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90_HB1856
40 ILCS 5/14-108 from Ch. 108 1/2, par. 14-108
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the State Employee Article of the Pension Code to
make court reporters eligible for the alternative (State
police) retirement formula. Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 14-108 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 14-108 and 14-110 as follows:
7 (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 14-108. Amount of retirement annuity. A member who
10 has contributed to the System for at least 12 months, shall
11 be entitled to a prior service annuity for each year of
12 certified prior service credited to him, except that a member
13 shall receive 1/3 of the prior service annuity for each year
14 of service for which contributions have been made and all of
15 such annuity shall be payable after the member has made
16 contributions for a period of 3 years. Proportionate amounts
17 shall be payable for service of less than a full year after
18 completion of at least 12 months.
19 The total period of service to be considered in
20 establishing the measure of prior service annuity shall
21 include service credited in the Teachers' Retirement System
22 of the State of Illinois and the State Universities
23 Retirement System for which contributions have been made by
24 the member to such systems; provided that at least 1 year of
25 the total period of 3 years prescribed for the allowance of a
26 full measure of prior service annuity shall consist of
27 membership service in this system for which credit has been
28 granted.
29 (a) In the case of a member who is a noncovered
30 employee, the retirement annuity for membership service and
31 prior service shall be 1.67% of final average compensation
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1 for each of the first 10 years of service; 1.90% for each of
2 the next 10 years of service; 2.10% for each year of service
3 in excess of 20 but not exceeding 30; and 2.30% for each year
4 in excess of 30. Any service credit established as a covered
5 employee shall be considered in determining the applicable
6 percentages and computed as stated in paragraph (b).
7 (b) In the case of a covered employee, the retirement
8 annuity for membership service and prior service shall be
9 computed as stated in paragraph (a) for all service credit
10 established as a noncovered employee; for service credit
11 established as a covered employee it shall be 1% for each of
12 the first 10 years of service; 1.10% for each of the next 10
13 years of service; 1.30% for each year of service in excess of
14 20 but not exceeding 30; and 1.50% for each year of service
15 in excess of 30. Any service credit established as a
16 noncovered employee shall be considered in determining the
17 applicable percentages.
18 (c) For a member with 30 but less than 35 years of
19 creditable service retiring after attaining age 55 but before
20 age 60, the retirement annuity shall be reduced by 1/2 of 1%
21 for each month that the member's age is under age 60 at the
22 time of retirement.
23 (d) A retirement annuity shall not exceed 75% of final
24 average compensation, subject to such extension as may result
25 from the application of Section 14-114 or Section 14-115.
26 (e) The retirement annuity payable to any covered
27 employee who is a member of the System and in service on
28 January 1, 1969, or in service thereafter in 1969 as a result
29 of legislation enacted by the Illinois General Assembly
30 transferring the member to State employment from county
31 employment in a county Department of Public Aid in counties
32 of 3,000,000 or more population, under a plan of coordination
33 with the Old Age, Survivors and Disability provisions
34 thereof, if not fully insured for Old Age Insurance payments
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1 under the Federal Old Age, Survivors and Disability Insurance
2 provisions at the date of acceptance of a retirement annuity,
3 shall not be less than the amount for which the member would
4 have been eligible if coordination were not applicable.
5 (f) The retirement annuity payable to any covered
6 employee who is a member of the System and in service on
7 January 1, 1969, or in service thereafter in 1969 as a result
8 of the legislation designated in the immediately preceding
9 paragraph, if fully insured for Old Age Insurance payments
10 under the Federal Social Security Act at the date of
11 acceptance of a retirement annuity, shall not be less than an
12 amount which when added to the Primary Insurance Benefit
13 payable to the member upon attainment of age 65 under such
14 Federal Act, will equal the annuity which would otherwise be
15 payable if the coordinated plan of coverage were not
16 applicable.
17 (g) In the case of a member who is a noncovered
18 employee, the retirement annuity for membership service as a
19 full-time security employee of the Department of Corrections
20 or security employee of the Department of Mental Health and
21 Developmental Disabilities shall be 1.9% of final average
22 compensation for each of the first 10 years of service; 2.1%
23 for each of the next 10 years of service; 2.25% for each year
24 of service in excess of 20 but not exceeding 30; and 2.5% for
25 each year in excess of 30.
26 (h) In the case of a covered employee, the retirement
27 annuity for membership service as a full-time security
28 employee of the Department of Corrections or security
29 employee of the Department of Mental Health and Developmental
30 Disabilities shall be 1.67% of final average compensation for
31 each of the first 10 years of service; 1.90% for each of the
32 next 10 years of service; 2.10% for each year of service in
33 excess of 20 but not exceeding 30; and 2.30% for each year in
34 excess of 30.
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1 (i) For the purposes of this Section and Section 14-133
2 of this Act, the term "security employee of the Department of
3 Corrections" and the term "security employee of the
4 Department of Mental Health and Developmental Disabilities"
5 shall have the meanings ascribed to them in subsection (c) of
6 Section 14-110.
7 (j) The retirement annuity computed pursuant to
8 paragraphs (g) or (h) shall be applicable only to those
9 security employees of the Department of Corrections and
10 security employees of the Department of Mental Health and
11 Developmental Disabilities who have at least 20 years of
12 membership service and who are not eligible for the
13 alternative retirement annuity provided under Section 14-110.
14 However, persons transferring to this System under Section
15 14-108.2 who have service credit under Article 16 of this
16 Code may count such service toward establishing their
17 eligibility under the 20-year service requirement of this
18 subsection; but such service may be used only for
19 establishing such eligibility, and not for the purpose of
20 increasing or calculating any benefit.
21 (k) In the case of a member who does not qualify for the
22 alternative annuity under Section 14-110 but has at least 10
23 years of creditable service as a court reporter, the
24 retirement annuity for service as a court reporter shall be
25 2.2% of final average compensation for each year of such
26 service as a noncovered employee, and 1.5% of final average
27 compensation for each year of such service as a covered
28 employee.
29 (Source: P.A. 86-272; 86-273; 86-1028.)
30 (Text of Section after amendment by P.A. 89-507)
31 Sec. 14-108. Amount of retirement annuity. A member who
32 has contributed to the System for at least 12 months, shall
33 be entitled to a prior service annuity for each year of
34 certified prior service credited to him, except that a member
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1 shall receive 1/3 of the prior service annuity for each year
2 of service for which contributions have been made and all of
3 such annuity shall be payable after the member has made
4 contributions for a period of 3 years. Proportionate amounts
5 shall be payable for service of less than a full year after
6 completion of at least 12 months.
7 The total period of service to be considered in
8 establishing the measure of prior service annuity shall
9 include service credited in the Teachers' Retirement System
10 of the State of Illinois and the State Universities
11 Retirement System for which contributions have been made by
12 the member to such systems; provided that at least 1 year of
13 the total period of 3 years prescribed for the allowance of a
14 full measure of prior service annuity shall consist of
15 membership service in this system for which credit has been
16 granted.
17 (a) In the case of a member who is a noncovered
18 employee, the retirement annuity for membership service and
19 prior service shall be 1.67% of final average compensation
20 for each of the first 10 years of service; 1.90% for each of
21 the next 10 years of service; 2.10% for each year of service
22 in excess of 20 but not exceeding 30; and 2.30% for each year
23 in excess of 30. Any service credit established as a covered
24 employee shall be considered in determining the applicable
25 percentages and computed as stated in paragraph (b).
26 (b) In the case of a covered employee, the retirement
27 annuity for membership service and prior service shall be
28 computed as stated in paragraph (a) for all service credit
29 established as a noncovered employee; for service credit
30 established as a covered employee it shall be 1% for each of
31 the first 10 years of service; 1.10% for each of the next 10
32 years of service; 1.30% for each year of service in excess of
33 20 but not exceeding 30; and 1.50% for each year of service
34 in excess of 30. Any service credit established as a
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1 noncovered employee shall be considered in determining the
2 applicable percentages.
3 (c) For a member with 30 but less than 35 years of
4 creditable service retiring after attaining age 55 but before
5 age 60, the retirement annuity shall be reduced by 1/2 of 1%
6 for each month that the member's age is under age 60 at the
7 time of retirement.
8 (d) A retirement annuity shall not exceed 75% of final
9 average compensation, subject to such extension as may result
10 from the application of Section 14-114 or Section 14-115.
11 (e) The retirement annuity payable to any covered
12 employee who is a member of the System and in service on
13 January 1, 1969, or in service thereafter in 1969 as a result
14 of legislation enacted by the Illinois General Assembly
15 transferring the member to State employment from county
16 employment in a county Department of Public Aid in counties
17 of 3,000,000 or more population, under a plan of coordination
18 with the Old Age, Survivors and Disability provisions
19 thereof, if not fully insured for Old Age Insurance payments
20 under the Federal Old Age, Survivors and Disability Insurance
21 provisions at the date of acceptance of a retirement annuity,
22 shall not be less than the amount for which the member would
23 have been eligible if coordination were not applicable.
24 (f) The retirement annuity payable to any covered
25 employee who is a member of the System and in service on
26 January 1, 1969, or in service thereafter in 1969 as a result
27 of the legislation designated in the immediately preceding
28 paragraph, if fully insured for Old Age Insurance payments
29 under the Federal Social Security Act at the date of
30 acceptance of a retirement annuity, shall not be less than an
31 amount which when added to the Primary Insurance Benefit
32 payable to the member upon attainment of age 65 under such
33 Federal Act, will equal the annuity which would otherwise be
34 payable if the coordinated plan of coverage were not
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1 applicable.
2 (g) In the case of a member who is a noncovered
3 employee, the retirement annuity for membership service as a
4 full-time security employee of the Department of Corrections
5 or security employee of the Department of Human Services
6 shall be 1.9% of final average compensation for each of the
7 first 10 years of service; 2.1% for each of the next 10 years
8 of service; 2.25% for each year of service in excess of 20
9 but not exceeding 30; and 2.5% for each year in excess of 30.
10 (h) In the case of a covered employee, the retirement
11 annuity for membership service as a full-time security
12 employee of the Department of Corrections or security
13 employee of the Department of Human Services shall be 1.67%
14 of final average compensation for each of the first 10 years
15 of service; 1.90% for each of the next 10 years of service;
16 2.10% for each year of service in excess of 20 but not
17 exceeding 30; and 2.30% for each year in excess of 30.
18 (i) For the purposes of this Section and Section 14-133
19 of this Act, the term "security employee of the Department of
20 Corrections" and the term "security employee of the
21 Department of Human Services" shall have the meanings
22 ascribed to them in subsection (c) of Section 14-110.
23 (j) The retirement annuity computed pursuant to
24 paragraphs (g) or (h) shall be applicable only to those
25 security employees of the Department of Corrections and
26 security employees of the Department of Human Services who
27 have at least 20 years of membership service and who are not
28 eligible for the alternative retirement annuity provided
29 under Section 14-110. However, persons transferring to this
30 System under Section 14-108.2 who have service credit under
31 Article 16 of this Code may count such service toward
32 establishing their eligibility under the 20-year service
33 requirement of this subsection; but such service may be used
34 only for establishing such eligibility, and not for the
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1 purpose of increasing or calculating any benefit.
2 (k) In the case of a member who does not qualify for the
3 alternative annuity under Section 14-110 but has at least 10
4 years of creditable service as a court reporter, the
5 retirement annuity for service as a court reporter shall be
6 2.2% of final average compensation for each year of such
7 service as a noncovered employee, and 1.5% of final average
8 compensation for each year of such service as a covered
9 employee.
10 (Source: P.A. 89-507, eff. 7-1-97.)
11 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
12 (Text of Section before 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
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1 year of such service in excess of 20 but not exceeding
2 30, and 2.30% for each year in excess of 30.
3 Such annuity shall be subject to a maximum of 75% of
4 final average compensation. These rates shall not be
5 applicable to any service performed by a member as a covered
6 employee which is not eligible creditable service. Service
7 as a covered employee which is not eligible creditable
8 service shall be subject to the rates and provisions of
9 Section 14-108.
10 (b) For the purpose of this Section, "eligible
11 creditable service" means creditable service resulting from
12 service in one or more of the following positions:
13 (1) State policeman;
14 (2) fire fighter in the fire protection service of
15 a department;
16 (3) air pilot;
17 (4) special agent;
18 (5) investigator for the Secretary of State;
19 (6) conservation police officer;
20 (7) investigator for the Department of Revenue;
21 (8) security employee of the Department of Mental
22 Health and Developmental Disabilities;
23 (9) Central Management Services security police
24 officer;
25 (10) security employee of the Department of
26 Corrections;
27 (11) dangerous drugs investigator;
28 (12) investigator for the Department of State
29 Police;
30 (13) investigator for the Office of the Attorney
31 General;
32 (14) controlled substance inspector;
33 (15) investigator for the Office of the State's
34 Attorneys Appellate Prosecutor;
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1 (16) Commerce Commission police officer;
2 (17) court reporter.
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 Mental Health and Developmental Disabilities" means
12 any person employed by the Department of Mental Health
13 and Developmental Disabilities who is employed at the
14 Chester Mental Health Center and has daily contact with
15 the residents thereof, or who is a mental health police
16 officer. "Mental health police officer" means any person
17 employed by the Department of Mental Health and
18 Developmental Disabilities who is vested with such law
19 enforcement duties as render him ineligible for coverage
20 under the Social Security Act by reason of Sections
21 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
22 (9) "Central Management Services security police
23 officer" means any person employed by the Department of
24 Central Management Services who is vested with such law
25 enforcement duties as render him ineligible for coverage
26 under the Social Security Act by reason of Sections
27 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
28 (10) The term "security employee of the Department
29 of Corrections" means any employee of the Department of
30 Corrections or the former Department of Personnel, and
31 any member or employee of the Prisoner Review Board, who
32 has daily contact with inmates by working within a
33 correctional facility or who is a parole officer or an
34 employee who has direct contact with committed persons in
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1 the performance of his or her job duties.
2 (11) The term "dangerous drugs investigator" means
3 any person who is employed as such by the Department of
4 Alcoholism and Substance Abuse.
5 (12) The term "investigator for the Department of
6 State Police" means a person employed by the Department
7 of State Police who is vested under Section 4 of the
8 Narcotic Control Division Abolition Act with such law
9 enforcement powers as render him ineligible for coverage
10 under the Social Security Act by reason of Sections
11 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
12 (13) "Investigator for the Office of the Attorney
13 General" means any person who is employed as such by the
14 Office of the Attorney General and is vested with such
15 investigative duties as render him ineligible for
16 coverage under the Social Security Act by reason of
17 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
18 Act. For the period before January 1, 1989, the term
19 includes all persons who were employed as investigators
20 by the Office of the Attorney General, without regard to
21 social security status.
22 (14) "Controlled substance inspector" means any
23 person who is employed as such by the Department of
24 Professional Regulation and is vested with such law
25 enforcement duties as render him ineligible for coverage
26 under the Social Security Act by reason of Sections
27 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
28 The term "controlled substance inspector" includes the
29 Program Executive of Enforcement and the Assistant
30 Program Executive of Enforcement.
31 (15) The term "investigator for the Office of the
32 State's Attorneys Appellate Prosecutor" means a person
33 employed in that capacity on a full time basis under the
34 authority of Section 7.06 of the State's Attorneys
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1 Appellate Prosecutor's Act.
2 (16) "Commerce Commission police officer" means any
3 person employed by the Illinois Commerce Commission who
4 is vested with such law enforcement duties as render him
5 ineligible for coverage under the Social Security Act by
6 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
7 218(l)(1) of that Act.
8 (17) "Court reporter" means any person employed in
9 that capacity by a court that is a "department" as
10 defined in Section 14-103.04.
11 (d) A security employee of the Department of
12 Corrections, and a security employee of the Department of
13 Mental Health and Developmental Disabilities who is not a
14 mental health police officer, shall not be eligible for the
15 alternative retirement annuity provided by this Section
16 unless he or she meets the following minimum age and service
17 requirements at the time of retirement:
18 (i) 25 years of eligible creditable service and age
19 55; or
20 (ii) beginning January 1, 1987, 25 years of
21 eligible creditable service and age 54, or 24 years of
22 eligible creditable service and age 55; or
23 (iii) beginning January 1, 1988, 25 years of
24 eligible creditable service and age 53, or 23 years of
25 eligible creditable service and age 55; or
26 (iv) beginning January 1, 1989, 25 years of
27 eligible creditable service and age 52, or 22 years of
28 eligible creditable service and age 55; or
29 (v) beginning January 1, 1990, 25 years of eligible
30 creditable service and age 51, or 21 years of eligible
31 creditable service and age 55; or
32 (vi) beginning January 1, 1991, 25 years of
33 eligible creditable service and age 50, or 20 years of
34 eligible creditable service and age 55.
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1 Persons who have service credit under Article 16 of this
2 Code for service as a security employee of the Department of
3 Corrections in a position requiring certification as a
4 teacher may count such service toward establishing their
5 eligibility under the service requirements of this Section;
6 but such service may be used only for establishing such
7 eligibility, and not for the purpose of increasing or
8 calculating any benefit.
9 (e) If a member enters military service while working in
10 a position in which eligible creditable service may be
11 earned, and returns to State service in the same or another
12 such position, and fulfills in all other respects the
13 conditions prescribed in this Article for credit for military
14 service, such military service shall be credited as eligible
15 creditable service for the purposes of the retirement annuity
16 prescribed in this Section.
17 (f) For purposes of calculating retirement annuities
18 under this Section, periods of service rendered after
19 December 31, 1968 and before October 1, 1975 as a covered
20 employee in the position of special agent, conservation
21 police officer, mental health police officer, or investigator
22 for the Secretary of State, shall be deemed to have been
23 service as a noncovered employee, provided that the employee
24 pays to the System prior to retirement an amount equal to (1)
25 the difference between the employee contributions that would
26 have been required for such service as a noncovered employee,
27 and the amount of employee contributions actually paid, plus
28 (2) if payment is made after July 31, 1987, regular interest
29 on the amount specified in item (1) from the date of service
30 to the date of payment.
31 For purposes of calculating retirement annuities under
32 this Section, periods of service rendered after December 31,
33 1968 and before January 1, 1982 as a covered employee in the
34 position of investigator for the Department of Revenue shall
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1 be deemed to have been service as a noncovered employee,
2 provided that the employee pays to the System prior to
3 retirement an amount equal to (1) the difference between the
4 employee contributions that would have been required for such
5 service as a noncovered employee, and the amount of employee
6 contributions actually paid, plus (2) if payment is made
7 after January 1, 1990, regular interest on the amount
8 specified in item (1) from the date of service to the date of
9 payment.
10 (g) A State policeman may elect, not later than January
11 1, 1990, to establish eligible creditable service for up to
12 10 years of his service as a policeman under Article 3, by
13 filing a written election with the Board, accompanied by
14 payment of an amount to be determined by the Board, equal to
15 (i) the difference between the amount of employee and
16 employer contributions transferred to the System under
17 Section 3-110.5, and the amounts that would have been
18 contributed had such contributions been made at the rates
19 applicable to State policemen, plus (ii) interest thereon at
20 the effective rate for each year, compounded annually, from
21 the date of service to the date of payment.
22 Subject to the limitation in subsection (i), a State
23 policeman may elect, not later than July 1, 1993, to
24 establish eligible creditable service for up to 10 years of
25 his service as a member of the County Police Department under
26 Article 9, by filing a written election with the Board,
27 accompanied by payment of an amount to be determined by the
28 Board, equal to (i) the difference between the amount of
29 employee and employer contributions transferred to the System
30 under Section 9-121.10 and the amounts that would have been
31 contributed had those contributions been made at the rates
32 applicable to State policemen, plus (ii) interest thereon at
33 the effective rate for each year, compounded annually, from
34 the date of service to the date of payment.
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1 (h) Subject to the limitation in subsection (i), a State
2 policeman or investigator for the Secretary of State may
3 elect to establish eligible creditable service for up to 12
4 years of his service as a policeman under Article 5, by
5 filing a written election with the Board on or before January
6 31, 1992, and paying to the System by January 31, 1994 an
7 amount to be determined by the Board, equal to (i) the
8 difference between the amount of employee and employer
9 contributions transferred to the System under Section 5-236,
10 and the amounts that would have been contributed had such
11 contributions been made at the rates applicable to State
12 policemen, plus (ii) interest thereon at the effective rate
13 for each year, compounded annually, from the date of service
14 to the date of payment.
15 Subject to the limitation in subsection (i), a State
16 policeman, conservation police officer, or investigator for
17 the Secretary of State may elect to establish eligible
18 creditable service for up to 10 years of service as a
19 sheriff's law enforcement employee under Article 7, by filing
20 a written election with the Board on or before January 31,
21 1993, and paying to the System by January 31, 1994 an amount
22 to be determined by the Board, equal to (i) the difference
23 between the amount of employee and employer contributions
24 transferred to the System under Section 7-139.7, and the
25 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 (i) The total amount of eligible creditable service
31 established by any person under subsections (g), (h) and (j)
32 of this Section shall not exceed 12 years.
33 (j) Subject to the limitation in subsection (i), an
34 investigator for the Office of the State's Attorneys
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1 Appellate Prosecutor may elect to establish eligible
2 creditable service for up to 10 years of his service as a
3 policeman under Article 3 or a sheriff's law enforcement
4 employee under Article 7, by filing a written election with
5 the Board, accompanied by payment of an amount to be
6 determined by the Board, equal to (1) the difference between
7 the amount of employee and employer contributions transferred
8 to the System under Section 3-110.6 or 7-139.8, and the
9 amounts that would have been contributed had such
10 contributions been made at the rates applicable to State
11 policemen, plus (2) interest thereon at the effective rate
12 for each year, compounded annually, from the date of service
13 to the date of payment.
14 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
15 (Text of Section after amendment by P.A. 89-507)
16 Sec. 14-110. Alternative retirement annuity.
17 (a) Any member who has withdrawn from service with not
18 less than 20 years of eligible creditable service and has
19 attained age 55, and any member who has withdrawn from
20 service with not less than 25 years of eligible creditable
21 service and has attained age 50, regardless of whether the
22 attainment of either of the specified ages occurs while the
23 member is still in service, shall be entitled to receive at
24 the option of the member, in lieu of the regular or minimum
25 retirement annuity, a retirement annuity computed as
26 follows:
27 (i) for periods of service as a noncovered
28 employee, 2 1/4% of final average compensation for each
29 of the first 10 years of creditable service, 2 1/2% for
30 each year above 10 years to and including 20 years of
31 creditable service, and 2 3/4% for each year of
32 creditable service above 20 years; and
33 (ii) for periods of eligible creditable service as
34 a covered employee, 1.67% of final average compensation
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1 for each of the first 10 years of such service, 1.90% for
2 each of the next 10 years of such service, 2.10% for each
3 year of such service in excess of 20 but not exceeding
4 30, and 2.30% for each year in excess of 30.
5 Such annuity shall be subject to a maximum of 75% of
6 final average compensation. These rates shall not be
7 applicable to any service performed by a member as a covered
8 employee which is not eligible creditable service. Service
9 as a covered employee which is not eligible creditable
10 service shall be subject to the rates and provisions of
11 Section 14-108.
12 (b) For the purpose of this Section, "eligible
13 creditable service" means creditable service resulting from
14 service in one or more of the following positions:
15 (1) State policeman;
16 (2) fire fighter in the fire protection service of
17 a department;
18 (3) air pilot;
19 (4) special agent;
20 (5) investigator for the Secretary of State;
21 (6) conservation police officer;
22 (7) investigator for the Department of Revenue;
23 (8) security employee of the Department of Human
24 Services;
25 (9) Central Management Services security police
26 officer;
27 (10) security employee of the Department of
28 Corrections;
29 (11) dangerous drugs investigator;
30 (12) investigator for the Department of State
31 Police;
32 (13) investigator for the Office of the Attorney
33 General;
34 (14) controlled substance inspector;
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1 (15) investigator for the Office of the State's
2 Attorneys Appellate Prosecutor;
3 (16) Commerce Commission police officer;
4 (17) court reporter.
5 A person employed in one of the positions specified in
6 this subsection is entitled to eligible creditable service
7 for service credit earned under this Article while undergoing
8 the basic police training course approved by the Illinois
9 Local Governmental Law Enforcement Officers Training Board,
10 if completion of that training is required of persons serving
11 in that position. For the purposes of this Code, service
12 during the required basic police training course shall be
13 deemed performance of the duties of the specified position,
14 even though the person is not a sworn peace officer at the
15 time of the training.
16 (c) For the purposes of this Section:
17 (1) The term "state policeman" includes any title
18 or position in the Department of State Police that is
19 held by an individual employed under the State Police
20 Act.
21 (2) The term "fire fighter in the fire protection
22 service of a department" includes all officers in such
23 fire protection service including fire chiefs and
24 assistant fire chiefs.
25 (3) The term "air pilot" includes any employee
26 whose official job description on file in the Department
27 of Central Management Services, or in the department by
28 which he is employed if that department is not covered by
29 the Personnel Code, states that his principal duty is the
30 operation of aircraft, and who possesses a pilot's
31 license; however, the change in this definition made by
32 this amendatory Act of 1983 shall not operate to exclude
33 any noncovered employee who was an "air pilot" for the
34 purposes of this Section on January 1, 1984.
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1 (4) The term "special agent" means any person who
2 by reason of employment by the Division of Narcotic
3 Control, the Bureau of Investigation or, after July 1,
4 1977, the Division of Criminal Investigation, the
5 Division of Internal Investigation or any other Division
6 or organizational entity in the Department of State
7 Police is vested by law with duties to maintain public
8 order, investigate violations of the criminal law of this
9 State, enforce the laws of this State, make arrests and
10 recover property. The term "special agent" includes any
11 title or position in the Department of State Police that
12 is held by an individual employed under the State Police
13 Act.
14 (5) The term "investigator for the Secretary of
15 State" means any person employed by the Office of the
16 Secretary of State and vested with such investigative
17 duties as render him ineligible for coverage under the
18 Social Security Act by reason of Sections 218(d)(5)(A),
19 218(d)(8)(D) and 218(l)(1) of that Act.
20 A person who became employed as an investigator for
21 the Secretary of State between January 1, 1967 and
22 December 31, 1975, and who has served as such until
23 attainment of age 60, either continuously or with a
24 single break in service of not more than 3 years
25 duration, which break terminated before January 1, 1976,
26 shall be entitled to have his retirement annuity
27 calculated in accordance with subsection (a),
28 notwithstanding that he has less than 20 years of credit
29 for such service.
30 (6) The term "Conservation Police Officer" means
31 any person employed by the Division of Law Enforcement of
32 the Department of Natural Resources and vested with such
33 law enforcement duties as render him ineligible for
34 coverage under the Social Security Act by reason of
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1 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
2 that Act. The term "Conservation Police Officer"
3 includes the positions of Chief Conservation Police
4 Administrator and Assistant Conservation Police
5 Administrator.
6 (7) The term "investigator for the Department of
7 Revenue" means any person employed by the Department of
8 Revenue and vested with such investigative duties as
9 render him 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 (8) The term "security employee of the Department
13 of Human Services" means any person employed by the
14 Department of Human Services who is employed at the
15 Chester Mental Health Center and has daily contact with
16 the residents thereof, or who is a mental health police
17 officer. "Mental health police officer" means any person
18 employed by the Department of Human Services in a
19 position pertaining to the Department's mental health and
20 developmental disabilities functions who is vested with
21 such law enforcement duties as render the person
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 (9) "Central Management Services security police
26 officer" means any person employed by the Department of
27 Central Management Services who is vested with such law
28 enforcement duties as render him ineligible for coverage
29 under the Social Security Act by reason of Sections
30 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
31 (10) The term "security employee of the Department
32 of Corrections" means any employee of the Department of
33 Corrections or the former Department of Personnel, and
34 any member or employee of the Prisoner Review Board, who
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1 has daily contact with inmates by working within a
2 correctional facility or who is a parole officer or an
3 employee who has direct contact with committed persons in
4 the performance of his or her job duties.
5 (11) The term "dangerous drugs investigator" means
6 any person who is employed as such by the Department of
7 Human Services.
8 (12) The term "investigator for the Department of
9 State Police" means a person employed by the Department
10 of State Police who is vested under Section 4 of the
11 Narcotic Control Division Abolition Act with such law
12 enforcement powers as render him ineligible for coverage
13 under the Social Security Act by reason of Sections
14 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
15 (13) "Investigator for the Office of the Attorney
16 General" means any person who is employed as such by the
17 Office of the Attorney General and is vested with such
18 investigative duties as render him ineligible for
19 coverage under the Social Security Act by reason of
20 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
21 Act. For the period before January 1, 1989, the term
22 includes all persons who were employed as investigators
23 by the Office of the Attorney General, without regard to
24 social security status.
25 (14) "Controlled substance inspector" means any
26 person who is employed as such by the Department of
27 Professional Regulation and is vested with such law
28 enforcement duties as render him ineligible for coverage
29 under the Social Security Act by reason of Sections
30 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
31 The term "controlled substance inspector" includes the
32 Program Executive of Enforcement and the Assistant
33 Program Executive of Enforcement.
34 (15) The term "investigator for the Office of the
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1 State's Attorneys Appellate Prosecutor" means a person
2 employed in that capacity on a full time basis under the
3 authority of Section 7.06 of the State's Attorneys
4 Appellate Prosecutor's Act.
5 (16) "Commerce Commission police officer" means any
6 person employed by the Illinois Commerce Commission who
7 is vested with such law enforcement duties as render him
8 ineligible for coverage under the Social Security Act by
9 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
10 218(l)(1) of that Act.
11 (17) "Court reporter" means any person employed in
12 that capacity by a court that is a "department" as
13 defined in Section 14-103.04.
14 (d) A security employee of the Department of
15 Corrections, and a security employee of the Department of
16 Human Services who is not a mental health police officer,
17 shall not be eligible for the alternative retirement annuity
18 provided by this Section unless he or she meets the following
19 minimum age and service requirements at the time of
20 retirement:
21 (i) 25 years of eligible creditable service and age
22 55; or
23 (ii) beginning January 1, 1987, 25 years of
24 eligible creditable service and age 54, or 24 years of
25 eligible creditable service and age 55; or
26 (iii) beginning January 1, 1988, 25 years of
27 eligible creditable service and age 53, or 23 years of
28 eligible creditable service and age 55; or
29 (iv) beginning January 1, 1989, 25 years of
30 eligible creditable service and age 52, or 22 years of
31 eligible creditable service and age 55; or
32 (v) beginning January 1, 1990, 25 years of eligible
33 creditable service and age 51, or 21 years of eligible
34 creditable service and age 55; or
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1 (vi) beginning January 1, 1991, 25 years of
2 eligible creditable service and age 50, or 20 years of
3 eligible creditable service and age 55.
4 Persons who have service credit under Article 16 of this
5 Code for service as a security employee of the Department of
6 Corrections in a position requiring certification as a
7 teacher may count such service toward establishing their
8 eligibility under the service requirements of this Section;
9 but such service may be used only for establishing such
10 eligibility, and not for the purpose of increasing or
11 calculating any benefit.
12 (e) If a member enters military service while working in
13 a position in which eligible creditable service may be
14 earned, and returns to State service in the same or another
15 such position, and fulfills in all other respects the
16 conditions prescribed in this Article for credit for military
17 service, such military service shall be credited as eligible
18 creditable service for the purposes of the retirement annuity
19 prescribed in this Section.
20 (f) For purposes of calculating retirement annuities
21 under this Section, periods of service rendered after
22 December 31, 1968 and before October 1, 1975 as a covered
23 employee in the position of special agent, conservation
24 police officer, mental health police officer, or investigator
25 for the Secretary of State, shall be deemed to have been
26 service as a noncovered employee, provided that the employee
27 pays to the System prior to retirement an amount equal to (1)
28 the difference between the employee contributions that would
29 have been required for such service as a noncovered employee,
30 and the amount of employee contributions actually paid, plus
31 (2) if payment is made after July 31, 1987, regular interest
32 on the amount specified in item (1) from the date of service
33 to the date of payment.
34 For purposes of calculating retirement annuities under
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1 this Section, periods of service rendered after December 31,
2 1968 and before January 1, 1982 as a covered employee in the
3 position of investigator for the Department of Revenue shall
4 be deemed to have been service as a noncovered employee,
5 provided that the employee pays to the System prior to
6 retirement an amount equal to (1) the difference between the
7 employee contributions that would have been required for such
8 service as a noncovered employee, and the amount of employee
9 contributions actually paid, plus (2) if payment is made
10 after January 1, 1990, regular interest on the amount
11 specified in item (1) from the date of service to the date of
12 payment.
13 (g) A State policeman may elect, not later than January
14 1, 1990, to establish eligible creditable service for up to
15 10 years of his service as a policeman under Article 3, by
16 filing a written election with the Board, accompanied by
17 payment of an amount to be determined by the Board, equal to
18 (i) the difference between the amount of employee and
19 employer contributions transferred to the System under
20 Section 3-110.5, and the amounts that would have been
21 contributed had such contributions been made at the rates
22 applicable to State policemen, plus (ii) interest thereon at
23 the effective rate for each year, compounded annually, from
24 the date of service to the date of payment.
25 Subject to the limitation in subsection (i), a State
26 policeman may elect, not later than July 1, 1993, to
27 establish eligible creditable service for up to 10 years of
28 his service as a member of the County Police Department under
29 Article 9, by filing a written election with the Board,
30 accompanied by payment of an amount to be determined by the
31 Board, equal to (i) the difference between the amount of
32 employee and employer contributions transferred to the System
33 under Section 9-121.10 and the amounts that would have been
34 contributed had those contributions been made at the rates
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1 applicable to State policemen, plus (ii) interest thereon at
2 the effective rate for each year, compounded annually, from
3 the date of service to the date of payment.
4 (h) Subject to the limitation in subsection (i), a State
5 policeman or investigator for the Secretary of State may
6 elect to establish eligible creditable service for up to 12
7 years of his service as a policeman under Article 5, by
8 filing a written election with the Board on or before January
9 31, 1992, and paying to the System by January 31, 1994 an
10 amount to be determined by the Board, equal to (i) the
11 difference between the amount of employee and employer
12 contributions transferred to the System under Section 5-236,
13 and the amounts that would have been contributed had such
14 contributions been made at the rates applicable to State
15 policemen, plus (ii) interest thereon at the effective rate
16 for each year, compounded annually, from the date of service
17 to the date of payment.
18 Subject to the limitation in subsection (i), a State
19 policeman, conservation police officer, or investigator for
20 the Secretary of State may elect to establish eligible
21 creditable service for up to 10 years of service as a
22 sheriff's law enforcement employee under Article 7, by filing
23 a written election with the Board on or before January 31,
24 1993, and paying to the System by January 31, 1994 an amount
25 to be determined by the Board, equal to (i) the difference
26 between the amount of employee and employer contributions
27 transferred to the System under Section 7-139.7, and the
28 amounts that would have been contributed had such
29 contributions been made at the rates applicable to State
30 policemen, plus (ii) interest thereon at the effective rate
31 for each year, compounded annually, from the date of service
32 to the date of payment.
33 (i) The total amount of eligible creditable service
34 established by any person under subsections (g), (h) and (j)
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1 of this Section shall not exceed 12 years.
2 (j) Subject to the limitation in subsection (i), an
3 investigator for the Office of the State's Attorneys
4 Appellate Prosecutor may elect to establish eligible
5 creditable service for up to 10 years of his service as a
6 policeman under Article 3 or a sheriff's law enforcement
7 employee under Article 7, by filing a written election with
8 the Board, accompanied by payment of an amount to be
9 determined by the Board, equal to (1) the difference between
10 the amount of employee and employer contributions transferred
11 to the System under Section 3-110.6 or 7-139.8, and the
12 amounts that would have been contributed had such
13 contributions been made at the rates applicable to State
14 policemen, plus (2) interest thereon at the effective rate
15 for each year, compounded annually, from the date of service
16 to the date of payment.
17 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
18 89-507, eff. 7-1-97.)
19 Section 95. No acceleration or delay. Where this Act
20 makes changes in a statute that is represented in this Act by
21 text that is not yet or no longer in effect (for example, a
22 Section represented by multiple versions), the use of that
23 text does not accelerate or delay the taking effect of (i)
24 the changes made by this Act or (ii) provisions derived from
25 any other Public Act.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.