Full Text of HB5261 103rd General Assembly
HB5261eng 103RD GENERAL ASSEMBLY | | | HB5261 Engrossed | | LRB103 38573 RPS 68709 b |
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| 1 | | AN ACT concerning public employee benefits. | 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 Sections 14-110 and 14-152.1 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 and 103-34) | 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 | 9 | | (a) Any member who has withdrawn from service with not | 10 | | less than 20 years of eligible creditable service and has | 11 | | attained age 55, and any member who has withdrawn from service | 12 | | with not less than 25 years of eligible creditable service and | 13 | | has attained age 50, regardless of whether the attainment of | 14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, 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, sign | 20 | | hanger, sign hanger foreman, heavy construction | 21 | | equipment operator, power shovel operator, or bridge | 22 | | mechanic; and whose principal responsibility is to | 23 | | perform, on the roadway, the actual maintenance | 24 | | necessary to keep the highways that form a part of the | 25 | | State highway system in serviceable condition for | 26 | | vehicular traffic. |
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| 1 | | (ii) A person employed on a full-time basis by the | 2 | | Illinois State Toll Highway Authority in the position | 3 | | of equipment operator/laborer H-4, equipment | 4 | | operator/laborer H-6, welder H-4, welder H-6, | 5 | | mechanical/electrical H-4, mechanical/electrical H-6, | 6 | | water/sewer H-4, water/sewer H-6, sign maker/hanger | 7 | | H-4, sign maker/hanger H-6, roadway lighting H-4, | 8 | | roadway lighting H-6, structural H-4, structural H-6, | 9 | | painter H-4, or painter H-6; and whose principal | 10 | | responsibility is to perform, on the roadway, the | 11 | | actual maintenance necessary to keep the Authority's | 12 | | tollways in serviceable condition for vehicular | 13 | | traffic. | 14 | | The changes to this item (18) made by this amendatory | 15 | | Act of the 103rd General Assembly apply without regard to | 16 | | whether the member was in service on or after its | 17 | | effective date, but do not entitle any person to | 18 | | recalculation of any pension or other benefit already | 19 | | granted. | 20 | | (19) The term "security employee of the Department of | 21 | | Innovation and Technology" means a person who was a | 22 | | security employee of the Department of Corrections or the | 23 | | Department of Juvenile Justice, was transferred to the | 24 | | Department of Innovation and Technology pursuant to | 25 | | Executive Order 2016-01, and continues to perform similar | 26 | | job functions under that Department. |
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| 1 | | (20) "Transferred employee" means an employee who was | 2 | | transferred to the Department of Central Management | 3 | | Services by Executive Order No. 2003-10 or Executive Order | 4 | | No. 2004-2 or transferred to the Department of Innovation | 5 | | and Technology by Executive Order No. 2016-1, or both, and | 6 | | was entitled to eligible creditable service for services | 7 | | immediately preceding the transfer. | 8 | | (d) A security employee of the Department of Corrections | 9 | | or the Department of Juvenile Justice, a security employee of | 10 | | the Department of Human Services who is not a mental health | 11 | | police officer, and a security employee of the Department of | 12 | | Innovation and Technology shall not be eligible for the | 13 | | alternative retirement annuity provided by this Section unless | 14 | | he or she meets the following minimum age and service | 15 | | requirements at the time of retirement: | 16 | | (i) 25 years of eligible creditable service and age | 17 | | 55; or | 18 | | (ii) beginning January 1, 1987, 25 years of eligible | 19 | | creditable service and age 54, or 24 years of eligible | 20 | | creditable service and age 55; or | 21 | | (iii) beginning January 1, 1988, 25 years of eligible | 22 | | creditable service and age 53, or 23 years of eligible | 23 | | creditable service and age 55; or | 24 | | (iv) beginning January 1, 1989, 25 years of eligible | 25 | | creditable service and age 52, or 22 years of eligible | 26 | | creditable service and age 55; or |
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| 1 | | (v) beginning January 1, 1990, 25 years of eligible | 2 | | creditable service and age 51, or 21 years of eligible | 3 | | creditable service and age 55; or | 4 | | (vi) beginning January 1, 1991, 25 years of eligible | 5 | | creditable service and age 50, or 20 years of eligible | 6 | | creditable service and age 55. | 7 | | Persons who have service credit under Article 16 of this | 8 | | Code for service as a security employee of the Department of | 9 | | Corrections or the Department of Juvenile Justice, or the | 10 | | Department of Human Services in a position requiring | 11 | | certification as a teacher may count such service toward | 12 | | establishing their eligibility under the service requirements | 13 | | of this Section; but such service may be used only for | 14 | | establishing such eligibility, and not for the purpose of | 15 | | increasing or calculating any benefit. | 16 | | (e) If a member enters military service while working in a | 17 | | position in which eligible creditable service may be earned, | 18 | | and returns to State service in the same or another such | 19 | | position, and fulfills in all other respects the conditions | 20 | | prescribed in this Article for credit for military service, | 21 | | such military service shall be credited as eligible creditable | 22 | | service for the purposes of the retirement annuity prescribed | 23 | | in this Section. | 24 | | (f) For purposes of calculating retirement annuities under | 25 | | this Section, periods of service rendered after December 31, | 26 | | 1968 and before October 1, 1975 as a covered employee in the |
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| 1 | | position of special agent, conservation police officer, mental | 2 | | health police officer, or investigator for the Secretary of | 3 | | State, shall be deemed to have been service as a noncovered | 4 | | employee, provided that the employee pays to the System prior | 5 | | to retirement an amount equal to (1) the difference between | 6 | | the employee contributions that would have been required for | 7 | | such service as a noncovered employee, and the amount of | 8 | | employee contributions actually paid, plus (2) if payment is | 9 | | made after July 31, 1987, regular interest on the amount | 10 | | specified in item (1) from the date of service to the date of | 11 | | payment. | 12 | | For purposes of calculating retirement annuities under | 13 | | this Section, periods of service rendered after December 31, | 14 | | 1968 and before January 1, 1982 as a covered employee in the | 15 | | position of investigator for the Department of Revenue shall | 16 | | be deemed to have been service as a noncovered employee, | 17 | | provided that the employee pays to the System prior to | 18 | | retirement an amount equal to (1) the difference between the | 19 | | employee contributions that would have been required for such | 20 | | service as a noncovered employee, and the amount of employee | 21 | | contributions actually paid, plus (2) if payment is made after | 22 | | January 1, 1990, regular interest on the amount specified in | 23 | | item (1) from the date of service to the date of payment. | 24 | | (g) A State policeman may elect, not later than January 1, | 25 | | 1990, to establish eligible creditable service for up to 10 | 26 | | years of his service as a policeman under Article 3, by filing |
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| 1 | | a written election with the Board, accompanied by payment of | 2 | | an amount to be determined by the Board, equal to (i) the | 3 | | difference between the amount of employee and employer | 4 | | contributions transferred to the System under Section 3-110.5, | 5 | | and the 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 effective rate | 8 | | for each year, compounded annually, from the date of service | 9 | | to the date of payment. | 10 | | Subject to the limitation in subsection (i), a State | 11 | | policeman may elect, not later than July 1, 1993, to establish | 12 | | eligible creditable service for up to 10 years of his service | 13 | | as a member of the County Police Department under Article 9, by | 14 | | filing a written election with the Board, accompanied by | 15 | | payment of an amount to be determined by the Board, equal to | 16 | | (i) the difference between the amount of employee and employer | 17 | | contributions transferred to the System under Section 9-121.10 | 18 | | and the amounts that would have been contributed had those | 19 | | contributions been made at the rates applicable to State | 20 | | policemen, plus (ii) interest thereon at the effective rate | 21 | | for each year, compounded annually, from the date of service | 22 | | to the date of payment. | 23 | | (h) Subject to the limitation in subsection (i), a State | 24 | | policeman or investigator for the Secretary of State may elect | 25 | | to establish eligible creditable service for up to 12 years of | 26 | | his service as a policeman under Article 5, by filing a written |
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| 1 | | election with the Board on or before January 31, 1992, and | 2 | | paying to the System by January 31, 1994 an amount to be | 3 | | determined by the Board, equal to (i) the difference between | 4 | | the amount of employee and employer contributions transferred | 5 | | to the System under Section 5-236, and the amounts that would | 6 | | have been contributed had such contributions been made at the | 7 | | rates applicable to State policemen, plus (ii) interest | 8 | | thereon at the effective rate for each year, compounded | 9 | | annually, from the date of service to the date of payment. | 10 | | Subject to the limitation in subsection (i), a State | 11 | | policeman, conservation police officer, or investigator for | 12 | | the Secretary of State may elect to establish eligible | 13 | | creditable service for up to 10 years of service as a sheriff's | 14 | | law enforcement employee under Article 7, by filing a written | 15 | | election with the Board on or before January 31, 1993, and | 16 | | paying to the System by January 31, 1994 an amount to be | 17 | | determined by the Board, equal to (i) the difference between | 18 | | the amount of employee and employer contributions transferred | 19 | | to the System under Section 7-139.7, and the amounts that | 20 | | would have been contributed had such contributions been made | 21 | | at the rates applicable to State policemen, plus (ii) interest | 22 | | thereon at the effective rate for each year, compounded | 23 | | annually, from the date of service to the date of payment. | 24 | | Subject to the limitation in subsection (i), a State | 25 | | policeman, conservation police officer, or investigator for | 26 | | the Secretary of State may elect to establish eligible |
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| 1 | | creditable service for up to 5 years of service as a police | 2 | | officer under Article 3, a policeman under Article 5, a | 3 | | sheriff's law enforcement employee under Article 7, a member | 4 | | of the county police department under Article 9, or a police | 5 | | officer under Article 15 by filing a written election with the | 6 | | Board and paying to the System an amount to be determined by | 7 | | the Board, equal to (i) the difference between the amount of | 8 | | employee and employer contributions transferred to the System | 9 | | under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 10 | | and the amounts that would have been contributed had such | 11 | | contributions been made at the rates applicable to State | 12 | | policemen, plus (ii) interest thereon at the effective rate | 13 | | for each year, compounded annually, from the date of service | 14 | | to the date of payment. | 15 | | Subject to the limitation in subsection (i), an | 16 | | investigator for the Office of the Attorney General, or an | 17 | | investigator for the Department of Revenue, may elect to | 18 | | establish eligible creditable service for up to 5 years of | 19 | | service as a police officer under Article 3, a policeman under | 20 | | Article 5, a sheriff's law enforcement employee under Article | 21 | | 7, or a member of the county police department under Article 9 | 22 | | by filing a written election with the Board within 6 months | 23 | | after August 25, 2009 (the effective date of Public Act | 24 | | 96-745) and paying to the System an amount to be determined by | 25 | | the Board, equal to (i) the difference between the amount of | 26 | | employee and employer contributions transferred to the System |
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| 1 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 2 | | amounts that would have been contributed had such | 3 | | contributions been made at the rates applicable to State | 4 | | policemen, plus (ii) interest thereon at the actuarially | 5 | | assumed rate for each year, compounded annually, from the date | 6 | | of service to the date of payment. | 7 | | Subject to the limitation in subsection (i), a State | 8 | | policeman, conservation police officer, investigator for the | 9 | | Office of the Attorney General, an investigator for the | 10 | | Department of Revenue, or investigator for the Secretary of | 11 | | State may elect to establish eligible creditable service for | 12 | | up to 5 years of service as a person employed by a | 13 | | participating municipality to perform police duties, or law | 14 | | enforcement officer employed on a full-time basis by a forest | 15 | | preserve district under Article 7, a county corrections | 16 | | officer, or a court services officer under Article 9, by | 17 | | filing a written election with the Board within 6 months after | 18 | | August 25, 2009 (the effective date of Public Act 96-745) and | 19 | | paying to the System an amount to be determined by the Board, | 20 | | equal to (i) the difference between the amount of employee and | 21 | | employer contributions transferred to the System under | 22 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 23 | | been contributed had such contributions been made at the rates | 24 | | applicable to State policemen, plus (ii) interest thereon at | 25 | | the actuarially assumed 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, arson investigator, or Commerce Commission police | 3 | | officer may elect to establish eligible creditable service for | 4 | | up to 5 years of service as a person employed by a | 5 | | participating municipality to perform police duties under | 6 | | Article 7, a county corrections officer, a court services | 7 | | officer under Article 9, or a firefighter under Article 4 by | 8 | | filing a written election with the Board within 6 months after | 9 | | July 30, 2021 (the effective date of Public Act 102-210) and | 10 | | paying to the System an amount to be determined by the Board | 11 | | equal to (i) the difference between the amount of employee and | 12 | | employer contributions transferred to the System under | 13 | | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | 14 | | would have been contributed had such contributions been made | 15 | | at the rates applicable to State policemen, plus (ii) interest | 16 | | thereon at the actuarially assumed rate for each year, | 17 | | compounded annually, from the date of service to the date of | 18 | | payment. | 19 | | Subject to the limitation in subsection (i), a | 20 | | conservation police officer may elect to establish eligible | 21 | | creditable service for up to 5 years of service as a person | 22 | | employed by a participating municipality to perform police | 23 | | duties under Article 7, a county corrections officer, or a | 24 | | court services officer under Article 9 by filing a written | 25 | | election with the Board within 6 months after July 30, 2021 | 26 | | (the effective date of Public Act 102-210) and paying to the |
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| 1 | | System an amount to be determined by the Board equal to (i) the | 2 | | difference between the amount of employee and employer | 3 | | contributions transferred to the System under Sections 7-139.8 | 4 | | and 9-121.10 and the amounts that would have been contributed | 5 | | had such contributions been made at the rates applicable to | 6 | | State policemen, plus (ii) interest thereon at the actuarially | 7 | | assumed rate for each year, compounded annually, from the date | 8 | | of service to the date of payment. | 9 | | Notwithstanding the limitation in subsection (i), a State | 10 | | policeman or conservation police officer may elect to convert | 11 | | service credit earned under this Article to eligible | 12 | | creditable service, as defined by this Section, by filing a | 13 | | written election with the board within 6 months after July 30, | 14 | | 2021 (the effective date of Public Act 102-210) and paying to | 15 | | the System an amount to be determined by the Board equal to (i) | 16 | | the difference between the amount of employee contributions | 17 | | originally paid for that service and the amounts that would | 18 | | have been contributed had such contributions been made at the | 19 | | rates applicable to State policemen, plus (ii) the difference | 20 | | between the employer's normal cost of the credit prior to the | 21 | | conversion authorized by Public Act 102-210 and the employer's | 22 | | normal cost of the credit converted in accordance with Public | 23 | | Act 102-210, plus (iii) 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 | | (i) The total amount of eligible creditable service |
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| 1 | | established by any person under subsections (g), (h), (j), | 2 | | (k), (l), (l-5), and (o) of this Section shall not exceed 12 | 3 | | years. | 4 | | (j) Subject to the limitation in subsection (i), an | 5 | | investigator for the Office of the State's Attorneys Appellate | 6 | | Prosecutor or a controlled substance inspector may elect to | 7 | | establish eligible creditable service for up to 10 years of | 8 | | his service as a policeman under Article 3 or a sheriff's law | 9 | | enforcement employee under Article 7, by filing a written | 10 | | election with the Board, accompanied by payment of an amount | 11 | | to be determined by the Board, equal to (1) the difference | 12 | | between the amount of employee and employer contributions | 13 | | transferred to the System under Section 3-110.6 or 7-139.8, | 14 | | and the amounts that would have been contributed had such | 15 | | contributions been made at the rates applicable to State | 16 | | policemen, plus (2) interest thereon at the effective rate for | 17 | | each year, compounded annually, from the date of service to | 18 | | the date of payment. | 19 | | (k) Subject to the limitation in subsection (i) of this | 20 | | Section, an alternative formula employee may elect to | 21 | | establish eligible creditable service for periods spent as a | 22 | | full-time law enforcement officer or full-time corrections | 23 | | officer employed by the federal government or by a state or | 24 | | local government located outside of Illinois, for which credit | 25 | | is not held in any other public employee pension fund or | 26 | | retirement system. To obtain this credit, the applicant must |
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| 1 | | file a written application with the Board by March 31, 1998, | 2 | | accompanied by evidence of eligibility acceptable to the Board | 3 | | and payment of an amount to be determined by the Board, equal | 4 | | to (1) employee contributions for the credit being | 5 | | established, based upon the applicant's salary on the first | 6 | | day as an alternative formula employee after the employment | 7 | | for which credit is being established and the rates then | 8 | | applicable to alternative formula employees, plus (2) an | 9 | | amount determined by the Board to be the employer's normal | 10 | | cost of the benefits accrued for the credit being established, | 11 | | plus (3) regular interest on the amounts in items (1) and (2) | 12 | | from the first day as an alternative formula employee after | 13 | | the employment for which credit is being established to the | 14 | | date of payment. | 15 | | (l) Subject to the limitation in subsection (i), a | 16 | | security employee of the Department of Corrections may elect, | 17 | | not later than July 1, 1998, to establish eligible creditable | 18 | | service for up to 10 years of his or her service as a policeman | 19 | | under Article 3, by filing a written election with the Board, | 20 | | accompanied by payment of an amount to be determined by the | 21 | | Board, equal to (i) the difference between the amount of | 22 | | employee and employer contributions transferred to the System | 23 | | under Section 3-110.5, and the amounts that would have been | 24 | | contributed had such contributions been made at the rates | 25 | | applicable to security employees of the Department of | 26 | | Corrections, 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 | | (l-5) Subject to the limitation in subsection (i) of this | 4 | | Section, a State policeman may elect to establish eligible | 5 | | creditable service for up to 5 years of service as a full-time | 6 | | law enforcement officer employed by the federal government or | 7 | | by a state or local government located outside of Illinois for | 8 | | which credit is not held in any other public employee pension | 9 | | fund or retirement system. To obtain this credit, the | 10 | | applicant must file a written application with the Board no | 11 | | later than 3 years after January 1, 2020 (the effective date of | 12 | | Public Act 101-610), accompanied by evidence of eligibility | 13 | | acceptable to the Board and payment of an amount to be | 14 | | determined by the Board, equal to (1) employee contributions | 15 | | for the credit being established, based upon the applicant's | 16 | | salary on the first day as an alternative formula employee | 17 | | after the employment for which credit is being established and | 18 | | the rates then applicable to alternative formula employees, | 19 | | plus (2) an amount determined by the Board to be the employer's | 20 | | normal cost of the benefits accrued for the credit being | 21 | | established, plus (3) regular interest on the amounts in items | 22 | | (1) and (2) from the first day as an alternative formula | 23 | | employee after the employment for which credit is being | 24 | | established to the date of payment. | 25 | | (m) The amendatory changes to this Section made by Public | 26 | | Act 94-696 apply only to: (1) security employees of the |
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| 1 | | Department of Juvenile Justice employed by the Department of | 2 | | Corrections before June 1, 2006 (the effective date of Public | 3 | | Act 94-696) and transferred to the Department of Juvenile | 4 | | Justice by Public Act 94-696; and (2) persons employed by the | 5 | | Department of Juvenile Justice on or after June 1, 2006 (the | 6 | | effective date of Public Act 94-696) who are required by | 7 | | subsection (b) of Section 3-2.5-15 of the Unified Code of | 8 | | Corrections to have any bachelor's or advanced degree from an | 9 | | accredited college or university or, in the case of persons | 10 | | who provide vocational training, who are required to have | 11 | | adequate knowledge in the skill for which they are providing | 12 | | the vocational training. | 13 | | (n) A person employed in a position under subsection (b) | 14 | | of this Section who has purchased service credit under | 15 | | subsection (j) of Section 14-104 or subsection (b) of Section | 16 | | 14-105 in any other capacity under this Article may convert up | 17 | | to 5 years of that service credit into service credit covered | 18 | | under this Section by paying to the Fund an amount equal to (1) | 19 | | the additional employee contribution required under Section | 20 | | 14-133, plus (2) the additional employer contribution required | 21 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 22 | | the actuarially assumed rate from the date of the service to | 23 | | the date of payment. | 24 | | (o) Subject to the limitation in subsection (i), a | 25 | | conservation police officer, investigator for the Secretary of | 26 | | State, Commerce Commission police officer, investigator for |
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| 1 | | the Department of Revenue or the Illinois Gaming Board, or | 2 | | arson investigator subject to subsection (g) of Section 1-160 | 3 | | may elect to convert up to 8 years of service credit | 4 | | established before January 1, 2020 (the effective date of | 5 | | Public Act 101-610) as a conservation police officer, | 6 | | investigator for the Secretary of State, Commerce Commission | 7 | | police officer, investigator for the Department of Revenue or | 8 | | the Illinois Gaming Board, or arson investigator under this | 9 | | Article into eligible creditable service by filing a written | 10 | | election with the Board no later than one year after January 1, | 11 | | 2020 (the effective date of Public Act 101-610), accompanied | 12 | | by payment of an amount to be determined by the Board equal to | 13 | | (i) the difference between the amount of the employee | 14 | | contributions actually paid for that service and the amount of | 15 | | the employee contributions that would have been paid had the | 16 | | employee contributions been made as a noncovered employee | 17 | | serving in a position in which eligible creditable service, as | 18 | | defined in this Section, may be earned, plus (ii) interest | 19 | | thereon at the effective rate for each year, compounded | 20 | | annually, from the date of service to the date of payment. | 21 | | (q) A person who is employed on a full-time basis by the | 22 | | Illinois Department of Transportation in the position of sign | 23 | | hanger or sign hanger foreman may elect to convert service | 24 | | credit earned under this Article to eligible creditable | 25 | | service by filing a written election with the Board and paying | 26 | | to the System an amount to be determined by the Board equal to |
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| 1 | | (i) the difference between the amount of employee | 2 | | contributions originally paid for that service and the amounts | 3 | | that would have been contributed had such contributions been | 4 | | made at the rates applicable to State highway maintenance | 5 | | workers, plus (ii) the difference between the employer's | 6 | | normal cost of the credit prior to the conversion authorized | 7 | | by this amendatory Act of the 103rd General Assembly and the | 8 | | employer's normal cost of the credit converted in accordance | 9 | | with this amendatory Act of the 103rd General Assembly, plus | 10 | | (iii) interest thereon at the actuarially assumed rate for | 11 | | each year, compounded annually, from the date of service to | 12 | | the date of payment. | 13 | | (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21; | 14 | | 102-813, eff. 5-13-22; 103-34, eff. 1-1-24 .) | 15 | | (Text of Section from P.A. 102-856 and 103-34) | 16 | | Sec. 14-110. Alternative retirement annuity. | 17 | | (a) Any member who has withdrawn from service with not | 18 | | less than 20 years of eligible creditable service and has | 19 | | attained age 55, and any member who has withdrawn from service | 20 | | with not less than 25 years of eligible creditable service and | 21 | | has attained age 50, regardless of whether the attainment of | 22 | | either of the specified ages occurs while the member is still | 23 | | in service, shall be entitled to receive at the option of the | 24 | | member, in lieu of the regular or minimum retirement annuity, | 25 | | a retirement annuity computed as follows: |
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| 1 | | (i) for periods of service as a noncovered employee: | 2 | | if retirement occurs on or after January 1, 2001, 3% of | 3 | | final average compensation for each year of creditable | 4 | | service; if retirement occurs before January 1, 2001, 2 | 5 | | 1/4% of final average compensation for each of the first | 6 | | 10 years of creditable service, 2 1/2% for each year above | 7 | | 10 years to and including 20 years of creditable service, | 8 | | and 2 3/4% for each year of creditable service above 20 | 9 | | years; and | 10 | | (ii) for periods of eligible creditable service as a | 11 | | covered employee: if retirement occurs on or after January | 12 | | 1, 2001, 2.5% of final average compensation for each year | 13 | | of creditable service; if retirement occurs before January | 14 | | 1, 2001, 1.67% of final average compensation for each of | 15 | | the first 10 years of such service, 1.90% for each of the | 16 | | next 10 years of such service, 2.10% for each year of such | 17 | | service in excess of 20 but not exceeding 30, and 2.30% for | 18 | | each year in excess of 30. | 19 | | Such annuity shall be subject to a maximum of 75% of final | 20 | | average compensation if retirement occurs before January 1, | 21 | | 2001 or to a maximum of 80% of final average compensation if | 22 | | retirement occurs on or after January 1, 2001. | 23 | | These rates shall not be applicable to any service | 24 | | performed by a member as a covered employee which is not | 25 | | eligible creditable service. Service as a covered employee | 26 | | which is not eligible creditable service shall be subject to |
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| 1 | | the rates and provisions of Section 14-108. | 2 | | (b) For the purpose of this Section, "eligible creditable | 3 | | service" means creditable service resulting from service in | 4 | | one or more of the following positions: | 5 | | (1) State policeman; | 6 | | (2) fire fighter in the fire protection service of a | 7 | | department; | 8 | | (3) air pilot; | 9 | | (4) special agent; | 10 | | (5) investigator for the Secretary of State; | 11 | | (6) conservation police officer; | 12 | | (7) investigator for the Department of Revenue or the | 13 | | Illinois Gaming Board; | 14 | | (8) security employee of the Department of Human | 15 | | Services; | 16 | | (9) Central Management Services security police | 17 | | officer; | 18 | | (10) security employee of the Department of | 19 | | Corrections or the Department of Juvenile Justice; | 20 | | (11) dangerous drugs investigator; | 21 | | (12) investigator for the Illinois State Police; | 22 | | (13) investigator for the Office of the Attorney | 23 | | General; | 24 | | (14) controlled substance inspector; | 25 | | (15) investigator for the Office of the State's | 26 | | Attorneys Appellate Prosecutor; |
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| 1 | | (16) Commerce Commission police officer; | 2 | | (17) arson investigator; | 3 | | (18) State highway maintenance worker; | 4 | | (19) security employee of the Department of Innovation | 5 | | and Technology; or | 6 | | (20) transferred employee. | 7 | | A person employed in one of the positions specified in | 8 | | this subsection is entitled to eligible creditable service for | 9 | | service credit earned under this Article while undergoing the | 10 | | basic police training course approved by the Illinois Law | 11 | | Enforcement Training Standards Board, if completion of that | 12 | | training is required of persons serving in that position. For | 13 | | the purposes of this Code, service during the required basic | 14 | | police training course shall be deemed performance of the | 15 | | duties of the specified position, even though the person is | 16 | | not a sworn peace officer at the time of the training. | 17 | | A person under paragraph (20) is entitled to eligible | 18 | | creditable service for service credit earned under this | 19 | | Article on and after his or her transfer by Executive Order No. | 20 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 21 | | 2016-1. | 22 | | (c) For the purposes of this Section: | 23 | | (1) The term "State policeman" includes any title or | 24 | | position in the Illinois State Police that is held by an | 25 | | individual employed under the Illinois State Police Act. | 26 | | (2) The term "fire fighter in the fire protection |
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| 1 | | service of a department" includes all officers in such | 2 | | fire protection service including fire chiefs and | 3 | | assistant fire chiefs. | 4 | | (3) The term "air pilot" includes any employee whose | 5 | | official job description on file in the Department of | 6 | | Central Management Services, or in the department by which | 7 | | he is employed if that department is not covered by the | 8 | | Personnel Code, states that his principal duty is the | 9 | | operation of aircraft, and who possesses a pilot's | 10 | | license; however, the change in this definition made by | 11 | | Public Act 83-842 shall not operate to exclude any | 12 | | noncovered employee who was an "air pilot" for the | 13 | | purposes of this Section on January 1, 1984. | 14 | | (4) The term "special agent" means any person who by | 15 | | reason of employment by the Division of Narcotic Control, | 16 | | the Bureau of Investigation or, after July 1, 1977, the | 17 | | Division of Criminal Investigation, the Division of | 18 | | Internal Investigation, the Division of Operations, the | 19 | | Division of Patrol, or any other Division or | 20 | | organizational entity in the Illinois State Police is | 21 | | vested by law with duties to maintain public order, | 22 | | investigate violations of the criminal law of this State, | 23 | | enforce the laws of this State, make arrests and recover | 24 | | property. The term "special agent" includes any title or | 25 | | position in the Illinois State Police that is held by an | 26 | | individual employed under the Illinois State Police Act. |
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| 1 | | (5) The term "investigator for the Secretary of State" | 2 | | means any person employed by the Office of the Secretary | 3 | | of State and vested with such investigative duties as | 4 | | render him ineligible for coverage under the Social | 5 | | Security Act by reason of Sections 218(d)(5)(A), | 6 | | 218(d)(8)(D) and 218(l)(1) of that Act. | 7 | | A person who became employed as an investigator for | 8 | | the Secretary of State between January 1, 1967 and | 9 | | December 31, 1975, and who has served as such until | 10 | | attainment of age 60, either continuously or with a single | 11 | | break in service of not more than 3 years duration, which | 12 | | break terminated before January 1, 1976, shall be entitled | 13 | | to have his retirement annuity calculated in accordance | 14 | | with subsection (a), notwithstanding that he has less than | 15 | | 20 years of credit for such service. | 16 | | (6) The term "Conservation Police Officer" means any | 17 | | person employed by the Division of Law Enforcement of the | 18 | | Department of Natural Resources and vested with such law | 19 | | enforcement duties as render him ineligible for coverage | 20 | | under the Social Security Act by reason of Sections | 21 | | 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The | 22 | | term "Conservation Police Officer" includes the positions | 23 | | of Chief Conservation Police Administrator and Assistant | 24 | | Conservation Police Administrator. | 25 | | (7) The term "investigator for the Department of | 26 | | Revenue" means any person employed by the Department of |
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| 1 | | Revenue and vested with such investigative duties as | 2 | | render him 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 | | The term "investigator for the Illinois Gaming Board" | 6 | | means any person employed as such by the Illinois Gaming | 7 | | Board and vested with such peace officer duties as render | 8 | | the person ineligible for coverage under the Social | 9 | | Security Act by reason of Sections 218(d)(5)(A), | 10 | | 218(d)(8)(D), and 218(l)(1) of that Act. | 11 | | (8) The term "security employee of the Department of | 12 | | Human Services" means any person employed by the | 13 | | Department of Human Services who (i) is employed at the | 14 | | Chester Mental Health Center and has daily contact with | 15 | | the residents thereof, (ii) is employed within a security | 16 | | unit at a facility operated by the Department and has | 17 | | daily contact with the residents of the security unit, | 18 | | (iii) is employed at a facility operated by the Department | 19 | | that includes a security unit and is regularly scheduled | 20 | | to work at least 50% of his or her working hours within | 21 | | that security unit, or (iv) is a mental health police | 22 | | officer. "Mental health police officer" means any person | 23 | | employed by the Department of Human Services in a position | 24 | | pertaining to the Department's mental health and | 25 | | developmental disabilities functions who is vested with | 26 | | such law enforcement duties as render the person |
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| 1 | | ineligible for coverage under the Social Security Act by | 2 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 3 | | 218(l)(1) of that Act. "Security unit" means that portion | 4 | | of a facility that is devoted to the care, containment, | 5 | | and treatment of persons committed to the Department of | 6 | | Human Services as sexually violent persons, persons unfit | 7 | | to stand trial, or persons not guilty by reason of | 8 | | insanity. With respect to past employment, references to | 9 | | the Department of Human Services include its predecessor, | 10 | | the Department of Mental Health and Developmental | 11 | | Disabilities. | 12 | | The changes made to this subdivision (c)(8) by Public | 13 | | Act 92-14 apply to persons who retire on or after January | 14 | | 1, 2001, notwithstanding Section 1-103.1. | 15 | | (9) "Central Management Services security police | 16 | | officer" means any person employed by the Department of | 17 | | Central Management Services who is vested with such law | 18 | | enforcement duties as render him ineligible for coverage | 19 | | under the Social Security Act by reason of Sections | 20 | | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. | 21 | | (10) For a member who first became an employee under | 22 | | this Article before July 1, 2005, the term "security | 23 | | employee of the Department of Corrections or the | 24 | | Department of Juvenile Justice" means any employee of the | 25 | | Department of Corrections or the Department of Juvenile | 26 | | Justice or the former Department of Personnel, and any |
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| 1 | | member or employee of the Prisoner Review Board, who has | 2 | | daily contact with inmates or youth by working within a | 3 | | correctional facility or Juvenile facility operated by the | 4 | | Department of Juvenile Justice or who is a parole officer | 5 | | or an employee who has direct contact with committed | 6 | | persons in the performance of his or her job duties. For a | 7 | | member who first becomes an employee under this Article on | 8 | | or after July 1, 2005, the term means an employee of the | 9 | | Department of Corrections or the Department of Juvenile | 10 | | Justice who is any of the following: (i) officially | 11 | | headquartered at a correctional facility or Juvenile | 12 | | facility operated by the Department of Juvenile Justice, | 13 | | (ii) a parole officer, (iii) a member of the apprehension | 14 | | unit, (iv) a member of the intelligence unit, (v) a member | 15 | | of the sort team, or (vi) an investigator. | 16 | | (11) The term "dangerous drugs investigator" means any | 17 | | person who is employed as such by the Department of Human | 18 | | Services. | 19 | | (12) The term "investigator for the Illinois State | 20 | | Police" means a person employed by the Illinois State | 21 | | Police who is vested under Section 4 of the Narcotic | 22 | | Control Division Abolition Act with such law enforcement | 23 | | powers as render him ineligible for coverage under the | 24 | | Social Security Act by reason of Sections 218(d)(5)(A), | 25 | | 218(d)(8)(D) and 218(l)(1) of that Act. | 26 | | (13) "Investigator for the Office of the Attorney |
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| 1 | | General" means any person who is employed as such by the | 2 | | Office of the Attorney General and is vested with such | 3 | | investigative duties as render him ineligible for coverage | 4 | | under the Social Security Act by reason of Sections | 5 | | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For | 6 | | the period before January 1, 1989, the term includes all | 7 | | persons who were employed as investigators by the Office | 8 | | of the Attorney General, without regard to social security | 9 | | status. | 10 | | (14) "Controlled substance inspector" means any person | 11 | | who is employed as such by the Department of Professional | 12 | | Regulation and is vested with such law enforcement duties | 13 | | as render him ineligible for coverage under the Social | 14 | | Security Act by reason of Sections 218(d)(5)(A), | 15 | | 218(d)(8)(D) and 218(l)(1) of that Act. The term | 16 | | "controlled substance inspector" includes the Program | 17 | | Executive of Enforcement and the Assistant Program | 18 | | Executive of Enforcement. | 19 | | (15) The term "investigator for the Office of the | 20 | | State's Attorneys Appellate Prosecutor" means a person | 21 | | employed in that capacity on a full-time basis under the | 22 | | authority of Section 7.06 of the State's Attorneys | 23 | | Appellate Prosecutor's Act. | 24 | | (16) "Commerce Commission police officer" means any | 25 | | person employed by the Illinois Commerce Commission who is | 26 | | vested with such law enforcement duties as render him |
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| 1 | | ineligible for coverage under the Social Security Act by | 2 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and | 3 | | 218(l)(1) of that Act. | 4 | | (17) "Arson investigator" means any person who is | 5 | | employed as such by the Office of the State Fire Marshal | 6 | | and is vested with such law enforcement duties as render | 7 | | the person 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. A person who was | 10 | | employed as an arson investigator on January 1, 1995 and | 11 | | is no longer in service but not yet receiving a retirement | 12 | | annuity may convert his or her creditable service for | 13 | | employment as an arson investigator into eligible | 14 | | creditable service by paying to the System the difference | 15 | | between the employee contributions actually paid for that | 16 | | service and the amounts that would have been contributed | 17 | | if the applicant were contributing at the rate applicable | 18 | | to persons with the same social security status earning | 19 | | eligible creditable service on the date of application. | 20 | | (18) The term "State highway maintenance worker" means | 21 | | a person who is either of the following: | 22 | | (i) A person employed on a full-time basis by the | 23 | | Illinois Department of Transportation in the position | 24 | | of highway maintainer, highway maintenance lead | 25 | | worker, highway maintenance lead/lead worker, sign | 26 | | hanger, sign hanger foreman, heavy construction |
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| 1 | | equipment operator, power shovel operator, or bridge | 2 | | mechanic; and whose principal responsibility is to | 3 | | perform, on the roadway, the actual maintenance | 4 | | necessary to keep the highways that form a part of the | 5 | | State highway system in serviceable condition for | 6 | | vehicular traffic. | 7 | | (ii) A person employed on a full-time basis by the | 8 | | Illinois State Toll Highway Authority in the position | 9 | | of equipment operator/laborer H-4, equipment | 10 | | operator/laborer H-6, welder H-4, welder H-6, | 11 | | mechanical/electrical H-4, mechanical/electrical H-6, | 12 | | water/sewer H-4, water/sewer H-6, sign maker/hanger | 13 | | H-4, sign maker/hanger H-6, roadway lighting H-4, | 14 | | roadway lighting H-6, structural H-4, structural H-6, | 15 | | painter H-4, or painter H-6; and whose principal | 16 | | responsibility is to perform, on the roadway, the | 17 | | actual maintenance necessary to keep the Authority's | 18 | | tollways in serviceable condition for vehicular | 19 | | traffic. | 20 | | The changes to this item (18) made by this amendatory | 21 | | Act of the 103rd General Assembly apply without regard to | 22 | | whether the member was in service on or after its | 23 | | effective date, but do not entitle any person to | 24 | | recalculation of any pension or other benefit already | 25 | | granted. | 26 | | (19) The term "security employee of the Department of |
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| 1 | | Innovation and Technology" means a person who was a | 2 | | security employee of the Department of Corrections or the | 3 | | Department of Juvenile Justice, was transferred to the | 4 | | Department of Innovation and Technology pursuant to | 5 | | Executive Order 2016-01, and continues to perform similar | 6 | | job functions under that Department. | 7 | | (20) "Transferred employee" means an employee who was | 8 | | transferred to the Department of Central Management | 9 | | Services by Executive Order No. 2003-10 or Executive Order | 10 | | No. 2004-2 or transferred to the Department of Innovation | 11 | | and Technology by Executive Order No. 2016-1, or both, and | 12 | | was entitled to eligible creditable service for services | 13 | | immediately preceding the transfer. | 14 | | (d) A security employee of the Department of Corrections | 15 | | or the Department of Juvenile Justice, a security employee of | 16 | | the Department of Human Services who is not a mental health | 17 | | police officer, and a security employee of the Department of | 18 | | Innovation and Technology shall not be eligible for the | 19 | | alternative retirement annuity provided by this Section unless | 20 | | he or she meets the following minimum age and service | 21 | | requirements at the time of retirement: | 22 | | (i) 25 years of eligible creditable service and age | 23 | | 55; or | 24 | | (ii) beginning January 1, 1987, 25 years of eligible | 25 | | creditable service and age 54, or 24 years of eligible | 26 | | creditable service and age 55; or |
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| 1 | | (iii) beginning January 1, 1988, 25 years of eligible | 2 | | creditable service and age 53, or 23 years of eligible | 3 | | creditable service and age 55; or | 4 | | (iv) beginning January 1, 1989, 25 years of eligible | 5 | | creditable service and age 52, or 22 years of eligible | 6 | | creditable service and age 55; or | 7 | | (v) beginning January 1, 1990, 25 years of eligible | 8 | | creditable service and age 51, or 21 years of eligible | 9 | | creditable service and age 55; or | 10 | | (vi) beginning January 1, 1991, 25 years of eligible | 11 | | creditable service and age 50, or 20 years of eligible | 12 | | creditable service and age 55. | 13 | | Persons who have service credit under Article 16 of this | 14 | | Code for service as a security employee of the Department of | 15 | | Corrections or the Department of Juvenile Justice, or the | 16 | | Department of Human Services in a position requiring | 17 | | certification as a teacher may count such service toward | 18 | | establishing their eligibility under the service requirements | 19 | | of this Section; but such service may be used only for | 20 | | establishing such eligibility, and not for the purpose of | 21 | | increasing or calculating any benefit. | 22 | | (e) If a member enters military service while working in a | 23 | | position in which eligible creditable service may be earned, | 24 | | and returns to State service in the same or another such | 25 | | position, and fulfills in all other respects the conditions | 26 | | prescribed in this Article for credit for military service, |
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| 1 | | such military service shall be credited as eligible creditable | 2 | | service for the purposes of the retirement annuity prescribed | 3 | | in this Section. | 4 | | (f) For purposes of calculating retirement annuities under | 5 | | this Section, periods of service rendered after December 31, | 6 | | 1968 and before October 1, 1975 as a covered employee in the | 7 | | position of special agent, conservation police officer, mental | 8 | | health police officer, or investigator for the Secretary of | 9 | | State, shall be deemed to have been service as a noncovered | 10 | | employee, provided that the employee pays to the System prior | 11 | | to retirement an amount equal to (1) the difference between | 12 | | the employee contributions that would have been required for | 13 | | such service as a noncovered employee, and the amount of | 14 | | employee contributions actually paid, plus (2) if payment is | 15 | | made after July 31, 1987, regular interest on the amount | 16 | | specified in item (1) from the date of service to the date of | 17 | | payment. | 18 | | For purposes of calculating retirement annuities under | 19 | | this Section, periods of service rendered after December 31, | 20 | | 1968 and before January 1, 1982 as a covered employee in the | 21 | | position of investigator for the Department of Revenue shall | 22 | | be deemed to have been service as a noncovered employee, | 23 | | provided that the employee pays to the System prior to | 24 | | retirement an amount equal to (1) the difference between the | 25 | | employee contributions that would have been required for such | 26 | | service as a noncovered employee, and the amount of employee |
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| 1 | | contributions actually paid, plus (2) if payment is made after | 2 | | January 1, 1990, regular interest on the amount specified in | 3 | | item (1) from the date of service to the date of payment. | 4 | | (g) A State policeman may elect, not later than January 1, | 5 | | 1990, to establish eligible creditable service for up to 10 | 6 | | years of his service as a policeman under Article 3, by filing | 7 | | a written election with the Board, accompanied by payment of | 8 | | an amount to be determined by the Board, equal to (i) the | 9 | | difference between the amount of employee and employer | 10 | | contributions transferred to the System under Section 3-110.5, | 11 | | and the amounts that would have been contributed had such | 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 | | Subject to the limitation in subsection (i), a State | 17 | | policeman may elect, not later than July 1, 1993, to establish | 18 | | eligible creditable service for up to 10 years of his service | 19 | | as a member of the County Police Department under Article 9, by | 20 | | filing a written election with the Board, accompanied by | 21 | | payment of an amount to be determined by the Board, equal to | 22 | | (i) the difference between the amount of employee and employer | 23 | | contributions transferred to the System under Section 9-121.10 | 24 | | and the amounts that would have been contributed had those | 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 | | (h) Subject to the limitation in subsection (i), a State | 4 | | policeman or investigator for the Secretary of State may elect | 5 | | to establish eligible creditable service for up to 12 years of | 6 | | his service as a policeman under Article 5, by filing a written | 7 | | election with the Board on or before January 31, 1992, and | 8 | | paying to the System by January 31, 1994 an amount to be | 9 | | determined by the Board, equal to (i) the difference between | 10 | | the amount of employee and employer contributions transferred | 11 | | to the System under Section 5-236, and the amounts that would | 12 | | have been contributed had such contributions been made at the | 13 | | rates applicable to State policemen, plus (ii) interest | 14 | | thereon at the effective rate for each year, compounded | 15 | | annually, from the date of service to the date of payment. | 16 | | Subject to the limitation in subsection (i), a State | 17 | | policeman, conservation police officer, or investigator for | 18 | | the Secretary of State may elect to establish eligible | 19 | | creditable service for up to 10 years of service as a sheriff's | 20 | | law enforcement employee under Article 7, by filing a written | 21 | | election with the Board on or before January 31, 1993, and | 22 | | paying to the System by January 31, 1994 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 Section 7-139.7, and the amounts that | 26 | | would have been contributed had such contributions been made |
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| 1 | | at the rates applicable to State policemen, plus (ii) interest | 2 | | thereon at the effective 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, conservation police officer, or investigator for | 6 | | the Secretary of State may elect to establish eligible | 7 | | creditable service for up to 5 years of service as a police | 8 | | officer under Article 3, a policeman under Article 5, a | 9 | | sheriff's law enforcement employee under Article 7, a member | 10 | | of the county police department under Article 9, or a police | 11 | | officer under Article 15 by filing a written election with the | 12 | | Board and paying to the System an amount to be determined by | 13 | | the Board, equal to (i) the difference between the amount of | 14 | | employee and employer contributions transferred to the System | 15 | | under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 16 | | and the amounts that would have been contributed had such | 17 | | contributions been made at the rates applicable to State | 18 | | policemen, plus (ii) interest thereon at the effective rate | 19 | | for each year, compounded annually, from the date of service | 20 | | to the date of payment. | 21 | | Subject to the limitation in subsection (i), an | 22 | | investigator for the Office of the Attorney General, or an | 23 | | investigator for the Department of Revenue, may elect to | 24 | | establish eligible creditable service for up to 5 years of | 25 | | service as a police officer under Article 3, a policeman under | 26 | | Article 5, a sheriff's law enforcement employee under Article |
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| 1 | | 7, or a member of the county police department under Article 9 | 2 | | by filing a written election with the Board within 6 months | 3 | | after August 25, 2009 (the effective date of Public Act | 4 | | 96-745) and paying to the System an amount to be determined by | 5 | | the Board, equal to (i) the difference between the amount of | 6 | | employee and employer contributions transferred to the System | 7 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 8 | | 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 actuarially | 11 | | assumed rate for each year, compounded annually, from the date | 12 | | of service to the date of payment. | 13 | | Subject to the limitation in subsection (i), a State | 14 | | policeman, conservation police officer, investigator for the | 15 | | Office of the Attorney General, an investigator for the | 16 | | Department of Revenue, or investigator for the Secretary of | 17 | | State may elect to establish eligible creditable service for | 18 | | up to 5 years of service as a person employed by a | 19 | | participating municipality to perform police duties, or law | 20 | | enforcement officer employed on a full-time basis by a forest | 21 | | preserve district under Article 7, a county corrections | 22 | | officer, or a court services officer under Article 9, by | 23 | | filing a written election with the Board within 6 months after | 24 | | August 25, 2009 (the effective date of Public Act 96-745) and | 25 | | paying to the System an amount to be determined by the Board, | 26 | | equal to (i) the difference between the amount of employee and |
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| 1 | | employer contributions transferred to the System under | 2 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 3 | | been contributed had such contributions been made at the rates | 4 | | applicable to State policemen, plus (ii) interest thereon at | 5 | | the actuarially assumed rate for each year, compounded | 6 | | annually, from the date of service to the date of payment. | 7 | | Subject to the limitation in subsection (i), a State | 8 | | policeman, arson investigator, or Commerce Commission police | 9 | | officer may elect to establish eligible creditable service for | 10 | | up to 5 years of service as a person employed by a | 11 | | participating municipality to perform police duties under | 12 | | Article 7, a county corrections officer, a court services | 13 | | officer under Article 9, or a firefighter under Article 4 by | 14 | | filing a written election with the Board within 6 months after | 15 | | July 30, 2021 (the effective date of Public Act 102-210) and | 16 | | paying to the System an amount to be determined by the Board | 17 | | equal to (i) the difference between the amount of employee and | 18 | | employer contributions transferred to the System under | 19 | | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | 20 | | would have been contributed had such contributions been made | 21 | | at the rates applicable to State policemen, plus (ii) interest | 22 | | thereon at the actuarially assumed rate for each year, | 23 | | compounded annually, from the date of service to the date of | 24 | | payment. | 25 | | Subject to the limitation in subsection (i), a | 26 | | conservation police officer may elect to establish eligible |
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| 1 | | creditable service for up to 5 years of service as a person | 2 | | employed by a participating municipality to perform police | 3 | | duties under Article 7, a county corrections officer, or a | 4 | | court services officer under Article 9 by filing a written | 5 | | election with the Board within 6 months after July 30, 2021 | 6 | | (the effective date of Public Act 102-210) and paying to the | 7 | | System an amount to be determined by the Board equal to (i) the | 8 | | difference between the amount of employee and employer | 9 | | contributions transferred to the System under Sections 7-139.8 | 10 | | and 9-121.10 and the amounts that would have been contributed | 11 | | had such contributions been made at the rates applicable to | 12 | | State policemen, plus (ii) interest thereon at the actuarially | 13 | | assumed rate for each year, compounded annually, from the date | 14 | | of service to the date of payment. | 15 | | Subject to the limitation in subsection (i), an | 16 | | investigator for the Department of Revenue, investigator for | 17 | | the Illinois Gaming Board, investigator for the Secretary of | 18 | | State, or arson investigator may elect to establish eligible | 19 | | creditable service for up to 5 years of service as a person | 20 | | employed by a participating municipality to perform police | 21 | | duties under Article 7, a county corrections officer, a court | 22 | | services officer under Article 9, or a firefighter under | 23 | | Article 4 by filing a written election with the Board within 6 | 24 | | months after the effective date of this amendatory Act of the | 25 | | 102nd General Assembly and paying to the System an amount to be | 26 | | determined by the Board equal to (i) the difference between |
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| 1 | | the amount of employee and employer contributions transferred | 2 | | to the System under Sections 4-108.8, 7-139.8, and 9-121.10 | 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 actuarially | 6 | | assumed rate for each year, compounded annually, from the date | 7 | | of service to the date of payment. | 8 | | Notwithstanding the limitation in subsection (i), a State | 9 | | policeman or conservation police officer may elect to convert | 10 | | service credit earned under this Article to eligible | 11 | | creditable service, as defined by this Section, by filing a | 12 | | written election with the board within 6 months after July 30, | 13 | | 2021 (the effective date of Public Act 102-210) and paying to | 14 | | the System an amount to be determined by the Board equal to (i) | 15 | | the difference between the amount of employee contributions | 16 | | originally paid for that service and the amounts that would | 17 | | have been contributed had such contributions been made at the | 18 | | rates applicable to State policemen, plus (ii) the difference | 19 | | between the employer's normal cost of the credit prior to the | 20 | | conversion authorized by Public Act 102-210 and the employer's | 21 | | normal cost of the credit converted in accordance with Public | 22 | | Act 102-210, plus (iii) interest thereon at the actuarially | 23 | | assumed rate for each year, compounded annually, from the date | 24 | | of service to the date of payment. | 25 | | Notwithstanding the limitation in subsection (i), an | 26 | | investigator for the Department of Revenue, investigator for |
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| 1 | | the Illinois Gaming Board, investigator for the Secretary of | 2 | | State, or arson investigator may elect to convert service | 3 | | credit earned under this Article to eligible creditable | 4 | | service, as defined by this Section, by filing a written | 5 | | election with the Board within 6 months after the effective | 6 | | date of this amendatory Act of the 102nd General Assembly and | 7 | | paying to the System an amount to be determined by the Board | 8 | | equal to (i) the difference between the amount of employee | 9 | | contributions originally paid for that service and the amounts | 10 | | that would have been contributed had such contributions been | 11 | | made at the rates applicable to investigators for the | 12 | | Department of Revenue, investigators for the Illinois Gaming | 13 | | Board, investigators for the Secretary of State, or arson | 14 | | investigators, plus (ii) the difference between the employer's | 15 | | normal cost of the credit prior to the conversion authorized | 16 | | by this amendatory Act of the 102nd General Assembly and the | 17 | | employer's normal cost of the credit converted in accordance | 18 | | with this amendatory Act of the 102nd General Assembly, plus | 19 | | (iii) interest thereon at the actuarially assumed rate for | 20 | | each year, compounded annually, from the date of service to | 21 | | the date of payment. | 22 | | (i) The total amount of eligible creditable service | 23 | | established by any person under subsections (g), (h), (j), | 24 | | (k), (l), (l-5), and (o) of this Section shall not exceed 12 | 25 | | years. | 26 | | (j) Subject to the limitation in subsection (i), an |
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| 1 | | investigator for the Office of the State's Attorneys Appellate | 2 | | Prosecutor or a controlled substance inspector may elect to | 3 | | establish eligible creditable service for up to 10 years of | 4 | | his service as a policeman under Article 3 or a sheriff's law | 5 | | enforcement employee under Article 7, by filing a written | 6 | | election with the Board, accompanied by payment of an amount | 7 | | to be determined by the Board, equal to (1) the difference | 8 | | between the amount of employee and employer contributions | 9 | | transferred to the System under Section 3-110.6 or 7-139.8, | 10 | | and the amounts that would have been contributed had such | 11 | | contributions been made at the rates applicable to State | 12 | | policemen, plus (2) interest thereon at the effective rate for | 13 | | each year, compounded annually, from the date of service to | 14 | | the date of payment. | 15 | | (k) Subject to the limitation in subsection (i) of this | 16 | | Section, an alternative formula employee may elect to | 17 | | establish eligible creditable service for periods spent as a | 18 | | full-time law enforcement officer or full-time corrections | 19 | | officer employed by the federal government or by a state or | 20 | | local government located outside of Illinois, for which credit | 21 | | is not held in any other public employee pension fund or | 22 | | retirement system. To obtain this credit, the applicant must | 23 | | file a written application with the Board by March 31, 1998, | 24 | | accompanied by evidence of eligibility acceptable to the Board | 25 | | and payment of an amount to be determined by the Board, equal | 26 | | to (1) employee contributions for the credit being |
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| 1 | | established, based upon the applicant's salary on the first | 2 | | day as an alternative formula employee after the employment | 3 | | for which credit is being established and the rates then | 4 | | applicable to alternative formula employees, plus (2) an | 5 | | amount determined by the Board to be the employer's normal | 6 | | cost of the benefits accrued for the credit being established, | 7 | | plus (3) regular interest on the amounts in items (1) and (2) | 8 | | from the first day as an alternative formula employee after | 9 | | the employment for which credit is being established to the | 10 | | date of payment. | 11 | | (l) Subject to the limitation in subsection (i), a | 12 | | security employee of the Department of Corrections may elect, | 13 | | not later than July 1, 1998, to establish eligible creditable | 14 | | service for up to 10 years of his or her service as a policeman | 15 | | under Article 3, by filing a written election with the Board, | 16 | | accompanied by payment of an amount to be determined by the | 17 | | Board, equal to (i) the difference between the amount of | 18 | | employee and employer contributions transferred to the System | 19 | | under Section 3-110.5, and the amounts that would have been | 20 | | contributed had such contributions been made at the rates | 21 | | applicable to security employees of the Department of | 22 | | Corrections, plus (ii) interest thereon at the effective rate | 23 | | for each year, compounded annually, from the date of service | 24 | | to the date of payment. | 25 | | (l-5) Subject to the limitation in subsection (i) of this | 26 | | Section, a State policeman may elect to establish eligible |
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| 1 | | creditable service for up to 5 years of service as a full-time | 2 | | law enforcement officer employed by the federal government or | 3 | | by a state or local government located outside of Illinois for | 4 | | which credit is not held in any other public employee pension | 5 | | fund or retirement system. To obtain this credit, the | 6 | | applicant must file a written application with the Board no | 7 | | later than 3 years after January 1, 2020 (the effective date of | 8 | | Public Act 101-610), accompanied by evidence of eligibility | 9 | | acceptable to the Board and payment of an amount to be | 10 | | determined by the Board, equal to (1) employee contributions | 11 | | for the credit being established, based upon the applicant's | 12 | | salary on the first day as an alternative formula employee | 13 | | after the employment for which credit is being established and | 14 | | the rates then applicable to alternative formula employees, | 15 | | plus (2) an amount determined by the Board to be the employer's | 16 | | normal cost of the benefits accrued for the credit being | 17 | | established, plus (3) regular interest on the amounts in items | 18 | | (1) and (2) from the first day as an alternative formula | 19 | | employee after the employment for which credit is being | 20 | | established to the date of payment. | 21 | | (m) The amendatory changes to this Section made by Public | 22 | | Act 94-696 apply only to: (1) security employees of the | 23 | | Department of Juvenile Justice employed by the Department of | 24 | | Corrections before June 1, 2006 (the effective date of Public | 25 | | Act 94-696) and transferred to the Department of Juvenile | 26 | | Justice by Public Act 94-696; and (2) persons employed by the |
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| 1 | | Department of Juvenile Justice on or after June 1, 2006 (the | 2 | | effective date of Public Act 94-696) who are required by | 3 | | subsection (b) of Section 3-2.5-15 of the Unified Code of | 4 | | Corrections to have any bachelor's or advanced degree from an | 5 | | accredited college or university or, in the case of persons | 6 | | who provide vocational training, who are required to have | 7 | | adequate knowledge in the skill for which they are providing | 8 | | the vocational training. | 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 | | (q) A person who is employed on a full-time basis by the | 18 | | Illinois Department of Transportation in the position of sign | 19 | | hanger or sign hanger foreman may elect to convert service | 20 | | credit earned under this Article to eligible creditable | 21 | | service by filing a written election with the Board and paying | 22 | | to the System an amount to be determined by the Board equal to | 23 | | (i) the difference between the amount of employee | 24 | | contributions originally paid for that service and the amounts | 25 | | that would have been contributed had such contributions been | 26 | | made at the rates applicable to State highway maintenance |
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| 1 | | workers, plus (ii) the difference between the employer's | 2 | | normal cost of the credit prior to the conversion authorized | 3 | | by this amendatory Act of the 103rd General Assembly and the | 4 | | employer's normal cost of the credit converted in accordance | 5 | | with this amendatory Act of the 103rd General Assembly, plus | 6 | | (iii) interest thereon at the actuarially assumed rate for | 7 | | each year, compounded annually, from the date of service to | 8 | | the date of payment. | 9 | | (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21; | 10 | | 102-856, eff. 1-1-23; 103-34, eff. 1-1-24 .) | 11 | | (Text of Section from P.A. 102-956 and 103-34) | 12 | | Sec. 14-110. Alternative retirement annuity. | 13 | | (a) Any member who has withdrawn from service with not | 14 | | less than 20 years of eligible creditable service and has | 15 | | attained age 55, and any member who has withdrawn from service | 16 | | with not less than 25 years of eligible creditable service and | 17 | | has attained age 50, regardless of whether the attainment of | 18 | | either of the specified ages occurs while the member is still | 19 | | in service, shall be entitled to receive at the option of the | 20 | | member, in lieu of the regular or minimum retirement annuity, | 21 | | a retirement annuity computed as follows: | 22 | | (i) for periods of service as a noncovered employee: | 23 | | if retirement occurs on or after January 1, 2001, 3% of | 24 | | final average compensation for each year of creditable | 25 | | service; if retirement occurs before January 1, 2001, 2 |
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| 1 | | 1/4% of final average compensation for each of the first | 2 | | 10 years of creditable service, 2 1/2% for each year above | 3 | | 10 years to and including 20 years of creditable service, | 4 | | and 2 3/4% for each year of creditable service above 20 | 5 | | years; and | 6 | | (ii) for periods of eligible creditable service as a | 7 | | covered employee: if retirement occurs on or after January | 8 | | 1, 2001, 2.5% of final average compensation for each year | 9 | | of creditable service; if retirement occurs before January | 10 | | 1, 2001, 1.67% of final average compensation for each of | 11 | | the first 10 years of such service, 1.90% for each of the | 12 | | next 10 years of such service, 2.10% for each year of such | 13 | | service in excess of 20 but not exceeding 30, and 2.30% for | 14 | | each year in excess of 30. | 15 | | Such annuity shall be subject to a maximum of 75% of final | 16 | | average compensation if retirement occurs before January 1, | 17 | | 2001 or to a maximum of 80% of final average compensation if | 18 | | retirement occurs on or after January 1, 2001. | 19 | | These rates shall not be applicable to any service | 20 | | performed by a member as a covered employee which is not | 21 | | eligible creditable service. Service as a covered employee | 22 | | which is not eligible creditable service shall be subject to | 23 | | the rates and provisions of Section 14-108. | 24 | | (b) For the purpose of this Section, "eligible creditable | 25 | | service" means creditable service resulting from service in | 26 | | one or more of the following positions: |
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| 1 | | (1) State policeman; | 2 | | (2) fire fighter in the fire protection service of a | 3 | | department; | 4 | | (3) air pilot; | 5 | | (4) special agent; | 6 | | (5) investigator for the Secretary of State; | 7 | | (6) conservation police officer; | 8 | | (7) investigator for the Department of Revenue or the | 9 | | Illinois Gaming Board; | 10 | | (8) security employee of the Department of Human | 11 | | Services; | 12 | | (9) Central Management Services security police | 13 | | officer; | 14 | | (10) security employee of the Department of | 15 | | Corrections or the Department of Juvenile Justice; | 16 | | (11) dangerous drugs investigator; | 17 | | (12) investigator for the Illinois State Police; | 18 | | (13) investigator for the Office of the Attorney | 19 | | General; | 20 | | (14) controlled substance inspector; | 21 | | (15) investigator for the Office of the State's | 22 | | Attorneys Appellate Prosecutor; | 23 | | (16) Commerce Commission police officer; | 24 | | (17) arson investigator; | 25 | | (18) State highway maintenance worker; | 26 | | (19) security employee of the Department of Innovation |
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| 1 | | and Technology; or | 2 | | (20) transferred employee. | 3 | | A person employed in one of the positions specified in | 4 | | this subsection is entitled to eligible creditable service for | 5 | | service credit earned under this Article while undergoing the | 6 | | basic police training course approved by the Illinois Law | 7 | | Enforcement Training Standards Board, if completion of that | 8 | | training is required of persons serving in that position. For | 9 | | the purposes of this Code, service during the required basic | 10 | | police training course shall be deemed performance of the | 11 | | duties of the specified position, even though the person is | 12 | | not a sworn peace officer at the time of the training. | 13 | | A person under paragraph (20) is entitled to eligible | 14 | | creditable service for service credit earned under this | 15 | | Article on and after his or her transfer by Executive Order No. | 16 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 17 | | 2016-1. | 18 | | (c) For the purposes of this Section: | 19 | | (1) The term "State policeman" includes any title or | 20 | | position in the Illinois State Police that is held by an | 21 | | individual employed under the Illinois State Police Act. | 22 | | (2) The term "fire fighter in the fire protection | 23 | | service of a department" includes all officers in such | 24 | | fire protection service including fire chiefs and | 25 | | assistant fire chiefs. | 26 | | (3) The term "air pilot" includes any employee whose |
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| 1 | | official job description on file in the Department of | 2 | | Central Management Services, or in the department by which | 3 | | he is employed if that department is not covered by the | 4 | | Personnel Code, states that his principal duty is the | 5 | | operation of aircraft, and who possesses a pilot's | 6 | | license; however, the change in this definition made by | 7 | | Public Act 83-842 shall not operate to exclude any | 8 | | noncovered employee who was an "air pilot" for the | 9 | | purposes of this Section on January 1, 1984. | 10 | | (4) The term "special agent" means any person who by | 11 | | reason of employment by the Division of Narcotic Control, | 12 | | the Bureau of Investigation or, after July 1, 1977, the | 13 | | Division of Criminal Investigation, the Division of | 14 | | Internal Investigation, the Division of Operations, the | 15 | | Division of Patrol, or any other Division or | 16 | | organizational entity in the Illinois State Police is | 17 | | vested by law with duties to maintain public order, | 18 | | investigate violations of the criminal law of this State, | 19 | | enforce the laws of this State, make arrests and recover | 20 | | property. The term "special agent" includes any title or | 21 | | position in the Illinois State Police that is held by an | 22 | | individual employed under the Illinois State Police Act. | 23 | | (5) The term "investigator for the Secretary of State" | 24 | | means any person employed by the Office of the Secretary | 25 | | of State and vested with such investigative duties as | 26 | | render him ineligible for coverage under the Social |
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| 1 | | Security Act by reason of Sections 218(d)(5)(A), | 2 | | 218(d)(8)(D) and 218(l)(1) of that Act. | 3 | | A person who became employed as an investigator for | 4 | | the Secretary of State between January 1, 1967 and | 5 | | December 31, 1975, and who has served as such until | 6 | | attainment of age 60, either continuously or with a single | 7 | | break in service of not more than 3 years duration, which | 8 | | break terminated before January 1, 1976, shall be entitled | 9 | | to have his retirement annuity calculated in accordance | 10 | | with subsection (a), notwithstanding that he has less than | 11 | | 20 years of credit for such service. | 12 | | (6) The term "Conservation Police Officer" means any | 13 | | person employed by the Division of Law Enforcement of the | 14 | | Department of Natural Resources and vested with such law | 15 | | enforcement duties as render him ineligible for coverage | 16 | | under the Social Security Act by reason of Sections | 17 | | 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The | 18 | | term "Conservation Police Officer" includes the positions | 19 | | of Chief Conservation Police Administrator and Assistant | 20 | | Conservation Police Administrator. | 21 | | (7) The term "investigator for the Department of | 22 | | Revenue" means any person employed by the Department of | 23 | | Revenue 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 | | The term "investigator for the Illinois Gaming Board" | 2 | | means any person employed as such by the Illinois Gaming | 3 | | Board and vested with such peace officer duties as render | 4 | | the person ineligible for coverage under the Social | 5 | | Security Act by reason of Sections 218(d)(5)(A), | 6 | | 218(d)(8)(D), and 218(l)(1) of that Act. | 7 | | (8) The term "security employee of the Department of | 8 | | Human Services" means any person employed by the | 9 | | Department of Human Services who (i) is employed at the | 10 | | Chester Mental Health Center and has daily contact with | 11 | | the residents thereof, (ii) is employed within a security | 12 | | unit at a facility operated by the Department and has | 13 | | daily contact with the residents of the security unit, | 14 | | (iii) is employed at a facility operated by the Department | 15 | | that includes a security unit and is regularly scheduled | 16 | | to work at least 50% of his or her working hours within | 17 | | that security unit, or (iv) is a mental health police | 18 | | officer. "Mental health police officer" means any person | 19 | | employed by the Department of Human Services in a position | 20 | | pertaining to the Department's mental health and | 21 | | developmental disabilities functions who is vested with | 22 | | such law enforcement duties as render the person | 23 | | ineligible for coverage under the Social Security Act by | 24 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 25 | | 218(l)(1) of that Act. "Security unit" means that portion | 26 | | of a facility that is devoted to the care, containment, |
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| 1 | | and treatment of persons committed to the Department of | 2 | | Human Services as sexually violent persons, persons unfit | 3 | | to stand trial, or persons not guilty by reason of | 4 | | insanity. With respect to past employment, references to | 5 | | the Department of Human Services include its predecessor, | 6 | | the Department of Mental Health and Developmental | 7 | | Disabilities. | 8 | | The changes made to this subdivision (c)(8) by Public | 9 | | Act 92-14 apply to persons who retire on or after January | 10 | | 1, 2001, notwithstanding Section 1-103.1. | 11 | | (9) "Central Management Services security police | 12 | | officer" means any person employed by the Department of | 13 | | Central Management Services who is vested with such law | 14 | | enforcement duties as render him ineligible for coverage | 15 | | under the Social Security Act by reason of Sections | 16 | | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. | 17 | | (10) For a member who first became an employee under | 18 | | this Article before July 1, 2005, the term "security | 19 | | employee of the Department of Corrections or the | 20 | | Department of Juvenile Justice" means any employee of the | 21 | | Department of Corrections or the Department of Juvenile | 22 | | Justice or the former Department of Personnel, and any | 23 | | member or employee of the Prisoner Review Board, who has | 24 | | daily contact with inmates or youth by working within a | 25 | | correctional facility or Juvenile facility operated by the | 26 | | Department of Juvenile Justice or who is a parole officer |
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| 1 | | or an employee who has direct contact with committed | 2 | | persons in the performance of his or her job duties. For a | 3 | | member who first becomes an employee under this Article on | 4 | | or after July 1, 2005, the term means an employee of the | 5 | | Department of Corrections or the Department of Juvenile | 6 | | Justice who is any of the following: (i) officially | 7 | | headquartered at a correctional facility or Juvenile | 8 | | facility operated by the Department of Juvenile Justice, | 9 | | (ii) a parole officer, (iii) a member of the apprehension | 10 | | unit, (iv) a member of the intelligence unit, (v) a member | 11 | | of the sort team, or (vi) an investigator. | 12 | | (11) The term "dangerous drugs investigator" means any | 13 | | person who is employed as such by the Department of Human | 14 | | Services. | 15 | | (12) The term "investigator for the Illinois State | 16 | | Police" means a person employed by the Illinois State | 17 | | Police who is vested under Section 4 of the Narcotic | 18 | | Control Division Abolition Act with such law enforcement | 19 | | powers as render him ineligible for coverage under the | 20 | | Social Security Act by reason of Sections 218(d)(5)(A), | 21 | | 218(d)(8)(D) and 218(l)(1) of that Act. | 22 | | (13) "Investigator for the Office of the Attorney | 23 | | General" means any person who is employed as such by the | 24 | | Office of the Attorney General and is vested with such | 25 | | investigative duties as render him ineligible for coverage | 26 | | under the Social Security Act by reason of Sections |
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| 1 | | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For | 2 | | the period before January 1, 1989, the term includes all | 3 | | persons who were employed as investigators by the Office | 4 | | of the Attorney General, without regard to social security | 5 | | status. | 6 | | (14) "Controlled substance inspector" means any person | 7 | | who is employed as such by the Department of Professional | 8 | | Regulation and is vested with such law enforcement duties | 9 | | as render him ineligible for coverage under the Social | 10 | | Security Act by reason of Sections 218(d)(5)(A), | 11 | | 218(d)(8)(D) and 218(l)(1) of that Act. The term | 12 | | "controlled substance inspector" includes the Program | 13 | | Executive of Enforcement and the Assistant Program | 14 | | Executive of Enforcement. | 15 | | (15) The term "investigator for the Office of the | 16 | | State's Attorneys Appellate Prosecutor" means a person | 17 | | employed in that capacity on a full-time basis under the | 18 | | authority of Section 7.06 of the State's Attorneys | 19 | | Appellate Prosecutor's Act. | 20 | | (16) "Commerce Commission police officer" means any | 21 | | person employed by the Illinois Commerce Commission who is | 22 | | vested with such law enforcement duties as render him | 23 | | ineligible for coverage under the Social Security Act by | 24 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and | 25 | | 218(l)(1) of that Act. | 26 | | (17) "Arson investigator" means any person who is |
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| 1 | | employed as such by the Office of the State Fire Marshal | 2 | | and is vested with such law enforcement duties as render | 3 | | the person ineligible for coverage under the Social | 4 | | Security Act by reason of Sections 218(d)(5)(A), | 5 | | 218(d)(8)(D), and 218(l)(1) of that Act. A person who was | 6 | | employed as an arson investigator on January 1, 1995 and | 7 | | is no longer in service but not yet receiving a retirement | 8 | | annuity may convert his or her creditable service for | 9 | | employment as an arson investigator into eligible | 10 | | creditable service by paying to the System the difference | 11 | | between the employee contributions actually paid for that | 12 | | service and the amounts that would have been contributed | 13 | | if the applicant were contributing at the rate applicable | 14 | | to persons with the same social security status earning | 15 | | eligible creditable service on the date of application. | 16 | | (18) The term "State highway maintenance worker" means | 17 | | a person who is either of the following: | 18 | | (i) A person employed on a full-time basis by the | 19 | | Illinois Department of Transportation in the position | 20 | | of highway maintainer, highway maintenance lead | 21 | | worker, highway maintenance lead/lead worker, sign | 22 | | hanger, sign hanger foreman, heavy construction | 23 | | equipment operator, power shovel operator, or bridge | 24 | | mechanic; and whose principal responsibility is to | 25 | | perform, on the roadway, the actual maintenance | 26 | | necessary to keep the highways that form a part of the |
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| 1 | | State highway system in serviceable condition for | 2 | | vehicular traffic. | 3 | | (ii) A person employed on a full-time basis by the | 4 | | Illinois State Toll Highway Authority in the position | 5 | | of equipment operator/laborer H-4, equipment | 6 | | operator/laborer H-6, welder H-4, welder H-6, | 7 | | mechanical/electrical H-4, mechanical/electrical H-6, | 8 | | water/sewer H-4, water/sewer H-6, sign maker/hanger | 9 | | H-4, sign maker/hanger H-6, roadway lighting H-4, | 10 | | roadway lighting H-6, structural H-4, structural H-6, | 11 | | painter H-4, or painter H-6; and whose principal | 12 | | responsibility is to perform, on the roadway, the | 13 | | actual maintenance necessary to keep the Authority's | 14 | | tollways in serviceable condition for vehicular | 15 | | traffic. | 16 | | The changes to this item (18) made by this amendatory | 17 | | Act of the 103rd General Assembly apply without regard to | 18 | | whether the member was in service on or after its | 19 | | effective date, but do not entitle any person to | 20 | | recalculation of any pension or other benefit already | 21 | | granted. | 22 | | (19) The term "security employee of the Department of | 23 | | Innovation and Technology" means a person who was a | 24 | | security employee of the Department of Corrections or the | 25 | | Department of Juvenile Justice, was transferred to the | 26 | | Department of Innovation and Technology pursuant to |
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| 1 | | Executive Order 2016-01, and continues to perform similar | 2 | | job functions under that Department. | 3 | | (20) "Transferred employee" means an employee who was | 4 | | transferred to the Department of Central Management | 5 | | Services by Executive Order No. 2003-10 or Executive Order | 6 | | No. 2004-2 or transferred to the Department of Innovation | 7 | | and Technology by Executive Order No. 2016-1, or both, and | 8 | | was entitled to eligible creditable service for services | 9 | | immediately preceding the transfer. | 10 | | (d) A security employee of the Department of Corrections | 11 | | or the Department of Juvenile Justice, a security employee of | 12 | | the Department of Human Services who is not a mental health | 13 | | police officer, and a security employee of the Department of | 14 | | Innovation and Technology shall not be eligible for the | 15 | | alternative retirement annuity provided by this Section unless | 16 | | he or she meets the following minimum age and service | 17 | | requirements at the time of retirement: | 18 | | (i) 25 years of eligible creditable service and age | 19 | | 55; or | 20 | | (ii) beginning January 1, 1987, 25 years of eligible | 21 | | creditable service and age 54, or 24 years of eligible | 22 | | creditable service and age 55; or | 23 | | (iii) beginning January 1, 1988, 25 years of eligible | 24 | | creditable service and age 53, or 23 years of eligible | 25 | | creditable service and age 55; or | 26 | | (iv) beginning January 1, 1989, 25 years of eligible |
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| 1 | | creditable service and age 52, or 22 years of eligible | 2 | | creditable service and age 55; or | 3 | | (v) beginning January 1, 1990, 25 years of eligible | 4 | | creditable service and age 51, or 21 years of eligible | 5 | | creditable service and age 55; or | 6 | | (vi) beginning January 1, 1991, 25 years of eligible | 7 | | creditable service and age 50, or 20 years of eligible | 8 | | creditable service and age 55. | 9 | | Persons who have service credit under Article 16 of this | 10 | | Code for service as a security employee of the Department of | 11 | | Corrections or the Department of Juvenile Justice, or the | 12 | | Department of Human Services in a position requiring | 13 | | certification as a teacher may count such service toward | 14 | | establishing their eligibility under the service requirements | 15 | | of this Section; but such service may be used only for | 16 | | establishing such eligibility, and not for the purpose of | 17 | | increasing or calculating any benefit. | 18 | | (e) If a member enters military service while working in a | 19 | | position in which eligible creditable service may be earned, | 20 | | and returns to State service in the same or another such | 21 | | position, and fulfills in all other respects the conditions | 22 | | prescribed in this Article for credit for military service, | 23 | | such military service shall be credited as eligible creditable | 24 | | service for the purposes of the retirement annuity prescribed | 25 | | in this Section. | 26 | | (f) For purposes of calculating retirement annuities under |
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| 1 | | this Section, periods of service rendered after December 31, | 2 | | 1968 and before October 1, 1975 as a covered employee in the | 3 | | position of special agent, conservation police officer, mental | 4 | | health police officer, or investigator for the Secretary of | 5 | | State, shall be deemed to have been service as a noncovered | 6 | | employee, provided that the employee pays to the System prior | 7 | | to retirement an amount equal to (1) the difference between | 8 | | the employee contributions that would have been required for | 9 | | such service as a noncovered employee, and the amount of | 10 | | employee contributions actually paid, plus (2) if payment is | 11 | | made after July 31, 1987, regular interest on the amount | 12 | | specified in item (1) from the date of service to the date of | 13 | | payment. | 14 | | For purposes of calculating retirement annuities under | 15 | | this Section, periods of service rendered after December 31, | 16 | | 1968 and before January 1, 1982 as a covered employee in the | 17 | | position of investigator for the Department of Revenue shall | 18 | | be deemed to have been service as a noncovered employee, | 19 | | provided that the employee pays to the System prior to | 20 | | retirement an amount equal to (1) the difference between the | 21 | | employee contributions that would have been required for such | 22 | | service as a noncovered employee, and the amount of employee | 23 | | contributions actually paid, plus (2) if payment is made after | 24 | | January 1, 1990, regular interest on the amount specified in | 25 | | item (1) from the date of service to the date of payment. | 26 | | (g) A State policeman may elect, not later than January 1, |
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| 1 | | 1990, to establish eligible creditable service for up to 10 | 2 | | years of his service as a policeman under Article 3, by filing | 3 | | a written election with the Board, accompanied by payment of | 4 | | 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 Section 3-110.5, | 7 | | and the amounts that would have been contributed had such | 8 | | contributions been made at the rates applicable to State | 9 | | policemen, plus (ii) interest thereon at the effective rate | 10 | | for each year, compounded annually, from the date of service | 11 | | to the date of payment. | 12 | | Subject to the limitation in subsection (i), a State | 13 | | policeman may elect, not later than July 1, 1993, to establish | 14 | | eligible creditable service for up to 10 years of his service | 15 | | as a member of the County Police Department under Article 9, by | 16 | | filing a written election with the Board, accompanied by | 17 | | payment of an amount to be determined by the Board, equal to | 18 | | (i) the difference between the amount of employee and employer | 19 | | contributions transferred to the System under Section 9-121.10 | 20 | | and the amounts that would have been contributed had those | 21 | | contributions been made at the rates applicable to State | 22 | | policemen, plus (ii) interest thereon at the effective rate | 23 | | for each year, compounded annually, from the date of service | 24 | | to the date of payment. | 25 | | (h) Subject to the limitation in subsection (i), a State | 26 | | policeman or investigator for the Secretary of State may elect |
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| 1 | | to establish eligible creditable service for up to 12 years of | 2 | | his service as a policeman under Article 5, by filing a written | 3 | | election with the Board on or before January 31, 1992, and | 4 | | paying to the System by January 31, 1994 an amount to be | 5 | | determined by the Board, equal to (i) the difference between | 6 | | the amount of employee and employer contributions transferred | 7 | | to the System under Section 5-236, and the amounts that would | 8 | | have been contributed had such contributions been made at the | 9 | | rates applicable to State policemen, plus (ii) interest | 10 | | thereon at the effective rate for each year, compounded | 11 | | annually, from the date of service to the date of payment. | 12 | | Subject to the limitation in subsection (i), a State | 13 | | policeman, conservation police officer, or investigator for | 14 | | the Secretary of State may elect to establish eligible | 15 | | creditable service for up to 10 years of service as a sheriff's | 16 | | law enforcement employee under Article 7, by filing a written | 17 | | election with the Board on or before January 31, 1993, and | 18 | | paying to the System by January 31, 1994 an amount to be | 19 | | determined by the Board, equal to (i) the difference between | 20 | | the amount of employee and employer contributions transferred | 21 | | to the System under Section 7-139.7, and the amounts that | 22 | | would have been contributed had such contributions been made | 23 | | at the rates applicable to State policemen, plus (ii) interest | 24 | | thereon at the effective rate for each year, compounded | 25 | | annually, from the date 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, or investigator for | 2 | | the Secretary of State may elect to establish eligible | 3 | | creditable service for up to 5 years of service as a police | 4 | | officer under Article 3, a policeman under Article 5, a | 5 | | sheriff's law enforcement employee under Article 7, a member | 6 | | of the county police department under Article 9, or a police | 7 | | officer under Article 15 by filing a written election with the | 8 | | Board and paying to the System an amount to be determined by | 9 | | the Board, equal to (i) the difference between the amount of | 10 | | employee and employer contributions transferred to the System | 11 | | under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 12 | | and the amounts that would have been contributed had such | 13 | | contributions been made at the rates applicable to State | 14 | | policemen, plus (ii) interest thereon at the effective rate | 15 | | for each year, compounded annually, from the date of service | 16 | | to the date of payment. | 17 | | Subject to the limitation in subsection (i), an | 18 | | investigator for the Office of the Attorney General, or an | 19 | | investigator for the Department of Revenue, may elect to | 20 | | establish eligible creditable service for up to 5 years of | 21 | | service as a police officer under Article 3, a policeman under | 22 | | Article 5, a sheriff's law enforcement employee under Article | 23 | | 7, or a member of the county police department under Article 9 | 24 | | by filing a written election with the Board within 6 months | 25 | | after August 25, 2009 (the effective date of Public Act | 26 | | 96-745) and paying to the System an amount to be determined by |
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| 1 | | the Board, equal to (i) the difference between the amount of | 2 | | employee and employer contributions transferred to the System | 3 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 4 | | amounts that would have been contributed had such | 5 | | contributions been made at the rates applicable to State | 6 | | policemen, plus (ii) interest thereon at the actuarially | 7 | | assumed rate for each year, compounded annually, from the date | 8 | | of service to the date of payment. | 9 | | Subject to the limitation in subsection (i), a State | 10 | | policeman, conservation police officer, investigator for the | 11 | | Office of the Attorney General, an investigator for the | 12 | | Department of Revenue, or investigator for the Secretary of | 13 | | State may elect to establish eligible creditable service for | 14 | | up to 5 years of service as a person employed by a | 15 | | participating municipality to perform police duties, or law | 16 | | enforcement officer employed on a full-time basis by a forest | 17 | | preserve district under Article 7, a county corrections | 18 | | officer, or a court services officer under Article 9, by | 19 | | filing a written election with the Board within 6 months after | 20 | | August 25, 2009 (the effective date of Public Act 96-745) and | 21 | | paying to the System an amount to be determined by the Board, | 22 | | equal to (i) the difference between the amount of employee and | 23 | | employer contributions transferred to the System under | 24 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 25 | | been contributed had such contributions been made at the rates | 26 | | applicable to State policemen, plus (ii) interest thereon at |
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| 1 | | the actuarially assumed rate for each year, compounded | 2 | | annually, from the date of service to the date of payment. | 3 | | Subject to the limitation in subsection (i), a State | 4 | | policeman, arson investigator, or Commerce Commission police | 5 | | officer may elect to establish eligible creditable service for | 6 | | up to 5 years of service as a person employed by a | 7 | | participating municipality to perform police duties under | 8 | | Article 7, a county corrections officer, a court services | 9 | | officer under Article 9, or a firefighter under Article 4 by | 10 | | filing a written election with the Board within 6 months after | 11 | | July 30, 2021 (the effective date of Public Act 102-210) 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 4-108.8, 7-139.8, and 9-121.10 and the amounts that | 16 | | would have been contributed had such contributions been made | 17 | | at the rates applicable to State policemen, plus (ii) interest | 18 | | thereon at the actuarially assumed rate for each year, | 19 | | compounded annually, from the date of service to the date of | 20 | | payment. | 21 | | Subject to the limitation in subsection (i), a | 22 | | conservation police officer may elect to establish eligible | 23 | | creditable service for up to 5 years of service as a person | 24 | | employed by a participating municipality to perform police | 25 | | duties under Article 7, a county corrections officer, or a | 26 | | court services officer under Article 9 by filing a written |
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| 1 | | election with the Board within 6 months after July 30, 2021 | 2 | | (the effective date of Public Act 102-210) and paying to the | 3 | | System an amount to be determined by the Board equal to (i) the | 4 | | difference between the amount of employee and employer | 5 | | contributions transferred to the System under Sections 7-139.8 | 6 | | and 9-121.10 and the amounts that would have been contributed | 7 | | had such contributions been made at the rates applicable to | 8 | | State policemen, plus (ii) interest thereon at the actuarially | 9 | | assumed rate for each year, compounded annually, from the date | 10 | | of service to the date of payment. | 11 | | Notwithstanding the limitation in subsection (i), a State | 12 | | policeman or conservation police officer may elect to convert | 13 | | service credit earned under this Article to eligible | 14 | | creditable service, as defined by this Section, by filing a | 15 | | written election with the board within 6 months after July 30, | 16 | | 2021 (the effective date of Public Act 102-210) and paying to | 17 | | the System an amount to be determined by the Board equal to (i) | 18 | | the difference between the amount of employee contributions | 19 | | originally paid for that service and the amounts that would | 20 | | have been contributed had such contributions been made at the | 21 | | rates applicable to State policemen, plus (ii) the difference | 22 | | between the employer's normal cost of the credit prior to the | 23 | | conversion authorized by Public Act 102-210 and the employer's | 24 | | normal cost of the credit converted in accordance with Public | 25 | | Act 102-210, plus (iii) 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 | | (i) The total amount of eligible creditable service | 3 | | established by any person under subsections (g), (h), (j), | 4 | | (k), (l), (l-5), (o), and (p) of this Section shall not exceed | 5 | | 12 years. | 6 | | (j) Subject to the limitation in subsection (i), an | 7 | | investigator for the Office of the State's Attorneys Appellate | 8 | | Prosecutor or a controlled substance inspector may elect to | 9 | | establish eligible creditable service for up to 10 years of | 10 | | his service as a policeman under Article 3 or a sheriff's law | 11 | | enforcement employee under Article 7, by filing a written | 12 | | election with the Board, accompanied by payment of an amount | 13 | | to be determined by the Board, equal to (1) the difference | 14 | | between the amount of employee and employer contributions | 15 | | transferred to the System under Section 3-110.6 or 7-139.8, | 16 | | and the amounts that would have been contributed had such | 17 | | contributions been made at the rates applicable to State | 18 | | policemen, plus (2) interest thereon at the effective rate for | 19 | | each year, compounded annually, from the date of service to | 20 | | the date of payment. | 21 | | (k) Subject to the limitation in subsection (i) of this | 22 | | Section, an alternative formula employee may elect to | 23 | | establish eligible creditable service for periods spent as a | 24 | | full-time law enforcement officer or full-time corrections | 25 | | officer employed by the federal government or by a state or | 26 | | local government located outside of Illinois, for which credit |
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| 1 | | is not held in any other public employee pension fund or | 2 | | retirement system. To obtain this credit, the applicant must | 3 | | file a written application with the Board by March 31, 1998, | 4 | | accompanied by evidence of eligibility acceptable to the Board | 5 | | and payment of an amount to be determined by the Board, equal | 6 | | to (1) employee contributions for the credit being | 7 | | established, based upon the applicant's salary on the first | 8 | | day as an alternative formula employee after the employment | 9 | | for which credit is being established and the rates then | 10 | | applicable to alternative formula employees, plus (2) an | 11 | | amount determined by the Board to be the employer's normal | 12 | | cost of the benefits accrued for the credit being established, | 13 | | plus (3) regular interest on the amounts in items (1) and (2) | 14 | | from the first day as an alternative formula employee after | 15 | | the employment for which credit is being established to the | 16 | | date of payment. | 17 | | (l) Subject to the limitation in subsection (i), a | 18 | | security employee of the Department of Corrections may elect, | 19 | | not later than July 1, 1998, to establish eligible creditable | 20 | | service for up to 10 years of his or her service as a policeman | 21 | | under Article 3, by filing a written election with the Board, | 22 | | accompanied by payment of an amount to be determined by the | 23 | | Board, equal to (i) the difference between the amount of | 24 | | employee and employer contributions transferred to the System | 25 | | under Section 3-110.5, and the amounts that would have been | 26 | | contributed had such contributions been made at the rates |
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| 1 | | applicable to security employees of the Department of | 2 | | Corrections, plus (ii) interest thereon at the effective rate | 3 | | for each year, compounded annually, from the date of service | 4 | | to the date of payment. | 5 | | (l-5) Subject to the limitation in subsection (i) of this | 6 | | Section, a State policeman may elect to establish eligible | 7 | | creditable service for up to 5 years of service as a full-time | 8 | | law enforcement officer employed by the federal government or | 9 | | by a state or local government located outside of Illinois for | 10 | | which credit is not held in any other public employee pension | 11 | | fund or retirement system. To obtain this credit, the | 12 | | applicant must file a written application with the Board no | 13 | | later than 3 years after January 1, 2020 (the effective date of | 14 | | Public Act 101-610), accompanied by evidence of eligibility | 15 | | acceptable to the Board and payment of an amount to be | 16 | | determined by the Board, equal to (1) employee contributions | 17 | | for the credit being established, based upon the applicant's | 18 | | salary on the first day as an alternative formula employee | 19 | | after the employment for which credit is being established and | 20 | | the rates then applicable to alternative formula employees, | 21 | | plus (2) an amount determined by the Board to be the employer's | 22 | | normal cost of the benefits accrued for the credit being | 23 | | established, plus (3) regular interest on the amounts in items | 24 | | (1) and (2) from the first day as an alternative formula | 25 | | employee after the employment for which credit is being | 26 | | established to the date of payment. |
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| 1 | | (m) The amendatory changes to this Section made by Public | 2 | | Act 94-696 apply only to: (1) security employees of the | 3 | | Department of Juvenile Justice employed by the Department of | 4 | | Corrections before June 1, 2006 (the effective date of Public | 5 | | Act 94-696) and transferred to the Department of Juvenile | 6 | | Justice by Public Act 94-696; and (2) persons employed by the | 7 | | Department of Juvenile Justice on or after June 1, 2006 (the | 8 | | effective date of Public Act 94-696) who are required by | 9 | | subsection (b) of Section 3-2.5-15 of the Unified Code of | 10 | | Corrections to have any bachelor's or advanced degree from an | 11 | | accredited college or university or, in the case of persons | 12 | | who provide vocational training, who are required to have | 13 | | adequate knowledge in the skill for which they are providing | 14 | | the vocational training. | 15 | | (n) A person employed in a position under subsection (b) | 16 | | of this Section who has purchased service credit under | 17 | | subsection (j) of Section 14-104 or subsection (b) of Section | 18 | | 14-105 in any other capacity under this Article may convert up | 19 | | to 5 years of that service credit into service credit covered | 20 | | under this Section by paying to the Fund an amount equal to (1) | 21 | | the additional employee contribution required under Section | 22 | | 14-133, plus (2) the additional employer contribution required | 23 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 24 | | the actuarially assumed rate from the date of the service to | 25 | | the date of payment. | 26 | | (o) Subject to the limitation in subsection (i), a |
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| 1 | | conservation police officer, investigator for the Secretary of | 2 | | State, Commerce Commission police officer, investigator for | 3 | | the Department of Revenue or the Illinois Gaming Board, or | 4 | | arson investigator subject to subsection (g) of Section 1-160 | 5 | | may elect to convert up to 8 years of service credit | 6 | | established before January 1, 2020 (the effective date of | 7 | | Public Act 101-610) as a conservation police officer, | 8 | | investigator for the Secretary of State, Commerce Commission | 9 | | police officer, investigator for the Department of Revenue or | 10 | | the Illinois Gaming Board, or arson investigator under this | 11 | | Article into eligible creditable service by filing a written | 12 | | election with the Board no later than one year after January 1, | 13 | | 2020 (the effective date of Public Act 101-610), accompanied | 14 | | by payment of an amount to be determined by the Board equal to | 15 | | (i) the difference between the amount of the employee | 16 | | contributions actually paid for that service and the amount of | 17 | | the employee contributions that would have been paid had the | 18 | | employee contributions been made as a noncovered employee | 19 | | serving in a position in which eligible creditable service, as | 20 | | defined in this Section, may be earned, plus (ii) interest | 21 | | thereon at the effective rate for each year, compounded | 22 | | annually, from the date of service to the date of payment. | 23 | | (p) Subject to the limitation in subsection (i), an | 24 | | investigator for the Office of the Attorney General subject to | 25 | | subsection (g) of Section 1-160 may elect to convert up to 8 | 26 | | years of service credit established before the effective date |
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| 1 | | of this amendatory Act of the 102nd General Assembly as an | 2 | | investigator for the Office of the Attorney General under this | 3 | | Article into eligible creditable service by filing a written | 4 | | election with the Board no later than one year after the | 5 | | effective date of this amendatory Act of the 102nd General | 6 | | Assembly, accompanied by payment of an amount to be determined | 7 | | by the Board equal to (i) the difference between the amount of | 8 | | the employee contributions actually paid for that service and | 9 | | the amount of the employee contributions that would have been | 10 | | paid had the employee contributions been made as a noncovered | 11 | | employee serving in a position in which eligible creditable | 12 | | service, as defined in this Section, may be earned, plus (ii) | 13 | | interest thereon at the effective rate for each year, | 14 | | compounded annually, from the date of service to the date of | 15 | | payment. | 16 | | (q) A person who is employed on a full-time basis by the | 17 | | Illinois Department of Transportation in the position of sign | 18 | | hanger or sign hanger foreman may elect to convert service | 19 | | credit earned under this Article to eligible creditable | 20 | | service by filing a written election with the Board and paying | 21 | | to the System an amount to be determined by the Board equal to | 22 | | (i) the difference between the amount of employee | 23 | | contributions originally paid for that service and the amounts | 24 | | that would have been contributed had such contributions been | 25 | | made at the rates applicable to State highway maintenance | 26 | | workers, plus (ii) the difference between the employer's |
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| 1 | | normal cost of the credit prior to the conversion authorized | 2 | | by this amendatory Act of the 103rd General Assembly and the | 3 | | employer's normal cost of the credit converted in accordance | 4 | | with this amendatory Act of the 103rd General Assembly, plus | 5 | | (iii) interest thereon at the actuarially assumed rate for | 6 | | each year, compounded annually, from the date of service to | 7 | | the date of payment. | 8 | | (Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21; | 9 | | 102-956, eff. 5-27-22 ; 103-34, eff. 1-1-24 .) | 10 | | (40 ILCS 5/14-152.1) | 11 | | Sec. 14-152.1. Application and expiration of new benefit | 12 | | increases. | 13 | | (a) As used in this Section, "new benefit increase" means | 14 | | an increase in the amount of any benefit provided under this | 15 | | Article, or an expansion of the conditions of eligibility for | 16 | | any benefit under this Article, that results from an amendment | 17 | | to this Code that takes effect after June 1, 2005 (the | 18 | | effective date of Public Act 94-4). "New benefit increase", | 19 | | however, does not include any benefit increase resulting from | 20 | | the changes made to Article 1 or this Article by Public Act | 21 | | 96-37, Public Act 100-23, Public Act 100-587, Public Act | 22 | | 100-611, Public Act 101-10, Public Act 101-610, Public Act | 23 | | 102-210, Public Act 102-856, Public Act 102-956, or this | 24 | | amendatory Act of the 103rd General Assembly this amendatory | 25 | | Act of the 102nd General Assembly . |
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| 1 | | (b) Notwithstanding any other provision of this Code or | 2 | | any subsequent amendment to this Code, every new benefit | 3 | | increase is subject to this Section and shall be deemed to be | 4 | | granted only in conformance with and contingent upon | 5 | | compliance with the provisions of this Section. | 6 | | (c) The Public Act enacting a new benefit increase must | 7 | | identify and provide for payment to the System of additional | 8 | | funding at least sufficient to fund the resulting annual | 9 | | increase in cost to the System as it accrues. | 10 | | Every new benefit increase is contingent upon the General | 11 | | Assembly providing the additional funding required under this | 12 | | subsection. The Commission on Government Forecasting and | 13 | | Accountability shall analyze whether adequate additional | 14 | | funding has been provided for the new benefit increase and | 15 | | shall report its analysis to the Public Pension Division of | 16 | | the Department of Insurance. A new benefit increase created by | 17 | | a Public Act that does not include the additional funding | 18 | | required under this subsection is null and void. If the Public | 19 | | Pension Division determines that the additional funding | 20 | | provided for a new benefit increase under this subsection is | 21 | | or has become inadequate, it may so certify to the Governor and | 22 | | the State Comptroller and, in the absence of corrective action | 23 | | by the General Assembly, the new benefit increase shall expire | 24 | | at the end of the fiscal year in which the certification is | 25 | | made. | 26 | | (d) Every new benefit increase shall expire 5 years after |
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| 1 | | its effective date or on such earlier date as may be specified | 2 | | in the language enacting the new benefit increase or provided | 3 | | under subsection (c). This does not prevent the General | 4 | | Assembly from extending or re-creating a new benefit increase | 5 | | by law. | 6 | | (e) Except as otherwise provided in the language creating | 7 | | the new benefit increase, a new benefit increase that expires | 8 | | under this Section continues to apply to persons who applied | 9 | | and qualified for the affected benefit while the new benefit | 10 | | increase was in effect and to the affected beneficiaries and | 11 | | alternate payees of such persons, but does not apply to any | 12 | | other person, including, without limitation, a person who | 13 | | continues in service after the expiration date and did not | 14 | | apply and qualify for the affected benefit while the new | 15 | | benefit increase was in effect. | 16 | | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | 17 | | 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff. | 18 | | 1-1-23; 102-956, eff. 5-27-22 .) | 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law. |
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