State of Illinois
90th General Assembly
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90_HB3022

      40 ILCS 5/3-110.6         from Ch. 108 1/2, par. 3-110.6
      40 ILCS 5/5-236           from Ch. 108 1/2, par. 5-236
      40 ILCS 5/7-139.8         from Ch. 108 1/2, par. 7-139.8
      40 ILCS 5/9-121.10        from Ch. 108 1/2, par. 9-121.10
      40 ILCS 5/14-110          from Ch. 108 1/2, par. 14-110
          Amends the Illinois Pension Code to  allow  investigators
      for  the  Office  of the Attorney General to transfer credits
      for up to 12 years of prior  service  as  a  police  officer,
      sheriff's  law enforcement employee, or municipal conservator
      of the peace  from  certain  other  pension  funds;  requires
      payment   of   the   difference   in  employee  and  employer
      contributions plus interest.  Effective immediately.
                                                     LRB9009676EGfg
                                               LRB9009676EGfg
 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Sections 3-110.6, 5-236, 7-139.8, 9-121.10, and 14-110.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Pension  Code  is  amended  by
 6    changing  Sections  3-110.6,  5-236,  7-139.8,  9-121.10, and
 7    14-110 as follows:
 8        (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
 9        Sec. 3-110.6.  Transfer to Article 14 System.
10        (a)  Any active member of the State Employees' Retirement
11    System who is an investigator for the Office of  the  State's
12    Attorneys  Appellate  Prosecutor,  an  investigator  for  the
13    Office  of  the  Attorney  General, or a controlled substance
14    inspector may apply for transfer of some or all of his or her
15    creditable service accumulated in  any  police  pension  fund
16    under  this Article to the State Employees' Retirement System
17    in accordance with Section 14-110.   The  creditable  service
18    shall  be transferred only upon payment by the police pension
19    fund to the State Employees' Retirement System of  an  amount
20    equal to:
21             (1)  the  amounts  accumulated  to the credit of the
22        applicant for the service to be transferred on the  books
23        of the fund on the date of transfer; and
24             (2)  employer  contributions  in  an amount equal to
25        the amount determined under subparagraph (1); and
26             (3)  any interest paid by the applicant in order  to
27        reinstate that service.
28    Participation  in the police pension fund with respect to the
29    credits transferred shall terminate on the date of transfer.
30        (b)  Any such investigator  or  inspector  may  reinstate
31    service  which  was  terminated  by  receipt  of a refund, by
                            -2-                LRB9009676EGfg
 1    paying to the police pension fund the amount  of  the  refund
 2    with  interest thereon at the rate of 6% per year, compounded
 3    annually, from the date of refund to the date of payment.
 4    (Source: P.A. 90-32, eff. 6-27-97.)
 5        (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
 6        Sec. 5-236.  Transfer to Article 14.
 7        (a)  Until January 31, 1994, any  active  member  of  the
 8    State  Employees'  Retirement System who is a State policeman
 9    or investigator for the Secretary  of  State  may  apply  for
10    transfer  of  his  creditable  service accumulated under this
11    Article to the State Employees' Retirement System.    At  the
12    time  of  the  transfer  the  Fund  shall  pay  to  the State
13    Employees' Retirement System an amount equal to:
14             (1)  the amounts accumulated to the  credit  of  the
15        applicant  on  the  books  of  the  Fund  on  the date of
16        transfer; and
17             (2)  the   corresponding    municipality    credits,
18        including  interest, on the books of the Fund on the date
19        of transfer; and
20             (3)  any interest paid by the applicant in order  to
21        reinstate service.
22    Participation  in  this  Fund  shall terminate on the date of
23    transfer.
24        (b)  Until January 31, 1994, any such State policeman  or
25    investigator for the Secretary of State may reinstate service
26    that  was terminated by receipt of a refund, by paying to the
27    Fund the amount of the refund with interest  thereon  at  the
28    rate  of  6%  per year, compounded annually, from the date of
29    refund to the date of payment.
30        (c)  Within 30 days after  the  effective  date  of  this
31    amendatory  Act  of  1993,  any  active  member  of the State
32    Employees'  Retirement  System  who  was   earning   eligible
33    creditable  service  under  subdivision  (b)(12)  of  Section
                            -3-                LRB9009676EGfg
 1    14-110  on  January  1, 1992 and who has at least 17 years of
 2    creditable service under this Article may apply for  transfer
 3    of  his  creditable service accumulated under this Article to
 4    the State Employees' Retirement System.  At the time  of  the
 5    transfer   the   Fund  shall  pay  to  the  State  Employees'
 6    Retirement System an amount equal to:
 7             (1)  the amounts accumulated to the  credit  of  the
 8        applicant  on  the  books  of  the  Fund  on  the date of
 9        transfer; and
10             (2)  the   corresponding    municipality    credits,
11        including  interest, on the books of the Fund on the date
12        of transfer.
13    Participation in this Fund shall terminate  on  the  date  of
14    transfer.
15        (d)  Any active member of the State Employees' Retirement
16    System  who is an investigator for the Office of the Attorney
17    General may apply for transfer of all or part of his  or  her
18    creditable  service  accumulated  under  this  Article to the
19    State Employees' Retirement System in accordance with Section
20    14-110.  At the time of the transfer the Fund  shall  pay  to
21    the State Employees' Retirement System an amount equal to:
22             (1)  the  amounts  accumulated  to the credit of the
23        applicant for the service to be transferred on the  books
24        of the Fund on the date of transfer; and
25             (2)  the    corresponding    municipality   credits,
26        including interest, on the books of the Fund on the  date
27        of transfer; and
28             (3)  any  interest paid by the applicant in order to
29        reinstate that service credit.
30    Participation in  this  Fund  with  respect  to  the  credits
31    transferred shall terminate on the date of transfer.
32        (e)  Any such investigator for the Office of the Attorney
33    General  may reinstate service that was terminated by receipt
34    of a refund, by paying to the Fund the amount of  the  refund
                            -4-                LRB9009676EGfg
 1    plus  interest  at  the  rate  of  6%  per  year,  compounded
 2    annually, from the date of the refund to the date of payment.
 3    (Source: P.A. 86-1488; 87-1265.)
 4        (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
 5        Sec. 7-139.8.  Transfer to Article 14 System.
 6        (a) Any  active member of the State Employees' Retirement
 7    System who is an investigator for the Office of  the  State's
 8    Attorneys  Appellate  Prosecutor,  an  investigator  for  the
 9    Office  of  the  Attorney  General, or a controlled substance
10    inspector may apply for transfer of some or all of his or her
11    credits and creditable service accumulated in this  Fund  for
12    service as a sheriff's law enforcement employee or service as
13    a  municipal  conservator  of  the  peace certified under the
14    Police Training  Act,  to  the  State  Employees'  Retirement
15    System  in  accordance  with  Section 14-110.  The creditable
16    service shall be transferred only upon payment by  this  Fund
17    to  the State Employees' Retirement System of an amount equal
18    to:
19             (1)  the amounts accumulated to the  credit  of  the
20        applicant   for  the  service  to  be  transferred  as  a
21        sheriff's law enforcement employee,  including  interest;
22        and
23             (2)  municipality  credits  based  on  such service,
24        including interest; and
25             (3)  any interest paid by the applicant to reinstate
26        such service.
27    Participation in this Fund  as  to  any  credits  transferred
28    under this Section shall terminate on the date of transfer.
29        (b)  Any  such  investigator  or  inspector may reinstate
30    credits and creditable service terminated upon receipt  of  a
31    separation  benefit,  by paying to the Fund the amount of the
32    separation benefit plus interest thereon at the  rate  of  6%
33    per year to the date of payment.
                            -5-                LRB9009676EGfg
 1    (Source: P.A. 90-32, eff. 6-27-97.)
 2        (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
 3        Sec. 9-121.10.  Transfer to Article 14.
 4        (a)  Until  July  1, 1993, any active member of the State
 5    Employees' Retirement System who is  a  State  policeman  may
 6    apply  for  transfer of some or all of his creditable service
 7    as a member of the County Police Department accumulated under
 8    this Article to the State Employees' Retirement  System.   At
 9    the  time  of  the  transfer  the Fund shall pay to the State
10    Employees' Retirement System an amount equal to:
11             (1)  the amounts accumulated to the  credit  of  the
12        applicant  on  the  books  of  the  Fund  on  the date of
13        transfer for the service to be transferred; and
14             (2)  the   corresponding    municipality    credits,
15        including  interest, on the books of the Fund on the date
16        of transfer; and
17             (3)  any interest paid by the applicant in order  to
18        reinstate such service.
19    Participation  in  this  Fund  with  respect  to  the credits
20    transferred shall terminate on the date of transfer.
21        (b)  Until July 1, 1993, any  such  State  policeman  may
22    reinstate credit for service as a member of the County Police
23    Department  that  was  terminated  by receipt of a refund, by
24    paying to the Fund the amount of  the  refund  with  interest
25    thereon at the rate of 6% per year, compounded annually, from
26    the date of refund to the date of payment.
27        (c)  Any active member of the State Employees' Retirement
28    System  who is an investigator for the Office of the Attorney
29    General may apply for transfer of some or all of his  or  her
30    creditable   service   as  a  member  of  the  County  Police
31    Department  accumulated  under  this  Article  to  the  State
32    Employees'  Retirement  System  in  accordance  with  Section
33    14-110.  At the time of the transfer the Fund  shall  pay  to
                            -6-                LRB9009676EGfg
 1    the State Employees' Retirement System an amount equal to:
 2             (1)  the  amounts  accumulated  to the credit of the
 3        applicant for the service to be transferred on the  books
 4        of the Fund on the date of transfer; and
 5             (2)  the   corresponding   employer   contributions,
 6        including  interest, on the books of the Fund on the date
 7        of transfer; and
 8             (3)  any interest paid by the applicant in order  to
 9        reinstate such service.
10    Participation  in  this  Fund  with  respect  to  the credits
11    transferred shall terminate on the date of transfer.
12        (d)  Any such investigator for the Office of the Attorney
13    General may reinstate credit for service as a member  of  the
14    County  Police Department that was terminated by receipt of a
15    refund, by paying to the Fund the amount of the  refund  plus
16    interest  at  the  rate  of 6% per year, compounded annually,
17    from the date of the refund to the date of payment.
18    (Source: P.A. 87-1265.)
19        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
20        Sec. 14-110.  Alternative retirement annuity.
21        (a)  Any member who has withdrawn from service  with  not
22    less  than  20  years  of eligible creditable service and has
23    attained age 55,  and  any  member  who  has  withdrawn  from
24    service  with  not  less than 25 years of eligible creditable
25    service and has attained age 50, regardless  of  whether  the
26    attainment  of  either of the specified ages occurs while the
27    member is still in service, shall be entitled to  receive  at
28    the  option  of the member, in lieu of the regular or minimum
29    retirement  annuity,  a  retirement   annuity   computed   as
30    follows:
31             (i)  for   periods   of   service  as  a  noncovered
32        employee, 2 1/4% of final average compensation  for  each
33        of  the  first 10 years of creditable service, 2 1/2% for
                            -7-                LRB9009676EGfg
 1        each year above 10 years to and  including  20  years  of
 2        creditable   service,   and  2  3/4%  for  each  year  of
 3        creditable service above 20 years; and
 4             (ii)  for periods of eligible creditable service  as
 5        a  covered  employee, 1.67% of final average compensation
 6        for each of the first 10 years of such service, 1.90% for
 7        each of the next 10 years of such service, 2.10% for each
 8        year of such service in excess of 20  but  not  exceeding
 9        30, and 2.30% for each year in excess of 30.
10        Such  annuity  shall  be  subject  to a maximum of 75% of
11    final  average  compensation.   These  rates  shall  not   be
12    applicable  to any service performed by a member as a covered
13    employee which is not eligible creditable service.    Service
14    as  a  covered  employee  which  is  not  eligible creditable
15    service shall be subject  to  the  rates  and  provisions  of
16    Section 14-108.
17        (b)  For   the   purpose   of   this  Section,  "eligible
18    creditable service" means creditable service  resulting  from
19    service in one or more of the following positions:
20             (1)  State policeman;
21             (2)  fire  fighter in the fire protection service of
22        a department;
23             (3)  air pilot;
24             (4)  special agent;
25             (5)  investigator for the Secretary of State;
26             (6)  conservation police officer;
27             (7)  investigator for the Department of Revenue;
28             (8)  security employee of the  Department  of  Human
29        Services;
30             (9)  Central  Management  Services  security  police
31        officer;
32             (10)  security   employee   of   the  Department  of
33        Corrections;
34             (11)  dangerous drugs investigator;
                            -8-                LRB9009676EGfg
 1             (12)  investigator  for  the  Department  of   State
 2        Police;
 3             (13)  investigator  for  the  Office of the Attorney
 4        General;
 5             (14)  controlled substance inspector;
 6             (15)  investigator for the  Office  of  the  State's
 7        Attorneys Appellate Prosecutor;
 8             (16)  Commerce Commission police officer;
 9             (17)  arson investigator.
10        A  person  employed  in one of the positions specified in
11    this subsection is entitled to  eligible  creditable  service
12    for service credit earned under this Article while undergoing
13    the  basic  police  training  course approved by the Illinois
14    Local Governmental Law Enforcement Officers  Training  Board,
15    if completion of that training is required of persons serving
16    in  that  position.    For the purposes of this Code, service
17    during the required basic police  training  course  shall  be
18    deemed  performance  of the duties of the specified position,
19    even though the person is not a sworn peace  officer  at  the
20    time of the training.
21        (c)  For the purposes of this Section:
22             (1)  The  term  "state policeman" includes any title
23        or position in the Department of  State  Police  that  is
24        held  by  an  individual  employed under the State Police
25        Act.
26             (2)  The term "fire fighter in the  fire  protection
27        service  of  a  department" includes all officers in such
28        fire  protection  service  including  fire   chiefs   and
29        assistant fire chiefs.
30             (3)  The  term  "air  pilot"  includes  any employee
31        whose official job description on file in the  Department
32        of  Central  Management Services, or in the department by
33        which he is employed if that department is not covered by
34        the Personnel Code, states that his principal duty is the
                            -9-                LRB9009676EGfg
 1        operation  of  aircraft,  and  who  possesses  a  pilot's
 2        license; however, the change in this definition  made  by
 3        this  amendatory Act of 1983 shall not operate to exclude
 4        any noncovered employee who was an "air  pilot"  for  the
 5        purposes of this Section on January 1, 1984.
 6             (4)  The  term  "special agent" means any person who
 7        by reason of  employment  by  the  Division  of  Narcotic
 8        Control,  the  Bureau  of Investigation or, after July 1,
 9        1977,  the  Division  of  Criminal   Investigation,   the
10        Division  of Internal Investigation or any other Division
11        or organizational  entity  in  the  Department  of  State
12        Police  is  vested  by law with duties to maintain public
13        order, investigate violations of the criminal law of this
14        State, enforce the laws of this State, make  arrests  and
15        recover  property.  The term "special agent" includes any
16        title or position in the Department of State Police  that
17        is  held by an individual employed under the State Police
18        Act.
19             (5)  The term "investigator  for  the  Secretary  of
20        State"  means  any  person  employed by the Office of the
21        Secretary of State and  vested  with  such  investigative
22        duties  as  render  him ineligible for coverage under the
23        Social Security Act by reason of  Sections  218(d)(5)(A),
24        218(d)(8)(D) and 218(l)(1) of that Act.
25             A  person who became employed as an investigator for
26        the Secretary  of  State  between  January  1,  1967  and
27        December  31,  1975,  and  who  has  served as such until
28        attainment of age  60,  either  continuously  or  with  a
29        single  break  in  service  of  not  more  than  3  years
30        duration,  which break terminated before January 1, 1976,
31        shall  be  entitled  to  have  his   retirement   annuity
32        calculated     in   accordance   with   subsection   (a),
33        notwithstanding that he has less than 20 years of  credit
34        for such service.
                            -10-               LRB9009676EGfg
 1             (6)  The  term  "Conservation  Police Officer" means
 2        any person employed by the Division of Law Enforcement of
 3        the Department of Natural Resources and vested with  such
 4        law  enforcement  duties  as  render  him  ineligible for
 5        coverage under the  Social  Security  Act  by  reason  of
 6        Sections  218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1) of
 7        that  Act.   The  term  "Conservation   Police   Officer"
 8        includes  the  positions  of  Chief  Conservation  Police
 9        Administrator    and    Assistant   Conservation   Police
10        Administrator.
11             (7)  The term "investigator for  the  Department  of
12        Revenue"  means  any person employed by the Department of
13        Revenue and vested  with  such  investigative  duties  as
14        render  him  ineligible  for  coverage  under  the Social
15        Security  Act  by  reason   of   Sections   218(d)(5)(A),
16        218(d)(8)(D) and 218(l)(1) of that Act.
17             (8)  The  term  "security employee of the Department
18        of Human Services"  means  any  person  employed  by  the
19        Department  of  Human  Services  who  is  employed at the
20        Chester Mental Health Center and has daily  contact  with
21        the  residents  thereof, or who is a mental health police
22        officer.  "Mental health police officer" means any person
23        employed  by  the  Department  of  Human  Services  in  a
24        position pertaining to the Department's mental health and
25        developmental disabilities functions who is  vested  with
26        such   law   enforcement  duties  as  render  the  person
27        ineligible for coverage under the Social Security Act  by
28        reason   of   Sections   218(d)(5)(A),  218(d)(8)(D)  and
29        218(l)(1) of that Act.
30             (9)  "Central Management  Services  security  police
31        officer"  means  any person employed by the Department of
32        Central Management Services who is vested with  such  law
33        enforcement  duties as render him ineligible for coverage
34        under the Social  Security  Act  by  reason  of  Sections
                            -11-               LRB9009676EGfg
 1        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
 2             (10)  The  term "security employee of the Department
 3        of Corrections" means any employee of the  Department  of
 4        Corrections  or  the  former Department of Personnel, and
 5        any member or employee of the Prisoner Review Board,  who
 6        has  daily  contact  with  inmates  by  working  within a
 7        correctional facility or who is a parole  officer  or  an
 8        employee who has direct contact with committed persons in
 9        the performance of his or her job duties.
10             (11)  The  term "dangerous drugs investigator" means
11        any person who is employed as such by the  Department  of
12        Human Services.
13             (12)  The  term  "investigator for the Department of
14        State Police" means a person employed by  the  Department
15        of  State  Police  who  is  vested under Section 4 of the
16        Narcotic Control Division Abolition  Act  with  such  law
17        enforcement  powers as render him ineligible for coverage
18        under the Social  Security  Act  by  reason  of  Sections
19        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
20             (13)  "Investigator  for  the Office of the Attorney
21        General" means any person who is employed as such by  the
22        Office  of  the  Attorney General and is vested with such
23        investigative  duties  as  render  him   ineligible   for
24        coverage  under  the  Social  Security  Act  by reason of
25        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
26        Act.  For the period before January  1,  1989,  the  term
27        includes  all  persons who were employed as investigators
28        by the Office of the Attorney General, without regard  to
29        social security status.
30             (14)  "Controlled  substance  inspector"  means  any
31        person  who  is  employed  as  such  by the Department of
32        Professional Regulation  and  is  vested  with  such  law
33        enforcement  duties as render him ineligible for coverage
34        under the Social  Security  Act  by  reason  of  Sections
                            -12-               LRB9009676EGfg
 1        218(d)(5)(A),  218(d)(8)(D)  and  218(l)(1)  of that Act.
 2        The term "controlled substance  inspector"  includes  the
 3        Program   Executive  of  Enforcement  and  the  Assistant
 4        Program Executive of Enforcement.
 5             (15)  The term "investigator for the Office  of  the
 6        State's  Attorneys  Appellate  Prosecutor" means a person
 7        employed in that capacity on a full time basis under  the
 8        authority  of  Section  7.06  of  the  State's  Attorneys
 9        Appellate Prosecutor's Act.
10             (16)  "Commerce Commission police officer" means any
11        person  employed  by the Illinois Commerce Commission who
12        is vested with such law enforcement duties as render  him
13        ineligible  for coverage under the Social Security Act by
14        reason  of  Sections  218(d)(5)(A),   218(d)(8)(D),   and
15        218(l)(1) of that Act.
16             (17)  "Arson  investigator"  means any person who is
17        employed as such by the Office of the State Fire  Marshal
18        and  is vested with such law enforcement duties as render
19        the person  ineligible  for  coverage  under  the  Social
20        Security   Act   by   reason  of  Sections  218(d)(5)(A),
21        218(d)(8)(D), and 218(l)(1) of that Act.   A  person  who
22        was  employed as an arson investigator on January 1, 1995
23        and is no longer in  service  but  not  yet  receiving  a
24        retirement  annuity  may  convert  his  or her creditable
25        service for employment  as  an  arson  investigator  into
26        eligible  creditable  service by paying to the System the
27        difference between the  employee  contributions  actually
28        paid  for  that  service  and the amounts that would have
29        been contributed if the applicant  were  contributing  at
30        the  rate  applicable  to  persons  with  the same social
31        security status earning eligible  creditable  service  on
32        the date of application.
33        (d)  A   security   employee   of   the   Department   of
34    Corrections,  and  a  security  employee of the Department of
                            -13-               LRB9009676EGfg
 1    Human Services who is not a  mental  health  police  officer,
 2    shall  not be eligible for the alternative retirement annuity
 3    provided by this Section unless he or she meets the following
 4    minimum  age  and  service  requirements  at  the   time   of
 5    retirement:
 6             (i)  25 years of eligible creditable service and age
 7        55; or
 8             (ii)  beginning   January   1,  1987,  25  years  of
 9        eligible creditable service and age 54, or  24  years  of
10        eligible creditable service and age 55; or
11             (iii)  beginning   January  1,  1988,  25  years  of
12        eligible creditable service and age 53, or  23  years  of
13        eligible creditable service and age 55; or
14             (iv)  beginning   January   1,  1989,  25  years  of
15        eligible creditable service and age 52, or  22  years  of
16        eligible creditable service and age 55; or
17             (v)  beginning January 1, 1990, 25 years of eligible
18        creditable  service  and  age 51, or 21 years of eligible
19        creditable service and age 55; or
20             (vi)  beginning  January  1,  1991,  25   years   of
21        eligible  creditable  service  and age 50, or 20 years of
22        eligible creditable service and age 55.
23        Persons who have service credit under Article 16 of  this
24    Code  for service as a security employee of the Department of
25    Corrections  in  a  position  requiring  certification  as  a
26    teacher may count  such  service  toward  establishing  their
27    eligibility  under  the service requirements of this Section;
28    but such service may  be  used  only  for  establishing  such
29    eligibility,  and  not  for  the  purpose  of  increasing  or
30    calculating any benefit.
31        (e)  If a member enters military service while working in
32    a  position  in  which  eligible  creditable  service  may be
33    earned, and returns to State service in the same  or  another
34    such  position,  and  fulfills  in  all  other  respects  the
                            -14-               LRB9009676EGfg
 1    conditions prescribed in this Article for credit for military
 2    service,  such military service shall be credited as eligible
 3    creditable service for the purposes of the retirement annuity
 4    prescribed in this Section.
 5        (f)  For purposes  of  calculating  retirement  annuities
 6    under   this  Section,  periods  of  service  rendered  after
 7    December 31, 1968 and before October 1,  1975  as  a  covered
 8    employee  in  the  position  of  special  agent, conservation
 9    police officer, mental health police officer, or investigator
10    for the Secretary of State, shall  be  deemed  to  have  been
11    service  as a noncovered employee, provided that the employee
12    pays to the System prior to retirement an amount equal to (1)
13    the difference between the employee contributions that  would
14    have been required for such service as a noncovered employee,
15    and  the amount of employee contributions actually paid, plus
16    (2) if payment is made after July 31, 1987, regular  interest
17    on  the amount specified in item (1) from the date of service
18    to the date of payment.
19        For purposes of calculating  retirement  annuities  under
20    this  Section, periods of service rendered after December 31,
21    1968 and before January 1, 1982 as a covered employee in  the
22    position  of investigator for the Department of Revenue shall
23    be deemed to have been  service  as  a  noncovered  employee,
24    provided  that  the  employee  pays  to  the  System prior to
25    retirement an amount equal to (1) the difference between  the
26    employee contributions that would have been required for such
27    service  as a noncovered employee, and the amount of employee
28    contributions actually paid, plus  (2)  if  payment  is  made
29    after  January  1,  1990,  regular  interest  on  the  amount
30    specified in item (1) from the date of service to the date of
31    payment.
32        (g)  A  State policeman may elect, not later than January
33    1, 1990, to establish eligible creditable service for  up  to
34    10  years  of  his service as a policeman under Article 3, by
                            -15-               LRB9009676EGfg
 1    filing a written election  with  the  Board,  accompanied  by
 2    payment  of an amount to be determined by the Board, equal to
 3    (i)  the  difference  between  the  amount  of  employee  and
 4    employer  contributions  transferred  to  the  System   under
 5    Section  3-110.5,  and  the  amounts  that  would  have  been
 6    contributed  had  such  contributions  been made at the rates
 7    applicable to State policemen, plus (ii) interest thereon  at
 8    the  effective  rate for each year, compounded annually, from
 9    the date of service to the date of payment.
10        Subject to the limitation  in  subsection  (i),  a  State
11    policeman  may  elect,  not  later  than  July  1,  1993,  to
12    establish  eligible  creditable service for up to 10 years of
13    his service as a member of the County Police Department under
14    Article 9, by filing  a  written  election  with  the  Board,
15    accompanied  by  payment of an amount to be determined by the
16    Board, equal to (i) the  difference  between  the  amount  of
17    employee and employer contributions transferred to the System
18    under  Section  9-121.10 and the amounts that would have been
19    contributed had those contributions been made  at  the  rates
20    applicable  to State policemen, plus (ii) interest thereon at
21    the effective rate for each year, compounded  annually,  from
22    the date of service to the date of payment.
23        (h)  Subject to the limitation in subsection (i), a State
24    policeman  or  investigator  for  the  Secretary of State may
25    elect to establish eligible creditable service for up  to  12
26    years  of  his  service  as  a  policeman under Article 5, by
27    filing a written election with the Board on or before January
28    31, 1992, and paying to the System by  January  31,  1994  an
29    amount  to  be  determined  by  the  Board,  equal to (i) the
30    difference  between  the  amount  of  employee  and  employer
31    contributions transferred to the System under Section  5-236,
32    and  the  amounts  that  would have been contributed had such
33    contributions been made at  the  rates  applicable  to  State
34    policemen,  plus  (ii) interest thereon at the effective rate
                            -16-               LRB9009676EGfg
 1    for each year, compounded annually, from the date of  service
 2    to the date of payment.
 3        Subject  to  the  limitation  in  subsection (i), a State
 4    policeman, conservation police officer, or  investigator  for
 5    the  Secretary  of  State  may  elect  to  establish eligible
 6    creditable service for  up  to  10  years  of  service  as  a
 7    sheriff's law enforcement employee under Article 7, by filing
 8    a  written  election  with the Board on or before January 31,
 9    1993, and paying to the System by January 31, 1994 an  amount
10    to  be  determined  by the Board, equal to (i) the difference
11    between the amount of  employee  and  employer  contributions
12    transferred  to  the  System  under  Section 7-139.7, and the
13    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        (i)  The total  amount  of  eligible  creditable  service
19    established  by  any  person under subsections (g), (h), (j),
20    (k), and (l), and (m) of this Section  shall  not  exceed  12
21    years.
22        (j)  Subject  to  the  limitation  in  subsection (i), an
23    investigator  for  the  Office  of  the   State's   Attorneys
24    Appellate  Prosecutor or a controlled substance inspector may
25    elect to establish eligible creditable service for up  to  10
26    years  of  his  service  as  a policeman under Article 3 or a
27    sheriff's law enforcement employee under Article 7, by filing
28    a written election with the Board, accompanied by payment  of
29    an  amount  to  be  determined by the Board, equal to (1) the
30    difference  between  the  amount  of  employee  and  employer
31    contributions transferred to the System under Section 3-110.6
32    or 7-139.8, and the amounts that would have been  contributed
33    had  such  contributions been made at the rates applicable to
34    State policemen, plus (2) interest thereon at  the  effective
                            -17-               LRB9009676EGfg
 1    rate  for  each  year,  compounded annually, from the date of
 2    service to the date of payment.
 3        (k)  Subject to the limitation in subsection (i) of  this
 4    Section,   an  alternative  formula  employee  may  elect  to
 5    establish eligible creditable service for periods spent as  a
 6    full-time  law  enforcement  officer or full-time corrections
 7    officer employed by the federal government or by a  state  or
 8    local  government  located  outside  of  Illinois,  for which
 9    credit is not held in any other public employee pension  fund
10    or  retirement  system.  To obtain this credit, the applicant
11    must file a written application with the Board by  March  31,
12    1998,  accompanied  by  evidence of eligibility acceptable to
13    the Board and payment of an amount to be  determined  by  the
14    Board,  equal  to  (1)  employee contributions for the credit
15    being established, based upon the applicant's salary  on  the
16    first  day  as  an  alternative  formula  employee  after the
17    employment for which credit  is  being  established  and  the
18    rates  then applicable to alternative formula employees, plus
19    (2) an amount determined by the Board to  be  the  employer's
20    normal  cost  of  the  benefits  accrued for the credit being
21    established, plus (3) regular  interest  on  the  amounts  in
22    items  (1)  and  (2)  from  the  first  day as an alternative
23    formula employee after the employment  for  which  credit  is
24    being established to the date of payment.
25        (l)  Subject  to  the  limitation  in  subsection  (i), a
26    security employee of the Department of Corrections may elect,
27    not later than July 1, 1998, to establish eligible creditable
28    service for up to 10  years  of  his  or  her  service  as  a
29    policeman  under Article 3, by filing a written election with
30    the  Board,  accompanied  by  payment  of  an  amount  to  be
31    determined by the Board, equal to (i) the difference  between
32    the amount of employee and employer contributions transferred
33    to  the  System  under  Section 3-110.5, and the amounts that
34    would have been contributed had such contributions been  made
                            -18-               LRB9009676EGfg
 1    at   the  rates  applicable  to  security  employees  of  the
 2    Department of Corrections, plus (ii) interest thereon at  the
 3    effective  rate  for each year, compounded annually, from the
 4    date of service to the date of payment.
 5        (m)  Subject to the  limitation  in  subsection  (i),  an
 6    investigator for the Office of the Attorney General may elect
 7    to  establish  eligible creditable service for up to 12 years
 8    of service as  a  policeman  under  Article  3  or  5,  as  a
 9    sheriff's  law  enforcement employee or municipal conservator
10    of the peace under Article 7, or as a member  of  the  County
11    Police  Department  under  Article  9,  by  filing  a written
12    election with the Board, accompanied by payment of an  amount
13    to  be  determined  by the Board, equal to (1) the difference
14    between the amount of  employee  and  employer  contributions
15    transferred  to  the  System  under  Section  3-110.6, 5-236,
16    7-139.8, or 9-121.10 and the amounts  that  would  have  been
17    contributed  had  those  contributions been made at the rates
18    applicable to State policemen, plus (2) interest  thereon  at
19    the  effective  rate for each year, compounded annually, from
20    the date of service to the date of payment.
21    (Source: P.A. 89-136,  eff.  7-14-95;  89-445,  eff.  2-7-96;
22    89-507, eff. 7-1-97; 90-32, eff. 6-27-97.)
23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.

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