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90_HB0312
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the State Employee Article of the Pension Code to
provide the alternative (State Police) formula for all
security officers employed by the Department of Human
Services as successor to the Department of Mental Health and
Developmental Disabilities. Effective immediately.
LRB9000556EGfg
LRB9000556EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 14-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 14-110 as follows:
7 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 14-110. Alternative retirement annuity.
10 (a) Any member who has withdrawn from service with not
11 less than 20 years of eligible creditable service and has
12 attained age 55, and any member who has withdrawn from
13 service with not less than 25 years of eligible creditable
14 service and has attained age 50, regardless of whether the
15 attainment of either of the specified ages occurs while the
16 member is still in service, shall be entitled to receive at
17 the option of the member, in lieu of the regular or minimum
18 retirement annuity, a retirement annuity computed as
19 follows:
20 (i) for periods of service as a noncovered
21 employee, 2 1/4% of final average compensation for each
22 of the first 10 years of creditable service, 2 1/2% for
23 each year above 10 years to and including 20 years of
24 creditable service, and 2 3/4% for each year of
25 creditable service above 20 years; and
26 (ii) for periods of eligible creditable service as
27 a covered employee, 1.67% of final average compensation
28 for each of the first 10 years of such service, 1.90% for
29 each of the next 10 years of such service, 2.10% for each
30 year of such service in excess of 20 but not exceeding
31 30, and 2.30% for each year in excess of 30.
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1 Such annuity shall be subject to a maximum of 75% of
2 final average compensation. These rates shall not be
3 applicable to any service performed by a member as a covered
4 employee which is not eligible creditable service. Service
5 as a covered employee which is not eligible creditable
6 service shall be subject to the rates and provisions of
7 Section 14-108.
8 (b) For the purpose of this Section, "eligible
9 creditable service" means creditable service resulting from
10 service in one or more of the following positions:
11 (1) State policeman;
12 (2) fire fighter in the fire protection service of
13 a department;
14 (3) air pilot;
15 (4) special agent;
16 (5) investigator for the Secretary of State;
17 (6) conservation police officer;
18 (7) investigator for the Department of Revenue;
19 (8) security employee of the Department of Mental
20 Health and Developmental Disabilities;
21 (9) Central Management Services security police
22 officer;
23 (10) security employee of the Department of
24 Corrections;
25 (11) dangerous drugs investigator;
26 (12) investigator for the Department of State
27 Police;
28 (13) investigator for the Office of the Attorney
29 General;
30 (14) controlled substance inspector;
31 (15) investigator for the Office of the State's
32 Attorneys Appellate Prosecutor;
33 (16) Commerce Commission police officer;
34 (17) Department of Human Services security officer.
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1 A person employed in one of the positions specified in
2 this subsection is entitled to eligible creditable service
3 for service credit earned under this Article while undergoing
4 the basic police training course approved by the Illinois
5 Local Governmental Law Enforcement Officers Training Board,
6 if completion of that training is required of persons serving
7 in that position. For the purposes of this Code, service
8 during the required basic police training course shall be
9 deemed performance of the duties of the specified position,
10 even though the person is not a sworn peace officer at the
11 time of the training.
12 (c) For the purposes of this Section:
13 (1) The term "state policeman" includes any title
14 or position in the Department of State Police that is
15 held by an individual employed under the State Police
16 Act.
17 (2) The term "fire fighter in the fire protection
18 service of a department" includes all officers in such
19 fire protection service including fire chiefs and
20 assistant fire chiefs.
21 (3) The term "air pilot" includes any employee
22 whose official job description on file in the Department
23 of Central Management Services, or in the department by
24 which he is employed if that department is not covered by
25 the Personnel Code, states that his principal duty is the
26 operation of aircraft, and who possesses a pilot's
27 license; however, the change in this definition made by
28 this amendatory Act of 1983 shall not operate to exclude
29 any noncovered employee who was an "air pilot" for the
30 purposes of this Section on January 1, 1984.
31 (4) The term "special agent" means any person who
32 by reason of employment by the Division of Narcotic
33 Control, the Bureau of Investigation or, after July 1,
34 1977, the Division of Criminal Investigation, the
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1 Division of Internal Investigation or any other Division
2 or organizational entity in the Department of State
3 Police is vested by law with duties to maintain public
4 order, investigate violations of the criminal law of this
5 State, enforce the laws of this State, make arrests and
6 recover property. The term "special agent" includes any
7 title or position in the Department of State Police that
8 is held by an individual employed under the State Police
9 Act.
10 (5) The term "investigator for the Secretary of
11 State" means any person employed by the Office of the
12 Secretary of State and vested with such investigative
13 duties as render him ineligible for coverage under the
14 Social Security Act by reason of Sections 218(d)(5)(A),
15 218(d)(8)(D) and 218(l)(1) of that Act.
16 A person who became employed as an investigator for
17 the Secretary of State between January 1, 1967 and
18 December 31, 1975, and who has served as such until
19 attainment of age 60, either continuously or with a
20 single break in service of not more than 3 years
21 duration, which break terminated before January 1, 1976,
22 shall be entitled to have his retirement annuity
23 calculated in accordance with subsection (a),
24 notwithstanding that he has less than 20 years of credit
25 for such service.
26 (6) The term "Conservation Police Officer" means
27 any person employed by the Division of Law Enforcement of
28 the Department of Natural Resources and vested with such
29 law enforcement duties as render him ineligible for
30 coverage under the Social Security Act by reason of
31 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
32 that Act. The term "Conservation Police Officer"
33 includes the positions of Chief Conservation Police
34 Administrator and Assistant Conservation Police
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1 Administrator.
2 (7) The term "investigator for the Department of
3 Revenue" means any person employed by the Department of
4 Revenue and vested with such investigative duties as
5 render him ineligible for coverage under the Social
6 Security Act by reason of Sections 218(d)(5)(A),
7 218(d)(8)(D) and 218(l)(1) of that Act.
8 (8) The term "security employee of the Department
9 of Mental Health and Developmental Disabilities" means
10 any person employed by the Department of Mental Health
11 and Developmental Disabilities who is employed at the
12 Chester Mental Health Center and has daily contact with
13 the residents thereof, or who is a mental health police
14 officer. "Mental health police officer" means any person
15 employed by the Department of Mental Health and
16 Developmental Disabilities who is vested with such law
17 enforcement duties as render him ineligible for coverage
18 under the Social Security Act by reason of Sections
19 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
20 (9) "Central Management Services security police
21 officer" means any person employed by the Department of
22 Central Management Services who is vested with such law
23 enforcement duties as render him ineligible for coverage
24 under the Social Security Act by reason of Sections
25 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
26 (10) The term "security employee of the Department
27 of Corrections" means any employee of the Department of
28 Corrections or the former Department of Personnel, and
29 any member or employee of the Prisoner Review Board, who
30 has daily contact with inmates by working within a
31 correctional facility or who is a parole officer or an
32 employee who has direct contact with committed persons in
33 the performance of his or her job duties.
34 (11) The term "dangerous drugs investigator" means
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1 any person who is employed as such by the Department of
2 Alcoholism and Substance Abuse.
3 (12) The term "investigator for the Department of
4 State Police" means a person employed by the Department
5 of State Police who is vested under Section 4 of the
6 Narcotic Control Division Abolition Act with such law
7 enforcement powers as render him ineligible for coverage
8 under the Social Security Act by reason of Sections
9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
10 (13) "Investigator for the Office of the Attorney
11 General" means any person who is employed as such by the
12 Office of the Attorney General and is vested with such
13 investigative duties as render him ineligible for
14 coverage under the Social Security Act by reason of
15 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
16 Act. For the period before January 1, 1989, the term
17 includes all persons who were employed as investigators
18 by the Office of the Attorney General, without regard to
19 social security status.
20 (14) "Controlled substance inspector" means any
21 person who is employed as such by the Department of
22 Professional Regulation and is vested with such law
23 enforcement duties as render him ineligible for coverage
24 under the Social Security Act by reason of Sections
25 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
26 The term "controlled substance inspector" includes the
27 Program Executive of Enforcement and the Assistant
28 Program Executive of Enforcement.
29 (15) The term "investigator for the Office of the
30 State's Attorneys Appellate Prosecutor" means a person
31 employed in that capacity on a full time basis under the
32 authority of Section 7.06 of the State's Attorneys
33 Appellate Prosecutor's Act.
34 (16) "Commerce Commission police officer" means any
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1 person employed by the Illinois Commerce Commission who
2 is vested with such law enforcement duties as render him
3 ineligible for coverage under the Social Security Act by
4 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
5 218(l)(1) of that Act.
6 (17) "Department of Human Services security
7 officer" means any person employed as a security officer
8 by the Department of Mental Health and Developmental
9 Disabilities, other than a person who is a security
10 employee of the Department of Mental Health and
11 Developmental Disabilities as defined in subdivision
12 (c)(8) of this Section.
13 (d) A security employee of the Department of
14 Corrections, and a security employee of the Department of
15 Mental Health and Developmental Disabilities who is not a
16 mental health police officer, shall not be eligible for the
17 alternative retirement annuity provided by this Section
18 unless he or she meets the following minimum age and service
19 requirements at the time of retirement:
20 (i) 25 years of eligible creditable service and age
21 55; or
22 (ii) beginning January 1, 1987, 25 years of
23 eligible creditable service and age 54, or 24 years of
24 eligible creditable service and age 55; or
25 (iii) beginning January 1, 1988, 25 years of
26 eligible creditable service and age 53, or 23 years of
27 eligible creditable service and age 55; or
28 (iv) beginning January 1, 1989, 25 years of
29 eligible creditable service and age 52, or 22 years of
30 eligible creditable service and age 55; or
31 (v) beginning January 1, 1990, 25 years of eligible
32 creditable service and age 51, or 21 years of eligible
33 creditable service and age 55; or
34 (vi) beginning January 1, 1991, 25 years of
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1 eligible creditable service and age 50, or 20 years of
2 eligible creditable service and age 55.
3 Persons who have service credit under Article 16 of this
4 Code for service as a security employee of the Department of
5 Corrections in a position requiring certification as a
6 teacher may count such service toward establishing their
7 eligibility under the service requirements of this Section;
8 but such service may be used only for establishing such
9 eligibility, and not for the purpose of increasing or
10 calculating any benefit.
11 (e) If a member enters military service while working in
12 a position in which eligible creditable service may be
13 earned, and returns to State service in the same or another
14 such position, and fulfills in all other respects the
15 conditions prescribed in this Article for credit for military
16 service, such military service shall be credited as eligible
17 creditable service for the purposes of the retirement annuity
18 prescribed in this Section.
19 (f) For purposes of calculating retirement annuities
20 under this Section, periods of service rendered after
21 December 31, 1968 and before October 1, 1975 as a covered
22 employee in the position of special agent, conservation
23 police officer, mental health police officer, or investigator
24 for the Secretary of State, shall be deemed to have been
25 service as a noncovered employee, provided that the employee
26 pays to the System prior to retirement an amount equal to (1)
27 the difference between the employee contributions that would
28 have been required for such service as a noncovered employee,
29 and the amount of employee contributions actually paid, plus
30 (2) if payment is made after July 31, 1987, regular interest
31 on the amount specified in item (1) from the date of service
32 to the date of payment.
33 For purposes of calculating retirement annuities under
34 this Section, periods of service rendered after December 31,
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1 1968 and before January 1, 1982 as a covered employee in the
2 position of investigator for the Department of Revenue shall
3 be deemed to have been service as a noncovered employee,
4 provided that the employee pays to the System prior to
5 retirement an amount equal to (1) the difference between the
6 employee contributions that would have been required for such
7 service as a noncovered employee, and the amount of employee
8 contributions actually paid, plus (2) if payment is made
9 after January 1, 1990, regular interest on the amount
10 specified in item (1) from the date of service to the date of
11 payment.
12 (g) A State policeman may elect, not later than January
13 1, 1990, to establish eligible creditable service for up to
14 10 years of his service as a policeman under Article 3, by
15 filing a written election with the Board, accompanied by
16 payment of an amount to be determined by the Board, equal to
17 (i) the difference between the amount of employee and
18 employer contributions transferred to the System under
19 Section 3-110.5, and the amounts that would have been
20 contributed had such contributions been made at the rates
21 applicable to State policemen, plus (ii) interest thereon at
22 the effective rate for each year, compounded annually, from
23 the date of service to the date of payment.
24 Subject to the limitation in subsection (i), a State
25 policeman may elect, not later than July 1, 1993, to
26 establish eligible creditable service for up to 10 years of
27 his service as a member of the County Police Department under
28 Article 9, by filing a written election with the Board,
29 accompanied by payment of an amount to be determined by the
30 Board, equal to (i) the difference between the amount of
31 employee and employer contributions transferred to the System
32 under Section 9-121.10 and the amounts that would have been
33 contributed had those contributions been made at the rates
34 applicable to State policemen, plus (ii) interest thereon at
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1 the effective rate for each year, compounded annually, from
2 the date of service to the date of payment.
3 (h) Subject to the limitation in subsection (i), a State
4 policeman or investigator for the Secretary of State may
5 elect to establish eligible creditable service for up to 12
6 years of his service as a policeman under Article 5, by
7 filing a written election with the Board on or before January
8 31, 1992, and paying to the System by January 31, 1994 an
9 amount to be determined by the Board, equal to (i) the
10 difference between the amount of employee and employer
11 contributions transferred to the System under Section 5-236,
12 and the amounts that would have been contributed had such
13 contributions been made at the rates applicable to State
14 policemen, plus (ii) interest thereon at the effective rate
15 for each year, compounded annually, from the date of service
16 to the date of payment.
17 Subject to the limitation in subsection (i), a State
18 policeman, conservation police officer, or investigator for
19 the Secretary of State may elect to establish eligible
20 creditable service for up to 10 years of service as a
21 sheriff's law enforcement employee under Article 7, by filing
22 a written election with the Board on or before January 31,
23 1993, and paying to the System by January 31, 1994 an amount
24 to be determined by the Board, equal to (i) the difference
25 between the amount of employee and employer contributions
26 transferred to the System under Section 7-139.7, and the
27 amounts that would have been contributed had such
28 contributions been made at the rates applicable to State
29 policemen, plus (ii) interest thereon at the effective rate
30 for each year, compounded annually, from the date of service
31 to the date of payment.
32 (i) The total amount of eligible creditable service
33 established by any person under subsections (g), (h) and (j)
34 of this Section shall not exceed 12 years.
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1 (j) Subject to the limitation in subsection (i), an
2 investigator for the Office of the State's Attorneys
3 Appellate Prosecutor may elect to establish eligible
4 creditable service for up to 10 years of his service as a
5 policeman under Article 3 or a sheriff's law enforcement
6 employee under Article 7, by filing a written election with
7 the Board, accompanied by payment of an amount to be
8 determined by the Board, equal to (1) the difference between
9 the amount of employee and employer contributions transferred
10 to the System under Section 3-110.6 or 7-139.8, and the
11 amounts that would have been contributed had such
12 contributions been made at the rates applicable to State
13 policemen, plus (2) interest thereon at the effective rate
14 for each year, compounded annually, from the date of service
15 to the date of payment.
16 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
17 (Text of Section after amendment by P.A. 89-507)
18 Sec. 14-110. Alternative retirement annuity.
19 (a) Any member who has withdrawn from service with not
20 less than 20 years of eligible creditable service and has
21 attained age 55, and any member who has withdrawn from
22 service with not less than 25 years of eligible creditable
23 service and has attained age 50, regardless of whether the
24 attainment of either of the specified ages occurs while the
25 member is still in service, shall be entitled to receive at
26 the option of the member, in lieu of the regular or minimum
27 retirement annuity, a retirement annuity computed as
28 follows:
29 (i) for periods of service as a noncovered
30 employee, 2 1/4% of final average compensation for each
31 of the first 10 years of creditable service, 2 1/2% for
32 each year above 10 years to and including 20 years of
33 creditable service, and 2 3/4% for each year of
34 creditable service above 20 years; and
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1 (ii) for periods of eligible creditable service as
2 a covered employee, 1.67% of final average compensation
3 for each of the first 10 years of such service, 1.90% for
4 each of the next 10 years of such service, 2.10% for each
5 year of such service in excess of 20 but not exceeding
6 30, and 2.30% for each year in excess of 30.
7 Such annuity shall be subject to a maximum of 75% of
8 final average compensation. These rates shall not be
9 applicable to any service performed by a member as a covered
10 employee which is not eligible creditable service. Service
11 as a covered employee which is not eligible creditable
12 service shall be subject to the rates and provisions of
13 Section 14-108.
14 (b) For the purpose of this Section, "eligible
15 creditable service" means creditable service resulting from
16 service in one or more of the following positions:
17 (1) State policeman;
18 (2) fire fighter in the fire protection service of
19 a department;
20 (3) air pilot;
21 (4) special agent;
22 (5) investigator for the Secretary of State;
23 (6) conservation police officer;
24 (7) investigator for the Department of Revenue;
25 (8) security employee of the Department of Human
26 Services;
27 (9) Central Management Services security police
28 officer;
29 (10) security employee of the Department of
30 Corrections;
31 (11) dangerous drugs investigator;
32 (12) investigator for the Department of State
33 Police;
34 (13) investigator for the Office of the Attorney
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1 General;
2 (14) controlled substance inspector;
3 (15) investigator for the Office of the State's
4 Attorneys Appellate Prosecutor;
5 (16) Commerce Commission police officer;
6 (17) Department of Human Services security officer.
7 A person employed in one of the positions specified in
8 this subsection is entitled to eligible creditable service
9 for service credit earned under this Article while undergoing
10 the basic police training course approved by the Illinois
11 Local Governmental Law Enforcement Officers Training Board,
12 if completion of that training is required of persons serving
13 in that position. For the purposes of this Code, service
14 during the required basic police training course shall be
15 deemed performance of the duties of the specified position,
16 even though the person is not a sworn peace officer at the
17 time of the training.
18 (c) For the purposes of this Section:
19 (1) The term "state policeman" includes any title
20 or position in the Department of State Police that is
21 held by an individual employed under the State Police
22 Act.
23 (2) The term "fire fighter in the fire protection
24 service of a department" includes all officers in such
25 fire protection service including fire chiefs and
26 assistant fire chiefs.
27 (3) The term "air pilot" includes any employee
28 whose official job description on file in the Department
29 of Central Management Services, or in the department by
30 which he is employed if that department is not covered by
31 the Personnel Code, states that his principal duty is the
32 operation of aircraft, and who possesses a pilot's
33 license; however, the change in this definition made by
34 this amendatory Act of 1983 shall not operate to exclude
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1 any noncovered employee who was an "air pilot" for the
2 purposes of this Section on January 1, 1984.
3 (4) The term "special agent" means any person who
4 by reason of employment by the Division of Narcotic
5 Control, the Bureau of Investigation or, after July 1,
6 1977, the Division of Criminal Investigation, the
7 Division of Internal Investigation or any other Division
8 or organizational entity in the Department of State
9 Police is vested by law with duties to maintain public
10 order, investigate violations of the criminal law of this
11 State, enforce the laws of this State, make arrests and
12 recover property. The term "special agent" includes any
13 title or position in the Department of State Police that
14 is held by an individual employed under the State Police
15 Act.
16 (5) The term "investigator for the Secretary of
17 State" means any person employed by the Office of the
18 Secretary of State and vested with such investigative
19 duties as render him ineligible for coverage under the
20 Social Security Act by reason of Sections 218(d)(5)(A),
21 218(d)(8)(D) and 218(l)(1) of that Act.
22 A person who became employed as an investigator for
23 the Secretary of State between January 1, 1967 and
24 December 31, 1975, and who has served as such until
25 attainment of age 60, either continuously or with a
26 single break in service of not more than 3 years
27 duration, which break terminated before January 1, 1976,
28 shall be entitled to have his retirement annuity
29 calculated in accordance with subsection (a),
30 notwithstanding that he has less than 20 years of credit
31 for such service.
32 (6) The term "Conservation Police Officer" means
33 any person employed by the Division of Law Enforcement of
34 the Department of Natural Resources and vested with such
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1 law enforcement duties as render him ineligible for
2 coverage under the Social Security Act by reason of
3 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
4 that Act. The term "Conservation Police Officer"
5 includes the positions of Chief Conservation Police
6 Administrator and Assistant Conservation Police
7 Administrator.
8 (7) The term "investigator for the Department of
9 Revenue" means any person employed by the Department of
10 Revenue and vested with such investigative duties as
11 render him ineligible for coverage under the Social
12 Security Act by reason of Sections 218(d)(5)(A),
13 218(d)(8)(D) and 218(l)(1) of that Act.
14 (8) The term "security employee of the Department
15 of Human Services" means any person employed by the
16 Department of Human Services who is employed at the
17 Chester Mental Health Center and has daily contact with
18 the residents thereof, or who is a mental health police
19 officer. "Mental health police officer" means any person
20 employed by the Department of Human Services in a
21 position pertaining to the Department's mental health and
22 developmental disabilities functions who is vested with
23 such law enforcement duties as render the person
24 ineligible for coverage under the Social Security Act by
25 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
26 218(l)(1) of that Act.
27 (9) "Central Management Services security police
28 officer" means any person employed by the Department of
29 Central Management Services who is vested with such law
30 enforcement duties as render him ineligible for coverage
31 under the Social Security Act by reason of Sections
32 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
33 (10) The term "security employee of the Department
34 of Corrections" means any employee of the Department of
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1 Corrections or the former Department of Personnel, and
2 any member or employee of the Prisoner Review Board, who
3 has daily contact with inmates by working within a
4 correctional facility or who is a parole officer or an
5 employee who has direct contact with committed persons in
6 the performance of his or her job duties.
7 (11) The term "dangerous drugs investigator" means
8 any person who is employed as such by the Department of
9 Human Services.
10 (12) The term "investigator for the Department of
11 State Police" means a person employed by the Department
12 of State Police who is vested under Section 4 of the
13 Narcotic Control Division Abolition Act with such law
14 enforcement powers as render him ineligible for coverage
15 under the Social Security Act by reason of Sections
16 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
17 (13) "Investigator for the Office of the Attorney
18 General" means any person who is employed as such by the
19 Office of the Attorney General and is vested with such
20 investigative duties as render him ineligible for
21 coverage under the Social Security Act by reason of
22 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
23 Act. For the period before January 1, 1989, the term
24 includes all persons who were employed as investigators
25 by the Office of the Attorney General, without regard to
26 social security status.
27 (14) "Controlled substance inspector" means any
28 person who is employed as such by the Department of
29 Professional Regulation and is vested with such law
30 enforcement duties as render him ineligible for coverage
31 under the Social Security Act by reason of Sections
32 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
33 The term "controlled substance inspector" includes the
34 Program Executive of Enforcement and the Assistant
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1 Program Executive of Enforcement.
2 (15) The term "investigator for the Office of the
3 State's Attorneys Appellate Prosecutor" means a person
4 employed in that capacity on a full time basis under the
5 authority of Section 7.06 of the State's Attorneys
6 Appellate Prosecutor's Act.
7 (16) "Commerce Commission police officer" means any
8 person employed by the Illinois Commerce Commission who
9 is vested with such law enforcement duties as render him
10 ineligible for coverage under the Social Security Act by
11 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
12 218(l)(1) of that Act.
13 (17) "Department of Human Services security
14 officer" means any person employed as a security officer
15 by the Department of Human Services as successor to the
16 Department of Mental Health and Developmental
17 Disabilities, other than a person who is a security
18 employee of the Department of Human Services as defined
19 in subdivision (c)(8) of this Section.
20 (d) A security employee of the Department of
21 Corrections, and a security employee of the Department of
22 Human Services who is not a mental health police officer,
23 shall not be eligible for the alternative retirement annuity
24 provided by this Section unless he or she meets the following
25 minimum age and service requirements at the time of
26 retirement:
27 (i) 25 years of eligible creditable service and age
28 55; or
29 (ii) beginning January 1, 1987, 25 years of
30 eligible creditable service and age 54, or 24 years of
31 eligible creditable service and age 55; or
32 (iii) beginning January 1, 1988, 25 years of
33 eligible creditable service and age 53, or 23 years of
34 eligible creditable service and age 55; or
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1 (iv) beginning January 1, 1989, 25 years of
2 eligible creditable service and age 52, or 22 years of
3 eligible 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
8 eligible creditable service and age 50, or 20 years of
9 eligible 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 in a position requiring certification as a
13 teacher may count such service toward establishing their
14 eligibility under the service requirements of this Section;
15 but such service may be used only for establishing such
16 eligibility, and not for the purpose of increasing or
17 calculating any benefit.
18 (e) If a member enters military service while working in
19 a position in which eligible creditable service may be
20 earned, and returns to State service in the same or another
21 such position, and fulfills in all other respects the
22 conditions prescribed in this Article for credit for military
23 service, such military service shall be credited as eligible
24 creditable service for the purposes of the retirement annuity
25 prescribed in this Section.
26 (f) For purposes of calculating retirement annuities
27 under this Section, periods of service rendered after
28 December 31, 1968 and before October 1, 1975 as a covered
29 employee in the position of special agent, conservation
30 police officer, mental health police officer, or investigator
31 for the Secretary of State, shall be deemed to have been
32 service as a noncovered employee, provided that the employee
33 pays to the System prior to retirement an amount equal to (1)
34 the difference between the employee contributions that would
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1 have been required for such service as a noncovered employee,
2 and the amount of employee contributions actually paid, plus
3 (2) if payment is made after July 31, 1987, regular interest
4 on the amount specified in item (1) from the date of service
5 to the date of payment.
6 For purposes of calculating retirement annuities under
7 this Section, periods of service rendered after December 31,
8 1968 and before January 1, 1982 as a covered employee in the
9 position of investigator for the Department of Revenue shall
10 be deemed to have been service as a noncovered employee,
11 provided that the employee pays to the System prior to
12 retirement an amount equal to (1) the difference between the
13 employee contributions that would have been required for such
14 service as a noncovered employee, and the amount of employee
15 contributions actually paid, plus (2) if payment is made
16 after January 1, 1990, regular interest on the amount
17 specified in item (1) from the date of service to the date of
18 payment.
19 (g) A State policeman may elect, not later than January
20 1, 1990, to establish eligible creditable service for up to
21 10 years of his service as a policeman under Article 3, by
22 filing a written election with the Board, accompanied by
23 payment of an amount to be determined by the Board, equal to
24 (i) the difference between the amount of employee and
25 employer contributions transferred to the System under
26 Section 3-110.5, and the amounts that would have been
27 contributed had such contributions been made at the rates
28 applicable to State policemen, plus (ii) interest thereon at
29 the effective rate for each year, compounded annually, from
30 the date of service to the date of payment.
31 Subject to the limitation in subsection (i), a State
32 policeman may elect, not later than July 1, 1993, to
33 establish eligible creditable service for up to 10 years of
34 his service as a member of the County Police Department under
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1 Article 9, by filing a written election with the Board,
2 accompanied by payment of an amount to be determined by the
3 Board, equal to (i) the difference between the amount of
4 employee and employer contributions transferred to the System
5 under Section 9-121.10 and the amounts that would have been
6 contributed had those contributions been made at the rates
7 applicable to State policemen, plus (ii) interest thereon at
8 the effective rate for each year, compounded annually, from
9 the date of service to the date of payment.
10 (h) Subject to the limitation in subsection (i), a State
11 policeman or investigator for the Secretary of State may
12 elect to establish eligible creditable service for up to 12
13 years of his service as a policeman under Article 5, by
14 filing a written election with the Board on or before January
15 31, 1992, and paying to the System by January 31, 1994 an
16 amount to be determined by the Board, equal to (i) the
17 difference between the amount of employee and employer
18 contributions transferred to the System under Section 5-236,
19 and the amounts that would have been contributed had such
20 contributions been made at the rates applicable to State
21 policemen, plus (ii) interest thereon at the effective rate
22 for each year, compounded annually, from the date of service
23 to the date of payment.
24 Subject to the limitation in subsection (i), a State
25 policeman, conservation police officer, or investigator for
26 the Secretary of State may elect to establish eligible
27 creditable service for up to 10 years of service as a
28 sheriff's law enforcement employee under Article 7, by filing
29 a written election with the Board on or before January 31,
30 1993, and paying to the System by January 31, 1994 an amount
31 to be determined by the Board, equal to (i) the difference
32 between the amount of employee and employer contributions
33 transferred to the System under Section 7-139.7, and the
34 amounts that would have been contributed had such
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1 contributions been made at the rates applicable to State
2 policemen, plus (ii) interest thereon at the effective rate
3 for each year, compounded annually, from the date of service
4 to the date of payment.
5 (i) The total amount of eligible creditable service
6 established by any person under subsections (g), (h) and (j)
7 of this Section shall not exceed 12 years.
8 (j) Subject to the limitation in subsection (i), an
9 investigator for the Office of the State's Attorneys
10 Appellate Prosecutor may elect to establish eligible
11 creditable service for up to 10 years of his service as a
12 policeman under Article 3 or a sheriff's law enforcement
13 employee under Article 7, by filing a written election with
14 the Board, accompanied by payment of an amount to be
15 determined by the Board, equal to (1) the difference between
16 the amount of employee and employer contributions transferred
17 to the System under Section 3-110.6 or 7-139.8, and the
18 amounts that would have been contributed had such
19 contributions been made at the rates applicable to State
20 policemen, plus (2) interest thereon at the effective rate
21 for each year, compounded annually, from the date of service
22 to the date of payment.
23 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
24 89-507, eff. 7-1-97.)
25 Section 95. No acceleration or delay. Where this Act
26 makes changes in a statute that is represented in this Act by
27 text that is not yet or no longer in effect (for example, a
28 Section represented by multiple versions), the use of that
29 text does not accelerate or delay the taking effect of (i)
30 the changes made by this Act or (ii) provisions derived from
31 any other Public Act.
32 Section 99. Effective date. This Act takes effect upon
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1 becoming law.