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

SB3778sam004 102ND GENERAL ASSEMBLY

Sen. Christopher Belt

Filed: 2/18/2022

 

 


 

 


 
10200SB3778sam004LRB102 23771 RPS 36697 a

1
AMENDMENT TO SENATE BILL 3778

2    AMENDMENT NO. ______. Amend Senate Bill 3778, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Pension Code is amended by
6changing Sections 4-108.8, 7-139.8, 9-121.10, 14-110, and
714-152.1 as follows:
 
8    (40 ILCS 5/4-108.8)
9    Sec. 4-108.8. Transfer of creditable service to the State
10Employees' Retirement System.
11    (a) Any active member of the State Employees' Retirement
12System who is an arson investigator, investigator for the
13Department of Revenue, investigator for the Illinois Gaming
14Board, or investigator for the Secretary of State may apply
15for transfer of some or all of his or her credits and
16creditable service accumulated in any firefighters' pension

 

 

10200SB3778sam004- 2 -LRB102 23771 RPS 36697 a

1fund under this Article to the State Employees' Retirement
2System in accordance with Section 14-110. The creditable
3service shall be transferred only upon payment by the
4firefighters' pension fund to the State Employees' Retirement
5System of an amount equal to:
6        (1) the amounts accumulated to the credit of the
7    applicant for the service to be transferred on file with
8    the fund on the date of transfer;
9        (2) employer contributions in an amount equal to the
10    amount determined under paragraph (1); and
11        (3) any interest paid by the applicant in order to
12    reinstate service to be transferred.
13    Participation in the firefighters' pension fund with
14respect to the service to be transferred shall terminate on
15the date of transfer.
16    (b) Any person applying to transfer service under this
17Section may reinstate service that was terminated by receipt
18of a refund, by paying to the firefighters' pension fund the
19amount of the refund with interest thereon at the actuarially
20assumed rate of interest, compounded annually, from the date
21of refund to the date of payment.
22(Source: P.A. 102-210, eff. 7-30-21.)
 
23    (40 ILCS 5/7-139.8)  (from Ch. 108 1/2, par. 7-139.8)
24    Sec. 7-139.8. Transfer to Article 14 System.
25    (a) Any active member of the State Employees' Retirement

 

 

10200SB3778sam004- 3 -LRB102 23771 RPS 36697 a

1System who is a State policeman, an investigator for the
2Secretary of State, a conservation police officer, an
3investigator for the Office of the Attorney General, an
4investigator for the Department of Revenue, an investigator
5for the Illinois Gaming Board, an arson investigator, a
6Commerce Commission police officer, an investigator for the
7Office of the State's Attorneys Appellate Prosecutor, or a
8controlled substance inspector may apply for transfer of some
9or all of his or her credits and creditable service
10accumulated in this Fund for service as a sheriff's law
11enforcement employee, person employed by a participating
12municipality to perform police duties, or law enforcement
13officer employed on a full-time basis by a forest preserve
14district to the State Employees' Retirement System in
15accordance with Section 14-110. The creditable service shall
16be transferred only upon payment by this Fund to the State
17Employees' Retirement System of an amount equal to:
18        (1) the amounts accumulated to the credit of the
19    applicant for the service to be transferred, including
20    interest; and
21        (2) municipality credits based on such service,
22    including interest; and
23        (3) any interest paid by the applicant to reinstate
24    such service.
25Participation in this Fund as to any credits transferred under
26this Section shall terminate on the date of transfer.

 

 

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1    (b) Any person applying to transfer service under this
2Section may reinstate credits and creditable service
3terminated upon receipt of a separation benefit, by paying to
4the Fund the amount of the separation benefit plus interest
5thereon at the actuarially assumed rate of interest to the
6date of payment.
7(Source: P.A. 102-210, eff. 7-30-21.)
 
8    (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)
9    Sec. 9-121.10. Transfer to Article 14.
10    (a) Any active member of the State Employees' Retirement
11System who is a State policeman, investigator for the Office
12of the Attorney General, an investigator for the Department of
13Revenue, investigator for the Illinois Gaming Board, arson
14investigator, investigator for the Secretary of State, or
15conservation police officer may apply for transfer of some or
16all of his creditable service as a member of the County Police
17Department, a county corrections officer, or a court services
18officer accumulated under this Article to the State Employees'
19Retirement System in accordance with Section 14-110. At the
20time of the transfer the Fund shall pay to the State Employees'
21Retirement System an amount equal to:
22        (1) the amounts accumulated to the credit of the
23    applicant on the books of the Fund on the date of transfer
24    for the service to be transferred; and
25        (2) the corresponding municipality credits, including

 

 

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1    interest, on the books of the Fund on the date of transfer;
2    and
3        (3) any interest paid by the applicant in order to
4    reinstate such service.
5Participation in this Fund with respect to the credits
6transferred shall terminate on the date of transfer.
7    (b) Any person applying to transfer service under this
8Section may reinstate credit for service as a member of the
9County Police Department that was terminated by receipt of a
10refund, by paying to the Fund the amount of the refund with
11interest thereon at the actuarially assumed rate of interest,
12compounded annually, from the date of refund to the date of
13payment.
14(Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
 
15    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
16    Sec. 14-110. Alternative retirement annuity.
17    (a) Any member who has withdrawn from service with not
18less than 20 years of eligible creditable service and has
19attained age 55, and any member who has withdrawn from service
20with not less than 25 years of eligible creditable service and
21has attained age 50, regardless of whether the attainment of
22either of the specified ages occurs while the member is still
23in service, shall be entitled to receive at the option of the
24member, in lieu of the regular or minimum retirement annuity,
25a retirement annuity computed as follows:

 

 

10200SB3778sam004- 6 -LRB102 23771 RPS 36697 a

1        (i) for periods of service as a noncovered employee:
2    if retirement occurs on or after January 1, 2001, 3% of
3    final average compensation for each year of creditable
4    service; if retirement occurs before January 1, 2001, 2
5    1/4% of final average compensation for each of the first
6    10 years of creditable service, 2 1/2% for each year above
7    10 years to and including 20 years of creditable service,
8    and 2 3/4% for each year of creditable service above 20
9    years; and
10        (ii) for periods of eligible creditable service as a
11    covered employee: if retirement occurs on or after January
12    1, 2001, 2.5% of final average compensation for each year
13    of creditable service; if retirement occurs before January
14    1, 2001, 1.67% of final average compensation for each of
15    the first 10 years of such service, 1.90% for each of the
16    next 10 years of such service, 2.10% for each year of such
17    service in excess of 20 but not exceeding 30, and 2.30% for
18    each year in excess of 30.
19    Such annuity shall be subject to a maximum of 75% of final
20average compensation if retirement occurs before January 1,
212001 or to a maximum of 80% of final average compensation if
22retirement occurs on or after January 1, 2001.
23    These rates shall not be applicable to any service
24performed by a member as a covered employee which is not
25eligible creditable service. Service as a covered employee
26which is not eligible creditable service shall be subject to

 

 

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1the rates and provisions of Section 14-108.
2    (b) For the purpose of this Section, "eligible creditable
3service" means creditable service resulting from service in
4one or more of the following positions:
5        (1) State policeman;
6        (2) fire fighter in the fire protection service of a
7    department;
8        (3) air pilot;
9        (4) special agent;
10        (5) investigator for the Secretary of State;
11        (6) conservation police officer;
12        (7) investigator for the Department of Revenue or the
13    Illinois Gaming Board;
14        (8) security employee of the Department of Human
15    Services;
16        (9) Central Management Services security police
17    officer;
18        (10) security employee of the Department of
19    Corrections or the Department of Juvenile Justice;
20        (11) dangerous drugs investigator;
21        (12) investigator for the Illinois State Police;
22        (13) investigator for the Office of the Attorney
23    General;
24        (14) controlled substance inspector;
25        (15) investigator for the Office of the State's
26    Attorneys Appellate Prosecutor;

 

 

10200SB3778sam004- 8 -LRB102 23771 RPS 36697 a

1        (16) Commerce Commission police officer;
2        (17) arson investigator;
3        (18) State highway maintenance worker;
4        (19) security employee of the Department of Innovation
5    and Technology; or
6        (20) transferred employee.
7    A person employed in one of the positions specified in
8this subsection is entitled to eligible creditable service for
9service credit earned under this Article while undergoing the
10basic police training course approved by the Illinois Law
11Enforcement Training Standards Board, if completion of that
12training is required of persons serving in that position. For
13the purposes of this Code, service during the required basic
14police training course shall be deemed performance of the
15duties of the specified position, even though the person is
16not a sworn peace officer at the time of the training.
17    A person under paragraph (20) is entitled to eligible
18creditable service for service credit earned under this
19Article on and after his or her transfer by Executive Order No.
202003-10, Executive Order No. 2004-2, or Executive Order No.
212016-1.
22    (c) For the purposes of this Section:
23        (1) The term "State policeman" includes any title or
24    position in the Illinois State Police that is held by an
25    individual employed under the Illinois State Police Act.
26        (2) The term "fire fighter in the fire protection

 

 

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1    service of a department" includes all officers in such
2    fire protection service including fire chiefs and
3    assistant fire chiefs.
4        (3) The term "air pilot" includes any employee whose
5    official job description on file in the Department of
6    Central Management Services, or in the department by which
7    he is employed if that department is not covered by the
8    Personnel Code, states that his principal duty is the
9    operation of aircraft, and who possesses a pilot's
10    license; however, the change in this definition made by
11    Public Act 83-842 this amendatory Act of 1983 shall not
12    operate to exclude any noncovered employee who was an "air
13    pilot" for the purposes of this Section on January 1,
14    1984.
15        (4) The term "special agent" means any person who by
16    reason of employment by the Division of Narcotic Control,
17    the Bureau of Investigation or, after July 1, 1977, the
18    Division of Criminal Investigation, the Division of
19    Internal Investigation, the Division of Operations, the
20    Division of Patrol Operations, or any other Division or
21    organizational entity in the Illinois State Police is
22    vested by law with duties to maintain public order,
23    investigate violations of the criminal law of this State,
24    enforce the laws of this State, make arrests and recover
25    property. The term "special agent" includes any title or
26    position in the Illinois State Police that is held by an

 

 

10200SB3778sam004- 10 -LRB102 23771 RPS 36697 a

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

 

 

10200SB3778sam004- 11 -LRB102 23771 RPS 36697 a

1    Revenue" means any person employed by the Department of
2    Revenue and vested with such investigative duties as
3    render him ineligible for coverage under the Social
4    Security Act by reason of Sections 218(d)(5)(A),
5    218(d)(8)(D) and 218(l)(1) of that Act.
6        The term "investigator for the Illinois Gaming Board"
7    means any person employed as such by the Illinois Gaming
8    Board and vested with such peace officer duties as render
9    the person ineligible for coverage under the Social
10    Security Act by reason of Sections 218(d)(5)(A),
11    218(d)(8)(D), and 218(l)(1) of that Act.
12        (8) The term "security employee of the Department of
13    Human Services" means any person employed by the
14    Department of Human Services who (i) is employed at the
15    Chester Mental Health Center and has daily contact with
16    the residents thereof, (ii) is employed within a security
17    unit at a facility operated by the Department and has
18    daily contact with the residents of the security unit,
19    (iii) is employed at a facility operated by the Department
20    that includes a security unit and is regularly scheduled
21    to work at least 50% of his or her working hours within
22    that security unit, or (iv) is a mental health police
23    officer. "Mental health police officer" means any person
24    employed by the Department of Human Services in a position
25    pertaining to the Department's mental health and
26    developmental disabilities functions who is vested with

 

 

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1    such law enforcement duties as render the person
2    ineligible for coverage under the Social Security Act by
3    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
4    218(l)(1) of that Act. "Security unit" means that portion
5    of a facility that is devoted to the care, containment,
6    and treatment of persons committed to the Department of
7    Human Services as sexually violent persons, persons unfit
8    to stand trial, or persons not guilty by reason of
9    insanity. With respect to past employment, references to
10    the Department of Human Services include its predecessor,
11    the Department of Mental Health and Developmental
12    Disabilities.
13        The changes made to this subdivision (c)(8) by Public
14    Act 92-14 apply to persons who retire on or after January
15    1, 2001, notwithstanding Section 1-103.1.
16        (9) "Central Management Services security police
17    officer" means any person employed by the Department of
18    Central Management Services who is vested with such law
19    enforcement duties as render him ineligible for coverage
20    under the Social Security Act by reason of Sections
21    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
22        (10) For a member who first became an employee under
23    this Article before July 1, 2005, the term "security
24    employee of the Department of Corrections or the
25    Department of Juvenile Justice" means any employee of the
26    Department of Corrections or the Department of Juvenile

 

 

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

 

 

10200SB3778sam004- 14 -LRB102 23771 RPS 36697 a

1        (13) "Investigator for the Office of the Attorney
2    General" means any person who is employed as such by the
3    Office of the Attorney General and is vested with such
4    investigative duties as render him ineligible for coverage
5    under the Social Security Act by reason of Sections
6    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
7    the period before January 1, 1989, the term includes all
8    persons who were employed as investigators by the Office
9    of the Attorney General, without regard to social security
10    status.
11        (14) "Controlled substance inspector" means any person
12    who is employed as such by the Department of Professional
13    Regulation and is vested with such law enforcement duties
14    as render him 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. The term
17    "controlled substance inspector" includes the Program
18    Executive of Enforcement and the Assistant Program
19    Executive of Enforcement.
20        (15) The term "investigator for the Office of the
21    State's Attorneys Appellate Prosecutor" means a person
22    employed in that capacity on a full-time full time basis
23    under the authority of Section 7.06 of the State's
24    Attorneys Appellate Prosecutor's Act.
25        (16) "Commerce Commission police officer" means any
26    person employed by the Illinois Commerce Commission who is

 

 

10200SB3778sam004- 15 -LRB102 23771 RPS 36697 a

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

 

 

10200SB3778sam004- 16 -LRB102 23771 RPS 36697 a

1        construction equipment operator, power shovel
2        operator, or bridge mechanic; and whose principal
3        responsibility is to perform, on the roadway, the
4        actual maintenance necessary to keep the highways that
5        form a part of the State highway system in serviceable
6        condition for vehicular traffic.
7            (ii) A person employed on a full-time basis by the
8        Illinois State Toll Highway Authority in the position
9        of equipment operator/laborer H-4, equipment
10        operator/laborer H-6, welder H-4, welder H-6,
11        mechanical/electrical H-4, mechanical/electrical H-6,
12        water/sewer H-4, water/sewer H-6, sign maker/hanger
13        H-4, sign maker/hanger H-6, roadway lighting H-4,
14        roadway lighting H-6, structural H-4, structural H-6,
15        painter H-4, or painter H-6; and whose principal
16        responsibility is to perform, on the roadway, the
17        actual maintenance necessary to keep the Authority's
18        tollways in serviceable condition for vehicular
19        traffic.
20        (19) The term "security employee of the Department of
21    Innovation and Technology" means a person who was a
22    security employee of the Department of Corrections or the
23    Department of Juvenile Justice, was transferred to the
24    Department of Innovation and Technology pursuant to
25    Executive Order 2016-01, and continues to perform similar
26    job functions under that Department.

 

 

10200SB3778sam004- 17 -LRB102 23771 RPS 36697 a

1        (20) "Transferred employee" means an employee who was
2    transferred to the Department of Central Management
3    Services by Executive Order No. 2003-10 or Executive Order
4    No. 2004-2 or transferred to the Department of Innovation
5    and Technology by Executive Order No. 2016-1, or both, and
6    was entitled to eligible creditable service for services
7    immediately preceding the transfer.
8    (d) A security employee of the Department of Corrections
9or the Department of Juvenile Justice, a security employee of
10the Department of Human Services who is not a mental health
11police officer, and a security employee of the Department of
12Innovation and Technology shall not be eligible for the
13alternative retirement annuity provided by this Section unless
14he or she meets the following minimum age and service
15requirements at the time of retirement:
16        (i) 25 years of eligible creditable service and age
17    55; or
18        (ii) beginning January 1, 1987, 25 years of eligible
19    creditable service and age 54, or 24 years of eligible
20    creditable service and age 55; or
21        (iii) beginning January 1, 1988, 25 years of eligible
22    creditable service and age 53, or 23 years of eligible
23    creditable service and age 55; or
24        (iv) beginning January 1, 1989, 25 years of eligible
25    creditable service and age 52, or 22 years of eligible
26    creditable service and age 55; or

 

 

10200SB3778sam004- 18 -LRB102 23771 RPS 36697 a

1        (v) beginning January 1, 1990, 25 years of eligible
2    creditable service and age 51, or 21 years of eligible
3    creditable service and age 55; or
4        (vi) beginning January 1, 1991, 25 years of eligible
5    creditable service and age 50, or 20 years of eligible
6    creditable service and age 55.
7    Persons who have service credit under Article 16 of this
8Code for service as a security employee of the Department of
9Corrections or the Department of Juvenile Justice, or the
10Department of Human Services in a position requiring
11certification as a teacher may count such service toward
12establishing their eligibility under the service requirements
13of this Section; but such service may be used only for
14establishing such eligibility, and not for the purpose of
15increasing or calculating any benefit.
16    (e) If a member enters military service while working in a
17position in which eligible creditable service may be earned,
18and returns to State service in the same or another such
19position, and fulfills in all other respects the conditions
20prescribed in this Article for credit for military service,
21such military service shall be credited as eligible creditable
22service for the purposes of the retirement annuity prescribed
23in this Section.
24    (f) For purposes of calculating retirement annuities under
25this Section, periods of service rendered after December 31,
261968 and before October 1, 1975 as a covered employee in the

 

 

10200SB3778sam004- 19 -LRB102 23771 RPS 36697 a

1position of special agent, conservation police officer, mental
2health police officer, or investigator for the Secretary of
3State, shall be deemed to have been service as a noncovered
4employee, provided that the employee pays to the System prior
5to retirement an amount equal to (1) the difference between
6the employee contributions that would have been required for
7such service as a noncovered employee, and the amount of
8employee contributions actually paid, plus (2) if payment is
9made after July 31, 1987, regular interest on the amount
10specified in item (1) from the date of service to the date of
11payment.
12    For purposes of calculating retirement annuities under
13this Section, periods of service rendered after December 31,
141968 and before January 1, 1982 as a covered employee in the
15position of investigator for the Department of Revenue shall
16be deemed to have been service as a noncovered employee,
17provided that the employee pays to the System prior to
18retirement an amount equal to (1) the difference between the
19employee contributions that would have been required for such
20service as a noncovered employee, and the amount of employee
21contributions actually paid, plus (2) if payment is made after
22January 1, 1990, regular interest on the amount specified in
23item (1) from the date of service to the date of payment.
24    (g) A State policeman may elect, not later than January 1,
251990, to establish eligible creditable service for up to 10
26years of his service as a policeman under Article 3, by filing

 

 

10200SB3778sam004- 20 -LRB102 23771 RPS 36697 a

1a written election with the Board, accompanied by payment of
2an 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 Section 3-110.5,
5and the amounts that would have been contributed had such
6contributions been made at the rates applicable to State
7policemen, plus (ii) interest thereon at the effective rate
8for each year, compounded annually, from the date of service
9to the date of payment.
10    Subject to the limitation in subsection (i), a State
11policeman may elect, not later than July 1, 1993, to establish
12eligible creditable service for up to 10 years of his service
13as a member of the County Police Department under Article 9, by
14filing a written election with the Board, accompanied by
15payment of an amount to be determined by the Board, equal to
16(i) the difference between the amount of employee and employer
17contributions transferred to the System under Section 9-121.10
18and the amounts that would have been contributed had those
19contributions been made at the rates applicable to State
20policemen, plus (ii) interest thereon at the effective rate
21for each year, compounded annually, from the date of service
22to the date of payment.
23    (h) Subject to the limitation in subsection (i), a State
24policeman or investigator for the Secretary of State may elect
25to establish eligible creditable service for up to 12 years of
26his service as a policeman under Article 5, by filing a written

 

 

10200SB3778sam004- 21 -LRB102 23771 RPS 36697 a

1election with the Board on or before January 31, 1992, and
2paying to the System by January 31, 1994 an amount to be
3determined by the Board, equal to (i) the difference between
4the amount of employee and employer contributions transferred
5to the System under Section 5-236, and the amounts that would
6have been contributed had such contributions been made at the
7rates applicable to State policemen, plus (ii) interest
8thereon at the effective 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 State
11policeman, conservation police officer, or investigator for
12the Secretary of State may elect to establish eligible
13creditable service for up to 10 years of service as a sheriff's
14law enforcement employee under Article 7, by filing a written
15election with the Board on or before January 31, 1993, and
16paying to the System by January 31, 1994 an amount to be
17determined by the Board, equal to (i) the difference between
18the amount of employee and employer contributions transferred
19to the System under Section 7-139.7, and the amounts that
20would have been contributed had such contributions been made
21at the rates applicable to State policemen, plus (ii) interest
22thereon at the effective rate for each year, compounded
23annually, from the date of service to the date of payment.
24    Subject to the limitation in subsection (i), a State
25policeman, conservation police officer, or investigator for
26the Secretary of State may elect to establish eligible

 

 

10200SB3778sam004- 22 -LRB102 23771 RPS 36697 a

1creditable service for up to 5 years of service as a police
2officer under Article 3, a policeman under Article 5, a
3sheriff's law enforcement employee under Article 7, a member
4of the county police department under Article 9, or a police
5officer under Article 15 by filing a written election with the
6Board and paying to the System an amount to be determined by
7the Board, equal to (i) the difference between the amount of
8employee and employer contributions transferred to the System
9under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
10and the amounts that would have been contributed had such
11contributions been made at the rates applicable to State
12policemen, plus (ii) interest thereon at the effective rate
13for each year, compounded annually, from the date of service
14to the date of payment.
15    Subject to the limitation in subsection (i), an
16investigator for the Office of the Attorney General, or an
17investigator for the Department of Revenue, may elect to
18establish eligible creditable service for up to 5 years of
19service as a police officer under Article 3, a policeman under
20Article 5, a sheriff's law enforcement employee under Article
217, or a member of the county police department under Article 9
22by filing a written election with the Board within 6 months
23after August 25, 2009 (the effective date of Public Act
2496-745) and paying to the System an amount to be determined by
25the Board, equal to (i) the difference between the amount of
26employee and employer contributions transferred to the System

 

 

10200SB3778sam004- 23 -LRB102 23771 RPS 36697 a

1under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
2amounts that would have been contributed had such
3contributions been made at the rates applicable to State
4policemen, plus (ii) interest thereon at the actuarially
5assumed rate for each year, compounded annually, from the date
6of service to the date of payment.
7    Subject to the limitation in subsection (i), a State
8policeman, conservation police officer, investigator for the
9Office of the Attorney General, an investigator for the
10Department of Revenue, or investigator for the Secretary of
11State may elect to establish eligible creditable service for
12up to 5 years of service as a person employed by a
13participating municipality to perform police duties, or law
14enforcement officer employed on a full-time basis by a forest
15preserve district under Article 7, a county corrections
16officer, or a court services officer under Article 9, by
17filing a written election with the Board within 6 months after
18August 25, 2009 (the effective date of Public Act 96-745) and
19paying to the System an amount to be determined by the Board,
20equal to (i) the difference between the amount of employee and
21employer contributions transferred to the System under
22Sections 7-139.8 and 9-121.10 and the amounts that would have
23been contributed had such contributions been made at the rates
24applicable to State policemen, plus (ii) interest thereon at
25the actuarially assumed rate for each year, compounded
26annually, from the date of service to the date of payment.

 

 

10200SB3778sam004- 24 -LRB102 23771 RPS 36697 a

1    Subject to the limitation in subsection (i), a State
2policeman, arson investigator, or Commerce Commission police
3officer may elect to establish eligible creditable service for
4up to 5 years of service as a person employed by a
5participating municipality to perform police duties under
6Article 7, a county corrections officer, a court services
7officer under Article 9, or a firefighter under Article 4 by
8filing a written election with the Board within 6 months after
9July 30, 2021 (the effective date of Public Act 102-210) this
10amendatory Act of the 102nd General Assembly and paying to the
11System an amount to be determined by the Board equal to (i) the
12difference between the amount of employee and employer
13contributions transferred to the System under Sections
144-108.8, 7-139.8, and 9-121.10 and the amounts that would have
15been contributed had such contributions been made at the rates
16applicable to State policemen, plus (ii) interest thereon at
17the actuarially assumed rate for each year, compounded
18annually, from the date of service to the date of payment.
19    Subject to the limitation in subsection (i), a
20conservation police officer may elect to establish eligible
21creditable service for up to 5 years of service as a person
22employed by a participating municipality to perform police
23duties under Article 7, a county corrections officer, or a
24court services officer under Article 9 by filing a written
25election with the Board within 6 months after July 30, 2021
26(the effective date of Public Act 102-210) this amendatory Act

 

 

10200SB3778sam004- 25 -LRB102 23771 RPS 36697 a

1of the 102nd General Assembly and paying to the System an
2amount 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 7-139.8
5and 9-121.10 and the amounts that would have been contributed
6had such contributions been made at the rates applicable to
7State policemen, plus (ii) interest thereon at the actuarially
8assumed rate for each year, compounded annually, from the date
9of service to the date of payment.
10    Subject to the limitation in subsection (i), an
11investigator for the Department of Revenue, investigator for
12the Illinois Gaming Board, investigator for the Secretary of
13State, or arson investigator may elect to establish eligible
14creditable service for up to 5 years of service as a person
15employed by a participating municipality to perform police
16duties under Article 7, a county corrections officer, a court
17services officer under Article 9, or a firefighter under
18Article 4 by filing a written election with the Board within 6
19months after the effective date of this amendatory Act of the
20102nd General Assembly and paying to the System an amount to be
21determined by the Board equal to (i) the difference between
22the amount of employee and employer contributions transferred
23to the System under Sections 4-108.8, 7-139.8, and 9-121.10
24and the amounts that would have been contributed had such
25contributions been made at the rates applicable to State
26policemen, plus (ii) interest thereon at the actuarially

 

 

10200SB3778sam004- 26 -LRB102 23771 RPS 36697 a

1assumed rate for each year, compounded annually, from the date
2of service to the date of payment.
3    Notwithstanding the limitation in subsection (i), a State
4policeman or conservation police officer may elect to convert
5service credit earned under this Article to eligible
6creditable service, as defined by this Section, by filing a
7written election with the board within 6 months after July 30,
82021 (the effective date of Public Act 102-210) this
9amendatory Act of the 102nd General Assembly and paying to the
10System an amount to be determined by the Board equal to (i) the
11difference between the amount of employee contributions
12originally paid for that service and the amounts that would
13have been contributed had such contributions been made at the
14rates applicable to State policemen, plus (ii) the difference
15between the employer's normal cost of the credit prior to the
16conversion authorized by Public Act 102-210 this amendatory
17Act of the 102nd General Assembly and the employer's normal
18cost of the credit converted in accordance with Public Act
19102-210 this amendatory Act of the 102nd General Assembly,
20plus (iii) interest thereon at the actuarially assumed rate
21for each year, compounded annually, from the date of service
22to the date of payment.
23    Notwithstanding the limitation in subsection (i), an
24investigator for the Department of Revenue, investigator for
25the Illinois Gaming Board, investigator for the Secretary of
26State, or arson investigator may elect to convert service

 

 

10200SB3778sam004- 27 -LRB102 23771 RPS 36697 a

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

 

 

10200SB3778sam004- 28 -LRB102 23771 RPS 36697 a

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

 

 

10200SB3778sam004- 29 -LRB102 23771 RPS 36697 a

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

 

 

10200SB3778sam004- 30 -LRB102 23771 RPS 36697 a

1by a state or local government located outside of Illinois for
2which credit is not held in any other public employee pension
3fund or retirement system. To obtain this credit, the
4applicant must file a written application with the Board no
5later than 3 years after January 1, 2020 (the effective date of
6Public Act 101-610) this amendatory Act of the 101st General
7Assembly, accompanied by evidence of eligibility acceptable to
8the Board and payment of an amount to be determined by the
9Board, equal to (1) employee contributions for the credit
10being established, based upon the applicant's salary on the
11first day as an alternative formula employee after the
12employment for which credit is being established and the rates
13then applicable to alternative formula employees, plus (2) an
14amount determined by the Board to be the employer's normal
15cost of the benefits accrued for the credit being established,
16plus (3) regular interest on the amounts in items (1) and (2)
17from the first day as an alternative formula employee after
18the employment for which credit is being established to the
19date of payment.
20    (m) The amendatory changes to this Section made by Public
21Act 94-696 this amendatory Act of the 94th General Assembly
22apply only to: (1) security employees of the Department of
23Juvenile Justice employed by the Department of Corrections
24before June 1, 2006 (the effective date of Public Act 94-696)
25this amendatory Act of the 94th General Assembly and
26transferred to the Department of Juvenile Justice by Public

 

 

10200SB3778sam004- 31 -LRB102 23771 RPS 36697 a

1Act 94-696 this amendatory Act of the 94th General Assembly;
2and (2) persons employed by the Department of Juvenile Justice
3on or after June 1, 2006 (the effective date of Public Act
494-696) this amendatory Act of the 94th General Assembly who
5are required by subsection (b) of Section 3-2.5-15 of the
6Unified Code of Corrections to have any bachelor's or advanced
7degree from an accredited college or university or, in the
8case of persons who provide vocational training, who are
9required to have adequate knowledge in the skill for which
10they are providing the vocational training.
11    (n) A person employed in a position under subsection (b)
12of this Section who has purchased service credit under
13subsection (j) of Section 14-104 or subsection (b) of Section
1414-105 in any other capacity under this Article may convert up
15to 5 years of that service credit into service credit covered
16under this Section by paying to the Fund an amount equal to (1)
17the additional employee contribution required under Section
1814-133, plus (2) the additional employer contribution required
19under Section 14-131, plus (3) interest on items (1) and (2) at
20the actuarially assumed rate from the date of the service to
21the date of payment.
22    (o) Subject to the limitation in subsection (i), a
23conservation police officer, investigator for the Secretary of
24State, Commerce Commission police officer, investigator for
25the Department of Revenue or the Illinois Gaming Board, or
26arson investigator subject to subsection (g) of Section 1-160

 

 

10200SB3778sam004- 32 -LRB102 23771 RPS 36697 a

1may elect to convert up to 8 years of service credit
2established before January 1, 2020 (the effective date of
3Public Act 101-610) this amendatory Act of the 101st General
4Assembly as a conservation police officer, investigator for
5the Secretary of State, Commerce Commission police officer,
6investigator for the Department of Revenue or the Illinois
7Gaming Board, or arson investigator under this Article into
8eligible creditable service by filing a written election with
9the Board no later than one year after January 1, 2020 (the
10effective date of Public Act 101-610) this amendatory Act of
11the 101st General Assembly, accompanied by payment of an
12amount to be determined by the Board equal to (i) the
13difference between the amount of the employee contributions
14actually paid for that service and the amount of the employee
15contributions that would have been paid had the employee
16contributions been made as a noncovered employee serving in a
17position in which eligible creditable service, as defined in
18this Section, may be earned, plus (ii) interest thereon at the
19effective rate for each year, compounded annually, from the
20date of service to the date of payment.
21(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
22102-538, eff. 8-20-21; revised 10-12-21.)
 
23    (40 ILCS 5/14-152.1)
24    Sec. 14-152.1. Application and expiration of new benefit
25increases.

 

 

10200SB3778sam004- 33 -LRB102 23771 RPS 36697 a

1    (a) As used in this Section, "new benefit increase" means
2an increase in the amount of any benefit provided under this
3Article, or an expansion of the conditions of eligibility for
4any benefit under this Article, that results from an amendment
5to this Code that takes effect after June 1, 2005 (the
6effective date of Public Act 94-4). "New benefit increase",
7however, does not include any benefit increase resulting from
8the changes made to Article 1 or this Article by Public Act
996-37, Public Act 100-23, Public Act 100-587, Public Act
10100-611, Public Act 101-10, Public Act 101-610, Public Act
11102-210, or this amendatory Act of the 102nd General Assembly
12or this amendatory Act of the 102nd General Assembly.
13    (b) Notwithstanding any other provision of this Code or
14any subsequent amendment to this Code, every new benefit
15increase is subject to this Section and shall be deemed to be
16granted only in conformance with and contingent upon
17compliance with the provisions of this Section.
18    (c) The Public Act enacting a new benefit increase must
19identify and provide for payment to the System of additional
20funding at least sufficient to fund the resulting annual
21increase in cost to the System as it accrues.
22    Every new benefit increase is contingent upon the General
23Assembly providing the additional funding required under this
24subsection. The Commission on Government Forecasting and
25Accountability shall analyze whether adequate additional
26funding has been provided for the new benefit increase and

 

 

10200SB3778sam004- 34 -LRB102 23771 RPS 36697 a

1shall report its analysis to the Public Pension Division of
2the Department of Insurance. A new benefit increase created by
3a Public Act that does not include the additional funding
4required under this subsection is null and void. If the Public
5Pension Division determines that the additional funding
6provided for a new benefit increase under this subsection is
7or has become inadequate, it may so certify to the Governor and
8the State Comptroller and, in the absence of corrective action
9by the General Assembly, the new benefit increase shall expire
10at the end of the fiscal year in which the certification is
11made.
12    (d) Every new benefit increase shall expire 5 years after
13its effective date or on such earlier date as may be specified
14in the language enacting the new benefit increase or provided
15under subsection (c). This does not prevent the General
16Assembly from extending or re-creating a new benefit increase
17by law.
18    (e) Except as otherwise provided in the language creating
19the new benefit increase, a new benefit increase that expires
20under this Section continues to apply to persons who applied
21and qualified for the affected benefit while the new benefit
22increase was in effect and to the affected beneficiaries and
23alternate payees of such persons, but does not apply to any
24other person, including, without limitation, a person who
25continues in service after the expiration date and did not
26apply and qualify for the affected benefit while the new

 

 

10200SB3778sam004- 35 -LRB102 23771 RPS 36697 a

1benefit increase was in effect.
2(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
3101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
 
4    Section 90. The State Mandates Act is amended by adding
5Section 8.46 as follows:
 
6    (30 ILCS 805/8.46 new)
7    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
88 of this Act, no reimbursement by the State is required for
9the implementation of any mandate created by this amendatory
10Act of the 102nd General Assembly.".