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90_HB3071
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the State Employee Article of the Pension
Code to provide a one-time increase in the minimum retirement
annuity for certain retired State policemen. Effective
immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Section 14-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 14-110 as follows:
7 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
8 Sec. 14-110. Alternative retirement annuity.
9 (a) Any member who has withdrawn from service with not
10 less than 20 years of eligible creditable service and has
11 attained age 55, and any member who has withdrawn from
12 service with not less than 25 years of eligible creditable
13 service and has attained age 50, regardless of whether the
14 attainment of either of the specified ages occurs while the
15 member is still in service, shall be entitled to receive at
16 the option of the member, in lieu of the regular or minimum
17 retirement annuity, a retirement annuity computed as
18 follows:
19 (i) for periods of service as a noncovered
20 employee, 2 1/4% of final average compensation for each
21 of the first 10 years of creditable service, 2 1/2% for
22 each year above 10 years to and including 20 years of
23 creditable service, and 2 3/4% for each year of
24 creditable service above 20 years; and
25 (ii) for periods of eligible creditable service as
26 a covered employee, 1.67% of final average compensation
27 for each of the first 10 years of such service, 1.90% for
28 each of the next 10 years of such service, 2.10% for each
29 year of such service in excess of 20 but not exceeding
30 30, and 2.30% for each year in excess of 30.
31 Such annuity shall be subject to a maximum of 75% of
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1 final average compensation. These rates shall not be
2 applicable to any service performed by a member as a covered
3 employee which is not eligible creditable service. Service
4 as a covered employee which is not eligible creditable
5 service shall be subject to the rates and provisions of
6 Section 14-108.
7 On January 1, 1999, every retirement annuity calculated
8 under this Section that is payable on that date and is based
9 on at least 20 years of service as a State policeman shall be
10 increased to a monthly amount equal to $60 for each year of
11 service as a State policeman, up to a maximum of $1,500 per
12 month.
13 (b) For the purpose of this Section, "eligible
14 creditable service" means creditable service resulting from
15 service in one or more of the following positions:
16 (1) State policeman;
17 (2) fire fighter in the fire protection service of
18 a department;
19 (3) air pilot;
20 (4) special agent;
21 (5) investigator for the Secretary of State;
22 (6) conservation police officer;
23 (7) investigator for the Department of Revenue;
24 (8) security employee of the Department of Human
25 Services;
26 (9) Central Management Services security police
27 officer;
28 (10) security employee of the Department of
29 Corrections;
30 (11) dangerous drugs investigator;
31 (12) investigator for the Department of State
32 Police;
33 (13) investigator for the Office of the Attorney
34 General;
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1 (14) controlled substance inspector;
2 (15) investigator for the Office of the State's
3 Attorneys Appellate Prosecutor;
4 (16) Commerce Commission police officer;
5 (17) arson investigator.
6 A person employed in one of the positions specified in
7 this subsection is entitled to eligible creditable service
8 for service credit earned under this Article while undergoing
9 the basic police training course approved by the Illinois
10 Local Governmental Law Enforcement Officers Training Board,
11 if completion of that training is required of persons serving
12 in that position. For the purposes of this Code, service
13 during the required basic police training course shall be
14 deemed performance of the duties of the specified position,
15 even though the person is not a sworn peace officer at the
16 time of the training.
17 (c) For the purposes of this Section:
18 (1) The term "state policeman" includes any title
19 or position in the Department of State Police that is
20 held by an individual employed under the State Police
21 Act.
22 (2) The term "fire fighter in the fire protection
23 service of a department" includes all officers in such
24 fire protection service including fire chiefs and
25 assistant fire chiefs.
26 (3) The term "air pilot" includes any employee
27 whose official job description on file in the Department
28 of Central Management Services, or in the department by
29 which he is employed if that department is not covered by
30 the Personnel Code, states that his principal duty is the
31 operation of aircraft, and who possesses a pilot's
32 license; however, the change in this definition made by
33 this amendatory Act of 1983 shall not operate to exclude
34 any noncovered employee who was an "air pilot" for the
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1 purposes of this Section on January 1, 1984.
2 (4) The term "special agent" means any person who
3 by reason of employment by the Division of Narcotic
4 Control, the Bureau of Investigation or, after July 1,
5 1977, the Division of Criminal Investigation, the
6 Division of Internal Investigation or any other Division
7 or organizational entity in the Department of State
8 Police is vested by law with duties to maintain public
9 order, investigate violations of the criminal law of this
10 State, enforce the laws of this State, make arrests and
11 recover property. The term "special agent" includes any
12 title or position in the Department of State Police that
13 is held by an individual employed under the State Police
14 Act.
15 (5) The term "investigator for the Secretary of
16 State" means any person employed by the Office of the
17 Secretary of State and vested with such investigative
18 duties as render him ineligible for coverage under the
19 Social Security Act by reason of Sections 218(d)(5)(A),
20 218(d)(8)(D) and 218(l)(1) of that Act.
21 A person who became employed as an investigator for
22 the Secretary of State between January 1, 1967 and
23 December 31, 1975, and who has served as such until
24 attainment of age 60, either continuously or with a
25 single break in service of not more than 3 years
26 duration, which break terminated before January 1, 1976,
27 shall be entitled to have his retirement annuity
28 calculated in accordance with subsection (a),
29 notwithstanding that he has less than 20 years of credit
30 for such service.
31 (6) The term "Conservation Police Officer" means
32 any person employed by the Division of Law Enforcement of
33 the Department of Natural Resources and vested with such
34 law enforcement duties as render him ineligible for
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1 coverage under the Social Security Act by reason of
2 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
3 that Act. The term "Conservation Police Officer"
4 includes the positions of Chief Conservation Police
5 Administrator and Assistant Conservation Police
6 Administrator.
7 (7) The term "investigator for the Department of
8 Revenue" means any person employed by the Department of
9 Revenue and vested with such investigative duties as
10 render him ineligible for coverage under the Social
11 Security Act by reason of Sections 218(d)(5)(A),
12 218(d)(8)(D) and 218(l)(1) of that Act.
13 (8) The term "security employee of the Department
14 of Human Services" means any person employed by the
15 Department of Human Services who is employed at the
16 Chester Mental Health Center and has daily contact with
17 the residents thereof, or who is a mental health police
18 officer. "Mental health police officer" means any person
19 employed by the Department of Human Services in a
20 position pertaining to the Department's mental health and
21 developmental disabilities functions who is vested with
22 such law enforcement duties as render the person
23 ineligible for coverage under the Social Security Act by
24 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
25 218(l)(1) of that Act.
26 (9) "Central Management Services security police
27 officer" means any person employed by the Department of
28 Central Management Services who is vested with such law
29 enforcement duties as render him ineligible for coverage
30 under the Social Security Act by reason of Sections
31 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
32 (10) The term "security employee of the Department
33 of Corrections" means any employee of the Department of
34 Corrections or the former Department of Personnel, and
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1 any member or employee of the Prisoner Review Board, who
2 has daily contact with inmates by working within a
3 correctional facility or who is a parole officer or an
4 employee who has direct contact with committed persons in
5 the performance of his or her job duties.
6 (11) The term "dangerous drugs investigator" means
7 any person who is employed as such by the Department of
8 Human Services.
9 (12) The term "investigator for the Department of
10 State Police" means a person employed by the Department
11 of State Police who is vested under Section 4 of the
12 Narcotic Control Division Abolition Act with such law
13 enforcement powers as render him ineligible for coverage
14 under the Social Security Act by reason of Sections
15 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
16 (13) "Investigator for the Office of the Attorney
17 General" means any person who is employed as such by the
18 Office of the Attorney General and is vested with such
19 investigative duties as render him ineligible for
20 coverage under the Social Security Act by reason of
21 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
22 Act. For the period before January 1, 1989, the term
23 includes all persons who were employed as investigators
24 by the Office of the Attorney General, without regard to
25 social security status.
26 (14) "Controlled substance inspector" means any
27 person who is employed as such by the Department of
28 Professional Regulation and is vested with such law
29 enforcement duties as render him ineligible for coverage
30 under the Social Security Act by reason of Sections
31 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
32 The term "controlled substance inspector" includes the
33 Program Executive of Enforcement and the Assistant
34 Program Executive of Enforcement.
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1 (15) The term "investigator for the Office of the
2 State's Attorneys Appellate Prosecutor" means a person
3 employed in that capacity on a full time basis under the
4 authority of Section 7.06 of the State's Attorneys
5 Appellate Prosecutor's Act.
6 (16) "Commerce Commission police officer" means any
7 person employed by the Illinois Commerce Commission who
8 is vested with such law enforcement duties as render him
9 ineligible for coverage under the Social Security Act by
10 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
11 218(l)(1) of that Act.
12 (17) "Arson investigator" means any person who is
13 employed as such by the Office of the State Fire Marshal
14 and is vested with such law enforcement duties as render
15 the person ineligible for coverage under the Social
16 Security Act by reason of Sections 218(d)(5)(A),
17 218(d)(8)(D), and 218(l)(1) of that Act. A person who
18 was employed as an arson investigator on January 1, 1995
19 and is no longer in service but not yet receiving a
20 retirement annuity may convert his or her creditable
21 service for employment as an arson investigator into
22 eligible creditable service by paying to the System the
23 difference between the employee contributions actually
24 paid for that service and the amounts that would have
25 been contributed if the applicant were contributing at
26 the rate applicable to persons with the same social
27 security status earning eligible creditable service on
28 the date of application.
29 (d) A security employee of the Department of
30 Corrections, and a security employee of the Department of
31 Human Services who is not a mental health police officer,
32 shall not be eligible for the alternative retirement annuity
33 provided by this Section unless he or she meets the following
34 minimum age and service requirements at the time of
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1 retirement:
2 (i) 25 years of eligible creditable service and age
3 55; or
4 (ii) beginning January 1, 1987, 25 years of
5 eligible creditable service and age 54, or 24 years of
6 eligible creditable service and age 55; or
7 (iii) beginning January 1, 1988, 25 years of
8 eligible creditable service and age 53, or 23 years of
9 eligible creditable service and age 55; or
10 (iv) beginning January 1, 1989, 25 years of
11 eligible creditable service and age 52, or 22 years of
12 eligible creditable service and age 55; or
13 (v) beginning January 1, 1990, 25 years of eligible
14 creditable service and age 51, or 21 years of eligible
15 creditable service and age 55; or
16 (vi) beginning January 1, 1991, 25 years of
17 eligible creditable service and age 50, or 20 years of
18 eligible creditable service and age 55.
19 Persons who have service credit under Article 16 of this
20 Code for service as a security employee of the Department of
21 Corrections in a position requiring certification as a
22 teacher may count such service toward establishing their
23 eligibility under the service requirements of this Section;
24 but such service may be used only for establishing such
25 eligibility, and not for the purpose of increasing or
26 calculating any benefit.
27 (e) If a member enters military service while working in
28 a position in which eligible creditable service may be
29 earned, and returns to State service in the same or another
30 such position, and fulfills in all other respects the
31 conditions prescribed in this Article for credit for military
32 service, such military service shall be credited as eligible
33 creditable service for the purposes of the retirement annuity
34 prescribed in this Section.
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1 (f) For purposes of calculating retirement annuities
2 under this Section, periods of service rendered after
3 December 31, 1968 and before October 1, 1975 as a covered
4 employee in the position of special agent, conservation
5 police officer, mental health police officer, or investigator
6 for the Secretary of State, shall be deemed to have been
7 service as a noncovered employee, provided that the employee
8 pays to the System prior to retirement an amount equal to (1)
9 the difference between the employee contributions that would
10 have been required for such service as a noncovered employee,
11 and the amount of employee contributions actually paid, plus
12 (2) if payment is made after July 31, 1987, regular interest
13 on the amount specified in item (1) from the date of service
14 to the date of payment.
15 For purposes of calculating retirement annuities under
16 this Section, periods of service rendered after December 31,
17 1968 and before January 1, 1982 as a covered employee in the
18 position of investigator for the Department of Revenue shall
19 be deemed to have been service as a noncovered employee,
20 provided that the employee pays to the System prior to
21 retirement an amount equal to (1) the difference between the
22 employee contributions that would have been required for such
23 service as a noncovered employee, and the amount of employee
24 contributions actually paid, plus (2) if payment is made
25 after January 1, 1990, regular interest on the amount
26 specified in item (1) from the date of service to the date of
27 payment.
28 (g) A State policeman may elect, not later than January
29 1, 1990, to establish eligible creditable service for up to
30 10 years of his service as a policeman under Article 3, by
31 filing a written election with the Board, accompanied by
32 payment of an amount to be determined by the Board, equal to
33 (i) the difference between the amount of employee and
34 employer contributions transferred to the System under
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1 Section 3-110.5, and the amounts that would have been
2 contributed had such contributions been made at the rates
3 applicable to State policemen, plus (ii) interest thereon at
4 the effective rate for each year, compounded annually, from
5 the date of service to the date of payment.
6 Subject to the limitation in subsection (i), a State
7 policeman may elect, not later than July 1, 1993, to
8 establish eligible creditable service for up to 10 years of
9 his service as a member of the County Police Department under
10 Article 9, by filing a written election with the Board,
11 accompanied by payment of an amount to be determined by the
12 Board, equal to (i) the difference between the amount of
13 employee and employer contributions transferred to the System
14 under Section 9-121.10 and the amounts that would have been
15 contributed had those contributions been made at the rates
16 applicable to State policemen, plus (ii) interest thereon at
17 the effective rate for each year, compounded annually, from
18 the date of service to the date of payment.
19 (h) Subject to the limitation in subsection (i), a State
20 policeman or investigator for the Secretary of State may
21 elect to establish eligible creditable service for up to 12
22 years of his service as a policeman under Article 5, by
23 filing a written election with the Board on or before January
24 31, 1992, and paying to the System by January 31, 1994 an
25 amount to be determined by the Board, equal to (i) the
26 difference between the amount of employee and employer
27 contributions transferred to the System under Section 5-236,
28 and the amounts that would have been contributed had such
29 contributions been made at the rates applicable to State
30 policemen, plus (ii) interest thereon at the effective rate
31 for each year, compounded annually, from the date of service
32 to the date of payment.
33 Subject to the limitation in subsection (i), a State
34 policeman, conservation police officer, or investigator for
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1 the Secretary of State may elect to establish eligible
2 creditable service for up to 10 years of service as a
3 sheriff's law enforcement employee under Article 7, by filing
4 a written election with the Board on or before January 31,
5 1993, and paying to the System by January 31, 1994 an amount
6 to be determined by the Board, equal to (i) the difference
7 between the amount of employee and employer contributions
8 transferred to the System under Section 7-139.7, and the
9 amounts that would have been contributed had such
10 contributions been made at the rates applicable to State
11 policemen, plus (ii) interest thereon at the effective rate
12 for each year, compounded annually, from the date of service
13 to the date of payment.
14 (i) The total amount of eligible creditable service
15 established by any person under subsections (g), (h), (j),
16 (k), and (l) of this Section shall not exceed 12 years.
17 (j) Subject to the limitation in subsection (i), an
18 investigator for the Office of the State's Attorneys
19 Appellate Prosecutor or a controlled substance inspector may
20 elect to establish eligible creditable service for up to 10
21 years of his service as a policeman under Article 3 or a
22 sheriff's law enforcement employee under Article 7, by filing
23 a written election with the Board, accompanied by payment of
24 an amount to be determined by the Board, equal to (1) the
25 difference between the amount of employee and employer
26 contributions transferred to the System under Section 3-110.6
27 or 7-139.8, and the amounts that would have been contributed
28 had such contributions been made at the rates applicable to
29 State policemen, plus (2) interest thereon at the effective
30 rate for each year, compounded annually, from the date of
31 service to the date of payment.
32 (k) Subject to the limitation in subsection (i) of this
33 Section, an alternative formula employee may elect to
34 establish eligible creditable service for periods spent as a
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1 full-time law enforcement officer or full-time corrections
2 officer employed by the federal government or by a state or
3 local government located outside of Illinois, for which
4 credit is not held in any other public employee pension fund
5 or retirement system. To obtain this credit, the applicant
6 must file a written application with the Board by March 31,
7 1998, accompanied by evidence of eligibility acceptable to
8 the Board and payment of an amount to be determined by the
9 Board, equal to (1) employee contributions for the credit
10 being established, based upon the applicant's salary on the
11 first day as an alternative formula employee after the
12 employment for which credit is being established and the
13 rates then applicable to alternative formula employees, plus
14 (2) an amount determined by the Board to be the employer's
15 normal cost of the benefits accrued for the credit being
16 established, plus (3) regular interest on the amounts in
17 items (1) and (2) from the first day as an alternative
18 formula employee after the employment for which credit is
19 being established to the date of payment.
20 (l) Subject to the limitation in subsection (i), a
21 security employee of the Department of Corrections may elect,
22 not later than July 1, 1998, to establish eligible creditable
23 service for up to 10 years of his or her service as a
24 policeman under Article 3, by filing a written election with
25 the Board, accompanied by payment of an amount to be
26 determined by the Board, equal to (i) the difference between
27 the amount of employee and employer contributions transferred
28 to the System under Section 3-110.5, and the amounts that
29 would have been contributed had such contributions been made
30 at the rates applicable to security employees of the
31 Department of Corrections, plus (ii) interest thereon at the
32 effective rate for each year, compounded annually, from the
33 date of service to the date of payment.
34 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
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1 89-507, eff. 7-1-97; 90-32, eff. 6-27-97.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.