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90_HB0804
40 ILCS 5/3-110.6 from Ch. 108 1/2, par. 3-110.6
40 ILCS 5/5-236 from Ch. 108 1/2, par. 5-236
40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8
40 ILCS 5/9-121.10 from Ch. 108 1/2, par. 9-121.10
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the Illinois Pension Code to allow investigators
for the Office of the Attorney General to transfer credits
for up to 12 years of prior service as a police officer,
sheriff's law enforcement employee, or municipal conservator
of the peace from certain other pension funds; requires
payment of the difference in employee and employer
contributions, but no interest if payment is made by July 1,
1998. Also allows those investigators to convert their
pre-1989 service in that capacity from covered (by social
security) to noncovered status; requires payment of the
difference in employee contributions plus interest.
Effective immediately.
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LRB9003037EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 3-110.6, 5-236, 7-139.8, 9-121.10, and 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 Sections 3-110.6, 5-236, 7-139.8, 9-121.10, and
7 14-110 as follows:
8 (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
9 Sec. 3-110.6. Transfer to Article 14 System.
10 (a) Any active member of the State Employees' Retirement
11 System who is an investigator for the Office of the State's
12 Attorneys Appellate Prosecutor or an investigator for the
13 Office of the Attorney General may apply for transfer of
14 some or all of his or her creditable service accumulated in
15 any police pension fund under this Article to the State
16 Employees' Retirement System in accordance with Section
17 14-110. The creditable service shall be transferred only
18 upon payment by the police pension fund to the State
19 Employees' Retirement System of an amount equal to:
20 (1) the amounts accumulated to the credit of the
21 applicant for the service to be transferred on the books
22 of the fund on the date of transfer; and
23 (2) employer contributions in an amount equal to
24 the amount determined under subparagraph (1); and
25 (3) any interest paid by the applicant in order to
26 reinstate that service.
27 Participation in the police pension fund with respect to the
28 credits transferred shall terminate on the date of transfer.
29 (b) Any such investigator may reinstate service which
30 was terminated by receipt of a refund, by paying to the
31 police pension fund the amount of the refund with interest
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1 thereon at the rate of 6% per year, compounded annually, from
2 the date of refund to the date of payment.
3 (Source: P.A. 87-1265.)
4 (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
5 Sec. 5-236. Transfer to Article 14.
6 (a) Until January 31, 1994, any active member of the
7 State Employees' Retirement System who is a State policeman
8 or investigator for the Secretary of State may apply for
9 transfer of his creditable service accumulated under this
10 Article to the State Employees' Retirement System. At the
11 time of the transfer the Fund shall pay to the State
12 Employees' Retirement System an amount equal to:
13 (1) the amounts accumulated to the credit of the
14 applicant on the books of the Fund on the date of
15 transfer; and
16 (2) the corresponding municipality credits,
17 including interest, on the books of the Fund on the date
18 of transfer; and
19 (3) any interest paid by the applicant in order to
20 reinstate service.
21 Participation in this Fund shall terminate on the date of
22 transfer.
23 (b) Until January 31, 1994, any such State policeman or
24 investigator for the Secretary of State may reinstate service
25 that was terminated by receipt of a refund, by paying to the
26 Fund the amount of the refund with interest thereon at the
27 rate of 6% per year, compounded annually, from the date of
28 refund to the date of payment.
29 (c) Within 30 days after the effective date of this
30 amendatory Act of 1993, any active member of the State
31 Employees' Retirement System who was earning eligible
32 creditable service under subdivision (b)(12) of Section
33 14-110 on January 1, 1992 and who has at least 17 years of
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1 creditable service under this Article may apply for transfer
2 of his creditable service accumulated under this Article to
3 the State Employees' Retirement System. At the time of the
4 transfer the Fund shall pay to the State Employees'
5 Retirement System an amount equal to:
6 (1) the amounts accumulated to the credit of the
7 applicant on the books of the Fund on the date of
8 transfer; and
9 (2) the corresponding municipality credits,
10 including interest, on the books of the Fund on the date
11 of transfer.
12 Participation in this Fund shall terminate on the date of
13 transfer.
14 (d) Any active member of the State Employees' Retirement
15 System who is an investigator for the Office of the Attorney
16 General may apply for transfer of all or part of his or her
17 creditable service accumulated under this Article to the
18 State Employees' Retirement System in accordance with Section
19 14-110. At the time of the transfer the Fund shall pay to
20 the State Employees' Retirement System an amount equal to:
21 (1) the amounts accumulated to the credit of the
22 applicant for the service to be transferred on the books
23 of the Fund on the date of transfer; and
24 (2) the corresponding municipality credits,
25 including interest, on the books of the Fund on the date
26 of transfer; and
27 (3) any interest paid by the applicant in order to
28 reinstate that service credit.
29 Participation in this Fund with respect to the credits
30 transferred shall terminate on the date of transfer.
31 (e) Any such investigator for the Office of the Attorney
32 General may reinstate service that was terminated by receipt
33 of a refund, by paying to the Fund the amount of the refund
34 plus interest at the rate of 6% per year, compounded
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1 annually, from the date of the refund to the date of payment.
2 (Source: P.A. 86-1488; 87-1265.)
3 (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
4 Sec. 7-139.8. Transfer to Article 14 System.
5 (a) Any active member of the State Employees' Retirement
6 System who is an investigator for the Office of the State's
7 Attorneys Appellate Prosecutor or an investigator for the
8 Office of the Attorney General may apply for transfer of some
9 or all of his or her credits and creditable service
10 accumulated in this Fund for service as a sheriff's law
11 enforcement employee or service as a municipal conservator of
12 the peace certified under the Police Training Act, to the
13 State Employees' Retirement System in accordance with Section
14 14-110. The creditable service shall be transferred only
15 upon payment by this Fund to the State Employees' Retirement
16 System of an amount equal to:
17 (1) the amounts accumulated to the credit of the
18 applicant for the service to be transferred as a
19 sheriff's law enforcement employee, including interest;
20 and
21 (2) municipality credits based on such service,
22 including interest; and
23 (3) any interest paid by the applicant to reinstate
24 such service.
25 Participation in this Fund as to any credits transferred
26 under this Section shall terminate on the date of transfer.
27 (b) Any such investigator may reinstate credits and
28 creditable service terminated upon receipt of a separation
29 benefit, by paying to the Fund the amount of the separation
30 benefit plus interest thereon at the rate of 6% per year to
31 the date of payment.
32 (Source: P.A. 87-1265.)
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1 (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
2 Sec. 9-121.10. Transfer to Article 14.
3 (a) Until July 1, 1993, any active member of the State
4 Employees' Retirement System who is a State policeman may
5 apply for transfer of some or all of his creditable service
6 as a member of the County Police Department accumulated under
7 this Article to the State Employees' Retirement System. At
8 the time of the transfer the Fund shall pay to the State
9 Employees' Retirement System an amount equal to:
10 (1) the amounts accumulated to the credit of the
11 applicant on the books of the Fund on the date of
12 transfer for the service to be transferred; and
13 (2) the corresponding municipality credits,
14 including interest, on the books of the Fund on the date
15 of transfer; and
16 (3) any interest paid by the applicant in order to
17 reinstate such service.
18 Participation in this Fund with respect to the credits
19 transferred shall terminate on the date of transfer.
20 (b) Until July 1, 1993, any such State policeman may
21 reinstate credit for service as a member of the County Police
22 Department that was terminated by receipt of a refund, by
23 paying to the Fund the amount of the refund with interest
24 thereon at the rate of 6% per year, compounded annually, from
25 the date of refund to the date of payment.
26 (c) Any active member of the State Employees' Retirement
27 System who is an investigator for the Office of the Attorney
28 General may apply for transfer of some or all of his or her
29 creditable service as a member of the County Police
30 Department accumulated under this Article to the State
31 Employees' Retirement System in accordance with Section
32 14-110. At the time of the transfer the Fund shall pay to
33 the State Employees' Retirement System an amount equal to:
34 (1) the amounts accumulated to the credit of the
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1 applicant for the service to be transferred on the books
2 of the Fund on the date of transfer; and
3 (2) the corresponding municipality credits,
4 including interest, on the books of the Fund on the date
5 of transfer; and
6 (3) any interest paid by the applicant in order to
7 reinstate such service.
8 Participation in this Fund with respect to the credits
9 transferred shall terminate on the date of transfer.
10 (d) Any such investigator for the Office of the Attorney
11 General may may reinstate credit for service as a member of
12 the County Police Department that was terminated by receipt
13 of a refund, by paying to the Fund the amount of the refund
14 plus interest at the rate of 6% per year, compounded
15 annually, from the date of the refund to the date of payment.
16 (Source: P.A. 87-1265.)
17 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
18 (Text of Section before amendment by P.A. 89-507)
19 Sec. 14-110. Alternative retirement annuity.
20 (a) Any member who has withdrawn from service with not
21 less than 20 years of eligible creditable service and has
22 attained age 55, and any member who has withdrawn from
23 service with not less than 25 years of eligible creditable
24 service and has attained age 50, regardless of whether the
25 attainment of either of the specified ages occurs while the
26 member is still in service, shall be entitled to receive at
27 the option of the member, in lieu of the regular or minimum
28 retirement annuity, a retirement annuity computed as
29 follows:
30 (i) for periods of service as a noncovered
31 employee, 2 1/4% of final average compensation for each
32 of the first 10 years of creditable service, 2 1/2% for
33 each year above 10 years to and including 20 years of
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1 creditable service, and 2 3/4% for each year of
2 creditable service above 20 years; and
3 (ii) for periods of eligible creditable service as
4 a covered employee, 1.67% of final average compensation
5 for each of the first 10 years of such service, 1.90% for
6 each of the next 10 years of such service, 2.10% for each
7 year of such service in excess of 20 but not exceeding
8 30, and 2.30% for each year in excess of 30.
9 Such annuity shall be subject to a maximum of 75% of
10 final average compensation. These rates shall not be
11 applicable to any service performed by a member as a covered
12 employee which is not eligible creditable service. Service
13 as a covered employee which is not eligible creditable
14 service shall be subject to the rates and provisions of
15 Section 14-108.
16 (b) For the purpose of this Section, "eligible
17 creditable service" means creditable service resulting from
18 service in one or more of the following positions:
19 (1) State policeman;
20 (2) fire fighter in the fire protection service of
21 a department;
22 (3) air pilot;
23 (4) special agent;
24 (5) investigator for the Secretary of State;
25 (6) conservation police officer;
26 (7) investigator for the Department of Revenue;
27 (8) security employee of the Department of Mental
28 Health and Developmental Disabilities;
29 (9) Central Management Services security police
30 officer;
31 (10) security employee of the Department of
32 Corrections;
33 (11) dangerous drugs investigator;
34 (12) investigator for the Department of State
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1 Police;
2 (13) investigator for the Office of the Attorney
3 General;
4 (14) controlled substance inspector;
5 (15) investigator for the Office of the State's
6 Attorneys Appellate Prosecutor;
7 (16) Commerce Commission police officer.
8 A person employed in one of the positions specified in
9 this subsection is entitled to eligible creditable service
10 for service credit earned under this Article while undergoing
11 the basic police training course approved by the Illinois
12 Local Governmental Law Enforcement Officers Training Board,
13 if completion of that training is required of persons serving
14 in that position. For the purposes of this Code, service
15 during the required basic police training course shall be
16 deemed performance of the duties of the specified position,
17 even though the person is not a sworn peace officer at the
18 time of the training.
19 (c) For the purposes of this Section:
20 (1) The term "state policeman" includes any title
21 or position in the Department of State Police that is
22 held by an individual employed under the State Police
23 Act.
24 (2) The term "fire fighter in the fire protection
25 service of a department" includes all officers in such
26 fire protection service including fire chiefs and
27 assistant fire chiefs.
28 (3) The term "air pilot" includes any employee
29 whose official job description on file in the Department
30 of Central Management Services, or in the department by
31 which he is employed if that department is not covered by
32 the Personnel Code, states that his principal duty is the
33 operation of aircraft, and who possesses a pilot's
34 license; however, the change in this definition made by
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1 this amendatory Act of 1983 shall not operate to exclude
2 any noncovered employee who was an "air pilot" for the
3 purposes of this Section on January 1, 1984.
4 (4) The term "special agent" means any person who
5 by reason of employment by the Division of Narcotic
6 Control, the Bureau of Investigation or, after July 1,
7 1977, the Division of Criminal Investigation, the
8 Division of Internal Investigation or any other Division
9 or organizational entity in the Department of State
10 Police is vested by law with duties to maintain public
11 order, investigate violations of the criminal law of this
12 State, enforce the laws of this State, make arrests and
13 recover property. The term "special agent" includes any
14 title or position in the Department of State Police that
15 is held by an individual employed under the State Police
16 Act.
17 (5) The term "investigator for the Secretary of
18 State" means any person employed by the Office of the
19 Secretary of State and vested with such investigative
20 duties as render him ineligible for coverage under the
21 Social Security Act by reason of Sections 218(d)(5)(A),
22 218(d)(8)(D) and 218(l)(1) of that Act.
23 A person who became employed as an investigator for
24 the Secretary of State between January 1, 1967 and
25 December 31, 1975, and who has served as such until
26 attainment of age 60, either continuously or with a
27 single break in service of not more than 3 years
28 duration, which break terminated before January 1, 1976,
29 shall be entitled to have his retirement annuity
30 calculated in accordance with subsection (a),
31 notwithstanding that he has less than 20 years of credit
32 for such service.
33 (6) The term "Conservation Police Officer" means
34 any person employed by the Division of Law Enforcement of
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1 the Department of Natural Resources and vested with such
2 law enforcement duties as render him ineligible for
3 coverage under the Social Security Act by reason of
4 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
5 that Act. The term "Conservation Police Officer"
6 includes the positions of Chief Conservation Police
7 Administrator and Assistant Conservation Police
8 Administrator.
9 (7) The term "investigator for the Department of
10 Revenue" means any person employed by the Department of
11 Revenue and vested with such investigative duties as
12 render him ineligible for coverage under the Social
13 Security Act by reason of Sections 218(d)(5)(A),
14 218(d)(8)(D) and 218(l)(1) of that Act.
15 (8) The term "security employee of the Department
16 of Mental Health and Developmental Disabilities" means
17 any person employed by the Department of Mental Health
18 and Developmental Disabilities who is employed at the
19 Chester Mental Health Center and has daily contact with
20 the residents thereof, or who is a mental health police
21 officer. "Mental health police officer" means any person
22 employed by the Department of Mental Health and
23 Developmental Disabilities who is vested with such law
24 enforcement duties as render him ineligible for coverage
25 under the Social Security Act by reason of Sections
26 218(d)(5)(A), 218(d)(8)(D) and 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 Alcoholism and Substance Abuse.
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 (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 For purposes of calculating retirement annuities under
13 this Section, periods of service rendered after December 31,
14 1968 and before January 1, 1989 as a covered employee in the
15 position of investigator for the Office of Attorney General
16 shall be deemed to have been service as a noncovered
17 employee, provided that the employee pays to the System prior
18 to retirement an amount equal to (1) the difference between
19 the employee contributions that would have been required for
20 such service as a noncovered employee and the amount of
21 employee contributions actually paid, plus (2) if payment is
22 made after July 1, 1998, regular interest on the amount
23 specified in item (1) from the date of service to the date of
24 payment.
25 (g) A State policeman may elect, not later than January
26 1, 1990, to establish eligible creditable service for up to
27 10 years of his service as a policeman under Article 3, by
28 filing a written election with the Board, accompanied by
29 payment of an amount to be determined by the Board, equal to
30 (i) the difference between the amount of employee and
31 employer contributions transferred to the System under
32 Section 3-110.5, and the amounts that would have been
33 contributed had such 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 Subject to the limitation in subsection (i), a State
4 policeman may elect, not later than July 1, 1993, to
5 establish eligible creditable service for up to 10 years of
6 his service as a member of the County Police Department under
7 Article 9, by filing a written election with the Board,
8 accompanied by payment of an amount to be determined by the
9 Board, equal to (i) the difference between the amount of
10 employee and employer contributions transferred to the System
11 under Section 9-121.10 and the amounts that would have been
12 contributed had those contributions been made at the rates
13 applicable to State policemen, plus (ii) interest thereon at
14 the effective rate for each year, compounded annually, from
15 the date of service to the date of payment.
16 (h) Subject to the limitation in subsection (i), a State
17 policeman or investigator for the Secretary of State may
18 elect to establish eligible creditable service for up to 12
19 years of his service as a policeman under Article 5, by
20 filing a written election with the Board on or before January
21 31, 1992, and paying to the System by January 31, 1994 an
22 amount to be determined by the Board, equal to (i) the
23 difference between the amount of employee and employer
24 contributions transferred to the System under Section 5-236,
25 and the amounts that would have been contributed had such
26 contributions been made at the rates applicable to State
27 policemen, plus (ii) interest thereon at the effective rate
28 for each year, compounded annually, from the date of service
29 to the date of payment.
30 Subject to the limitation in subsection (i), a State
31 policeman, conservation police officer, or investigator for
32 the Secretary of State may elect to establish eligible
33 creditable service for up to 10 years of service as a
34 sheriff's law enforcement employee under Article 7, by filing
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1 a written election with the Board on or before January 31,
2 1993, and paying to the System by January 31, 1994 an amount
3 to be determined by the Board, equal to (i) the difference
4 between the amount of employee and employer contributions
5 transferred to the System under Section 7-139.7, and the
6 amounts that would have been contributed had such
7 contributions been made at the rates applicable to State
8 policemen, plus (ii) interest thereon at the effective rate
9 for each year, compounded annually, from the date of service
10 to the date of payment.
11 (i) The total amount of eligible creditable service
12 established by any person under subsections (g), (h), and
13 (j), and (k) of this Section shall not exceed 12 years.
14 (j) Subject to the limitation in subsection (i), an
15 investigator for the Office of the State's Attorneys
16 Appellate Prosecutor may elect to establish eligible
17 creditable service for up to 10 years of his service as a
18 policeman under Article 3 or a sheriff's law enforcement
19 employee under Article 7, by filing a written election with
20 the Board, accompanied by payment of an amount to be
21 determined by the Board, equal to (1) the difference between
22 the amount of employee and employer contributions transferred
23 to the System under Section 3-110.6 or 7-139.8, and the
24 amounts that would have been contributed had such
25 contributions been made at the rates applicable to State
26 policemen, plus (2) interest thereon at the effective rate
27 for each year, compounded annually, from the date of service
28 to the date of payment.
29 (k) Subject to the limitation in subsection (i), an
30 investigator for the Office of the Attorney General may elect
31 to establish eligible creditable service for up to 12 years
32 of service as a policeman under Article 3 or 5, as a
33 sheriff's law enforcement employee or municipal conservator
34 of the peace under Article 7, or as a member of the County
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1 Police Department under Article 9, by filing a written
2 election with the Board, accompanied by payment of an amount
3 to be determined by the Board, equal to (1) the difference
4 between the amount of employee and employer contributions
5 transferred to the System under Section 3-110.6, 5-236,
6 7-139.8, or 9-121.10 and the amounts that would have been
7 contributed had those contributions been made at the rates
8 applicable to State policemen, plus (2) interest thereon at
9 the effective rate for each year, compounded annually, from
10 the date of service 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
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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.
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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 Human Services" means any person employed by the
10 Department of Human Services who is employed at the
11 Chester Mental Health Center and has daily contact with
12 the residents thereof, or who is a mental health police
13 officer. "Mental health police officer" means any person
14 employed by the Department of Human Services in a
15 position pertaining to the Department's mental health and
16 developmental disabilities functions who is vested with
17 such law enforcement duties as render the person
18 ineligible for coverage under the Social Security Act by
19 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
20 218(l)(1) of that Act.
21 (9) "Central Management Services security police
22 officer" means any person employed by the Department of
23 Central Management Services who is vested with such law
24 enforcement duties as render him ineligible for coverage
25 under the Social Security Act by reason of Sections
26 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
27 (10) The term "security employee of the Department
28 of Corrections" means any employee of the Department of
29 Corrections or the former Department of Personnel, and
30 any member or employee of the Prisoner Review Board, who
31 has daily contact with inmates by working within a
32 correctional facility or who is a parole officer or an
33 employee who has direct contact with committed persons in
34 the performance of his or her job duties.
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1 (11) The term "dangerous drugs investigator" means
2 any person who is employed as such by the Department of
3 Human Services.
4 (12) The term "investigator for the Department of
5 State Police" means a person employed by the Department
6 of State Police who is vested under Section 4 of the
7 Narcotic Control Division Abolition Act with such law
8 enforcement powers 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 (13) "Investigator for the Office of the Attorney
12 General" means any person who is employed as such by the
13 Office of the Attorney General and is vested with such
14 investigative 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 that
17 Act. For the period before January 1, 1989, the term
18 includes all persons who were employed as investigators
19 by the Office of the Attorney General, without regard to
20 social security status.
21 (14) "Controlled substance inspector" means any
22 person who is employed as such by the Department of
23 Professional Regulation and is vested with such law
24 enforcement duties as render him ineligible for coverage
25 under the Social Security Act by reason of Sections
26 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
27 The term "controlled substance inspector" includes the
28 Program Executive of Enforcement and the Assistant
29 Program Executive of Enforcement.
30 (15) The term "investigator for the Office of the
31 State's Attorneys Appellate Prosecutor" means a person
32 employed in that capacity on a full time basis under the
33 authority of Section 7.06 of the State's Attorneys
34 Appellate Prosecutor's Act.
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1 (16) "Commerce Commission police officer" means any
2 person employed by the Illinois Commerce Commission who
3 is vested with such law enforcement duties as render him
4 ineligible for coverage under the Social Security Act by
5 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
6 218(l)(1) of that Act.
7 (d) A security employee of the Department of
8 Corrections, and a security employee of the Department of
9 Human Services who is not a mental health police officer,
10 shall not be eligible for the alternative retirement annuity
11 provided by this Section unless he or she meets the following
12 minimum age and service requirements at the time of
13 retirement:
14 (i) 25 years of eligible creditable service and age
15 55; or
16 (ii) beginning January 1, 1987, 25 years of
17 eligible creditable service and age 54, or 24 years of
18 eligible creditable service and age 55; or
19 (iii) beginning January 1, 1988, 25 years of
20 eligible creditable service and age 53, or 23 years of
21 eligible creditable service and age 55; or
22 (iv) beginning January 1, 1989, 25 years of
23 eligible creditable service and age 52, or 22 years of
24 eligible creditable service and age 55; or
25 (v) beginning January 1, 1990, 25 years of eligible
26 creditable service and age 51, or 21 years of eligible
27 creditable service and age 55; or
28 (vi) beginning January 1, 1991, 25 years of
29 eligible creditable service and age 50, or 20 years of
30 eligible creditable service and age 55.
31 Persons who have service credit under Article 16 of this
32 Code for service as a security employee of the Department of
33 Corrections in a position requiring certification as a
34 teacher may count such service toward establishing their
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1 eligibility under the service requirements of this Section;
2 but such service may be used only for establishing such
3 eligibility, and not for the purpose of increasing or
4 calculating any benefit.
5 (e) If a member enters military service while working in
6 a position in which eligible creditable service may be
7 earned, and returns to State service in the same or another
8 such position, and fulfills in all other respects the
9 conditions prescribed in this Article for credit for military
10 service, such military service shall be credited as eligible
11 creditable service for the purposes of the retirement annuity
12 prescribed in this Section.
13 (f) For purposes of calculating retirement annuities
14 under this Section, periods of service rendered after
15 December 31, 1968 and before October 1, 1975 as a covered
16 employee in the position of special agent, conservation
17 police officer, mental health police officer, or investigator
18 for the Secretary of State, shall be deemed to have been
19 service as a noncovered employee, provided that the employee
20 pays to the System prior to retirement an amount equal to (1)
21 the difference between the employee contributions that would
22 have been required for such service as a noncovered employee,
23 and the amount of employee contributions actually paid, plus
24 (2) if payment is made after July 31, 1987, regular interest
25 on the amount specified in item (1) from the date of service
26 to the date of payment.
27 For purposes of calculating retirement annuities under
28 this Section, periods of service rendered after December 31,
29 1968 and before January 1, 1982 as a covered employee in the
30 position of investigator for the Department of Revenue shall
31 be deemed to have been service as a noncovered employee,
32 provided that the employee pays to the System prior to
33 retirement an amount equal to (1) the difference between the
34 employee contributions that would have been required for such
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1 service as a noncovered employee, and the amount of employee
2 contributions actually paid, plus (2) if payment is made
3 after January 1, 1990, regular interest on the amount
4 specified in item (1) from the date of service to the date of
5 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, 1989 as a covered employee in the
9 position of investigator for the Office of Attorney General
10 shall be deemed to have been service as a noncovered
11 employee, provided that the employee pays to the System prior
12 to retirement an amount equal to (1) the difference between
13 the employee contributions that would have been required for
14 such service as a noncovered employee and the amount of
15 employee contributions actually paid, plus (2) if payment is
16 made after July 1, 1998, 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
7 (j), and (k) 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 (k) Subject to the limitation in subsection (i), an
24 investigator for the Office of the Attorney General may elect
25 to establish eligible creditable service for up to 12 years
26 of service as a policeman under Article 3 or 5, as a
27 sheriff's law enforcement employee or municipal conservator
28 of the peace under Article 7, or as a member of the County
29 Police Department under Article 9, by filing a written
30 election with the Board, accompanied by payment of an amount
31 to be determined by the Board, equal to (1) the difference
32 between the amount of employee and employer contributions
33 transferred to the System under Section 3-110.6, 5-236,
34 7-139.8, or 9-121.10 and the amounts that would have been
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1 contributed had those contributions been made at the rates
2 applicable to State policemen, plus (2) interest thereon at
3 the effective rate for each year, compounded annually, from
4 the date of service to the date of payment.
5 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
6 89-507, eff. 7-1-97.)
7 Section 95. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.