Full Text of SB1519 100th General Assembly
SB1519enr 100TH GENERAL ASSEMBLY |
| | SB1519 Enrolled | | LRB100 05700 RLC 20666 b |
|
| 1 | | AN ACT concerning the Department of Juvenile Justice.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Section 14-110 as follows:
| 6 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 7 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 8 | | which has been
held unconstitutional)
| 9 | | Sec. 14-110. Alternative retirement annuity.
| 10 | | (a) Any member who has withdrawn from service with not less | 11 | | than 20
years of eligible creditable service and has attained | 12 | | age 55, and any
member who has withdrawn from service with not | 13 | | less than 25 years of
eligible creditable service and has | 14 | | attained age 50, regardless of whether
the attainment of either | 15 | | of the specified ages occurs while the member is
still in | 16 | | service, shall be entitled to receive at the option of the | 17 | | member,
in lieu of the regular or minimum retirement annuity, a | 18 | | retirement annuity
computed as follows:
| 19 | | (i) for periods of service as a noncovered employee:
if | 20 | | retirement occurs on or after January 1, 2001, 3% of final
| 21 | | average compensation for each year of creditable service; | 22 | | if retirement occurs
before January 1, 2001, 2 1/4% of | 23 | | final average compensation for each of the
first 10 years |
| | | SB1519 Enrolled | - 2 - | LRB100 05700 RLC 20666 b |
|
| 1 | | of creditable service, 2 1/2% for each year above 10 years | 2 | | to
and including 20 years of creditable service, and 2 3/4% | 3 | | for each year of
creditable service above 20 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 one | 24 | | or more of the following
positions:
| 25 | | (1) State policeman;
| 26 | | (2) fire fighter in the fire protection service of a |
| | | SB1519 Enrolled | - 3 - | LRB100 05700 RLC 20666 b |
|
| 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 Department of 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 | | A person employed in one of the positions specified in this | 25 | | subsection is
entitled to eligible creditable service for | 26 | | service credit earned under this
Article while undergoing the |
| | | SB1519 Enrolled | - 4 - | LRB100 05700 RLC 20666 b |
|
| 1 | | basic police training course approved by the
Illinois Law | 2 | | Enforcement Training
Standards Board, if
completion of that | 3 | | training is required of persons serving in that position.
For | 4 | | the purposes of this Code, service during the required basic | 5 | | police
training course shall be deemed performance of the | 6 | | duties of the specified
position, even though the person is not | 7 | | a sworn peace officer at the time of
the training.
| 8 | | (c) For the purposes of this Section:
| 9 | | (1) The term "state policeman" includes any title or | 10 | | position
in the Department of State Police that is held by | 11 | | an individual employed
under the State Police Act.
| 12 | | (2) The term "fire fighter in the fire protection | 13 | | service of a
department" includes all officers in such fire | 14 | | protection service
including fire chiefs and assistant | 15 | | fire chiefs.
| 16 | | (3) The term "air pilot" includes any employee whose | 17 | | official job
description on file in the Department of | 18 | | Central Management Services, or
in the department by which | 19 | | he is employed if that department is not covered
by the | 20 | | Personnel Code, states that his principal duty is the | 21 | | operation of
aircraft, and who possesses a pilot's license; | 22 | | however, the change in this
definition made by this | 23 | | amendatory Act of 1983 shall not operate to exclude
any | 24 | | noncovered employee who was an "air pilot" for the purposes | 25 | | of this
Section on January 1, 1984.
| 26 | | (4) The term "special agent" means any person who by |
| | | SB1519 Enrolled | - 5 - | LRB100 05700 RLC 20666 b |
|
| 1 | | reason of
employment by the Division of Narcotic Control, | 2 | | the Bureau of Investigation
or, after July 1, 1977, the | 3 | | Division of Criminal Investigation, the
Division of | 4 | | Internal Investigation, the Division of Operations, or any
| 5 | | other Division or organizational
entity in the Department | 6 | | of State Police is vested by law with duties to
maintain | 7 | | public order, investigate violations of the criminal law of | 8 | | this
State, enforce the laws of this State, make arrests | 9 | | and recover property.
The term "special agent" includes any | 10 | | title or position in the Department
of State Police that is | 11 | | held by an individual employed under the State
Police Act.
| 12 | | (5) The term "investigator for the Secretary of State" | 13 | | means any person
employed by the Office of the Secretary of | 14 | | State and vested with such
investigative duties as render | 15 | | him ineligible for coverage under the Social
Security Act | 16 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 17 | | 218(l)(1)
of that Act.
| 18 | | A person who became employed as an investigator for the | 19 | | Secretary of
State between January 1, 1967 and December 31, | 20 | | 1975, and who has served as
such until attainment of age | 21 | | 60, either continuously or with a single break
in service | 22 | | of not more than 3 years duration, which break terminated | 23 | | before
January 1, 1976, shall be entitled to have his | 24 | | retirement annuity
calculated in accordance with | 25 | | subsection (a), notwithstanding
that he has less than 20 | 26 | | years of credit for such service.
|
| | | SB1519 Enrolled | - 6 - | LRB100 05700 RLC 20666 b |
|
| 1 | | (6) The term "Conservation Police Officer" means any | 2 | | person employed
by the Division of Law Enforcement of the | 3 | | Department of Natural Resources and
vested with such law | 4 | | enforcement duties as render him ineligible for coverage
| 5 | | under the Social Security Act by reason of Sections | 6 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 7 | | term "Conservation Police Officer" includes
the positions | 8 | | of Chief Conservation Police Administrator and Assistant
| 9 | | Conservation Police Administrator.
| 10 | | (7) The term "investigator for the Department of | 11 | | Revenue" means any
person employed by the Department of | 12 | | Revenue and vested with such
investigative duties as render | 13 | | him ineligible for coverage under the Social
Security Act | 14 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 15 | | 218(l)(1)
of that Act.
| 16 | | The term "investigator for the Illinois Gaming Board" | 17 | | means any
person employed as such by the Illinois Gaming | 18 | | Board and vested with such
peace officer duties as render | 19 | | the person ineligible for coverage under the Social
| 20 | | Security Act by reason of Sections 218(d)(5)(A), | 21 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 22 | | (8) The term "security employee of the Department of | 23 | | Human Services"
means any person employed by the Department | 24 | | of Human Services who (i) is
employed at the Chester Mental | 25 | | Health Center and has daily contact with the
residents | 26 | | thereof, (ii) is employed within a security unit at a |
| | | SB1519 Enrolled | - 7 - | LRB100 05700 RLC 20666 b |
|
| 1 | | facility
operated by the Department and has daily contact | 2 | | with the residents of the
security unit, (iii) is employed | 3 | | at a facility operated by the Department
that includes a | 4 | | security unit and is regularly scheduled to work at least
| 5 | | 50% of his or her working hours within that security unit, | 6 | | or (iv) is a mental health police officer.
"Mental health | 7 | | police officer" means any person employed by the Department | 8 | | of
Human Services in a position pertaining to the | 9 | | Department's mental health and
developmental disabilities | 10 | | functions who is vested with such law enforcement
duties as | 11 | | render the person ineligible for coverage under the Social | 12 | | Security
Act by reason of Sections 218(d)(5)(A), | 13 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 14 | | means that portion of a facility that is devoted to
the | 15 | | care, containment, and treatment of persons committed to | 16 | | the Department of
Human Services as sexually violent | 17 | | persons, persons unfit to stand trial, or
persons not | 18 | | guilty by reason of insanity. With respect to past | 19 | | employment,
references to the Department of Human Services | 20 | | include its predecessor, the
Department of Mental Health | 21 | | and Developmental Disabilities.
| 22 | | The changes made to this subdivision (c)(8) by Public | 23 | | Act 92-14 apply to persons who retire on or after January | 24 | | 1,
2001, notwithstanding Section 1-103.1.
| 25 | | (9) "Central Management Services security police | 26 | | officer" means any
person employed by the Department of |
| | | SB1519 Enrolled | - 8 - | LRB100 05700 RLC 20666 b |
|
| 1 | | Central Management Services who is
vested with such law | 2 | | enforcement duties as render him ineligible for
coverage | 3 | | under the Social Security Act by reason of Sections | 4 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 5 | | (10) For a member who first became an employee under | 6 | | this Article before July 1, 2005, the term "security | 7 | | employee of the Department of Corrections or the Department | 8 | | of Juvenile Justice"
means any employee of the Department | 9 | | of Corrections or the Department of Juvenile Justice or the | 10 | | former
Department of Personnel, and any member or employee | 11 | | of the Prisoner
Review Board, who has daily contact with | 12 | | inmates or youth by working within a
correctional facility | 13 | | or Juvenile facility operated by the Department of Juvenile | 14 | | Justice or who is a parole officer or an employee who has
| 15 | | direct contact with committed persons in the performance of | 16 | | his or her
job duties. For a member who first becomes an | 17 | | employee under this Article on or after July 1, 2005, the | 18 | | term means an employee of the Department of Corrections or | 19 | | the Department of Juvenile Justice who is any of the | 20 | | following: (i) officially headquartered at a correctional | 21 | | facility or Juvenile facility operated by the Department of | 22 | | Juvenile Justice, (ii) a parole officer, (iii) a member of | 23 | | the apprehension unit, (iv) a member of the intelligence | 24 | | unit, (v) a member of the sort team, or (vi) an | 25 | | investigator.
| 26 | | (11) The term "dangerous drugs investigator" means any |
| | | SB1519 Enrolled | - 9 - | LRB100 05700 RLC 20666 b |
|
| 1 | | person who is
employed as such by the Department of Human | 2 | | Services.
| 3 | | (12) The term "investigator for the Department of State | 4 | | Police" means
a person employed by the Department of State | 5 | | Police who is vested under
Section 4 of the Narcotic | 6 | | Control Division Abolition Act with such
law enforcement | 7 | | powers as render him ineligible for coverage under the
| 8 | | Social Security Act by reason of Sections 218(d)(5)(A), | 9 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 10 | | (13) "Investigator for the Office of the Attorney | 11 | | General" means any
person who is employed as such by the | 12 | | Office of the Attorney General and
is vested with such | 13 | | investigative 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. For | 16 | | the period before January 1,
1989, the term includes all | 17 | | persons who were employed as investigators by the
Office of | 18 | | the Attorney General, without regard to social security | 19 | | status.
| 20 | | (14) "Controlled substance inspector" means any person | 21 | | who is employed
as such by the Department of Professional | 22 | | Regulation and is vested with such
law enforcement duties | 23 | | as render him ineligible for coverage under the Social
| 24 | | Security Act by reason of Sections 218(d)(5)(A), | 25 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 26 | | "controlled substance inspector" includes the Program
|
| | | SB1519 Enrolled | - 10 - | LRB100 05700 RLC 20666 b |
|
| 1 | | Executive of Enforcement and the Assistant Program | 2 | | Executive of Enforcement.
| 3 | | (15) The term "investigator for the Office of the | 4 | | State's Attorneys
Appellate Prosecutor" means a person | 5 | | employed in that capacity on a full
time basis under the | 6 | | authority of Section 7.06 of the State's Attorneys
| 7 | | Appellate Prosecutor's Act.
| 8 | | (16) "Commerce Commission police officer" means any | 9 | | person employed
by the Illinois Commerce Commission who is | 10 | | vested with such law
enforcement duties as render him | 11 | | ineligible for coverage under the Social
Security Act by | 12 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 13 | | 218(l)(1) of that Act.
| 14 | | (17) "Arson investigator" means any person who is | 15 | | employed as such by
the Office of the State Fire Marshal | 16 | | and is vested with such law enforcement
duties as render | 17 | | the person ineligible for coverage under the Social | 18 | | Security
Act by reason of Sections 218(d)(5)(A), | 19 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 20 | | employed as an arson
investigator on January 1, 1995 and is | 21 | | no longer in service but not yet
receiving a retirement | 22 | | annuity may convert his or her creditable service for
| 23 | | employment as an arson investigator into eligible | 24 | | creditable service by paying
to the System the difference | 25 | | between the employee contributions actually paid
for that | 26 | | service and the amounts that would have been contributed if |
| | | SB1519 Enrolled | - 11 - | LRB100 05700 RLC 20666 b |
|
| 1 | | the
applicant were contributing at the rate applicable to | 2 | | persons with the same
social security status earning | 3 | | eligible creditable service on the date of
application.
| 4 | | (18) The term "State highway maintenance worker" means | 5 | | a person who is
either of the following:
| 6 | | (i) A person employed on a full-time basis by the | 7 | | Illinois
Department of Transportation in the position | 8 | | of
highway maintainer,
highway maintenance lead | 9 | | worker,
highway maintenance lead/lead worker,
heavy | 10 | | construction equipment operator,
power shovel | 11 | | operator, or
bridge mechanic; and
whose principal | 12 | | responsibility is to perform, on the roadway, the | 13 | | actual
maintenance necessary to keep the highways that | 14 | | form a part of the State
highway system in serviceable | 15 | | condition for vehicular traffic.
| 16 | | (ii) A person employed on a full-time basis by the | 17 | | Illinois
State Toll Highway Authority in the position | 18 | | of
equipment operator/laborer H-4,
equipment | 19 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 20 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 21 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 22 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 23 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 24 | | painter H-4, or
painter H-6; and
whose principal | 25 | | responsibility is to perform, on the roadway, the | 26 | | actual
maintenance necessary to keep the Authority's |
| | | SB1519 Enrolled | - 12 - | LRB100 05700 RLC 20666 b |
|
| 1 | | tollways in serviceable condition
for vehicular | 2 | | traffic.
| 3 | | (d) A security employee of the Department of Corrections or | 4 | | the Department of Juvenile Justice, and a security
employee of | 5 | | the Department of Human Services who is not a mental health | 6 | | police
officer, shall not be eligible for the alternative | 7 | | retirement annuity provided
by this Section unless he or she | 8 | | meets the following minimum age and service
requirements at the | 9 | | time of retirement:
| 10 | | (i) 25 years of eligible creditable service and age 55; | 11 | | or
| 12 | | (ii) beginning January 1, 1987, 25 years of eligible | 13 | | creditable service
and age 54, or 24 years of eligible | 14 | | creditable service and age 55; or
| 15 | | (iii) beginning January 1, 1988, 25 years of eligible | 16 | | creditable service
and age 53, or 23 years of eligible | 17 | | creditable service and age 55; or
| 18 | | (iv) beginning January 1, 1989, 25 years of eligible | 19 | | creditable service
and age 52, or 22 years of eligible | 20 | | creditable service and age 55; or
| 21 | | (v) beginning January 1, 1990, 25 years of eligible | 22 | | creditable service
and age 51, or 21 years of eligible | 23 | | creditable service and age 55; or
| 24 | | (vi) beginning January 1, 1991, 25 years of eligible | 25 | | creditable service
and age 50, or 20 years of eligible | 26 | | creditable service and age 55.
|
| | | SB1519 Enrolled | - 13 - | LRB100 05700 RLC 20666 b |
|
| 1 | | Persons who have service credit under Article 16 of this | 2 | | Code for service
as a security employee of the Department of | 3 | | Corrections or the Department of Juvenile Justice, or the | 4 | | Department
of Human Services in a position requiring | 5 | | certification as a teacher may
count such service toward | 6 | | establishing their eligibility under the service
requirements | 7 | | of this Section; but such service may be used only for
| 8 | | establishing such eligibility, and not for the purpose of | 9 | | increasing or
calculating any benefit.
| 10 | | (e) If a member enters military service while working in a | 11 | | position in
which eligible creditable service may be earned, | 12 | | and returns to State
service in the same or another such | 13 | | position, and fulfills in all other
respects the conditions | 14 | | prescribed in this Article for credit for military
service, | 15 | | such military service shall be credited as eligible creditable
| 16 | | service for the purposes of the retirement annuity prescribed | 17 | | in this Section.
| 18 | | (f) For purposes of calculating retirement annuities under | 19 | | this
Section, periods of service rendered after December 31, | 20 | | 1968 and before
October 1, 1975 as a covered employee in the | 21 | | position of special agent,
conservation police officer, mental | 22 | | health police officer, or investigator
for the Secretary of | 23 | | State, shall be deemed to have been service as a
noncovered | 24 | | employee, provided that the employee pays to the System prior | 25 | | to
retirement an amount equal to (1) the difference between the | 26 | | employee
contributions that would have been required for such |
| | | SB1519 Enrolled | - 14 - | LRB100 05700 RLC 20666 b |
|
| 1 | | service as a
noncovered employee, and the amount of employee | 2 | | contributions actually
paid, plus (2) if payment is made after | 3 | | July 31, 1987, regular interest
on the amount specified in item | 4 | | (1) from the date of service to the date
of payment.
| 5 | | For purposes of calculating retirement annuities under | 6 | | this Section,
periods of service rendered after December 31, | 7 | | 1968 and before January 1,
1982 as a covered employee in the | 8 | | position of investigator for the
Department of Revenue shall be | 9 | | deemed to have been service as a noncovered
employee, provided | 10 | | that the employee pays to the System prior to retirement
an | 11 | | amount equal to (1) the difference between the employee | 12 | | contributions
that would have been required for such service as | 13 | | a noncovered employee,
and the amount of employee contributions | 14 | | actually paid, plus (2) if payment
is made after January 1, | 15 | | 1990, regular interest on the amount specified in
item (1) from | 16 | | the date of service to the date of payment.
| 17 | | (g) A State policeman may elect, not later than January 1, | 18 | | 1990, to
establish eligible creditable service for up to 10 | 19 | | years of his service as
a policeman under Article 3, by filing | 20 | | a written election with the Board,
accompanied by payment of an | 21 | | amount to be determined by the Board, equal to
(i) the | 22 | | difference between the amount of employee and employer
| 23 | | contributions transferred to the System under Section 3-110.5, | 24 | | and the
amounts that would have been contributed had such | 25 | | contributions been made
at the rates applicable to State | 26 | | policemen, plus (ii) interest thereon at
the effective rate for |
| | | SB1519 Enrolled | - 15 - | LRB100 05700 RLC 20666 b |
|
| 1 | | each year, compounded annually, from the date of
service to the | 2 | | date of payment.
| 3 | | Subject to the limitation in subsection (i), a State | 4 | | policeman may elect,
not later than July 1, 1993, to establish | 5 | | eligible creditable service for
up to 10 years of his service | 6 | | as a member of the County Police Department
under Article 9, by | 7 | | filing a written election with the Board, accompanied
by | 8 | | payment of an amount to be determined by the Board, equal to | 9 | | (i) the
difference between the amount of employee and employer | 10 | | contributions
transferred to the System under Section 9-121.10 | 11 | | and the amounts that would
have been contributed had those | 12 | | contributions been made at the rates
applicable to State | 13 | | policemen, plus (ii) interest thereon at the effective
rate for | 14 | | each year, compounded annually, from the date of service to the
| 15 | | date of payment.
| 16 | | (h) Subject to the limitation in subsection (i), a State | 17 | | policeman or
investigator for the Secretary of State may elect | 18 | | to establish eligible
creditable service for up to 12 years of | 19 | | his service as a policeman under
Article 5, by filing a written | 20 | | election with the Board on or before January
31, 1992, and | 21 | | paying to the System by January 31, 1994 an amount to be
| 22 | | determined by the Board, equal to (i) the difference between | 23 | | the amount of
employee and employer contributions transferred | 24 | | to the System under Section
5-236, and the amounts that would | 25 | | have been contributed had such
contributions been made at the | 26 | | rates applicable to State policemen, plus
(ii) interest thereon |
| | | SB1519 Enrolled | - 16 - | LRB100 05700 RLC 20666 b |
|
| 1 | | at the effective rate for each year, compounded
annually, from | 2 | | the date of service to the date of payment.
| 3 | | Subject to the limitation in subsection (i), a State | 4 | | policeman,
conservation police officer, or investigator for | 5 | | the Secretary of State may
elect to establish eligible | 6 | | creditable service for up to 10 years of
service as a sheriff's | 7 | | law enforcement employee under Article 7, by filing
a written | 8 | | election with the Board on or before January 31, 1993, and | 9 | | paying
to the System by January 31, 1994 an amount to be | 10 | | determined by the Board,
equal to (i) the difference between | 11 | | the amount of employee and
employer contributions transferred | 12 | | to the System under Section
7-139.7, and the amounts that would | 13 | | have been contributed had such
contributions been made at the | 14 | | rates applicable to State policemen, plus
(ii) interest thereon | 15 | | at the effective rate for each year, compounded
annually, from | 16 | | the date of service to the date of payment.
| 17 | | Subject to the limitation in subsection (i), a State | 18 | | policeman,
conservation police officer, or investigator for | 19 | | the Secretary of State may
elect to establish eligible | 20 | | creditable service for up to 5 years of
service as a police | 21 | | officer under Article 3, a policeman under Article 5, a | 22 | | sheriff's law enforcement employee under Article 7, a member of | 23 | | the county police department under Article 9, or a police | 24 | | officer under Article 15 by filing
a written election with the | 25 | | Board and paying
to the System an amount to be determined by | 26 | | the Board,
equal to (i) the difference between the amount of |
| | | SB1519 Enrolled | - 17 - | LRB100 05700 RLC 20666 b |
|
| 1 | | employee and
employer contributions transferred to the System | 2 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 3 | | and the amounts that would have been contributed had such
| 4 | | contributions been made at the rates applicable to State | 5 | | policemen, plus
(ii) interest thereon at the effective rate for | 6 | | each year, compounded
annually, from the date of service to the | 7 | | date of payment. | 8 | | Subject to the limitation in subsection (i), an | 9 | | investigator for the Office of the Attorney General, or an | 10 | | investigator for the Department of Revenue, may elect to | 11 | | establish eligible creditable service for up to 5 years of | 12 | | service as a police officer under Article 3, a policeman under | 13 | | Article 5, a sheriff's law enforcement employee under Article | 14 | | 7, or a member of the county police department under Article 9 | 15 | | by filing a written election with the Board within 6 months | 16 | | after August 25, 2009 (the effective date of Public Act 96-745) | 17 | | and paying to the System an amount to be determined by the | 18 | | Board, equal to (i) the difference between the amount of | 19 | | employee and employer contributions transferred to the System | 20 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 21 | | amounts that would have been contributed had such contributions | 22 | | been made at the rates applicable to State policemen, plus (ii) | 23 | | interest thereon at the actuarially assumed rate for each year, | 24 | | compounded annually, from the date of service to the date of | 25 | | payment. | 26 | | Subject to the limitation in subsection (i), a State |
| | | SB1519 Enrolled | - 18 - | LRB100 05700 RLC 20666 b |
|
| 1 | | policeman, conservation police officer, investigator for the | 2 | | Office of the Attorney General, an investigator for the | 3 | | Department of Revenue, or investigator for the Secretary of | 4 | | State may elect to establish eligible creditable service for up | 5 | | to 5 years of service as a person employed by a participating | 6 | | municipality to perform police duties, or law enforcement | 7 | | officer employed on a full-time basis by a forest preserve | 8 | | district under Article 7, a county corrections officer, or a | 9 | | court services officer under Article 9, by filing a written | 10 | | election with the Board within 6 months after August 25, 2009 | 11 | | (the effective date of Public Act 96-745) and paying to the | 12 | | System an amount to be determined by the Board, equal to (i) | 13 | | the difference between the amount of employee and employer | 14 | | contributions transferred to the System under Sections 7-139.8 | 15 | | and 9-121.10 and the amounts that would have been contributed | 16 | | had such contributions been made at the rates applicable to | 17 | | State policemen, plus (ii) interest thereon at the actuarially | 18 | | assumed rate for each year, compounded annually, from the date | 19 | | of service to the date of payment. | 20 | | (i) The total amount of eligible creditable service | 21 | | established by any
person under subsections (g), (h), (j), (k), | 22 | | and (l) of this
Section shall not exceed 12 years.
| 23 | | (j) Subject to the limitation in subsection (i), an | 24 | | investigator for
the Office of the State's Attorneys Appellate | 25 | | Prosecutor or a controlled
substance inspector may elect to
| 26 | | establish eligible creditable service for up to 10 years of his |
| | | SB1519 Enrolled | - 19 - | LRB100 05700 RLC 20666 b |
|
| 1 | | service as
a policeman under Article 3 or a sheriff's law | 2 | | enforcement employee under
Article 7, by filing a written | 3 | | election with the Board, accompanied by
payment of an amount to | 4 | | be determined by the Board, equal to (1) the
difference between | 5 | | the amount of employee and employer contributions
transferred | 6 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
| 7 | | that would have been contributed had such contributions been | 8 | | made at the
rates applicable to State policemen, plus (2) | 9 | | interest thereon at the
effective rate for each year, | 10 | | compounded annually, from the date of service
to the date of | 11 | | payment.
| 12 | | (k) Subject to the limitation in subsection (i) of this | 13 | | Section, an
alternative formula employee may elect to establish | 14 | | eligible creditable
service for periods spent as a full-time | 15 | | law enforcement officer or full-time
corrections officer | 16 | | employed by the federal government or by a state or local
| 17 | | government located outside of Illinois, for which credit is not | 18 | | held in any
other public employee pension fund or retirement | 19 | | system. To obtain this
credit, the applicant must file a | 20 | | written application with the Board by March
31, 1998, | 21 | | accompanied by evidence of eligibility acceptable to the Board | 22 | | and
payment of an amount to be determined by the Board, equal | 23 | | to (1) employee
contributions for the credit being established, | 24 | | based upon the applicant's
salary on the first day as an | 25 | | alternative formula employee after the employment
for which | 26 | | credit is being established and the rates then applicable to
|
| | | SB1519 Enrolled | - 20 - | LRB100 05700 RLC 20666 b |
|
| 1 | | alternative formula employees, plus (2) an amount determined by | 2 | | the Board
to be the employer's normal cost of the benefits | 3 | | accrued for the credit being
established, plus (3) regular | 4 | | interest on the amounts in items (1) and (2) from
the first day | 5 | | as an alternative formula employee after the employment for | 6 | | which
credit is being established to the date of payment.
| 7 | | (l) Subject to the limitation in subsection (i), a security | 8 | | employee of
the Department of Corrections may elect, not later | 9 | | than July 1, 1998, to
establish eligible creditable service for | 10 | | up to 10 years of his or her service
as a policeman under | 11 | | Article 3, by filing a written election with the Board,
| 12 | | accompanied by payment of an amount to be determined by the | 13 | | Board, equal to
(i) the difference between the amount of | 14 | | employee and employer contributions
transferred to the System | 15 | | under Section 3-110.5, and the amounts that would
have been | 16 | | contributed had such contributions been made at the rates | 17 | | applicable
to security employees of the Department of | 18 | | Corrections, plus (ii) interest
thereon at the effective rate | 19 | | for each year, compounded annually, from the date
of service to | 20 | | the date of payment.
| 21 | | (m) The amendatory changes to this Section made by this | 22 | | amendatory Act of the 94th General Assembly apply only to: (1) | 23 | | security employees of the Department of Juvenile Justice | 24 | | employed by the Department of Corrections before the effective | 25 | | date of this amendatory Act of the 94th General Assembly and | 26 | | transferred to the Department of Juvenile Justice by this |
| | | SB1519 Enrolled | - 21 - | LRB100 05700 RLC 20666 b |
|
| 1 | | amendatory Act of the 94th General Assembly; and (2) persons | 2 | | employed by the Department of Juvenile Justice on or after the | 3 | | effective date of this amendatory Act of the 94th General | 4 | | Assembly who are required by subsection (b) of Section 3-2.5-15 | 5 | | of the Unified Code of Corrections to have any a bachelor's or | 6 | | advanced degree from an accredited college or university with a | 7 | | specialization in criminal justice, education, psychology, | 8 | | social work, or a closely related social science or, in the | 9 | | case of persons who provide vocational training, who are | 10 | | required to have adequate knowledge in the skill for which they | 11 | | are providing the vocational training.
| 12 | | (n) A person employed in a position under subsection (b) of | 13 | | this Section who has purchased service credit under subsection | 14 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in | 15 | | any other capacity under this Article may convert up to 5 years | 16 | | of that service credit into service credit covered under this | 17 | | Section by paying to the Fund an amount equal to (1) the | 18 | | additional employee contribution required under Section | 19 | | 14-133, plus (2) the additional employer contribution required | 20 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 21 | | the actuarially assumed rate from the date of the service to | 22 | | the date of payment. | 23 | | (Source: P.A. 95-530, eff. 8-28-07; 95-1036, eff. 2-17-09; | 24 | | 96-37, eff. 7-13-09; 96-745, eff. 8-25-09; 96-1000, eff. | 25 | | 7-2-10.)
|
| | | SB1519 Enrolled | - 22 - | LRB100 05700 RLC 20666 b |
|
| 1 | | Section 10. The Unified Code of Corrections is amended by | 2 | | changing Sections 3-2.5-15 and 3-10-2 as follows: | 3 | | (730 ILCS 5/3-2.5-15) | 4 | | Sec. 3-2.5-15. Department of Juvenile Justice; assumption | 5 | | of duties of the Juvenile Division. | 6 | | (a) The Department of Juvenile Justice shall assume the | 7 | | rights, powers, duties, and responsibilities of the Juvenile | 8 | | Division of the Department of Corrections. Personnel, books, | 9 | | records, property, and unencumbered appropriations pertaining | 10 | | to the Juvenile Division of the Department of Corrections shall | 11 | | be transferred to the Department of Juvenile Justice on the | 12 | | effective date of this amendatory Act of the 94th General | 13 | | Assembly. Any rights of employees or the State under the | 14 | | Personnel Code or any other contract or plan shall be | 15 | | unaffected by this transfer. | 16 | | (b) Department of Juvenile Justice personnel who are hired | 17 | | by the Department on or after the effective date of this | 18 | | amendatory Act of the 94th General Assembly and who participate | 19 | | or assist in the rehabilitative and vocational training of | 20 | | delinquent youths, supervise the daily activities involving | 21 | | direct and continuing responsibility for the youth's security, | 22 | | welfare and development, or participate in the personal | 23 | | rehabilitation of delinquent youth by training, supervising, | 24 | | and assisting lower level personnel who perform these duties | 25 | | must be over the age of 21 and have any a bachelor's or |
| | | SB1519 Enrolled | - 23 - | LRB100 05700 RLC 20666 b |
|
| 1 | | advanced degree from an accredited college or university with a | 2 | | specialization in criminal justice, education, psychology, | 3 | | social work, or a closely related social science or other | 4 | | bachelor's or advanced degree with at least 2 years experience | 5 | | in the field of juvenile matters . This requirement shall not | 6 | | apply to security, clerical, food service, and maintenance | 7 | | staff that do not have direct and regular contact with youth. | 8 | | The degree requirements specified in this subsection (b) are | 9 | | not required of persons who provide vocational training and who | 10 | | have adequate knowledge in the skill for which they are | 11 | | providing the vocational training. | 12 | | (c) Subsection (b) of this Section does not apply to | 13 | | personnel transferred to the Department of Juvenile Justice on | 14 | | the effective date of this amendatory Act of the 94th General | 15 | | Assembly. | 16 | | (d) The Department shall be under the direction of the | 17 | | Director of Juvenile Justice as provided in this Code. | 18 | | (e) The Director shall organize divisions within the | 19 | | Department and shall assign functions, powers, duties, and | 20 | | personnel as required by law. The Director may create other | 21 | | divisions and may assign other functions, powers, duties, and | 22 | | personnel as may be necessary or desirable to carry out the | 23 | | functions and responsibilities vested by law in the Department. | 24 | | The Director may, with the approval of the Office of the | 25 | | Governor, assign to and share functions, powers, duties, and | 26 | | personnel with other State agencies such that administrative |
| | | SB1519 Enrolled | - 24 - | LRB100 05700 RLC 20666 b |
|
| 1 | | services and administrative facilities are provided by a shared | 2 | | administrative service center. Where possible, shared services | 3 | | which impact youth should be done with child-serving agencies. | 4 | | These administrative services may include, but are not limited | 5 | | to, all of the following functions: budgeting, accounting | 6 | | related functions, auditing, human resources, legal, | 7 | | procurement, training, data collection and analysis, | 8 | | information technology, internal investigations, intelligence, | 9 | | legislative services, emergency response capability, statewide | 10 | | transportation services, and general office support. | 11 | | (f) The Department of Juvenile Justice may enter into | 12 | | intergovernmental cooperation agreements under which minors | 13 | | adjudicated delinquent and committed to the Department of | 14 | | Juvenile Justice may participate in county juvenile impact | 15 | | incarceration programs established under Section 3-6039 of the | 16 | | Counties Code.
| 17 | | (g) The Department of Juvenile Justice must comply with the | 18 | | ethnic and racial background data collection procedures | 19 | | provided in Section 4.5 of the Criminal Identification Act. | 20 | | (Source: P.A. 98-528, eff. 1-1-15; 98-689, eff. 1-1-15 .)
| 21 | | (730 ILCS 5/3-10-2) (from Ch. 38, par. 1003-10-2)
| 22 | | Sec. 3-10-2. Examination of Persons Committed to the | 23 | | Department of Juvenile Justice.
| 24 | | (a) A person committed to the Department of Juvenile | 25 | | Justice shall be examined in
regard to his medical, |
| | | SB1519 Enrolled | - 25 - | LRB100 05700 RLC 20666 b |
|
| 1 | | psychological, social, educational and vocational
condition | 2 | | and history, including the use of alcohol and other drugs,
the | 3 | | circumstances of his offense and any other
information as the | 4 | | Department of Juvenile Justice may determine.
| 5 | | (a-5) Upon admission of a person committed to the | 6 | | Department of Juvenile Justice, the Department of Juvenile | 7 | | Justice must provide the person with appropriate information | 8 | | concerning HIV and AIDS in writing, verbally, or by video or | 9 | | other electronic means. The Department of Juvenile Justice | 10 | | shall develop the informational materials in consultation with | 11 | | the Department of Public Health. At the same time, the | 12 | | Department of Juvenile Justice also must offer the person the | 13 | | option of being tested, at no charge to the person, for | 14 | | infection with human immunodeficiency virus (HIV). Pre-test | 15 | | information shall be provided to the committed person and | 16 | | informed consent obtained as required in subsection (q) of | 17 | | Section 3 and Section 5 of the AIDS Confidentiality Act. The | 18 | | Department of Juvenile Justice may conduct opt-out HIV testing | 19 | | as defined in Section 4 of the AIDS Confidentiality Act. If the | 20 | | Department conducts opt-out HIV testing, the Department shall | 21 | | place signs in English, Spanish and other languages as needed | 22 | | in multiple, highly visible locations in the area where HIV | 23 | | testing is conducted informing inmates that they will be tested | 24 | | for HIV unless they refuse, and refusal or acceptance of | 25 | | testing shall be documented in the inmate's medical record. The | 26 | | Department shall follow procedures established by the |
| | | SB1519 Enrolled | - 26 - | LRB100 05700 RLC 20666 b |
|
| 1 | | Department of Public Health to conduct HIV testing and testing | 2 | | to confirm positive HIV test results. All testing must be | 3 | | conducted by medical personnel, but pre-test and other | 4 | | information may be provided by committed persons who have | 5 | | received appropriate training. The Department, in conjunction | 6 | | with the Department of Public Health, shall develop a plan that | 7 | | complies with the AIDS Confidentiality Act to deliver | 8 | | confidentially all positive or negative HIV test results to | 9 | | inmates or former inmates. Nothing in this Section shall | 10 | | require the Department to offer HIV testing to an inmate who is | 11 | | known to be infected with HIV, or who has been tested for HIV | 12 | | within the previous 180 days and whose documented HIV test | 13 | | result is available to the Department electronically. The
| 14 | | testing provided under this subsection (a-5) shall consist of a | 15 | | test approved by the Illinois Department of Public Health to | 16 | | determine the presence of HIV infection, based upon | 17 | | recommendations of the United States Centers for Disease | 18 | | Control and Prevention. If the test result is positive, a | 19 | | reliable supplemental test based upon recommendations of the | 20 | | United States Centers for Disease Control and Prevention shall | 21 | | be
administered. | 22 | | Also upon admission of a person committed to the Department | 23 | | of Juvenile Justice, the Department of Juvenile Justice must | 24 | | inform the person of the Department's obligation to provide the | 25 | | person with medical care.
| 26 | | (b) Based on its examination, the Department of Juvenile |
| | | SB1519 Enrolled | - 27 - | LRB100 05700 RLC 20666 b |
|
| 1 | | Justice may exercise the following
powers in developing a | 2 | | treatment program of any person committed to the Department of | 3 | | Juvenile Justice:
| 4 | | (1) Require participation by him in vocational, | 5 | | physical, educational
and corrective training and | 6 | | activities to return him to the community.
| 7 | | (2) Place him in any institution or facility of the | 8 | | Department of Juvenile Justice.
| 9 | | (3) Order replacement or referral to the Parole and | 10 | | Pardon Board as
often as it deems desirable. The Department | 11 | | of Juvenile Justice shall refer the person to the
Parole | 12 | | and Pardon Board as required under Section 3-3-4.
| 13 | | (4) Enter into agreements with the Secretary of Human | 14 | | Services and
the Director of Children and Family
Services, | 15 | | with courts having probation officers, and with private | 16 | | agencies
or institutions for separate care or special | 17 | | treatment of persons subject
to the control of the | 18 | | Department of Juvenile Justice.
| 19 | | (c) The Department of Juvenile Justice shall make periodic | 20 | | reexamination of all persons
under the control of the | 21 | | Department of Juvenile Justice to determine whether existing
| 22 | | orders in individual cases should be modified or continued. | 23 | | This
examination shall be made with respect to every person at | 24 | | least once
annually.
| 25 | | (d) A record of the treatment decision including any | 26 | | modification
thereof and the reason therefor, shall be part of |
| | | SB1519 Enrolled | - 28 - | LRB100 05700 RLC 20666 b |
|
| 1 | | the committed person's
master record file.
| 2 | | (e) The Department of Juvenile Justice shall by regular | 3 | | certified mail and telephone or electronic message
notify the | 4 | | parent, guardian , or nearest relative of any person committed | 5 | | to
the Department of Juvenile Justice of his or her physical | 6 | | location and any change of his or her physical location | 7 | | thereof .
| 8 | | (Source: P.A. 98-689, eff. 1-1-15; 98-1046, eff. 1-1-15; 99-78, | 9 | | eff. 7-20-15.)
|
|