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

SB3778 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3778

 

Introduced 1/21/2022, by Sen. Christopher Belt

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the State Employee Article of the Illinois Pension Code. Provides that an investigator for the Department of Revenue or investigator for the Illinois Gaming Board may elect to establish eligible creditable service under the alternative retirement annuity formula for up to 5 years of service as a person employed by a participating municipality to perform police duties under the Illinois Municipal Retirement Fund (IMRF) Article, a county corrections officer, a court services officer under the Cook County Article, or a firefighter under the Downstate Firefighter Article by filing a written election with the Board within 6 months after the effective date of the amendatory Act and paying to the System an amount to be determined by the Board equal to (i) the difference between the amount of employee and employer contributions transferred to the System and the amounts that would have been contributed had such contributions been made at the rates applicable to investigators for the Department of Revenue or investigators for the Illinois Gaming Board, plus (ii) interest thereon at the actuarially assumed rate for each year, compounded annually, from the date of service to the date of payment. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Makes conforming changes in the Downstate Firefighter, Cook County, and IMRF Articles. Amends the State Mandates Act to require implementation without reimbursement by the State.


LRB102 23771 RPS 32962 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB3778LRB102 23771 RPS 32962 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 4-108.8, 7-139.8, 9-121.10, 14-110, and
614-152.1 as follows:
 
7    (40 ILCS 5/4-108.8)
8    Sec. 4-108.8. Transfer of creditable service to the State
9Employees' Retirement System.
10    (a) Any active member of the State Employees' Retirement
11System who is an arson investigator, investigator for the
12Department of Revenue, or investigator for the Illinois Gaming
13Board may apply for transfer of some or all of his or her
14credits and creditable service accumulated in any
15firefighters' pension fund under this Article to the State
16Employees' Retirement System in accordance with Section
1714-110. The creditable service shall be transferred only upon
18payment by the firefighters' pension fund to the State
19Employees' Retirement System of an amount equal to:
20        (1) the amounts accumulated to the credit of the
21    applicant for the service to be transferred on file with
22    the fund on the date of transfer;
23        (2) employer contributions in an amount equal to the

 

 

SB3778- 2 -LRB102 23771 RPS 32962 b

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

 

 

SB3778- 3 -LRB102 23771 RPS 32962 b

1service as a sheriff's law enforcement employee, person
2employed by a participating municipality to perform police
3duties, or law enforcement officer employed on a full-time
4basis by a forest preserve district to the State Employees'
5Retirement System in accordance with Section 14-110. The
6creditable service shall be transferred only upon payment by
7this Fund to the State Employees' Retirement System of an
8amount equal to:
9        (1) the amounts accumulated to the credit of the
10    applicant for the service to be transferred, including
11    interest; and
12        (2) municipality credits based on such service,
13    including interest; and
14        (3) any interest paid by the applicant to reinstate
15    such service.
16Participation in this Fund as to any credits transferred under
17this Section shall terminate on the date of transfer.
18    (b) Any person applying to transfer service under this
19Section may reinstate credits and creditable service
20terminated upon receipt of a separation benefit, by paying to
21the Fund the amount of the separation benefit plus interest
22thereon at the actuarially assumed rate of interest to the
23date of payment.
24(Source: P.A. 102-210, eff. 7-30-21.)
 
25    (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)

 

 

SB3778- 4 -LRB102 23771 RPS 32962 b

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

 

 

SB3778- 5 -LRB102 23771 RPS 32962 b

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

 

 

SB3778- 6 -LRB102 23771 RPS 32962 b

1        (ii) for periods of eligible creditable service as a
2    covered employee: if retirement occurs on or after January
3    1, 2001, 2.5% of final average compensation for each year
4    of creditable service; if retirement occurs before January
5    1, 2001, 1.67% of final average compensation for each of
6    the first 10 years of such service, 1.90% for each of the
7    next 10 years of such service, 2.10% for each year of such
8    service in excess of 20 but not exceeding 30, and 2.30% for
9    each year in excess of 30.
10    Such annuity shall be subject to a maximum of 75% of final
11average compensation if retirement occurs before January 1,
122001 or to a maximum of 80% of final average compensation if
13retirement occurs on or after January 1, 2001.
14    These rates shall not be applicable to any service
15performed by a member as a covered employee which is not
16eligible creditable service. Service as a covered employee
17which is not eligible creditable service shall be subject to
18the rates and provisions of Section 14-108.
19    (b) For the purpose of this Section, "eligible creditable
20service" means creditable service resulting from service in
21one or more of the following positions:
22        (1) State policeman;
23        (2) fire fighter in the fire protection service of a
24    department;
25        (3) air pilot;
26        (4) special agent;

 

 

SB3778- 7 -LRB102 23771 RPS 32962 b

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

 

 

SB3778- 8 -LRB102 23771 RPS 32962 b

1basic police training course approved by the Illinois Law
2Enforcement Training Standards Board, if completion of that
3training is required of persons serving in that position. For
4the purposes of this Code, service during the required basic
5police training course shall be deemed performance of the
6duties of the specified position, even though the person is
7not a sworn peace officer at the time of the training.
8    A person under paragraph (20) is entitled to eligible
9creditable service for service credit earned under this
10Article on and after his or her transfer by Executive Order No.
112003-10, Executive Order No. 2004-2, or Executive Order No.
122016-1.
13    (c) For the purposes of this Section:
14        (1) The term "State policeman" includes any title or
15    position in the Illinois State Police that is held by an
16    individual employed under the Illinois State Police Act.
17        (2) The term "fire fighter in the fire protection
18    service of a department" includes all officers in such
19    fire protection service including fire chiefs and
20    assistant fire chiefs.
21        (3) The term "air pilot" includes any employee whose
22    official job description on file in the Department of
23    Central Management Services, or in the department by which
24    he is employed if that department is not covered by the
25    Personnel Code, states that his principal duty is the
26    operation of aircraft, and who possesses a pilot's

 

 

SB3778- 9 -LRB102 23771 RPS 32962 b

1    license; however, the change in this definition made by
2    Public Act 83-842 this amendatory Act of 1983 shall not
3    operate to exclude any noncovered employee who was an "air
4    pilot" for the purposes of this Section on January 1,
5    1984.
6        (4) The term "special agent" means any person who by
7    reason of employment by the Division of Narcotic Control,
8    the Bureau of Investigation or, after July 1, 1977, the
9    Division of Criminal Investigation, the Division of
10    Internal Investigation, the Division of Operations, the
11    Division of Patrol Operations, or any other Division or
12    organizational entity in the Illinois State Police is
13    vested by law with duties to maintain public order,
14    investigate violations of the criminal law of this State,
15    enforce the laws of this State, make arrests and recover
16    property. The term "special agent" includes any title or
17    position in the Illinois State Police that is held by an
18    individual employed under the Illinois State Police Act.
19        (5) The term "investigator for the Secretary of State"
20    means any person employed by the Office of the Secretary
21    of State and vested with such investigative duties as
22    render him ineligible for coverage under the Social
23    Security Act by reason of Sections 218(d)(5)(A),
24    218(d)(8)(D) and 218(l)(1) of that Act.
25        A person who became employed as an investigator for
26    the Secretary of State between January 1, 1967 and

 

 

SB3778- 10 -LRB102 23771 RPS 32962 b

1    December 31, 1975, and who has served as such until
2    attainment of age 60, either continuously or with a single
3    break in service of not more than 3 years duration, which
4    break terminated before January 1, 1976, shall be entitled
5    to have his retirement annuity calculated in accordance
6    with subsection (a), notwithstanding that he has less than
7    20 years of credit for such service.
8        (6) The term "Conservation Police Officer" means any
9    person employed by the Division of Law Enforcement of the
10    Department of Natural Resources and vested with such law
11    enforcement duties as render him ineligible for coverage
12    under the Social Security Act by reason of Sections
13    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
14    term "Conservation Police Officer" includes the positions
15    of Chief Conservation Police Administrator and Assistant
16    Conservation Police Administrator.
17        (7) The term "investigator for the Department of
18    Revenue" means any person employed by the Department of
19    Revenue and vested with such investigative duties as
20    render him ineligible for coverage under the Social
21    Security Act by reason of Sections 218(d)(5)(A),
22    218(d)(8)(D) and 218(l)(1) of that Act.
23        The term "investigator for the Illinois Gaming Board"
24    means any person employed as such by the Illinois Gaming
25    Board and vested with such peace officer duties as render
26    the person ineligible for coverage under the Social

 

 

SB3778- 11 -LRB102 23771 RPS 32962 b

1    Security Act by reason of Sections 218(d)(5)(A),
2    218(d)(8)(D), and 218(l)(1) of that Act.
3        (8) The term "security employee of the Department of
4    Human Services" means any person employed by the
5    Department of Human Services who (i) is employed at the
6    Chester Mental Health Center and has daily contact with
7    the residents thereof, (ii) is employed within a security
8    unit at a facility operated by the Department and has
9    daily contact with the residents of the security unit,
10    (iii) is employed at a facility operated by the Department
11    that includes a security unit and is regularly scheduled
12    to work at least 50% of his or her working hours within
13    that security unit, or (iv) is a mental health police
14    officer. "Mental health police officer" means any person
15    employed by the Department of Human Services in a position
16    pertaining to the Department's mental health and
17    developmental disabilities functions who is vested with
18    such law enforcement duties as render the person
19    ineligible for coverage under the Social Security Act by
20    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
21    218(l)(1) of that Act. "Security unit" means that portion
22    of a facility that is devoted to the care, containment,
23    and treatment of persons committed to the Department of
24    Human Services as sexually violent persons, persons unfit
25    to stand trial, or persons not guilty by reason of
26    insanity. With respect to past employment, references to

 

 

SB3778- 12 -LRB102 23771 RPS 32962 b

1    the Department of Human Services include its predecessor,
2    the Department of Mental Health and Developmental
3    Disabilities.
4        The changes made to this subdivision (c)(8) by Public
5    Act 92-14 apply to persons who retire on or after January
6    1, 2001, notwithstanding Section 1-103.1.
7        (9) "Central Management Services security police
8    officer" means any person employed by the Department of
9    Central Management Services who is vested with such law
10    enforcement duties as render him ineligible for coverage
11    under the Social Security Act by reason of Sections
12    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
13        (10) For a member who first became an employee under
14    this Article before July 1, 2005, the term "security
15    employee of the Department of Corrections or the
16    Department of Juvenile Justice" means any employee of the
17    Department of Corrections or the Department of Juvenile
18    Justice or the former Department of Personnel, and any
19    member or employee of the Prisoner Review Board, who has
20    daily contact with inmates or youth by working within a
21    correctional facility or Juvenile facility operated by the
22    Department of Juvenile Justice or who is a parole officer
23    or an employee who has direct contact with committed
24    persons in the performance of his or her job duties. For a
25    member who first becomes an employee under this Article on
26    or after July 1, 2005, the term means an employee of the

 

 

SB3778- 13 -LRB102 23771 RPS 32962 b

1    Department of Corrections or the Department of Juvenile
2    Justice who is any of the following: (i) officially
3    headquartered at a correctional facility or Juvenile
4    facility operated by the Department of Juvenile Justice,
5    (ii) a parole officer, (iii) a member of the apprehension
6    unit, (iv) a member of the intelligence unit, (v) a member
7    of the sort team, or (vi) an investigator.
8        (11) The term "dangerous drugs investigator" means any
9    person who is employed as such by the Department of Human
10    Services.
11        (12) The term "investigator for the Illinois State
12    Police" means a person employed by the Illinois State
13    Police who is vested under Section 4 of the Narcotic
14    Control Division Abolition Act with such law enforcement
15    powers as render him ineligible for coverage under the
16    Social Security Act by reason of Sections 218(d)(5)(A),
17    218(d)(8)(D) and 218(l)(1) of that Act.
18        (13) "Investigator for the Office of the Attorney
19    General" means any person who is employed as such by the
20    Office of the Attorney General and is vested with such
21    investigative duties as render him ineligible for coverage
22    under the Social Security Act by reason of Sections
23    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
24    the period before January 1, 1989, the term includes all
25    persons who were employed as investigators by the Office
26    of the Attorney General, without regard to social security

 

 

SB3778- 14 -LRB102 23771 RPS 32962 b

1    status.
2        (14) "Controlled substance inspector" means any person
3    who is employed as such by the Department of Professional
4    Regulation and is vested with such law enforcement duties
5    as render him ineligible for coverage under the Social
6    Security Act by reason of Sections 218(d)(5)(A),
7    218(d)(8)(D) and 218(l)(1) of that Act. The term
8    "controlled substance inspector" includes the Program
9    Executive of Enforcement and the Assistant Program
10    Executive of Enforcement.
11        (15) The term "investigator for the Office of the
12    State's Attorneys Appellate Prosecutor" means a person
13    employed in that capacity on a full-time full time basis
14    under the authority of Section 7.06 of the State's
15    Attorneys Appellate Prosecutor's Act.
16        (16) "Commerce Commission police officer" means any
17    person employed by the Illinois Commerce Commission who is
18    vested with such law enforcement duties as render him
19    ineligible for coverage under the Social Security Act by
20    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
21    218(l)(1) of that Act.
22        (17) "Arson investigator" means any person who is
23    employed as such by the Office of the State Fire Marshal
24    and is vested with such law enforcement duties as render
25    the person ineligible for coverage under the Social
26    Security Act by reason of Sections 218(d)(5)(A),

 

 

SB3778- 15 -LRB102 23771 RPS 32962 b

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

 

 

SB3778- 16 -LRB102 23771 RPS 32962 b

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

 

 

SB3778- 17 -LRB102 23771 RPS 32962 b

1the Department of Human Services who is not a mental health
2police officer, and a security employee of the Department of
3Innovation and Technology shall not be eligible for the
4alternative retirement annuity provided by this Section unless
5he or she meets the following minimum age and service
6requirements at the time of retirement:
7        (i) 25 years of eligible creditable service and age
8    55; or
9        (ii) beginning January 1, 1987, 25 years of eligible
10    creditable service and age 54, or 24 years of eligible
11    creditable service and age 55; or
12        (iii) beginning January 1, 1988, 25 years of eligible
13    creditable service and age 53, or 23 years of eligible
14    creditable service and age 55; or
15        (iv) beginning January 1, 1989, 25 years of eligible
16    creditable service and age 52, or 22 years of eligible
17    creditable service and age 55; or
18        (v) beginning January 1, 1990, 25 years of eligible
19    creditable service and age 51, or 21 years of eligible
20    creditable service and age 55; or
21        (vi) beginning January 1, 1991, 25 years of eligible
22    creditable service and age 50, or 20 years of eligible
23    creditable service and age 55.
24    Persons who have service credit under Article 16 of this
25Code for service as a security employee of the Department of
26Corrections or the Department of Juvenile Justice, or the

 

 

SB3778- 18 -LRB102 23771 RPS 32962 b

1Department of Human Services in a position requiring
2certification as a teacher may count such service toward
3establishing their eligibility under the service requirements
4of this Section; but such service may be used only for
5establishing such eligibility, and not for the purpose of
6increasing or calculating any benefit.
7    (e) If a member enters military service while working in a
8position in which eligible creditable service may be earned,
9and returns to State service in the same or another such
10position, and fulfills in all other respects the conditions
11prescribed in this Article for credit for military service,
12such military service shall be credited as eligible creditable
13service for the purposes of the retirement annuity prescribed
14in this Section.
15    (f) For purposes of calculating retirement annuities under
16this Section, periods of service rendered after December 31,
171968 and before October 1, 1975 as a covered employee in the
18position of special agent, conservation police officer, mental
19health police officer, or investigator for the Secretary of
20State, shall be deemed to have been service as a noncovered
21employee, provided that the employee pays to the System prior
22to retirement an amount equal to (1) the difference between
23the employee contributions that would have been required for
24such service as a noncovered employee, and the amount of
25employee contributions actually paid, plus (2) if payment is
26made after July 31, 1987, regular interest on the amount

 

 

SB3778- 19 -LRB102 23771 RPS 32962 b

1specified in item (1) from the date of service to the date of
2payment.
3    For purposes of calculating retirement annuities under
4this Section, periods of service rendered after December 31,
51968 and before January 1, 1982 as a covered employee in the
6position of investigator for the Department of Revenue shall
7be deemed to have been service as a noncovered employee,
8provided that the employee pays to the System prior to
9retirement an amount equal to (1) the difference between the
10employee contributions that would have been required for such
11service as a noncovered employee, and the amount of employee
12contributions actually paid, plus (2) if payment is made after
13January 1, 1990, regular interest on the amount specified in
14item (1) from the date of service to the date of payment.
15    (g) A State policeman may elect, not later than January 1,
161990, to establish eligible creditable service for up to 10
17years of his service as a policeman under Article 3, by filing
18a written election with the Board, accompanied by payment of
19an amount to be determined by the Board, equal to (i) the
20difference between the amount of employee and employer
21contributions transferred to the System under Section 3-110.5,
22and the amounts that would have been contributed had such
23contributions been made at the rates applicable to State
24policemen, plus (ii) interest thereon at the effective rate
25for each year, compounded annually, from the date of service
26to the date of payment.

 

 

SB3778- 20 -LRB102 23771 RPS 32962 b

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

 

 

SB3778- 21 -LRB102 23771 RPS 32962 b

1    Subject to the limitation in subsection (i), a State
2policeman, conservation police officer, or investigator for
3the Secretary of State may elect to establish eligible
4creditable service for up to 10 years of service as a sheriff's
5law enforcement employee under Article 7, by filing a written
6election with the Board on or before January 31, 1993, and
7paying to the System by January 31, 1994 an amount to be
8determined by the Board, equal to (i) the difference between
9the amount of employee and employer contributions transferred
10to the System under Section 7-139.7, and the amounts that
11would have been contributed had such contributions been made
12at the rates applicable to State policemen, plus (ii) interest
13thereon at the effective rate for each year, compounded
14annually, from the date of service to the date of payment.
15    Subject to the limitation in subsection (i), a State
16policeman, conservation police officer, or investigator for
17the Secretary of State may elect to establish eligible
18creditable service for up to 5 years of service as a police
19officer under Article 3, a policeman under Article 5, a
20sheriff's law enforcement employee under Article 7, a member
21of the county police department under Article 9, or a police
22officer under Article 15 by filing a written election with the
23Board and paying to the System an amount to be determined by
24the Board, equal to (i) the difference between the amount of
25employee and employer contributions transferred to the System
26under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4

 

 

SB3778- 22 -LRB102 23771 RPS 32962 b

1and the amounts that would have been contributed had such
2contributions been made at the rates applicable to State
3policemen, plus (ii) interest thereon at the effective rate
4for each year, compounded annually, from the date of service
5to the date of payment.
6    Subject to the limitation in subsection (i), an
7investigator for the Office of the Attorney General, or an
8investigator for the Department of Revenue, may elect to
9establish eligible creditable service for up to 5 years of
10service as a police officer under Article 3, a policeman under
11Article 5, a sheriff's law enforcement employee under Article
127, or a member of the county police department under Article 9
13by filing a written election with the Board within 6 months
14after August 25, 2009 (the effective date of Public Act
1596-745) and paying to the System an amount to be determined by
16the Board, equal to (i) the difference between the amount of
17employee and employer contributions transferred to the System
18under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
19amounts that would have been contributed had such
20contributions been made at the rates applicable to State
21policemen, plus (ii) interest thereon at the actuarially
22assumed rate for each year, compounded annually, from the date
23of service to the date of payment.
24    Subject to the limitation in subsection (i), a State
25policeman, conservation police officer, investigator for the
26Office of the Attorney General, an investigator for the

 

 

SB3778- 23 -LRB102 23771 RPS 32962 b

1Department of Revenue, or investigator for the Secretary of
2State may elect to establish eligible creditable service for
3up to 5 years of service as a person employed by a
4participating municipality to perform police duties, or law
5enforcement officer employed on a full-time basis by a forest
6preserve district under Article 7, a county corrections
7officer, or a court services officer under Article 9, by
8filing a written election with the Board within 6 months after
9August 25, 2009 (the effective date of Public Act 96-745) and
10paying to the System an amount to be determined by the Board,
11equal to (i) the difference between the amount of employee and
12employer contributions transferred to the System under
13Sections 7-139.8 and 9-121.10 and the amounts that would have
14been contributed had such contributions been made at the rates
15applicable to State policemen, plus (ii) interest thereon at
16the actuarially assumed rate for each year, compounded
17annually, from the date of service to the date of payment.
18    Subject to the limitation in subsection (i), a State
19policeman, arson investigator, or Commerce Commission police
20officer may elect to establish eligible creditable service for
21up to 5 years of service as a person employed by a
22participating municipality to perform police duties under
23Article 7, a county corrections officer, a court services
24officer under Article 9, or a firefighter under Article 4 by
25filing a written election with the Board within 6 months after
26July 30, 2021 (the effective date of Public Act 102-210) this

 

 

SB3778- 24 -LRB102 23771 RPS 32962 b

1amendatory Act of the 102nd General Assembly and paying to the
2System an amount to be determined by the Board equal to (i) the
3difference between the amount of employee and employer
4contributions transferred to the System under Sections
54-108.8, 7-139.8, and 9-121.10 and the amounts that would have
6been contributed had such contributions been made at the rates
7applicable to State policemen, plus (ii) interest thereon at
8the actuarially assumed rate for each year, compounded
9annually, from the date of service to the date of payment.
10    Subject to the limitation in subsection (i), a
11conservation police officer may elect to establish eligible
12creditable service for up to 5 years of service as a person
13employed by a participating municipality to perform police
14duties under Article 7, a county corrections officer, or a
15court services officer under Article 9 by filing a written
16election with the Board within 6 months after July 30, 2021
17(the effective date of Public Act 102-210) this amendatory Act
18of the 102nd General Assembly and paying to the System an
19amount to be determined by the Board equal to (i) the
20difference between the amount of employee and employer
21contributions transferred to the System under Sections 7-139.8
22and 9-121.10 and the amounts that would have been contributed
23had such contributions been made at the rates applicable to
24State policemen, plus (ii) interest thereon at the actuarially
25assumed rate for each year, compounded annually, from the date
26of service to the date of payment.

 

 

SB3778- 25 -LRB102 23771 RPS 32962 b

1    Subject to the limitation in subsection (i), an
2investigator for the Department of Revenue or investigator for
3the Illinois Gaming Board may elect to establish eligible
4creditable service for up to 5 years of service as a person
5employed by a participating municipality to perform police
6duties under Article 7, a county corrections officer, a court
7services officer under Article 9, or a firefighter under
8Article 4 by filing a written election with the Board within 6
9months after the effective date of this amendatory Act of the
10102nd General Assembly and paying to the System an amount to be
11determined by the Board equal to (i) the difference between
12the amount of employee and employer contributions transferred
13to the System under Sections 4-108.8, 7-139.8, and 9-121.10
14and the amounts that would have been contributed had such
15contributions been made at the rates applicable to
16investigators for the Department of Revenue or investigators
17for the Illinois Gaming Board, plus (ii) interest thereon at
18the actuarially assumed rate for each year, compounded
19annually, from the date of service to the date of payment.
20    Notwithstanding the limitation in subsection (i), a State
21policeman or conservation police officer may elect to convert
22service credit earned under this Article to eligible
23creditable service, as defined by this Section, by filing a
24written election with the board within 6 months after July 30,
252021 (the effective date of Public Act 102-210) this
26amendatory Act of the 102nd General Assembly and paying to the

 

 

SB3778- 26 -LRB102 23771 RPS 32962 b

1System an amount to be determined by the Board equal to (i) the
2difference between the amount of employee contributions
3originally paid for that service and the amounts that would
4have been contributed had such contributions been made at the
5rates applicable to State policemen, plus (ii) the difference
6between the employer's normal cost of the credit prior to the
7conversion authorized by Public Act 102-210 this amendatory
8Act of the 102nd General Assembly and the employer's normal
9cost of the credit converted in accordance with Public Act
10102-210 this amendatory Act of the 102nd General Assembly,
11plus (iii) interest thereon at the actuarially assumed rate
12for each year, compounded annually, from the date of service
13to the date of payment.
14    (i) The total amount of eligible creditable service
15established by any person under subsections (g), (h), (j),
16(k), (l), (l-5), and (o) of this Section shall not exceed 12
17years.
18    (j) Subject to the limitation in subsection (i), an
19investigator for the Office of the State's Attorneys Appellate
20Prosecutor or a controlled substance inspector may elect to
21establish eligible creditable service for up to 10 years of
22his service as a policeman under Article 3 or a sheriff's law
23enforcement employee under Article 7, by filing a written
24election with the Board, accompanied by payment of an amount
25to be determined by the Board, equal to (1) the difference
26between the amount of employee and employer contributions

 

 

SB3778- 27 -LRB102 23771 RPS 32962 b

1transferred to the System under Section 3-110.6 or 7-139.8,
2and the amounts that would have been contributed had such
3contributions been made at the rates applicable to State
4policemen, plus (2) interest thereon at the effective rate for
5each year, compounded annually, from the date of service to
6the date of payment.
7    (k) Subject to the limitation in subsection (i) of this
8Section, an alternative formula employee may elect to
9establish eligible creditable service for periods spent as a
10full-time law enforcement officer or full-time corrections
11officer employed by the federal government or by a state or
12local government located outside of Illinois, for which credit
13is not held in any other public employee pension fund or
14retirement system. To obtain this credit, the applicant must
15file a written application with the Board by March 31, 1998,
16accompanied by evidence of eligibility acceptable to the Board
17and payment of an amount to be determined by the Board, equal
18to (1) employee contributions for the credit being
19established, based upon the applicant's salary on the first
20day as an alternative formula employee after the employment
21for which credit is being established and the rates then
22applicable to alternative formula employees, plus (2) an
23amount determined by the Board to be the employer's normal
24cost of the benefits accrued for the credit being established,
25plus (3) regular interest on the amounts in items (1) and (2)
26from the first day as an alternative formula employee after

 

 

SB3778- 28 -LRB102 23771 RPS 32962 b

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

 

 

SB3778- 29 -LRB102 23771 RPS 32962 b

1Assembly, accompanied by evidence of eligibility acceptable to
2the Board and payment of an amount to be determined by the
3Board, equal to (1) employee contributions for the credit
4being established, based upon the applicant's salary on the
5first day as an alternative formula employee after the
6employment for which credit is being established and the rates
7then applicable to alternative formula employees, plus (2) an
8amount determined by the Board to be the employer's normal
9cost of the benefits accrued for the credit being established,
10plus (3) regular interest on the amounts in items (1) and (2)
11from the first day as an alternative formula employee after
12the employment for which credit is being established to the
13date of payment.
14    (m) The amendatory changes to this Section made by Public
15Act 94-696 this amendatory Act of the 94th General Assembly
16apply only to: (1) security employees of the Department of
17Juvenile Justice employed by the Department of Corrections
18before June 1, 2006 (the effective date of Public Act 94-696)
19this amendatory Act of the 94th General Assembly and
20transferred to the Department of Juvenile Justice by Public
21Act 94-696 this amendatory Act of the 94th General Assembly;
22and (2) persons employed by the Department of Juvenile Justice
23on or after June 1, 2006 (the effective date of Public Act
2494-696) this amendatory Act of the 94th General Assembly who
25are required by subsection (b) of Section 3-2.5-15 of the
26Unified Code of Corrections to have any bachelor's or advanced

 

 

SB3778- 30 -LRB102 23771 RPS 32962 b

1degree from an accredited college or university or, in the
2case of persons who provide vocational training, who are
3required to have adequate knowledge in the skill for which
4they are providing the vocational training.
5    (n) A person employed in a position under subsection (b)
6of this Section who has purchased service credit under
7subsection (j) of Section 14-104 or subsection (b) of Section
814-105 in any other capacity under this Article may convert up
9to 5 years of that service credit into service credit covered
10under this Section by paying to the Fund an amount equal to (1)
11the additional employee contribution required under Section
1214-133, plus (2) the additional employer contribution required
13under Section 14-131, plus (3) interest on items (1) and (2) at
14the actuarially assumed rate from the date of the service to
15the date of payment.
16    (o) Subject to the limitation in subsection (i), a
17conservation police officer, investigator for the Secretary of
18State, Commerce Commission police officer, investigator for
19the Department of Revenue or the Illinois Gaming Board, or
20arson investigator subject to subsection (g) of Section 1-160
21may elect to convert up to 8 years of service credit
22established before January 1, 2020 (the effective date of
23Public Act 101-610) this amendatory Act of the 101st General
24Assembly as a conservation police officer, investigator for
25the Secretary of State, Commerce Commission police officer,
26investigator for the Department of Revenue or the Illinois

 

 

SB3778- 31 -LRB102 23771 RPS 32962 b

1Gaming Board, or arson investigator under this Article into
2eligible creditable service by filing a written election with
3the Board no later than one year after January 1, 2020 (the
4effective date of Public Act 101-610) this amendatory Act of
5the 101st General Assembly, accompanied by payment of an
6amount to be determined by the Board equal to (i) the
7difference between the amount of the employee contributions
8actually paid for that service and the amount of the employee
9contributions that would have been paid had the employee
10contributions been made as a noncovered employee serving in a
11position in which eligible creditable service, as defined in
12this Section, may be earned, plus (ii) interest thereon at the
13effective rate for each year, compounded annually, from the
14date of service to the date of payment.
15(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
16102-538, eff. 8-20-21; revised 10-12-21.)
 
17    (40 ILCS 5/14-152.1)
18    Sec. 14-152.1. Application and expiration of new benefit
19increases.
20    (a) As used in this Section, "new benefit increase" means
21an increase in the amount of any benefit provided under this
22Article, or an expansion of the conditions of eligibility for
23any benefit under this Article, that results from an amendment
24to this Code that takes effect after June 1, 2005 (the
25effective date of Public Act 94-4). "New benefit increase",

 

 

SB3778- 32 -LRB102 23771 RPS 32962 b

1however, does not include any benefit increase resulting from
2the changes made to Article 1 or this Article by Public Act
396-37, Public Act 100-23, Public Act 100-587, Public Act
4100-611, Public Act 101-10, Public Act 101-610, Public Act
5102-210, or this amendatory Act of the 102nd General Assembly
6or this amendatory Act of the 102nd General Assembly.
7    (b) Notwithstanding any other provision of this Code or
8any subsequent amendment to this Code, every new benefit
9increase is subject to this Section and shall be deemed to be
10granted only in conformance with and contingent upon
11compliance with the provisions of this Section.
12    (c) The Public Act enacting a new benefit increase must
13identify and provide for payment to the System of additional
14funding at least sufficient to fund the resulting annual
15increase in cost to the System as it accrues.
16    Every new benefit increase is contingent upon the General
17Assembly providing the additional funding required under this
18subsection. The Commission on Government Forecasting and
19Accountability shall analyze whether adequate additional
20funding has been provided for the new benefit increase and
21shall report its analysis to the Public Pension Division of
22the Department of Insurance. A new benefit increase created by
23a Public Act that does not include the additional funding
24required under this subsection is null and void. If the Public
25Pension Division determines that the additional funding
26provided for a new benefit increase under this subsection is

 

 

SB3778- 33 -LRB102 23771 RPS 32962 b

1or has become inadequate, it may so certify to the Governor and
2the State Comptroller and, in the absence of corrective action
3by the General Assembly, the new benefit increase shall expire
4at the end of the fiscal year in which the certification is
5made.
6    (d) Every new benefit increase shall expire 5 years after
7its effective date or on such earlier date as may be specified
8in the language enacting the new benefit increase or provided
9under subsection (c). This does not prevent the General
10Assembly from extending or re-creating a new benefit increase
11by law.
12    (e) Except as otherwise provided in the language creating
13the new benefit increase, a new benefit increase that expires
14under this Section continues to apply to persons who applied
15and qualified for the affected benefit while the new benefit
16increase was in effect and to the affected beneficiaries and
17alternate payees of such persons, but does not apply to any
18other person, including, without limitation, a person who
19continues in service after the expiration date and did not
20apply and qualify for the affected benefit while the new
21benefit increase was in effect.
22(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
23101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
 
24    Section 90. The State Mandates Act is amended by adding
25Section 8.46 as follows:
 

 

 

SB3778- 34 -LRB102 23771 RPS 32962 b

1    (30 ILCS 805/8.46 new)
2    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
38 of this Act, no reimbursement by the State is required for
4the implementation of any mandate created by this amendatory
5Act of the 102nd General Assembly.

 

 

SB3778- 35 -LRB102 23771 RPS 32962 b

1 INDEX
2 Statutes amended in order of appearance
3    40 ILCS 5/4-108.8
4    40 ILCS 5/7-139.8from Ch. 108 1/2, par. 7-139.8
5    40 ILCS 5/9-121.10from Ch. 108 1/2, par. 9-121.10
6    40 ILCS 5/14-110from Ch. 108 1/2, par. 14-110
7    40 ILCS 5/14-152.1
8    30 ILCS 805/8.46 new