Full Text of HB2035 95th General Assembly
HB2035sam004 95TH GENERAL ASSEMBLY
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Sen. Dale A. Righter
Filed: 8/9/2007
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09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
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| AMENDMENT TO HOUSE BILL 2035
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| AMENDMENT NO. ______. Amend House Bill 2035, AS AMENDED, | 3 |
| with reference to page and line numbers of Senate Amendment No. | 4 |
| 1, on page 40, immediately below line 4, by inserting the | 5 |
| following:
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| "Section 902. The Executive Reorganization Implementation | 7 |
| Act is amended by changing Section 3.1 as follows:
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| (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
| 9 |
| Sec. 3.1. "Agency directly responsible to the Governor" or | 10 |
| "agency" means
any office, officer, division, or part thereof,
| 11 |
| and any other office, nonelective officer, department, | 12 |
| division, bureau,
board, or commission in the executive branch | 13 |
| of State government,
except that it does not apply to any | 14 |
| agency whose primary function is service
to the General | 15 |
| Assembly or the Judicial Branch of State government, or to
any | 16 |
| agency administered by the Attorney General, Secretary of |
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| State, State
Comptroller or State Treasurer. In addition the | 2 |
| term does not apply to
the following agencies created by law | 3 |
| with the primary responsibility of
exercising regulatory
or | 4 |
| adjudicatory functions independently of the Governor:
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| (1) the State Board of Elections;
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| (2) the State Board of Education;
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| (3) the Illinois Commerce Commission;
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| (4) the Illinois Workers' Compensation
Commission;
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| (5) the Civil Service Commission;
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| (6) the Fair Employment Practices Commission;
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| (7) the Pollution Control Board;
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| (8) the Department of State Police Merit Board ; | 13 |
| (9) The Illinois Gaming Board .
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| (Source: P.A. 93-721, eff. 1-1-05.)"; and
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| on page 44, lines 19 and 23, by replacing "or the Illinois | 16 |
| Gaming Board" each time it appears with " or the Illinois Gaming | 17 |
| Board "; and | 18 |
| on page 45, by replacing lines 7 through 13 with the following: | 19 |
| "(c) The Department may enter into agreements with the | 20 |
| Illinois Gaming Board providing that investigators appointed | 21 |
| under this Section shall exercise the peace officer powers set | 22 |
| forth in paragraph (20.6) of subsection (c) of Section 5 of the | 23 |
| Riverboat and Casino Gambling Act.
Investigators appointed | 24 |
| under this Section who are assigned to the
Illinois Gaming |
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| Board have and may exercise all
the rights and powers
of peace | 2 |
| officers,
provided that these powers shall be limited to | 3 |
| offenses or violations occurring
or committed on a riverboat or | 4 |
| dock, as defined in subsections (d) and (f) of
Section 4 of the | 5 |
| Riverboat
Gambling Act. "; and | 6 |
| on page 57, immediately below line line 6, by inserting the | 7 |
| following: | 8 |
| "Section 927. The Illinois Pension Code is amended by | 9 |
| changing Sections 14-110, 14-152.1, 18-127, and 18-169 as | 10 |
| follows:
| 11 |
| (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 12 |
| Sec. 14-110. Alternative retirement annuity.
| 13 |
| (a) Any member who has withdrawn from service with not less | 14 |
| than 20
years of eligible creditable service and has attained | 15 |
| age 55, and any
member who has withdrawn from service with not | 16 |
| less than 25 years of
eligible creditable service and has | 17 |
| attained age 50, regardless of whether
the attainment of either | 18 |
| of the specified ages occurs while the member is
still in | 19 |
| service, shall be entitled to receive at the option of the | 20 |
| member,
in lieu of the regular or minimum retirement annuity, a | 21 |
| retirement annuity
computed as follows:
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| (i) for periods of service as a noncovered employee:
if | 23 |
| 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
| 18 |
| 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
| 16 |
| 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
| 26 |
| 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:
| 9 |
| (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.
| 19 |
| (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,
| 23 |
| mechanical/electrical H-4,
mechanical/electrical H-6,
| 24 |
| water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 25 |
| H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 26 |
| 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:
| 13 |
| (i) 25 years of eligible creditable service and age 55; | 14 |
| or
| 15 |
| (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
| 18 |
| (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
| 21 |
| (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
| 24 |
| (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.
| 4 |
| 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
| 11 |
| establishing such eligibility, and not for the purpose of | 12 |
| increasing or
calculating any benefit.
| 13 |
| (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.
| 21 |
| (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, |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 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 |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| 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 |
| (i) The total amount of eligible creditable service | 21 |
| established by any
person under subsections (g), (h), (j), (k), | 22 |
| and (l) of this
Section shall not exceed 12 years.
| 23 |
| (j) Subject to the limitation in subsection (i), an | 24 |
| investigator for
the Office of the State's Attorneys Appellate | 25 |
| Prosecutor or a controlled
substance inspector may elect to
| 26 |
| establish eligible creditable service for up to 10 years of his |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| service as
a policeman under Article 3 or a sheriff's law | 2 |
| enforcement employee under
Article 7, by filing a written | 3 |
| election with the Board, accompanied by
payment of an amount to | 4 |
| be determined by the Board, equal to (1) the
difference between | 5 |
| the amount of employee and employer contributions
transferred | 6 |
| to the System under Section 3-110.6 or 7-139.8, and the amounts
| 7 |
| that would have been contributed had such contributions been | 8 |
| made at the
rates applicable to State policemen, plus (2) | 9 |
| interest thereon at the
effective rate for each year, | 10 |
| compounded annually, from the date of service
to the date of | 11 |
| payment.
| 12 |
| (k) Subject to the limitation in subsection (i) of this | 13 |
| Section, an
alternative formula employee may elect to establish | 14 |
| eligible creditable
service for periods spent as a full-time | 15 |
| law enforcement officer or full-time
corrections officer | 16 |
| employed by the federal government or by a state or local
| 17 |
| government located outside of Illinois, for which credit is not | 18 |
| held in any
other public employee pension fund or retirement | 19 |
| system. To obtain this
credit, the applicant must file a | 20 |
| written application with the Board by March
31, 1998, | 21 |
| accompanied by evidence of eligibility acceptable to the Board | 22 |
| and
payment of an amount to be determined by the Board, equal | 23 |
| to (1) employee
contributions for the credit being established, | 24 |
| based upon the applicant's
salary on the first day as an | 25 |
| alternative formula employee after the employment
for which | 26 |
| credit is being established and the rates then applicable to
|
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| alternative formula employees, plus (2) an amount determined by | 2 |
| the Board
to be the employer's normal cost of the benefits | 3 |
| accrued for the credit being
established, plus (3) regular | 4 |
| interest on the amounts in items (1) and (2) from
the first day | 5 |
| as an alternative formula employee after the employment for | 6 |
| which
credit is being established to the date of payment.
| 7 |
| (l) Subject to the limitation in subsection (i), a security | 8 |
| employee of
the Department of Corrections may elect, not later | 9 |
| than July 1, 1998, to
establish eligible creditable service for | 10 |
| up to 10 years of his or her service
as a policeman under | 11 |
| Article 3, by filing a written election with the Board,
| 12 |
| accompanied by payment of an amount to be determined by the | 13 |
| Board, equal to
(i) the difference between the amount of | 14 |
| employee and employer contributions
transferred to the System | 15 |
| under Section 3-110.5, and the amounts that would
have been | 16 |
| contributed had such contributions been made at the rates | 17 |
| applicable
to security employees of the Department of | 18 |
| Corrections, plus (ii) interest
thereon at the effective rate | 19 |
| for each year, compounded annually, from the date
of service to | 20 |
| the date of payment.
| 21 |
| (m) The amendatory changes to this Section made by this | 22 |
| amendatory Act of the 94th General Assembly apply only to: (1) | 23 |
| security employees of the Department of Juvenile Justice | 24 |
| employed by the Department of Corrections before the effective | 25 |
| date of this amendatory Act of the 94th General Assembly and | 26 |
| transferred to the Department of Juvenile Justice by this |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| amendatory Act of the 94th General Assembly; and (2) persons | 2 |
| employed by the Department of Juvenile Justice on or after the | 3 |
| effective date of this amendatory Act of the 94th General | 4 |
| Assembly who are required by subsection (b) of Section 3-2.5-15 | 5 |
| of the Unified Code of Corrections to have a bachelor's or | 6 |
| advanced degree from an accredited college or university with a | 7 |
| specialization in criminal justice, education, psychology, | 8 |
| social work, or a closely related social science or, in the | 9 |
| case of persons who provide vocational training, who are | 10 |
| required to have adequate knowledge in the skill for which they | 11 |
| are providing the vocational training.
| 12 |
| (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06 .)
| 13 |
| (40 ILCS 5/14-152.1)
| 14 |
| Sec. 14-152.1. Application and expiration of new benefit | 15 |
| increases. | 16 |
| (a) As used in this Section, "new benefit increase" means | 17 |
| an increase in the amount of any benefit provided under this | 18 |
| Article, or an expansion of the conditions of eligibility for | 19 |
| any benefit under this Article, that results from an amendment | 20 |
| to this Code that takes effect after June 1, 2005 ( the | 21 |
| effective date of Public Act 94-4)
this amendatory Act of the | 22 |
| 94th General Assembly . "New benefit increase", however, does | 23 |
| not include any benefit increase resulting from the changes | 24 |
| made to this Article by this amendatory Act of the 95th General | 25 |
| Assembly.
|
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| (b) Notwithstanding any other provision of this Code or any | 2 |
| subsequent amendment to this Code, every new benefit increase | 3 |
| is subject to this Section and shall be deemed to be granted | 4 |
| only in conformance with and contingent upon compliance with | 5 |
| the provisions of this Section.
| 6 |
| (c) The Public Act enacting a new benefit increase must | 7 |
| identify and provide for payment to the System of additional | 8 |
| funding at least sufficient to fund the resulting annual | 9 |
| increase in cost to the System as it accrues. | 10 |
| Every new benefit increase is contingent upon the General | 11 |
| Assembly providing the additional funding required under this | 12 |
| subsection. The Commission on Government Forecasting and | 13 |
| Accountability shall analyze whether adequate additional | 14 |
| funding has been provided for the new benefit increase and | 15 |
| shall report its analysis to the Public Pension Division of the | 16 |
| Department of Financial and Professional Regulation. A new | 17 |
| benefit increase created by a Public Act that does not include | 18 |
| the additional funding required under this subsection is null | 19 |
| and void. If the Public Pension Division determines that the | 20 |
| additional funding provided for a new benefit increase under | 21 |
| this subsection is or has become inadequate, it may so certify | 22 |
| to the Governor and the State Comptroller and, in the absence | 23 |
| of corrective action by the General Assembly, the new benefit | 24 |
| increase shall expire at the end of the fiscal year in which | 25 |
| the certification is made.
| 26 |
| (d) Every new benefit increase shall expire 5 years after |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| its effective date or on such earlier date as may be specified | 2 |
| in the language enacting the new benefit increase or provided | 3 |
| under subsection (c). This does not prevent the General | 4 |
| Assembly from extending or re-creating a new benefit increase | 5 |
| by law. | 6 |
| (e) Except as otherwise provided in the language creating | 7 |
| the new benefit increase, a new benefit increase that expires | 8 |
| under this Section continues to apply to persons who applied | 9 |
| and qualified for the affected benefit while the new benefit | 10 |
| increase was in effect and to the affected beneficiaries and | 11 |
| alternate payees of such persons, but does not apply to any | 12 |
| other person, including without limitation a person who | 13 |
| continues in service after the expiration date and did not | 14 |
| apply and qualify for the affected benefit while the new | 15 |
| benefit increase was in effect.
| 16 |
| (Source: P.A. 94-4, eff. 6-1-05.)
| 17 |
| (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
| 18 |
| Sec. 18-127. Retirement annuity - suspension on | 19 |
| reemployment.
| 20 |
| (a) A participant receiving a retirement annuity who is | 21 |
| regularly
employed for compensation by an employer other than a | 22 |
| county, in any
capacity, shall have his or her retirement | 23 |
| annuity payments suspended
during such employment. Upon | 24 |
| termination of such employment, retirement
annuity payments at | 25 |
| the previous rate shall be resumed.
|
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| If such a participant resumes service as a judge, he or she
| 2 |
| shall receive credit for any additional service. Upon | 3 |
| subsequent
retirement, his or her retirement annuity shall be | 4 |
| the amount previously
granted, plus the amount earned by the | 5 |
| additional judicial service under
the provisions in effect | 6 |
| during the period of such additional service.
However, if the | 7 |
| participant was receiving the maximum rate of annuity at
the | 8 |
| time of re-employment, he or she may elect, in a written | 9 |
| direction
filed with the board, not to receive any additional | 10 |
| service credit during
the period of re-employment. In such | 11 |
| case, contributions shall not be
required during the period of | 12 |
| re-employment. Any such election shall be
irrevocable.
| 13 |
| (b) Beginning January 1, 1991, any participant receiving a | 14 |
| retirement
annuity who accepts temporary employment from an | 15 |
| employer other than a
county for a period not exceeding 75 | 16 |
| working days in any calendar year
shall not be deemed to be | 17 |
| regularly employed for compensation or to have
resumed service | 18 |
| as a judge for the purposes of this Article. A day shall
be | 19 |
| considered a working day if the annuitant performs on it any of | 20 |
| his
duties under the temporary employment agreement.
| 21 |
| (c) Except as provided in subsection (a), beginning January | 22 |
| 1, 1993,
retirement annuities shall not be subject to | 23 |
| suspension upon resumption of
employment for an employer, and | 24 |
| any retirement annuity that is then so
suspended shall be | 25 |
| reinstated on that date.
| 26 |
| (d) The changes made in this Section by this amendatory Act |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| of 1993
shall apply to judges no longer in service on its | 2 |
| effective date, as well as to
judges serving on or after that | 3 |
| date.
| 4 |
| (e) A participant receiving a retirement
annuity under this | 5 |
| Article who (i) serves as a part-time employee in any of the | 6 |
| following positions: Legislative Inspector General, Special | 7 |
| Legislative Inspector General, employee of the Office of the | 8 |
| Legislative Inspector General, Executive Director of the | 9 |
| Legislative Ethics Commission, or staff of the Legislative | 10 |
| Ethics Commission or (ii), on January 1, 2007, is serving on | 11 |
| the Illinois Gaming Board , but has not elected to participate | 12 |
| in the Article 14 System with respect to that service, shall | 13 |
| not be deemed to be regularly employed for compensation by an | 14 |
| employer other than a county, nor to have
resumed service as a | 15 |
| judge, on the basis of that service, and the retirement annuity | 16 |
| payments and other benefits of that person under this Code | 17 |
| shall not be suspended, diminished, or otherwise impaired | 18 |
| solely as a consequence of that service. This subsection (e) | 19 |
| applies without regard to whether the person is in service as a | 20 |
| judge under this Article on or after the effective date of this | 21 |
| amendatory Act of the 93rd General Assembly. In this | 22 |
| subsection, a "part-time employee" is a person who is not | 23 |
| required to work at least 35 hours per week.
The changes made | 24 |
| to this subsection (e) by this amendatory Act of the 95th | 25 |
| General Assembly apply without regard to whether the person is | 26 |
| in service as a judge under this Article on or after the |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| effective date of this amendatory Act of the 95th General | 2 |
| Assembly.
| 3 |
| (f) A participant receiving a retirement annuity under this | 4 |
| Article who has made an election under Section 1-123 and who is | 5 |
| serving either as legal counsel in the Office of the Governor | 6 |
| or as Chief Deputy Attorney General shall not be deemed to be | 7 |
| regularly employed for compensation by an employer other than a | 8 |
| county, nor to have resumed service as a judge, on the basis of | 9 |
| that service, and the retirement annuity payments and other | 10 |
| benefits of that person under this Code shall not be suspended, | 11 |
| diminished, or otherwise impaired solely as a consequence of | 12 |
| that service. This subsection (f) applies without regard to | 13 |
| whether the person is in service as a judge under this Article | 14 |
| on or after the effective date of this amendatory Act of the | 15 |
| 93rd General Assembly.
| 16 |
| (Source: P.A. 93-685, eff. 7-8-04; 93-1069, eff. 1-15-05.)
| 17 |
| (40 ILCS 5/18-169)
| 18 |
| Sec. 18-169. Application and expiration of new benefit | 19 |
| increases. | 20 |
| (a) As used in this Section, "new benefit increase" means | 21 |
| an increase in the amount of any benefit provided under this | 22 |
| Article, or an expansion of the conditions of eligibility for | 23 |
| any benefit under this Article, that results from an amendment | 24 |
| to this Code that takes effect after June 1, 2005 ( the | 25 |
| effective date Public Act 94-4)
of this amendatory Act of the |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| 94th General Assembly . "New benefit increase", however, does | 2 |
| not include any benefit increase resulting from the changes | 3 |
| made to this Article by this amendatory Act of the 95th General | 4 |
| Assembly. | 5 |
| (b) Notwithstanding any other provision of this Code or any | 6 |
| subsequent amendment to this Code, every new benefit increase | 7 |
| is subject to this Section and shall be deemed to be granted | 8 |
| only in conformance with and contingent upon compliance with | 9 |
| the provisions of this Section.
| 10 |
| (c) The Public Act enacting a new benefit increase must | 11 |
| identify and provide for payment to the System of additional | 12 |
| funding at least sufficient to fund the resulting annual | 13 |
| increase in cost to the System as it accrues. | 14 |
| Every new benefit increase is contingent upon the General | 15 |
| Assembly providing the additional funding required under this | 16 |
| subsection. The Commission on Government Forecasting and | 17 |
| Accountability shall analyze whether adequate additional | 18 |
| funding has been provided for the new benefit increase and | 19 |
| shall report its analysis to the Public Pension Division of the | 20 |
| Department of Financial and Professional Regulation. A new | 21 |
| benefit increase created by a Public Act that does not include | 22 |
| the additional funding required under this subsection is null | 23 |
| and void. If the Public Pension Division determines that the | 24 |
| additional funding provided for a new benefit increase under | 25 |
| this subsection is or has become inadequate, it may so certify | 26 |
| to the Governor and the State Comptroller and, in the absence |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| of corrective action by the General Assembly, the new benefit | 2 |
| increase shall expire at the end of the fiscal year in which | 3 |
| the certification is made.
| 4 |
| (d) Every new benefit increase shall expire 5 years after | 5 |
| its effective date or on such earlier date as may be specified | 6 |
| in the language enacting the new benefit increase or provided | 7 |
| under subsection (c). This does not prevent the General | 8 |
| Assembly from extending or re-creating a new benefit increase | 9 |
| by law. | 10 |
| (e) Except as otherwise provided in the language creating | 11 |
| the new benefit increase, a new benefit increase that expires | 12 |
| under this Section continues to apply to persons who applied | 13 |
| and qualified for the affected benefit while the new benefit | 14 |
| increase was in effect and to the affected beneficiaries and | 15 |
| alternate payees of such persons, but does not apply to any | 16 |
| other person, including without limitation a person who | 17 |
| continues in service after the expiration date and did not | 18 |
| apply and qualify for the affected benefit while the new | 19 |
| benefit increase was in effect.
| 20 |
| (Source: P.A. 94-4, eff. 6-1-05.)"; and
| 21 |
| on page 147, line 7, after "5,", by inserting "5.1,"; and | 22 |
| on page 147, line 9, after "5.2", by inserting ", 5.3, and | 23 |
| 18.5"; and |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| on page 151, by replacing line 10 with the following: | 2 |
| " (j)
"Department" means the Department of Revenue. "; and | 3 |
| on page 152, lines 3 and 4, by replacing "within the Department | 4 |
| of Revenue an" with " the
within the Department of Revenue an "; | 5 |
| and | 6 |
| on page 152, line 4, by replacing "Board" with "Board , "; and | 7 |
| by replacing line 18 on page 153 through line 7 on page 154 | 8 |
| with the following: | 9 |
| "(5) No person shall be appointed a member of the Board or | 10 |
| continue to be
a member of the Board who is, or whose spouse, | 11 |
| child or parent is, a member
of the board of directors of, or a | 12 |
| person financially interested in, any
gambling operation or any | 13 |
| business entity in any way involved in any gambling operation
| 14 |
| subject to the jurisdiction of this Board, or any race
track, | 15 |
| race meeting, racing association or the operations thereof | 16 |
| subject
to the jurisdiction of the Illinois Racing Board. No | 17 |
| Board member shall
hold any other public office for which he | 18 |
| shall receive compensation other
than necessary travel or other | 19 |
| incidental expenses . No person shall be a
member of the Board | 20 |
| who is not of good moral character or who has been
convicted | 21 |
| of, or is under indictment for, a felony under the laws of
| 22 |
| Illinois or any other state, or the United States.
| 23 |
| (5.5) No member of the Board shall engage in any political |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| activity. For the purposes of this Section, "political" means | 2 |
| any activity in support
of or in connection with any campaign | 3 |
| for federal, State, or local elective office or any political
| 4 |
| organization, but does not include activities (i) relating to | 5 |
| the support or
opposition of any executive, legislative, or | 6 |
| administrative action (as those
terms are defined in Section 2 | 7 |
| of the Lobbyist Registration Act), (ii) relating
to collective | 8 |
| bargaining, or (iii) that are
otherwise
in furtherance of the | 9 |
| person's official
State duties or governmental and public | 10 |
| service functions.
| 11 |
| (6) Any member of the Board may be removed by the Governor | 12 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 13 |
| in office or for engaging in any political activity ."; and | 14 |
| on page 155, by replacing lines 1 through 3 with the following: | 15 |
| "(8) The
Upon the request of the Board , the Department
| 16 |
| shall employ such
personnel as may be necessary to carry out | 17 |
| its
the
functions
and shall determine the salaries of all | 18 |
| personnel, except those personnel whose salaries are | 19 |
| determined under the terms of a collective bargaining agreement
| 20 |
| of the Board . No
person shall be employed to serve"; and | 21 |
| on page 155, by replacing lines 12 and 13 with the following: | 22 |
| "shall be determined by
the Board and approved by the Director | 23 |
| of the Department and, in addition,
he shall be reimbursed | 24 |
| for"; and |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| on page 159, by replacing lines 3 through 8 with the following:
| 2 |
| "(11) (Blank); and
| 3 |
| (12) (Blank); and
To assume responsibility for the | 4 |
| administration and
enforcement of the Bingo License and Tax | 5 |
| Act, the Charitable Games Act, and
the Pull Tabs and Jar | 6 |
| Games Act if such responsibility is delegated to it
by the | 7 |
| Director of Revenue.
| 8 |
| (13) To adopt, by rule, a code of conduct governing | 9 |
| Board members and employees that ensure, to the maximum | 10 |
| extent possible, that persons subject to this Code avoid | 11 |
| situations, relationships, or associations that may | 12 |
| represent or lead to a conflict of interest. "; and | 13 |
| on page 164, immediately below line 19, by inserting the | 14 |
| following: | 15 |
| " (20.5) To approve any contract entered into on its | 16 |
| behalf.
| 17 |
| (20.6) To appoint investigators to conduct | 18 |
| investigations, searches, seizures, arrests, and other | 19 |
| duties imposed under this Act, as deemed necessary by the | 20 |
| Board. These investigators have and may exercise all of the | 21 |
| rights and powers of peace officers, provided that these | 22 |
| powers shall be limited to offenses or violations occurring | 23 |
| or committed on a riverboat or dock, as defined in | 24 |
| subsections (d) and (f) of Section 4, or as otherwise |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| provided by this Act or any other law. | 2 |
| (20.7) To contract with the Department of State Police | 3 |
| for the use of trained and qualified State police officers | 4 |
| and with the Department of Revenue for the use of trained | 5 |
| and qualified Department of Revenue investigators to | 6 |
| conduct investigations, searches, seizures, arrests, and | 7 |
| other duties imposed under this Act and to exercise all of | 8 |
| the rights and powers of peace officers, provided that the | 9 |
| powers of Department of Revenue investigators under this | 10 |
| subdivision (20.7) shall be limited to offenses or | 11 |
| violations occurring or committed on a riverboat or dock, | 12 |
| as defined in subsections (d) and (f) of Section 4, or as | 13 |
| otherwise provided by this Act or any other law. In the | 14 |
| event the Department of State Police or the Department of | 15 |
| Revenue is unable to fill contracted police or | 16 |
| investigative positions, the Board may appoint | 17 |
| investigators to fill those positions pursuant to | 18 |
| subdivision (20.6). "; and | 19 |
| on page 165, immediately below line 12, by inserting the | 20 |
| following:
| 21 |
| "(230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| 22 |
| Sec. 5.1. Disclosure of records.
| 23 |
| (a) Notwithstanding any applicable statutory provision to | 24 |
| the contrary,
the Board shall, on written request from any |
|
|
|
09500HB2035sam004 |
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LRB095 08248 AMC 38592 a |
|
| 1 |
| person, provide
information furnished by an applicant or | 2 |
| licensee concerning the applicant
or licensee, his products, | 3 |
| services or gambling enterprises and his
business holdings, as | 4 |
| follows:
| 5 |
| (1) The name, business address and business telephone | 6 |
| number of any
applicant or licensee.
| 7 |
| (2) An identification of any applicant or licensee | 8 |
| including, if an
applicant or licensee is not an | 9 |
| individual, the state of incorporation or
registration, | 10 |
| the corporate officers, and the identity of all | 11 |
| shareholders
or participants. If an applicant or licensee | 12 |
| has a pending registration
statement filed with the | 13 |
| Securities and Exchange Commission, only the names
of those | 14 |
| persons or entities holding interest of 5% or more must be | 15 |
| provided.
| 16 |
| (3) An identification of any business, including, if | 17 |
| applicable, the
state of incorporation or registration, in | 18 |
| which an applicant or licensee
or an applicant's or | 19 |
| licensee's spouse or children has an equity interest
of | 20 |
| more than 1%
5% . If an applicant or licensee is a | 21 |
| corporation, partnership
or other business entity, the | 22 |
| applicant or licensee shall identify any
other | 23 |
| corporation, partnership or business entity in which it has | 24 |
| an equity
interest of 1%
5% or more, including, if | 25 |
| applicable, the state of
incorporation or registration. | 26 |
| This information need not be provided by a
corporation, |
|
|
|
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|
| 1 |
| partnership or other business entity that has a pending
| 2 |
| registration statement filed with the Securities and | 3 |
| Exchange Commission.
| 4 |
| (4) Whether an applicant or licensee has been indicted, | 5 |
| convicted,
pleaded guilty or nolo contendere, or forfeited | 6 |
| bail concerning any
criminal offense under the laws of any | 7 |
| jurisdiction, either felony or
misdemeanor (except for | 8 |
| traffic violations), including the date, the name
and | 9 |
| location of the court, arresting agency and prosecuting | 10 |
| agency, the
case number, the offense, the disposition and | 11 |
| the location and length of
incarceration.
| 12 |
| (5) Whether an applicant or licensee has had any | 13 |
| license or
certificate issued by a licensing authority in | 14 |
| Illinois or any other
jurisdiction denied, restricted, | 15 |
| suspended, revoked or not renewed and a
statement | 16 |
| describing the facts and circumstances concerning the | 17 |
| denial,
restriction, suspension, revocation or | 18 |
| non-renewal, including the licensing
authority, the date | 19 |
| each such action was taken, and the reason for each
such | 20 |
| action.
| 21 |
| (6) Whether an applicant or licensee has ever filed or | 22 |
| had filed against
it a proceeding in bankruptcy or has ever | 23 |
| been involved in any formal
process to adjust, defer, | 24 |
| suspend or otherwise work out the payment of any
debt | 25 |
| including the date of filing, the name and location of the | 26 |
| court, the
case and number of the disposition.
|
|
|
|
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LRB095 08248 AMC 38592 a |
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| 1 |
| (7) Whether an applicant or licensee has filed, or been | 2 |
| served with a
complaint or other notice filed with any | 3 |
| public body, regarding the
delinquency in the payment of, | 4 |
| or a dispute over the filings concerning the
payment of, | 5 |
| any tax required under federal, State or local law, | 6 |
| including
the amount, type of tax, the taxing agency and | 7 |
| time periods involved.
| 8 |
| (8) A statement listing the names and titles of all | 9 |
| public officials
or officers of any unit of government, and | 10 |
| relatives of said
public officials or officers who, | 11 |
| directly or indirectly, own
any financial interest in, have | 12 |
| any beneficial interest in, are the
creditors of or hold | 13 |
| any debt instrument issued by, or hold or have any
interest | 14 |
| in any contractual or service relationship with, an | 15 |
| applicant
or licensee.
| 16 |
| (9) Whether an applicant or licensee has made, directly | 17 |
| or indirectly,
any political contribution, or any loans, | 18 |
| donations or other payments, to
any candidate or office | 19 |
| holder, within 5 years from the date of filing the
| 20 |
| application, including the amount and the method of | 21 |
| payment.
| 22 |
| (10) The name and business telephone number of the | 23 |
| counsel
representing an applicant or licensee in matters | 24 |
| before the Board.
| 25 |
| (11) A description of any proposed or approved | 26 |
| riverboat
gaming operation, including the type of boat, |
|
|
|
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LRB095 08248 AMC 38592 a |
|
| 1 |
| home dock location, expected
economic benefit to the | 2 |
| community, anticipated or actual number of
employees, any | 3 |
| statement from an applicant or licensee regarding | 4 |
| compliance
with federal and State affirmative action | 5 |
| guidelines, projected or actual
admissions and projected | 6 |
| or actual adjusted gross gaming receipts.
| 7 |
| (12) A description of the product or service to be | 8 |
| supplied by an
applicant for a supplier's license.
| 9 |
| (b) Notwithstanding any applicable statutory provision to | 10 |
| the contrary,
the Board shall, on written request from any | 11 |
| person, also provide
the following information:
| 12 |
| (1) The amount of the wagering tax and admission tax | 13 |
| paid daily to the
State of Illinois by the holder of an | 14 |
| owner's license.
| 15 |
| (2) Whenever the Board finds an applicant for an | 16 |
| owner's license
unsuitable for licensing, a copy of the | 17 |
| written letter outlining the
reasons for the denial.
| 18 |
| (3) Whenever the Board has refused to grant leave for | 19 |
| an applicant to
withdraw his application, a copy of the | 20 |
| letter outlining the reasons for
the refusal.
| 21 |
| (c) Subject to the above provisions, the Board shall not | 22 |
| disclose any
information which would be barred by:
| 23 |
| (1) Section 7 of the Freedom of Information Act; or
| 24 |
| (2) The statutes, rules, regulations or | 25 |
| intergovernmental agreements
of any jurisdiction.
| 26 |
| (d) The Board may assess fees for the copying of |
|
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LRB095 08248 AMC 38592 a |
|
| 1 |
| information in
accordance with Section 6 of the Freedom of | 2 |
| Information Act.
| 3 |
| (Source: P.A. 87-826.)"; and
| 4 |
| on page 165, immediately below line 19, by inserting the | 5 |
| following: | 6 |
| "(230 ILCS 10/5.3 new)
| 7 |
| Sec. 5.3. Separation from Department of Revenue. On the | 8 |
| effective date of this amendatory Act of the 95th General | 9 |
| Assembly, all of the powers, duties, assets, liabilities, | 10 |
| employees, contracts, property, records, pending business, and | 11 |
| unexpended appropriations of the Department of Revenue related | 12 |
| to the administration and enforcement of this Act are | 13 |
| transferred to the Illinois Gaming Board. | 14 |
| The status and rights of the transferred employees, and the | 15 |
| rights of the State of Illinois and its agencies, under the | 16 |
| Personnel Code and applicable collective bargaining agreements | 17 |
| or under any pension, retirement, or annuity plan are not | 18 |
| affected (except as provided in Sections 14-110 and 18-127 of | 19 |
| the Illinois Pension Code) by that transfer or by any other | 20 |
| provision of this amendatory Act of the 95th General | 21 |
| Assembly. "; and
| 22 |
| on page 208, by replacing lines 8 through 13 with the | 23 |
| following: |
|
|
|
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|
| 1 |
| "(c) Appropriations, as approved by the General Assembly, | 2 |
| may be made
from the State Gaming Fund to the Board (i)
| 3 |
| Department of Revenue and the Department
of State Police for | 4 |
| the administration and enforcement of this Act, (ii) for | 5 |
| distribution to the Department of State Police and to the | 6 |
| Department of Revenue for the enforcement of this Act, and | 7 |
| (iii)
or to the
Department of Human Services for the | 8 |
| administration of programs to treat
problem gambling."; and | 9 |
| on page 219, immediately below line 14, by inserting the | 10 |
| following: | 11 |
| "(230 ILCS 10/18.5 new)
| 12 |
| Sec. 18.5. Political contributions prohibited. Neither a | 13 |
| candidate for public office nor his or her campaign committee | 14 |
| may solicit political contributions from any of the following: | 15 |
| (1) Any licensee or applicant for licensure under this | 16 |
| Act. | 17 |
| (2) Any director, officer, or employer of a licensee or | 18 |
| applicant for licensure under this Act. | 19 |
| (3) Any person or trustee entitled to receive more than | 20 |
| 1% of distributable income of a licensee or an applicant | 21 |
| for licensure under this Act. ".
|
|