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90_HB1611
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the State Employee Article of the Pension Code to
provide the alternative (State Police) formula for arson
investigators employed by the Office of the State Fire
Marshal. Effective immediately.
LRB9002651EGfg
LRB9002651EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 14-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 14-110 as follows:
7 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 14-110. Alternative retirement annuity.
10 (a) Any member who has withdrawn from service with not
11 less than 20 years of eligible creditable service and has
12 attained age 55, and any member who has withdrawn from
13 service with not less than 25 years of eligible creditable
14 service and has attained age 50, regardless of whether the
15 attainment of either of the specified ages occurs while the
16 member is still in service, shall be entitled to receive at
17 the option of the member, in lieu of the regular or minimum
18 retirement annuity, a retirement annuity computed as
19 follows:
20 (i) for periods of service as a noncovered
21 employee, 2 1/4% of final average compensation for each
22 of the first 10 years of creditable service, 2 1/2% for
23 each year above 10 years to and including 20 years of
24 creditable service, and 2 3/4% for each year of
25 creditable service above 20 years; and
26 (ii) for periods of eligible creditable service as
27 a covered employee, 1.67% of final average compensation
28 for each of the first 10 years of such service, 1.90% for
29 each of the next 10 years of such service, 2.10% for each
30 year of such service in excess of 20 but not exceeding
31 30, and 2.30% for each year in excess of 30.
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1 Such annuity shall be subject to a maximum of 75% of
2 final average compensation. These rates shall not be
3 applicable to any service performed by a member as a covered
4 employee which is not eligible creditable service. Service
5 as a covered employee which is not eligible creditable
6 service shall be subject to the rates and provisions of
7 Section 14-108.
8 (b) For the purpose of this Section, "eligible
9 creditable service" means creditable service resulting from
10 service in one or more of the following positions:
11 (1) State policeman;
12 (2) fire fighter in the fire protection service of
13 a department;
14 (3) air pilot;
15 (4) special agent;
16 (5) investigator for the Secretary of State;
17 (6) conservation police officer;
18 (7) investigator for the Department of Revenue;
19 (8) security employee of the Department of Mental
20 Health and Developmental Disabilities;
21 (9) Central Management Services security police
22 officer;
23 (10) security employee of the Department of
24 Corrections;
25 (11) dangerous drugs investigator;
26 (12) investigator for the Department of State
27 Police;
28 (13) investigator for the Office of the Attorney
29 General;
30 (14) controlled substance inspector;
31 (15) investigator for the Office of the State's
32 Attorneys Appellate Prosecutor;
33 (16) Commerce Commission police officer;
34 (17) arson investigator.
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1 A person employed in one of the positions specified in
2 this subsection is entitled to eligible creditable service
3 for service credit earned under this Article while undergoing
4 the basic police training course approved by the Illinois
5 Local Governmental Law Enforcement Officers Training Board,
6 if completion of that training is required of persons serving
7 in that position. For the purposes of this Code, service
8 during the required basic police training course shall be
9 deemed performance of the duties of the specified position,
10 even though the person is not a sworn peace officer at the
11 time of the training.
12 (c) For the purposes of this Section:
13 (1) The term "state policeman" includes any title
14 or position in the Department of State Police that is
15 held by an individual employed under the State Police
16 Act.
17 (2) The term "fire fighter in the fire protection
18 service of a department" includes all officers in such
19 fire protection service including fire chiefs and
20 assistant fire chiefs.
21 (3) The term "air pilot" includes any employee
22 whose official job description on file in the Department
23 of Central Management Services, or in the department by
24 which he is employed if that department is not covered by
25 the Personnel Code, states that his principal duty is the
26 operation of aircraft, and who possesses a pilot's
27 license; however, the change in this definition made by
28 this amendatory Act of 1983 shall not operate to exclude
29 any noncovered employee who was an "air pilot" for the
30 purposes of this Section on January 1, 1984.
31 (4) The term "special agent" means any person who
32 by reason of employment by the Division of Narcotic
33 Control, the Bureau of Investigation or, after July 1,
34 1977, the Division of Criminal Investigation, the
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1 Division of Internal Investigation or any other Division
2 or organizational entity in the Department of State
3 Police is vested by law with duties to maintain public
4 order, investigate violations of the criminal law of this
5 State, enforce the laws of this State, make arrests and
6 recover property. The term "special agent" includes any
7 title or position in the Department of State Police that
8 is held by an individual employed under the State Police
9 Act.
10 (5) The term "investigator for the Secretary of
11 State" means any person employed by the Office of the
12 Secretary of State and vested with such investigative
13 duties as render him ineligible for coverage under the
14 Social Security Act by reason of Sections 218(d)(5)(A),
15 218(d)(8)(D) and 218(l)(1) of that Act.
16 A person who became employed as an investigator for
17 the Secretary of State between January 1, 1967 and
18 December 31, 1975, and who has served as such until
19 attainment of age 60, either continuously or with a
20 single break in service of not more than 3 years
21 duration, which break terminated before January 1, 1976,
22 shall be entitled to have his retirement annuity
23 calculated in accordance with subsection (a),
24 notwithstanding that he has less than 20 years of credit
25 for such service.
26 (6) The term "Conservation Police Officer" means
27 any person employed by the Division of Law Enforcement of
28 the Department of Natural Resources and vested with such
29 law enforcement duties as render him ineligible for
30 coverage under the Social Security Act by reason of
31 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
32 that Act. The term "Conservation Police Officer"
33 includes the positions of Chief Conservation Police
34 Administrator and Assistant Conservation Police
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1 Administrator.
2 (7) The term "investigator for the Department of
3 Revenue" means any person employed by the Department of
4 Revenue and vested with such investigative duties as
5 render him ineligible for coverage under the Social
6 Security Act by reason of Sections 218(d)(5)(A),
7 218(d)(8)(D) and 218(l)(1) of that Act.
8 (8) The term "security employee of the Department
9 of Mental Health and Developmental Disabilities" means
10 any person employed by the Department of Mental Health
11 and Developmental Disabilities who is employed at the
12 Chester Mental Health Center and has daily contact with
13 the residents thereof, or who is a mental health police
14 officer. "Mental health police officer" means any person
15 employed by the Department of Mental Health and
16 Developmental Disabilities who is vested with such law
17 enforcement duties as render him ineligible for coverage
18 under the Social Security Act by reason of Sections
19 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
20 (9) "Central Management Services security police
21 officer" means any person employed by the Department of
22 Central Management Services who is vested with such law
23 enforcement duties as render him ineligible for coverage
24 under the Social Security Act by reason of Sections
25 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
26 (10) The term "security employee of the Department
27 of Corrections" means any employee of the Department of
28 Corrections or the former Department of Personnel, and
29 any member or employee of the Prisoner Review Board, who
30 has daily contact with inmates by working within a
31 correctional facility or who is a parole officer or an
32 employee who has direct contact with committed persons in
33 the performance of his or her job duties.
34 (11) The term "dangerous drugs investigator" means
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1 any person who is employed as such by the Department of
2 Alcoholism and Substance Abuse.
3 (12) The term "investigator for the Department of
4 State Police" means a person employed by the Department
5 of State Police who is vested under Section 4 of the
6 Narcotic Control Division Abolition Act with such law
7 enforcement powers as render him ineligible for coverage
8 under the Social Security Act by reason of Sections
9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
10 (13) "Investigator for the Office of the Attorney
11 General" means any person who is employed as such by the
12 Office of the Attorney General and is vested with such
13 investigative duties as render him ineligible for
14 coverage under the Social Security Act by reason of
15 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
16 Act. For the period before January 1, 1989, the term
17 includes all persons who were employed as investigators
18 by the Office of the Attorney General, without regard to
19 social security status.
20 (14) "Controlled substance inspector" means any
21 person who is employed as such by the Department of
22 Professional Regulation and is vested with such law
23 enforcement duties as render him ineligible for coverage
24 under the Social Security Act by reason of Sections
25 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
26 The term "controlled substance inspector" includes the
27 Program Executive of Enforcement and the Assistant
28 Program Executive of Enforcement.
29 (15) The term "investigator for the Office of the
30 State's Attorneys Appellate Prosecutor" means a person
31 employed in that capacity on a full time basis under the
32 authority of Section 7.06 of the State's Attorneys
33 Appellate Prosecutor's Act.
34 (16) "Commerce Commission police officer" means any
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1 person employed by the Illinois Commerce Commission who
2 is vested with such law enforcement duties as render him
3 ineligible for coverage under the Social Security Act by
4 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
5 218(l)(1) of that Act.
6 (17) "Arson investigator" means any person who is
7 employed as such by the Office of the State Fire Marshal
8 and is vested with such law enforcement duties as render
9 the person ineligible for coverage under the Social
10 Security Act by reason of Sections 218(d)(5)(A),
11 218(d)(8)(D), and 218(l)(1) of that Act.
12 (d) A security employee of the Department of
13 Corrections, and a security employee of the Department of
14 Mental Health and Developmental Disabilities who is not a
15 mental health police officer, shall not be eligible for the
16 alternative retirement annuity provided by this Section
17 unless he or she meets the following minimum age and service
18 requirements at the time of retirement:
19 (i) 25 years of eligible creditable service and age
20 55; or
21 (ii) beginning January 1, 1987, 25 years of
22 eligible creditable service and age 54, or 24 years of
23 eligible creditable service and age 55; or
24 (iii) beginning January 1, 1988, 25 years of
25 eligible creditable service and age 53, or 23 years of
26 eligible creditable service and age 55; or
27 (iv) beginning January 1, 1989, 25 years of
28 eligible creditable service and age 52, or 22 years of
29 eligible creditable service and age 55; or
30 (v) beginning January 1, 1990, 25 years of eligible
31 creditable service and age 51, or 21 years of eligible
32 creditable service and age 55; or
33 (vi) beginning January 1, 1991, 25 years of
34 eligible creditable service and age 50, or 20 years of
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1 eligible creditable service and age 55.
2 Persons who have service credit under Article 16 of this
3 Code for service as a security employee of the Department of
4 Corrections in a position requiring certification as a
5 teacher may count such service toward establishing their
6 eligibility under the service requirements of this Section;
7 but such service may be used only for establishing such
8 eligibility, and not for the purpose of increasing or
9 calculating any benefit.
10 (e) If a member enters military service while working in
11 a position in which eligible creditable service may be
12 earned, and returns to State service in the same or another
13 such position, and fulfills in all other respects the
14 conditions prescribed in this Article for credit for military
15 service, such military service shall be credited as eligible
16 creditable service for the purposes of the retirement annuity
17 prescribed in this Section.
18 (f) For purposes of calculating retirement annuities
19 under this Section, periods of service rendered after
20 December 31, 1968 and before October 1, 1975 as a covered
21 employee in the position of special agent, conservation
22 police officer, mental health police officer, or investigator
23 for the Secretary of State, shall be deemed to have been
24 service as a noncovered employee, provided that the employee
25 pays to the System prior to retirement an amount equal to (1)
26 the difference between the employee contributions that would
27 have been required for such service as a noncovered employee,
28 and the amount of employee contributions actually paid, plus
29 (2) if payment is made after July 31, 1987, regular interest
30 on the amount specified in item (1) from the date of service
31 to the date of payment.
32 For purposes of calculating retirement annuities under
33 this Section, periods of service rendered after December 31,
34 1968 and before January 1, 1982 as a covered employee in the
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1 position of investigator for the Department of Revenue shall
2 be deemed to have been service as a noncovered employee,
3 provided that the employee pays to the System prior to
4 retirement an amount equal to (1) the difference between the
5 employee contributions that would have been required for such
6 service as a noncovered employee, and the amount of employee
7 contributions actually paid, plus (2) if payment is made
8 after January 1, 1990, regular interest on the amount
9 specified in item (1) from the date of service to the date of
10 payment.
11 (g) A State policeman may elect, not later than January
12 1, 1990, to establish eligible creditable service for up to
13 10 years of his service as a policeman under Article 3, by
14 filing a written election with the Board, accompanied by
15 payment of an amount to be determined by the Board, equal to
16 (i) the difference between the amount of employee and
17 employer contributions transferred to the System under
18 Section 3-110.5, and the amounts that would have been
19 contributed had such contributions been made at the rates
20 applicable to State policemen, plus (ii) interest thereon at
21 the effective rate for each year, compounded annually, from
22 the date of service to the date of payment.
23 Subject to the limitation in subsection (i), a State
24 policeman may elect, not later than July 1, 1993, to
25 establish eligible creditable service for up to 10 years of
26 his service as a member of the County Police Department under
27 Article 9, by filing a written election with the Board,
28 accompanied by payment of an amount to be determined by the
29 Board, equal to (i) the difference between the amount of
30 employee and employer contributions transferred to the System
31 under Section 9-121.10 and the amounts that would have been
32 contributed had those 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 (h) Subject to the limitation in subsection (i), a State
3 policeman or investigator for the Secretary of State may
4 elect to establish eligible creditable service for up to 12
5 years of his service as a policeman under Article 5, by
6 filing a written election with the Board on or before January
7 31, 1992, and paying to the System by January 31, 1994 an
8 amount to be determined by the Board, equal to (i) the
9 difference between the amount of employee and employer
10 contributions transferred to the System under Section 5-236,
11 and the amounts that would have been contributed had such
12 contributions been made at the rates applicable to State
13 policemen, plus (ii) interest thereon at the effective rate
14 for each year, compounded annually, from the date of service
15 to the date of payment.
16 Subject to the limitation in subsection (i), a State
17 policeman, conservation police officer, or investigator for
18 the Secretary of State may elect to establish eligible
19 creditable service for up to 10 years of service as a
20 sheriff's law enforcement employee under Article 7, by filing
21 a written election with the Board on or before January 31,
22 1993, and paying to the System by January 31, 1994 an amount
23 to be determined by the Board, equal to (i) the difference
24 between the amount of employee and employer contributions
25 transferred to the System under Section 7-139.7, and the
26 amounts that would have been contributed had such
27 contributions been made at the rates applicable to State
28 policemen, plus (ii) interest thereon at the effective rate
29 for each year, compounded annually, from the date of service
30 to the date of payment.
31 (i) The total amount of eligible creditable service
32 established by any person under subsections (g), (h) and (j)
33 of this Section shall not exceed 12 years.
34 (j) Subject to the limitation in subsection (i), an
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1 investigator for the Office of the State's Attorneys
2 Appellate Prosecutor may elect to establish eligible
3 creditable service for up to 10 years of his service as a
4 policeman under Article 3 or a sheriff's law enforcement
5 employee under Article 7, by filing a written election with
6 the Board, accompanied by payment of an amount to be
7 determined by the Board, equal to (1) the difference between
8 the amount of employee and employer contributions transferred
9 to the System under Section 3-110.6 or 7-139.8, and the
10 amounts that would have been contributed had such
11 contributions been made at the rates applicable to State
12 policemen, plus (2) interest thereon at the effective rate
13 for each year, compounded annually, from the date of service
14 to the date of payment.
15 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
16 (Text of Section after amendment by P.A. 89-507)
17 Sec. 14-110. Alternative retirement annuity.
18 (a) Any member who has withdrawn from service with not
19 less than 20 years of eligible creditable service and has
20 attained age 55, and any member who has withdrawn from
21 service with not less than 25 years of eligible creditable
22 service and has attained age 50, regardless of whether the
23 attainment of either of the specified ages occurs while the
24 member is still in service, shall be entitled to receive at
25 the option of the member, in lieu of the regular or minimum
26 retirement annuity, a retirement annuity computed as
27 follows:
28 (i) for periods of service as a noncovered
29 employee, 2 1/4% of final average compensation for each
30 of the first 10 years of creditable service, 2 1/2% for
31 each year above 10 years to and including 20 years of
32 creditable service, and 2 3/4% for each year of
33 creditable service above 20 years; and
34 (ii) for periods of eligible creditable service as
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1 a covered employee, 1.67% of final average compensation
2 for each of the first 10 years of such service, 1.90% for
3 each of the next 10 years of such service, 2.10% for each
4 year of such service in excess of 20 but not exceeding
5 30, and 2.30% for each year in excess of 30.
6 Such annuity shall be subject to a maximum of 75% of
7 final average compensation. These rates shall not be
8 applicable to any service performed by a member as a covered
9 employee which is not eligible creditable service. Service
10 as a covered employee which is not eligible creditable
11 service shall be subject to the rates and provisions of
12 Section 14-108.
13 (b) For the purpose of this Section, "eligible
14 creditable service" means creditable service resulting from
15 service in one or more of the following positions:
16 (1) State policeman;
17 (2) fire fighter in the fire protection service of
18 a department;
19 (3) air pilot;
20 (4) special agent;
21 (5) investigator for the Secretary of State;
22 (6) conservation police officer;
23 (7) investigator for the Department of Revenue;
24 (8) security employee of the Department of Human
25 Services;
26 (9) Central Management Services security police
27 officer;
28 (10) security employee of the Department of
29 Corrections;
30 (11) dangerous drugs investigator;
31 (12) investigator for the Department of State
32 Police;
33 (13) investigator for the Office of the Attorney
34 General;
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1 (14) controlled substance inspector;
2 (15) investigator for the Office of the State's
3 Attorneys Appellate Prosecutor;
4 (16) Commerce Commission police officer;
5 (17) arson investigator.
6 A person employed in one of the positions specified in
7 this subsection is entitled to eligible creditable service
8 for service credit earned under this Article while undergoing
9 the basic police training course approved by the Illinois
10 Local Governmental Law Enforcement Officers Training Board,
11 if completion of that training is required of persons serving
12 in that position. For the purposes of this Code, service
13 during the required basic police training course shall be
14 deemed performance of the duties of the specified position,
15 even though the person is not a sworn peace officer at the
16 time of the training.
17 (c) For the purposes of this Section:
18 (1) The term "state policeman" includes any title
19 or position in the Department of State Police that is
20 held by an individual employed under the State Police
21 Act.
22 (2) The term "fire fighter in the fire protection
23 service of a department" includes all officers in such
24 fire protection service including fire chiefs and
25 assistant fire chiefs.
26 (3) The term "air pilot" includes any employee
27 whose official job description on file in the Department
28 of Central Management Services, or in the department by
29 which he is employed if that department is not covered by
30 the Personnel Code, states that his principal duty is the
31 operation of aircraft, and who possesses a pilot's
32 license; however, the change in this definition made by
33 this amendatory Act of 1983 shall not operate to exclude
34 any noncovered employee who was an "air pilot" for the
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1 purposes of this Section on January 1, 1984.
2 (4) The term "special agent" means any person who
3 by reason of employment by the Division of Narcotic
4 Control, the Bureau of Investigation or, after July 1,
5 1977, the Division of Criminal Investigation, the
6 Division of Internal Investigation or any other Division
7 or organizational entity in the Department of State
8 Police is vested by law with duties to maintain public
9 order, investigate violations of the criminal law of this
10 State, enforce the laws of this State, make arrests and
11 recover property. The term "special agent" includes any
12 title or position in the Department of State Police that
13 is held by an individual employed under the State Police
14 Act.
15 (5) The term "investigator for the Secretary of
16 State" means any person employed by the Office of the
17 Secretary of State and vested with such investigative
18 duties as render him ineligible for coverage under the
19 Social Security Act by reason of Sections 218(d)(5)(A),
20 218(d)(8)(D) and 218(l)(1) of that Act.
21 A person who became employed as an investigator for
22 the Secretary of State between January 1, 1967 and
23 December 31, 1975, and who has served as such until
24 attainment of age 60, either continuously or with a
25 single break in service of not more than 3 years
26 duration, which break terminated before January 1, 1976,
27 shall be entitled to have his retirement annuity
28 calculated in accordance with subsection (a),
29 notwithstanding that he has less than 20 years of credit
30 for such service.
31 (6) The term "Conservation Police Officer" means
32 any person employed by the Division of Law Enforcement of
33 the Department of Natural Resources and vested with such
34 law enforcement duties as render him ineligible for
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1 coverage under the Social Security Act by reason of
2 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
3 that Act. The term "Conservation Police Officer"
4 includes the positions of Chief Conservation Police
5 Administrator and Assistant Conservation Police
6 Administrator.
7 (7) The term "investigator for the Department of
8 Revenue" means any person employed by the Department of
9 Revenue and vested with such investigative duties as
10 render him ineligible for coverage under the Social
11 Security Act by reason of Sections 218(d)(5)(A),
12 218(d)(8)(D) and 218(l)(1) of that Act.
13 (8) The term "security employee of the Department
14 of Human Services" means any person employed by the
15 Department of Human Services who is employed at the
16 Chester Mental Health Center and has daily contact with
17 the residents thereof, or who is a mental health police
18 officer. "Mental health police officer" means any person
19 employed by the Department of Human Services in a
20 position pertaining to the Department's mental health and
21 developmental disabilities functions who is vested with
22 such law enforcement duties as render the person
23 ineligible for coverage under the Social Security Act by
24 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
25 218(l)(1) of that Act.
26 (9) "Central Management Services security police
27 officer" means any person employed by the Department of
28 Central Management Services who is vested with such law
29 enforcement duties as render him ineligible for coverage
30 under the Social Security Act by reason of Sections
31 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
32 (10) The term "security employee of the Department
33 of Corrections" means any employee of the Department of
34 Corrections or the former Department of Personnel, and
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1 any member or employee of the Prisoner Review Board, who
2 has daily contact with inmates by working within a
3 correctional facility or who is a parole officer or an
4 employee who has direct contact with committed persons in
5 the performance of his or her job duties.
6 (11) The term "dangerous drugs investigator" means
7 any person who is employed as such by the Department of
8 Human Services.
9 (12) The term "investigator for the Department of
10 State Police" means a person employed by the Department
11 of State Police who is vested under Section 4 of the
12 Narcotic Control Division Abolition Act with such law
13 enforcement powers as render him ineligible for coverage
14 under the Social Security Act by reason of Sections
15 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
16 (13) "Investigator for the Office of the Attorney
17 General" means any person who is employed as such by the
18 Office of the Attorney General and is vested with such
19 investigative duties as render him ineligible for
20 coverage under the Social Security Act by reason of
21 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
22 Act. For the period before January 1, 1989, the term
23 includes all persons who were employed as investigators
24 by the Office of the Attorney General, without regard to
25 social security status.
26 (14) "Controlled substance inspector" means any
27 person who is employed as such by the Department of
28 Professional Regulation and is vested with such law
29 enforcement duties as render him ineligible for coverage
30 under the Social Security Act by reason of Sections
31 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
32 The term "controlled substance inspector" includes the
33 Program Executive of Enforcement and the Assistant
34 Program Executive of Enforcement.
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1 (15) The term "investigator for the Office of the
2 State's Attorneys Appellate Prosecutor" means a person
3 employed in that capacity on a full time basis under the
4 authority of Section 7.06 of the State's Attorneys
5 Appellate Prosecutor's Act.
6 (16) "Commerce Commission police officer" means any
7 person employed by the Illinois Commerce Commission who
8 is vested with such law enforcement duties as render him
9 ineligible for coverage under the Social Security Act by
10 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
11 218(l)(1) of that Act.
12 (17) "Arson investigator" means any person who is
13 employed as such by the Office of the State Fire Marshal
14 and is vested with such law enforcement duties as render
15 the person ineligible for coverage under the Social
16 Security Act by reason of Sections 218(d)(5)(A),
17 218(d)(8)(D), and 218(l)(1) of that Act.
18 (d) A security employee of the Department of
19 Corrections, and a security employee of the Department of
20 Human Services who is not a mental health police officer,
21 shall not be eligible for the alternative retirement annuity
22 provided by this Section unless he or she meets the following
23 minimum age and service requirements at the time of
24 retirement:
25 (i) 25 years of eligible creditable service and age
26 55; or
27 (ii) beginning January 1, 1987, 25 years of
28 eligible creditable service and age 54, or 24 years of
29 eligible creditable service and age 55; or
30 (iii) beginning January 1, 1988, 25 years of
31 eligible creditable service and age 53, or 23 years of
32 eligible creditable service and age 55; or
33 (iv) beginning January 1, 1989, 25 years of
34 eligible creditable service and age 52, or 22 years of
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1 eligible creditable service and age 55; or
2 (v) beginning January 1, 1990, 25 years of eligible
3 creditable service and age 51, or 21 years of eligible
4 creditable service and age 55; or
5 (vi) beginning January 1, 1991, 25 years of
6 eligible creditable service and age 50, or 20 years of
7 eligible creditable service and age 55.
8 Persons who have service credit under Article 16 of this
9 Code for service as a security employee of the Department of
10 Corrections in a position requiring certification as a
11 teacher may count such service toward establishing their
12 eligibility under the service requirements of this Section;
13 but such service may be used only for establishing such
14 eligibility, and not for the purpose of increasing or
15 calculating any benefit.
16 (e) If a member enters military service while working in
17 a position in which eligible creditable service may be
18 earned, and returns to State service in the same or another
19 such position, and fulfills in all other respects the
20 conditions prescribed in this Article for credit for military
21 service, such military service shall be credited as eligible
22 creditable service for the purposes of the retirement annuity
23 prescribed in this Section.
24 (f) For purposes of calculating retirement annuities
25 under this Section, periods of service rendered after
26 December 31, 1968 and before October 1, 1975 as a covered
27 employee in the position of special agent, conservation
28 police officer, mental health police officer, or investigator
29 for the Secretary of State, shall be deemed to have been
30 service as a noncovered employee, provided that the employee
31 pays to the System prior to retirement an amount equal to (1)
32 the difference between the employee contributions that would
33 have been required for such service as a noncovered employee,
34 and the amount of employee contributions actually paid, plus
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1 (2) if payment is made after July 31, 1987, regular interest
2 on the amount specified in item (1) from the date of service
3 to the date of payment.
4 For purposes of calculating retirement annuities under
5 this Section, periods of service rendered after December 31,
6 1968 and before January 1, 1982 as a covered employee in the
7 position of investigator for the Department of Revenue shall
8 be deemed to have been service as a noncovered employee,
9 provided that the employee pays to the System prior to
10 retirement an amount equal to (1) the difference between the
11 employee contributions that would have been required for such
12 service as a noncovered employee, and the amount of employee
13 contributions actually paid, plus (2) if payment is made
14 after January 1, 1990, regular interest on the amount
15 specified in item (1) from the date of service to the date of
16 payment.
17 (g) A State policeman may elect, not later than January
18 1, 1990, to establish eligible creditable service for up to
19 10 years of his service as a policeman under Article 3, by
20 filing a written election with the Board, accompanied by
21 payment of an amount to be determined by the Board, equal to
22 (i) the difference between the amount of employee and
23 employer contributions transferred to the System under
24 Section 3-110.5, and the amounts that would have been
25 contributed had such contributions been made at the rates
26 applicable to State policemen, plus (ii) interest thereon at
27 the effective rate for each year, compounded annually, from
28 the date of service to the date of payment.
29 Subject to the limitation in subsection (i), a State
30 policeman may elect, not later than July 1, 1993, to
31 establish eligible creditable service for up to 10 years of
32 his service as a member of the County Police Department under
33 Article 9, by filing a written election with the Board,
34 accompanied by payment of an amount to be determined by the
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1 Board, equal to (i) the difference between the amount of
2 employee and employer contributions transferred to the System
3 under Section 9-121.10 and the amounts that would have been
4 contributed had those contributions been made at the rates
5 applicable to State policemen, plus (ii) interest thereon at
6 the effective rate for each year, compounded annually, from
7 the date of service to the date of payment.
8 (h) Subject to the limitation in subsection (i), a State
9 policeman or investigator for the Secretary of State may
10 elect to establish eligible creditable service for up to 12
11 years of his service as a policeman under Article 5, by
12 filing a written election with the Board on or before January
13 31, 1992, and paying to the System by January 31, 1994 an
14 amount to be determined by the Board, equal to (i) the
15 difference between the amount of employee and employer
16 contributions transferred to the System under Section 5-236,
17 and the amounts that would have been contributed had such
18 contributions been made at the rates applicable to State
19 policemen, plus (ii) interest thereon at the effective rate
20 for each year, compounded annually, from the date of service
21 to the date of payment.
22 Subject to the limitation in subsection (i), a State
23 policeman, conservation police officer, or investigator for
24 the Secretary of State may elect to establish eligible
25 creditable service for up to 10 years of service as a
26 sheriff's law enforcement employee under Article 7, by filing
27 a written election with the Board on or before January 31,
28 1993, and paying to the System by January 31, 1994 an amount
29 to be determined by the Board, equal to (i) the difference
30 between the amount of employee and employer contributions
31 transferred to the System under Section 7-139.7, and the
32 amounts that would have been contributed had such
33 contributions been made at the rates applicable to State
34 policemen, plus (ii) interest thereon at the effective rate
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1 for each year, compounded annually, from the date of service
2 to the date of payment.
3 (i) The total amount of eligible creditable service
4 established by any person under subsections (g), (h) and (j)
5 of this Section shall not exceed 12 years.
6 (j) Subject to the limitation in subsection (i), an
7 investigator for the Office of the State's Attorneys
8 Appellate Prosecutor may elect to establish eligible
9 creditable service for up to 10 years of his service as a
10 policeman under Article 3 or a sheriff's law enforcement
11 employee under Article 7, by filing a written election with
12 the Board, accompanied by payment of an amount to be
13 determined by the Board, equal to (1) the difference between
14 the amount of employee and employer contributions transferred
15 to the System under Section 3-110.6 or 7-139.8, and the
16 amounts that would have been contributed had such
17 contributions been made at the rates applicable to State
18 policemen, plus (2) interest thereon at the effective rate
19 for each year, compounded annually, from the date of service
20 to the date of payment.
21 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
22 89-507, eff. 7-1-97.)
23 Section 95. No acceleration or delay. Where this Act
24 makes changes in a statute that is represented in this Act by
25 text that is not yet or no longer in effect (for example, a
26 Section represented by multiple versions), the use of that
27 text does not accelerate or delay the taking effect of (i)
28 the changes made by this Act or (ii) provisions derived from
29 any other Public Act.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.