Full Text of HB2054 103rd General Assembly
HB2054eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning the Department of Juvenile Justice.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 14-110 as follows:
| 6 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 7 | | (Text of Section from P.A. 102-813)
| 8 | | Sec. 14-110. Alternative retirement annuity.
| 9 | | (a) Any member who has withdrawn from service with not | 10 | | less than 20
years of eligible creditable service and has | 11 | | attained age 55, and any
member who has withdrawn from service | 12 | | with not less than 25 years of
eligible creditable service and | 13 | | has attained age 50, regardless of whether
the attainment of | 14 | | either of the specified ages occurs while the member is
still | 15 | | in service, shall be entitled to receive at the option of the | 16 | | member,
in lieu of the regular or minimum retirement annuity, | 17 | | a retirement annuity
computed as follows:
| 18 | | (i) for periods of service as a noncovered employee:
| 19 | | if retirement occurs on or after January 1, 2001, 3% of | 20 | | final
average compensation for each year of creditable | 21 | | service; if retirement occurs
before January 1, 2001, 2 | 22 | | 1/4% of final average compensation for each of the
first | 23 | | 10 years of creditable service, 2 1/2% for each year above |
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| 1 | | 10 years to
and including 20 years of creditable service, | 2 | | and 2 3/4% for each year of
creditable service above 20 | 3 | | years; and
| 4 | | (ii) for periods of eligible creditable service as a | 5 | | covered employee:
if retirement occurs on or after January | 6 | | 1, 2001, 2.5% of final average
compensation for each year | 7 | | of creditable service; if retirement occurs before
January | 8 | | 1, 2001, 1.67% of final average compensation for each of | 9 | | the first
10 years of such service, 1.90% for each of the | 10 | | next 10 years of such service,
2.10% for each year of such | 11 | | service in excess of 20 but not exceeding 30, and
2.30% for | 12 | | each year in excess of 30.
| 13 | | Such annuity shall be subject to a maximum of 75% of final | 14 | | average
compensation if retirement occurs before January 1, | 15 | | 2001 or to a maximum
of 80% of final average compensation if | 16 | | retirement occurs on or after January
1, 2001.
| 17 | | These rates shall not be applicable to any service | 18 | | performed
by a member as a covered employee which is not | 19 | | eligible creditable service.
Service as a covered employee | 20 | | which is not eligible creditable service
shall be subject to | 21 | | the rates and provisions of Section 14-108.
| 22 | | (b) For the purpose of this Section, "eligible creditable | 23 | | service" means
creditable service resulting from service in | 24 | | one or more of the following
positions:
| 25 | | (1) State policeman;
| 26 | | (2) fire fighter in the fire protection service of a |
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| 1 | | department;
| 2 | | (3) air pilot;
| 3 | | (4) special agent;
| 4 | | (5) investigator for the Secretary of State;
| 5 | | (6) conservation police officer;
| 6 | | (7) investigator for the Department of Revenue or the | 7 | | Illinois Gaming Board;
| 8 | | (8) security employee of the Department of Human | 9 | | Services;
| 10 | | (9) Central Management Services security police | 11 | | officer;
| 12 | | (10) security employee of the Department of | 13 | | Corrections or the Department of Juvenile Justice;
| 14 | | (11) dangerous drugs investigator;
| 15 | | (12) investigator for the Illinois State Police;
| 16 | | (13) investigator for the Office of the Attorney | 17 | | General;
| 18 | | (14) controlled substance inspector;
| 19 | | (15) investigator for the Office of the State's | 20 | | Attorneys Appellate
Prosecutor;
| 21 | | (16) Commerce Commission police officer;
| 22 | | (17) arson investigator;
| 23 | | (18) State highway maintenance worker;
| 24 | | (19) security employee of the Department of Innovation | 25 | | and Technology; or | 26 | | (20) transferred employee. |
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| 1 | | A person employed in one of the positions specified in | 2 | | this subsection is
entitled to eligible creditable service for | 3 | | service credit earned under this
Article while undergoing the | 4 | | basic police training course approved by the
Illinois Law | 5 | | Enforcement Training
Standards Board, if
completion of that | 6 | | training is required of persons serving in that position.
For | 7 | | the purposes of this Code, service during the required basic | 8 | | police
training course shall be deemed performance of the | 9 | | duties of the specified
position, even though the person is | 10 | | not a sworn peace officer at the time of
the training.
| 11 | | A person under paragraph (20) is entitled to eligible | 12 | | creditable service for service credit earned under this | 13 | | Article on and after his or her transfer by Executive Order No. | 14 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 15 | | 2016-1. | 16 | | (c) For the purposes of this Section:
| 17 | | (1) The term "State policeman" includes any title or | 18 | | position
in the Illinois State Police that is held by an | 19 | | individual employed
under the Illinois State Police Act.
| 20 | | (2) The term "fire fighter in the fire protection | 21 | | service of a
department" includes all officers in such | 22 | | fire protection service
including fire chiefs and | 23 | | assistant fire chiefs.
| 24 | | (3) The term "air pilot" includes any employee whose | 25 | | official job
description on file in the Department of | 26 | | Central Management Services, or
in the department by which |
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| 1 | | he is employed if that department is not covered
by the | 2 | | Personnel Code, states that his principal duty is the | 3 | | operation of
aircraft, and who possesses a pilot's | 4 | | license; however, the change in this
definition made by | 5 | | Public Act 83-842 shall not operate to exclude
any | 6 | | noncovered employee who was an "air pilot" for the | 7 | | purposes of this
Section on January 1, 1984.
| 8 | | (4) The term "special agent" means any person who by | 9 | | reason of
employment by the Division of Narcotic Control, | 10 | | the Bureau of Investigation
or, after July 1, 1977, the | 11 | | Division of Criminal Investigation, the
Division of | 12 | | Internal Investigation, the Division of Operations, the | 13 | | Division of Patrol Operations, or any
other Division or | 14 | | organizational
entity in the Illinois State Police is | 15 | | vested by law with duties to
maintain public order, | 16 | | investigate violations of the criminal law of this
State, | 17 | | enforce the laws of this State, make arrests and recover | 18 | | property.
The term "special agent" includes any title or | 19 | | position in the Illinois State Police that is held by an | 20 | | individual employed under the Illinois State
Police Act.
| 21 | | (5) The term "investigator for the Secretary of State" | 22 | | means any person
employed by the Office of the Secretary | 23 | | of State and vested with such
investigative duties as | 24 | | render him ineligible for coverage under the Social
| 25 | | Security Act by reason of Sections 218(d)(5)(A), | 26 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
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| 1 | | A person who became employed as an investigator for | 2 | | the Secretary of
State between January 1, 1967 and | 3 | | December 31, 1975, and who has served as
such until | 4 | | attainment of age 60, either continuously or with a single | 5 | | break
in service of not more than 3 years duration, which | 6 | | break terminated before
January 1, 1976, shall be entitled | 7 | | to have his retirement annuity
calculated in accordance | 8 | | with subsection (a), notwithstanding
that he has less than | 9 | | 20 years of credit for such service.
| 10 | | (6) The term "Conservation Police Officer" means any | 11 | | person employed
by the Division of Law Enforcement of the | 12 | | Department of Natural Resources and
vested with such law | 13 | | enforcement duties as render him ineligible for coverage
| 14 | | under the Social Security Act by reason of Sections | 15 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 16 | | term "Conservation Police Officer" includes
the positions | 17 | | of Chief Conservation Police Administrator and Assistant
| 18 | | Conservation Police Administrator.
| 19 | | (7) The term "investigator for the Department of | 20 | | Revenue" means any
person employed by the Department of | 21 | | Revenue 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 | | The term "investigator for the Illinois Gaming Board" | 26 | | means any
person employed as such by the Illinois Gaming |
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| 1 | | Board and vested with such
peace officer duties as render | 2 | | the person ineligible for coverage under the Social
| 3 | | Security Act by reason of Sections 218(d)(5)(A), | 4 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 5 | | (8) The term "security employee of the Department of | 6 | | Human Services"
means any person employed by the | 7 | | Department of Human Services who (i) is
employed at the | 8 | | Chester Mental Health Center and has daily contact with | 9 | | the
residents thereof, (ii) is employed within a security | 10 | | unit at a facility
operated by the Department and has | 11 | | daily contact with the residents of the
security unit, | 12 | | (iii) is employed at a facility operated by the Department
| 13 | | that includes a security unit and is regularly scheduled | 14 | | to work at least
50% of his or her working hours within | 15 | | that security unit, or (iv) is a mental health police | 16 | | officer.
"Mental health police officer" means any person | 17 | | employed by the Department of
Human Services in a position | 18 | | pertaining to the Department's mental health and
| 19 | | developmental disabilities functions who is vested with | 20 | | such law enforcement
duties as render the person | 21 | | ineligible for coverage under the Social Security
Act by | 22 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 23 | | 218(l)(1) of that
Act. "Security unit" means that portion | 24 | | of a facility that is devoted to
the care, containment, | 25 | | and treatment of persons committed to the Department of
| 26 | | Human Services as sexually violent persons, persons unfit |
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| 1 | | to stand trial, or
persons not guilty by reason of | 2 | | insanity. With respect to past employment,
references to | 3 | | the Department of Human Services include its predecessor, | 4 | | the
Department of Mental Health and Developmental | 5 | | Disabilities.
| 6 | | The changes made to this subdivision (c)(8) by Public | 7 | | Act 92-14 apply to persons who retire on or after January | 8 | | 1,
2001, notwithstanding Section 1-103.1.
| 9 | | (9) "Central Management Services security police | 10 | | officer" means any
person employed by the Department of | 11 | | Central Management Services who is
vested with such law | 12 | | enforcement duties as render him ineligible for
coverage | 13 | | under the Social Security Act by reason of Sections | 14 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 15 | | (10) For a member who first became an employee under | 16 | | this Article before July 1, 2005, the term "security | 17 | | employee of the Department of Corrections or the | 18 | | Department of Juvenile Justice"
means any employee of the | 19 | | Department of Corrections or the Department of Juvenile | 20 | | Justice or the former
Department of Personnel, and any | 21 | | member or employee of the Prisoner
Review Board, who has | 22 | | daily contact with inmates or youth by working within a
| 23 | | correctional facility or Juvenile facility operated by the | 24 | | Department of Juvenile Justice or who is a parole officer | 25 | | or an employee who has
direct contact with committed | 26 | | persons in the performance of his or her
job duties. For a |
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| 1 | | member who first becomes an employee under this Article on | 2 | | or after July 1, 2005, the term means an employee of the | 3 | | Department of Corrections or the Department of Juvenile | 4 | | Justice who is any of the following: (i) officially | 5 | | headquartered at a correctional facility or Juvenile | 6 | | facility operated by the Department of Juvenile Justice, | 7 | | (ii) a parole officer, (iii) a member of the apprehension | 8 | | unit, (iv) a member of the intelligence unit, (v) a member | 9 | | of the sort team, or (vi) an investigator.
| 10 | | (11) The term "dangerous drugs investigator" means any | 11 | | person who is
employed as such by the Department of Human | 12 | | Services.
| 13 | | (12) The term "investigator for the Illinois State | 14 | | Police" means
a person employed by the Illinois State | 15 | | Police who is vested under
Section 4 of the Narcotic | 16 | | Control Division Abolition Act with such
law enforcement | 17 | | powers as render him ineligible for coverage under the
| 18 | | Social Security Act by reason of Sections 218(d)(5)(A), | 19 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 20 | | (13) "Investigator for the Office of the Attorney | 21 | | General" means any
person who is employed as such by the | 22 | | Office of the Attorney General and
is vested with such | 23 | | investigative duties as render him ineligible for
coverage | 24 | | under the Social Security Act by reason of Sections | 25 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 26 | | the period before January 1,
1989, the term includes all |
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| 1 | | persons who were employed as investigators by the
Office | 2 | | of the Attorney General, without regard to social security | 3 | | status.
| 4 | | (14) "Controlled substance inspector" means any person | 5 | | who is employed
as such by the Department of Professional | 6 | | Regulation and is vested with such
law enforcement duties | 7 | | as render him ineligible for coverage under the Social
| 8 | | Security Act by reason of Sections 218(d)(5)(A), | 9 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 10 | | "controlled substance inspector" includes the Program
| 11 | | Executive of Enforcement and the Assistant Program | 12 | | Executive of Enforcement.
| 13 | | (15) The term "investigator for the Office of the | 14 | | State's Attorneys
Appellate Prosecutor" means a person | 15 | | employed in that capacity on a full-time basis under the | 16 | | authority of Section 7.06 of the State's Attorneys
| 17 | | Appellate Prosecutor's Act.
| 18 | | (16) "Commerce Commission police officer" means any | 19 | | person employed
by the Illinois Commerce Commission who is | 20 | | vested with such law
enforcement duties as render him | 21 | | ineligible for coverage under the Social
Security Act by | 22 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 23 | | 218(l)(1) of that Act.
| 24 | | (17) "Arson investigator" means any person who is | 25 | | employed as such by
the Office of the State Fire Marshal | 26 | | and is vested with such law enforcement
duties as render |
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| 1 | | the person ineligible for coverage under the Social | 2 | | Security
Act by reason of Sections 218(d)(5)(A), | 3 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 4 | | employed as an arson
investigator on January 1, 1995 and | 5 | | is no longer in service but not yet
receiving a retirement | 6 | | annuity may convert his or her creditable service for
| 7 | | employment as an arson investigator into eligible | 8 | | creditable service by paying
to the System the difference | 9 | | between the employee contributions actually paid
for that | 10 | | service and the amounts that would have been contributed | 11 | | if the
applicant were contributing at the rate applicable | 12 | | to persons with the same
social security status earning | 13 | | eligible creditable service on the date of
application.
| 14 | | (18) The term "State highway maintenance worker" means | 15 | | a person who is
either of the following:
| 16 | | (i) A person employed on a full-time basis by the | 17 | | Illinois
Department of Transportation in the position | 18 | | of
highway maintainer,
highway maintenance lead | 19 | | worker,
highway maintenance lead/lead worker,
heavy | 20 | | construction equipment operator,
power shovel | 21 | | operator, or
bridge mechanic; and
whose principal | 22 | | responsibility is to perform, on the roadway, the | 23 | | actual
maintenance necessary to keep the highways that | 24 | | form a part of the State
highway system in serviceable | 25 | | condition for vehicular traffic.
| 26 | | (ii) A person employed on a full-time basis by the |
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| 1 | | Illinois
State Toll Highway Authority in the position | 2 | | of
equipment operator/laborer H-4,
equipment | 3 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 4 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 5 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 6 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 7 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 8 | | painter H-4, or
painter H-6; and
whose principal | 9 | | responsibility is to perform, on the roadway, the | 10 | | actual
maintenance necessary to keep the Authority's | 11 | | tollways in serviceable condition
for vehicular | 12 | | traffic.
| 13 | | (19) The term "security employee of the Department of | 14 | | Innovation and Technology" means a person who was a | 15 | | security employee of the Department of Corrections or the | 16 | | Department of Juvenile Justice, was transferred to the | 17 | | Department of Innovation and Technology pursuant to | 18 | | Executive Order 2016-01, and continues to perform similar | 19 | | job functions under that Department. | 20 | | (20) "Transferred employee" means an employee who was | 21 | | transferred to the Department of Central Management | 22 | | Services by Executive Order No. 2003-10 or Executive Order | 23 | | No. 2004-2 or transferred to the Department of Innovation | 24 | | and Technology by Executive Order No. 2016-1, or both, and | 25 | | was entitled to eligible creditable service for services | 26 | | immediately preceding the transfer. |
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| 1 | | (d) A security employee of the Department of Corrections | 2 | | or the Department of Juvenile Justice, a security
employee of | 3 | | the Department of Human Services who is not a mental health | 4 | | police
officer, and a security employee of the Department of | 5 | | Innovation and Technology shall not be eligible for the | 6 | | alternative retirement annuity provided
by this Section unless | 7 | | he or she meets the following minimum age and service
| 8 | | requirements at the time of retirement:
| 9 | | (i) 25 years of eligible creditable service and age | 10 | | 55; or
| 11 | | (ii) beginning January 1, 1987, 25 years of eligible | 12 | | creditable service
and age 54, or 24 years of eligible | 13 | | creditable service and age 55; or
| 14 | | (iii) beginning January 1, 1988, 25 years of eligible | 15 | | creditable service
and age 53, or 23 years of eligible | 16 | | creditable service and age 55; or
| 17 | | (iv) beginning January 1, 1989, 25 years of eligible | 18 | | creditable service
and age 52, or 22 years of eligible | 19 | | creditable service and age 55; or
| 20 | | (v) beginning January 1, 1990, 25 years of eligible | 21 | | creditable service
and age 51, or 21 years of eligible | 22 | | creditable service and age 55; or
| 23 | | (vi) beginning January 1, 1991, 25 years of eligible | 24 | | creditable service
and age 50, or 20 years of eligible | 25 | | creditable service and age 55.
| 26 | | Persons who have service credit under Article 16 of this |
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| 1 | | Code for service
as a security employee of the Department of | 2 | | Corrections or the Department of Juvenile Justice, or the | 3 | | Department
of Human Services in a position requiring | 4 | | certification as a teacher may
count such service toward | 5 | | establishing their eligibility under the service
requirements | 6 | | of this Section; but such service may be used only for
| 7 | | establishing such eligibility, and not for the purpose of | 8 | | increasing or
calculating any benefit.
| 9 | | (e) If a member enters military service while working in a | 10 | | position in
which eligible creditable service may be earned, | 11 | | and returns to State
service in the same or another such | 12 | | position, and fulfills in all other
respects the conditions | 13 | | prescribed in this Article for credit for military
service, | 14 | | such military service shall be credited as eligible creditable
| 15 | | service for the purposes of the retirement annuity prescribed | 16 | | in this Section.
| 17 | | (f) For purposes of calculating retirement annuities under | 18 | | this
Section, periods of service rendered after December 31, | 19 | | 1968 and before
October 1, 1975 as a covered employee in the | 20 | | position of special agent,
conservation police officer, mental | 21 | | health police officer, or investigator
for the Secretary of | 22 | | State, shall be deemed to have been service as a
noncovered | 23 | | employee, provided that the employee pays to the System prior | 24 | | to
retirement an amount equal to (1) the difference between | 25 | | the employee
contributions that would have been required for | 26 | | such service as a
noncovered employee, and the amount of |
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| 1 | | employee contributions actually
paid, plus (2) if payment is | 2 | | made after July 31, 1987, regular interest
on the amount | 3 | | specified in item (1) from the date of service to the date
of | 4 | | payment.
| 5 | | For purposes of calculating retirement annuities under | 6 | | this Section,
periods of service rendered after December 31, | 7 | | 1968 and before January 1,
1982 as a covered employee in the | 8 | | position of investigator for the
Department of Revenue shall | 9 | | be deemed to have been service as a noncovered
employee, | 10 | | provided that the employee pays to the System prior to | 11 | | retirement
an amount equal to (1) the difference between the | 12 | | employee contributions
that would have been required for such | 13 | | service as a noncovered employee,
and the amount of employee | 14 | | contributions actually paid, plus (2) if payment
is made after | 15 | | January 1, 1990, regular interest on the amount specified in
| 16 | | item (1) from the date of service to the date of payment.
| 17 | | (g) A State policeman may elect, not later than January 1, | 18 | | 1990, to
establish eligible creditable service for up to 10 | 19 | | years of his service as
a policeman under Article 3, by filing | 20 | | a written election with the Board,
accompanied by payment of | 21 | | an amount to be determined by the Board, equal to
(i) the | 22 | | difference between the amount of employee and employer
| 23 | | contributions transferred to the System under Section 3-110.5, | 24 | | and the
amounts that would have been contributed had such | 25 | | contributions been made
at the rates applicable to State | 26 | | policemen, plus (ii) interest thereon at
the effective rate |
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| 1 | | for each year, compounded annually, from the date of
service | 2 | | to the date of payment.
| 3 | | Subject to the limitation in subsection (i), a State | 4 | | policeman may elect,
not later than July 1, 1993, to establish | 5 | | eligible creditable service for
up to 10 years of his service | 6 | | as a member of the County Police Department
under Article 9, by | 7 | | filing a written election with the Board, accompanied
by | 8 | | payment of an amount to be determined by the Board, equal to | 9 | | (i) the
difference between the amount of employee and employer | 10 | | contributions
transferred to the System under Section 9-121.10 | 11 | | and the amounts that would
have been contributed had those | 12 | | contributions been made at the rates
applicable to State | 13 | | policemen, plus (ii) interest thereon at the effective
rate | 14 | | for each year, compounded annually, from the date of service | 15 | | to the
date of payment.
| 16 | | (h) Subject to the limitation in subsection (i), a State | 17 | | policeman or
investigator for the Secretary of State may elect | 18 | | to establish eligible
creditable service for up to 12 years of | 19 | | his service as a policeman under
Article 5, by filing a written | 20 | | election with the Board on or before January
31, 1992, and | 21 | | paying to the System by January 31, 1994 an amount to be
| 22 | | determined by the Board, equal to (i) the difference between | 23 | | the amount of
employee and employer contributions transferred | 24 | | to the System under Section
5-236, and the amounts that would | 25 | | have been contributed had such
contributions been made at the | 26 | | rates applicable to State policemen, plus
(ii) interest |
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| 1 | | thereon at the effective rate for each year, compounded
| 2 | | annually, from the date of service to the date of payment.
| 3 | | Subject to the limitation in subsection (i), a State | 4 | | policeman,
conservation police officer, or investigator for | 5 | | the Secretary of State may
elect to establish eligible | 6 | | creditable service for up to 10 years of
service as a sheriff's | 7 | | law enforcement employee under Article 7, by filing
a written | 8 | | election with the Board on or before January 31, 1993, and | 9 | | paying
to the System by January 31, 1994 an amount to be | 10 | | determined by the Board,
equal to (i) the difference between | 11 | | the amount of employee and
employer contributions transferred | 12 | | to the System under Section
7-139.7, and the amounts that | 13 | | would have been contributed had such
contributions been made | 14 | | at the rates applicable to State policemen, plus
(ii) interest | 15 | | thereon at the effective rate for each year, compounded
| 16 | | annually, from the date of service to the date of payment.
| 17 | | Subject to the limitation in subsection (i), a State | 18 | | policeman,
conservation police officer, or investigator for | 19 | | the Secretary of State may
elect to establish eligible | 20 | | creditable service for up to 5 years of
service as a police | 21 | | officer under Article 3, a policeman under Article 5, a | 22 | | sheriff's law enforcement employee under Article 7, a member | 23 | | of the county police department under Article 9, or a police | 24 | | officer under Article 15 by filing
a written election with the | 25 | | Board and paying
to the System an amount to be determined by | 26 | | the Board,
equal to (i) the difference between the amount of |
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| 1 | | employee and
employer contributions transferred to the System | 2 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 3 | | and the amounts that would have been contributed had such
| 4 | | contributions been made at the rates applicable to State | 5 | | policemen, plus
(ii) interest thereon at the effective rate | 6 | | for each year, compounded
annually, from the date of service | 7 | | to the date of payment. | 8 | | Subject to the limitation in subsection (i), an | 9 | | investigator for the Office of the Attorney General, or an | 10 | | investigator for the Department of Revenue, may elect to | 11 | | establish eligible creditable service for up to 5 years of | 12 | | service as a police officer under Article 3, a policeman under | 13 | | Article 5, a sheriff's law enforcement employee under Article | 14 | | 7, or a member of the county police department under Article 9 | 15 | | by filing a written election with the Board within 6 months | 16 | | after August 25, 2009 (the effective date of Public Act | 17 | | 96-745) and paying to the System an amount to be determined by | 18 | | the Board, equal to (i) the difference between the amount of | 19 | | employee and employer contributions transferred to the System | 20 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 21 | | amounts that would have been contributed had such | 22 | | contributions been made at the rates applicable to State | 23 | | policemen, plus (ii) interest thereon at the actuarially | 24 | | assumed rate for each year, compounded annually, from the date | 25 | | of service to the date of payment. | 26 | | Subject to the limitation in subsection (i), a State |
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| 1 | | policeman, conservation police officer, investigator for the | 2 | | Office of the Attorney General, an investigator for the | 3 | | Department of Revenue, or investigator for the Secretary of | 4 | | State may elect to establish eligible creditable service for | 5 | | up to 5 years of service as a person employed by a | 6 | | participating municipality to perform police duties, or law | 7 | | enforcement officer employed on a full-time basis by a forest | 8 | | preserve district under Article 7, a county corrections | 9 | | officer, or a court services officer under Article 9, by | 10 | | filing a written election with the Board within 6 months after | 11 | | August 25, 2009 (the effective date of Public Act 96-745) and | 12 | | paying to the System an amount to be determined by the Board, | 13 | | equal to (i) the difference between the amount of employee and | 14 | | employer contributions transferred to the System under | 15 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 16 | | been contributed had such contributions been made at the rates | 17 | | applicable to State policemen, plus (ii) interest thereon at | 18 | | the actuarially assumed rate for each year, compounded | 19 | | annually, from the date of service to the date of payment. | 20 | | Subject to the limitation in subsection (i), a State | 21 | | policeman, arson
investigator, or Commerce Commission police | 22 | | officer may elect to establish eligible creditable service for | 23 | | up to 5 years of service as a person employed by a | 24 | | participating municipality to perform police duties under | 25 | | Article 7, a county corrections officer, a court services | 26 | | officer under Article 9, or a firefighter
under Article 4 by |
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| 1 | | filing a written election with the Board within 6 months after | 2 | | July 30, 2021 (the effective date of Public Act 102-210) and | 3 | | paying to the System an amount to be determined by the Board | 4 | | equal to (i) the difference between the amount of employee and | 5 | | employer contributions transferred to the System under | 6 | | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | 7 | | would have been contributed had such contributions been made | 8 | | at the rates applicable to State policemen, plus (ii) interest | 9 | | thereon at the actuarially assumed rate for each year, | 10 | | compounded annually, from the date of service to the date of | 11 | | payment. | 12 | | Subject to the limitation in subsection (i), a | 13 | | conservation police officer may elect to establish eligible | 14 | | creditable service for up to 5 years of service as a person | 15 | | employed by a participating municipality to perform police | 16 | | duties under Article 7, a county corrections officer, or a | 17 | | court services officer under Article 9 by filing a written | 18 | | election with the Board within 6 months after July 30, 2021 | 19 | | (the effective date of Public Act 102-210) and paying to the | 20 | | System an amount to be determined by the Board equal to (i) the | 21 | | difference between the amount of employee and employer | 22 | | contributions transferred to the System under Sections 7-139.8 | 23 | | and 9-121.10 and the amounts that would have been contributed | 24 | | had such contributions been made at the rates applicable to | 25 | | State policemen, plus (ii) interest thereon at the actuarially | 26 | | assumed rate for each year, compounded annually, from the date |
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| 1 | | of service to the date of payment. | 2 | | Notwithstanding the limitation in subsection (i), a State | 3 | | policeman or conservation police officer may elect to convert | 4 | | service credit earned under this Article to eligible | 5 | | creditable service, as defined by this Section, by filing a | 6 | | written election with the board within 6 months after July 30, | 7 | | 2021 (the effective date of Public Act 102-210) and paying to | 8 | | the System an amount to be determined by the Board equal to (i) | 9 | | the difference between the amount of employee contributions | 10 | | originally paid for that service and the amounts that would | 11 | | have been contributed had such contributions been made at the | 12 | | rates applicable to State policemen, plus (ii) the difference | 13 | | between the employer's normal cost of the credit prior to the | 14 | | conversion authorized by Public Act 102-210 and the employer's | 15 | | normal cost of the credit converted in accordance with Public | 16 | | Act 102-210, plus (iii) interest thereon at the actuarially | 17 | | assumed rate for each year, compounded annually, from the date | 18 | | of service to the date of payment. | 19 | | (i) The total amount of eligible creditable service | 20 | | established by any
person under subsections (g), (h), (j), | 21 | | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | 22 | | years.
| 23 | | (j) Subject to the limitation in subsection (i), an | 24 | | investigator for
the Office of the State's Attorneys Appellate | 25 | | Prosecutor or a controlled
substance inspector may elect to
| 26 | | establish eligible creditable service for up to 10 years of |
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| 1 | | his service as
a policeman under Article 3 or a sheriff's law | 2 | | enforcement employee under
Article 7, by filing a written | 3 | | election with the Board, accompanied by
payment of an amount | 4 | | to be determined by the Board, equal to (1) the
difference | 5 | | between the amount of employee and employer contributions
| 6 | | transferred to the System under Section 3-110.6 or 7-139.8, | 7 | | and the amounts
that would have been contributed had such | 8 | | contributions been made at the
rates applicable to State | 9 | | policemen, plus (2) interest thereon at the
effective rate for | 10 | | each year, compounded annually, from the date of service
to | 11 | | the date of payment.
| 12 | | (k) Subject to the limitation in subsection (i) of this | 13 | | Section, an
alternative formula employee may elect to | 14 | | establish eligible creditable
service for periods spent as a | 15 | | full-time law enforcement officer or full-time
corrections | 16 | | officer employed by the federal government or by a state or | 17 | | local
government located outside of Illinois, for which credit | 18 | | is not held in any
other public employee pension fund or | 19 | | retirement system. To obtain this
credit, the applicant must | 20 | | file a written application with the Board by March
31, 1998, | 21 | | accompanied by evidence of eligibility acceptable to the Board | 22 | | and
payment of an amount to be determined by the Board, equal | 23 | | to (1) employee
contributions for the credit being | 24 | | established, based upon the applicant's
salary on the first | 25 | | day as an alternative formula employee after the employment
| 26 | | for which credit is being established and the rates then |
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| 1 | | applicable to
alternative formula employees, plus (2) an | 2 | | amount determined by the Board
to be the employer's normal | 3 | | cost of the benefits accrued for the credit being
established, | 4 | | plus (3) regular interest on the amounts in items (1) and (2) | 5 | | from
the first day as an alternative formula employee after | 6 | | the employment for which
credit is being established to the | 7 | | date of payment.
| 8 | | (l) Subject to the limitation in subsection (i), a | 9 | | security employee of
the Department of Corrections may elect, | 10 | | not later than July 1, 1998, to
establish eligible creditable | 11 | | service for up to 10 years of his or her service
as a policeman | 12 | | under Article 3, by filing a written election with the Board,
| 13 | | accompanied by payment of an amount to be determined by the | 14 | | Board, equal to
(i) the difference between the amount of | 15 | | employee and employer contributions
transferred to the System | 16 | | under Section 3-110.5, and the amounts that would
have been | 17 | | contributed had such contributions been made at the rates | 18 | | applicable
to security employees of the Department of | 19 | | Corrections, plus (ii) interest
thereon at the effective rate | 20 | | for each year, compounded annually, from the date
of service | 21 | | to the date of payment.
| 22 | | (l-5) Subject to the limitation in subsection (i) of this | 23 | | Section, a State policeman may elect to establish eligible | 24 | | creditable service for up to 5 years of service as a full-time | 25 | | law enforcement officer employed by the federal government or | 26 | | by a state or local government located outside of Illinois for |
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| 1 | | which credit is not held in any other public employee pension | 2 | | fund or retirement system. To obtain this credit, the | 3 | | applicant must file a written application with the Board no | 4 | | later than 3 years after January 1, 2020 (the effective date of | 5 | | Public Act 101-610), accompanied by evidence of eligibility | 6 | | acceptable to the Board and payment of an amount to be | 7 | | determined by the Board, equal to (1) employee contributions | 8 | | for the credit being established, based upon the applicant's | 9 | | salary on the first day as an alternative formula employee | 10 | | after the employment for which credit is being established and | 11 | | the rates then applicable to alternative formula employees, | 12 | | plus (2) an amount determined by the Board to be the employer's | 13 | | normal cost of the benefits accrued for the credit being | 14 | | established, plus (3) regular interest on the amounts in items | 15 | | (1) and (2) from the first day as an alternative formula | 16 | | employee after the employment for which credit is being | 17 | | established to the date of payment. | 18 | | (m) The amendatory changes to this Section made by Public | 19 | | Act 94-696 apply only to: (1) security employees of the | 20 | | Department of Juvenile Justice employed by the Department of | 21 | | Corrections before June 1, 2006 (the effective date of Public | 22 | | Act 94-696) and transferred to the Department of Juvenile | 23 | | Justice by Public Act 94-696; and (2) persons employed by the | 24 | | Department of Juvenile Justice on or after June 1, 2006 (the | 25 | | effective date of Public Act 94-696) who are required by | 26 | | subsection (b) of Section 3-2.5-15 of the Unified Code of |
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| 1 | | Corrections to have any bachelor's or advanced degree from an | 2 | | accredited college or university or, in the case of persons | 3 | | who provide vocational training, who are required to have | 4 | | adequate knowledge in the skill for which they are providing | 5 | | the vocational training.
On and after June 1, 2023, the | 6 | | bachelor's or advanced degree requirement in Section 3-2.5-15 | 7 | | of the Unified Code of Corrections no longer applies to this | 8 | | Code. | 9 | | (n) A person employed in a position under subsection (b) | 10 | | of this Section who has purchased service credit under | 11 | | subsection (j) of Section 14-104 or subsection (b) of Section | 12 | | 14-105 in any other capacity under this Article may convert up | 13 | | to 5 years of that service credit into service credit covered | 14 | | under this Section by paying to the Fund an amount equal to (1) | 15 | | the additional employee contribution required under Section | 16 | | 14-133, plus (2) the additional employer contribution required | 17 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 18 | | the actuarially assumed rate from the date of the service to | 19 | | the date of payment. | 20 | | (o) Subject to the limitation in subsection (i), a | 21 | | conservation police officer, investigator for the Secretary of | 22 | | State, Commerce Commission police officer, investigator for | 23 | | the Department of Revenue or the
Illinois Gaming Board, or | 24 | | arson investigator subject to subsection (g) of Section 1-160 | 25 | | may elect to convert up to 8 years of service credit | 26 | | established before January 1, 2020 (the effective date of |
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| 1 | | Public Act 101-610) as a conservation police officer, | 2 | | investigator for the Secretary of State, Commerce Commission | 3 | | police officer, investigator for the Department of Revenue or | 4 | | the
Illinois Gaming Board, or arson investigator under this | 5 | | Article into eligible creditable service by filing a written | 6 | | election with the Board no later than one year after January 1, | 7 | | 2020 (the effective date of Public Act 101-610), accompanied | 8 | | by payment of an amount to be determined by the Board equal to | 9 | | (i) the difference between the amount of the employee | 10 | | contributions actually paid for that service and the amount of | 11 | | the employee contributions that would have been paid had the | 12 | | employee contributions been made as a noncovered employee | 13 | | serving in a position in which eligible creditable service, as | 14 | | defined in this Section, may be earned, plus (ii) interest | 15 | | thereon at the effective rate for each year, compounded | 16 | | annually, from the date of service to the date of payment. | 17 | | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | 18 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| 19 | | (Text of Section from P.A. 102-856) | 20 | | Sec. 14-110. Alternative retirement annuity.
| 21 | | (a) Any member who has withdrawn from service with not | 22 | | less than 20
years of eligible creditable service and has | 23 | | attained age 55, and any
member who has withdrawn from service | 24 | | with not less than 25 years of
eligible creditable service and | 25 | | has attained age 50, regardless of whether
the attainment of |
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| 1 | | either of the specified ages occurs while the member is
still | 2 | | in service, shall be entitled to receive at the option of the | 3 | | member,
in lieu of the regular or minimum retirement annuity, | 4 | | a retirement annuity
computed as follows:
| 5 | | (i) for periods of service as a noncovered employee:
| 6 | | if retirement occurs on or after January 1, 2001, 3% of | 7 | | final
average compensation for each year of creditable | 8 | | service; if retirement occurs
before January 1, 2001, 2 | 9 | | 1/4% of final average compensation for each of the
first | 10 | | 10 years of creditable service, 2 1/2% for each year above | 11 | | 10 years to
and including 20 years of creditable service, | 12 | | and 2 3/4% for each year of
creditable service above 20 | 13 | | years; and
| 14 | | (ii) for periods of eligible creditable service as a | 15 | | covered employee:
if retirement occurs on or after January | 16 | | 1, 2001, 2.5% of final average
compensation for each year | 17 | | of creditable service; if retirement occurs before
January | 18 | | 1, 2001, 1.67% of final average compensation for each of | 19 | | the first
10 years of such service, 1.90% for each of the | 20 | | next 10 years of such service,
2.10% for each year of such | 21 | | service in excess of 20 but not exceeding 30, and
2.30% for | 22 | | each year in excess of 30.
| 23 | | Such annuity shall be subject to a maximum of 75% of final | 24 | | average
compensation if retirement occurs before January 1, | 25 | | 2001 or to a maximum
of 80% of final average compensation if | 26 | | retirement occurs on or after January
1, 2001.
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| 1 | | These rates shall not be applicable to any service | 2 | | performed
by a member as a covered employee which is not | 3 | | eligible creditable service.
Service as a covered employee | 4 | | which is not eligible creditable service
shall be subject to | 5 | | the rates and provisions of Section 14-108.
| 6 | | (b) For the purpose of this Section, "eligible creditable | 7 | | service" means
creditable service resulting from service in | 8 | | one or more of the following
positions:
| 9 | | (1) State policeman;
| 10 | | (2) fire fighter in the fire protection service of a | 11 | | department;
| 12 | | (3) air pilot;
| 13 | | (4) special agent;
| 14 | | (5) investigator for the Secretary of State;
| 15 | | (6) conservation police officer;
| 16 | | (7) investigator for the Department of Revenue or the | 17 | | Illinois Gaming Board;
| 18 | | (8) security employee of the Department of Human | 19 | | Services;
| 20 | | (9) Central Management Services security police | 21 | | officer;
| 22 | | (10) security employee of the Department of | 23 | | Corrections or the Department of Juvenile Justice;
| 24 | | (11) dangerous drugs investigator;
| 25 | | (12) investigator for the Illinois State Police;
| 26 | | (13) investigator for the Office of the Attorney |
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| 1 | | General;
| 2 | | (14) controlled substance inspector;
| 3 | | (15) investigator for the Office of the State's | 4 | | Attorneys Appellate
Prosecutor;
| 5 | | (16) Commerce Commission police officer;
| 6 | | (17) arson investigator;
| 7 | | (18) State highway maintenance worker;
| 8 | | (19) security employee of the Department of Innovation | 9 | | and Technology; or | 10 | | (20) transferred employee. | 11 | | A person employed in one of the positions specified in | 12 | | this subsection is
entitled to eligible creditable service for | 13 | | service credit earned under this
Article while undergoing the | 14 | | basic police training course approved by the
Illinois Law | 15 | | Enforcement Training
Standards Board, if
completion of that | 16 | | training is required of persons serving in that position.
For | 17 | | the purposes of this Code, service during the required basic | 18 | | police
training course shall be deemed performance of the | 19 | | duties of the specified
position, even though the person is | 20 | | not a sworn peace officer at the time of
the training.
| 21 | | A person under paragraph (20) is entitled to eligible | 22 | | creditable service for service credit earned under this | 23 | | Article on and after his or her transfer by Executive Order No. | 24 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 25 | | 2016-1. | 26 | | (c) For the purposes of this Section:
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| 1 | | (1) The term "State policeman" includes any title or | 2 | | position
in the Illinois State Police that is held by an | 3 | | individual employed
under the Illinois State Police Act.
| 4 | | (2) The term "fire fighter in the fire protection | 5 | | service of a
department" includes all officers in such | 6 | | fire protection service
including fire chiefs and | 7 | | assistant fire chiefs.
| 8 | | (3) The term "air pilot" includes any employee whose | 9 | | official job
description on file in the Department of | 10 | | Central Management Services, or
in the department by which | 11 | | he is employed if that department is not covered
by the | 12 | | Personnel Code, states that his principal duty is the | 13 | | operation of
aircraft, and who possesses a pilot's | 14 | | license; however, the change in this
definition made by | 15 | | Public Act 83-842 shall not operate to exclude
any | 16 | | noncovered employee who was an "air pilot" for the | 17 | | purposes of this
Section on January 1, 1984.
| 18 | | (4) The term "special agent" means any person who by | 19 | | reason of
employment by the Division of Narcotic Control, | 20 | | the Bureau of Investigation
or, after July 1, 1977, the | 21 | | Division of Criminal Investigation, the
Division of | 22 | | Internal Investigation, the Division of Operations, the | 23 | | Division of Patrol Operations, or any
other Division or | 24 | | organizational
entity in the Illinois State Police is | 25 | | vested by law with duties to
maintain public order, | 26 | | investigate violations of the criminal law of this
State, |
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| 1 | | enforce the laws of this State, make arrests and recover | 2 | | property.
The term "special agent" includes any title or | 3 | | position in the Illinois State Police that is held by an | 4 | | individual employed under the Illinois State
Police Act.
| 5 | | (5) The term "investigator for the Secretary of State" | 6 | | means any person
employed by the Office of the Secretary | 7 | | of State and vested with such
investigative duties as | 8 | | render him 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.
| 11 | | A person who became employed as an investigator for | 12 | | the Secretary of
State between January 1, 1967 and | 13 | | December 31, 1975, and who has served as
such until | 14 | | attainment of age 60, either continuously or with a single | 15 | | break
in service of not more than 3 years duration, which | 16 | | break terminated before
January 1, 1976, shall be entitled | 17 | | to have his retirement annuity
calculated in accordance | 18 | | with subsection (a), notwithstanding
that he has less than | 19 | | 20 years of credit for such service.
| 20 | | (6) The term "Conservation Police Officer" means any | 21 | | person employed
by the Division of Law Enforcement of the | 22 | | Department of Natural Resources and
vested with such law | 23 | | enforcement duties as render him ineligible for coverage
| 24 | | under the Social Security Act by reason of Sections | 25 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 26 | | term "Conservation Police Officer" includes
the positions |
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| 1 | | of Chief Conservation Police Administrator and Assistant
| 2 | | Conservation Police Administrator.
| 3 | | (7) The term "investigator for the Department of | 4 | | Revenue" means any
person employed by the Department of | 5 | | Revenue and vested with such
investigative duties as | 6 | | render him ineligible for coverage under the Social
| 7 | | Security Act by reason of Sections 218(d)(5)(A), | 8 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 9 | | The term "investigator for the Illinois Gaming Board" | 10 | | means any
person employed as such by the Illinois Gaming | 11 | | Board and vested with such
peace officer duties as render | 12 | | the person ineligible for coverage under the Social
| 13 | | Security Act by reason of Sections 218(d)(5)(A), | 14 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 15 | | (8) The term "security employee of the Department of | 16 | | Human Services"
means any person employed by the | 17 | | Department of Human Services who (i) is
employed at the | 18 | | Chester Mental Health Center and has daily contact with | 19 | | the
residents thereof, (ii) is employed within a security | 20 | | unit at a facility
operated by the Department and has | 21 | | daily contact with the residents of the
security unit, | 22 | | (iii) is employed at a facility operated by the Department
| 23 | | that includes a security unit and is regularly scheduled | 24 | | to work at least
50% of his or her working hours within | 25 | | that security unit, or (iv) is a mental health police | 26 | | officer.
"Mental health police officer" means any person |
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| 1 | | employed by the Department of
Human Services in a position | 2 | | pertaining to the Department's mental health and
| 3 | | developmental disabilities functions who is vested with | 4 | | such law enforcement
duties as render the person | 5 | | ineligible for coverage under the Social Security
Act by | 6 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 7 | | 218(l)(1) of that
Act. "Security unit" means that portion | 8 | | of a facility that is devoted to
the care, containment, | 9 | | and treatment of persons committed to the Department of
| 10 | | Human Services as sexually violent persons, persons unfit | 11 | | to stand trial, or
persons not guilty by reason of | 12 | | insanity. With respect to past employment,
references to | 13 | | the Department of Human Services include its predecessor, | 14 | | the
Department of Mental Health and Developmental | 15 | | Disabilities.
| 16 | | The changes made to this subdivision (c)(8) by Public | 17 | | Act 92-14 apply to persons who retire on or after January | 18 | | 1,
2001, notwithstanding Section 1-103.1.
| 19 | | (9) "Central Management Services security police | 20 | | officer" means any
person employed by the Department of | 21 | | Central Management Services who is
vested with such law | 22 | | enforcement duties as render him ineligible for
coverage | 23 | | under the Social Security Act by reason of Sections | 24 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 25 | | (10) For a member who first became an employee under | 26 | | this Article before July 1, 2005, the term "security |
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| 1 | | employee of the Department of Corrections or the | 2 | | Department of Juvenile Justice"
means any employee of the | 3 | | Department of Corrections or the Department of Juvenile | 4 | | Justice or the former
Department of Personnel, and any | 5 | | member or employee of the Prisoner
Review Board, who has | 6 | | daily contact with inmates or youth by working within a
| 7 | | correctional facility or Juvenile facility operated by the | 8 | | Department of Juvenile Justice or who is a parole officer | 9 | | or an employee who has
direct contact with committed | 10 | | persons in the performance of his or her
job duties. For a | 11 | | member who first becomes an employee under this Article on | 12 | | or after July 1, 2005, the term means an employee of the | 13 | | Department of Corrections or the Department of Juvenile | 14 | | Justice who is any of the following: (i) officially | 15 | | headquartered at a correctional facility or Juvenile | 16 | | facility operated by the Department of Juvenile Justice, | 17 | | (ii) a parole officer, (iii) a member of the apprehension | 18 | | unit, (iv) a member of the intelligence unit, (v) a member | 19 | | of the sort team, or (vi) an investigator.
| 20 | | (11) The term "dangerous drugs investigator" means any | 21 | | person who is
employed as such by the Department of Human | 22 | | Services.
| 23 | | (12) The term "investigator for the Illinois State | 24 | | Police" means
a person employed by the Illinois State | 25 | | Police who is vested under
Section 4 of the Narcotic | 26 | | Control Division Abolition Act with such
law enforcement |
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| 1 | | powers as render him ineligible for coverage under the
| 2 | | Social Security Act by reason of Sections 218(d)(5)(A), | 3 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 4 | | (13) "Investigator for the Office of the Attorney | 5 | | General" means any
person who is employed as such by the | 6 | | Office of the Attorney General and
is vested with such | 7 | | investigative duties as render him ineligible for
coverage | 8 | | under the Social Security Act by reason of Sections | 9 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 10 | | the period before January 1,
1989, the term includes all | 11 | | persons who were employed as investigators by the
Office | 12 | | of the Attorney General, without regard to social security | 13 | | status.
| 14 | | (14) "Controlled substance inspector" means any person | 15 | | who is employed
as such by the Department of Professional | 16 | | Regulation and is vested with such
law enforcement duties | 17 | | as render him ineligible for coverage under the Social
| 18 | | Security Act by reason of Sections 218(d)(5)(A), | 19 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 20 | | "controlled substance inspector" includes the Program
| 21 | | Executive of Enforcement and the Assistant Program | 22 | | Executive of Enforcement.
| 23 | | (15) The term "investigator for the Office of the | 24 | | State's Attorneys
Appellate Prosecutor" means a person | 25 | | employed in that capacity on a full-time basis under the | 26 | | authority of Section 7.06 of the State's Attorneys
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| 1 | | Appellate Prosecutor's Act.
| 2 | | (16) "Commerce Commission police officer" means any | 3 | | person employed
by the Illinois Commerce Commission who is | 4 | | vested with such law
enforcement duties as render him | 5 | | ineligible for coverage under the Social
Security Act by | 6 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 7 | | 218(l)(1) of that Act.
| 8 | | (17) "Arson investigator" means any person who is | 9 | | employed as such by
the Office of the State Fire Marshal | 10 | | and is vested with such law enforcement
duties as render | 11 | | the person ineligible for coverage under the Social | 12 | | Security
Act by reason of Sections 218(d)(5)(A), | 13 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 14 | | employed as an arson
investigator on January 1, 1995 and | 15 | | is no longer in service but not yet
receiving a retirement | 16 | | annuity may convert his or her creditable service for
| 17 | | employment as an arson investigator into eligible | 18 | | creditable service by paying
to the System the difference | 19 | | between the employee contributions actually paid
for that | 20 | | service and the amounts that would have been contributed | 21 | | if the
applicant were contributing at the rate applicable | 22 | | to persons with the same
social security status earning | 23 | | eligible creditable service on the date of
application.
| 24 | | (18) The term "State highway maintenance worker" means | 25 | | a person who is
either of the following:
| 26 | | (i) A person employed on a full-time basis by the |
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| 1 | | Illinois
Department of Transportation in the position | 2 | | of
highway maintainer,
highway maintenance lead | 3 | | worker,
highway maintenance lead/lead worker,
heavy | 4 | | construction equipment operator,
power shovel | 5 | | operator, or
bridge mechanic; and
whose principal | 6 | | responsibility is to perform, on the roadway, the | 7 | | actual
maintenance necessary to keep the highways that | 8 | | form a part of the State
highway system in serviceable | 9 | | condition for vehicular traffic.
| 10 | | (ii) A person employed on a full-time basis by the | 11 | | Illinois
State Toll Highway Authority in the position | 12 | | of
equipment operator/laborer H-4,
equipment | 13 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 14 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 15 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 16 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 17 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 18 | | painter H-4, or
painter H-6; and
whose principal | 19 | | responsibility is to perform, on the roadway, the | 20 | | actual
maintenance necessary to keep the Authority's | 21 | | tollways in serviceable condition
for vehicular | 22 | | traffic.
| 23 | | (19) The term "security employee of the Department of | 24 | | Innovation and Technology" means a person who was a | 25 | | security employee of the Department of Corrections or the | 26 | | Department of Juvenile Justice, was transferred to the |
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| 1 | | Department of Innovation and Technology pursuant to | 2 | | Executive Order 2016-01, and continues to perform similar | 3 | | job functions under that Department. | 4 | | (20) "Transferred employee" means an employee who was | 5 | | transferred to the Department of Central Management | 6 | | Services by Executive Order No. 2003-10 or Executive Order | 7 | | No. 2004-2 or transferred to the Department of Innovation | 8 | | and Technology by Executive Order No. 2016-1, or both, and | 9 | | was entitled to eligible creditable service for services | 10 | | immediately preceding the transfer. | 11 | | (d) A security employee of the Department of Corrections | 12 | | or the Department of Juvenile Justice, a security
employee of | 13 | | the Department of Human Services who is not a mental health | 14 | | police
officer, and a security employee of the Department of | 15 | | Innovation and Technology shall not be eligible for the | 16 | | alternative retirement annuity provided
by this Section unless | 17 | | he or she meets the following minimum age and service
| 18 | | requirements at the time of retirement:
| 19 | | (i) 25 years of eligible creditable service and age | 20 | | 55; or
| 21 | | (ii) beginning January 1, 1987, 25 years of eligible | 22 | | creditable service
and age 54, or 24 years of eligible | 23 | | creditable service and age 55; or
| 24 | | (iii) beginning January 1, 1988, 25 years of eligible | 25 | | creditable service
and age 53, or 23 years of eligible | 26 | | creditable service and age 55; or
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| 1 | | (iv) beginning January 1, 1989, 25 years of eligible | 2 | | creditable service
and age 52, or 22 years of eligible | 3 | | creditable service and age 55; or
| 4 | | (v) beginning January 1, 1990, 25 years of eligible | 5 | | creditable service
and age 51, or 21 years of eligible | 6 | | creditable service and age 55; or
| 7 | | (vi) beginning January 1, 1991, 25 years of eligible | 8 | | creditable service
and age 50, or 20 years of eligible | 9 | | creditable service and age 55.
| 10 | | Persons who have service credit under Article 16 of this | 11 | | Code for service
as a security employee of the Department of | 12 | | Corrections or the Department of Juvenile Justice, or the | 13 | | Department
of Human Services in a position requiring | 14 | | certification as a teacher may
count such service toward | 15 | | establishing their eligibility under the service
requirements | 16 | | of this Section; but such service may be used only for
| 17 | | establishing such eligibility, and not for the purpose of | 18 | | increasing or
calculating any benefit.
| 19 | | (e) If a member enters military service while working in a | 20 | | position in
which eligible creditable service may be earned, | 21 | | and returns to State
service in the same or another such | 22 | | position, and fulfills in all other
respects the conditions | 23 | | prescribed in this Article for credit for military
service, | 24 | | such military service shall be credited as eligible creditable
| 25 | | service for the purposes of the retirement annuity prescribed | 26 | | in this Section.
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| 1 | | (f) For purposes of calculating retirement annuities under | 2 | | this
Section, periods of service rendered after December 31, | 3 | | 1968 and before
October 1, 1975 as a covered employee in the | 4 | | position of special agent,
conservation police officer, mental | 5 | | health police officer, or investigator
for the Secretary of | 6 | | State, shall be deemed to have been service as a
noncovered | 7 | | employee, provided that the employee pays to the System prior | 8 | | to
retirement an amount equal to (1) the difference between | 9 | | the employee
contributions that would have been required for | 10 | | such service as a
noncovered employee, and the amount of | 11 | | employee contributions actually
paid, plus (2) if payment is | 12 | | made after July 31, 1987, regular interest
on the amount | 13 | | specified in item (1) from the date of service to the date
of | 14 | | payment.
| 15 | | For purposes of calculating retirement annuities under | 16 | | this Section,
periods of service rendered after December 31, | 17 | | 1968 and before January 1,
1982 as a covered employee in the | 18 | | position of investigator for the
Department of Revenue shall | 19 | | be deemed to have been service as a noncovered
employee, | 20 | | provided that the employee pays to the System prior to | 21 | | retirement
an amount equal to (1) the difference between the | 22 | | employee contributions
that would have been required for such | 23 | | service as a noncovered employee,
and the amount of employee | 24 | | contributions actually paid, plus (2) if payment
is made after | 25 | | January 1, 1990, regular interest on the amount specified in
| 26 | | item (1) from the date of service to the date of payment.
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| 1 | | (g) A State policeman may elect, not later than January 1, | 2 | | 1990, to
establish eligible creditable service for up to 10 | 3 | | years of his service as
a policeman under Article 3, by filing | 4 | | a written election with the Board,
accompanied by payment of | 5 | | an amount to be determined by the Board, equal to
(i) the | 6 | | difference between the amount of employee and employer
| 7 | | contributions transferred to the System under Section 3-110.5, | 8 | | and the
amounts that would have been contributed had such | 9 | | contributions been made
at the rates applicable to State | 10 | | policemen, plus (ii) interest thereon at
the effective rate | 11 | | for each year, compounded annually, from the date of
service | 12 | | to the date of payment.
| 13 | | Subject to the limitation in subsection (i), a State | 14 | | policeman may elect,
not later than July 1, 1993, to establish | 15 | | eligible creditable service for
up to 10 years of his service | 16 | | as a member of the County Police Department
under Article 9, by | 17 | | filing a written election with the Board, accompanied
by | 18 | | payment of an amount to be determined by the Board, equal to | 19 | | (i) the
difference between the amount of employee and employer | 20 | | contributions
transferred to the System under Section 9-121.10 | 21 | | and the amounts that would
have been contributed had those | 22 | | contributions been made at the rates
applicable to State | 23 | | policemen, plus (ii) interest thereon at the effective
rate | 24 | | for each year, compounded annually, from the date of service | 25 | | to the
date of payment.
| 26 | | (h) Subject to the limitation in subsection (i), a State |
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| 1 | | policeman or
investigator for the Secretary of State may elect | 2 | | to establish eligible
creditable service for up to 12 years of | 3 | | his service as a policeman under
Article 5, by filing a written | 4 | | election with the Board on or before January
31, 1992, and | 5 | | paying to the System by January 31, 1994 an amount to be
| 6 | | determined by the Board, equal to (i) the difference between | 7 | | the amount of
employee and employer contributions transferred | 8 | | to the System under Section
5-236, and the amounts that would | 9 | | have been contributed had such
contributions been made at the | 10 | | rates applicable to State policemen, plus
(ii) interest | 11 | | thereon at the effective rate for each year, compounded
| 12 | | annually, from the date of service to the date of payment.
| 13 | | Subject to the limitation in subsection (i), a State | 14 | | policeman,
conservation police officer, or investigator for | 15 | | the Secretary of State may
elect to establish eligible | 16 | | creditable service for up to 10 years of
service as a sheriff's | 17 | | law enforcement employee under Article 7, by filing
a written | 18 | | election with the Board on or before January 31, 1993, and | 19 | | paying
to the System by January 31, 1994 an amount to be | 20 | | determined by the Board,
equal to (i) the difference between | 21 | | the amount of employee and
employer contributions transferred | 22 | | to the System under Section
7-139.7, and the amounts that | 23 | | would have been contributed had such
contributions been made | 24 | | at the rates applicable to State policemen, plus
(ii) interest | 25 | | thereon at the effective rate for each year, compounded
| 26 | | annually, from the date of service to the date of payment.
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| 1 | | Subject to the limitation in subsection (i), a State | 2 | | policeman,
conservation police officer, or investigator for | 3 | | the Secretary of State may
elect to establish eligible | 4 | | creditable service for up to 5 years of
service as a police | 5 | | officer under Article 3, a policeman under Article 5, a | 6 | | sheriff's law enforcement employee under Article 7, a member | 7 | | of the county police department under Article 9, or a police | 8 | | officer under Article 15 by filing
a written election with the | 9 | | Board and paying
to the System an amount to be determined by | 10 | | the Board,
equal to (i) the difference between the amount of | 11 | | employee and
employer contributions transferred to the System | 12 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 13 | | and the amounts that would have been contributed had such
| 14 | | contributions been made at the rates applicable to State | 15 | | policemen, plus
(ii) interest thereon at the effective rate | 16 | | for each year, compounded
annually, from the date of service | 17 | | to the date of payment. | 18 | | Subject to the limitation in subsection (i), an | 19 | | investigator for the Office of the Attorney General, or an | 20 | | investigator for the Department of Revenue, may elect to | 21 | | establish eligible creditable service for up to 5 years of | 22 | | service as a police officer under Article 3, a policeman under | 23 | | Article 5, a sheriff's law enforcement employee under Article | 24 | | 7, or a member of the county police department under Article 9 | 25 | | by filing a written election with the Board within 6 months | 26 | | after August 25, 2009 (the effective date of Public Act |
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| 1 | | 96-745) and paying to the System an amount to be determined by | 2 | | the Board, equal to (i) the difference between the amount of | 3 | | employee and employer contributions transferred to the System | 4 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 5 | | amounts that would have been contributed had such | 6 | | contributions been made at the rates applicable to State | 7 | | policemen, plus (ii) interest thereon at the actuarially | 8 | | assumed rate for each year, compounded annually, from the date | 9 | | of service to the date of payment. | 10 | | Subject to the limitation in subsection (i), a State | 11 | | policeman, conservation police officer, investigator for the | 12 | | Office of the Attorney General, an investigator for the | 13 | | Department of Revenue, or investigator for the Secretary of | 14 | | State may elect to establish eligible creditable service for | 15 | | up to 5 years of service as a person employed by a | 16 | | participating municipality to perform police duties, or law | 17 | | enforcement officer employed on a full-time basis by a forest | 18 | | preserve district under Article 7, a county corrections | 19 | | officer, or a court services officer under Article 9, by | 20 | | filing a written election with the Board within 6 months after | 21 | | August 25, 2009 (the effective date of Public Act 96-745) and | 22 | | paying to the System an amount to be determined by the Board, | 23 | | equal to (i) the difference between the amount of employee and | 24 | | employer contributions transferred to the System under | 25 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 26 | | been contributed had such contributions been made at the rates |
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| 1 | | applicable to State policemen, plus (ii) interest thereon at | 2 | | the actuarially assumed rate for each year, compounded | 3 | | annually, from the date of service to the date of payment. | 4 | | Subject to the limitation in subsection (i), a State | 5 | | policeman, arson
investigator, or Commerce Commission police | 6 | | officer may elect to establish eligible creditable service for | 7 | | up to 5 years of service as a person employed by a | 8 | | participating municipality to perform police duties under | 9 | | Article 7, a county corrections officer, a court services | 10 | | officer under Article 9, or a firefighter
under Article 4 by | 11 | | filing a written election with the Board within 6 months after | 12 | | July 30, 2021 (the effective date of Public Act 102-210) and | 13 | | paying to the System an amount to be determined by the Board | 14 | | equal to (i) the difference between the amount of employee and | 15 | | employer contributions transferred to the System under | 16 | | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | 17 | | would have been contributed had such contributions been made | 18 | | at the rates applicable to State policemen, plus (ii) interest | 19 | | thereon at the actuarially assumed rate for each year, | 20 | | compounded annually, from the date of service to the date of | 21 | | payment. | 22 | | Subject to the limitation in subsection (i), a | 23 | | conservation police officer may elect to establish eligible | 24 | | creditable service for up to 5 years of service as a person | 25 | | employed by a participating municipality to perform police | 26 | | duties under Article 7, a county corrections officer, or a |
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| 1 | | court services officer under Article 9 by filing a written | 2 | | election with the Board within 6 months after July 30, 2021 | 3 | | (the effective date of Public Act 102-210) and paying to the | 4 | | System an amount to be determined by the Board equal to (i) the | 5 | | difference between the amount of employee and employer | 6 | | contributions transferred to the System under Sections 7-139.8 | 7 | | and 9-121.10 and the amounts that would have been contributed | 8 | | had such contributions been made at the rates applicable to | 9 | | State policemen, plus (ii) interest thereon at the actuarially | 10 | | assumed rate for each year, compounded annually, from the date | 11 | | of service to the date of payment. | 12 | | Subject to the limitation in subsection (i), an | 13 | | investigator for the Department of Revenue, investigator for | 14 | | the Illinois Gaming Board, investigator for the Secretary of | 15 | | State, or arson investigator may elect to establish eligible | 16 | | creditable service for up to 5 years of service as a person | 17 | | employed by a participating municipality to perform police | 18 | | duties under Article 7, a county corrections officer, a court | 19 | | services officer under Article 9, or a firefighter under | 20 | | Article 4 by filing a written election with the Board within 6 | 21 | | months after the effective date of this amendatory Act of the | 22 | | 102nd General Assembly and paying to the System an amount to be | 23 | | determined by the Board equal to (i) the difference between | 24 | | the amount of employee and employer contributions transferred | 25 | | to the System under Sections 4-108.8, 7-139.8, and 9-121.10 | 26 | | and the amounts that would have been contributed had such |
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| 1 | | contributions been made at the rates applicable to State | 2 | | policemen, plus (ii) interest thereon at the actuarially | 3 | | assumed rate for each year, compounded annually, from the date | 4 | | of service to the date of payment. | 5 | | Notwithstanding the limitation in subsection (i), a State | 6 | | policeman or conservation police officer may elect to convert | 7 | | service credit earned under this Article to eligible | 8 | | creditable service, as defined by this Section, by filing a | 9 | | written election with the board within 6 months after July 30, | 10 | | 2021 (the effective date of Public Act 102-210) and paying to | 11 | | the System an amount to be determined by the Board equal to (i) | 12 | | the difference between the amount of employee contributions | 13 | | originally paid for that service and the amounts that would | 14 | | have been contributed had such contributions been made at the | 15 | | rates applicable to State policemen, plus (ii) the difference | 16 | | between the employer's normal cost of the credit prior to the | 17 | | conversion authorized by Public Act 102-210 and the employer's | 18 | | normal cost of the credit converted in accordance with Public | 19 | | Act 102-210, plus (iii) interest thereon at the actuarially | 20 | | assumed rate for each year, compounded annually, from the date | 21 | | of service to the date of payment. | 22 | | Notwithstanding the limitation in subsection (i), an | 23 | | investigator for the Department of Revenue, investigator for | 24 | | the Illinois Gaming Board, investigator for the Secretary of | 25 | | State, or arson investigator may elect to convert service | 26 | | credit earned under this Article to eligible creditable |
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| 1 | | service, as defined by this Section, by filing a written | 2 | | election with the Board within 6 months after the effective | 3 | | date of this amendatory Act of the 102nd General Assembly and | 4 | | paying to the System an amount to be determined by the Board | 5 | | equal to (i) the difference between the amount of employee | 6 | | contributions originally paid for that service and the amounts | 7 | | that would have been contributed had such contributions been | 8 | | made at the rates applicable to investigators for the | 9 | | Department of Revenue, investigators for the Illinois Gaming | 10 | | Board, investigators for the Secretary of State, or arson | 11 | | investigators, plus (ii) the difference between the employer's | 12 | | normal cost of the credit prior to the conversion authorized | 13 | | by this amendatory Act of the 102nd General Assembly and the | 14 | | employer's normal cost of the credit converted in accordance | 15 | | with this amendatory Act of the 102nd General Assembly, plus | 16 | | (iii) interest thereon at the actuarially assumed rate for | 17 | | each year, compounded annually, from the date of service to | 18 | | the date of payment. | 19 | | (i) The total amount of eligible creditable service | 20 | | established by any
person under subsections (g), (h), (j), | 21 | | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | 22 | | years.
| 23 | | (j) Subject to the limitation in subsection (i), an | 24 | | investigator for
the Office of the State's Attorneys Appellate | 25 | | Prosecutor or a controlled
substance inspector may elect to
| 26 | | establish eligible creditable service for up to 10 years of |
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| 1 | | his service as
a policeman under Article 3 or a sheriff's law | 2 | | enforcement employee under
Article 7, by filing a written | 3 | | election with the Board, accompanied by
payment of an amount | 4 | | to be determined by the Board, equal to (1) the
difference | 5 | | between the amount of employee and employer contributions
| 6 | | transferred to the System under Section 3-110.6 or 7-139.8, | 7 | | and the amounts
that would have been contributed had such | 8 | | contributions been made at the
rates applicable to State | 9 | | policemen, plus (2) interest thereon at the
effective rate for | 10 | | each year, compounded annually, from the date of service
to | 11 | | the date of payment.
| 12 | | (k) Subject to the limitation in subsection (i) of this | 13 | | Section, an
alternative formula employee may elect to | 14 | | establish eligible creditable
service for periods spent as a | 15 | | full-time law enforcement officer or full-time
corrections | 16 | | officer employed by the federal government or by a state or | 17 | | local
government located outside of Illinois, for which credit | 18 | | is not held in any
other public employee pension fund or | 19 | | retirement system. To obtain this
credit, the applicant must | 20 | | file a written application with the Board by March
31, 1998, | 21 | | accompanied by evidence of eligibility acceptable to the Board | 22 | | and
payment of an amount to be determined by the Board, equal | 23 | | to (1) employee
contributions for the credit being | 24 | | established, based upon the applicant's
salary on the first | 25 | | day as an alternative formula employee after the employment
| 26 | | for which credit is being established and the rates then |
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| 1 | | applicable to
alternative formula employees, plus (2) an | 2 | | amount determined by the Board
to be the employer's normal | 3 | | cost of the benefits accrued for the credit being
established, | 4 | | plus (3) regular interest on the amounts in items (1) and (2) | 5 | | from
the first day as an alternative formula employee after | 6 | | the employment for which
credit is being established to the | 7 | | date of payment.
| 8 | | (l) Subject to the limitation in subsection (i), a | 9 | | security employee of
the Department of Corrections may elect, | 10 | | not later than July 1, 1998, to
establish eligible creditable | 11 | | service for up to 10 years of his or her service
as a policeman | 12 | | under Article 3, by filing a written election with the Board,
| 13 | | accompanied by payment of an amount to be determined by the | 14 | | Board, equal to
(i) the difference between the amount of | 15 | | employee and employer contributions
transferred to the System | 16 | | under Section 3-110.5, and the amounts that would
have been | 17 | | contributed had such contributions been made at the rates | 18 | | applicable
to security employees of the Department of | 19 | | Corrections, plus (ii) interest
thereon at the effective rate | 20 | | for each year, compounded annually, from the date
of service | 21 | | to the date of payment.
| 22 | | (l-5) Subject to the limitation in subsection (i) of this | 23 | | Section, a State policeman may elect to establish eligible | 24 | | creditable service for up to 5 years of service as a full-time | 25 | | law enforcement officer employed by the federal government or | 26 | | by a state or local government located outside of Illinois for |
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| 1 | | which credit is not held in any other public employee pension | 2 | | fund or retirement system. To obtain this credit, the | 3 | | applicant must file a written application with the Board no | 4 | | later than 3 years after January 1, 2020 (the effective date of | 5 | | Public Act 101-610), accompanied by evidence of eligibility | 6 | | acceptable to the Board and payment of an amount to be | 7 | | determined by the Board, equal to (1) employee contributions | 8 | | for the credit being established, based upon the applicant's | 9 | | salary on the first day as an alternative formula employee | 10 | | after the employment for which credit is being established and | 11 | | the rates then applicable to alternative formula employees, | 12 | | plus (2) an amount determined by the Board to be the employer's | 13 | | normal cost of the benefits accrued for the credit being | 14 | | established, plus (3) regular interest on the amounts in items | 15 | | (1) and (2) from the first day as an alternative formula | 16 | | employee after the employment for which credit is being | 17 | | established to the date of payment. | 18 | | (m) The amendatory changes to this Section made by Public | 19 | | Act 94-696 apply only to: (1) security employees of the | 20 | | Department of Juvenile Justice employed by the Department of | 21 | | Corrections before June 1, 2006 (the effective date of Public | 22 | | Act 94-696) and transferred to the Department of Juvenile | 23 | | Justice by Public Act 94-696; and (2) persons employed by the | 24 | | Department of Juvenile Justice on or after June 1, 2006 (the | 25 | | effective date of Public Act 94-696) who are required by | 26 | | subsection (b) of Section 3-2.5-15 of the Unified Code of |
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| 1 | | Corrections to have any bachelor's or advanced degree from an | 2 | | accredited college or university or, in the case of persons | 3 | | who provide vocational training, who are required to have | 4 | | adequate knowledge in the skill for which they are providing | 5 | | the vocational training.
On and after June 1, 2023, the | 6 | | bachelor's or advanced degree requirement in Section 3-2.5-15 | 7 | | of the Unified Code of Corrections no longer applies to this | 8 | | Code. | 9 | | (n) A person employed in a position under subsection (b) | 10 | | of this Section who has purchased service credit under | 11 | | subsection (j) of Section 14-104 or subsection (b) of Section | 12 | | 14-105 in any other capacity under this Article may convert up | 13 | | to 5 years of that service credit into service credit covered | 14 | | under this Section by paying to the Fund an amount equal to (1) | 15 | | the additional employee contribution required under Section | 16 | | 14-133, plus (2) the additional employer contribution required | 17 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 18 | | the actuarially assumed rate from the date of the service to | 19 | | the date of payment. | 20 | | (o) Subject to the limitation in subsection (i), a | 21 | | conservation police officer, investigator for the Secretary of | 22 | | State, Commerce Commission police officer, investigator for | 23 | | the Department of Revenue or the
Illinois Gaming Board, or | 24 | | arson investigator subject to subsection (g) of Section 1-160 | 25 | | may elect to convert up to 8 years of service credit | 26 | | established before January 1, 2020 (the effective date of |
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| 1 | | Public Act 101-610) as a conservation police officer, | 2 | | investigator for the Secretary of State, Commerce Commission | 3 | | police officer, investigator for the Department of Revenue or | 4 | | the
Illinois Gaming Board, or arson investigator under this | 5 | | Article into eligible creditable service by filing a written | 6 | | election with the Board no later than one year after January 1, | 7 | | 2020 (the effective date of Public Act 101-610), accompanied | 8 | | by payment of an amount to be determined by the Board equal to | 9 | | (i) the difference between the amount of the employee | 10 | | contributions actually paid for that service and the amount of | 11 | | the employee contributions that would have been paid had the | 12 | | employee contributions been made as a noncovered employee | 13 | | serving in a position in which eligible creditable service, as | 14 | | defined in this Section, may be earned, plus (ii) interest | 15 | | thereon at the effective rate for each year, compounded | 16 | | annually, from the date of service to the date of payment. | 17 | | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | 18 | | 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
| 19 | | (Text of Section from P.A. 102-956) | 20 | | Sec. 14-110. Alternative retirement annuity.
| 21 | | (a) Any member who has withdrawn from service with not | 22 | | less than 20
years of eligible creditable service and has | 23 | | attained age 55, and any
member who has withdrawn from service | 24 | | with not less than 25 years of
eligible creditable service and | 25 | | has attained age 50, regardless of whether
the attainment of |
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| 1 | | either of the specified ages occurs while the member is
still | 2 | | in service, shall be entitled to receive at the option of the | 3 | | member,
in lieu of the regular or minimum retirement annuity, | 4 | | a retirement annuity
computed as follows:
| 5 | | (i) for periods of service as a noncovered employee:
| 6 | | if retirement occurs on or after January 1, 2001, 3% of | 7 | | final
average compensation for each year of creditable | 8 | | service; if retirement occurs
before January 1, 2001, 2 | 9 | | 1/4% of final average compensation for each of the
first | 10 | | 10 years of creditable service, 2 1/2% for each year above | 11 | | 10 years to
and including 20 years of creditable service, | 12 | | and 2 3/4% for each year of
creditable service above 20 | 13 | | years; and
| 14 | | (ii) for periods of eligible creditable service as a | 15 | | covered employee:
if retirement occurs on or after January | 16 | | 1, 2001, 2.5% of final average
compensation for each year | 17 | | of creditable service; if retirement occurs before
January | 18 | | 1, 2001, 1.67% of final average compensation for each of | 19 | | the first
10 years of such service, 1.90% for each of the | 20 | | next 10 years of such service,
2.10% for each year of such | 21 | | service in excess of 20 but not exceeding 30, and
2.30% for | 22 | | each year in excess of 30.
| 23 | | Such annuity shall be subject to a maximum of 75% of final | 24 | | average
compensation if retirement occurs before January 1, | 25 | | 2001 or to a maximum
of 80% of final average compensation if | 26 | | retirement occurs on or after January
1, 2001.
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| 1 | | These rates shall not be applicable to any service | 2 | | performed
by a member as a covered employee which is not | 3 | | eligible creditable service.
Service as a covered employee | 4 | | which is not eligible creditable service
shall be subject to | 5 | | the rates and provisions of Section 14-108.
| 6 | | (b) For the purpose of this Section, "eligible creditable | 7 | | service" means
creditable service resulting from service in | 8 | | one or more of the following
positions:
| 9 | | (1) State policeman;
| 10 | | (2) fire fighter in the fire protection service of a | 11 | | department;
| 12 | | (3) air pilot;
| 13 | | (4) special agent;
| 14 | | (5) investigator for the Secretary of State;
| 15 | | (6) conservation police officer;
| 16 | | (7) investigator for the Department of Revenue or the | 17 | | Illinois Gaming Board;
| 18 | | (8) security employee of the Department of Human | 19 | | Services;
| 20 | | (9) Central Management Services security police | 21 | | officer;
| 22 | | (10) security employee of the Department of | 23 | | Corrections or the Department of Juvenile Justice;
| 24 | | (11) dangerous drugs investigator;
| 25 | | (12) investigator for the Illinois State Police;
| 26 | | (13) investigator for the Office of the Attorney |
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| 1 | | General;
| 2 | | (14) controlled substance inspector;
| 3 | | (15) investigator for the Office of the State's | 4 | | Attorneys Appellate
Prosecutor;
| 5 | | (16) Commerce Commission police officer;
| 6 | | (17) arson investigator;
| 7 | | (18) State highway maintenance worker;
| 8 | | (19) security employee of the Department of Innovation | 9 | | and Technology; or | 10 | | (20) transferred employee. | 11 | | A person employed in one of the positions specified in | 12 | | this subsection is
entitled to eligible creditable service for | 13 | | service credit earned under this
Article while undergoing the | 14 | | basic police training course approved by the
Illinois Law | 15 | | Enforcement Training
Standards Board, if
completion of that | 16 | | training is required of persons serving in that position.
For | 17 | | the purposes of this Code, service during the required basic | 18 | | police
training course shall be deemed performance of the | 19 | | duties of the specified
position, even though the person is | 20 | | not a sworn peace officer at the time of
the training.
| 21 | | A person under paragraph (20) is entitled to eligible | 22 | | creditable service for service credit earned under this | 23 | | Article on and after his or her transfer by Executive Order No. | 24 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 25 | | 2016-1. | 26 | | (c) For the purposes of this Section:
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| 1 | | (1) The term "State policeman" includes any title or | 2 | | position
in the Illinois State Police that is held by an | 3 | | individual employed
under the Illinois State Police Act.
| 4 | | (2) The term "fire fighter in the fire protection | 5 | | service of a
department" includes all officers in such | 6 | | fire protection service
including fire chiefs and | 7 | | assistant fire chiefs.
| 8 | | (3) The term "air pilot" includes any employee whose | 9 | | official job
description on file in the Department of | 10 | | Central Management Services, or
in the department by which | 11 | | he is employed if that department is not covered
by the | 12 | | Personnel Code, states that his principal duty is the | 13 | | operation of
aircraft, and who possesses a pilot's | 14 | | license; however, the change in this
definition made by | 15 | | Public Act 83-842 shall not operate to exclude
any | 16 | | noncovered employee who was an "air pilot" for the | 17 | | purposes of this
Section on January 1, 1984.
| 18 | | (4) The term "special agent" means any person who by | 19 | | reason of
employment by the Division of Narcotic Control, | 20 | | the Bureau of Investigation
or, after July 1, 1977, the | 21 | | Division of Criminal Investigation, the
Division of | 22 | | Internal Investigation, the Division of Operations, the | 23 | | Division of Patrol Operations, or any
other Division or | 24 | | organizational
entity in the Illinois State Police is | 25 | | vested by law with duties to
maintain public order, | 26 | | investigate violations of the criminal law of this
State, |
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| 1 | | enforce the laws of this State, make arrests and recover | 2 | | property.
The term "special agent" includes any title or | 3 | | position in the Illinois State Police that is held by an | 4 | | individual employed under the Illinois State
Police Act.
| 5 | | (5) The term "investigator for the Secretary of State" | 6 | | means any person
employed by the Office of the Secretary | 7 | | of State and vested with such
investigative duties as | 8 | | render him 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.
| 11 | | A person who became employed as an investigator for | 12 | | the Secretary of
State between January 1, 1967 and | 13 | | December 31, 1975, and who has served as
such until | 14 | | attainment of age 60, either continuously or with a single | 15 | | break
in service of not more than 3 years duration, which | 16 | | break terminated before
January 1, 1976, shall be entitled | 17 | | to have his retirement annuity
calculated in accordance | 18 | | with subsection (a), notwithstanding
that he has less than | 19 | | 20 years of credit for such service.
| 20 | | (6) The term "Conservation Police Officer" means any | 21 | | person employed
by the Division of Law Enforcement of the | 22 | | Department of Natural Resources and
vested with such law | 23 | | enforcement duties as render him ineligible for coverage
| 24 | | under the Social Security Act by reason of Sections | 25 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 26 | | term "Conservation Police Officer" includes
the positions |
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| 1 | | of Chief Conservation Police Administrator and Assistant
| 2 | | Conservation Police Administrator.
| 3 | | (7) The term "investigator for the Department of | 4 | | Revenue" means any
person employed by the Department of | 5 | | Revenue and vested with such
investigative duties as | 6 | | render him ineligible for coverage under the Social
| 7 | | Security Act by reason of Sections 218(d)(5)(A), | 8 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 9 | | The term "investigator for the Illinois Gaming Board" | 10 | | means any
person employed as such by the Illinois Gaming | 11 | | Board and vested with such
peace officer duties as render | 12 | | the person ineligible for coverage under the Social
| 13 | | Security Act by reason of Sections 218(d)(5)(A), | 14 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 15 | | (8) The term "security employee of the Department of | 16 | | Human Services"
means any person employed by the | 17 | | Department of Human Services who (i) is
employed at the | 18 | | Chester Mental Health Center and has daily contact with | 19 | | the
residents thereof, (ii) is employed within a security | 20 | | unit at a facility
operated by the Department and has | 21 | | daily contact with the residents of the
security unit, | 22 | | (iii) is employed at a facility operated by the Department
| 23 | | that includes a security unit and is regularly scheduled | 24 | | to work at least
50% of his or her working hours within | 25 | | that security unit, or (iv) is a mental health police | 26 | | officer.
"Mental health police officer" means any person |
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| 1 | | employed by the Department of
Human Services in a position | 2 | | pertaining to the Department's mental health and
| 3 | | developmental disabilities functions who is vested with | 4 | | such law enforcement
duties as render the person | 5 | | ineligible for coverage under the Social Security
Act by | 6 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 7 | | 218(l)(1) of that
Act. "Security unit" means that portion | 8 | | of a facility that is devoted to
the care, containment, | 9 | | and treatment of persons committed to the Department of
| 10 | | Human Services as sexually violent persons, persons unfit | 11 | | to stand trial, or
persons not guilty by reason of | 12 | | insanity. With respect to past employment,
references to | 13 | | the Department of Human Services include its predecessor, | 14 | | the
Department of Mental Health and Developmental | 15 | | Disabilities.
| 16 | | The changes made to this subdivision (c)(8) by Public | 17 | | Act 92-14 apply to persons who retire on or after January | 18 | | 1,
2001, notwithstanding Section 1-103.1.
| 19 | | (9) "Central Management Services security police | 20 | | officer" means any
person employed by the Department of | 21 | | Central Management Services who is
vested with such law | 22 | | enforcement duties as render him ineligible for
coverage | 23 | | under the Social Security Act by reason of Sections | 24 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 25 | | (10) For a member who first became an employee under | 26 | | this Article before July 1, 2005, the term "security |
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| 1 | | employee of the Department of Corrections or the | 2 | | Department of Juvenile Justice"
means any employee of the | 3 | | Department of Corrections or the Department of Juvenile | 4 | | Justice or the former
Department of Personnel, and any | 5 | | member or employee of the Prisoner
Review Board, who has | 6 | | daily contact with inmates or youth by working within a
| 7 | | correctional facility or Juvenile facility operated by the | 8 | | Department of Juvenile Justice or who is a parole officer | 9 | | or an employee who has
direct contact with committed | 10 | | persons in the performance of his or her
job duties. For a | 11 | | member who first becomes an employee under this Article on | 12 | | or after July 1, 2005, the term means an employee of the | 13 | | Department of Corrections or the Department of Juvenile | 14 | | Justice who is any of the following: (i) officially | 15 | | headquartered at a correctional facility or Juvenile | 16 | | facility operated by the Department of Juvenile Justice, | 17 | | (ii) a parole officer, (iii) a member of the apprehension | 18 | | unit, (iv) a member of the intelligence unit, (v) a member | 19 | | of the sort team, or (vi) an investigator.
| 20 | | (11) The term "dangerous drugs investigator" means any | 21 | | person who is
employed as such by the Department of Human | 22 | | Services.
| 23 | | (12) The term "investigator for the Illinois State | 24 | | Police" means
a person employed by the Illinois State | 25 | | Police who is vested under
Section 4 of the Narcotic | 26 | | Control Division Abolition Act with such
law enforcement |
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| 1 | | powers as render him ineligible for coverage under the
| 2 | | Social Security Act by reason of Sections 218(d)(5)(A), | 3 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 4 | | (13) "Investigator for the Office of the Attorney | 5 | | General" means any
person who is employed as such by the | 6 | | Office of the Attorney General and
is vested with such | 7 | | investigative duties as render him ineligible for
coverage | 8 | | under the Social Security Act by reason of Sections | 9 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 10 | | the period before January 1,
1989, the term includes all | 11 | | persons who were employed as investigators by the
Office | 12 | | of the Attorney General, without regard to social security | 13 | | status.
| 14 | | (14) "Controlled substance inspector" means any person | 15 | | who is employed
as such by the Department of Professional | 16 | | Regulation and is vested with such
law enforcement duties | 17 | | as render him ineligible for coverage under the Social
| 18 | | Security Act by reason of Sections 218(d)(5)(A), | 19 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 20 | | "controlled substance inspector" includes the Program
| 21 | | Executive of Enforcement and the Assistant Program | 22 | | Executive of Enforcement.
| 23 | | (15) The term "investigator for the Office of the | 24 | | State's Attorneys
Appellate Prosecutor" means a person | 25 | | employed in that capacity on a full-time basis under the | 26 | | authority of Section 7.06 of the State's Attorneys
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| 1 | | Appellate Prosecutor's Act.
| 2 | | (16) "Commerce Commission police officer" means any | 3 | | person employed
by the Illinois Commerce Commission who is | 4 | | vested with such law
enforcement duties as render him | 5 | | ineligible for coverage under the Social
Security Act by | 6 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 7 | | 218(l)(1) of that Act.
| 8 | | (17) "Arson investigator" means any person who is | 9 | | employed as such by
the Office of the State Fire Marshal | 10 | | and is vested with such law enforcement
duties as render | 11 | | the person ineligible for coverage under the Social | 12 | | Security
Act by reason of Sections 218(d)(5)(A), | 13 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 14 | | employed as an arson
investigator on January 1, 1995 and | 15 | | is no longer in service but not yet
receiving a retirement | 16 | | annuity may convert his or her creditable service for
| 17 | | employment as an arson investigator into eligible | 18 | | creditable service by paying
to the System the difference | 19 | | between the employee contributions actually paid
for that | 20 | | service and the amounts that would have been contributed | 21 | | if the
applicant were contributing at the rate applicable | 22 | | to persons with the same
social security status earning | 23 | | eligible creditable service on the date of
application.
| 24 | | (18) The term "State highway maintenance worker" means | 25 | | a person who is
either of the following:
| 26 | | (i) A person employed on a full-time basis by the |
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| 1 | | Illinois
Department of Transportation in the position | 2 | | of
highway maintainer,
highway maintenance lead | 3 | | worker,
highway maintenance lead/lead worker,
heavy | 4 | | construction equipment operator,
power shovel | 5 | | operator, or
bridge mechanic; and
whose principal | 6 | | responsibility is to perform, on the roadway, the | 7 | | actual
maintenance necessary to keep the highways that | 8 | | form a part of the State
highway system in serviceable | 9 | | condition for vehicular traffic.
| 10 | | (ii) A person employed on a full-time basis by the | 11 | | Illinois
State Toll Highway Authority in the position | 12 | | of
equipment operator/laborer H-4,
equipment | 13 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 14 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 15 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 16 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 17 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 18 | | painter H-4, or
painter H-6; and
whose principal | 19 | | responsibility is to perform, on the roadway, the | 20 | | actual
maintenance necessary to keep the Authority's | 21 | | tollways in serviceable condition
for vehicular | 22 | | traffic.
| 23 | | (19) The term "security employee of the Department of | 24 | | Innovation and Technology" means a person who was a | 25 | | security employee of the Department of Corrections or the | 26 | | Department of Juvenile Justice, was transferred to the |
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| 1 | | Department of Innovation and Technology pursuant to | 2 | | Executive Order 2016-01, and continues to perform similar | 3 | | job functions under that Department. | 4 | | (20) "Transferred employee" means an employee who was | 5 | | transferred to the Department of Central Management | 6 | | Services by Executive Order No. 2003-10 or Executive Order | 7 | | No. 2004-2 or transferred to the Department of Innovation | 8 | | and Technology by Executive Order No. 2016-1, or both, and | 9 | | was entitled to eligible creditable service for services | 10 | | immediately preceding the transfer. | 11 | | (d) A security employee of the Department of Corrections | 12 | | or the Department of Juvenile Justice, a security
employee of | 13 | | the Department of Human Services who is not a mental health | 14 | | police
officer, and a security employee of the Department of | 15 | | Innovation and Technology shall not be eligible for the | 16 | | alternative retirement annuity provided
by this Section unless | 17 | | he or she meets the following minimum age and service
| 18 | | requirements at the time of retirement:
| 19 | | (i) 25 years of eligible creditable service and age | 20 | | 55; or
| 21 | | (ii) beginning January 1, 1987, 25 years of eligible | 22 | | creditable service
and age 54, or 24 years of eligible | 23 | | creditable service and age 55; or
| 24 | | (iii) beginning January 1, 1988, 25 years of eligible | 25 | | creditable service
and age 53, or 23 years of eligible | 26 | | creditable service and age 55; or
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| 1 | | (iv) beginning January 1, 1989, 25 years of eligible | 2 | | creditable service
and age 52, or 22 years of eligible | 3 | | creditable service and age 55; or
| 4 | | (v) beginning January 1, 1990, 25 years of eligible | 5 | | creditable service
and age 51, or 21 years of eligible | 6 | | creditable service and age 55; or
| 7 | | (vi) beginning January 1, 1991, 25 years of eligible | 8 | | creditable service
and age 50, or 20 years of eligible | 9 | | creditable service and age 55.
| 10 | | Persons who have service credit under Article 16 of this | 11 | | Code for service
as a security employee of the Department of | 12 | | Corrections or the Department of Juvenile Justice, or the | 13 | | Department
of Human Services in a position requiring | 14 | | certification as a teacher may
count such service toward | 15 | | establishing their eligibility under the service
requirements | 16 | | of this Section; but such service may be used only for
| 17 | | establishing such eligibility, and not for the purpose of | 18 | | increasing or
calculating any benefit.
| 19 | | (e) If a member enters military service while working in a | 20 | | position in
which eligible creditable service may be earned, | 21 | | and returns to State
service in the same or another such | 22 | | position, and fulfills in all other
respects the conditions | 23 | | prescribed in this Article for credit for military
service, | 24 | | such military service shall be credited as eligible creditable
| 25 | | service for the purposes of the retirement annuity prescribed | 26 | | in this Section.
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| 1 | | (f) For purposes of calculating retirement annuities under | 2 | | this
Section, periods of service rendered after December 31, | 3 | | 1968 and before
October 1, 1975 as a covered employee in the | 4 | | position of special agent,
conservation police officer, mental | 5 | | health police officer, or investigator
for the Secretary of | 6 | | State, shall be deemed to have been service as a
noncovered | 7 | | employee, provided that the employee pays to the System prior | 8 | | to
retirement an amount equal to (1) the difference between | 9 | | the employee
contributions that would have been required for | 10 | | such service as a
noncovered employee, and the amount of | 11 | | employee contributions actually
paid, plus (2) if payment is | 12 | | made after July 31, 1987, regular interest
on the amount | 13 | | specified in item (1) from the date of service to the date
of | 14 | | payment.
| 15 | | For purposes of calculating retirement annuities under | 16 | | this Section,
periods of service rendered after December 31, | 17 | | 1968 and before January 1,
1982 as a covered employee in the | 18 | | position of investigator for the
Department of Revenue shall | 19 | | be deemed to have been service as a noncovered
employee, | 20 | | provided that the employee pays to the System prior to | 21 | | retirement
an amount equal to (1) the difference between the | 22 | | employee contributions
that would have been required for such | 23 | | service as a noncovered employee,
and the amount of employee | 24 | | contributions actually paid, plus (2) if payment
is made after | 25 | | January 1, 1990, regular interest on the amount specified in
| 26 | | item (1) from the date of service to the date of payment.
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| 1 | | (g) A State policeman may elect, not later than January 1, | 2 | | 1990, to
establish eligible creditable service for up to 10 | 3 | | years of his service as
a policeman under Article 3, by filing | 4 | | a written election with the Board,
accompanied by payment of | 5 | | an amount to be determined by the Board, equal to
(i) the | 6 | | difference between the amount of employee and employer
| 7 | | contributions transferred to the System under Section 3-110.5, | 8 | | and the
amounts that would have been contributed had such | 9 | | contributions been made
at the rates applicable to State | 10 | | policemen, plus (ii) interest thereon at
the effective rate | 11 | | for each year, compounded annually, from the date of
service | 12 | | to the date of payment.
| 13 | | Subject to the limitation in subsection (i), a State | 14 | | policeman may elect,
not later than July 1, 1993, to establish | 15 | | eligible creditable service for
up to 10 years of his service | 16 | | as a member of the County Police Department
under Article 9, by | 17 | | filing a written election with the Board, accompanied
by | 18 | | payment of an amount to be determined by the Board, equal to | 19 | | (i) the
difference between the amount of employee and employer | 20 | | contributions
transferred to the System under Section 9-121.10 | 21 | | and the amounts that would
have been contributed had those | 22 | | contributions been made at the rates
applicable to State | 23 | | policemen, plus (ii) interest thereon at the effective
rate | 24 | | for each year, compounded annually, from the date of service | 25 | | to the
date of payment.
| 26 | | (h) Subject to the limitation in subsection (i), a State |
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| 1 | | policeman or
investigator for the Secretary of State may elect | 2 | | to establish eligible
creditable service for up to 12 years of | 3 | | his service as a policeman under
Article 5, by filing a written | 4 | | election with the Board on or before January
31, 1992, and | 5 | | paying to the System by January 31, 1994 an amount to be
| 6 | | determined by the Board, equal to (i) the difference between | 7 | | the amount of
employee and employer contributions transferred | 8 | | to the System under Section
5-236, and the amounts that would | 9 | | have been contributed had such
contributions been made at the | 10 | | rates applicable to State policemen, plus
(ii) interest | 11 | | thereon at the effective rate for each year, compounded
| 12 | | annually, from the date of service to the date of payment.
| 13 | | Subject to the limitation in subsection (i), a State | 14 | | policeman,
conservation police officer, or investigator for | 15 | | the Secretary of State may
elect to establish eligible | 16 | | creditable service for up to 10 years of
service as a sheriff's | 17 | | law enforcement employee under Article 7, by filing
a written | 18 | | election with the Board on or before January 31, 1993, and | 19 | | paying
to the System by January 31, 1994 an amount to be | 20 | | determined by the Board,
equal to (i) the difference between | 21 | | the amount of employee and
employer contributions transferred | 22 | | to the System under Section
7-139.7, and the amounts that | 23 | | would have been contributed had such
contributions been made | 24 | | at the rates applicable to State policemen, plus
(ii) interest | 25 | | thereon at the effective rate for each year, compounded
| 26 | | annually, from the date of service to the date of payment.
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| 1 | | Subject to the limitation in subsection (i), a State | 2 | | policeman,
conservation police officer, or investigator for | 3 | | the Secretary of State may
elect to establish eligible | 4 | | creditable service for up to 5 years of
service as a police | 5 | | officer under Article 3, a policeman under Article 5, a | 6 | | sheriff's law enforcement employee under Article 7, a member | 7 | | of the county police department under Article 9, or a police | 8 | | officer under Article 15 by filing
a written election with the | 9 | | Board and paying
to the System an amount to be determined by | 10 | | the Board,
equal to (i) the difference between the amount of | 11 | | employee and
employer contributions transferred to the System | 12 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 13 | | and the amounts that would have been contributed had such
| 14 | | contributions been made at the rates applicable to State | 15 | | policemen, plus
(ii) interest thereon at the effective rate | 16 | | for each year, compounded
annually, from the date of service | 17 | | to the date of payment. | 18 | | Subject to the limitation in subsection (i), an | 19 | | investigator for the Office of the Attorney General, or an | 20 | | investigator for the Department of Revenue, may elect to | 21 | | establish eligible creditable service for up to 5 years of | 22 | | service as a police officer under Article 3, a policeman under | 23 | | Article 5, a sheriff's law enforcement employee under Article | 24 | | 7, or a member of the county police department under Article 9 | 25 | | by filing a written election with the Board within 6 months | 26 | | after August 25, 2009 (the effective date of Public Act |
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| 1 | | 96-745) and paying to the System an amount to be determined by | 2 | | the Board, equal to (i) the difference between the amount of | 3 | | employee and employer contributions transferred to the System | 4 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 5 | | amounts that would have been contributed had such | 6 | | contributions been made at the rates applicable to State | 7 | | policemen, plus (ii) interest thereon at the actuarially | 8 | | assumed rate for each year, compounded annually, from the date | 9 | | of service to the date of payment. | 10 | | Subject to the limitation in subsection (i), a State | 11 | | policeman, conservation police officer, investigator for the | 12 | | Office of the Attorney General, an investigator for the | 13 | | Department of Revenue, or investigator for the Secretary of | 14 | | State may elect to establish eligible creditable service for | 15 | | up to 5 years of service as a person employed by a | 16 | | participating municipality to perform police duties, or law | 17 | | enforcement officer employed on a full-time basis by a forest | 18 | | preserve district under Article 7, a county corrections | 19 | | officer, or a court services officer under Article 9, by | 20 | | filing a written election with the Board within 6 months after | 21 | | August 25, 2009 (the effective date of Public Act 96-745) and | 22 | | paying to the System an amount to be determined by the Board, | 23 | | equal to (i) the difference between the amount of employee and | 24 | | employer contributions transferred to the System under | 25 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 26 | | been contributed had such contributions been made at the rates |
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| 1 | | applicable to State policemen, plus (ii) interest thereon at | 2 | | the actuarially assumed rate for each year, compounded | 3 | | annually, from the date of service to the date of payment. | 4 | | Subject to the limitation in subsection (i), a State | 5 | | policeman, arson
investigator, or Commerce Commission police | 6 | | officer may elect to establish eligible creditable service for | 7 | | up to 5 years of service as a person employed by a | 8 | | participating municipality to perform police duties under | 9 | | Article 7, a county corrections officer, a court services | 10 | | officer under Article 9, or a firefighter
under Article 4 by | 11 | | filing a written election with the Board within 6 months after | 12 | | July 30, 2021 (the effective date of Public Act 102-210) and | 13 | | paying to the System an amount to be determined by the Board | 14 | | equal to (i) the difference between the amount of employee and | 15 | | employer contributions transferred to the System under | 16 | | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | 17 | | would have been contributed had such contributions been made | 18 | | at the rates applicable to State policemen, plus (ii) interest | 19 | | thereon at the actuarially assumed rate for each year, | 20 | | compounded annually, from the date of service to the date of | 21 | | payment. | 22 | | Subject to the limitation in subsection (i), a | 23 | | conservation police officer may elect to establish eligible | 24 | | creditable service for up to 5 years of service as a person | 25 | | employed by a participating municipality to perform police | 26 | | duties under Article 7, a county corrections officer, or a |
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| 1 | | court services officer under Article 9 by filing a written | 2 | | election with the Board within 6 months after July 30, 2021 | 3 | | (the effective date of Public Act 102-210) and paying to the | 4 | | System an amount to be determined by the Board equal to (i) the | 5 | | difference between the amount of employee and employer | 6 | | contributions transferred to the System under Sections 7-139.8 | 7 | | and 9-121.10 and the amounts that would have been contributed | 8 | | had such contributions been made at the rates applicable to | 9 | | State policemen, plus (ii) interest thereon at the actuarially | 10 | | assumed rate for each year, compounded annually, from the date | 11 | | of service to the date of payment. | 12 | | Notwithstanding the limitation in subsection (i), a State | 13 | | policeman or conservation police officer may elect to convert | 14 | | service credit earned under this Article to eligible | 15 | | creditable service, as defined by this Section, by filing a | 16 | | written election with the board within 6 months after July 30, | 17 | | 2021 (the effective date of Public Act 102-210) and paying to | 18 | | the System an amount to be determined by the Board equal to (i) | 19 | | the difference between the amount of employee contributions | 20 | | originally paid for that service and the amounts that would | 21 | | have been contributed had such contributions been made at the | 22 | | rates applicable to State policemen, plus (ii) the difference | 23 | | between the employer's normal cost of the credit prior to the | 24 | | conversion authorized by Public Act 102-210 and the employer's | 25 | | normal cost of the credit converted in accordance with Public | 26 | | Act 102-210, plus (iii) interest thereon at the actuarially |
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| 1 | | assumed rate for each year, compounded annually, from the date | 2 | | of service to the date of payment. | 3 | | (i) The total amount of eligible creditable service | 4 | | established by any
person under subsections (g), (h), (j), | 5 | | (k), (l), (l-5), (o), and (p) of this
Section shall not exceed | 6 | | 12 years.
| 7 | | (j) Subject to the limitation in subsection (i), an | 8 | | investigator for
the Office of the State's Attorneys Appellate | 9 | | Prosecutor or a controlled
substance inspector may elect to
| 10 | | establish eligible creditable service for up to 10 years of | 11 | | his service as
a policeman under Article 3 or a sheriff's law | 12 | | enforcement employee under
Article 7, by filing a written | 13 | | election with the Board, accompanied by
payment of an amount | 14 | | to be determined by the Board, equal to (1) the
difference | 15 | | between the amount of employee and employer contributions
| 16 | | transferred to the System under Section 3-110.6 or 7-139.8, | 17 | | and the amounts
that would have been contributed had such | 18 | | contributions been made at the
rates applicable to State | 19 | | policemen, plus (2) interest thereon at the
effective rate for | 20 | | each year, compounded annually, from the date of service
to | 21 | | the date of payment.
| 22 | | (k) Subject to the limitation in subsection (i) of this | 23 | | Section, an
alternative formula employee may elect to | 24 | | establish eligible creditable
service for periods spent as a | 25 | | full-time law enforcement officer or full-time
corrections | 26 | | officer employed by the federal government or by a state or |
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| 1 | | local
government located outside of Illinois, for which credit | 2 | | is not held in any
other public employee pension fund or | 3 | | retirement system. To obtain this
credit, the applicant must | 4 | | file a written application with the Board by March
31, 1998, | 5 | | accompanied by evidence of eligibility acceptable to the Board | 6 | | and
payment of an amount to be determined by the Board, equal | 7 | | to (1) employee
contributions for the credit being | 8 | | established, based upon the applicant's
salary on the first | 9 | | day as an alternative formula employee after the employment
| 10 | | for which credit is being established and the rates then | 11 | | applicable to
alternative formula employees, plus (2) an | 12 | | amount determined by the Board
to be the employer's normal | 13 | | cost of the benefits accrued for the credit being
established, | 14 | | plus (3) regular interest on the amounts in items (1) and (2) | 15 | | from
the first day as an alternative formula employee after | 16 | | the employment for which
credit is being established to the | 17 | | date of payment.
| 18 | | (l) Subject to the limitation in subsection (i), a | 19 | | security employee of
the Department of Corrections may elect, | 20 | | not later than July 1, 1998, to
establish eligible creditable | 21 | | service for up to 10 years of his or her service
as a policeman | 22 | | under Article 3, by filing a written election with the Board,
| 23 | | accompanied by payment of an amount to be determined by the | 24 | | Board, equal to
(i) the difference between the amount of | 25 | | employee and employer contributions
transferred to the System | 26 | | under Section 3-110.5, and the amounts that would
have been |
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| 1 | | contributed had such contributions been made at the rates | 2 | | applicable
to security employees of the Department of | 3 | | Corrections, plus (ii) interest
thereon at the effective rate | 4 | | for each year, compounded annually, from the date
of service | 5 | | to the date of payment.
| 6 | | (l-5) Subject to the limitation in subsection (i) of this | 7 | | Section, a State policeman may elect to establish eligible | 8 | | creditable service for up to 5 years of service as a full-time | 9 | | law enforcement officer employed by the federal government or | 10 | | by a state or local government located outside of Illinois for | 11 | | which credit is not held in any other public employee pension | 12 | | fund or retirement system. To obtain this credit, the | 13 | | applicant must file a written application with the Board no | 14 | | later than 3 years after January 1, 2020 (the effective date of | 15 | | Public Act 101-610), accompanied by evidence of eligibility | 16 | | acceptable to the Board and payment of an amount to be | 17 | | determined by the Board, equal to (1) employee contributions | 18 | | for the credit being established, based upon the applicant's | 19 | | salary on the first day as an alternative formula employee | 20 | | after the employment for which credit is being established and | 21 | | the rates then applicable to alternative formula employees, | 22 | | plus (2) an amount determined by the Board to be the employer's | 23 | | normal cost of the benefits accrued for the credit being | 24 | | established, plus (3) regular interest on the amounts in items | 25 | | (1) and (2) from the first day as an alternative formula | 26 | | employee after the employment for which credit is being |
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| 1 | | established to the date of payment. | 2 | | (m) The amendatory changes to this Section made by Public | 3 | | Act 94-696 apply only to: (1) security employees of the | 4 | | Department of Juvenile Justice employed by the Department of | 5 | | Corrections before June 1, 2006 (the effective date of Public | 6 | | Act 94-696) and transferred to the Department of Juvenile | 7 | | Justice by Public Act 94-696; and (2) persons employed by the | 8 | | Department of Juvenile Justice on or after June 1, 2006 (the | 9 | | effective date of Public Act 94-696) who are required by | 10 | | subsection (b) of Section 3-2.5-15 of the Unified Code of | 11 | | Corrections to have any bachelor's or advanced degree from an | 12 | | accredited college or university or, in the case of persons | 13 | | who provide vocational training, who are required to have | 14 | | adequate knowledge in the skill for which they are providing | 15 | | the vocational training.
On and after June 1, 2023, the | 16 | | bachelor's or advanced degree requirement in Section 3-2.5-15 | 17 | | of the Unified Code of Corrections no longer applies to this | 18 | | Code. | 19 | | (n) A person employed in a position under subsection (b) | 20 | | of this Section who has purchased service credit under | 21 | | subsection (j) of Section 14-104 or subsection (b) of Section | 22 | | 14-105 in any other capacity under this Article may convert up | 23 | | to 5 years of that service credit into service credit covered | 24 | | under this Section by paying to the Fund an amount equal to (1) | 25 | | the additional employee contribution required under Section | 26 | | 14-133, plus (2) the additional employer contribution required |
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| 1 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 2 | | the actuarially assumed rate from the date of the service to | 3 | | the date of payment. | 4 | | (o) Subject to the limitation in subsection (i), a | 5 | | conservation police officer, investigator for the Secretary of | 6 | | State, Commerce Commission police officer, investigator for | 7 | | the Department of Revenue or the
Illinois Gaming Board, or | 8 | | arson investigator subject to subsection (g) of Section 1-160 | 9 | | may elect to convert up to 8 years of service credit | 10 | | established before January 1, 2020 (the effective date of | 11 | | Public Act 101-610) as a conservation police officer, | 12 | | investigator for the Secretary of State, Commerce Commission | 13 | | police officer, investigator for the Department of Revenue or | 14 | | the
Illinois Gaming Board, or arson investigator under this | 15 | | Article into eligible creditable service by filing a written | 16 | | election with the Board no later than one year after January 1, | 17 | | 2020 (the effective date of Public Act 101-610), accompanied | 18 | | by payment of an amount to be determined by the Board equal to | 19 | | (i) the difference between the amount of the employee | 20 | | contributions actually paid for that service and the amount of | 21 | | the employee contributions that would have been paid had the | 22 | | employee contributions been made as a noncovered employee | 23 | | serving in a position in which eligible creditable service, as | 24 | | defined in this Section, may be earned, plus (ii) interest | 25 | | thereon at the effective rate for each year, compounded | 26 | | annually, from the date of service to the date of payment. |
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| 1 | | (p) Subject to the limitation in subsection (i), an | 2 | | investigator for the Office of the Attorney General subject to | 3 | | subsection (g) of Section 1-160 may elect to convert up to 8 | 4 | | years of service credit established before the effective date | 5 | | of this amendatory Act of the 102nd General Assembly as an | 6 | | investigator for the Office of the Attorney General under this | 7 | | Article into eligible creditable service by filing a written | 8 | | election with the Board no later than one year after the | 9 | | effective date of this amendatory Act of the 102nd General | 10 | | Assembly, accompanied by payment of an amount to be determined | 11 | | by the Board equal to (i) the difference between the amount of | 12 | | the employee contributions actually paid for that service and | 13 | | the amount of the employee contributions that would have been | 14 | | paid had the employee contributions been made as a noncovered | 15 | | employee serving in a position in which eligible creditable | 16 | | service, as defined in this Section, may be earned, plus (ii) | 17 | | interest thereon at the effective rate for each year, | 18 | | compounded annually, from the date of service to the date of | 19 | | payment. | 20 | | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | 21 | | 102-538, eff. 8-20-21; 102-956, eff. 5-27-22 .)
| 22 | | Section 10. The Unified Code of Corrections is amended by | 23 | | changing Section 3-2.5-15 as follows: | 24 | | (730 ILCS 5/3-2.5-15) |
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| 1 | | Sec. 3-2.5-15. Department of Juvenile Justice; assumption | 2 | | of duties of the Juvenile Division. | 3 | | (a) The Department of Juvenile Justice shall assume the | 4 | | rights, powers, duties, and responsibilities of the Juvenile | 5 | | Division of the Department of Corrections. Personnel, books, | 6 | | records, property, and unencumbered appropriations pertaining | 7 | | to the Juvenile Division of the Department of Corrections | 8 | | shall be transferred to the Department of Juvenile Justice on | 9 | | the effective date of this amendatory Act of the 94th General | 10 | | Assembly. Any rights of employees or the State under the | 11 | | Personnel Code or any other contract or plan shall be | 12 | | unaffected by this transfer. | 13 | | (b) Department of Juvenile Justice personnel who are hired | 14 | | by the Department on or after the effective date of this | 15 | | amendatory Act of the 94th General Assembly and who | 16 | | participate or assist in the rehabilitative and vocational | 17 | | training of delinquent youths, supervise the daily activities | 18 | | involving direct and continuing responsibility for the youth's | 19 | | security, welfare and development, or participate in the | 20 | | personal rehabilitation of delinquent youth by training, | 21 | | supervising, and assisting lower level personnel who perform | 22 | | these duties must : (1) be over the age of 21 and (2) have a | 23 | | high school diploma or equivalent and either (A) a any | 24 | | bachelor's or advanced degree from an accredited college or | 25 | | university or (B) 2 or more years of experience providing
| 26 | | direct care to youth in the form of residential care,
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| 1 | | coaching, case management, or mentoring . This requirement | 2 | | shall not apply to security, clerical, food service, and | 3 | | maintenance staff that do not have direct and regular contact | 4 | | with youth. The degree requirements specified in this | 5 | | subsection (b) are not required of persons who provide | 6 | | vocational training and who have adequate knowledge in the | 7 | | skill for which they are providing the vocational training. | 8 | | (c) Subsection (b) of this Section does not apply to | 9 | | personnel transferred to the Department of Juvenile Justice on | 10 | | the effective date of this amendatory Act of the 94th General | 11 | | Assembly. | 12 | | (d) The Department shall be under the direction of the | 13 | | Director of Juvenile Justice as provided in this Code. | 14 | | (e) The Director shall organize divisions within the | 15 | | Department and shall assign functions, powers, duties, and | 16 | | personnel as required by law. The Director may create other | 17 | | divisions and may assign other functions, powers, duties, and | 18 | | personnel as may be necessary or desirable to carry out the | 19 | | functions and responsibilities vested by law in the | 20 | | Department. The Director may, with the approval of the Office | 21 | | of the Governor, assign to and share functions, powers, | 22 | | duties, and personnel with other State agencies such that | 23 | | administrative services and administrative facilities are | 24 | | provided by a shared administrative service center. Where | 25 | | possible, shared services which impact youth should be done | 26 | | with child-serving agencies. These administrative services may |
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| 1 | | include, but are not limited to, all of the following | 2 | | functions: budgeting, accounting related functions, auditing, | 3 | | human resources, legal, procurement, training, data collection | 4 | | and analysis, information technology, internal investigations, | 5 | | intelligence, legislative services, emergency response | 6 | | capability, statewide transportation services, and general | 7 | | office support. | 8 | | (f) The Department of Juvenile Justice may enter into | 9 | | intergovernmental cooperation agreements under which minors | 10 | | adjudicated delinquent and committed to the Department of | 11 | | Juvenile Justice may participate in county juvenile impact | 12 | | incarceration programs established under Section 3-6039 of the | 13 | | Counties Code.
| 14 | | (g) The Department of Juvenile Justice must comply with | 15 | | the ethnic and racial background data collection procedures | 16 | | provided in Section 4.5 of the Criminal Identification Act. | 17 | | (h) The Department of Juvenile Justice shall implement a | 18 | | wellness program to support health and wellbeing among staff | 19 | | and service providers within the Department of Juvenile | 20 | | Justice environment. The Department of Juvenile Justice shall | 21 | | establish response teams to provide support to employees and | 22 | | staff affected by events that are both duty-related and not | 23 | | duty-related and provide training to response team members. | 24 | | The Department's wellness program shall be accessible to any | 25 | | Department employee or service provider, including contractual | 26 | | employees and approved volunteers. The wellness program may |
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| 1 | | include information sharing, education and activities designed | 2 | | to support health and well-being within the Department's | 3 | | environment. Access to
wellness response team support shall be | 4 | | voluntary and remain confidential. | 5 | | (Source: P.A. 102-616, eff. 1-1-22 .)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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