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90_HB2047ham002
LRB9004280EGfgam09
1 AMENDMENT TO HOUSE BILL 2047
2 AMENDMENT NO. . Amend House Bill 2047, AS AMENDED,
3 in the introductory portion of Section 5, by changing
4 "5-167.5, 6-164.2," to "3-110.6, 4-109.1, 4-115.1, 5-167.5,
5 6-164.2, 7-139.8,"; and
6 in the introductory portion of Section 5, by changing "and
7 11-160.1" to "11-160.1, 14-104, 14-110, 15-157, 15-157.1,
8 16-127, and 16-141"; and
9 in the introductory portion of Section 5, by changing "and
10 9-146.2" to ", 9-146.2, and 14-104.10"; and
11 in Section 5, by inserting before the beginnning of Sec.
12 5-167.5 the following:
13 "(40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
14 Sec. 3-110.6. Transfer to Article 14 System.
15 (a) Any active member of the State Employees' Retirement
16 System who is an investigator for the Office of the State's
17 Attorneys Appellate Prosecutor or a controlled substance
18 inspector may apply for transfer of his or her creditable
19 service accumulated in any police pension fund under this
20 Article to the State Employees' Retirement System in
21 accordance with Section 14-110. The creditable service shall
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1 be transferred only upon payment by the police pension fund
2 to the State Employees' Retirement System of an amount equal
3 to:
4 (1) the amounts accumulated to the credit of the
5 applicant on the books of the fund on the date of
6 transfer; and
7 (2) employer contributions in an amount equal to
8 the amount determined under subparagraph (1); and
9 (3) any interest paid by the applicant in order to
10 reinstate service.
11 Participation in the police pension fund shall terminate on
12 the date of transfer.
13 (b) Any such investigator or inspector may reinstate
14 service which was terminated by receipt of a refund, by
15 paying to the police pension fund the amount of the refund
16 with interest thereon at the rate of 6% per year, compounded
17 annually, from the date of refund to the date of payment.
18 (Source: P.A. 87-1265.)
19 (40 ILCS 5/4-109.1) (from Ch. 108 1/2, par. 4-109.1)
20 Sec. 4-109.1. Increase in pension.
21 (a) Except as provided in subsection (e), the monthly
22 pension of a firefighter who retires after July 1, 1971 and
23 prior to January 1, 1986, shall, upon either the first of the
24 month following the first anniversary of the date of
25 retirement if 60 years of age or over at retirement date, or
26 upon the first day of the month following attainment of age
27 60 if it occurs after the first anniversary of retirement, be
28 increased by 2% of the originally granted monthly pension and
29 by an additional 2% in each January thereafter. Effective
30 January 1976, the rate of the annual increase shall be 3% of
31 the originally granted monthly pension.
32 (b) The monthly pension of a firefighter who retired
33 from service with 20 or more years of service, on or before
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1 July 1, 1971, shall be increased, in January of the year
2 following the year of attaining age 65 or in January 1972, if
3 then over age 65, by 2% of the originally granted monthly
4 pension, for each year the firefighter received pension
5 payments. In each January thereafter, he or she shall
6 receive an additional increase of 2% of the original monthly
7 pension. Effective January 1976, the rate of the annual
8 increase shall be 3%.
9 (c) The monthly pension of a firefighter who is
10 receiving a disability pension under this Article shall be
11 increased, in January of the year following the year the
12 firefighter attains age 60, or in January 1974, if then over
13 age 60, by 2% of the originally granted monthly pension for
14 each year he or she received pension payments. In each
15 January thereafter, the firefighter shall receive an
16 additional increase of 2% of the original monthly pension.
17 Effective January 1976, the rate of the annual increase shall
18 be 3%.
19 (c-1) On January 1, 1998, every child's disability
20 benefit payable on that date under Section 4-110 or 4-110.1
21 shall be increased by an amount equal to 1/12 of 3% of the
22 amount of the benefit, multiplied by the number of months for
23 which the benefit has been payable. On each January 1
24 thereafter, every child's disability benefit payable under
25 Section 4-110 or 4-110.1 shall be increased by 3% of the
26 amount of the benefit then being paid, including any previous
27 increases received under this Article. These increases are
28 not subject to any limitation on the maximum benefit amount
29 included in Section 4-110 or 4-110.1.
30 (d) The monthly pension of a firefighter who retires
31 after January 1, 1986, shall, upon either the first of the
32 month following the first anniversary of the date of
33 retirement if 55 years of age or over at retirement date, or
34 upon the first day of the month following attainment of age
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1 55 if it occurs after the first anniversary of retirement, be
2 increased by 3% of the originally granted monthly pension for
3 each full year that has elapsed since the pension began, and
4 by an additional 3% in each January thereafter.
5 (e) Notwithstanding the provisions of subsection (a),
6 upon the first day of the month following (1) the first
7 anniversary of the date of retirement, or (2) the attainment
8 of age 55, or (3) July 1, 1987, whichever occurs latest, the
9 monthly pension of a firefighter who retired on or after
10 January 1, 1977 and on or before January 1, 1986 and did not
11 receive an increase under subsection (a) before July 1, 1987,
12 shall be increased by 3% of the originally granted monthly
13 pension for each full year that has elapsed since the pension
14 began, and by an additional 3% in each January thereafter.
15 The increases provided under this subsection are in lieu of
16 the increases provided in subsection (a).
17 (Source: P.A. 85-941.)
18 (40 ILCS 5/4-115.1) (from Ch. 108 1/2, par. 4-115.1)
19 Sec. 4-115.1. Eligibility of children. Dependent
20 benefits shall be paid to each natural child of a deceased
21 firefighter, and to each child legally adopted before the
22 firefighter attains age 50, until the child's attainment of
23 age 18, or marriage, whichever occurs first, whether or not
24 the death of the firefighter occurred prior to November 21,
25 1975.
26 Benefits payable to or on account of a child under this
27 Article shall not be reduced or terminated by reason of the
28 child's adoption by a third party after the firefighter's
29 death.
30 Benefits payable to or on account of a child under this
31 Article to children shall not be reduced or terminated by
32 reason of the child's attainment of age 18 if he or she is
33 then dependent by reason of a physical or mental disability
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1 but shall continue to be paid as long as such dependency
2 continues. Individuals over the age of 18 and adjudged as a
3 disabled person pursuant to Article XIa of the Probate Act of
4 1975, except for persons receiving benefits under Article III
5 of the Illinois Public Aid Code, shall be eligible to receive
6 benefits under this Act.
7 (Source: P.A. 83-1440.)"; and
8 in Section 5, by inserting before the beginnning of Sec.
9 7-141.1 the following:
10 "(40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
11 Sec. 7-139.8. Transfer to Article 14 System.
12 (a) Any active member of the State Employees' Retirement
13 System who is an investigator for the Office of the State's
14 Attorneys Appellate Prosecutor or a controlled substance
15 inspector may apply for transfer of his or her credits and
16 creditable service accumulated in this Fund for service as a
17 sheriff's law enforcement employee to the State Employees'
18 Retirement System in accordance with Section 14-110. The
19 creditable service shall be transferred only upon payment by
20 this Fund to the State Employees' Retirement System of an
21 amount equal to:
22 (1) the amounts accumulated to the credit of the
23 applicant for service as a sheriff's law enforcement
24 employee, including interest; and
25 (2) municipality credits based on such service,
26 including interest; and
27 (3) any interest paid by the applicant to reinstate
28 such service.
29 Participation in this Fund as to any credits transferred
30 under this Section shall terminate on the date of transfer.
31 (b) Any such investigator or inspector may reinstate
32 credits and creditable service terminated upon receipt of a
33 separation benefit, by paying to the Fund the amount of the
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1 separation benefit plus interest thereon at the rate of 6%
2 per year to the date of payment.
3 (Source: P.A. 87-1265.)"; and
4 in Section 5, by inserting after the end of Sec. 11-160.1 the
5 following:
6 "(40 ILCS 5/14-104) (from Ch. 108 1/2, par. 14-104)
7 Sec. 14-104. Service for which contributions permitted.
8 Contributions provided for in this Section shall cover the
9 period of service granted, and be based upon employee's
10 compensation and contribution rate in effect on the date he
11 last became a member of the System; provided that for all
12 employment prior to January 1, 1969 the contribution rate
13 shall be that in effect for a noncovered employee on the date
14 he last became a member of the System. Contributions
15 permitted under this Section shall include regular interest
16 from the date an employee last became a member of the System
17 to date of payment.
18 These contributions must be paid in full before
19 retirement either in a lump sum or in installment payments in
20 accordance with such rules as may be adopted by the board.
21 (a) Any member may make contributions as required in
22 this Section for any period of service, subsequent to the
23 date of establishment, but prior to the date of membership.
24 (b) Any employee who had been previously excluded from
25 membership because of age at entry and subsequently became
26 eligible may elect to make contributions as required in this
27 Section for the period of service during which he was
28 ineligible.
29 (c) An employee of the Department of Insurance who,
30 after January 1, 1944 but prior to becoming eligible for
31 membership, received salary from funds of insurance companies
32 in the process of rehabilitation, liquidation, conservation
33 or dissolution, may elect to make contributions as required
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1 in this Section for such service.
2 (d) Any employee who rendered service in a State office
3 to which he was elected, or rendered service in the elective
4 office of Clerk of the Appellate Court prior to the date he
5 became a member, may make contributions for such service as
6 required in this Section. Any member who served by
7 appointment of the Governor under the Civil Administrative
8 Code of Illinois and did not participate in this System may
9 make contributions as required in this Section for such
10 service.
11 (e) Any person employed by the United States government
12 or any instrumentality or agency thereof from January 1, 1942
13 through November 15, 1946 as the result of a transfer from
14 State service by executive order of the President of the
15 United States shall be entitled to prior service credit
16 covering the period from January 1, 1942 through December 31,
17 1943 as provided for in this Article and to membership
18 service credit for the period from January 1, 1944 through
19 November 15, 1946 by making the contributions required in
20 this Section. A person so employed on January 1, 1944 but
21 whose employment began after January 1, 1942 may qualify for
22 prior service and membership service credit under the same
23 conditions.
24 (f) An employee of the Department of Labor of the State
25 of Illinois who performed services for and under the
26 supervision of that Department prior to January 1, 1944 but
27 who was compensated for those services directly by federal
28 funds and not by a warrant of the Auditor of Public Accounts
29 paid by the State Treasurer may establish credit for such
30 employment by making the contributions required in this
31 Section. An employee of the Department of Agriculture of the
32 State of Illinois, who performed services for and under the
33 supervision of that Department prior to June 1, 1963, but was
34 compensated for those services directly by federal funds and
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1 not paid by a warrant of the Auditor of Public Accounts paid
2 by the State Treasurer, and who did not contribute to any
3 other public employee retirement system for such service, may
4 establish credit for such employment by making the
5 contributions required in this Section.
6 (g) Any employee who executed a waiver of membership
7 within 60 days prior to January 1, 1944 may, at any time
8 while in the service of a department, file with the board a
9 rescission of such waiver. Upon making the contributions
10 required by this Section, the member shall be granted the
11 creditable service that would have been received if the
12 waiver had not been executed.
13 (h) Until May 1, 1990, an employee who was employed on a
14 full-time basis by a regional planning commission for at
15 least 5 continuous years may establish creditable service for
16 such employment by making the contributions required under
17 this Section, provided that any credits earned by the
18 employee in the commission's retirement plan have been
19 terminated.
20 (i) Any person who rendered full time contractual
21 services to the General Assembly as a member of a legislative
22 staff may establish service credit for up to 8 years of such
23 services by making the contributions required under this
24 Section, provided that application therefor is made not later
25 than July 1, 1991.
26 (j) By paying the contributions otherwise required under
27 this Section, plus an amount determined by the Board to be
28 equal to the employer's normal cost of the benefit plus
29 interest, an employee may establish service credit for a
30 period of up to 2 years spent in active military service for
31 which he does not qualify for credit under Section 14-105,
32 provided that (1) he was not dishonorably discharged from
33 such military service, and (2) the amount of service credit
34 established by a member under this subsection (j), when added
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1 to the amount of military service credit granted to the
2 member under subsection (b) of Section 14-105, shall not
3 exceed 5 years.
4 (k) An employee who was employed on a full-time basis by
5 the Illinois State's Attorneys Association Statewide
6 Appellate Assistance Service LEAA-ILEC grant project prior to
7 the time that project became the State's Attorneys Appellate
8 Service Commission, now the Office of the State's Attorneys
9 Appellate Prosecutor, an agency of State government, may
10 establish creditable service for not more than 60 months
11 service for such employment by making contributions required
12 under this Section.
13 (l) By paying the contributions otherwise required under
14 this Section, plus an amount determined by the Board to be
15 equal to the employer's normal cost of the benefit plus
16 interest, a member may establish service credit for periods
17 of less than one year spent on authorized leave of absence
18 from service, provided that (1) the period of leave began on
19 or after January 1, 1992 and (2) any credit established by
20 the member for the period of leave in any other public
21 employee retirement system has been terminated. A member may
22 establish service credit under this subsection for more than
23 one period of authorized leave, and in that case the total
24 period of service credit established by the member under this
25 subsection may exceed one year.
26 (Source: P.A. 86-273; 86-1488; 87-794; 87-895; 87-1265.)
27 (40 ILCS 5/14-104.10 new)
28 Sec. 14-104.10. Federal employment. A contributing
29 employee may establish additional service credit for a period
30 of up to 5 years of employment by the United States federal
31 government for which he or she does not qualify for credit
32 under any other provision of this Article, provided that (1)
33 the amount of service credit established by the person under
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1 this Section, when added to the amount of all military
2 service credit granted to the person under this Article,
3 shall not exceed 5 years, and (2) any credit received for the
4 federal employment in any federal or other public pension
5 fund or retirement system has been terminated or
6 relinquished.
7 In order to establish service credit under this Section,
8 the applicant must submit a written application to the
9 System, including such documentation of the federal
10 employment as the Board may require, and pay to the System
11 (1) employee contributions at the rates provided in this
12 Article based upon the person's salary on the last day as a
13 participating employee prior to the federal employment, or on
14 the first day as a participating employee after the federal
15 employment, whichever is greater, plus (2) an amount
16 determined by the Board to be equal to the employer's normal
17 cost of the benefits accrued for the federal employment, plus
18 (3) regular interest on items (1) and (2) from the date of
19 conclusion of the federal service to the date of payment.
20 Contributions must be paid in a single lump sum before the
21 credit is granted. Credit established under this Section may
22 be used for pension purposes only.
23 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
24 (Text of Section before amendment by P.A. 89-507)
25 Sec. 14-110. Alternative retirement annuity.
26 (a) Any member who has withdrawn from service with not
27 less than 20 years of eligible creditable service and has
28 attained age 55, and any member who has withdrawn from
29 service with not less than 25 years of eligible creditable
30 service and has attained age 50, regardless of whether the
31 attainment of either of the specified ages occurs while the
32 member is still in service, shall be entitled to receive at
33 the option of the member, in lieu of the regular or minimum
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1 retirement annuity, a retirement annuity computed as
2 follows:
3 (i) for periods of service as a noncovered
4 employee, 2 1/4% of final average compensation for each
5 of the first 10 years of creditable service, 2 1/2% for
6 each year above 10 years to and including 20 years of
7 creditable service, and 2 3/4% for each year of
8 creditable service above 20 years; and
9 (ii) for periods of eligible creditable service as
10 a covered employee, 1.67% of final average compensation
11 for each of the first 10 years of such service, 1.90% for
12 each of the next 10 years of such service, 2.10% for each
13 year of such service in excess of 20 but not exceeding
14 30, and 2.30% for each year in excess of 30.
15 Such annuity shall be subject to a maximum of 75% of
16 final average compensation. These rates shall not be
17 applicable to any service performed by a member as a covered
18 employee which is not eligible creditable service. Service
19 as a covered employee which is not eligible creditable
20 service shall be subject to the rates and provisions of
21 Section 14-108.
22 (b) For the purpose of this Section, "eligible
23 creditable service" means creditable service resulting from
24 service in one or more of the following positions:
25 (1) State policeman;
26 (2) fire fighter in the fire protection service of
27 a department;
28 (3) air pilot;
29 (4) special agent;
30 (5) investigator for the Secretary of State;
31 (6) conservation police officer;
32 (7) investigator for the Department of Revenue;
33 (8) security employee of the Department of Mental
34 Health and Developmental Disabilities;
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1 (9) Central Management Services security police
2 officer;
3 (10) security employee of the Department of
4 Corrections;
5 (11) dangerous drugs investigator;
6 (12) investigator for the Department of State
7 Police;
8 (13) investigator for the Office of the Attorney
9 General;
10 (14) controlled substance inspector;
11 (15) investigator for the Office of the State's
12 Attorneys Appellate Prosecutor;
13 (16) Commerce Commission police officer.
14 A person employed in one of the positions specified in
15 this subsection is entitled to eligible creditable service
16 for service credit earned under this Article while undergoing
17 the basic police training course approved by the Illinois
18 Local Governmental Law Enforcement Officers Training Board,
19 if completion of that training is required of persons serving
20 in that position. For the purposes of this Code, service
21 during the required basic police training course shall be
22 deemed performance of the duties of the specified position,
23 even though the person is not a sworn peace officer at the
24 time of the training.
25 (c) For the purposes of this Section:
26 (1) The term "state policeman" includes any title
27 or position in the Department of State Police that is
28 held by an individual employed under the State Police
29 Act.
30 (2) The term "fire fighter in the fire protection
31 service of a department" includes all officers in such
32 fire protection service including fire chiefs and
33 assistant fire chiefs.
34 (3) The term "air pilot" includes any employee
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1 whose official job description on file in the Department
2 of Central Management Services, or in the department by
3 which he is employed if that department is not covered by
4 the Personnel Code, states that his principal duty is the
5 operation of aircraft, and who possesses a pilot's
6 license; however, the change in this definition made by
7 this amendatory Act of 1983 shall not operate to exclude
8 any noncovered employee who was an "air pilot" for the
9 purposes of this Section on January 1, 1984.
10 (4) The term "special agent" means any person who
11 by reason of employment by the Division of Narcotic
12 Control, the Bureau of Investigation or, after July 1,
13 1977, the Division of Criminal Investigation, the
14 Division of Internal Investigation or any other Division
15 or organizational entity in the Department of State
16 Police is vested by law with duties to maintain public
17 order, investigate violations of the criminal law of this
18 State, enforce the laws of this State, make arrests and
19 recover property. The term "special agent" includes any
20 title or position in the Department of State Police that
21 is held by an individual employed under the State Police
22 Act.
23 (5) The term "investigator for the Secretary of
24 State" means any person employed by the Office of the
25 Secretary of State and vested with such investigative
26 duties as render him ineligible for coverage under the
27 Social Security Act by reason of Sections 218(d)(5)(A),
28 218(d)(8)(D) and 218(l)(1) of that Act.
29 A person who became employed as an investigator for
30 the Secretary of State between January 1, 1967 and
31 December 31, 1975, and who has served as such until
32 attainment of age 60, either continuously or with a
33 single break in service of not more than 3 years
34 duration, which break terminated before January 1, 1976,
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1 shall be entitled to have his retirement annuity
2 calculated in accordance with subsection (a),
3 notwithstanding that he has less than 20 years of credit
4 for such service.
5 (6) The term "Conservation Police Officer" means
6 any person employed by the Division of Law Enforcement of
7 the Department of Natural Resources and vested with such
8 law enforcement duties as render him ineligible for
9 coverage under the Social Security Act by reason of
10 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
11 that Act. The term "Conservation Police Officer"
12 includes the positions of Chief Conservation Police
13 Administrator and Assistant Conservation Police
14 Administrator.
15 (7) The term "investigator for the Department of
16 Revenue" means any person employed by the Department of
17 Revenue and vested with such investigative duties as
18 render him ineligible for coverage under the Social
19 Security Act by reason of Sections 218(d)(5)(A),
20 218(d)(8)(D) and 218(l)(1) of that Act.
21 (8) The term "security employee of the Department
22 of Mental Health and Developmental Disabilities" means
23 any person employed by the Department of Mental Health
24 and Developmental Disabilities who is employed at the
25 Chester Mental Health Center and has daily contact with
26 the residents thereof, or who is a mental health police
27 officer. "Mental health police officer" means any person
28 employed by the Department of Mental Health and
29 Developmental Disabilities who is vested with such law
30 enforcement duties as render him ineligible for coverage
31 under the Social Security Act by reason of Sections
32 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
33 (9) "Central Management Services security police
34 officer" means any person employed by the Department of
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1 Central Management Services who is vested with such law
2 enforcement duties as render him ineligible for coverage
3 under the Social Security Act by reason of Sections
4 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
5 (10) The term "security employee of the Department
6 of Corrections" means any employee of the Department of
7 Corrections or the former Department of Personnel, and
8 any member or employee of the Prisoner Review Board, who
9 has daily contact with inmates by working within a
10 correctional facility or who is a parole officer or an
11 employee who has direct contact with committed persons in
12 the performance of his or her job duties.
13 (11) The term "dangerous drugs investigator" means
14 any person who is employed as such by the Department of
15 Alcoholism and Substance Abuse.
16 (12) The term "investigator for the Department of
17 State Police" means a person employed by the Department
18 of State Police who is vested under Section 4 of the
19 Narcotic Control Division Abolition Act with such law
20 enforcement powers as render him ineligible for coverage
21 under the Social Security Act by reason of Sections
22 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
23 (13) "Investigator for the Office of the Attorney
24 General" means any person who is employed as such by the
25 Office of the Attorney General and is vested with such
26 investigative duties as render him ineligible for
27 coverage under the Social Security Act by reason of
28 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
29 Act. For the period before January 1, 1989, the term
30 includes all persons who were employed as investigators
31 by the Office of the Attorney General, without regard to
32 social security status.
33 (14) "Controlled substance inspector" means any
34 person who is employed as such by the Department of
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1 Professional Regulation and is vested with such law
2 enforcement duties as render him ineligible for coverage
3 under the Social Security Act by reason of Sections
4 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
5 The term "controlled substance inspector" includes the
6 Program Executive of Enforcement and the Assistant
7 Program Executive of Enforcement.
8 (15) The term "investigator for the Office of the
9 State's Attorneys Appellate Prosecutor" means a person
10 employed in that capacity on a full time basis under the
11 authority of Section 7.06 of the State's Attorneys
12 Appellate Prosecutor's Act.
13 (16) "Commerce Commission police officer" means any
14 person employed by the Illinois Commerce Commission who
15 is vested with such law enforcement duties as render him
16 ineligible for coverage under the Social Security Act by
17 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
18 218(l)(1) of that Act.
19 (d) A security employee of the Department of
20 Corrections, and a security employee of the Department of
21 Mental Health and Developmental Disabilities who is not a
22 mental health police officer, shall not be eligible for the
23 alternative retirement annuity provided by this Section
24 unless he or she meets the following minimum age and service
25 requirements at the time of retirement:
26 (i) 25 years of eligible creditable service and age
27 55; or
28 (ii) beginning January 1, 1987, 25 years of
29 eligible creditable service and age 54, or 24 years of
30 eligible creditable service and age 55; or
31 (iii) beginning January 1, 1988, 25 years of
32 eligible creditable service and age 53, or 23 years of
33 eligible creditable service and age 55; or
34 (iv) beginning January 1, 1989, 25 years of
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1 eligible creditable service and age 52, or 22 years of
2 eligible creditable service and age 55; or
3 (v) beginning January 1, 1990, 25 years of eligible
4 creditable service and age 51, or 21 years of eligible
5 creditable service and age 55; or
6 (vi) beginning January 1, 1991, 25 years of
7 eligible creditable service and age 50, or 20 years of
8 eligible creditable service and age 55.
9 Persons who have service credit under Article 16 of this
10 Code for service as a security employee of the Department of
11 Corrections in a position requiring certification as a
12 teacher may count such service toward establishing their
13 eligibility under the service requirements of this Section;
14 but such service may be used only for establishing such
15 eligibility, and not for the purpose of increasing or
16 calculating any benefit.
17 (e) If a member enters military service while working in
18 a position in which eligible creditable service may be
19 earned, and returns to State service in the same or another
20 such position, and fulfills in all other respects the
21 conditions prescribed in this Article for credit for military
22 service, such military service shall be credited as eligible
23 creditable service for the purposes of the retirement annuity
24 prescribed in this Section.
25 (f) For purposes of calculating retirement annuities
26 under this Section, periods of service rendered after
27 December 31, 1968 and before October 1, 1975 as a covered
28 employee in the position of special agent, conservation
29 police officer, mental health police officer, or investigator
30 for the Secretary of State, shall be deemed to have been
31 service as a noncovered employee, provided that the employee
32 pays to the System prior to retirement an amount equal to (1)
33 the difference between the employee contributions that would
34 have been required for such service as a noncovered employee,
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1 and the amount of employee contributions actually paid, plus
2 (2) if payment is made after July 31, 1987, regular interest
3 on the amount specified in item (1) from the date of service
4 to the date of payment.
5 For purposes of calculating retirement annuities under
6 this Section, periods of service rendered after December 31,
7 1968 and before January 1, 1982 as a covered employee in the
8 position of investigator for the Department of Revenue shall
9 be deemed to have been service as a noncovered employee,
10 provided that the employee pays to the System prior to
11 retirement an amount equal to (1) the difference between the
12 employee contributions that would have been required for such
13 service as a noncovered employee, and the amount of employee
14 contributions actually paid, plus (2) if payment is made
15 after January 1, 1990, regular interest on the amount
16 specified in item (1) from the date of service to the date of
17 payment.
18 (g) A State policeman may elect, not later than January
19 1, 1990, to establish eligible creditable service for up to
20 10 years of his service as a policeman under Article 3, by
21 filing a written election with the Board, accompanied by
22 payment of an amount to be determined by the Board, equal to
23 (i) the difference between the amount of employee and
24 employer contributions transferred to the System under
25 Section 3-110.5, and the amounts that would have been
26 contributed had such contributions been made at the rates
27 applicable to State policemen, plus (ii) interest thereon at
28 the effective rate for each year, compounded annually, from
29 the date of service to the date of payment.
30 Subject to the limitation in subsection (i), a State
31 policeman may elect, not later than July 1, 1993, to
32 establish eligible creditable service for up to 10 years of
33 his service as a member of the County Police Department under
34 Article 9, by filing a written election with the Board,
-19- LRB9004280EGfgam09
1 accompanied by payment of an amount to be determined by the
2 Board, equal to (i) the difference between the amount of
3 employee and employer contributions transferred to the System
4 under Section 9-121.10 and the amounts that would have been
5 contributed had those contributions been made at the rates
6 applicable to State policemen, plus (ii) interest thereon at
7 the effective rate for each year, compounded annually, from
8 the date of service to the date of payment.
9 (h) Subject to the limitation in subsection (i), a State
10 policeman or investigator for the Secretary of State may
11 elect to establish eligible creditable service for up to 12
12 years of his service as a policeman under Article 5, by
13 filing a written election with the Board on or before January
14 31, 1992, and paying to the System by January 31, 1994 an
15 amount to be determined by the Board, equal to (i) the
16 difference between the amount of employee and employer
17 contributions transferred to the System under Section 5-236,
18 and the amounts that would have been contributed had such
19 contributions been made at the rates applicable to State
20 policemen, plus (ii) interest thereon at the effective rate
21 for each year, compounded annually, from the date of service
22 to the date of payment.
23 Subject to the limitation in subsection (i), a State
24 policeman, conservation police officer, or investigator for
25 the Secretary of State may elect to establish eligible
26 creditable service for up to 10 years of service as a
27 sheriff's law enforcement employee under Article 7, by filing
28 a written election with the Board on or before January 31,
29 1993, and paying to the System by January 31, 1994 an amount
30 to be determined by the Board, equal to (i) the difference
31 between the amount of employee and employer contributions
32 transferred to the System under Section 7-139.7, and the
33 amounts that would have been contributed had such
34 contributions been made at the rates applicable to State
-20- LRB9004280EGfgam09
1 policemen, plus (ii) interest thereon at the effective rate
2 for each year, compounded annually, from the date of service
3 to the date of payment.
4 (i) The total amount of eligible creditable service
5 established by any person under subsections (g), (h), and
6 (j), and (k) of this Section shall not exceed 12 years.
7 (j) Subject to the limitation in subsection (i), an
8 investigator for the Office of the State's Attorneys
9 Appellate Prosecutor or a controlled substance inspector may
10 elect to establish eligible creditable service for up to 10
11 years of his service as a policeman under Article 3 or a
12 sheriff's law enforcement employee under Article 7, by filing
13 a written election with the Board, accompanied by payment of
14 an amount to be determined by the Board, equal to (1) the
15 difference between the amount of employee and employer
16 contributions transferred to the System under Section 3-110.6
17 or 7-139.8, and the amounts that would have been contributed
18 had such contributions been made at the rates applicable to
19 State policemen, plus (2) interest thereon at the effective
20 rate for each year, compounded annually, from the date of
21 service to the date of payment.
22 (k) Subject to the limitation in subsection (i) of this
23 Section, a controlled substance inspector may elect, no later
24 than March 31, 1998, to establish eligible creditable service
25 for periods spent as a full time law enforcement officer
26 employed by the federal government or by a state, county, or
27 local government, for which credit is not held in any other
28 public employee pension fund or retirement system, by filing
29 a written election with the Board, accompanied by evidence of
30 eligibility acceptable to the Board, and payment of an amount
31 to be determined by the Board, equal to (i) the amount of
32 employee and employer contributions that would have been
33 contributed had those contributions been made during the
34 period for which credit is sought, based on the rates then
-21- LRB9004280EGfgam09
1 applicable and the salary received by the applicant upon
2 first entering service as a controlled substance inspector
3 after the period for which credit is sought, plus (ii)
4 interest thereon at the effective rate for each year,
5 compounded annually, from the date of service to the date of
6 payment.
7 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
8 (Text of Section after 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.
32 Such annuity shall be subject to a maximum of 75% of
33 final average compensation. These rates shall not be
34 applicable to any service performed by a member as a covered
-22- LRB9004280EGfgam09
1 employee which is not eligible creditable service. Service
2 as a covered employee which is not eligible creditable
3 service shall be subject to the rates and provisions of
4 Section 14-108.
5 (b) For the purpose of this Section, "eligible
6 creditable service" means creditable service resulting from
7 service in one or more of the following positions:
8 (1) State policeman;
9 (2) fire fighter in the fire protection service of
10 a department;
11 (3) air pilot;
12 (4) special agent;
13 (5) investigator for the Secretary of State;
14 (6) conservation police officer;
15 (7) investigator for the Department of Revenue;
16 (8) security employee of the Department of Human
17 Services;
18 (9) Central Management Services security police
19 officer;
20 (10) security employee of the Department of
21 Corrections;
22 (11) dangerous drugs investigator;
23 (12) investigator for the Department of State
24 Police;
25 (13) investigator for the Office of the Attorney
26 General;
27 (14) controlled substance inspector;
28 (15) investigator for the Office of the State's
29 Attorneys Appellate Prosecutor;
30 (16) Commerce Commission police officer.
31 A person employed in one of the positions specified in
32 this subsection is entitled to eligible creditable service
33 for service credit earned under this Article while undergoing
34 the basic police training course approved by the Illinois
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1 Local Governmental Law Enforcement Officers Training Board,
2 if completion of that training is required of persons serving
3 in that position. For the purposes of this Code, service
4 during the required basic police training course shall be
5 deemed performance of the duties of the specified position,
6 even though the person is not a sworn peace officer at the
7 time of the training.
8 (c) For the purposes of this Section:
9 (1) The term "state policeman" includes any title
10 or position in the Department of State Police that is
11 held by an individual employed under the State Police
12 Act.
13 (2) The term "fire fighter in the fire protection
14 service of a department" includes all officers in such
15 fire protection service including fire chiefs and
16 assistant fire chiefs.
17 (3) The term "air pilot" includes any employee
18 whose official job description on file in the Department
19 of Central Management Services, or in the department by
20 which he is employed if that department is not covered by
21 the Personnel Code, states that his principal duty is the
22 operation of aircraft, and who possesses a pilot's
23 license; however, the change in this definition made by
24 this amendatory Act of 1983 shall not operate to exclude
25 any noncovered employee who was an "air pilot" for the
26 purposes of this Section on January 1, 1984.
27 (4) The term "special agent" means any person who
28 by reason of employment by the Division of Narcotic
29 Control, the Bureau of Investigation or, after July 1,
30 1977, the Division of Criminal Investigation, the
31 Division of Internal Investigation or any other Division
32 or organizational entity in the Department of State
33 Police is vested by law with duties to maintain public
34 order, investigate violations of the criminal law of this
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1 State, enforce the laws of this State, make arrests and
2 recover property. The term "special agent" includes any
3 title or position in the Department of State Police that
4 is held by an individual employed under the State Police
5 Act.
6 (5) The term "investigator for the Secretary of
7 State" means any person employed by the Office of the
8 Secretary of State and vested with such investigative
9 duties as render him ineligible for coverage under the
10 Social Security Act by reason of Sections 218(d)(5)(A),
11 218(d)(8)(D) and 218(l)(1) of that Act.
12 A person who became employed as an investigator for
13 the Secretary of State between January 1, 1967 and
14 December 31, 1975, and who has served as such until
15 attainment of age 60, either continuously or with a
16 single break in service of not more than 3 years
17 duration, which break terminated before January 1, 1976,
18 shall be entitled to have his retirement annuity
19 calculated in accordance with subsection (a),
20 notwithstanding that he has less than 20 years of credit
21 for such service.
22 (6) The term "Conservation Police Officer" means
23 any person employed by the Division of Law Enforcement of
24 the Department of Natural Resources and vested with such
25 law enforcement duties as render him ineligible for
26 coverage under the Social Security Act by reason of
27 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
28 that Act. The term "Conservation Police Officer"
29 includes the positions of Chief Conservation Police
30 Administrator and Assistant Conservation Police
31 Administrator.
32 (7) The term "investigator for the Department of
33 Revenue" means any person employed by the Department of
34 Revenue and vested with such investigative duties as
-25- LRB9004280EGfgam09
1 render him ineligible for coverage under the Social
2 Security Act by reason of Sections 218(d)(5)(A),
3 218(d)(8)(D) and 218(l)(1) of that Act.
4 (8) The term "security employee of the Department
5 of Human Services" means any person employed by the
6 Department of Human Services who is employed at the
7 Chester Mental Health Center and has daily contact with
8 the residents thereof, or who is a mental health police
9 officer. "Mental health police officer" means any person
10 employed by the Department of Human Services in a
11 position pertaining to the Department's mental health and
12 developmental disabilities functions who is vested with
13 such law enforcement duties as render the person
14 ineligible for coverage under the Social Security Act by
15 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
16 218(l)(1) of that Act.
17 (9) "Central Management Services security police
18 officer" means any person employed by the Department of
19 Central Management Services who is vested with such law
20 enforcement duties as render him ineligible for coverage
21 under the Social Security Act by reason of Sections
22 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
23 (10) The term "security employee of the Department
24 of Corrections" means any employee of the Department of
25 Corrections or the former Department of Personnel, and
26 any member or employee of the Prisoner Review Board, who
27 has daily contact with inmates by working within a
28 correctional facility or who is a parole officer or an
29 employee who has direct contact with committed persons in
30 the performance of his or her job duties.
31 (11) The term "dangerous drugs investigator" means
32 any person who is employed as such by the Department of
33 Human Services.
34 (12) The term "investigator for the Department of
-26- LRB9004280EGfgam09
1 State Police" means a person employed by the Department
2 of State Police who is vested under Section 4 of the
3 Narcotic Control Division Abolition Act with such law
4 enforcement powers as render him ineligible for coverage
5 under the Social Security Act by reason of Sections
6 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
7 (13) "Investigator for the Office of the Attorney
8 General" means any person who is employed as such by the
9 Office of the Attorney General and is vested with such
10 investigative duties as render him ineligible for
11 coverage under the Social Security Act by reason of
12 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
13 Act. For the period before January 1, 1989, the term
14 includes all persons who were employed as investigators
15 by the Office of the Attorney General, without regard to
16 social security status.
17 (14) "Controlled substance inspector" means any
18 person who is employed as such by the Department of
19 Professional Regulation and is vested with such law
20 enforcement duties as render him ineligible for coverage
21 under the Social Security Act by reason of Sections
22 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
23 The term "controlled substance inspector" includes the
24 Program Executive of Enforcement and the Assistant
25 Program Executive of Enforcement.
26 (15) The term "investigator for the Office of the
27 State's Attorneys Appellate Prosecutor" means a person
28 employed in that capacity on a full time basis under the
29 authority of Section 7.06 of the State's Attorneys
30 Appellate Prosecutor's Act.
31 (16) "Commerce Commission police officer" means any
32 person employed by the Illinois Commerce Commission who
33 is vested with such law enforcement duties as render him
34 ineligible for coverage under the Social Security Act by
-27- LRB9004280EGfgam09
1 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
2 218(l)(1) of that Act.
3 (d) A security employee of the Department of
4 Corrections, and a security employee of the Department of
5 Human Services who is not a mental health police officer,
6 shall not be eligible for the alternative retirement annuity
7 provided by this Section unless he or she meets the following
8 minimum age and service requirements at the time of
9 retirement:
10 (i) 25 years of eligible creditable service and age
11 55; or
12 (ii) beginning January 1, 1987, 25 years of
13 eligible creditable service and age 54, or 24 years of
14 eligible creditable service and age 55; or
15 (iii) beginning January 1, 1988, 25 years of
16 eligible creditable service and age 53, or 23 years of
17 eligible creditable service and age 55; or
18 (iv) beginning January 1, 1989, 25 years of
19 eligible creditable service and age 52, or 22 years of
20 eligible creditable service and age 55; or
21 (v) beginning January 1, 1990, 25 years of eligible
22 creditable service and age 51, or 21 years of eligible
23 creditable service and age 55; or
24 (vi) beginning January 1, 1991, 25 years of
25 eligible creditable service and age 50, or 20 years of
26 eligible creditable service and age 55.
27 Persons who have service credit under Article 16 of this
28 Code for service as a security employee of the Department of
29 Corrections in a position requiring certification as a
30 teacher may count such service toward establishing their
31 eligibility under the service requirements of this Section;
32 but such service may be used only for establishing such
33 eligibility, and not for the purpose of increasing or
34 calculating any benefit.
-28- LRB9004280EGfgam09
1 (e) If a member enters military service while working in
2 a position in which eligible creditable service may be
3 earned, and returns to State service in the same or another
4 such position, and fulfills in all other respects the
5 conditions prescribed in this Article for credit for military
6 service, such military service shall be credited as eligible
7 creditable service for the purposes of the retirement annuity
8 prescribed in this Section.
9 (f) For purposes of calculating retirement annuities
10 under this Section, periods of service rendered after
11 December 31, 1968 and before October 1, 1975 as a covered
12 employee in the position of special agent, conservation
13 police officer, mental health police officer, or investigator
14 for the Secretary of State, shall be deemed to have been
15 service as a noncovered employee, provided that the employee
16 pays to the System prior to retirement an amount equal to (1)
17 the difference between the employee contributions that would
18 have been required for such service as a noncovered employee,
19 and the amount of employee contributions actually paid, plus
20 (2) if payment is made after July 31, 1987, regular interest
21 on the amount specified in item (1) from the date of service
22 to the date of payment.
23 For purposes of calculating retirement annuities under
24 this Section, periods of service rendered after December 31,
25 1968 and before January 1, 1982 as a covered employee in the
26 position of investigator for the Department of Revenue shall
27 be deemed to have been service as a noncovered employee,
28 provided that the employee pays to the System prior to
29 retirement an amount equal to (1) the difference between the
30 employee contributions that would have been required for such
31 service as a noncovered employee, and the amount of employee
32 contributions actually paid, plus (2) if payment is made
33 after January 1, 1990, regular interest on the amount
34 specified in item (1) from the date of service to the date of
-29- LRB9004280EGfgam09
1 payment.
2 (g) A State policeman may elect, not later than January
3 1, 1990, to establish eligible creditable service for up to
4 10 years of his service as a policeman under Article 3, by
5 filing a written election with the Board, accompanied by
6 payment of an amount to be determined by the Board, equal to
7 (i) the difference between the amount of employee and
8 employer contributions transferred to the System under
9 Section 3-110.5, and the amounts that would have been
10 contributed had such contributions been made at the rates
11 applicable to State policemen, plus (ii) interest thereon at
12 the effective rate for each year, compounded annually, from
13 the date of service to the date of payment.
14 Subject to the limitation in subsection (i), a State
15 policeman may elect, not later than July 1, 1993, to
16 establish eligible creditable service for up to 10 years of
17 his service as a member of the County Police Department under
18 Article 9, by filing a written election with the Board,
19 accompanied by payment of an amount to be determined by the
20 Board, equal to (i) the difference between the amount of
21 employee and employer contributions transferred to the System
22 under Section 9-121.10 and the amounts that would have been
23 contributed had those contributions been made at the rates
24 applicable to State policemen, plus (ii) interest thereon at
25 the effective rate for each year, compounded annually, from
26 the date of service to the date of payment.
27 (h) Subject to the limitation in subsection (i), a State
28 policeman or investigator for the Secretary of State may
29 elect to establish eligible creditable service for up to 12
30 years of his service as a policeman under Article 5, by
31 filing a written election with the Board on or before January
32 31, 1992, and paying to the System by January 31, 1994 an
33 amount to be determined by the Board, equal to (i) the
34 difference between the amount of employee and employer
-30- LRB9004280EGfgam09
1 contributions transferred to the System under Section 5-236,
2 and the amounts that would have been contributed had such
3 contributions been made at the rates applicable to State
4 policemen, plus (ii) interest thereon at the effective rate
5 for each year, compounded annually, from the date of service
6 to the date of payment.
7 Subject to the limitation in subsection (i), a State
8 policeman, conservation police officer, or investigator for
9 the Secretary of State may elect to establish eligible
10 creditable service for up to 10 years of service as a
11 sheriff's law enforcement employee under Article 7, by filing
12 a written election with the Board on or before January 31,
13 1993, and paying to the System by January 31, 1994 an amount
14 to be determined by the Board, equal to (i) the difference
15 between the amount of employee and employer contributions
16 transferred to the System under Section 7-139.7, and the
17 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 (i) The total amount of eligible creditable service
23 established by any person under subsections (g), (h), and
24 (j), and (k) of this Section shall not exceed 12 years.
25 (j) Subject to the limitation in subsection (i), an
26 investigator for the Office of the State's Attorneys
27 Appellate Prosecutor or a controlled substance inspector may
28 elect to establish eligible creditable service for up to 10
29 years of his service as a policeman under Article 3 or a
30 sheriff's law enforcement employee under Article 7, by filing
31 a written election with the Board, accompanied by payment of
32 an amount to be determined by the Board, equal to (1) the
33 difference between the amount of employee and employer
34 contributions transferred to the System under Section 3-110.6
-31- LRB9004280EGfgam09
1 or 7-139.8, and the amounts that would have been contributed
2 had such contributions been made at the rates applicable to
3 State policemen, plus (2) interest thereon at the effective
4 rate for each year, compounded annually, from the date of
5 service to the date of payment.
6 (k) Subject to the limitation in subsection (i) of this
7 Section, a controlled substance inspector may elect, no later
8 than March 31, 1998, to establish eligible creditable service
9 for periods spent as a full time law enforcement officer
10 employed by the federal government or by a state, county, or
11 local government, for which credit is not held in any other
12 public employee pension fund or retirement system, by filing
13 a written election with the Board, accompanied by evidence of
14 eligibility acceptable to the Board, and payment of an amount
15 to be determined by the Board, equal to (i) the amount of
16 employee and employer contributions that would have been
17 contributed had those contributions been made during the
18 period for which credit is sought, based on the rates then
19 applicable and the salary received by the applicant upon
20 first entering service as a controlled substance inspector
21 after the period for which credit is sought, plus (ii)
22 interest thereon at the effective rate for each year,
23 compounded annually, from the date of service to the date of
24 payment.
25 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
26 89-507, eff. 7-1-97.)
27 (40 ILCS 5/15-157) (from Ch. 108 1/2, par. 15-157)
28 Sec. 15-157. Employee Contributions.
29 (a) Each participating employee shall make contributions
30 towards the retirement annuity of each payment of earnings
31 applicable to employment under this system on and after the
32 date of becoming a participant as follows: Prior to
33 September 1, 1949, 3 1/2% of earnings; from September 1, 1949
-32- LRB9004280EGfgam09
1 to August 31, 1955, 5%; from September 1, 1955 to August 31,
2 1969, 6%; from September 1, 1969, 6 1/2%. These
3 contributions are to be considered as normal contributions
4 for purposes of this Article.
5 Each participant who is a police officer or firefighter
6 shall make normal contributions of 8% of each payment of
7 earnings applicable to employment as a police officer or
8 firefighter under this system on or after September 1, 1981,
9 unless he or she files with the board within 60 days after
10 the effective date of this amendatory Act of 1991 or 60 days
11 after the board receives notice that he or she is employed as
12 a police officer or firefighter, whichever is later, a
13 written notice waiving the retirement formula provided by
14 Rule 4 of Section 15-136. This waiver shall be irrevocable.
15 If a participant had met the conditions set forth in Section
16 15-132.1 prior to the effective date of this amendatory Act
17 of 1991 but failed to make the additional normal
18 contributions required by this paragraph, he or she may elect
19 to pay the additional contributions plus compound interest at
20 the effective rate. If such payment is received by the
21 board, the service shall be considered as police officer
22 service in calculating the retirement annuity under Rule 4 of
23 Section 15-136.
24 (b) Starting September 1, 1969, each participating
25 employee shall make additional contributions of 1/2 of 1% of
26 earnings to finance a portion of the cost of the annual
27 increases in retirement annuity provided under Section
28 15-136.
29 (c) Each participating employee shall make survivors
30 insurance contributions of 1% of earnings applicable under
31 this system on and after August 1, 1959. Contributions in
32 excess of $80 during any fiscal year beginning August 31,
33 1969 and in excess of $120 during any fiscal year thereafter
34 until September 1, 1971 shall be considered as additional
-33- LRB9004280EGfgam09
1 contributions for purposes of this Article.
2 (d) If the board by board rule so permits and subject to
3 such conditions and limitations as may be specified in its
4 rules, a participant may make other additional contributions
5 of such percentage of earnings or amounts as the participant
6 shall elect in a written notice thereof received by the
7 board.
8 (e) That fraction of a participant's total accumulated
9 normal contributions, the numerator of which is equal to the
10 number of years of service in excess of that which is
11 required to qualify for the maximum retirement annuity, and
12 the denominator of which is equal to the total service of the
13 participant, shall be considered as accumulated additional
14 contributions. The determination of the applicable maximum
15 annuity and the adjustment in contributions required by this
16 provision shall be made as of the date of the participant's
17 retirement.
18 (f) Notwithstanding the foregoing, a participating
19 employee shall not be required to make contributions under
20 this Section after the date upon which continuance of such
21 contributions would otherwise cause his or her retirement
22 annuity to exceed the maximum retirement annuity as specified
23 in clause (1) of subsection (c) of Section 15-136.
24 (g) A participating employee may make contributions for
25 the purchase of service credit under this Article.
26 (Source: P.A. 86-272; 86-1488.)
27 (40 ILCS 5/15-157.1) (from Ch. 108 1/2, par. 15-157.1)
28 Sec. 15-157.1. Pickup Pick up of employee contributions.
29 (a) Each employer shall pick up the employee
30 contributions required under subsections (a), (b), and (c) of
31 Section 15-157 for all earnings payments made on and after
32 January 1, 1981, and the contributions so picked up shall be
33 treated as employer contributions in determining tax
-34- LRB9004280EGfgam09
1 treatment under the United States Internal Revenue Code.
2 These contributions shall not be included as gross income of
3 the participant until such time as they are distributed or
4 made available. The employer shall pay these employee
5 contributions from the same source of funds which is used in
6 paying earnings to the employee. The employer may pick up
7 these contributions by a reduction in the cash salary of the
8 participants, or by an offset against a future salary
9 increase, or by a combination of a reduction in salary and
10 offset against a future salary increase.
11 (b) Subject to the requirements of federal law, a
12 participating employee may elect to have the employer pick up
13 optional contributions that the participant has elected to
14 pay to the System under Section 15-157(g), and the
15 contributions so picked up shall be treated as employer
16 contributions for the purposes of determining federal tax
17 treatment under the federal Internal Revenue Code of 1986.
18 These contributions shall not be included as gross income of
19 the participant until such time as they are distributed or
20 made available. The employer shall pick up the contributions
21 by a reduction in the cash salary of the participant and
22 shall pay the contributions from the same source of funds
23 that is used to pay earnings to the participant. The
24 election to have optional contributions picked up is
25 irrevocable.
26 (Source: P.A. 83-1440.)
27 (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
28 Sec. 16-127. Computation of creditable service.
29 (a) Each member shall receive regular credit for all
30 service as a teacher from the date membership begins, for
31 which satisfactory evidence is supplied and all contributions
32 have been paid.
33 (b) The following periods of service shall earn optional
-35- LRB9004280EGfgam09
1 credit and each member shall receive credit for all such
2 service for which satisfactory evidence is supplied and all
3 contributions have been paid as of the date specified:
4 (1) Prior service as a teacher.
5 (2) Service in a capacity essentially similar or
6 equivalent to that of a teacher, in the public common
7 schools in school districts in this State not included
8 within the provisions of this System, or of any other
9 State, territory, dependency or possession of the United
10 States, or in schools operated by or under the auspices
11 of the United States, or under the auspices of any agency
12 or department of any other State, and service during any
13 period of professional speech correction or special
14 education experience for a public agency within this
15 State or any other State, territory, dependency or
16 possession of the United States, and service prior to
17 February 1, 1951 as a recreation worker for the Illinois
18 Department of Public Safety, for a period not exceeding
19 the lesser of 2/5 of the total creditable service of the
20 member or 10 years. The maximum service of 10 years
21 which is allowable under this paragraph shall be reduced
22 by the service credit which is validated by other
23 retirement systems under paragraph (i) of Section 15-113
24 and paragraph 1 of Section 17-133. Credit granted under
25 this paragraph may not be used in determination of a
26 retirement annuity or disability benefits unless the
27 member has at least 5 years of creditable service earned
28 subsequent to this employment with one or more of the
29 following systems: Teachers' Retirement System of the
30 State of Illinois, State Universities Retirement System,
31 and the Public School Teachers' Pension and Retirement
32 Fund of Chicago. Whenever such service credit exceeds
33 the maximum allowed for all purposes of this Article, the
34 first service rendered in point of time shall be
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1 considered. The changes to this subdivision (b)(2) made
2 by Public Act 86-272 shall apply not only to persons who
3 on or after its effective date (August 23, 1989) are in
4 service as a teacher under the System, but also to
5 persons whose status as such a teacher terminated prior
6 to such effective date, whether or not such person is an
7 annuitant on that date.
8 (3) Any periods immediately following teaching
9 service, under this System or under Article 17, (or
10 immediately following service prior to February 1, 1951
11 as a recreation worker for the Illinois Department of
12 Public Safety) spent in active service with the military
13 forces of the United States; periods spent in educational
14 programs that prepare for return to teaching sponsored by
15 the federal government following such active military
16 service; if a teacher returns to teaching service within
17 one calendar year after discharge or after the completion
18 of the educational program, a further period, not
19 exceeding one calendar year, between time spent in
20 military service or in such educational programs and the
21 return to employment as a teacher under this System; and
22 a period of up to 2 years of active military service not
23 immediately following employment as a teacher.
24 The changes to this Section and Section 16-128
25 relating to military service made by P.A. 87-794 shall
26 apply not only to persons who on or after its effective
27 date are in service as a teacher under the System, but
28 also to persons whose status as a teacher terminated
29 prior to that date, whether or not the person is an
30 annuitant on that date. In the case of an annuitant who
31 applies for credit allowable under this Section for a
32 period of military service that did not immediately
33 follow employment, and who has made the required
34 contributions for such credit, the annuity shall be
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1 recalculated to include the additional service credit,
2 with the increase taking effect on the date the System
3 received written notification of the annuitant's intent
4 to purchase the credit, if payment of all the required
5 contributions is made within 60 days of such notice, or
6 else on the first annuity payment date following the date
7 of payment of the required contributions. In calculating
8 the automatic annual increase for an annuity that has
9 been recalculated under this Section, the increase
10 attributable to the additional service allowable under
11 P.A. 87-794 shall be included in the calculation of
12 automatic annual increases accruing after the effective
13 date of the recalculation.
14 Credit for military service shall be determined as
15 follows: if entry occurs during the months of July,
16 August, or September and the member was a teacher at the
17 end of the immediately preceding school term, credit
18 shall be granted from July 1 of the year in which he or
19 she entered service; if entry occurs during the school
20 term and the teacher was in teaching service at the
21 beginning of the school term, credit shall be granted
22 from July 1 of such year. In all other cases where credit
23 for military service is allowed, credit shall be granted
24 from the date of entry into the service.
25 The total period of military service for which
26 credit is granted shall not exceed 5 years for any member
27 unless the service: (A) is validated before July 1,
28 1964, and (B) does not extend beyond July 1, 1963.
29 Credit for military service shall be granted under this
30 Section only if not more than 5 years of the military
31 service for which credit is granted under this Section is
32 used by the member to qualify for a military retirement
33 allotment from any branch of the armed forces of the
34 United States. The changes to this subdivision (b)(3)
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1 made by Public Act 86-272 shall apply not only to persons
2 who on or after its effective date (August 23, 1989) are
3 in service as a teacher under the System, but also to
4 persons whose status as such a teacher terminated prior
5 to such effective date, whether or not such person is an
6 annuitant on that date.
7 (4) Any periods served as a member of the General
8 Assembly.
9 (5)(i) Any periods for which a teacher, as defined
10 in Section 16-106, is granted a leave of absence,
11 provided he or she returns to teaching service creditable
12 under this System or the State Universities Retirement
13 System following the leave; (ii) periods during which a
14 teacher is involuntarily laid off from teaching, provided
15 he or she returns to teaching following the lay-off; and
16 (iii) periods prior to July 1, 1983 during which a
17 teacher ceased covered employment due to pregnancy,
18 provided that the teacher returned to teaching service
19 creditable under this System or the State Universities
20 Retirement System following the pregnancy and submits
21 evidence satisfactory to the Board documenting that the
22 employment ceased due to pregnancy; and (iv) periods
23 prior to July 1, 1983 during which a teacher ceased
24 covered employment for the purpose of adopting an infant
25 or caring for a newly adopted infant, provided that the
26 teacher returned to teaching service creditable under
27 this System or the State Universities Retirement System
28 within one year following the adoption and submits
29 evidence satisfactory to the Board documenting that the
30 employment ceased for the purpose of adopting an infant
31 or caring for a newly adopted infant. However, total
32 credit under this paragraph (5) may not exceed 3 years.
33 Any qualified member or annuitant may apply for
34 credit under item (iii) or (iv) of this paragraph (5)
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1 without regard to whether service was terminated before
2 the effective date of this amendatory Act of 1997 1995.
3 In the case of an annuitant who establishes credit under
4 item (iii) or (iv), the annuity shall be recalculated to
5 include the additional service credit. The increase in
6 annuity shall take effect on the date the System receives
7 written notification of the annuitant's intent to
8 purchase the credit, if the required evidence is
9 submitted and the required contribution paid within 60
10 days of that notification, otherwise on the first annuity
11 payment date following the System's receipt of the
12 required evidence and contribution. The increase in an
13 annuity recalculated under this provision shall be
14 included in the calculation of automatic annual increases
15 in the annuity accruing after the effective date of the
16 recalculation.
17 Optional credit may be purchased under this
18 subsection (b)(5) for periods during which a teacher has
19 been granted a leave of absence pursuant to Section 24-13
20 of the School Code. A teacher whose service under this
21 Article terminated prior to the effective date of P.A.
22 86-1488 shall be eligible to purchase such optional
23 credit. If a teacher who purchases this optional credit
24 is already receiving a retirement annuity under this
25 Article, the annuity shall be recalculated as if the
26 annuitant had applied for the leave of absence credit at
27 the time of retirement. The difference between the
28 entitled annuity and the actual annuity shall be credited
29 to the purchase of the optional credit. The remainder of
30 the purchase cost of the optional credit shall be paid on
31 or before April 1, 1992.
32 The change in this paragraph made by Public Act
33 86-273 shall be applicable to teachers who retire after
34 June 1, 1989, as well as to teachers who are in service
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1 on that date.
2 (6) Any days of unused and uncompensated
3 accumulated sick leave earned by a teacher. The service
4 credit granted under this paragraph shall be the ratio of
5 the number of unused and uncompensated accumulated sick
6 leave days to 170 days, subject to a maximum of one year
7 of service credit. Prior to the member's retirement,
8 each former employer shall certify to the System the
9 number of unused and uncompensated accumulated sick leave
10 days credited to the member at the time of termination of
11 service. The period of unused sick leave shall not be
12 considered in determining the effective date of
13 retirement. A member is not required to make
14 contributions in order to obtain service credit for
15 unused sick leave.
16 Credit for sick leave shall, at retirement, be
17 granted by the System for any retiring regional or
18 assistant regional superintendent of schools at the rate
19 of 6 days per year of creditable service or portion
20 thereof established while serving as such superintendent
21 or assistant superintendent.
22 (7) Periods prior to February 1, 1987 served as an
23 employee of the Illinois Mathematics and Science Academy
24 for which credit has not been terminated under Section
25 15-113.9 of this Code.
26 (8) Service as a substitute teacher for work
27 performed prior to July 1, 1990.
28 (9) Service as a part-time teacher for work
29 performed prior to July 1, 1990.
30 (10) Up to 2 years of employment with Southern
31 Illinois University - Carbondale from September 1, 1959
32 to August 31, 1961, or with Governors State University
33 from September 1, 1972 to August 31, 1974, for which the
34 teacher has no credit under Article 15. To receive
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1 credit under this item (10), a teacher must apply in
2 writing to the Board and pay the required contributions
3 before May 1, 1993 and have at least 12 years of service
4 credit under this Article.
5 (c) The service credits specified in this Section shall
6 be granted only if: (1) such service credits are not used
7 for credit in any other statutory tax-supported public
8 employee retirement system other than the federal Social
9 Security program; and (2) the member makes the required
10 contributions as specified in Section 16-128. The service
11 credit shall be effective as of the date the required
12 contributions are completed.
13 Any service credits granted under this Section shall
14 terminate upon cessation of membership for any cause.
15 Credit may not be granted under this Section covering any
16 period for which an age retirement or disability retirement
17 allowance has been paid.
18 (Source: P.A. 88-45; 89-430, eff. 12-15-95.)
19 (40 ILCS 5/16-141) (from Ch. 108 1/2, par. 16-141)
20 Sec. 16-141. Survivors' benefits - death in service.
21 (a) Upon the death of a member in service occurring on
22 or after July 1, 1990, a beneficiary designated by the member
23 shall be entitled to receive, in a single sum, for each
24 completed year of service up to a maximum of 6 years, an
25 amount equal to 1/6 of the member's highest annual salary
26 rate within the last 4 years of service. If death occurs
27 prior to completion of the first year of service, the
28 beneficiary shall be entitled to receive, in a single sum,
29 an amount equal to 1/6 of the most recent annual salary rate.
30 If no beneficiary is designated by the member or if no
31 designated beneficiary survives the member, the single sum
32 benefit under this paragraph shall be paid to the eligible
33 dependent beneficiary or to the trust established for such
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1 eligible dependent beneficiary, as determined under paragraph
2 (3) of Section 16-140, or, if there is no dependent
3 beneficiary, to the decedent's estate upon receipt of proper
4 proof of death.
5 (b) If the deceased member had at least 1.5 years of
6 creditable service, had rendered at least 60 days of
7 creditable service within the 18 months immediately preceding
8 death and had not designated a non-dependent beneficiary who
9 survives, a dependent beneficiary may elect to receive,
10 instead of the benefit under subsection (a) of this Section,
11 a single sum payment of $1,000, divided by the number of such
12 beneficiaries, together with a survivor's benefit as
13 specified under the following paragraphs:
14 (1) A surviving spouse, if no eligible children
15 exist, shall receive a survivor's benefit of 30% of
16 average salary, beginning at age 50 or upon the date of
17 the member's death, whichever is later, except that if
18 the member's death occurred before July 1, 1973 and the
19 surviving spouse is less than age 55 on the effective
20 date of this amendatory Act of 1997, the survivor's
21 benefit shall begin on the effective date of this
22 amendatory Act of 1997 or upon the surviving spouse's
23 attainment of age 50, whichever occurs later at age 55.
24 (2) A surviving spouse, regardless of age, who is
25 providing for the support of the deceased member's
26 eligible child, shall receive a survivor's benefit of 30%
27 of average salary, plus the sum of (A) 20% of average
28 salary on account of each dependent child, and (B) 10% of
29 average salary divided by the number of children entitled
30 to this benefit.
31 (3) Each eligible child, if there is no eligible
32 surviving spouse, shall receive upon the death of the
33 member a survivor's benefit equal to the sum of: (A) 20%
34 of average salary, and (B) 10% of average salary divided
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1 by the number of children entitled to this benefit.
2 (4) A dependent parent shall receive upon
3 attainment of age 55 or the date of the member's death,
4 whichever is later, a survivor's benefit of 30% of
5 average salary, unless dependency is terminated by
6 remarriage or otherwise.
7 (c) No election under this Section may be made by a
8 dependent beneficiary if a non-dependent beneficiary
9 designated by the member survives such member.
10 (d) Notwithstanding the other provisions of this
11 Section, if the member is in receipt of a benefit at the time
12 of his or her death, a dependent beneficiary shall receive a
13 survivor benefit beginning the first of the month following
14 the death of the member.
15 (e) In cases where the changes to this Section or
16 Section 16-142 made by Public Act 87-1265 this amendatory Act
17 of 1993 increase the amount of a single-sum death benefit
18 that has already been paid by the System, the System shall
19 pay to the beneficiary the amount of the increase provided by
20 this amendatory Act.
21 (Source: P.A. 86-273; 87-1265.)"; and
22 by inserting below the end of Section 90 the following:
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.".