Full Text of SB0065 95th General Assembly
SB0065enr 95TH GENERAL ASSEMBLY
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SB0065 Enrolled |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 3-110.6, 3-110.8, 3-125, 5-236, 7-139.8, 7-139.11, | 6 |
| 9-121.10, 14-110, and 15-134.4 and by adding Sections 3-110.9 | 7 |
| and 7-138.12 as follows:
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| (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
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| Sec. 3-110.6. Transfer to Article 14 System.
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| (a) Any active member of the State Employees' Retirement | 11 |
| System who is
a State policeman, an investigator for the | 12 |
| Secretary of State, a conservation police officer, an | 13 |
| investigator for the Office of the State's Attorneys Appellate
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| Prosecutor , or a controlled substance inspector may apply for | 15 |
| transfer of
some or all of his or her creditable service | 16 |
| accumulated
in any police pension fund under this Article to | 17 |
| the State Employees'
Retirement System in accordance with | 18 |
| Section 14-110. The creditable
service shall be transferred | 19 |
| only upon payment by the police pension fund to
the State | 20 |
| Employees' Retirement System of an amount equal to:
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| (1) the amounts accumulated to the credit of the | 22 |
| applicant for the service to be transferred on the books
of | 23 |
| the fund on the date of transfer; and
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| (2) employer contributions in an amount equal to the | 2 |
| amount determined
under subparagraph (1); and
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| (3) any interest paid by the applicant in order to | 4 |
| reinstate service to be transferred .
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| Participation in the police pension fund with respect to the | 6 |
| service to be transferred shall terminate on the date
of | 7 |
| transfer.
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| (b) Any person applying to transfer service under this | 9 |
| Section
such investigator or inspector may reinstate service | 10 |
| that
which was
terminated by receipt of a refund, by paying to | 11 |
| the police pension fund the
amount of the refund with interest | 12 |
| thereon at the rate of 6% per year,
compounded annually, from | 13 |
| the date of refund to the date of payment.
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| (Source: P.A. 90-32, eff. 6-27-97.)
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| (40 ILCS 5/3-110.8)
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| Sec. 3-110.8. Transfer to IMRF. | 17 |
| (a) Until January 1, 2008
2006 , any active member of the | 18 |
| Illinois Municipal Retirement Fund who
has less than 8 years of | 19 |
| creditable service in a police pension fund under this Article, | 20 |
| may apply for transfer of his or her creditable service | 21 |
| accumulated
in that fund to the Illinois Municipal
Retirement | 22 |
| Fund. The creditable service shall be transferred upon payment | 23 |
| by
the police pension fund to the Illinois Municipal Retirement | 24 |
| Fund of an amount
equal to: | 25 |
| (1) the amounts accumulated to the credit of the |
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| applicant on the books
of the fund on the date of transfer; | 2 |
| and
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| (2) employer contributions in an amount equal to the | 4 |
| amount determined
under subparagraph (1); and
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| (3) any interest paid by the applicant in order to | 6 |
| reinstate service.
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| Participation in this Fund shall terminate on the date of | 8 |
| transfer.
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| (b) Until January 1, 2008
2006 , any member under subsection | 10 |
| (a) may reinstate service which was
terminated by receipt of a | 11 |
| refund, by payment to the police pension fund of the
amount of | 12 |
| the refund with interest thereon at the rate of 6% per year,
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| compounded annually, from the date of refund to the date of | 14 |
| payment.
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| (Source: P.A. 94-356, eff. 7-29-05.) | 16 |
| (40 ILCS 5/3-110.9 new)
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| Sec. 3-110.9. Transfer from Article 7. Until January 1, | 18 |
| 2008, a person may transfer to a fund established under this | 19 |
| Article up to 8 years of creditable service accumulated under | 20 |
| Article 7 of this Code upon payment to the fund of an amount to | 21 |
| be determined by
the board, equal to (i) the difference between | 22 |
| the amount of
employee and employer contributions transferred | 23 |
| to the fund
under Section 7-139.11 and the amounts that would | 24 |
| have been contributed had such
contributions been made at the | 25 |
| rates applicable to an employee under this Article, plus (ii) |
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| interest thereon at the effective rate for
each year, | 2 |
| compounded annually, from the date of service to the
date of | 3 |
| payment.
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| (40 ILCS 5/3-125) (from Ch. 108 1/2, par. 3-125)
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| Sec. 3-125. Financing. The city council or the board of | 6 |
| trustees of
the municipality shall annually levy a tax upon all
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| the taxable property of the municipality at the rate on the | 8 |
| dollar which
will produce an amount which, when added to the | 9 |
| deductions from the salaries
or wages of police officers, and | 10 |
| revenues
available from other
sources, will equal a sum | 11 |
| sufficient to meet
the annual requirements of the police | 12 |
| pension fund. The annual
requirements to be provided by such | 13 |
| tax levy are equal
to (1) the normal cost of the pension fund | 14 |
| for the year involved, plus
(2) the amount necessary to | 15 |
| amortize the fund's unfunded accrued liabilities
as provided in | 16 |
| Section 3-127. The tax shall be levied and
collected in the | 17 |
| same manner as the general taxes
of the municipality, and in | 18 |
| addition to all other taxes now or hereafter authorized to
be | 19 |
| levied upon all property within the municipality, and shall be | 20 |
| in
addition to the amount authorized to be levied for general | 21 |
| purposes as
provided by Section 8-3-1 of the Illinois Municipal | 22 |
| Code, approved May
29, 1961, as amended. The tax shall be | 23 |
| forwarded directly to the treasurer of the board within 30 | 24 |
| business days after receipt by the county.
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| The police pension fund shall consist of the following |
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| moneys which
shall be set apart by the treasurer of the | 2 |
| municipality:
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| (1) All moneys derived from the taxes levied hereunder;
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| (2) Contributions by police officers under Section | 5 |
| 3-125.1;
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| (3) All moneys accumulated by the municipality under any | 7 |
| previous
legislation establishing a fund for the benefit of | 8 |
| disabled or retired
police officers;
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| (4) Donations, gifts or other transfers authorized by this
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| Article.
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| (Source: P.A. 83-1440.)
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| (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
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| Sec. 5-236. Transfer to Article 14.
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| (a) Until January 31, 1994, Any active member of the State | 15 |
| Employees'
Retirement System who is a State policeman , | 16 |
| conservation police officer, or investigator for the
Secretary | 17 |
| of State may apply for transfer of some or all of his or her
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| creditable service
accumulated under this Article to the State | 19 |
| Employees' Retirement System in accordance with Section | 20 |
| 14-110 .
At the time of the transfer the Fund shall pay to the | 21 |
| State Employees'
Retirement System an amount equal to:
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| (1) the amounts accumulated to the credit of the | 23 |
| applicant for the service to be transferred on the books
of | 24 |
| the Fund on the date of transfer; and
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| (2) the corresponding municipality credits, including |
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| interest, on the
books of the Fund on the date of transfer; | 2 |
| and
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| (3) any interest paid by the applicant in order to | 4 |
| reinstate service to be transferred .
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| Participation in this Fund with respect to the service to be | 6 |
| transferred shall terminate on the date of transfer.
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| (b) Until January 31, 1994, Any such State policeman , | 8 |
| conservation police officer, or investigator
for the Secretary | 9 |
| of State may reinstate service that was terminated by
receipt | 10 |
| of a refund, by paying to the Fund the amount of the refund | 11 |
| with
interest thereon at the rate of 6% per year, compounded | 12 |
| annually, from the
date of refund to the date of payment.
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| (c) Within 30 days after the effective date of this | 14 |
| amendatory Act of
1993, any active member of the State | 15 |
| Employees' Retirement System who was
earning eligible | 16 |
| creditable service under subdivision (b)(12) of Section
14-110 | 17 |
| on January 1, 1992 and who has at least 17 years of creditable
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| service under this Article may apply for transfer of his | 19 |
| creditable service
accumulated under this Article to the State | 20 |
| Employees' Retirement System.
At the time of the transfer the | 21 |
| Fund shall pay to the State Employees'
Retirement System an | 22 |
| amount equal to:
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| (1) the amounts accumulated to the credit of the | 24 |
| applicant on the books
of the Fund on the date of transfer; | 25 |
| and
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| (2) the corresponding municipality credits, including |
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| interest, on the
books of the Fund on the date of transfer.
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| Participation in this Fund shall terminate on the date of | 3 |
| transfer.
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| (Source: P.A. 86-1488; 87-1265.)
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| (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
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| Sec. 7-139.8. Transfer to Article 14 System.
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| (a) Any active member of the State Employees' Retirement | 8 |
| System who is a State policeman, an investigator for the | 9 |
| Secretary of State, a conservation police officer, an
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| investigator for the Office of the State's Attorneys Appellate | 11 |
| Prosecutor ,
or a controlled substance inspector
may apply for | 12 |
| transfer of some or all of his or her credits and creditable | 13 |
| service
accumulated in this Fund for service as a sheriff's law | 14 |
| enforcement
employee to the State Employees' Retirement System | 15 |
| in accordance with
Section 14-110. The creditable service shall | 16 |
| be transferred only upon payment
by this Fund to the State | 17 |
| Employees' Retirement System of an amount equal to:
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| (1) the amounts accumulated to the credit of the | 19 |
| applicant for the service
to be transferred
as a sheriff's | 20 |
| law enforcement employee , including interest; and
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| (2) municipality credits based on such service, | 22 |
| including interest; and
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| (3) any interest paid by the applicant to reinstate | 24 |
| such service.
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| Participation in this Fund as to any credits transferred under |
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| this
Section shall terminate on the date of transfer.
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| (b) Any person applying to transfer service under this | 3 |
| Section
such investigator or inspector may reinstate credits | 4 |
| and
creditable service terminated upon receipt of a separation | 5 |
| benefit, by paying
to the Fund the amount of the separation | 6 |
| benefit plus interest thereon at the
rate of 6% per year to the | 7 |
| date of payment.
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| (Source: P.A. 90-32, eff. 6-27-97.)
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| (40 ILCS 5/7-139.11)
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| Sec. 7-139.11. Transfer to Article 3 pension fund. | 11 |
| (a) Until January 1, 2008
2006 , a person who has less than | 12 |
| 8 years of creditable service under this Article and who has | 13 |
| become an active
participant in a police pension fund | 14 |
| established under Article 3 of this Code
may apply for transfer | 15 |
| to that Article 3 fund of his or her creditable service
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| accumulated under this Article. At the
time of the transfer the | 17 |
| Fund shall pay to the police pension fund an amount
equal to: | 18 |
| (1) the amounts accumulated to the credit of the | 19 |
| applicant under this Article, including interest; and
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| (2) the municipality credits based on that service, | 21 |
| including interest;
and
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| (3) any interest paid by the applicant in order to | 23 |
| reinstate that service.
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| Participation in this Fund with respect to the transferred | 25 |
| credits shall
terminate on the date of transfer.
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| (b) An active member of a pension fund established under | 2 |
| Article 3
of this Code may reinstate creditable service
under | 3 |
| this Article that was terminated by receipt of a refund, by | 4 |
| paying to the
Fund the amount of the refund plus interest | 5 |
| thereon at the rate of 6% per year,
compounded annually, from | 6 |
| the date of refund to the date of payment.
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| (Source: P.A. 94-356, eff. 7-29-05.) | 8 |
| (40 ILCS 5/7-139.12 new)
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| Sec. 7-139.12. Transfer from Article 3. Until January 1, | 10 |
| 2008, a person may transfer to the Illinois Municipal | 11 |
| Retirement Systems up to 8 years of creditable service | 12 |
| accumulated under Article 3 of this Code upon payment to the | 13 |
| Fund of an amount to be determined by
the board, equal to (i) | 14 |
| the difference between the amount of
employee and employer | 15 |
| contributions transferred to the Fund
under Section 3-110.8 and | 16 |
| the amounts that would have been contributed had such
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| contributions been made at the rates applicable to an employee | 18 |
| under this Article, plus (ii) interest thereon at the effective | 19 |
| rate for
each year, compounded annually, from the date of | 20 |
| service to the
date of payment.
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| (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
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| Sec. 9-121.10. Transfer to Article 14.
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| (a) Until July 1, 1993, Any active member of the State | 24 |
| Employees'
Retirement System who is a State policeman , |
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| investigator for the Secretary of State, or conservation police | 2 |
| officer may apply for transfer of some
or all of his creditable | 3 |
| service as a member of the County Police
Department accumulated | 4 |
| under this Article to the State Employees'
Retirement System in | 5 |
| accordance with Section 14-110 . At the time of the transfer the | 6 |
| Fund shall pay to the
State Employees' Retirement System an | 7 |
| amount equal to:
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| (1) the amounts accumulated to the credit of the | 9 |
| applicant on the
books of the Fund on the date of transfer | 10 |
| for the service to be
transferred; and
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| (2) the corresponding municipality credits, including | 12 |
| interest, on the
books of the Fund on the date of transfer; | 13 |
| and
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| (3) any interest paid by the applicant in order to | 15 |
| reinstate such service.
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| Participation in this Fund with respect to the credits | 17 |
| transferred shall
terminate on the date of transfer.
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| (b) Any person applying to transfer service under this | 19 |
| Section
Until July 1, 1993, any such State policeman
may | 20 |
| reinstate credit for service as a member of the County Police
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| Department that was terminated by receipt of a refund, by | 22 |
| paying to the
Fund the amount of the refund with interest | 23 |
| thereon at the rate of 6% per
year, compounded annually, from | 24 |
| the date of refund to the date of payment.
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| (Source: P.A. 87-1265.)
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| (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
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| Sec. 14-110. Alternative retirement annuity.
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| (a) Any member who has withdrawn from service with not less | 4 |
| than 20
years of eligible creditable service and has attained | 5 |
| age 55, and any
member who has withdrawn from service with not | 6 |
| less than 25 years of
eligible creditable service and has | 7 |
| attained age 50, regardless of whether
the attainment of either | 8 |
| of the specified ages occurs while the member is
still in | 9 |
| service, shall be entitled to receive at the option of the | 10 |
| member,
in lieu of the regular or minimum retirement annuity, a | 11 |
| retirement annuity
computed as follows:
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| (i) for periods of service as a noncovered employee:
if | 13 |
| retirement occurs on or after January 1, 2001, 3% of final
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| average compensation for each year of creditable service; | 15 |
| if retirement occurs
before January 1, 2001, 2 1/4% of | 16 |
| final average compensation for each of the
first 10 years | 17 |
| of creditable service, 2 1/2% for each year above 10 years | 18 |
| to
and including 20 years of creditable service, and 2 3/4% | 19 |
| for each year of
creditable service above 20 years; and
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| (ii) for periods of eligible creditable service as a | 21 |
| covered employee:
if retirement occurs on or after January | 22 |
| 1, 2001, 2.5% of final average
compensation for each year | 23 |
| of creditable service; if retirement occurs before
January | 24 |
| 1, 2001, 1.67% of final average compensation for each of | 25 |
| the first
10 years of such service, 1.90% for each of the | 26 |
| next 10 years of such service,
2.10% for each year of such |
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| service in excess of 20 but not exceeding 30, and
2.30% for | 2 |
| each year in excess of 30.
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| Such annuity shall be subject to a maximum of 75% of final | 4 |
| average
compensation if retirement occurs before January 1, | 5 |
| 2001 or to a maximum
of 80% of final average compensation if | 6 |
| retirement occurs on or after January
1, 2001.
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| These rates shall not be applicable to any service | 8 |
| performed
by a member as a covered employee which is not | 9 |
| eligible creditable service.
Service as a covered employee | 10 |
| which is not eligible creditable service
shall be subject to | 11 |
| the rates and provisions of Section 14-108.
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| (b) For the purpose of this Section, "eligible creditable | 13 |
| service" means
creditable service resulting from service in one | 14 |
| or more of the following
positions:
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| (1) State policeman;
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| (2) fire fighter in the fire protection service of a | 17 |
| department;
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| (3) air pilot;
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| (4) special agent;
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| (5) investigator for the Secretary of State;
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| (6) conservation police officer;
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| (7) investigator for the Department of Revenue;
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| (8) security employee of the Department of Human | 24 |
| Services;
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| (9) Central Management Services security police | 26 |
| officer;
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| (10) security employee of the Department of | 2 |
| Corrections or the Department of Juvenile Justice;
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| (11) dangerous drugs investigator;
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| (12) investigator for the Department of State Police;
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| (13) investigator for the Office of the Attorney | 6 |
| General;
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| (14) controlled substance inspector;
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| (15) investigator for the Office of the State's | 9 |
| Attorneys Appellate
Prosecutor;
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| (16) Commerce Commission police officer;
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| (17) arson investigator;
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| (18) State highway maintenance worker.
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| A person employed in one of the positions specified in this | 14 |
| subsection is
entitled to eligible creditable service for | 15 |
| service credit earned under this
Article while undergoing the | 16 |
| basic police training course approved by the
Illinois Law | 17 |
| Enforcement Training
Standards Board, if
completion of that | 18 |
| training is required of persons serving in that position.
For | 19 |
| the purposes of this Code, service during the required basic | 20 |
| police
training course shall be deemed performance of the | 21 |
| duties of the specified
position, even though the person is not | 22 |
| a sworn peace officer at the time of
the training.
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| (c) For the purposes of this Section:
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| (1) The term "state policeman" includes any title or | 25 |
| position
in the Department of State Police that is held by | 26 |
| an individual employed
under the State Police Act.
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| (2) The term "fire fighter in the fire protection | 2 |
| service of a
department" includes all officers in such fire | 3 |
| protection service
including fire chiefs and assistant | 4 |
| fire chiefs.
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| (3) The term "air pilot" includes any employee whose | 6 |
| official job
description on file in the Department of | 7 |
| Central Management Services, or
in the department by which | 8 |
| he is employed if that department is not covered
by the | 9 |
| Personnel Code, states that his principal duty is the | 10 |
| operation of
aircraft, and who possesses a pilot's license; | 11 |
| however, the change in this
definition made by this | 12 |
| amendatory Act of 1983 shall not operate to exclude
any | 13 |
| noncovered employee who was an "air pilot" for the purposes | 14 |
| of this
Section on January 1, 1984.
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| (4) The term "special agent" means any person who by | 16 |
| reason of
employment by the Division of Narcotic Control, | 17 |
| the Bureau of Investigation
or, after July 1, 1977, the | 18 |
| Division of Criminal Investigation, the
Division of | 19 |
| Internal Investigation, the Division of Operations, or any
| 20 |
| other Division or organizational
entity in the Department | 21 |
| of State Police is vested by law with duties to
maintain | 22 |
| public order, investigate violations of the criminal law of | 23 |
| this
State, enforce the laws of this State, make arrests | 24 |
| and recover property.
The term "special agent" includes any | 25 |
| title or position in the Department
of State Police that is | 26 |
| held by an individual employed under the State
Police Act.
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| (5) The term "investigator for the Secretary of State" | 2 |
| means any person
employed by the Office of the Secretary of | 3 |
| State and vested with such
investigative duties as render | 4 |
| him ineligible for coverage under the Social
Security Act | 5 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 6 |
| 218(l)(1)
of that Act.
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| A person who became employed as an investigator for the | 8 |
| Secretary of
State between January 1, 1967 and December 31, | 9 |
| 1975, and who has served as
such until attainment of age | 10 |
| 60, either continuously or with a single break
in service | 11 |
| of not more than 3 years duration, which break terminated | 12 |
| before
January 1, 1976, shall be entitled to have his | 13 |
| retirement annuity
calculated in accordance with | 14 |
| subsection (a), notwithstanding
that he has less than 20 | 15 |
| years of credit for such service.
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| (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
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| Conservation Police Administrator.
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| (7) The term "investigator for the Department of | 26 |
| Revenue" means any
person employed by the Department of |
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| Revenue and vested with such
investigative duties as render | 2 |
| him ineligible for coverage under the Social
Security Act | 3 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 4 |
| 218(l)(1)
of that Act.
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| (8) The term "security employee of the Department of | 6 |
| Human Services"
means any person employed by the Department | 7 |
| of Human Services who (i) is
employed at the Chester Mental | 8 |
| Health Center and has daily contact with the
residents | 9 |
| thereof, (ii) is employed within a security unit at a | 10 |
| facility
operated by the Department and has daily contact | 11 |
| with the residents of the
security unit, (iii) is employed | 12 |
| at a facility operated by the Department
that includes a | 13 |
| security unit and is regularly scheduled to work at least
| 14 |
| 50% of his or her working hours within that security unit, | 15 |
| or (iv) is a mental health police officer.
"Mental health | 16 |
| police officer" means any person employed by the Department | 17 |
| of
Human Services in a position pertaining to the | 18 |
| Department's mental health and
developmental disabilities | 19 |
| functions who is vested with such law enforcement
duties as | 20 |
| render the person ineligible for coverage under the Social | 21 |
| Security
Act by reason of Sections 218(d)(5)(A), | 22 |
| 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 23 |
| means that portion of a facility that is devoted to
the | 24 |
| care, containment, and treatment of persons committed to | 25 |
| the Department of
Human Services as sexually violent | 26 |
| persons, persons unfit to stand trial, or
persons not |
|
|
|
SB0065 Enrolled |
- 17 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| guilty by reason of insanity. With respect to past | 2 |
| employment,
references to the Department of Human Services | 3 |
| include its predecessor, the
Department of Mental Health | 4 |
| and Developmental Disabilities.
| 5 |
| The changes made to this subdivision (c)(8) by Public | 6 |
| Act 92-14 apply to persons who retire on or after January | 7 |
| 1,
2001, notwithstanding Section 1-103.1.
| 8 |
| (9) "Central Management Services security police | 9 |
| officer" means any
person employed by the Department of | 10 |
| Central Management Services who is
vested with such law | 11 |
| enforcement 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.
| 14 |
| (10) For a member who first became an employee under | 15 |
| this Article before July 1, 2005, the term "security | 16 |
| employee of the Department of Corrections or the Department | 17 |
| of Juvenile Justice"
means any employee of the Department | 18 |
| of Corrections or the Department of Juvenile Justice or the | 19 |
| former
Department of Personnel, and any member or employee | 20 |
| of the Prisoner
Review Board, who has daily contact with | 21 |
| inmates or youth by working within a
correctional facility | 22 |
| or Juvenile facility operated by the Department of Juvenile | 23 |
| Justice or who is a parole officer or an employee who has
| 24 |
| direct contact with committed persons in the performance of | 25 |
| his or her
job duties. For a member who first becomes an | 26 |
| employee under this Article on or after July 1, 2005, the |
|
|
|
SB0065 Enrolled |
- 18 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| term means an employee of the Department of Corrections or | 2 |
| the Department of Juvenile Justice who is any of the | 3 |
| following: (i) officially headquartered at a correctional | 4 |
| facility or Juvenile facility operated by the Department of | 5 |
| Juvenile Justice, (ii) a parole officer, (iii) a member of | 6 |
| the apprehension unit, (iv) a member of the intelligence | 7 |
| unit, (v) a member of the sort team, or (vi) an | 8 |
| investigator.
| 9 |
| (11) The term "dangerous drugs investigator" means any | 10 |
| person who is
employed as such by the Department of Human | 11 |
| Services.
| 12 |
| (12) The term "investigator for the Department of State | 13 |
| Police" means
a person employed by the Department of State | 14 |
| Police who is vested under
Section 4 of the Narcotic | 15 |
| Control Division Abolition Act with such
law enforcement | 16 |
| powers as render him ineligible for coverage under the
| 17 |
| Social Security Act by reason of Sections 218(d)(5)(A), | 18 |
| 218(d)(8)(D) and
218(l)(1) of that Act.
| 19 |
| (13) "Investigator for the Office of the Attorney | 20 |
| General" means any
person who is employed as such by the | 21 |
| Office of the Attorney General and
is vested with such | 22 |
| investigative duties as render him ineligible for
coverage | 23 |
| under the Social Security Act by reason of Sections | 24 |
| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 25 |
| the period before January 1,
1989, the term includes all | 26 |
| persons who were employed as investigators by the
Office of |
|
|
|
SB0065 Enrolled |
- 19 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| the Attorney General, without regard to social security | 2 |
| status.
| 3 |
| (14) "Controlled substance inspector" means any person | 4 |
| who is employed
as such by the Department of Professional | 5 |
| Regulation and is vested with such
law enforcement duties | 6 |
| as render him ineligible for coverage under the Social
| 7 |
| Security Act by reason of Sections 218(d)(5)(A), | 8 |
| 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 9 |
| "controlled substance inspector" includes the Program
| 10 |
| Executive of Enforcement and the Assistant Program | 11 |
| Executive of Enforcement.
| 12 |
| (15) The term "investigator for the Office of the | 13 |
| State's Attorneys
Appellate Prosecutor" means a person | 14 |
| employed in that capacity on a full
time basis under the | 15 |
| authority of Section 7.06 of the State's Attorneys
| 16 |
| Appellate Prosecutor's Act.
| 17 |
| (16) "Commerce Commission police officer" means any | 18 |
| person employed
by the Illinois Commerce Commission who is | 19 |
| vested with such law
enforcement duties as render him | 20 |
| ineligible for coverage under the Social
Security Act by | 21 |
| reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 22 |
| 218(l)(1) of that Act.
| 23 |
| (17) "Arson investigator" means any person who is | 24 |
| employed as such by
the Office of the State Fire Marshal | 25 |
| and is vested with such law enforcement
duties as render | 26 |
| the person ineligible for coverage under the Social |
|
|
|
SB0065 Enrolled |
- 20 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| Security
Act by reason of Sections 218(d)(5)(A), | 2 |
| 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 3 |
| employed as an arson
investigator on January 1, 1995 and is | 4 |
| no longer in service but not yet
receiving a retirement | 5 |
| annuity may convert his or her creditable service for
| 6 |
| employment as an arson investigator into eligible | 7 |
| creditable service by paying
to the System the difference | 8 |
| between the employee contributions actually paid
for that | 9 |
| service and the amounts that would have been contributed if | 10 |
| the
applicant were contributing at the rate applicable to | 11 |
| persons with the same
social security status earning | 12 |
| eligible creditable service on the date of
application.
| 13 |
| (18) The term "State highway maintenance worker" means | 14 |
| a person who is
either of the following:
| 15 |
| (i) A person employed on a full-time basis by the | 16 |
| Illinois
Department of Transportation in the position | 17 |
| of
highway maintainer,
highway maintenance lead | 18 |
| worker,
highway maintenance lead/lead worker,
heavy | 19 |
| construction equipment operator,
power shovel | 20 |
| operator, or
bridge mechanic; and
whose principal | 21 |
| responsibility is to perform, on the roadway, the | 22 |
| actual
maintenance necessary to keep the highways that | 23 |
| form a part of the State
highway system in serviceable | 24 |
| condition for vehicular traffic.
| 25 |
| (ii) A person employed on a full-time basis by the | 26 |
| Illinois
State Toll Highway Authority in the position |
|
|
|
SB0065 Enrolled |
- 21 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| of
equipment operator/laborer H-4,
equipment | 2 |
| operator/laborer H-6,
welder H-4,
welder H-6,
| 3 |
| mechanical/electrical H-4,
mechanical/electrical H-6,
| 4 |
| water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 5 |
| H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 6 |
| roadway lighting H-6,
structural H-4,
structural H-6,
| 7 |
| painter H-4, or
painter H-6; and
whose principal | 8 |
| responsibility is to perform, on the roadway, the | 9 |
| actual
maintenance necessary to keep the Authority's | 10 |
| tollways in serviceable condition
for vehicular | 11 |
| traffic.
| 12 |
| (d) A security employee of the Department of Corrections or | 13 |
| the Department of Juvenile Justice, and a security
employee of | 14 |
| the Department of Human Services who is not a mental health | 15 |
| police
officer, shall not be eligible for the alternative | 16 |
| retirement annuity provided
by this Section unless he or she | 17 |
| meets the following minimum age and service
requirements at the | 18 |
| time of retirement:
| 19 |
| (i) 25 years of eligible creditable service and age 55; | 20 |
| or
| 21 |
| (ii) beginning January 1, 1987, 25 years of eligible | 22 |
| creditable service
and age 54, or 24 years of eligible | 23 |
| creditable service and age 55; or
| 24 |
| (iii) beginning January 1, 1988, 25 years of eligible | 25 |
| creditable service
and age 53, or 23 years of eligible | 26 |
| creditable service and age 55; or
|
|
|
|
SB0065 Enrolled |
- 22 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| (iv) beginning January 1, 1989, 25 years of eligible | 2 |
| creditable service
and age 52, or 22 years of eligible | 3 |
| creditable service and age 55; or
| 4 |
| (v) beginning January 1, 1990, 25 years of eligible | 5 |
| creditable service
and age 51, or 21 years of eligible | 6 |
| creditable service and age 55; or
| 7 |
| (vi) beginning January 1, 1991, 25 years of eligible | 8 |
| creditable service
and age 50, or 20 years of eligible | 9 |
| creditable service and age 55.
| 10 |
| Persons who have service credit under Article 16 of this | 11 |
| Code for service
as a security employee of the Department of | 12 |
| Corrections or the Department of Juvenile Justice, or the | 13 |
| Department
of Human Services in a position requiring | 14 |
| certification as a teacher may
count such service toward | 15 |
| establishing their eligibility under the service
requirements | 16 |
| of this Section; but such service may be used only for
| 17 |
| establishing such eligibility, and not for the purpose of | 18 |
| increasing or
calculating any benefit.
| 19 |
| (e) If a member enters military service while working in a | 20 |
| position in
which eligible creditable service may be earned, | 21 |
| and returns to State
service in the same or another such | 22 |
| position, and fulfills in all other
respects the conditions | 23 |
| prescribed in this Article for credit for military
service, | 24 |
| such military service shall be credited as eligible creditable
| 25 |
| service for the purposes of the retirement annuity prescribed | 26 |
| in this Section.
|
|
|
|
SB0065 Enrolled |
- 23 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| (f) For purposes of calculating retirement annuities under | 2 |
| this
Section, periods of service rendered after December 31, | 3 |
| 1968 and before
October 1, 1975 as a covered employee in the | 4 |
| position of special agent,
conservation police officer, mental | 5 |
| health police officer, or investigator
for the Secretary of | 6 |
| State, shall be deemed to have been service as a
noncovered | 7 |
| employee, provided that the employee pays to the System prior | 8 |
| to
retirement an amount equal to (1) the difference between the | 9 |
| employee
contributions that would have been required for such | 10 |
| service as a
noncovered employee, and the amount of employee | 11 |
| contributions actually
paid, plus (2) if payment is made after | 12 |
| July 31, 1987, regular interest
on the amount specified in item | 13 |
| (1) from the date of service to the date
of 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 be | 18 |
| deemed to have been service as a noncovered
employee, provided | 19 |
| that the employee pays to the System prior to retirement
an | 20 |
| amount equal to (1) the difference between the employee | 21 |
| contributions
that would have been required for such service as | 22 |
| a noncovered employee,
and the amount of employee contributions | 23 |
| actually paid, plus (2) if payment
is made after January 1, | 24 |
| 1990, regular interest on the amount specified in
item (1) from | 25 |
| the date of service to the date of payment.
| 26 |
| (g) A State policeman may elect, not later than January 1, |
|
|
|
SB0065 Enrolled |
- 24 - |
LRB095 06385 AMC 26482 b |
|
| 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 an | 4 |
| 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 for | 10 |
| each year, compounded annually, from the date of
service to the | 11 |
| 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 for | 23 |
| each year, compounded annually, from the date of service to the
| 24 |
| 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 |
|
|
|
SB0065 Enrolled |
- 25 - |
LRB095 06385 AMC 26482 b |
|
| 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 thereon | 10 |
| at the effective rate for each year, compounded
annually, from | 11 |
| 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 would | 22 |
| have been contributed had such
contributions been made at the | 23 |
| rates applicable to State policemen, plus
(ii) interest thereon | 24 |
| at the effective rate for each year, compounded
annually, from | 25 |
| the date of service to the date of payment.
| 26 |
| Subject to the limitation in subsection (i), a State |
|
|
|
SB0065 Enrolled |
- 26 - |
LRB095 06385 AMC 26482 b |
|
| 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 of | 6 |
| 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 for | 15 |
| each year, compounded
annually, from the date of service to the | 16 |
| date of payment. | 17 |
| (i) The total amount of eligible creditable service | 18 |
| established by any
person under subsections (g), (h), (j), (k), | 19 |
| and (l) of this
Section shall not exceed 12 years.
| 20 |
| (j) Subject to the limitation in subsection (i), an | 21 |
| investigator for
the Office of the State's Attorneys Appellate | 22 |
| Prosecutor or a controlled
substance inspector may elect to
| 23 |
| establish eligible creditable service for up to 10 years of his | 24 |
| service as
a policeman under Article 3 or a sheriff's law | 25 |
| enforcement employee under
Article 7, by filing a written | 26 |
| election with the Board, accompanied by
payment of an amount to |
|
|
|
SB0065 Enrolled |
- 27 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| be determined by the Board, equal to (1) the
difference between | 2 |
| the amount of employee and employer contributions
transferred | 3 |
| to the System under Section 3-110.6 or 7-139.8, and the amounts
| 4 |
| that would have been contributed had such contributions been | 5 |
| made at the
rates applicable to State policemen, plus (2) | 6 |
| interest thereon at the
effective rate for each year, | 7 |
| compounded annually, from the date of service
to the date of | 8 |
| payment.
| 9 |
| (k) Subject to the limitation in subsection (i) of this | 10 |
| Section, an
alternative formula employee may elect to establish | 11 |
| eligible creditable
service for periods spent as a full-time | 12 |
| law enforcement officer or full-time
corrections officer | 13 |
| employed by the federal government or by a state or local
| 14 |
| government located outside of Illinois, for which credit is not | 15 |
| held in any
other public employee pension fund or retirement | 16 |
| system. To obtain this
credit, the applicant must file a | 17 |
| written application with the Board by March
31, 1998, | 18 |
| accompanied by evidence of eligibility acceptable to the Board | 19 |
| and
payment of an amount to be determined by the Board, equal | 20 |
| to (1) employee
contributions for the credit being established, | 21 |
| based upon the applicant's
salary on the first day as an | 22 |
| alternative formula employee after the employment
for which | 23 |
| credit is being established and the rates then applicable to
| 24 |
| alternative formula employees, plus (2) an amount determined by | 25 |
| the Board
to be the employer's normal cost of the benefits | 26 |
| accrued for the credit being
established, plus (3) regular |
|
|
|
SB0065 Enrolled |
- 28 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| interest on the amounts in items (1) and (2) from
the first day | 2 |
| as an alternative formula employee after the employment for | 3 |
| which
credit is being established to the date of payment.
| 4 |
| (l) Subject to the limitation in subsection (i), a security | 5 |
| employee of
the Department of Corrections may elect, not later | 6 |
| than July 1, 1998, to
establish eligible creditable service for | 7 |
| up to 10 years of his or her service
as a policeman under | 8 |
| Article 3, by filing a written election with the Board,
| 9 |
| accompanied by payment of an amount to be determined by the | 10 |
| Board, equal to
(i) the difference between the amount of | 11 |
| employee and employer contributions
transferred to the System | 12 |
| under Section 3-110.5, and the amounts that would
have been | 13 |
| contributed had such contributions been made at the rates | 14 |
| applicable
to security employees of the Department of | 15 |
| Corrections, plus (ii) interest
thereon at the effective rate | 16 |
| for each year, compounded annually, from the date
of service to | 17 |
| the date of payment.
| 18 |
| (m) The amendatory changes to this Section made by this | 19 |
| amendatory Act of the 94th General Assembly apply only to: (1) | 20 |
| security employees of the Department of Juvenile Justice | 21 |
| employed by the Department of Corrections before the effective | 22 |
| date of this amendatory Act of the 94th General Assembly and | 23 |
| transferred to the Department of Juvenile Justice by this | 24 |
| amendatory Act of the 94th General Assembly; and (2) persons | 25 |
| employed by the Department of Juvenile Justice on or after the | 26 |
| effective date of this amendatory Act of the 94th General |
|
|
|
SB0065 Enrolled |
- 29 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| Assembly who are required by subsection (b) of Section 3-2.5-15 | 2 |
| of the Unified Code of Corrections to have a bachelor's or | 3 |
| advanced degree from an accredited college or university with a | 4 |
| specialization in criminal justice, education, psychology, | 5 |
| social work, or a closely related social science or, in the | 6 |
| case of persons who provide vocational training, who are | 7 |
| required to have adequate knowledge in the skill for which they | 8 |
| are providing the vocational training.
| 9 |
| (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06 .)
| 10 |
| (40 ILCS 5/15-134.4) (from Ch. 108 1/2, par. 15-134.4)
| 11 |
| Sec. 15-134.4. Transfer of creditable service to the
| 12 |
| Article 5 Pension Fund or Article 14 System .
| 13 |
| (a) An active member of the Pension Fund established under | 14 |
| Article 5 of this
Code may apply, not later than January 1, | 15 |
| 1990, to transfer his or her
credits and creditable service
| 16 |
| accumulated under this System for service with the City | 17 |
| Colleges of Chicago
teaching in the Criminal Justice Program, | 18 |
| to the Article 5 Fund. Such
credits and creditable service | 19 |
| shall be transferred forthwith. | 20 |
| Payment by this
System to the Article 5 Fund shall be made | 21 |
| at the same time and shall
consist of: | 22 |
| (1) the amounts credited to the applicant for such | 23 |
| service
through employee contributions, including | 24 |
| interest, as of the date of
transfer; and | 25 |
| (2) employer contributions equal in amount to the |
|
|
|
SB0065 Enrolled |
- 30 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| accumulated
employee contributions as determined in item | 2 |
| (1).
| 3 |
| Participation in this
System with respect to such credits shall | 4 |
| terminate on the date of transfer.
| 5 |
| (b) Any active member of the State Employees' Retirement | 6 |
| System who is
a State policeman, an investigator for the | 7 |
| Secretary of State, or a conservation police officer may apply | 8 |
| for transfer of
some or all of his or her creditable service | 9 |
| accumulated
in this System for service as a police officer to | 10 |
| the State Employees'
Retirement System in accordance with | 11 |
| Section 14-110. The creditable service shall be transferred | 12 |
| only upon payment
by this System to the State Employees' | 13 |
| Retirement System of an amount equal to:
| 14 |
| (1) the amounts accumulated to the credit of the | 15 |
| applicant for the service to be transferred, including | 16 |
| interest, as of the date of transfer; and
| 17 |
| (2) employer contributions equal in amount to the | 18 |
| accumulated
employee contributions as determined in item | 19 |
| (1); and
| 20 |
| (3) any interest paid by the applicant to reinstate | 21 |
| such service.
| 22 |
| Participation in this System as to any credits transferred | 23 |
| under this
Section shall terminate on the date of transfer.
| 24 |
| (c) Any person applying to transfer service under | 25 |
| subsection (b) may reinstate credits and
creditable service | 26 |
| terminated upon receipt of a refund by paying
to the System the |
|
|
|
SB0065 Enrolled |
- 31 - |
LRB095 06385 AMC 26482 b |
|
| 1 |
| amount of the refund plus interest thereon at the
rate of 6% | 2 |
| per year from the date of the refund to the date of payment. | 3 |
| (Source: P.A. 86-273; 86-1028.)
| 4 |
| Section 90. The State Mandates Act is amended by adding | 5 |
| Section 8.31 as follows: | 6 |
| (30 ILCS 805/8.31 new) | 7 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 8 |
| of this Act, no reimbursement by the State is required for the | 9 |
| implementation of any mandate created by this amendatory Act of | 10 |
| the 95th General Assembly.
| 11 |
| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
|
|