section and shall be deemed to be granted | 9 |
| only in conformance with and contingent upon compliance with | 10 |
| the provisions of this Section.
| 11 |
| (c) The Public Act enacting a new benefit increase must | 12 |
| identify and provide for payment to the System of additional | 13 |
| funding at least sufficient to fund the resulting annual | 14 |
| increase in cost to the System as it accrues. | 15 |
| Every new benefit increase is contingent upon the General | 16 |
| Assembly providing the additional funding required under this | 17 |
| subsection. The Commission on Government Forecasting and | 18 |
| Accountability shall analyze whether adequate additional | 19 |
| funding has been provided for the new benefit increase and | 20 |
| shall report its analysis to the Public Pension Division of the | 21 |
| Department of Financial and Professional Regulation. A new | 22 |
| benefit increase created by a Public Act that does not include | 23 |
| the additional funding required under this subsection is null | 24 |
| and void. If the Public Pension Division determines that the | 25 |
| additional funding provided for a new benefit increase under | 26 |
| this subsection is or has become inadequate, it may so certify |
|
|
|
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| 1 |
| to the Governor and the State Comptroller and, in the absence | 2 |
| of corrective action by the General Assembly, the new benefit | 3 |
| increase shall expire at the end of the fiscal year in which | 4 |
| the certification is made.
| 5 |
| (d) Every new benefit increase shall expire 5 years after | 6 |
| its effective date or on such earlier date as may be specified | 7 |
| in the language enacting the new benefit increase or provided | 8 |
| under subsection (c). This does not prevent the General | 9 |
| Assembly from extending or re-creating a new benefit increase | 10 |
| by law. | 11 |
| (e) Except as otherwise provided in the language creating | 12 |
| the new benefit increase, a new benefit increase that expires | 13 |
| under this Section continues to apply to persons who applied | 14 |
| and qualified for the affected benefit while the new benefit | 15 |
| increase was in effect and to the affected beneficiaries and | 16 |
| alternate payees of such persons, but does not apply to any | 17 |
| other person, including without limitation a person who | 18 |
| continues in service after the expiration date and did not | 19 |
| apply and qualify for the affected benefit while the new | 20 |
| benefit increase was in effect.
| 21 |
| (Source: P.A. 96-37, eff. 7-13-09.) | 22 |
| Section 90. The State Mandates Act is amended by adding | 23 |
| Section 8.34 as follows: | 24 |
| (30 ILCS 805/8.34 new) |
|
|
|
HB5101 |
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| 1 |
| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | 2 |
| of this Act, no reimbursement by the State is required for the | 3 |
| implementation of any mandate created by this amendatory Act of | 4 |
| the 96th General Assembly.
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
|
|