State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

90_HB0313eng

      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 arson
      investigators employed  by  the  Office  of  the  State  Fire
      Marshal.  Effective immediately.
                                                     LRB9000555EGfg
HB0313 Engrossed                               LRB9000555EGfg
 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10        (a)  Any member who has withdrawn from service  with  not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12    attained age 55,  and  any  member  who  has  withdrawn  from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.
HB0313 Engrossed            -2-                LRB9000555EGfg
 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)  arson investigator.
HB0313 Engrossed            -3-                LRB9000555EGfg
 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
HB0313 Engrossed            -4-                LRB9000555EGfg
 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
HB0313 Engrossed            -5-                LRB9000555EGfg
 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
HB0313 Engrossed            -6-                LRB9000555EGfg
 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
HB0313 Engrossed            -7-                LRB9000555EGfg
 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)  "Arson investigator" means any person employed
 7        as such by the Office of the State Fire Marshal.
 8        (d)  A   security   employee   of   the   Department   of
 9    Corrections, and a security employee  of  the  Department  of
10    Mental  Health  and  Developmental  Disabilities who is not a
11    mental health police officer, shall not be eligible  for  the
12    alternative  retirement  annuity  provided  by  this  Section
13    unless  he or she meets the following minimum age and service
14    requirements at the time of retirement:
15             (i)  25 years of eligible creditable service and age
16        55; or
17             (ii)  beginning  January  1,  1987,  25   years   of
18        eligible  creditable  service  and age 54, or 24 years of
19        eligible creditable service and age 55; or
20             (iii)  beginning  January  1,  1988,  25  years   of
21        eligible  creditable  service  and age 53, or 23 years of
22        eligible creditable service and age 55; or
23             (iv)  beginning  January  1,  1989,  25   years   of
24        eligible  creditable  service  and age 52, or 22 years of
25        eligible creditable service and age 55; or
26             (v)  beginning January 1, 1990, 25 years of eligible
27        creditable service and age 51, or 21  years  of  eligible
28        creditable service and age 55; or
29             (vi)  beginning   January   1,  1991,  25  years  of
30        eligible creditable service and age 50, or  20  years  of
31        eligible creditable service and age 55.
32        Persons  who have service credit under Article 16 of this
33    Code for service as a security employee of the Department  of
34    Corrections  in  a  position  requiring  certification  as  a
HB0313 Engrossed            -8-                LRB9000555EGfg
 1    teacher  may  count  such  service  toward establishing their
 2    eligibility under the service requirements of  this  Section;
 3    but  such  service  may  be  used  only for establishing such
 4    eligibility,  and  not  for  the  purpose  of  increasing  or
 5    calculating any benefit.
 6        (e)  If a member enters military service while working in
 7    a position  in  which  eligible  creditable  service  may  be
 8    earned,  and  returns to State service in the same or another
 9    such  position,  and  fulfills  in  all  other  respects  the
10    conditions prescribed in this Article for credit for military
11    service, such military service shall be credited as  eligible
12    creditable service for the purposes of the retirement annuity
13    prescribed in this Section.
14        (f)  For  purposes  of  calculating  retirement annuities
15    under  this  Section,  periods  of  service  rendered   after
16    December  31,  1968  and  before October 1, 1975 as a covered
17    employee in  the  position  of  special  agent,  conservation
18    police officer, mental health police officer, or investigator
19    for  the  Secretary  of  State,  shall be deemed to have been
20    service as a noncovered employee, provided that the  employee
21    pays to the System prior to retirement an amount equal to (1)
22    the  difference between the employee contributions that would
23    have been required for such service as a noncovered employee,
24    and the amount of employee contributions actually paid,  plus
25    (2)  if payment is made after July 31, 1987, regular interest
26    on the amount specified in item (1) from the date of  service
27    to the date of payment.
28        For  purposes  of  calculating retirement annuities under
29    this Section, periods of service rendered after December  31,
30    1968  and before January 1, 1982 as a covered employee in the
31    position of investigator for the Department of Revenue  shall
32    be  deemed  to  have  been  service as a noncovered employee,
33    provided that the  employee  pays  to  the  System  prior  to
34    retirement  an amount equal to (1) the difference between the
HB0313 Engrossed            -9-                LRB9000555EGfg
 1    employee contributions that would have been required for such
 2    service as a noncovered employee, and the amount of  employee
 3    contributions  actually  paid,  plus  (2)  if payment is made
 4    after  January  1,  1990,  regular  interest  on  the  amount
 5    specified in item (1) from the date of service to the date of
 6    payment.
 7        (g)  A State policeman may elect, not later than  January
 8    1,  1990,  to establish eligible creditable service for up to
 9    10 years of his service as a policeman under  Article  3,  by
10    filing  a  written  election  with  the Board, accompanied by
11    payment of an amount to be determined by the Board, equal  to
12    (i)  the  difference  between  the  amount  of  employee  and
13    employer   contributions  transferred  to  the  System  under
14    Section  3-110.5,  and  the  amounts  that  would  have  been
15    contributed had such contributions been  made  at  the  rates
16    applicable  to State policemen, plus (ii) interest thereon at
17    the effective rate for each year, compounded  annually,  from
18    the date of service to the date of payment.
19        Subject  to  the  limitation  in  subsection (i), a State
20    policeman  may  elect,  not  later  than  July  1,  1993,  to
21    establish eligible creditable service for up to 10  years  of
22    his service as a member of the County Police Department under
23    Article  9,  by  filing  a  written  election with the Board,
24    accompanied by payment of an amount to be determined  by  the
25    Board,  equal  to  (i)  the  difference between the amount of
26    employee and employer contributions transferred to the System
27    under Section 9-121.10 and the amounts that would  have  been
28    contributed  had  those  contributions been made at the rates
29    applicable to State policemen, plus (ii) interest thereon  at
30    the  effective  rate for each year, compounded annually, from
31    the date of service to the date of payment.
32        (h)  Subject to the limitation in subsection (i), a State
33    policeman or investigator for  the  Secretary  of  State  may
34    elect  to  establish eligible creditable service for up to 12
HB0313 Engrossed            -10-               LRB9000555EGfg
 1    years of his service as  a  policeman  under  Article  5,  by
 2    filing a written election with the Board on or before January
 3    31,  1992,  and  paying  to the System by January 31, 1994 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 5-236,
 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
10    for  each year, compounded annually, from the date of service
11    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
16    sheriff's law enforcement employee under Article 7, by filing
17    a written election with the Board on or  before  January  31,
18    1993,  and paying to the System by January 31, 1994 an amount
19    to be determined by the Board, equal to  (i)  the  difference
20    between  the  amount  of  employee and employer contributions
21    transferred to the System  under  Section  7-139.7,  and  the
22    amounts   that   would   have   been   contributed  had  such
23    contributions been made at  the  rates  applicable  to  State
24    policemen,  plus  (ii) interest thereon at the effective rate
25    for each year, compounded annually, from the date of  service
26    to the date of payment.
27        (i)  The  total  amount  of  eligible  creditable service
28    established by any person under subsections (g), (h) and  (j)
29    of this Section shall not exceed 12 years.
30        (j)  Subject  to  the  limitation  in  subsection (i), an
31    investigator  for  the  Office  of  the   State's   Attorneys
32    Appellate   Prosecutor   may   elect  to  establish  eligible
33    creditable service for up to 10 years of  his  service  as  a
34    policeman  under  Article  3  or  a sheriff's law enforcement
HB0313 Engrossed            -11-               LRB9000555EGfg
 1    employee under Article 7, by filing a written  election  with
 2    the  Board,  accompanied  by  payment  of  an  amount  to  be
 3    determined  by the Board, equal to (1) the difference between
 4    the amount of employee and employer contributions transferred
 5    to the System under  Section  3-110.6  or  7-139.8,  and  the
 6    amounts   that   would   have   been   contributed  had  such
 7    contributions been made at  the  rates  applicable  to  State
 8    policemen,  plus  (2)  interest thereon at the effective rate
 9    for each year, compounded annually, from the date of  service
10    to the date of payment.
11    (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
12        (Text of Section after amendment by P.A. 89-507)
13        Sec. 14-110.  Alternative retirement annuity.
14        (a)  Any  member  who has withdrawn from service with not
15    less than 20 years of eligible  creditable  service  and  has
16    attained  age  55,  and  any  member  who  has withdrawn from
17    service with not less than 25 years  of  eligible  creditable
18    service  and  has  attained age 50, regardless of whether the
19    attainment of either of the specified ages occurs  while  the
20    member  is  still in service, shall be entitled to receive at
21    the option of the member, in lieu of the regular  or  minimum
22    retirement   annuity,   a  retirement   annuity  computed  as
23    follows:
24             (i)  for  periods  of  service   as   a   noncovered
25        employee,  2  1/4% of final average compensation for each
26        of the first 10 years of creditable service, 2  1/2%  for
27        each  year  above  10  years to and including 20 years of
28        creditable  service,  and  2  3/4%  for  each   year   of
29        creditable service above 20 years; and
30             (ii)  for  periods of eligible creditable service as
31        a covered employee, 1.67% of final  average  compensation
32        for each of the first 10 years of such service, 1.90% for
33        each of the next 10 years of such service, 2.10% for each
34        year  of  such  service in excess of 20 but not exceeding
HB0313 Engrossed            -12-               LRB9000555EGfg
 1        30, and 2.30% for each year in excess of 30.
 2        Such annuity shall be subject to  a  maximum  of  75%  of
 3    final   average  compensation.   These  rates  shall  not  be
 4    applicable to any service performed by a member as a  covered
 5    employee  which  is not eligible creditable service.  Service
 6    as a  covered  employee  which  is  not  eligible  creditable
 7    service  shall  be  subject  to  the  rates and provisions of
 8    Section 14-108.
 9        (b)  For  the  purpose   of   this   Section,   "eligible
10    creditable  service"  means creditable service resulting from
11    service in one or more of the following positions:
12             (1)  State policeman;
13             (2)  fire fighter in the fire protection service  of
14        a department;
15             (3)  air pilot;
16             (4)  special agent;
17             (5)  investigator for the Secretary of State;
18             (6)  conservation police officer;
19             (7)  investigator for the Department of Revenue;
20             (8)  security  employee  of  the Department of Human
21        Services;
22             (9)  Central  Management  Services  security  police
23        officer;
24             (10)  security  employee  of   the   Department   of
25        Corrections;
26             (11)  dangerous drugs investigator;
27             (12)  investigator   for  the  Department  of  State
28        Police;
29             (13)  investigator for the Office  of  the  Attorney
30        General;
31             (14)  controlled substance inspector;
32             (15)  investigator  for  the  Office  of the State's
33        Attorneys Appellate Prosecutor;
34             (16)  Commerce Commission police officer;
HB0313 Engrossed            -13-               LRB9000555EGfg
 1             (17)  arson investigator.
 2        A person employed in one of the  positions  specified  in
 3    this  subsection  is  entitled to eligible creditable service
 4    for service credit earned under this Article while undergoing
 5    the basic police training course  approved  by  the  Illinois
 6    Local  Governmental  Law Enforcement Officers Training Board,
 7    if completion of that training is required of persons serving
 8    in that position.  For the purposes  of  this  Code,  service
 9    during  the  required  basic  police training course shall be
10    deemed performance of the duties of the  specified  position,
11    even  though  the  person is not a sworn peace officer at the
12    time of the training.
13        (c)  For the purposes of this Section:
14             (1)  The term "state policeman" includes  any  title
15        or  position  in  the  Department of State Police that is
16        held by an individual employed  under  the  State  Police
17        Act.
18             (2)  The  term  "fire fighter in the fire protection
19        service of a department" includes all  officers  in  such
20        fire   protection   service  including  fire  chiefs  and
21        assistant fire chiefs.
22             (3)  The term  "air  pilot"  includes  any  employee
23        whose  official job description on file in the Department
24        of Central Management Services, or in the  department  by
25        which he is employed if that department is not covered by
26        the Personnel Code, states that his principal duty is the
27        operation  of  aircraft,  and  who  possesses  a  pilot's
28        license;  however,  the change in this definition made by
29        this amendatory Act of 1983 shall not operate to  exclude
30        any  noncovered  employee  who was an "air pilot" for the
31        purposes of this Section on January 1, 1984.
32             (4)  The term "special agent" means any  person  who
33        by  reason  of  employment  by  the  Division of Narcotic
34        Control, the Bureau of Investigation or,  after  July  1,
HB0313 Engrossed            -14-               LRB9000555EGfg
 1        1977,   the   Division  of  Criminal  Investigation,  the
 2        Division of Internal Investigation or any other  Division
 3        or  organizational  entity  in  the  Department  of State
 4        Police is vested by law with duties  to  maintain  public
 5        order, investigate violations of the criminal law of this
 6        State,  enforce  the laws of this State, make arrests and
 7        recover property.  The term "special agent" includes  any
 8        title  or position in the Department of State Police that
 9        is held by an individual employed under the State  Police
10        Act.
11             (5)  The  term  "investigator  for  the Secretary of
12        State" means any person employed by  the  Office  of  the
13        Secretary  of  State  and  vested with such investigative
14        duties as render him ineligible for  coverage  under  the
15        Social  Security  Act by reason of Sections 218(d)(5)(A),
16        218(d)(8)(D) and 218(l)(1) of that Act.
17             A person who became employed as an investigator  for
18        the  Secretary  of  State  between  January  1,  1967 and
19        December 31, 1975, and  who  has  served  as  such  until
20        attainment  of  age  60,  either  continuously  or with a
21        single  break  in  service  of  not  more  than  3  years
22        duration, which break terminated before January 1,  1976,
23        shall   be   entitled  to  have  his  retirement  annuity
24        calculated    in   accordance   with   subsection    (a),
25        notwithstanding  that he has less than 20 years of credit
26        for such service.
27             (6)  The term "Conservation  Police  Officer"  means
28        any person employed by the Division of Law Enforcement of
29        the  Department of Natural Resources and vested with such
30        law enforcement  duties  as  render  him  ineligible  for
31        coverage  under  the  Social  Security  Act  by reason of
32        Sections 218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1)  of
33        that   Act.    The  term  "Conservation  Police  Officer"
34        includes  the  positions  of  Chief  Conservation  Police
HB0313 Engrossed            -15-               LRB9000555EGfg
 1        Administrator   and   Assistant    Conservation    Police
 2        Administrator.
 3             (7)  The  term  "investigator  for the Department of
 4        Revenue" means any person employed by the  Department  of
 5        Revenue  and  vested  with  such  investigative duties as
 6        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.
 9             (8)  The term "security employee of  the  Department
10        of  Human  Services"  means  any  person  employed by the
11        Department of Human  Services  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  Human  Services  in  a
16        position pertaining to the Department's mental health and
17        developmental  disabilities  functions who is vested with
18        such  law  enforcement  duties  as  render   the   person
19        ineligible  for coverage under the Social Security Act by
20        reason  of  Sections   218(d)(5)(A),   218(d)(8)(D)   and
21        218(l)(1) of that Act.
22             (9)  "Central  Management  Services  security police
23        officer" means any person employed by the  Department  of
24        Central  Management  Services who is vested with such law
25        enforcement duties as render him ineligible for  coverage
26        under  the  Social  Security  Act  by  reason of Sections
27        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
28             (10)  The term "security employee of the  Department
29        of  Corrections"  means any employee of the Department of
30        Corrections or the former Department  of  Personnel,  and
31        any  member or employee of the Prisoner Review Board, who
32        has daily  contact  with  inmates  by  working  within  a
33        correctional  facility  or  who is a parole officer or an
34        employee who has direct contact with committed persons in
HB0313 Engrossed            -16-               LRB9000555EGfg
 1        the performance of his or her job duties.
 2             (11)  The term "dangerous drugs investigator"  means
 3        any  person  who is employed as such by the Department of
 4        Human Services.
 5             (12)  The term "investigator for the  Department  of
 6        State  Police"  means a person employed by the Department
 7        of State Police who is vested  under  Section  4  of  the
 8        Narcotic  Control  Division  Abolition  Act with such law
 9        enforcement powers as render him ineligible for  coverage
10        under  the  Social  Security  Act  by  reason of Sections
11        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
12             (13)  "Investigator for the Office of  the  Attorney
13        General"  means any person who is employed as such by the
14        Office of the Attorney General and is  vested  with  such
15        investigative   duties   as  render  him  ineligible  for
16        coverage under the  Social  Security  Act  by  reason  of
17        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
18        Act.   For  the  period  before January 1, 1989, the term
19        includes all persons who were employed  as  investigators
20        by  the Office of the Attorney General, without regard to
21        social security status.
22             (14)  "Controlled  substance  inspector"  means  any
23        person who is employed  as  such  by  the  Department  of
24        Professional  Regulation  and  is  vested  with  such law
25        enforcement duties as render him ineligible for  coverage
26        under  the  Social  Security  Act  by  reason of Sections
27        218(d)(5)(A), 218(d)(8)(D) and  218(l)(1)  of  that  Act.
28        The  term  "controlled  substance inspector" includes the
29        Program  Executive  of  Enforcement  and  the   Assistant
30        Program Executive of Enforcement.
31             (15)  The  term  "investigator for the Office of the
32        State's Attorneys Appellate Prosecutor"  means  a  person
33        employed  in that capacity on a full time basis under the
34        authority  of  Section  7.06  of  the  State's  Attorneys
HB0313 Engrossed            -17-               LRB9000555EGfg
 1        Appellate Prosecutor's Act.
 2             (16)  "Commerce Commission police officer" means any
 3        person employed by the Illinois Commerce  Commission  who
 4        is  vested with such law enforcement duties as render him
 5        ineligible for coverage under the Social Security Act  by
 6        reason   of   Sections  218(d)(5)(A),  218(d)(8)(D),  and
 7        218(l)(1) of that Act.
 8             (17)  "Arson investigator" means any person employed
 9        as such by the Office of the State Fire Marshal.
10        (d)  A   security   employee   of   the   Department   of
11    Corrections, and a security employee  of  the  Department  of
12    Human  Services  who  is  not a mental health police officer,
13    shall not be eligible for the alternative retirement  annuity
14    provided by this Section unless he or she meets the following
15    minimum   age   and  service  requirements  at  the  time  of
16    retirement:
17             (i)  25 years of eligible creditable service and age
18        55; or
19             (ii)  beginning  January  1,  1987,  25   years   of
20        eligible  creditable  service  and age 54, or 24 years of
21        eligible creditable service and age 55; or
22             (iii)  beginning  January  1,  1988,  25  years   of
23        eligible  creditable  service  and age 53, or 23 years of
24        eligible creditable service and age 55; or
25             (iv)  beginning  January  1,  1989,  25   years   of
26        eligible  creditable  service  and age 52, or 22 years of
27        eligible creditable service and age 55; or
28             (v)  beginning January 1, 1990, 25 years of eligible
29        creditable service and age 51, or 21  years  of  eligible
30        creditable service and age 55; or
31             (vi)  beginning   January   1,  1991,  25  years  of
32        eligible creditable service and age 50, or  20  years  of
33        eligible creditable service and age 55.
34        Persons  who have service credit under Article 16 of this
HB0313 Engrossed            -18-               LRB9000555EGfg
 1    Code for service as a security employee of the Department  of
 2    Corrections  in  a  position  requiring  certification  as  a
 3    teacher  may  count  such  service  toward establishing their
 4    eligibility under the service requirements of  this  Section;
 5    but  such  service  may  be  used  only for establishing such
 6    eligibility,  and  not  for  the  purpose  of  increasing  or
 7    calculating any benefit.
 8        (e)  If a member enters military service while working in
 9    a position  in  which  eligible  creditable  service  may  be
10    earned,  and  returns to State service in the same or another
11    such  position,  and  fulfills  in  all  other  respects  the
12    conditions prescribed in this Article for credit for military
13    service, such military service shall be credited as  eligible
14    creditable service for the purposes of the retirement annuity
15    prescribed in this Section.
16        (f)  For  purposes  of  calculating  retirement annuities
17    under  this  Section,  periods  of  service  rendered   after
18    December  31,  1968  and  before October 1, 1975 as a covered
19    employee in  the  position  of  special  agent,  conservation
20    police officer, mental health police officer, or investigator
21    for  the  Secretary  of  State,  shall be deemed to have been
22    service as a noncovered employee, provided that the  employee
23    pays to the System prior to retirement an amount equal to (1)
24    the  difference between the employee contributions that would
25    have been required for such service as a noncovered employee,
26    and the amount of employee contributions actually paid,  plus
27    (2)  if payment is made after July 31, 1987, regular interest
28    on the amount specified in item (1) from the date of  service
29    to the date of payment.
30        For  purposes  of  calculating retirement annuities under
31    this Section, periods of service rendered after December  31,
32    1968  and before January 1, 1982 as a covered employee in the
33    position of investigator for the Department of Revenue  shall
34    be  deemed  to  have  been  service as a noncovered employee,
HB0313 Engrossed            -19-               LRB9000555EGfg
 1    provided that the  employee  pays  to  the  System  prior  to
 2    retirement  an amount equal to (1) the difference between the
 3    employee contributions that would have been required for such
 4    service as a noncovered employee, and the amount of  employee
 5    contributions  actually  paid,  plus  (2)  if payment is made
 6    after  January  1,  1990,  regular  interest  on  the  amount
 7    specified in item (1) from the date of service to the date of
 8    payment.
 9        (g)  A State policeman may elect, not later than  January
10    1,  1990,  to establish eligible creditable service for up to
11    10 years of his service as a policeman under  Article  3,  by
12    filing  a  written  election  with  the Board, accompanied by
13    payment of an amount to be determined by the Board, equal  to
14    (i)  the  difference  between  the  amount  of  employee  and
15    employer   contributions  transferred  to  the  System  under
16    Section  3-110.5,  and  the  amounts  that  would  have  been
17    contributed had such contributions been  made  at  the  rates
18    applicable  to State policemen, plus (ii) interest thereon at
19    the effective rate for each year, compounded  annually,  from
20    the date of service to the date of payment.
21        Subject  to  the  limitation  in  subsection (i), a State
22    policeman  may  elect,  not  later  than  July  1,  1993,  to
23    establish eligible creditable service for up to 10  years  of
24    his service as a member of the County Police Department under
25    Article  9,  by  filing  a  written  election with the Board,
26    accompanied by payment of an amount to be determined  by  the
27    Board,  equal  to  (i)  the  difference between the amount of
28    employee and employer contributions transferred to the System
29    under Section 9-121.10 and the amounts that would  have  been
30    contributed  had  those  contributions been made at the rates
31    applicable to State policemen, plus (ii) interest thereon  at
32    the  effective  rate for each year, compounded annually, from
33    the date of service to the date of payment.
34        (h)  Subject to the limitation in subsection (i), a State
HB0313 Engrossed            -20-               LRB9000555EGfg
 1    policeman or investigator for  the  Secretary  of  State  may
 2    elect  to  establish eligible creditable service for up to 12
 3    years of his service as  a  policeman  under  Article  5,  by
 4    filing a written election with the Board on or before January
 5    31,  1992,  and  paying  to the System by January 31, 1994 an
 6    amount to be determined  by  the  Board,  equal  to  (i)  the
 7    difference  between  the  amount  of  employee  and  employer
 8    contributions  transferred to the System under Section 5-236,
 9    and the amounts that would have  been  contributed  had  such
10    contributions  been  made  at  the  rates applicable to State
11    policemen, plus (ii) interest thereon at the  effective  rate
12    for  each year, compounded annually, from the date of service
13    to the date of payment.
14        Subject to the limitation  in  subsection  (i),  a  State
15    policeman,  conservation  police officer, or investigator for
16    the Secretary  of  State  may  elect  to  establish  eligible
17    creditable  service  for  up  to  10  years  of  service as a
18    sheriff's law enforcement employee under Article 7, by filing
19    a written election with the Board on or  before  January  31,
20    1993,  and paying to the System by January 31, 1994 an amount
21    to be determined by the Board, equal to  (i)  the  difference
22    between  the  amount  of  employee and employer contributions
23    transferred to the System  under  Section  7-139.7,  and  the
24    amounts   that   would   have   been   contributed  had  such
25    contributions been made at  the  rates  applicable  to  State
26    policemen,  plus  (ii) interest thereon at the effective rate
27    for each year, compounded annually, from the date of  service
28    to the date of payment.
29        (i)  The  total  amount  of  eligible  creditable service
30    established by any person under subsections (g), (h) and  (j)
31    of this Section shall not exceed 12 years.
32        (j)  Subject  to  the  limitation  in  subsection (i), an
33    investigator  for  the  Office  of  the   State's   Attorneys
34    Appellate   Prosecutor   may   elect  to  establish  eligible
HB0313 Engrossed            -21-               LRB9000555EGfg
 1    creditable service for up to 10 years of  his  service  as  a
 2    policeman  under  Article  3  or  a sheriff's law enforcement
 3    employee under Article 7, by filing a written  election  with
 4    the  Board,  accompanied  by  payment  of  an  amount  to  be
 5    determined  by the Board, equal to (1) the difference between
 6    the amount of employee and employer contributions transferred
 7    to the System under  Section  3-110.6  or  7-139.8,  and  the
 8    amounts   that   would   have   been   contributed  had  such
 9    contributions been made at  the  rates  applicable  to  State
10    policemen,  plus  (2)  interest thereon at the effective rate
11    for each year, compounded annually, from the date of  service
12    to the date of payment.
13    (Source: P.A.  89-136,  eff.  7-14-95;  89-445,  eff. 2-7-96;
14    89-507, eff. 7-1-97.)
15        Section 95.  No acceleration or delay.   Where  this  Act
16    makes changes in a statute that is represented in this Act by
17    text  that  is not yet or no longer in effect (for example, a
18    Section represented by multiple versions), the  use  of  that
19    text  does  not  accelerate or delay the taking effect of (i)
20    the changes made by this Act or (ii) provisions derived  from
21    any other Public Act.
22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.

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