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Full Text of SB0208  101st General Assembly

SB0208 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0208

 

Introduced 1/31/2019, by Sen. Antonio Muñoz

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/1-160
40 ILCS 5/14-110  from Ch. 108 1/2, par. 14-110

    Amends the General Provisions and State Employees Articles of the Illinois Pension Code. Provides that the alternative retirement annuity under the State Employees Article applies to a conservation police officer subject to the Tier 2 provisions. Provides that a conservation police officer subject to the Tier 2 provisions may convert up to 8 years of service credit established before the effective date of the amendatory Act as a conservation police officer under the State Employees Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Effective immediately.


LRB101 05036 RPS 50046 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0208LRB101 05036 RPS 50046 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 1-160 and 14-110 as follows:
 
6    (40 ILCS 5/1-160)
7    Sec. 1-160. Provisions applicable to new hires.
8    (a) The provisions of this Section apply to a person who,
9on or after January 1, 2011, first becomes a member or a
10participant under any reciprocal retirement system or pension
11fund established under this Code, other than a retirement
12system or pension fund established under Article 2, 3, 4, 5, 6,
1315 or 18 of this Code, notwithstanding any other provision of
14this Code to the contrary, but do not apply to any self-managed
15plan established under this Code, to any person with respect to
16service as a sheriff's law enforcement employee under Article
177, or to any participant of the retirement plan established
18under Section 22-101. Notwithstanding anything to the contrary
19in this Section, for purposes of this Section, a person who
20participated in a retirement system under Article 15 prior to
21January 1, 2011 shall be deemed a person who first became a
22member or participant prior to January 1, 2011 under any
23retirement system or pension fund subject to this Section. The

 

 

SB0208- 2 -LRB101 05036 RPS 50046 b

1changes made to this Section by Public Act 98-596 are a
2clarification of existing law and are intended to be
3retroactive to January 1, 2011 (the effective date of Public
4Act 96-889), notwithstanding the provisions of Section 1-103.1
5of this Code.
6    This Section does not apply to a person who first becomes a
7noncovered employee under Article 14 on or after the
8implementation date of the plan created under Section 1-161 for
9that Article, unless that person elects under subsection (b) of
10Section 1-161 to instead receive the benefits provided under
11this Section and the applicable provisions of that Article.
12    This Section does not apply to a person who first becomes a
13member or participant under Article 16 on or after the
14implementation date of the plan created under Section 1-161 for
15that Article, unless that person elects under subsection (b) of
16Section 1-161 to instead receive the benefits provided under
17this Section and the applicable provisions of that Article.
18    This Section does not apply to a person who elects under
19subsection (c-5) of Section 1-161 to receive the benefits under
20Section 1-161.
21    This Section does not apply to a person who first becomes a
22member or participant of an affected pension fund on or after 6
23months after the resolution or ordinance date, as defined in
24Section 1-162, unless that person elects under subsection (c)
25of Section 1-162 to receive the benefits provided under this
26Section and the applicable provisions of the Article under

 

 

SB0208- 3 -LRB101 05036 RPS 50046 b

1which he or she is a member or participant.
2    (b) "Final average salary" means the average monthly (or
3annual) salary obtained by dividing the total salary or
4earnings calculated under the Article applicable to the member
5or participant during the 96 consecutive months (or 8
6consecutive years) of service within the last 120 months (or 10
7years) of service in which the total salary or earnings
8calculated under the applicable Article was the highest by the
9number of months (or years) of service in that period. For the
10purposes of a person who first becomes a member or participant
11of any retirement system or pension fund to which this Section
12applies on or after January 1, 2011, in this Code, "final
13average salary" shall be substituted for the following:
14        (1) In Article 7 (except for service as sheriff's law
15    enforcement employees), "final rate of earnings".
16        (2) In Articles 8, 9, 10, 11, and 12, "highest average
17    annual salary for any 4 consecutive years within the last
18    10 years of service immediately preceding the date of
19    withdrawal".
20        (3) In Article 13, "average final salary".
21        (4) In Article 14, "final average compensation".
22        (5) In Article 17, "average salary".
23        (6) In Section 22-207, "wages or salary received by him
24    at the date of retirement or discharge".
25    (b-5) Beginning on January 1, 2011, for all purposes under
26this Code (including without limitation the calculation of

 

 

SB0208- 4 -LRB101 05036 RPS 50046 b

1benefits and employee contributions), the annual earnings,
2salary, or wages (based on the plan year) of a member or
3participant to whom this Section applies shall not exceed
4$106,800; however, that amount shall annually thereafter be
5increased by the lesser of (i) 3% of that amount, including all
6previous adjustments, or (ii) one-half the annual unadjusted
7percentage increase (but not less than zero) in the consumer
8price index-u for the 12 months ending with the September
9preceding each November 1, including all previous adjustments.
10    For the purposes of this Section, "consumer price index-u"
11means the index published by the Bureau of Labor Statistics of
12the United States Department of Labor that measures the average
13change in prices of goods and services purchased by all urban
14consumers, United States city average, all items, 1982-84 =
15100. The new amount resulting from each annual adjustment shall
16be determined by the Public Pension Division of the Department
17of Insurance and made available to the boards of the retirement
18systems and pension funds by November 1 of each year.
19    (c) A member or participant is entitled to a retirement
20annuity upon written application if he or she has attained age
2167 (beginning January 1, 2015, age 65 with respect to service
22under Article 12 of this Code that is subject to this Section)
23and has at least 10 years of service credit and is otherwise
24eligible under the requirements of the applicable Article.
25    A member or participant who has attained age 62 (beginning
26January 1, 2015, age 60 with respect to service under Article

 

 

SB0208- 5 -LRB101 05036 RPS 50046 b

112 of this Code that is subject to this Section) and has at
2least 10 years of service credit and is otherwise eligible
3under the requirements of the applicable Article may elect to
4receive the lower retirement annuity provided in subsection (d)
5of this Section.
6    (c-5) A person who first becomes a member or a participant
7under Article 8 or Article 11 of this Code on or after the
8effective date of this amendatory Act of the 100th General
9Assembly, notwithstanding any other provision of this Code to
10the contrary, is entitled to a retirement annuity upon written
11application if he or she has attained age 65 and has at least
1210 years of service credit under Article 8 or Article 11 of
13this Code and is otherwise eligible under the requirements of
14Article 8 or Article 11 of this Code, whichever is applicable.
15    (d) The retirement annuity of a member or participant who
16is retiring after attaining age 62 (beginning January 1, 2015,
17age 60 with respect to service under Article 12 of this Code
18that is subject to this Section) with at least 10 years of
19service credit shall be reduced by one-half of 1% for each full
20month that the member's age is under age 67 (beginning January
211, 2015, age 65 with respect to service under Article 12 of
22this Code that is subject to this Section).
23    (d-5) The retirement annuity of a person who first becomes
24a member or a participant under Article 8 or Article 11 of this
25Code on or after the effective date of this amendatory Act of
26the 100th General Assembly who is retiring at age 60 with at

 

 

SB0208- 6 -LRB101 05036 RPS 50046 b

1least 10 years of service credit under Article 8 or Article 11
2shall be reduced by one-half of 1% for each full month that the
3member's age is under age 65.
4    (d-10) Each person who first became a member or participant
5under Article 8 or Article 11 of this Code on or after January
61, 2011 and prior to the effective date of this amendatory Act
7of the 100th General Assembly shall make an irrevocable
8election either:
9        (i) to be eligible for the reduced retirement age
10    provided in subsections (c-5) and (d-5) of this Section,
11    the eligibility for which is conditioned upon the member or
12    participant agreeing to the increases in employee
13    contributions for age and service annuities provided in
14    subsection (a-5) of Section 8-174 of this Code (for service
15    under Article 8) or subsection (a-5) of Section 11-170 of
16    this Code (for service under Article 11); or
17        (ii) to not agree to item (i) of this subsection
18    (d-10), in which case the member or participant shall
19    continue to be subject to the retirement age provisions in
20    subsections (c) and (d) of this Section and the employee
21    contributions for age and service annuity as provided in
22    subsection (a) of Section 8-174 of this Code (for service
23    under Article 8) or subsection (a) of Section 11-170 of
24    this Code (for service under Article 11).
25    The election provided for in this subsection shall be made
26between October 1, 2017 and November 15, 2017. A person subject

 

 

SB0208- 7 -LRB101 05036 RPS 50046 b

1to this subsection who makes the required election shall remain
2bound by that election. A person subject to this subsection who
3fails for any reason to make the required election within the
4time specified in this subsection shall be deemed to have made
5the election under item (ii).
6    (e) Any retirement annuity or supplemental annuity shall be
7subject to annual increases on the January 1 occurring either
8on or after the attainment of age 67 (beginning January 1,
92015, age 65 with respect to service under Article 12 of this
10Code that is subject to this Section and beginning on the
11effective date of this amendatory Act of the 100th General
12Assembly, age 65 with respect to persons who: (i) first became
13members or participants under Article 8 or Article 11 of this
14Code on or after the effective date of this amendatory Act of
15the 100th General Assembly; or (ii) first became members or
16participants under Article 8 or Article 11 of this Code on or
17after January 1, 2011 and before the effective date of this
18amendatory Act of the 100th General Assembly and made the
19election under item (i) of subsection (d-10) of this Section)
20or the first anniversary of the annuity start date, whichever
21is later. Each annual increase shall be calculated at 3% or
22one-half the annual unadjusted percentage increase (but not
23less than zero) in the consumer price index-u for the 12 months
24ending with the September preceding each November 1, whichever
25is less, of the originally granted retirement annuity. If the
26annual unadjusted percentage change in the consumer price

 

 

SB0208- 8 -LRB101 05036 RPS 50046 b

1index-u for the 12 months ending with the September preceding
2each November 1 is zero or there is a decrease, then the
3annuity shall not be increased.
4    For the purposes of Section 1-103.1 of this Code, the
5changes made to this Section by this amendatory Act of the
6100th General Assembly are applicable without regard to whether
7the employee was in active service on or after the effective
8date of this amendatory Act of the 100th General Assembly.
9    (f) The initial survivor's or widow's annuity of an
10otherwise eligible survivor or widow of a retired member or
11participant who first became a member or participant on or
12after January 1, 2011 shall be in the amount of 66 2/3% of the
13retired member's or participant's retirement annuity at the
14date of death. In the case of the death of a member or
15participant who has not retired and who first became a member
16or participant on or after January 1, 2011, eligibility for a
17survivor's or widow's annuity shall be determined by the
18applicable Article of this Code. The initial benefit shall be
1966 2/3% of the earned annuity without a reduction due to age. A
20child's annuity of an otherwise eligible child shall be in the
21amount prescribed under each Article if applicable. Any
22survivor's or widow's annuity shall be increased (1) on each
23January 1 occurring on or after the commencement of the annuity
24if the deceased member died while receiving a retirement
25annuity or (2) in other cases, on each January 1 occurring
26after the first anniversary of the commencement of the annuity.

 

 

SB0208- 9 -LRB101 05036 RPS 50046 b

1Each annual increase shall be calculated at 3% or one-half the
2annual unadjusted percentage increase (but not less than zero)
3in the consumer price index-u for the 12 months ending with the
4September preceding each November 1, whichever is less, of the
5originally granted survivor's annuity. If the annual
6unadjusted percentage change in the consumer price index-u for
7the 12 months ending with the September preceding each November
81 is zero or there is a decrease, then the annuity shall not be
9increased.
10    (g) The benefits in Section 14-110 apply only if the person
11is a State policeman, a fire fighter in the fire protection
12service of a department, a conservation police officer, a
13security employee of the Department of Corrections or the
14Department of Juvenile Justice, or a security employee of the
15Department of Innovation and Technology, as those terms are
16defined in subsection (b) and subsection (c) of Section 14-110.
17A person who meets the requirements of this Section is entitled
18to an annuity calculated under the provisions of Section
1914-110, in lieu of the regular or minimum retirement annuity,
20only if the person has withdrawn from service with not less
21than 20 years of eligible creditable service and has attained
22age 60, regardless of whether the attainment of age 60 occurs
23while the person is still in service.
24    (h) If a person who first becomes a member or a participant
25of a retirement system or pension fund subject to this Section
26on or after January 1, 2011 is receiving a retirement annuity

 

 

SB0208- 10 -LRB101 05036 RPS 50046 b

1or retirement pension under that system or fund and becomes a
2member or participant under any other system or fund created by
3this Code and is employed on a full-time basis, except for
4those members or participants exempted from the provisions of
5this Section under subsection (a) of this Section, then the
6person's retirement annuity or retirement pension under that
7system or fund shall be suspended during that employment. Upon
8termination of that employment, the person's retirement
9annuity or retirement pension payments shall resume and be
10recalculated if recalculation is provided for under the
11applicable Article of this Code.
12    If a person who first becomes a member of a retirement
13system or pension fund subject to this Section on or after
14January 1, 2012 and is receiving a retirement annuity or
15retirement pension under that system or fund and accepts on a
16contractual basis a position to provide services to a
17governmental entity from which he or she has retired, then that
18person's annuity or retirement pension earned as an active
19employee of the employer shall be suspended during that
20contractual service. A person receiving an annuity or
21retirement pension under this Code shall notify the pension
22fund or retirement system from which he or she is receiving an
23annuity or retirement pension, as well as his or her
24contractual employer, of his or her retirement status before
25accepting contractual employment. A person who fails to submit
26such notification shall be guilty of a Class A misdemeanor and

 

 

SB0208- 11 -LRB101 05036 RPS 50046 b

1required to pay a fine of $1,000. Upon termination of that
2contractual employment, the person's retirement annuity or
3retirement pension payments shall resume and, if appropriate,
4be recalculated under the applicable provisions of this Code.
5    (i) (Blank).
6    (j) In the case of a conflict between the provisions of
7this Section and any other provision of this Code, the
8provisions of this Section shall control.
9(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
10100-563, eff. 12-8-17; 100-611, eff. 7-20-18.)
 
11    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
12    Sec. 14-110. Alternative retirement annuity.
13    (a) Any member who has withdrawn from service with not less
14than 20 years of eligible creditable service and has attained
15age 55, and any member who has withdrawn from service with not
16less than 25 years of eligible creditable service and has
17attained age 50, regardless of whether the attainment of either
18of the specified ages occurs while the member is still in
19service, shall be entitled to receive at the option of the
20member, in lieu of the regular or minimum retirement annuity, a
21retirement annuity computed as follows:
22        (i) for periods of service as a noncovered employee: if
23    retirement occurs on or after January 1, 2001, 3% of final
24    average compensation for each year of creditable service;
25    if retirement occurs before January 1, 2001, 2 1/4% of

 

 

SB0208- 12 -LRB101 05036 RPS 50046 b

1    final average compensation for each of the first 10 years
2    of creditable service, 2 1/2% for each year above 10 years
3    to and including 20 years of creditable service, and 2 3/4%
4    for each year of creditable service above 20 years; and
5        (ii) for periods of eligible creditable service as a
6    covered employee: if retirement occurs on or after January
7    1, 2001, 2.5% of final average compensation for each year
8    of creditable service; if retirement occurs before January
9    1, 2001, 1.67% of final average compensation for each of
10    the first 10 years of such service, 1.90% for each of the
11    next 10 years of such service, 2.10% for each year of such
12    service in excess of 20 but not exceeding 30, and 2.30% for
13    each year in excess of 30.
14    Such annuity shall be subject to a maximum of 75% of final
15average compensation if retirement occurs before January 1,
162001 or to a maximum of 80% of final average compensation if
17retirement occurs on or after January 1, 2001.
18    These rates shall not be applicable to any service
19performed by a member as a covered employee which is not
20eligible creditable service. Service as a covered employee
21which is not eligible creditable service shall be subject to
22the rates and provisions of Section 14-108.
23    (b) For the purpose of this Section, "eligible creditable
24service" means creditable service resulting from service in one
25or more of the following positions:
26        (1) State policeman;

 

 

SB0208- 13 -LRB101 05036 RPS 50046 b

1        (2) fire fighter in the fire protection service of a
2    department;
3        (3) air pilot;
4        (4) special agent;
5        (5) investigator for the Secretary of State;
6        (6) conservation police officer;
7        (7) investigator for the Department of Revenue or the
8    Illinois Gaming Board;
9        (8) security employee of the Department of Human
10    Services;
11        (9) Central Management Services security police
12    officer;
13        (10) security employee of the Department of
14    Corrections or the Department of Juvenile Justice;
15        (11) dangerous drugs investigator;
16        (12) investigator for the Department of State Police;
17        (13) investigator for the Office of the Attorney
18    General;
19        (14) controlled substance inspector;
20        (15) investigator for the Office of the State's
21    Attorneys Appellate Prosecutor;
22        (16) Commerce Commission police officer;
23        (17) arson investigator;
24        (18) State highway maintenance worker;
25        (19) security employee of the Department of Innovation
26    and Technology; or

 

 

SB0208- 14 -LRB101 05036 RPS 50046 b

1        (20) transferred employee.
2    A person employed in one of the positions specified in this
3subsection is entitled to eligible creditable service for
4service credit earned under this Article while undergoing the
5basic police training course approved by the Illinois Law
6Enforcement Training Standards Board, if completion of that
7training is required of persons serving in that position. For
8the purposes of this Code, service during the required basic
9police training course shall be deemed performance of the
10duties of the specified position, even though the person is not
11a sworn peace officer at the time of the training.
12    A person under paragraph (20) is entitled to eligible
13creditable service for service credit earned under this Article
14on and after his or her transfer by Executive Order No.
152003-10, Executive Order No. 2004-2, or Executive Order No.
162016-1.
17    (c) For the purposes of this Section:
18        (1) The term "State policeman" includes any title or
19    position in the Department of State Police that is held by
20    an individual employed under the State Police Act.
21        (2) The term "fire fighter in the fire protection
22    service of a department" includes all officers in such fire
23    protection service including fire chiefs and assistant
24    fire chiefs.
25        (3) The term "air pilot" includes any employee whose
26    official job description on file in the Department of

 

 

SB0208- 15 -LRB101 05036 RPS 50046 b

1    Central Management Services, or in the department by which
2    he is employed if that department is not covered by the
3    Personnel Code, states that his principal duty is the
4    operation of aircraft, and who possesses a pilot's license;
5    however, the change in this definition made by this
6    amendatory Act of 1983 shall not operate to exclude any
7    noncovered employee who was an "air pilot" for the purposes
8    of this Section on January 1, 1984.
9        (4) The term "special agent" means any person who by
10    reason of employment by the Division of Narcotic Control,
11    the Bureau of Investigation or, after July 1, 1977, the
12    Division of Criminal Investigation, the Division of
13    Internal Investigation, the Division of Operations, or any
14    other Division or organizational entity in the Department
15    of State Police is vested by law with duties to maintain
16    public order, investigate violations of the criminal law of
17    this State, enforce the laws of this State, make arrests
18    and recover property. The term "special agent" includes any
19    title or position in the Department of State Police that is
20    held by an individual employed under the State Police Act.
21        (5) The term "investigator for the Secretary of State"
22    means any person employed by the Office of the Secretary of
23    State and vested with such investigative duties as render
24    him ineligible for coverage under the Social Security Act
25    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
26    218(l)(1) of that Act.

 

 

SB0208- 16 -LRB101 05036 RPS 50046 b

1        A person who became employed as an investigator for the
2    Secretary of State between January 1, 1967 and December 31,
3    1975, and who has served as such until attainment of age
4    60, either continuously or with a single break in service
5    of not more than 3 years duration, which break terminated
6    before January 1, 1976, shall be entitled to have his
7    retirement annuity calculated in accordance with
8    subsection (a), notwithstanding that he has less than 20
9    years of credit for such service.
10        (6) The term "Conservation Police Officer" means any
11    person employed by the Division of Law Enforcement of the
12    Department of Natural Resources and vested with such law
13    enforcement duties as render him ineligible for coverage
14    under the Social Security Act by reason of Sections
15    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
16    term "Conservation Police Officer" includes the positions
17    of Chief Conservation Police Administrator and Assistant
18    Conservation Police Administrator.
19        (7) The term "investigator for the Department of
20    Revenue" means any person employed by the Department of
21    Revenue and vested with such investigative duties as render
22    him ineligible for coverage under the Social Security Act
23    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
24    218(l)(1) of that Act.
25        The term "investigator for the Illinois Gaming Board"
26    means any person employed as such by the Illinois Gaming

 

 

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1    Board and vested with such peace officer duties as render
2    the person ineligible for coverage under the Social
3    Security Act by reason of Sections 218(d)(5)(A),
4    218(d)(8)(D), and 218(l)(1) of that Act.
5        (8) The term "security employee of the Department of
6    Human Services" means any person employed by the 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

 

 

SB0208- 18 -LRB101 05036 RPS 50046 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

 

 

SB0208- 19 -LRB101 05036 RPS 50046 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

 

 

SB0208- 20 -LRB101 05036 RPS 50046 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

 

 

SB0208- 21 -LRB101 05036 RPS 50046 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

 

 

SB0208- 22 -LRB101 05036 RPS 50046 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        (19) The term "security employee of the Department of
13    Innovation and Technology" means a person who was a
14    security employee of the Department of Corrections or the
15    Department of Juvenile Justice, was transferred to the
16    Department of Innovation and Technology pursuant to
17    Executive Order 2016-01, and continues to perform similar
18    job functions under that Department.
19        (20) "Transferred employee" means an employee who was
20    transferred to the Department of Central Management
21    Services by Executive Order No. 2003-10 or Executive Order
22    No. 2004-2 or transferred to the Department of Innovation
23    and Technology by Executive Order No. 2016-1, or both, and
24    was entitled to eligible creditable service for services
25    immediately preceding the transfer.
26    (d) A security employee of the Department of Corrections or

 

 

SB0208- 23 -LRB101 05036 RPS 50046 b

1the Department of Juvenile Justice, a security employee of the
2Department of Human Services who is not a mental health police
3officer, and a security employee of the Department of
4Innovation and Technology shall not be eligible for the
5alternative retirement annuity provided by this Section unless
6he or she meets the following minimum age and service
7requirements at the 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
26Code for service as a security employee of the Department of

 

 

SB0208- 24 -LRB101 05036 RPS 50046 b

1Corrections or the Department of Juvenile Justice, or the
2Department of Human Services in a position requiring
3certification as a teacher may count such service toward
4establishing their eligibility under the service requirements
5of this Section; but such service may be used only for
6establishing such eligibility, and not for the purpose of
7increasing or calculating any benefit.
8    (e) If a member enters military service while working in a
9position in which eligible creditable service may be earned,
10and returns to State service in the same or another such
11position, and fulfills in all other respects the conditions
12prescribed in this Article for credit for military service,
13such military service shall be credited as eligible creditable
14service for the purposes of the retirement annuity prescribed
15in this Section.
16    (f) For purposes of calculating retirement annuities under
17this Section, periods of service rendered after December 31,
181968 and before October 1, 1975 as a covered employee in the
19position of special agent, conservation police officer, mental
20health police officer, or investigator for the Secretary of
21State, shall be deemed to have been service as a noncovered
22employee, provided that the employee pays to the System prior
23to retirement an amount equal to (1) the difference between the
24employee contributions that would have been required for such
25service as a noncovered employee, and the amount of employee
26contributions actually paid, plus (2) if payment is made after

 

 

SB0208- 25 -LRB101 05036 RPS 50046 b

1July 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
4this Section, periods of service rendered after December 31,
51968 and before January 1, 1982 as a covered employee in the
6position of investigator for the Department of Revenue shall be
7deemed to have been service as a noncovered employee, provided
8that the employee pays to the System prior to retirement an
9amount equal to (1) the difference between the employee
10contributions that would have been required for such service as
11a noncovered employee, and the amount of employee contributions
12actually paid, plus (2) if payment is made after January 1,
131990, regular interest on the amount specified in item (1) from
14the date of service to the date of payment.
15    (g) A State policeman may elect, not later than January 1,
161990, to establish eligible creditable service for up to 10
17years of his service as a policeman under Article 3, by filing
18a written election with the Board, accompanied by payment of an
19amount to be determined by the Board, equal to (i) the
20difference between the amount of employee and employer
21contributions transferred to the System under Section 3-110.5,
22and the amounts that would have been contributed had such
23contributions been made at the rates applicable to State
24policemen, plus (ii) interest thereon at the effective rate for
25each year, compounded annually, from the date of service to the
26date of payment.

 

 

SB0208- 26 -LRB101 05036 RPS 50046 b

1    Subject to the limitation in subsection (i), a State
2policeman may elect, not later than July 1, 1993, to establish
3eligible creditable service for up to 10 years of his service
4as a member of the County Police Department under Article 9, by
5filing a written election with the Board, accompanied by
6payment of an amount to be determined by the Board, equal to
7(i) the difference between the amount of employee and employer
8contributions transferred to the System under Section 9-121.10
9and the amounts that would have been contributed had those
10contributions been made at the rates applicable to State
11policemen, plus (ii) interest thereon at the effective rate for
12each year, compounded annually, from the date of service to the
13date of payment.
14    (h) Subject to the limitation in subsection (i), a State
15policeman or investigator for the Secretary of State may elect
16to establish eligible creditable service for up to 12 years of
17his service as a policeman under Article 5, by filing a written
18election with the Board on or before January 31, 1992, and
19paying to the System by January 31, 1994 an amount to be
20determined by the Board, equal to (i) the difference between
21the amount of employee and employer contributions transferred
22to the System under Section 5-236, and the amounts that would
23have been contributed had such contributions been made at the
24rates applicable to State policemen, plus (ii) interest thereon
25at the effective rate for each year, compounded annually, from
26the date of service to the date of payment.

 

 

SB0208- 27 -LRB101 05036 RPS 50046 b

1    Subject to the limitation in subsection (i), a State
2policeman, conservation police officer, or investigator for
3the Secretary of State may elect to establish eligible
4creditable service for up to 10 years of service as a sheriff's
5law enforcement employee under Article 7, by filing a written
6election with the Board on or before January 31, 1993, and
7paying to the System by January 31, 1994 an amount to be
8determined by the Board, equal to (i) the difference between
9the amount of employee and employer contributions transferred
10to the System under Section 7-139.7, and the amounts that would
11have been contributed had such contributions been made at the
12rates applicable to State policemen, plus (ii) interest thereon
13at the effective rate for each year, compounded annually, from
14the date of service to the date of payment.
15    Subject to the limitation in subsection (i), a State
16policeman, conservation police officer, or investigator for
17the Secretary of State may elect to establish eligible
18creditable service for up to 5 years of service as a police
19officer under Article 3, a policeman under Article 5, a
20sheriff's law enforcement employee under Article 7, a member of
21the county police department under Article 9, or a police
22officer under Article 15 by filing a written election with the
23Board and paying to the System an amount to be determined by
24the Board, equal to (i) the difference between the amount of
25employee and employer contributions transferred to the System
26under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4

 

 

SB0208- 28 -LRB101 05036 RPS 50046 b

1and the amounts that would have been contributed had such
2contributions been made at the rates applicable to State
3policemen, plus (ii) interest thereon at the effective rate for
4each year, compounded annually, from the date of service to the
5date of payment.
6    Subject to the limitation in subsection (i), an
7investigator for the Office of the Attorney General, or an
8investigator for the Department of Revenue, may elect to
9establish eligible creditable service for up to 5 years of
10service as a police officer under Article 3, a policeman under
11Article 5, a sheriff's law enforcement employee under Article
127, or a member of the county police department under Article 9
13by filing a written election with the Board within 6 months
14after August 25, 2009 (the effective date of Public Act 96-745)
15and paying to the System an amount to be determined by the
16Board, equal to (i) the difference between the amount of
17employee and employer contributions transferred to the System
18under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
19amounts that would have been contributed had such contributions
20been made at the rates applicable to State policemen, plus (ii)
21interest thereon at the actuarially assumed rate for each year,
22compounded annually, from the date of service to the date of
23payment.
24    Subject to the limitation in subsection (i), a State
25policeman, conservation police officer, investigator for the
26Office of the Attorney General, an investigator for the

 

 

SB0208- 29 -LRB101 05036 RPS 50046 b

1Department of Revenue, or investigator for the Secretary of
2State may elect to establish eligible creditable service for up
3to 5 years of service as a person employed by a participating
4municipality to perform police duties, or law enforcement
5officer employed on a full-time basis by a forest preserve
6district under Article 7, a county corrections officer, or a
7court services officer under Article 9, by filing a written
8election with the Board within 6 months after August 25, 2009
9(the effective date of Public Act 96-745) and paying to the
10System an amount to be determined by the Board, equal to (i)
11the difference between the amount of employee and employer
12contributions transferred to the System under Sections 7-139.8
13and 9-121.10 and the amounts that would have been contributed
14had such contributions been made at the rates applicable to
15State policemen, plus (ii) interest thereon at the actuarially
16assumed rate for each year, compounded annually, from the date
17of service to the date of payment.
18    (i) The total amount of eligible creditable service
19established by any person under subsections (g), (h), (j), (k),
20and (l) of this Section shall not exceed 12 years.
21    (j) Subject to the limitation in subsection (i), an
22investigator for the Office of the State's Attorneys Appellate
23Prosecutor or a controlled substance inspector may elect to
24establish eligible creditable service for up to 10 years of his
25service as a policeman under Article 3 or a sheriff's law
26enforcement employee under Article 7, by filing a written

 

 

SB0208- 30 -LRB101 05036 RPS 50046 b

1election with the Board, accompanied by payment of an amount to
2be determined by the Board, equal to (1) the difference between
3the amount of employee and employer contributions transferred
4to the System under Section 3-110.6 or 7-139.8, and the amounts
5that would have been contributed had such contributions been
6made at the rates applicable to State policemen, plus (2)
7interest thereon at the effective rate for each year,
8compounded annually, from the date of service to the date of
9payment.
10    (k) Subject to the limitation in subsection (i) of this
11Section, an alternative formula employee may elect to establish
12eligible creditable service for periods spent as a full-time
13law enforcement officer or full-time corrections officer
14employed by the federal government or by a state or local
15government located outside of Illinois, for which credit is not
16held in any other public employee pension fund or retirement
17system. To obtain this credit, the applicant must file a
18written application with the Board by March 31, 1998,
19accompanied by evidence of eligibility acceptable to the Board
20and payment of an amount to be determined by the Board, equal
21to (1) employee contributions for the credit being established,
22based upon the applicant's salary on the first day as an
23alternative formula employee after the employment for which
24credit is being established and the rates then applicable to
25alternative formula employees, plus (2) an amount determined by
26the Board to be the employer's normal cost of the benefits

 

 

SB0208- 31 -LRB101 05036 RPS 50046 b

1accrued for the credit being established, plus (3) regular
2interest on the amounts in items (1) and (2) from the first day
3as an alternative formula employee after the employment for
4which credit is being established to the date of payment.
5    (l) Subject to the limitation in subsection (i), a security
6employee of the Department of Corrections may elect, not later
7than July 1, 1998, to establish eligible creditable service for
8up to 10 years of his or her service as a policeman under
9Article 3, by filing a written election with the Board,
10accompanied by payment of an amount to be determined by the
11Board, equal to (i) the difference between the amount of
12employee and employer contributions transferred to the System
13under Section 3-110.5, and the amounts that would have been
14contributed had such contributions been made at the rates
15applicable to security employees of the Department of
16Corrections, plus (ii) interest thereon at the effective rate
17for each year, compounded annually, from the date of service to
18the date of payment.
19    (m) The amendatory changes to this Section made by this
20amendatory Act of the 94th General Assembly apply only to: (1)
21security employees of the Department of Juvenile Justice
22employed by the Department of Corrections before the effective
23date of this amendatory Act of the 94th General Assembly and
24transferred to the Department of Juvenile Justice by this
25amendatory Act of the 94th General Assembly; and (2) persons
26employed by the Department of Juvenile Justice on or after the

 

 

SB0208- 32 -LRB101 05036 RPS 50046 b

1effective date of this amendatory Act of the 94th General
2Assembly who are required by subsection (b) of Section 3-2.5-15
3of the Unified Code of Corrections to have any bachelor's or
4advanced degree from an accredited college or university or, in
5the case of persons who provide vocational training, who are
6required to have adequate knowledge in the skill for which they
7are providing the vocational training.
8    (n) A person employed in a position under subsection (b) of
9this Section who has purchased service credit under subsection
10(j) of Section 14-104 or subsection (b) of Section 14-105 in
11any other capacity under this Article may convert up to 5 years
12of that service credit into service credit covered under this
13Section by paying to the Fund an amount equal to (1) the
14additional employee contribution required under Section
1514-133, plus (2) the additional employer contribution required
16under Section 14-131, plus (3) interest on items (1) and (2) at
17the actuarially assumed rate from the date of the service to
18the date of payment.
19    (o) Subject to the limitation in subsection (i), a
20conservation police officer subject to subsection (g) of
21Section 1-160 may elect to convert up to 8 years of service
22credit established before the effective date of this amendatory
23Act of the 101st General Assembly as a conservation police
24officer under this Article into eligible creditable service by
25filing a written election with the Board, accompanied by
26payment of an amount to be determined by the Board equal to (i)

 

 

SB0208- 33 -LRB101 05036 RPS 50046 b

1the difference between the amount of the employee contributions
2actually paid for that service and the amount of the employee
3contributions that would have been paid had the employee
4contributions been made as a conservation police officer under
5this Section who is not subject to Section 1-160, plus (ii)
6interest thereon at the effective rate for each year,
7compounded annually, from the date of service to the date of
8payment.
9(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.