Full Text of SB2608 100th General Assembly
SB2608eng 100TH GENERAL ASSEMBLY |
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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 changing | 5 | | Sections 14-110 and 14-152.1 as follows:
| 6 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 7 | | Sec. 14-110. Alternative retirement annuity.
| 8 | | (a) Any member who has withdrawn from service with not less | 9 | | than 20
years of eligible creditable service and has attained | 10 | | age 55, and any
member who has withdrawn from service with not | 11 | | less than 25 years of
eligible creditable service and has | 12 | | attained age 50, regardless of whether
the attainment of either | 13 | | of the specified ages occurs while the member is
still in | 14 | | service, shall be entitled to receive at the option of the | 15 | | member,
in lieu of the regular or minimum retirement annuity, a | 16 | | retirement annuity
computed as follows:
| 17 | | (i) for periods of service as a noncovered employee:
if | 18 | | retirement occurs on or after January 1, 2001, 3% of final
| 19 | | average compensation for each year of creditable service; | 20 | | if retirement occurs
before January 1, 2001, 2 1/4% of | 21 | | final average compensation for each of the
first 10 years | 22 | | of creditable service, 2 1/2% for each year above 10 years | 23 | | to
and including 20 years of creditable service, and 2 3/4% |
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| 1 | | for each year of
creditable service above 20 years; and
| 2 | | (ii) for periods of eligible creditable service as a | 3 | | covered employee:
if retirement occurs on or after January | 4 | | 1, 2001, 2.5% of final average
compensation for each year | 5 | | of creditable service; if retirement occurs before
January | 6 | | 1, 2001, 1.67% of final average compensation for each of | 7 | | the first
10 years of such service, 1.90% for each of the | 8 | | next 10 years of such service,
2.10% for each year of such | 9 | | service in excess of 20 but not exceeding 30, and
2.30% for | 10 | | each year in excess of 30.
| 11 | | Such annuity shall be subject to a maximum of 75% of final | 12 | | average
compensation if retirement occurs before January 1, | 13 | | 2001 or to a maximum
of 80% of final average compensation if | 14 | | retirement occurs on or after January
1, 2001.
| 15 | | These rates shall not be applicable to any service | 16 | | performed
by a member as a covered employee which is not | 17 | | eligible creditable service.
Service as a covered employee | 18 | | which is not eligible creditable service
shall be subject to | 19 | | the rates and provisions of Section 14-108.
| 20 | | (b) For the purpose of this Section, "eligible creditable | 21 | | service" means
creditable service resulting from service in one | 22 | | or more of the following
positions:
| 23 | | (1) State policeman;
| 24 | | (2) fire fighter in the fire protection service of a | 25 | | department;
| 26 | | (3) air pilot;
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| 1 | | (4) special agent;
| 2 | | (5) investigator for the Secretary of State;
| 3 | | (6) conservation police officer;
| 4 | | (7) investigator for the Department of Revenue or the | 5 | | Illinois Gaming Board;
| 6 | | (8) security employee of the Department of Human | 7 | | Services;
| 8 | | (9) Central Management Services security police | 9 | | officer;
| 10 | | (10) security employee of the Department of | 11 | | Corrections or the Department of Juvenile Justice;
| 12 | | (11) dangerous drugs investigator;
| 13 | | (12) investigator for the Department of State Police;
| 14 | | (13) investigator for the Office of the Attorney | 15 | | General;
| 16 | | (14) controlled substance inspector;
| 17 | | (15) investigator for the Office of the State's | 18 | | Attorneys Appellate
Prosecutor;
| 19 | | (16) Commerce Commission police officer;
| 20 | | (17) arson investigator;
| 21 | | (18) State highway maintenance worker.
| 22 | | A person employed in one of the positions specified in this | 23 | | subsection is
entitled to eligible creditable service for | 24 | | service credit earned under this
Article while undergoing the | 25 | | basic police training course approved by the
Illinois Law | 26 | | Enforcement Training
Standards Board, if
completion of that |
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| 1 | | training is required of persons serving in that position.
For | 2 | | the purposes of this Code, service during the required basic | 3 | | police
training course shall be deemed performance of the | 4 | | duties of the specified
position, even though the person is not | 5 | | a sworn peace officer at the time of
the training.
| 6 | | (c) For the purposes of this Section:
| 7 | | (1) The term "State policeman" includes any title or | 8 | | position
in the Department of State Police that is held by | 9 | | an individual employed
under the State Police Act.
| 10 | | (2) The term "fire fighter in the fire protection | 11 | | service of a
department" includes all officers in such fire | 12 | | protection service
including fire chiefs and assistant | 13 | | fire chiefs.
| 14 | | (3) The term "air pilot" includes any employee whose | 15 | | official job
description on file in the Department of | 16 | | Central Management Services, or
in the department by which | 17 | | he is employed if that department is not covered
by the | 18 | | Personnel Code, states that his principal duty is the | 19 | | operation of
aircraft, and who possesses a pilot's license; | 20 | | however, the change in this
definition made by this | 21 | | amendatory Act of 1983 shall not operate to exclude
any | 22 | | noncovered employee who was an "air pilot" for the purposes | 23 | | of this
Section on January 1, 1984.
| 24 | | (4) The term "special agent" means any person who by | 25 | | reason of
employment by the Division of Narcotic Control, | 26 | | the Bureau of Investigation
or, after July 1, 1977, the |
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| 1 | | Division of Criminal Investigation, the
Division of | 2 | | Internal Investigation, the Division of Operations, or any
| 3 | | other Division or organizational
entity in the Department | 4 | | of State Police is vested by law with duties to
maintain | 5 | | public order, investigate violations of the criminal law of | 6 | | this
State, enforce the laws of this State, make arrests | 7 | | and recover property.
The term "special agent" includes any | 8 | | title or position in the Department
of State Police that is | 9 | | held by an individual employed under the State
Police Act.
| 10 | | (5) The term "investigator for the Secretary of State" | 11 | | means any person
employed by the Office of the Secretary of | 12 | | State 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 | | A person who became employed as an investigator for the | 17 | | Secretary of
State between January 1, 1967 and December 31, | 18 | | 1975, and who has served as
such until attainment of age | 19 | | 60, either continuously or with a single break
in service | 20 | | of not more than 3 years duration, which break terminated | 21 | | before
January 1, 1976, shall be entitled to have his | 22 | | retirement annuity
calculated in accordance with | 23 | | subsection (a), notwithstanding
that he has less than 20 | 24 | | years of credit for such service.
| 25 | | (6) The term "Conservation Police Officer" means any | 26 | | person employed
by the Division of Law Enforcement of the |
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| 1 | | Department of Natural Resources and
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. The | 5 | | term "Conservation Police Officer" includes
the positions | 6 | | of Chief Conservation Police Administrator and Assistant
| 7 | | Conservation Police Administrator.
| 8 | | (7) The term "investigator for the Department of | 9 | | Revenue" means any
person employed by the Department of | 10 | | Revenue and vested with such
investigative duties as render | 11 | | him ineligible for coverage under the Social
Security Act | 12 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 13 | | 218(l)(1)
of that Act.
| 14 | | The term "investigator for the Illinois Gaming Board" | 15 | | means any
person employed as such by the Illinois Gaming | 16 | | Board and vested with such
peace officer 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.
| 20 | | (8) The term "security employee of the Department of | 21 | | Human Services"
means any person employed by the Department | 22 | | of Human Services who (i) is
employed at the Chester Mental | 23 | | Health Center and has daily contact with the
residents | 24 | | thereof, (ii) is employed within a security unit at a | 25 | | facility
operated by the Department and has daily contact | 26 | | with the residents of the
security unit, (iii) is employed |
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| 1 | | at a facility operated by the Department
that includes a | 2 | | security unit and is regularly scheduled to work at least
| 3 | | 50% of his or her working hours within that security unit, | 4 | | or (iv) is a mental health police officer.
"Mental health | 5 | | police officer" means any person employed by the Department | 6 | | of
Human Services in a position pertaining to the | 7 | | Department's mental health and
developmental disabilities | 8 | | functions who is vested with such law enforcement
duties as | 9 | | render the person ineligible for coverage under the Social | 10 | | Security
Act by reason of Sections 218(d)(5)(A), | 11 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 12 | | means that portion of a facility that is devoted to
the | 13 | | care, containment, and treatment of persons committed to | 14 | | the Department of
Human Services as sexually violent | 15 | | persons, persons unfit to stand trial, or
persons not | 16 | | guilty by reason of insanity. With respect to past | 17 | | employment,
references to the Department of Human Services | 18 | | include its predecessor, the
Department of Mental Health | 19 | | and Developmental Disabilities.
| 20 | | The changes made to this subdivision (c)(8) by Public | 21 | | Act 92-14 apply to persons who retire on or after January | 22 | | 1,
2001, notwithstanding Section 1-103.1.
| 23 | | (9) "Central Management Services security police | 24 | | officer" means any
person employed by the Department of | 25 | | Central Management Services who is
vested with such law | 26 | | enforcement duties as render him ineligible for
coverage |
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| 1 | | under the Social Security Act by reason of Sections | 2 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 3 | | (10) For a member who first became an employee under | 4 | | this Article before July 1, 2005, the term "security | 5 | | employee of the Department of Corrections or the Department | 6 | | of Juvenile Justice"
means any employee of the Department | 7 | | of Corrections or the Department of Juvenile Justice or the | 8 | | former
Department of Personnel, and any member or employee | 9 | | of the Prisoner
Review Board, who has daily contact with | 10 | | inmates or youth by working within a
correctional facility | 11 | | or Juvenile facility operated by the Department of Juvenile | 12 | | Justice or who is a parole officer or an employee who has
| 13 | | direct contact with committed persons in the performance of | 14 | | his or her
job duties. For a member who first becomes an | 15 | | employee under this Article on or after July 1, 2005, the | 16 | | term means an employee of the Department of Corrections or | 17 | | the Department of Juvenile Justice who is any of the | 18 | | following: (i) officially headquartered at a correctional | 19 | | facility or Juvenile facility operated by the Department of | 20 | | Juvenile Justice, (ii) a parole officer, (iii) a member of | 21 | | the apprehension unit, (iv) a member of the intelligence | 22 | | unit, (v) a member of the sort team, or (vi) an | 23 | | investigator.
| 24 | | (11) The term "dangerous drugs investigator" means any | 25 | | person who is
employed as such by the Department of Human | 26 | | Services.
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| 1 | | (12) The term "investigator for the Department of State | 2 | | Police" means
a person employed by the Department of State | 3 | | Police who is vested under
Section 4 of the Narcotic | 4 | | Control Division Abolition Act with such
law enforcement | 5 | | powers as render him ineligible for coverage under the
| 6 | | Social Security Act by reason of Sections 218(d)(5)(A), | 7 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 8 | | (13) "Investigator for the Office of the Attorney | 9 | | General" means any
person who is employed as such by the | 10 | | Office of the Attorney General and
is vested with such | 11 | | investigative duties as render him ineligible for
coverage | 12 | | under the Social Security Act by reason of Sections | 13 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 14 | | the period before January 1,
1989, the term includes all | 15 | | persons who were employed as investigators by the
Office of | 16 | | the Attorney General, without regard to social security | 17 | | status.
| 18 | | (14) "Controlled substance inspector" means any person | 19 | | who is employed
as such by the Department of Professional | 20 | | Regulation and is vested with such
law enforcement duties | 21 | | as render him ineligible for coverage under the Social
| 22 | | Security Act by reason of Sections 218(d)(5)(A), | 23 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 24 | | "controlled substance inspector" includes the Program
| 25 | | Executive of Enforcement and the Assistant Program | 26 | | Executive of Enforcement.
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| 1 | | (15) The term "investigator for the Office of the | 2 | | State's Attorneys
Appellate Prosecutor" means a person | 3 | | employed in that capacity on a full
time basis under the | 4 | | authority of Section 7.06 of the State's Attorneys
| 5 | | Appellate Prosecutor's Act.
| 6 | | (16) "Commerce Commission police officer" means any | 7 | | person employed
by the Illinois Commerce Commission who is | 8 | | vested with such law
enforcement duties as render him | 9 | | ineligible for coverage under the Social
Security Act by | 10 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 11 | | 218(l)(1) of that Act.
| 12 | | (17) "Arson investigator" means any person who is | 13 | | employed as such by
the Office of the State Fire Marshal | 14 | | and is vested with such law enforcement
duties as render | 15 | | the person ineligible for coverage under the Social | 16 | | Security
Act by reason of Sections 218(d)(5)(A), | 17 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 18 | | employed as an arson
investigator on January 1, 1995 and is | 19 | | no longer in service but not yet
receiving a retirement | 20 | | annuity may convert his or her creditable service for
| 21 | | employment as an arson investigator into eligible | 22 | | creditable service by paying
to the System the difference | 23 | | between the employee contributions actually paid
for that | 24 | | service and the amounts that would have been contributed if | 25 | | the
applicant were contributing at the rate applicable to | 26 | | persons with the same
social security status earning |
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| 1 | | eligible creditable service on the date of
application.
| 2 | | (18) The term "State highway maintenance worker" means | 3 | | a person who is
either of the following:
| 4 | | (i) A person employed on a full-time basis by the | 5 | | Illinois
Department of Transportation in the position | 6 | | of
highway maintainer,
highway maintenance lead | 7 | | worker,
highway maintenance lead/lead worker,
heavy | 8 | | construction equipment operator,
power shovel | 9 | | operator, or
bridge mechanic; and
whose principal | 10 | | responsibility is to perform, on the roadway, the | 11 | | actual
maintenance necessary to keep the highways that | 12 | | form a part of the State
highway system in serviceable | 13 | | condition for vehicular traffic.
| 14 | | (ii) A person employed on a full-time basis by the | 15 | | Illinois
State Toll Highway Authority in the position | 16 | | of
equipment operator/laborer H-4,
equipment | 17 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 18 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 19 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 20 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 21 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 22 | | painter H-4, or
painter H-6; and
whose principal | 23 | | responsibility is to perform, on the roadway, the | 24 | | actual
maintenance necessary to keep the Authority's | 25 | | tollways in serviceable condition
for vehicular | 26 | | traffic.
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| 1 | | (d) A security employee of the Department of Corrections or | 2 | | the Department of Juvenile Justice, and a security
employee of | 3 | | the Department of Human Services who is not a mental health | 4 | | police
officer, shall not be eligible for the alternative | 5 | | retirement annuity provided
by this Section unless he or she | 6 | | meets the following minimum age and service
requirements at the | 7 | | time of retirement:
| 8 | | (i) 25 years of eligible creditable service and age 55; | 9 | | or
| 10 | | (ii) beginning January 1, 1987, 25 years of eligible | 11 | | creditable service
and age 54, or 24 years of eligible | 12 | | creditable service and age 55; or
| 13 | | (iii) beginning January 1, 1988, 25 years of eligible | 14 | | creditable service
and age 53, or 23 years of eligible | 15 | | creditable service and age 55; or
| 16 | | (iv) beginning January 1, 1989, 25 years of eligible | 17 | | creditable service
and age 52, or 22 years of eligible | 18 | | creditable service and age 55; or
| 19 | | (v) beginning January 1, 1990, 25 years of eligible | 20 | | creditable service
and age 51, or 21 years of eligible | 21 | | creditable service and age 55; or
| 22 | | (vi) beginning January 1, 1991, 25 years of eligible | 23 | | creditable service
and age 50, or 20 years of eligible | 24 | | creditable service and age 55.
| 25 | | Persons who have service credit under Article 16 of this | 26 | | Code for service
as a security employee of the Department of |
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| 1 | | Corrections or the Department of Juvenile Justice, or the | 2 | | Department
of Human Services in a position requiring | 3 | | certification as a teacher may
count such service toward | 4 | | establishing their eligibility under the service
requirements | 5 | | of this Section; but such service may be used only for
| 6 | | establishing such eligibility, and not for the purpose of | 7 | | increasing or
calculating any benefit.
| 8 | | (e) If a member enters military service while working in a | 9 | | position in
which eligible creditable service may be earned, | 10 | | and returns to State
service in the same or another such | 11 | | position, and fulfills in all other
respects the conditions | 12 | | prescribed in this Article for credit for military
service, | 13 | | such military service shall be credited as eligible creditable
| 14 | | service for the purposes of the retirement annuity prescribed | 15 | | in this Section.
| 16 | | (f) For purposes of calculating retirement annuities under | 17 | | this
Section, periods of service rendered after December 31, | 18 | | 1968 and before
October 1, 1975 as a covered employee in the | 19 | | position of special agent,
conservation police officer, mental | 20 | | health police officer, or investigator
for the Secretary of | 21 | | State, shall be deemed to have been service as a
noncovered | 22 | | employee, provided that the employee pays to the System prior | 23 | | to
retirement an amount equal to (1) the difference between the | 24 | | employee
contributions that would have been required for such | 25 | | service as a
noncovered employee, and the amount of employee | 26 | | contributions actually
paid, plus (2) if payment is made after |
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| 1 | | July 31, 1987, regular interest
on the amount specified in item | 2 | | (1) from the date of service to the date
of payment.
| 3 | | For purposes of calculating retirement annuities under | 4 | | this Section,
periods of service rendered after December 31, | 5 | | 1968 and before January 1,
1982 as a covered employee in the | 6 | | position of investigator for the
Department of Revenue shall be | 7 | | deemed to have been service as a noncovered
employee, provided | 8 | | that the employee pays to the System prior to retirement
an | 9 | | amount equal to (1) the difference between the employee | 10 | | contributions
that would have been required for such service as | 11 | | a noncovered employee,
and the amount of employee contributions | 12 | | actually paid, plus (2) if payment
is made after January 1, | 13 | | 1990, regular interest on the amount specified in
item (1) from | 14 | | the date of service to the date of payment.
| 15 | | (g) A State policeman may elect, not later than January 1, | 16 | | 1990, to
establish eligible creditable service for up to 10 | 17 | | years of his service as
a policeman under Article 3, by filing | 18 | | a written election with the Board,
accompanied by payment of an | 19 | | amount to be determined by the Board, equal to
(i) the | 20 | | difference between the amount of employee and employer
| 21 | | contributions transferred to the System under Section 3-110.5, | 22 | | and the
amounts that would have been contributed had such | 23 | | contributions been made
at the rates applicable to State | 24 | | policemen, plus (ii) interest thereon at
the effective rate for | 25 | | each year, compounded annually, from the date of
service to the | 26 | | date of payment.
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| 1 | | Subject to the limitation in subsection (i), a State | 2 | | policeman may elect,
not later than July 1, 1993, to establish | 3 | | eligible creditable service for
up to 10 years of his service | 4 | | as a member of the County Police Department
under Article 9, by | 5 | | filing a written election with the Board, accompanied
by | 6 | | payment of an amount to be determined by the Board, equal to | 7 | | (i) the
difference between the amount of employee and employer | 8 | | contributions
transferred to the System under Section 9-121.10 | 9 | | and the amounts that would
have been contributed had those | 10 | | contributions been made at the rates
applicable to State | 11 | | policemen, plus (ii) interest thereon at the effective
rate for | 12 | | each year, compounded annually, from the date of service to the
| 13 | | date of payment.
| 14 | | (h) Subject to the limitation in subsection (i), a State | 15 | | policeman or
investigator for the Secretary of State may elect | 16 | | to establish eligible
creditable service for up to 12 years of | 17 | | his service as a policeman under
Article 5, by filing a written | 18 | | election with the Board on or before January
31, 1992, and | 19 | | paying to the System by January 31, 1994 an amount to be
| 20 | | determined by the Board, equal to (i) the difference between | 21 | | the amount of
employee and employer contributions transferred | 22 | | to the System under Section
5-236, and the amounts that would | 23 | | have been contributed had such
contributions been made at the | 24 | | rates applicable to State policemen, plus
(ii) interest thereon | 25 | | at the effective rate for each year, compounded
annually, from | 26 | | the date of service to the date of payment.
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| 1 | | Subject to the limitation in subsection (i), a State | 2 | | policeman,
conservation police officer, or investigator for | 3 | | the Secretary of State may
elect to establish eligible | 4 | | creditable service for up to 10 years of
service as a sheriff's | 5 | | law enforcement employee under Article 7, by filing
a written | 6 | | election with the Board on or before January 31, 1993, and | 7 | | paying
to the System by January 31, 1994 an amount to be | 8 | | determined by the Board,
equal to (i) the difference between | 9 | | the amount of employee and
employer contributions transferred | 10 | | to the System under Section
7-139.7, and the amounts that would | 11 | | have been contributed had such
contributions been made at the | 12 | | rates applicable to State policemen, plus
(ii) interest thereon | 13 | | at the effective rate for each year, compounded
annually, from | 14 | | the date of service to the date of payment.
| 15 | | Subject to the limitation in subsection (i), a State | 16 | | policeman,
conservation police officer, or investigator for | 17 | | the Secretary of State may
elect to establish eligible | 18 | | creditable service for up to 5 years of
service as a police | 19 | | officer under Article 3, a policeman under Article 5, a | 20 | | sheriff's law enforcement employee under Article 7, a member of | 21 | | the county police department under Article 9, or a police | 22 | | officer under Article 15 by filing
a written election with the | 23 | | Board and paying
to the System an amount to be determined by | 24 | | the Board,
equal to (i) the difference between the amount of | 25 | | employee and
employer contributions transferred to the System | 26 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
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| 1 | | and the amounts that would have been contributed had such
| 2 | | contributions been made at the rates applicable to State | 3 | | policemen, plus
(ii) interest thereon at the effective rate for | 4 | | each year, compounded
annually, from the date of service to the | 5 | | date of payment. | 6 | | Subject to the limitation in subsection (i), an | 7 | | investigator for the Office of the Attorney General, or an | 8 | | investigator for the Department of Revenue, may elect to | 9 | | establish eligible creditable service for up to 5 years of | 10 | | service as a police officer under Article 3, a policeman under | 11 | | Article 5, a sheriff's law enforcement employee under Article | 12 | | 7, or a member of the county police department under Article 9 | 13 | | by filing a written election with the Board within 6 months | 14 | | after August 25, 2009 (the effective date of Public Act 96-745) | 15 | | and paying to the System an amount to be determined by the | 16 | | Board, equal to (i) the difference between the amount of | 17 | | employee and employer contributions transferred to the System | 18 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 19 | | amounts that would have been contributed had such contributions | 20 | | been made at the rates applicable to State policemen, plus (ii) | 21 | | interest thereon at the actuarially assumed rate for each year, | 22 | | compounded annually, from the date of service to the date of | 23 | | payment. | 24 | | Subject to the limitation in subsection (i), a State | 25 | | policeman, conservation police officer, investigator for the | 26 | | Office of the Attorney General, an investigator for the |
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| 1 | | Department of Revenue, or investigator for the Secretary of | 2 | | State may elect to establish eligible creditable service for up | 3 | | to 5 years of service as a person employed by a participating | 4 | | municipality to perform police duties, or law enforcement | 5 | | officer employed on a full-time basis by a forest preserve | 6 | | district under Article 7, a county corrections officer, or a | 7 | | court services officer under Article 9, by filing a written | 8 | | election with the Board within 6 months after August 25, 2009 | 9 | | (the effective date of Public Act 96-745) and paying to the | 10 | | System an amount to be determined by the Board, equal to (i) | 11 | | the difference between the amount of employee and employer | 12 | | contributions transferred to the System under Sections 7-139.8 | 13 | | and 9-121.10 and the amounts that would have been contributed | 14 | | had such contributions been made at the rates applicable to | 15 | | State policemen, plus (ii) interest thereon at the actuarially | 16 | | assumed rate for each year, compounded annually, from the date | 17 | | of service to the date of payment. | 18 | | (i) The total amount of eligible creditable service | 19 | | established by any
person under subsections (g), (h), (j), (k), | 20 | | and (l) , and (l-5) of this
Section shall not exceed 12 years.
| 21 | | (j) Subject to the limitation in subsection (i), an | 22 | | investigator for
the Office of the State's Attorneys Appellate | 23 | | Prosecutor or a controlled
substance inspector may elect to
| 24 | | establish eligible creditable service for up to 10 years of his | 25 | | service as
a policeman under Article 3 or a sheriff's law | 26 | | enforcement employee under
Article 7, by filing a written |
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| 1 | | election with the Board, accompanied by
payment of an amount to | 2 | | be determined by the Board, equal to (1) the
difference between | 3 | | the amount of employee and employer contributions
transferred | 4 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
| 5 | | that would have been contributed had such contributions been | 6 | | made at the
rates applicable to State policemen, plus (2) | 7 | | interest thereon at the
effective rate for each year, | 8 | | compounded annually, from the date of service
to the date of | 9 | | payment.
| 10 | | (k) Subject to the limitation in subsection (i) of this | 11 | | Section, an
alternative formula employee may elect to establish | 12 | | eligible creditable
service for periods spent as a full-time | 13 | | law enforcement officer or full-time
corrections officer | 14 | | employed by the federal government or by a state or local
| 15 | | government located outside of Illinois, for which credit is not | 16 | | held in any
other public employee pension fund or retirement | 17 | | system. To obtain this
credit, the applicant must file a | 18 | | written application with the Board by March
31, 1998, | 19 | | accompanied by evidence of eligibility acceptable to the Board | 20 | | and
payment of an amount to be determined by the Board, equal | 21 | | to (1) employee
contributions for the credit being established, | 22 | | based upon the applicant's
salary on the first day as an | 23 | | alternative formula employee after the employment
for which | 24 | | credit is being established and the rates then applicable to
| 25 | | alternative formula employees, plus (2) an amount determined by | 26 | | the Board
to be the employer's normal cost of the benefits |
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| 1 | | accrued for the credit being
established, plus (3) regular | 2 | | interest on the amounts in items (1) and (2) from
the first day | 3 | | as an alternative formula employee after the employment for | 4 | | which
credit is being established to the date of payment.
| 5 | | (l) Subject to the limitation in subsection (i), a security | 6 | | employee of
the Department of Corrections may elect, not later | 7 | | than July 1, 1998, to
establish eligible creditable service for | 8 | | up to 10 years of his or her service
as a policeman under | 9 | | Article 3, by filing a written election with the Board,
| 10 | | accompanied by payment of an amount to be determined by the | 11 | | Board, equal to
(i) the difference between the amount of | 12 | | employee and employer contributions
transferred to the System | 13 | | under Section 3-110.5, and the amounts that would
have been | 14 | | contributed had such contributions been made at the rates | 15 | | applicable
to security employees of the Department of | 16 | | Corrections, plus (ii) interest
thereon at the effective rate | 17 | | for each year, compounded annually, from the date
of service to | 18 | | the date of payment.
| 19 | | (l-5) Subject to the limitation in subsection (i) of this | 20 | | Section, a State policeman may elect to establish eligible | 21 | | creditable service for up to 5 years of service as a full-time | 22 | | law enforcement officer employed by the federal government or | 23 | | by a state or local government located outside of Illinois for | 24 | | which credit is not held in any other public employee pension | 25 | | fund or retirement system. To obtain this credit, the applicant | 26 | | must file a written application with the Board, accompanied by |
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| 1 | | evidence of eligibility acceptable to the Board and payment of | 2 | | an amount to be determined by the Board, equal to (1) employee | 3 | | contributions for the credit being established, based upon the | 4 | | applicant's salary on the first day as an alternative formula | 5 | | employee after the employment for which credit is being | 6 | | established and the rates then applicable to alternative | 7 | | formula employees, plus (2) an amount determined by the Board | 8 | | to be the employer's normal cost of the benefits accrued for | 9 | | the credit being established, plus (3) regular interest on the | 10 | | amounts in items (1) and (2) from the first day as an | 11 | | alternative formula employee after the employment for which | 12 | | credit is being established to the date of payment. | 13 | | (m) The amendatory changes to this Section made by this | 14 | | amendatory Act of the 94th General Assembly apply only to: (1) | 15 | | security employees of the Department of Juvenile Justice | 16 | | employed by the Department of Corrections before the effective | 17 | | date of this amendatory Act of the 94th General Assembly and | 18 | | transferred to the Department of Juvenile Justice by this | 19 | | amendatory Act of the 94th General Assembly; and (2) persons | 20 | | employed by the Department of Juvenile Justice on or after the | 21 | | effective date of this amendatory Act of the 94th General | 22 | | Assembly who are required by subsection (b) of Section 3-2.5-15 | 23 | | of the Unified Code of Corrections to have any bachelor's or | 24 | | advanced degree from an accredited college or university or, in | 25 | | the case of persons who provide vocational training, who are | 26 | | required to have adequate knowledge in the skill for which they |
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| 1 | | are providing the vocational training.
| 2 | | (n) A person employed in a position under subsection (b) of | 3 | | this Section who has purchased service credit under subsection | 4 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in | 5 | | any other capacity under this Article may convert up to 5 years | 6 | | of that service credit into service credit covered under this | 7 | | Section by paying to the Fund an amount equal to (1) the | 8 | | additional employee contribution required under Section | 9 | | 14-133, plus (2) the additional employer contribution required | 10 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 11 | | the actuarially assumed rate from the date of the service to | 12 | | the date of payment. | 13 | | (Source: P.A. 100-19, eff. 1-1-18 .)
| 14 | | (40 ILCS 5/14-152.1)
| 15 | | Sec. 14-152.1. Application and expiration of new benefit | 16 | | increases. | 17 | | (a) As used in this Section, "new benefit increase" means | 18 | | an increase in the amount of any benefit provided under this | 19 | | Article, or an expansion of the conditions of eligibility for | 20 | | any benefit under this Article, that results from an amendment | 21 | | to this Code that takes effect after June 1, 2005 (the | 22 | | effective date of Public Act 94-4). "New benefit increase", | 23 | | however, does not include any benefit increase resulting from | 24 | | the changes made to Article 1 or this Article by Public Act | 25 | | 96-37 , Public Act 100-23, or this amendatory Act of the 100th |
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| 1 | | General Assembly or by this amendatory Act of the 100th General | 2 | | Assembly .
| 3 | | (b) Notwithstanding any other provision of this Code or any | 4 | | subsequent amendment to this Code, every new benefit increase | 5 | | is subject to this Section and shall be deemed to be granted | 6 | | only in conformance with and contingent upon compliance with | 7 | | the provisions of this Section.
| 8 | | (c) The Public Act enacting a new benefit increase must | 9 | | identify and provide for payment to the System of additional | 10 | | funding at least sufficient to fund the resulting annual | 11 | | increase in cost to the System as it accrues. | 12 | | Every new benefit increase is contingent upon the General | 13 | | Assembly providing the additional funding required under this | 14 | | subsection. The Commission on Government Forecasting and | 15 | | Accountability shall analyze whether adequate additional | 16 | | funding has been provided for the new benefit increase and | 17 | | shall report its analysis to the Public Pension Division of the | 18 | | Department of Insurance. A new benefit increase created by a | 19 | | Public Act that does not include the additional funding | 20 | | required under this subsection is null and void. If the Public | 21 | | Pension Division determines that the additional funding | 22 | | provided for a new benefit increase under this subsection is or | 23 | | has become inadequate, it may so certify to the Governor and | 24 | | the State Comptroller and, in the absence of corrective action | 25 | | by the General Assembly, the new benefit increase shall expire | 26 | | at the end of the fiscal year in which the certification is |
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| 1 | | made.
| 2 | | (d) Every new benefit increase shall expire 5 years after | 3 | | its effective date or on such earlier date as may be specified | 4 | | in the language enacting the new benefit increase or provided | 5 | | under subsection (c). This does not prevent the General | 6 | | Assembly from extending or re-creating a new benefit increase | 7 | | by law. | 8 | | (e) Except as otherwise provided in the language creating | 9 | | the new benefit increase, a new benefit increase that expires | 10 | | under this Section continues to apply to persons who applied | 11 | | and qualified for the affected benefit while the new benefit | 12 | | increase was in effect and to the affected beneficiaries and | 13 | | alternate payees of such persons, but does not apply to any | 14 | | other person, including without limitation a person who | 15 | | continues in service after the expiration date and did not | 16 | | apply and qualify for the affected benefit while the new | 17 | | benefit increase was in effect.
| 18 | | (Source: P.A. 100-23, eff. 7-6-17.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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