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90_HB0590
40 ILCS 5/3-110.6 from Ch. 108 1/2, par. 3-110.6
40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8
40 ILCS 5/14-104.10 new
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the Illinois Pension Code to allow State employees
to establish service credit for up to 5 years of certain
federal employment. Allows controlled substance inspectors
to establish up to 12 years of eligible creditable service
for periods spent as a law enforcement officer employed by
the federal government or any state, county, or local
government. Also allows controlled substance inspectors to
transfer credits from downstate police pension funds and the
Illinois Municipal Retirement Fund to the State Employees'
Retirement System. Effective immediately.
LRB9002569EGfg
LRB9002569EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 3-110.6, 7-139.8, and 14-110 and adding Section
3 14-104.10.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Pension Code is amended by
7 changing Sections 3-110.6, 7-139.8, and 14-110 and adding
8 Section 14-104.10 as follows:
9 (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
10 Sec. 3-110.6. Transfer to Article 14 System.
11 (a) Any active member of the State Employees' Retirement
12 System who is an investigator for the Office of the State's
13 Attorneys Appellate Prosecutor or a controlled substance
14 inspector may apply for transfer of his or her creditable
15 service accumulated in any police pension fund under this
16 Article to the State Employees' Retirement System in
17 accordance with Section 14-110. The creditable service shall
18 be transferred only upon payment by the police pension fund
19 to the State Employees' Retirement System of an amount equal
20 to:
21 (1) the amounts accumulated to the credit of the
22 applicant on the books of the fund on the date of
23 transfer; and
24 (2) employer contributions in an amount equal to
25 the amount determined under subparagraph (1); and
26 (3) any interest paid by the applicant in order to
27 reinstate service.
28 Participation in the police pension fund shall terminate on
29 the date of transfer.
30 (b) Any such investigator or inspector may reinstate
31 service which was terminated by receipt of a refund, by
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1 paying to the police pension fund the amount of the refund
2 with interest thereon at the rate of 6% per year, compounded
3 annually, from the date of refund to the date of payment.
4 (Source: P.A. 87-1265.)
5 (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
6 Sec. 7-139.8. Transfer to Article 14 System.
7 (a) Any active member of the State Employees' Retirement
8 System who is an investigator for the Office of the State's
9 Attorneys Appellate Prosecutor or a controlled substance
10 inspector may apply for transfer of his or her credits and
11 creditable service accumulated in this Fund for service as a
12 sheriff's law enforcement employee to the State Employees'
13 Retirement System in accordance with Section 14-110. The
14 creditable service shall be transferred only upon payment by
15 this Fund to the State Employees' Retirement System of an
16 amount equal to:
17 (1) the amounts accumulated to the credit of the
18 applicant for service as a sheriff's law enforcement
19 employee, including interest; and
20 (2) municipality credits based on such service,
21 including interest; and
22 (3) any interest paid by the applicant to reinstate
23 such service.
24 Participation in this Fund as to any credits transferred
25 under this Section shall terminate on the date of transfer.
26 (b) Any such investigator or inspector may reinstate
27 credits and creditable service terminated upon receipt of a
28 separation benefit, by paying to the Fund the amount of the
29 separation benefit plus interest thereon at the rate of 6%
30 per year to the date of payment.
31 (Source: P.A. 87-1265.)
32 (40 ILCS 5/14-104.10 new)
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1 Sec. 14-104.10. Federal employment. A contributing
2 employee may establish additional service credit for a period
3 of up to 5 years of employment by the United States federal
4 government for which he or she does not qualify for credit
5 under any other provision of this Article, provided that (1)
6 the amount of service credit established by the person under
7 this Section, when added to the amount of all military
8 service credit granted to the person under this Article,
9 shall not exceed 5 years, and (2) any credit received for the
10 federal employment in any federal or other public pension
11 fund or retirement system has been terminated or
12 relinquished.
13 In order to establish service credit under this Section,
14 the applicant must submit a written application to the
15 System, including such documentation of the federal
16 employment as the Board may require, and pay to the System
17 (1) employee contributions at the rates provided in this
18 Article based upon the person's salary on the last day as a
19 participating employee prior to the federal employment, or on
20 the first day as a participating employee after the federal
21 employment, whichever is greater, plus (2) an amount
22 determined by the Board to be equal to the employer's normal
23 cost of the benefits accrued for the federal employment, plus
24 (3) regular interest on items (1) and (2) from the date of
25 conclusion of the federal service to the date of payment.
26 Contributions must be paid in a single lump sum before the
27 credit is granted. Credit established under this Section may
28 be used for pension purposes only.
29 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
30 (Text of Section before amendment by P.A. 89-507)
31 Sec. 14-110. Alternative retirement annuity.
32 (a) Any member who has withdrawn from service with not
33 less than 20 years of eligible creditable service and has
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1 attained age 55, and any member who has withdrawn from
2 service with not less than 25 years of eligible creditable
3 service and has attained age 50, regardless of whether the
4 attainment of either of the specified ages occurs while the
5 member is still in service, shall be entitled to receive at
6 the option of the member, in lieu of the regular or minimum
7 retirement annuity, a retirement annuity computed as
8 follows:
9 (i) for periods of service as a noncovered
10 employee, 2 1/4% of final average compensation for each
11 of the first 10 years of creditable service, 2 1/2% for
12 each year above 10 years to and including 20 years of
13 creditable service, and 2 3/4% for each year of
14 creditable service above 20 years; and
15 (ii) for periods of eligible creditable service as
16 a covered employee, 1.67% of final average compensation
17 for each of the first 10 years of such service, 1.90% for
18 each of the next 10 years of such service, 2.10% for each
19 year of such service in excess of 20 but not exceeding
20 30, and 2.30% for each year in excess of 30.
21 Such annuity shall be subject to a maximum of 75% of
22 final average compensation. These rates shall not be
23 applicable to any service performed by a member as a covered
24 employee which is not eligible creditable service. Service
25 as a covered employee which is not eligible creditable
26 service shall be subject to the rates and provisions of
27 Section 14-108.
28 (b) For the purpose of this Section, "eligible
29 creditable service" means creditable service resulting from
30 service in one or more of the following positions:
31 (1) State policeman;
32 (2) fire fighter in the fire protection service of
33 a department;
34 (3) air pilot;
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1 (4) special agent;
2 (5) investigator for the Secretary of State;
3 (6) conservation police officer;
4 (7) investigator for the Department of Revenue;
5 (8) security employee of the Department of Mental
6 Health and Developmental Disabilities;
7 (9) Central Management Services security police
8 officer;
9 (10) security employee of the Department of
10 Corrections;
11 (11) dangerous drugs investigator;
12 (12) investigator for the Department of State
13 Police;
14 (13) investigator for the Office of the Attorney
15 General;
16 (14) controlled substance inspector;
17 (15) investigator for the Office of the State's
18 Attorneys Appellate Prosecutor;
19 (16) Commerce Commission police officer.
20 A person employed in one of the positions specified in
21 this subsection is entitled to eligible creditable service
22 for service credit earned under this Article while undergoing
23 the basic police training course approved by the Illinois
24 Local Governmental Law Enforcement Officers Training Board,
25 if completion of that training is required of persons serving
26 in that position. For the purposes of this Code, service
27 during the required basic police training course shall be
28 deemed performance of the duties of the specified position,
29 even though the person is not a sworn peace officer at the
30 time of the training.
31 (c) For the purposes of this Section:
32 (1) The term "state policeman" includes any title
33 or position in the Department of State Police that is
34 held by an individual employed under the State Police
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1 Act.
2 (2) The term "fire fighter in the fire protection
3 service of a department" includes all officers in such
4 fire protection service including fire chiefs and
5 assistant fire chiefs.
6 (3) The term "air pilot" includes any employee
7 whose official job description on file in the Department
8 of Central Management Services, or in the department by
9 which he is employed if that department is not covered by
10 the Personnel Code, states that his principal duty is the
11 operation of aircraft, and who possesses a pilot's
12 license; however, the change in this definition made by
13 this amendatory Act of 1983 shall not operate to exclude
14 any noncovered employee who was an "air pilot" for the
15 purposes of this Section on January 1, 1984.
16 (4) The term "special agent" means any person who
17 by reason of employment by the Division of Narcotic
18 Control, the Bureau of Investigation or, after July 1,
19 1977, the Division of Criminal Investigation, the
20 Division of Internal Investigation or any other Division
21 or organizational entity in the Department of State
22 Police is vested by law with duties to maintain public
23 order, investigate violations of the criminal law of this
24 State, enforce the laws of this State, make arrests and
25 recover property. The term "special agent" includes any
26 title or position in the Department of State Police that
27 is held by an individual employed under the State Police
28 Act.
29 (5) The term "investigator for the Secretary of
30 State" means any person employed by the Office of the
31 Secretary of State and vested with such investigative
32 duties as render him ineligible for coverage under the
33 Social Security Act by reason of Sections 218(d)(5)(A),
34 218(d)(8)(D) and 218(l)(1) of that Act.
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1 A person who became employed as an investigator for
2 the Secretary of State between January 1, 1967 and
3 December 31, 1975, and who has served as such until
4 attainment of age 60, either continuously or with a
5 single break in service of not more than 3 years
6 duration, which break terminated before January 1, 1976,
7 shall be entitled to have his retirement annuity
8 calculated in accordance with subsection (a),
9 notwithstanding that he has less than 20 years of credit
10 for such service.
11 (6) The term "Conservation Police Officer" means
12 any person employed by the Division of Law Enforcement of
13 the Department of Natural Resources and vested with such
14 law enforcement duties as render him ineligible for
15 coverage under the Social Security Act by reason of
16 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
17 that Act. The term "Conservation Police Officer"
18 includes the positions of Chief Conservation Police
19 Administrator and Assistant Conservation Police
20 Administrator.
21 (7) The term "investigator for the Department of
22 Revenue" means any person employed by the Department of
23 Revenue and vested with such investigative duties as
24 render him ineligible for coverage under the Social
25 Security Act by reason of Sections 218(d)(5)(A),
26 218(d)(8)(D) and 218(l)(1) of that Act.
27 (8) The term "security employee of the Department
28 of Mental Health and Developmental Disabilities" means
29 any person employed by the Department of Mental Health
30 and Developmental Disabilities who is employed at the
31 Chester Mental Health Center and has daily contact with
32 the residents thereof, or who is a mental health police
33 officer. "Mental health police officer" means any person
34 employed by the Department of Mental Health and
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1 Developmental Disabilities who is vested with such law
2 enforcement duties as render him ineligible for coverage
3 under the Social Security Act by reason of Sections
4 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
5 (9) "Central Management Services security police
6 officer" means any person employed by the Department of
7 Central Management Services who is vested with such law
8 enforcement duties as render him ineligible for coverage
9 under the Social Security Act by reason of Sections
10 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
11 (10) The term "security employee of the Department
12 of Corrections" means any employee of the Department of
13 Corrections or the former Department of Personnel, and
14 any member or employee of the Prisoner Review Board, who
15 has daily contact with inmates by working within a
16 correctional facility or who is a parole officer or an
17 employee who has direct contact with committed persons in
18 the performance of his or her job duties.
19 (11) The term "dangerous drugs investigator" means
20 any person who is employed as such by the Department of
21 Alcoholism and Substance Abuse.
22 (12) The term "investigator for the Department of
23 State Police" means a person employed by the Department
24 of State Police who is vested under Section 4 of the
25 Narcotic Control Division Abolition Act with such law
26 enforcement powers as render him ineligible for coverage
27 under the Social Security Act by reason of Sections
28 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
29 (13) "Investigator for the Office of the Attorney
30 General" means any person who is employed as such by the
31 Office of the Attorney General and is vested with such
32 investigative duties as render him ineligible for
33 coverage under the Social Security Act by reason of
34 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
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1 Act. For the period before January 1, 1989, the term
2 includes all persons who were employed as investigators
3 by the Office of the Attorney General, without regard to
4 social security status.
5 (14) "Controlled substance inspector" means any
6 person who is employed as such by the Department of
7 Professional Regulation and is vested with such law
8 enforcement duties as render him ineligible for coverage
9 under the Social Security Act by reason of Sections
10 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
11 The term "controlled substance inspector" includes the
12 Program Executive of Enforcement and the Assistant
13 Program Executive of Enforcement.
14 (15) The term "investigator for the Office of the
15 State's Attorneys Appellate Prosecutor" means a person
16 employed in that capacity on a full time basis under the
17 authority of Section 7.06 of the State's Attorneys
18 Appellate Prosecutor's Act.
19 (16) "Commerce Commission police officer" means any
20 person employed by the Illinois Commerce Commission who
21 is vested with such law enforcement duties as render him
22 ineligible for coverage under the Social Security Act by
23 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
24 218(l)(1) of that Act.
25 (d) A security employee of the Department of
26 Corrections, and a security employee of the Department of
27 Mental Health and Developmental Disabilities who is not a
28 mental health police officer, shall not be eligible for the
29 alternative retirement annuity provided by this Section
30 unless he or she meets the following minimum age and service
31 requirements at the time of retirement:
32 (i) 25 years of eligible creditable service and age
33 55; or
34 (ii) beginning January 1, 1987, 25 years of
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1 eligible creditable service and age 54, or 24 years of
2 eligible creditable service and age 55; or
3 (iii) beginning January 1, 1988, 25 years of
4 eligible creditable service and age 53, or 23 years of
5 eligible creditable service and age 55; or
6 (iv) beginning January 1, 1989, 25 years of
7 eligible creditable service and age 52, or 22 years of
8 eligible creditable service and age 55; or
9 (v) beginning January 1, 1990, 25 years of eligible
10 creditable service and age 51, or 21 years of eligible
11 creditable service and age 55; or
12 (vi) beginning January 1, 1991, 25 years of
13 eligible creditable service and age 50, or 20 years of
14 eligible creditable service and age 55.
15 Persons who have service credit under Article 16 of this
16 Code for service as a security employee of the Department of
17 Corrections in a position requiring certification as a
18 teacher may count such service toward establishing their
19 eligibility under the service requirements of this Section;
20 but such service may be used only for establishing such
21 eligibility, and not for the purpose of increasing or
22 calculating any benefit.
23 (e) If a member enters military service while working in
24 a position in which eligible creditable service may be
25 earned, and returns to State service in the same or another
26 such position, and fulfills in all other respects the
27 conditions prescribed in this Article for credit for military
28 service, such military service shall be credited as eligible
29 creditable service for the purposes of the retirement annuity
30 prescribed in this Section.
31 (f) For purposes of calculating retirement annuities
32 under this Section, periods of service rendered after
33 December 31, 1968 and before October 1, 1975 as a covered
34 employee in the position of special agent, conservation
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1 police officer, mental health police officer, or investigator
2 for the Secretary of State, shall be deemed to have been
3 service as a noncovered employee, provided that the employee
4 pays to the System prior to retirement an amount equal to (1)
5 the difference between the employee contributions that would
6 have been required for such service as a noncovered employee,
7 and the amount of employee contributions actually paid, plus
8 (2) if payment is made after July 31, 1987, regular interest
9 on the amount specified in item (1) from the date of service
10 to the date of payment.
11 For purposes of calculating retirement annuities under
12 this Section, periods of service rendered after December 31,
13 1968 and before January 1, 1982 as a covered employee in the
14 position of investigator for the Department of Revenue shall
15 be deemed to have been service as a noncovered employee,
16 provided that the employee pays to the System prior to
17 retirement an amount equal to (1) the difference between the
18 employee contributions that would have been required for such
19 service as a noncovered employee, and the amount of employee
20 contributions actually paid, plus (2) if payment is made
21 after January 1, 1990, regular interest on the amount
22 specified in item (1) from the date of service to the date of
23 payment.
24 (g) A State policeman may elect, not later than January
25 1, 1990, to establish eligible creditable service for up to
26 10 years of his service as a policeman under Article 3, by
27 filing a written election with the Board, accompanied by
28 payment of an amount to be determined by the Board, equal to
29 (i) the difference between the amount of employee and
30 employer contributions transferred to the System under
31 Section 3-110.5, and the amounts that would have been
32 contributed had such contributions been made at the rates
33 applicable to State policemen, plus (ii) interest thereon at
34 the effective rate for each year, compounded annually, from
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1 the date of service to the date of payment.
2 Subject to the limitation in subsection (i), a State
3 policeman may elect, not later than July 1, 1993, to
4 establish eligible creditable service for up to 10 years of
5 his service as a member of the County Police Department under
6 Article 9, by filing a written election with the Board,
7 accompanied by payment of an amount to be determined by the
8 Board, equal to (i) the difference between the amount of
9 employee and employer contributions transferred to the System
10 under Section 9-121.10 and the amounts that would have been
11 contributed had those contributions been made at the rates
12 applicable to State policemen, plus (ii) interest thereon at
13 the effective rate for each year, compounded annually, from
14 the date of service to the date of payment.
15 (h) Subject to the limitation in subsection (i), a State
16 policeman or investigator for the Secretary of State may
17 elect to establish eligible creditable service for up to 12
18 years of his service as a policeman under Article 5, by
19 filing a written election with the Board on or before January
20 31, 1992, and paying to the System by January 31, 1994 an
21 amount to be determined by the Board, equal to (i) the
22 difference between the amount of employee and employer
23 contributions transferred to the System under Section 5-236,
24 and the 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 Subject to the limitation in subsection (i), a State
30 policeman, conservation police officer, or investigator for
31 the Secretary of State may elect to establish eligible
32 creditable service for up to 10 years of service as a
33 sheriff's law enforcement employee under Article 7, by filing
34 a written election with the Board on or before January 31,
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1 1993, and paying to the System by January 31, 1994 an amount
2 to be determined by the Board, equal to (i) the difference
3 between the amount of employee and employer contributions
4 transferred to the System under Section 7-139.7, and the
5 amounts that would have been contributed had such
6 contributions been made at the rates applicable to State
7 policemen, plus (ii) interest thereon at the effective rate
8 for each year, compounded annually, from the date of service
9 to the date of payment.
10 (i) The total amount of eligible creditable service
11 established by any person under subsections (g), (h), and
12 (j), and (k) of this Section shall not exceed 12 years.
13 (j) Subject to the limitation in subsection (i), an
14 investigator for the Office of the State's Attorneys
15 Appellate Prosecutor or a controlled substance inspector may
16 elect to establish eligible creditable service for up to 10
17 years of his service as a policeman under Article 3 or a
18 sheriff's law enforcement employee under Article 7, by filing
19 a written election with the Board, accompanied by payment of
20 an amount to be determined by the Board, equal to (1) the
21 difference between the amount of employee and employer
22 contributions transferred to the System under Section 3-110.6
23 or 7-139.8, and the amounts that would have been contributed
24 had such contributions been made at the rates applicable to
25 State policemen, plus (2) interest thereon at the effective
26 rate for each year, compounded annually, from the date of
27 service to the date of payment.
28 (k) Subject to the limitation in subsection (i) of this
29 Section, a controlled substance inspector may elect, no later
30 than March 31, 1998, to establish eligible creditable service
31 for periods spent as a full time law enforcement officer
32 employed by the federal government or by a state, county, or
33 local government, for which credit is not held in any other
34 public employee pension fund or retirement system, by filing
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1 a written election with the Board, accompanied by evidence of
2 eligibility acceptable to the Board, and payment of an amount
3 to be determined by the Board, equal to (i) the amount of
4 employee and employer contributions that would have been
5 contributed had those contributions been made during the
6 period for which credit is sought, based on the rates then
7 applicable and the salary received by the applicant upon
8 first entering service as a controlled substance inspector
9 after the period for which credit is sought, plus (ii)
10 interest thereon at the effective rate for each year,
11 compounded annually, from the date of service to the date of
12 payment.
13 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
14 (Text of Section after amendment by P.A. 89-507)
15 Sec. 14-110. Alternative retirement annuity.
16 (a) Any member who has withdrawn from service with not
17 less than 20 years of eligible creditable service and has
18 attained age 55, and any member who has withdrawn from
19 service with not less than 25 years of eligible creditable
20 service and has attained age 50, regardless of whether the
21 attainment of either of the specified ages occurs while the
22 member is still in service, shall be entitled to receive at
23 the option of the member, in lieu of the regular or minimum
24 retirement annuity, a retirement annuity computed as
25 follows:
26 (i) for periods of service as a noncovered
27 employee, 2 1/4% of final average compensation for each
28 of the first 10 years of creditable service, 2 1/2% for
29 each year above 10 years to and including 20 years of
30 creditable service, and 2 3/4% for each year of
31 creditable service above 20 years; and
32 (ii) for periods of eligible creditable service as
33 a covered employee, 1.67% of final average compensation
34 for each of the first 10 years of such service, 1.90% for
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1 each of the next 10 years of such service, 2.10% for each
2 year of such service in excess of 20 but not exceeding
3 30, and 2.30% for each year in excess of 30.
4 Such annuity shall be subject to a maximum of 75% of
5 final average compensation. These rates shall not be
6 applicable to any service performed by a member as a covered
7 employee which is not eligible creditable service. Service
8 as a covered employee which is not eligible creditable
9 service shall be subject to the rates and provisions of
10 Section 14-108.
11 (b) For the purpose of this Section, "eligible
12 creditable service" means creditable service resulting from
13 service in one or more of the following positions:
14 (1) State policeman;
15 (2) fire fighter in the fire protection service of
16 a department;
17 (3) air pilot;
18 (4) special agent;
19 (5) investigator for the Secretary of State;
20 (6) conservation police officer;
21 (7) investigator for the Department of Revenue;
22 (8) security employee of the Department of Human
23 Services;
24 (9) Central Management Services security police
25 officer;
26 (10) security employee of the Department of
27 Corrections;
28 (11) dangerous drugs investigator;
29 (12) investigator for the Department of State
30 Police;
31 (13) investigator for the Office of the Attorney
32 General;
33 (14) controlled substance inspector;
34 (15) investigator for the Office of the State's
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1 Attorneys Appellate Prosecutor;
2 (16) Commerce Commission police officer.
3 A person employed in one of the positions specified in
4 this subsection is entitled to eligible creditable service
5 for service credit earned under this Article while undergoing
6 the basic police training course approved by the Illinois
7 Local Governmental Law Enforcement Officers Training Board,
8 if completion of that training is required of persons serving
9 in that position. For the purposes of this Code, service
10 during the required basic police training course shall be
11 deemed performance of the duties of the specified position,
12 even though the person is not a sworn peace officer at the
13 time of the training.
14 (c) For the purposes of this Section:
15 (1) The term "state policeman" includes any title
16 or position in the Department of State Police that is
17 held by an individual employed under the State Police
18 Act.
19 (2) The term "fire fighter in the fire protection
20 service of a department" includes all officers in such
21 fire protection service including fire chiefs and
22 assistant fire chiefs.
23 (3) The term "air pilot" includes any employee
24 whose official job description on file in the Department
25 of Central Management Services, or in the department by
26 which he is employed if that department is not covered by
27 the Personnel Code, states that his principal duty is the
28 operation of aircraft, and who possesses a pilot's
29 license; however, the change in this definition made by
30 this amendatory Act of 1983 shall not operate to exclude
31 any noncovered employee who was an "air pilot" for the
32 purposes of this Section on January 1, 1984.
33 (4) The term "special agent" means any person who
34 by reason of employment by the Division of Narcotic
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1 Control, the Bureau of Investigation or, after July 1,
2 1977, the Division of Criminal Investigation, the
3 Division of Internal Investigation or any other Division
4 or organizational entity in the Department of State
5 Police is vested by law with duties to maintain public
6 order, investigate violations of the criminal law of this
7 State, enforce the laws of this State, make arrests and
8 recover property. The term "special agent" includes any
9 title or position in the Department of State Police that
10 is held by an individual employed under the State Police
11 Act.
12 (5) The term "investigator for the Secretary of
13 State" means any person employed by the Office of the
14 Secretary of State and vested with such investigative
15 duties as render him ineligible for coverage under the
16 Social Security Act by reason of Sections 218(d)(5)(A),
17 218(d)(8)(D) and 218(l)(1) of that Act.
18 A person who became employed as an investigator for
19 the Secretary of State between January 1, 1967 and
20 December 31, 1975, and who has served as such until
21 attainment of age 60, either continuously or with a
22 single break in service of not more than 3 years
23 duration, which break terminated before January 1, 1976,
24 shall be entitled to have his retirement annuity
25 calculated in accordance with subsection (a),
26 notwithstanding that he has less than 20 years of credit
27 for such service.
28 (6) The term "Conservation Police Officer" means
29 any person employed by the Division of Law Enforcement of
30 the Department of Natural Resources and vested with such
31 law enforcement duties as render him ineligible for
32 coverage under the Social Security Act by reason of
33 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
34 that Act. The term "Conservation Police Officer"
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1 includes the positions of Chief Conservation Police
2 Administrator and Assistant Conservation Police
3 Administrator.
4 (7) The term "investigator for the Department of
5 Revenue" means any person employed by the Department of
6 Revenue and vested with such investigative duties as
7 render him ineligible for coverage under the Social
8 Security Act by reason of Sections 218(d)(5)(A),
9 218(d)(8)(D) and 218(l)(1) of that Act.
10 (8) The term "security employee of the Department
11 of Human Services" means any person employed by the
12 Department of Human Services who is employed at the
13 Chester Mental Health Center and has daily contact with
14 the residents thereof, or who is a mental health police
15 officer. "Mental health police officer" means any person
16 employed by the Department of Human Services in a
17 position pertaining to the Department's mental health and
18 developmental disabilities functions who is vested with
19 such law enforcement duties as render the person
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 (9) "Central Management Services security police
24 officer" means any person employed by the Department of
25 Central Management Services who is vested with such law
26 enforcement duties as render him ineligible for coverage
27 under the Social Security Act by reason of Sections
28 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
29 (10) The term "security employee of the Department
30 of Corrections" means any employee of the Department of
31 Corrections or the former Department of Personnel, and
32 any member or employee of the Prisoner Review Board, who
33 has daily contact with inmates by working within a
34 correctional facility or who is a parole officer or an
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1 employee who has direct contact with committed persons in
2 the performance of his or her job duties.
3 (11) The term "dangerous drugs investigator" means
4 any person who is employed as such by the Department of
5 Human Services.
6 (12) The term "investigator for the Department of
7 State Police" means a person employed by the Department
8 of State Police who is vested under Section 4 of the
9 Narcotic Control Division Abolition Act with such law
10 enforcement powers as render him ineligible for coverage
11 under the Social Security Act by reason of Sections
12 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
13 (13) "Investigator for the Office of the Attorney
14 General" means any person who is employed as such by the
15 Office of the Attorney General and is vested with such
16 investigative duties as render him ineligible for
17 coverage under the Social Security Act by reason of
18 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
19 Act. For the period before January 1, 1989, the term
20 includes all persons who were employed as investigators
21 by the Office of the Attorney General, without regard to
22 social security status.
23 (14) "Controlled substance inspector" means any
24 person who is employed as such by the Department of
25 Professional Regulation and is vested with such law
26 enforcement duties as render him ineligible for coverage
27 under the Social Security Act by reason of Sections
28 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
29 The term "controlled substance inspector" includes the
30 Program Executive of Enforcement and the Assistant
31 Program Executive of Enforcement.
32 (15) The term "investigator for the Office of the
33 State's Attorneys Appellate Prosecutor" means a person
34 employed in that capacity on a full time basis under the
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1 authority of Section 7.06 of the State's Attorneys
2 Appellate Prosecutor's Act.
3 (16) "Commerce Commission police officer" means any
4 person employed by the Illinois Commerce Commission who
5 is vested with such law enforcement duties as render him
6 ineligible for coverage under the Social Security Act by
7 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
8 218(l)(1) of that Act.
9 (d) A security employee of the Department of
10 Corrections, and a security employee of the Department of
11 Human Services who is not a mental health police officer,
12 shall not be eligible for the alternative retirement annuity
13 provided by this Section unless he or she meets the following
14 minimum age and service requirements at the time of
15 retirement:
16 (i) 25 years of eligible creditable service and age
17 55; or
18 (ii) beginning January 1, 1987, 25 years of
19 eligible creditable service and age 54, or 24 years of
20 eligible creditable service and age 55; or
21 (iii) beginning January 1, 1988, 25 years of
22 eligible creditable service and age 53, or 23 years of
23 eligible creditable service and age 55; or
24 (iv) beginning January 1, 1989, 25 years of
25 eligible creditable service and age 52, or 22 years of
26 eligible creditable service and age 55; or
27 (v) beginning January 1, 1990, 25 years of eligible
28 creditable service and age 51, or 21 years of eligible
29 creditable service and age 55; or
30 (vi) beginning January 1, 1991, 25 years of
31 eligible creditable service and age 50, or 20 years of
32 eligible creditable service and age 55.
33 Persons who have service credit under Article 16 of this
34 Code for service as a security employee of the Department of
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1 Corrections in a position requiring certification as a
2 teacher may count such service toward establishing their
3 eligibility under the service requirements of this Section;
4 but such service may be used only for establishing such
5 eligibility, and not for the purpose of increasing or
6 calculating any benefit.
7 (e) If a member enters military service while working in
8 a position in which eligible creditable service may be
9 earned, and returns to State service in the same or another
10 such position, and fulfills in all other respects the
11 conditions prescribed in this Article for credit for military
12 service, such military service shall be credited as eligible
13 creditable service for the purposes of the retirement annuity
14 prescribed in this Section.
15 (f) For purposes of calculating retirement annuities
16 under this Section, periods of service rendered after
17 December 31, 1968 and before October 1, 1975 as a covered
18 employee in the position of special agent, conservation
19 police officer, mental health police officer, or investigator
20 for the Secretary of State, shall be deemed to have been
21 service as a noncovered employee, provided that the employee
22 pays to the System prior to retirement an amount equal to (1)
23 the difference between the employee contributions that would
24 have been required for such service as a noncovered employee,
25 and the amount of employee contributions actually paid, plus
26 (2) if payment is made after July 31, 1987, regular interest
27 on the amount specified in item (1) from the date of service
28 to the date of payment.
29 For purposes of calculating retirement annuities under
30 this Section, periods of service rendered after December 31,
31 1968 and before January 1, 1982 as a covered employee in the
32 position of investigator for the Department of Revenue shall
33 be deemed to have been service as a noncovered employee,
34 provided that the employee pays to the System prior to
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1 retirement an amount equal to (1) the difference between the
2 employee contributions that would have been required for such
3 service as a noncovered employee, and the amount of employee
4 contributions actually paid, plus (2) if payment is made
5 after January 1, 1990, regular interest on the amount
6 specified in item (1) from the date of service to the date of
7 payment.
8 (g) A State policeman may elect, not later than January
9 1, 1990, to establish eligible creditable service for up to
10 10 years of his service as a policeman under Article 3, by
11 filing a written election with the Board, accompanied by
12 payment of an amount to be determined by the Board, equal to
13 (i) the difference between the amount of employee and
14 employer contributions transferred to the System under
15 Section 3-110.5, and the amounts that would have been
16 contributed had such contributions been made at the rates
17 applicable to State policemen, plus (ii) interest thereon at
18 the effective rate for each year, compounded annually, from
19 the date of service to the date of payment.
20 Subject to the limitation in subsection (i), a State
21 policeman may elect, not later than July 1, 1993, to
22 establish eligible creditable service for up to 10 years of
23 his service as a member of the County Police Department under
24 Article 9, by filing a written election with the Board,
25 accompanied by payment of an amount to be determined by the
26 Board, equal to (i) the difference between the amount of
27 employee and employer contributions transferred to the System
28 under Section 9-121.10 and the amounts that would have been
29 contributed had those contributions been made at the rates
30 applicable to State policemen, plus (ii) interest thereon at
31 the effective rate for each year, compounded annually, from
32 the date of service to the date of payment.
33 (h) Subject to the limitation in subsection (i), a State
34 policeman or investigator for the Secretary of State may
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1 elect to establish eligible creditable service for up to 12
2 years of his service as a policeman under Article 5, by
3 filing a written election with the Board on or before January
4 31, 1992, and paying to the System by January 31, 1994 an
5 amount to be determined by the Board, equal to (i) the
6 difference between the amount of employee and employer
7 contributions transferred to the System under Section 5-236,
8 and the amounts that would have been contributed had such
9 contributions been made at the rates applicable to State
10 policemen, plus (ii) interest thereon at the effective rate
11 for each year, compounded annually, from the date of service
12 to the date of payment.
13 Subject to the limitation in subsection (i), a State
14 policeman, conservation police officer, or investigator for
15 the Secretary of State may elect to establish eligible
16 creditable service for up to 10 years of service as a
17 sheriff's law enforcement employee under Article 7, by filing
18 a written election with the Board on or before January 31,
19 1993, and paying to the System by January 31, 1994 an amount
20 to be determined by the Board, equal to (i) the difference
21 between the amount of employee and employer contributions
22 transferred to the System under Section 7-139.7, and the
23 amounts that would have been contributed had such
24 contributions been made at the rates applicable to State
25 policemen, plus (ii) interest thereon at the effective rate
26 for each year, compounded annually, from the date of service
27 to the date of payment.
28 (i) The total amount of eligible creditable service
29 established by any person under subsections (g), (h), and
30 (j), and (k) of this Section shall not exceed 12 years.
31 (j) Subject to the limitation in subsection (i), an
32 investigator for the Office of the State's Attorneys
33 Appellate Prosecutor or a controlled substance inspector may
34 elect to establish eligible creditable service for up to 10
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1 years of his service as a policeman under Article 3 or a
2 sheriff's law enforcement employee under Article 7, by filing
3 a written election with the Board, accompanied by payment of
4 an amount to be determined by the Board, equal to (1) the
5 difference between the amount of employee and employer
6 contributions transferred to the System under Section 3-110.6
7 or 7-139.8, and the amounts that would have been contributed
8 had such contributions been made at the rates applicable to
9 State policemen, plus (2) interest thereon at the effective
10 rate for each year, compounded annually, from the date of
11 service to the date of payment.
12 (k) Subject to the limitation in subsection (i) of this
13 Section, a controlled substance inspector may elect, no later
14 than March 31, 1998, to establish eligible creditable service
15 for periods spent as a full time law enforcement officer
16 employed by the federal government or by a state, county, or
17 local government, for which credit is not held in any other
18 public employee pension fund or retirement system, by filing
19 a written election with the Board, accompanied by evidence of
20 eligibility acceptable to the Board, and payment of an amount
21 to be determined by the Board, equal to (i) the amount of
22 employee and employer contributions that would have been
23 contributed had those contributions been made during the
24 period for which credit is sought, based on the rates then
25 applicable and the salary received by the applicant upon
26 first entering service as a controlled substance inspector
27 after the period for which credit is sought, plus (ii)
28 interest thereon at the effective rate for each year,
29 compounded annually, from the date of service to the date of
30 payment.
31 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
32 89-507, eff. 7-1-97.)
33 Section 95. No acceleration or delay. Where this Act
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1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.