State of Illinois
90th General Assembly
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90_HB3376

      40 ILCS 5/3-110.5         from Ch. 108 1/2, par. 3-110.5
      40 ILCS 5/5-236           from Ch. 108 1/2, par. 5-236
      40 ILCS 5/7-139.7         from Ch. 108 1/2, par. 7-139.7
      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 State Police to
      transfer up to 12 years of  law  enforcement  service  credit
      from  the Illinois Municipal Retirement Fund, the Cook County
      pension fund, the Chicago police pension fund, or a downstate
      police pension fund to the State Employees' Retirement System
      upon payment of  the  difference  in  employee  and  employer
      contributions, plus interest.  Effective immediately.
                                                     LRB9009902EGfg
                                               LRB9009902EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Sections 3-110.5, 5-236, 7-139.7, 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  3-110.5,  5-236,  7-139.7,  9-121.10,  and
 7    14-110 as follows:
 8        (40 ILCS 5/3-110.5) (from Ch. 108 1/2, par. 3-110.5)
 9        Sec. 3-110.5. Transfer to Article 14 system.
10        (a)  Until  January  1,  1990,  any  active member of the
11    State Employees' Retirement System who is a  State  policeman
12    and  until  July  1,  1998,  any  active  member of the State
13    Employees' Retirement System who is a  security  employee  of
14    the  Department  of Corrections may apply for transfer of his
15    or her creditable service accumulated in any  police  pension
16    fund  under  this  Article to the State Employees' Retirement
17    System.  Such creditable service shall  be  transferred  only
18    upon  payment  by  such  police  pension  fund  to  the State
19    Employees' Retirement System of an amount equal to:
20             (1)  the amounts accumulated to the  credit  of  the
21        applicant  on  the  books  of  the  fund  on  the date of
22        transfer; and
23             (2)  employer contributions in an  amount  equal  to
24        the amount determined under subparagraph (1); and
25             (3)  any  interest paid by the applicant in order to
26        reinstate service.
27    Participation in this Fund shall terminate  on  the  date  of
28    transfer.
29        (b)  Until  January 1, 1990, any such State policeman and
30    until July  1,  1998,  any  such  security  employee  of  the
31    Department  of  Corrections  may  reinstate service which was
                            -2-                LRB9009902EGfg
 1    terminated by receipt of a refund, by payment to  the  police
 2    pension  fund  of  the  amount  of  the  refund with interest
 3    thereon at the rate of 6% per year, compounded annually, from
 4    the date of refund to the date of payment.
 5        (c)  Until January 1, 2000,  any  active  member  of  the
 6    State  Employees'  Retirement System who is a State policeman
 7    may apply  for  transfer  of  some  or  all  of  his  or  her
 8    creditable  service  accumulated  in  any police pension fund
 9    under this Article to the State Employees' Retirement System.
10    The creditable service shall be transferred only upon payment
11    by the police pension fund to the State Employees' Retirement
12    System of an amount equal to:
13             (1)  the amounts accumulated to the  credit  of  the
14        applicant  for the service to be transferred on the books
15        of the fund on the date of transfer; and
16             (2)  employer contributions in an  amount  equal  to
17        the amount determined under item (1); and
18             (3)  any  interest paid by the applicant in order to
19        reinstate that service.
20    Participation in  this  Fund  with  respect  to  the  credits
21    transferred shall terminate on the date of transfer.
22        (d)  Until  January 1, 2000, any such State policeman may
23    reinstate service that was terminated by receipt of a refund,
24    by payment to the police pension fund of the  amount  of  the
25    refund  plus  interest at the rate of 6% per year, compounded
26    annually, from the date of refund to the date of payment.
27    (Source: P.A. 90-32, eff. 6-27-97.)
28        (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
29        Sec. 5-236.  Transfer to Article 14.
30        (a)  Until January 31, 1994, any  active  member  of  the
31    State  Employees'  Retirement System who is a State policeman
32    or investigator for the Secretary  of  State  may  apply  for
33    transfer  of  his  creditable  service accumulated under this
                            -3-                LRB9009902EGfg
 1    Article to the State Employees' Retirement System.    At  the
 2    time  of  the  transfer  the  Fund  shall  pay  to  the State
 3    Employees' Retirement System an amount equal 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)  the   corresponding    municipality    credits,
 8        including  interest, on the books of the Fund on the date
 9        of transfer; and
10             (3)  any interest paid by the applicant in order  to
11        reinstate service.
12    Participation  in  this  Fund  shall terminate on the date of
13    transfer.
14        (b)  Until January 31, 1994, any such State policeman  or
15    investigator for the Secretary of State may reinstate service
16    that  was terminated by receipt of a refund, by paying to the
17    Fund the amount of the refund with interest  thereon  at  the
18    rate  of  6%  per year, compounded annually, from the date of
19    refund to the date of payment.
20        (c)  Within 30 days after  the  effective  date  of  this
21    amendatory  Act  of  1993,  any  active  member  of the State
22    Employees'  Retirement  System  who  was   earning   eligible
23    creditable  service  under  subdivision  (b)(12)  of  Section
24    14-110  on  January  1, 1992 and who has at least 17 years of
25    creditable service under this Article may apply for  transfer
26    of  his  creditable service accumulated under this Article to
27    the State Employees' Retirement System.  At the time  of  the
28    transfer   the   Fund  shall  pay  to  the  State  Employees'
29    Retirement System an amount equal to:
30             (1)  the amounts accumulated to the  credit  of  the
31        applicant  on  the  books  of  the  Fund  on  the date of
32        transfer; and
33             (2)  the   corresponding    municipality    credits,
34        including  interest, on the books of the Fund on the date
                            -4-                LRB9009902EGfg
 1        of transfer.
 2    Participation in this Fund shall terminate  on  the  date  of
 3    transfer.
 4        (d)  Until  January  1,  2000,  any  active member of the
 5    State Employees' Retirement System who is a  State  policeman
 6    may  apply  for  transfer  of  some  or  all  of  his  or her
 7    creditable service accumulated  under  this  Article  to  the
 8    State  Employees'  Retirement  System.   At  the  time of the
 9    transfer  the  Fund  shall  pay  to  the   State   Employees'
10    Retirement System an amount equal to:
11             (1)  the  amounts  accumulated  to the credit of the
12        applicant on the books of the Fund for the service to  be
13        transferred on the date of transfer; 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 that service.
19    Participation in  this  Fund  with  respect  to  the  credits
20    transferred shall terminate on the date of transfer.
21        (e)  Until  January 1, 2000, any such State policeman may
22    reinstate service that was terminated by receipt of a refund,
23    by paying to the Fund the amount of the refund plus  interest
24    at  the  rate  of  6% per year, compounded annually, from the
25    date of refund to the date of payment.
26    (Source: P.A. 86-1488; 87-1265.)
27        (40 ILCS 5/7-139.7) (from Ch. 108 1/2, par. 7-139.7)
28        Sec. 7-139.7.  Transfer to Article 14.
29        (a)  Until January 31, 1994, any  active  member  of  the
30    State  Employees' Retirement System who is a State policeman,
31    a conservation police officer, or  an  investigator  for  the
32    Secretary  of  State may apply for transfer of his creditable
33    service accumulated under  this  Article  for  service  as  a
                            -5-                LRB9009902EGfg
 1    sheriff's law enforcement employee, or service as a municipal
 2    conservator of the peace, certified under the Police Training
 3    Act,  to the State Employees' Retirement System.  At the time
 4    of the transfer the Fund shall pay to  the  State  Employees'
 5    Retirement System an amount equal to:
 6             (1)  the  amounts  accumulated  to the credit of the
 7        applicant for such service on the books of  the  Fund  on
 8        the date of transfer; and
 9             (2)  the    corresponding    municipality   credits,
10        including interest, on the books of the Fund on the  date
11        of transfer; and
12             (3)  any  interest paid by the applicant in order to
13        reinstate such service.
14    Participation in this Fund with respect  to  the  transferred
15    credits shall terminate on the date of transfer.
16        (b)  Until  January  31,  1993, any such State policeman,
17    conservation police officer or investigator for the Secretary
18    of State may reinstate service that was terminated by receipt
19    of a refund, by paying to the Fund the amount of  the  refund
20    with  interest thereon at the effective rate from the date of
21    refund to the date of payment.
22        (c)  Until January 1, 2000,  any  active  member  of  the
23    State  Employees'  Retirement System who is a State policeman
24    may apply  for  transfer  of  some  or  all  of  his  or  her
25    creditable service accumulated under this Article for service
26    as   a  sheriff's  law  enforcement  employee  to  the  State
27    Employees' Retirement System.  At the time  of  the  transfer
28    the  Fund shall pay to the State Employees' Retirement System
29    an amount equal to:
30             (1)  the amounts accumulated to the  credit  of  the
31        applicant  for the service to be transferred on the books
32        of the Fund on the date of transfer; and
33             (2)  the   corresponding    municipality    credits,
34        including  interest, on the books of the Fund on the date
                            -6-                LRB9009902EGfg
 1        of transfer; and
 2             (3)  any interest paid by the applicant in order  to
 3        reinstate that service.
 4    Participation  in  this  Fund with respect to the transferred
 5    credits shall terminate on the date of transfer.
 6        (d)  Until January 1, 2000, any such State policeman  may
 7    reinstate service that was terminated by receipt of a refund,
 8    by  paying to the Fund the amount of the refund with interest
 9    thereon at the effective rate from the date of refund to  the
10    date of payment.
11    (Source: P.A. 87-794; 87-850; 87-1265.)
12        (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
13        Sec. 9-121.10.  Transfer to Article 14.
14        (a)  Until  January  1,  2000  July  1,  1993, any active
15    member of the State Employees' Retirement  System  who  is  a
16    State  policeman may apply for transfer of some or all of his
17    or her creditable service as a member of  the  County  Police
18    Department  accumulated  under  this  Article  to  the  State
19    Employees'  Retirement  System.   At the time of the transfer
20    the Fund shall pay to the State Employees' Retirement  System
21    an amount equal to:
22             (1)  the  amounts  accumulated  to the credit of the
23        applicant on the  books  of  the  Fund  on  the  date  of
24        transfer for the service to be transferred; 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 such service.
30    Participation in  this  Fund  with  respect  to  the  credits
31    transferred shall terminate on the date of transfer.
32        (b)  Until  January  1, 2000 July 1, 1993, any such State
33    policeman may reinstate credit for service as a member of the
                            -7-                LRB9009902EGfg
 1    County Police Department that was terminated by receipt of  a
 2    refund,  by  paying to the Fund the amount of the refund with
 3    interest thereon at the  rate  of  6%  per  year,  compounded
 4    annually, from the date of refund to the date of payment.
 5    (Source: P.A. 87-1265.)
 6        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
 7        Sec. 14-110.  Alternative retirement annuity.
 8        (a)  Any  member  who has withdrawn from service with not
 9    less than 20 years of eligible  creditable  service  and  has
10    attained  age  55,  and  any  member  who  has withdrawn from
11    service with not less than 25 years  of  eligible  creditable
12    service  and  has  attained age 50, regardless of whether the
13    attainment of either of the specified ages occurs  while  the
14    member  is  still in service, shall be entitled to receive at
15    the option of the member, in lieu of the regular  or  minimum
16    retirement   annuity,   a  retirement   annuity  computed  as
17    follows:
18             (i)  for  periods  of  service   as   a   noncovered
19        employee,  2  1/4% of final average compensation for each
20        of the first 10 years of creditable service, 2  1/2%  for
21        each  year  above  10  years to and including 20 years of
22        creditable  service,  and  2  3/4%  for  each   year   of
23        creditable service above 20 years; and
24             (ii)  for  periods of eligible creditable service as
25        a covered employee, 1.67% of final  average  compensation
26        for each of the first 10 years of such service, 1.90% for
27        each of the next 10 years of such service, 2.10% for each
28        year  of  such  service in excess of 20 but not exceeding
29        30, and 2.30% for each year in excess of 30.
30        Such annuity shall be subject to  a  maximum  of  75%  of
31    final   average  compensation.   These  rates  shall  not  be
32    applicable to any service performed by a member as a  covered
33    employee  which  is not eligible creditable service.  Service
                            -8-                LRB9009902EGfg
 1    as a  covered  employee  which  is  not  eligible  creditable
 2    service  shall  be  subject  to  the  rates and provisions of
 3    Section 14-108.
 4        (b)  For  the  purpose   of   this   Section,   "eligible
 5    creditable  service"  means creditable service resulting from
 6    service in one or more of the following positions:
 7             (1)  State policeman;
 8             (2)  fire fighter in the fire protection service  of
 9        a department;
10             (3)  air pilot;
11             (4)  special agent;
12             (5)  investigator for the Secretary of State;
13             (6)  conservation police officer;
14             (7)  investigator for the Department of Revenue;
15             (8)  security  employee  of  the Department of Human
16        Services;
17             (9)  Central  Management  Services  security  police
18        officer;
19             (10)  security  employee  of   the   Department   of
20        Corrections;
21             (11)  dangerous drugs investigator;
22             (12)  investigator   for  the  Department  of  State
23        Police;
24             (13)  investigator for the Office  of  the  Attorney
25        General;
26             (14)  controlled substance inspector;
27             (15)  investigator  for  the  Office  of the State's
28        Attorneys Appellate Prosecutor;
29             (16)  Commerce Commission police officer;
30             (17)  arson investigator.
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
                            -9-                LRB9009902EGfg
 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
                            -10-               LRB9009902EGfg
 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
                            -11-               LRB9009902EGfg
 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
                            -12-               LRB9009902EGfg
 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
                            -13-               LRB9009902EGfg
 1        reason   of   Sections  218(d)(5)(A),  218(d)(8)(D),  and
 2        218(l)(1) of that Act.
 3             (17)  "Arson investigator" means any person  who  is
 4        employed  as such by the Office of the State Fire Marshal
 5        and is vested with such law enforcement duties as  render
 6        the  person  ineligible  for  coverage  under  the Social
 7        Security  Act  by  reason   of   Sections   218(d)(5)(A),
 8        218(d)(8)(D),  and  218(l)(1)  of that Act.  A person who
 9        was employed as an arson investigator on January 1,  1995
10        and  is  no  longer  in  service  but not yet receiving a
11        retirement annuity may  convert  his  or  her  creditable
12        service  for  employment  as  an  arson investigator into
13        eligible creditable service by paying to the  System  the
14        difference  between  the  employee contributions actually
15        paid for that service and the  amounts  that  would  have
16        been  contributed  if  the applicant were contributing at
17        the rate applicable  to  persons  with  the  same  social
18        security  status  earning  eligible creditable service on
19        the date of application.
20        (d)  A   security   employee   of   the   Department   of
21    Corrections, and a security employee  of  the  Department  of
22    Human  Services  who  is  not a mental health police officer,
23    shall not be eligible for the alternative retirement  annuity
24    provided by this Section unless he or she meets the following
25    minimum   age   and  service  requirements  at  the  time  of
26    retirement:
27             (i)  25 years of eligible creditable service and age
28        55; or
29             (ii)  beginning  January  1,  1987,  25   years   of
30        eligible  creditable  service  and age 54, or 24 years of
31        eligible creditable service and age 55; or
32             (iii)  beginning  January  1,  1988,  25  years   of
33        eligible  creditable  service  and age 53, or 23 years of
34        eligible creditable service and age 55; or
                            -14-               LRB9009902EGfg
 1             (iv)  beginning  January  1,  1989,  25   years   of
 2        eligible  creditable  service  and age 52, or 22 years of
 3        eligible creditable service and age 55; or
 4             (v)  beginning January 1, 1990, 25 years of eligible
 5        creditable service and age 51, or 21  years  of  eligible
 6        creditable service and age 55; or
 7             (vi)  beginning   January   1,  1991,  25  years  of
 8        eligible creditable service and age 50, or  20  years  of
 9        eligible creditable service and age 55.
10        Persons  who have service credit under Article 16 of this
11    Code for service as a security employee of the Department  of
12    Corrections  in  a  position  requiring  certification  as  a
13    teacher  may  count  such  service  toward establishing their
14    eligibility under the service requirements of  this  Section;
15    but  such  service  may  be  used  only for establishing such
16    eligibility,  and  not  for  the  purpose  of  increasing  or
17    calculating any benefit.
18        (e)  If a member enters military service while working in
19    a position  in  which  eligible  creditable  service  may  be
20    earned,  and  returns to State service in the same or another
21    such  position,  and  fulfills  in  all  other  respects  the
22    conditions prescribed in this Article for credit for military
23    service, such military service shall be credited as  eligible
24    creditable service for the purposes of the retirement annuity
25    prescribed in this Section.
26        (f)  For  purposes  of  calculating  retirement annuities
27    under  this  Section,  periods  of  service  rendered   after
28    December  31,  1968  and  before October 1, 1975 as a covered
29    employee in  the  position  of  special  agent,  conservation
30    police officer, mental health police officer, or investigator
31    for  the  Secretary  of  State,  shall be deemed to have been
32    service as a noncovered employee, provided that the  employee
33    pays to the System prior to retirement an amount equal to (1)
34    the  difference between the employee contributions that would
                            -15-               LRB9009902EGfg
 1    have been required for such service as a noncovered employee,
 2    and the amount of employee contributions actually paid,  plus
 3    (2)  if payment is made after July 31, 1987, regular interest
 4    on the amount specified in item (1) from the date of  service
 5    to the date of payment.
 6        For  purposes  of  calculating retirement annuities under
 7    this Section, periods of service rendered after December  31,
 8    1968  and before January 1, 1982 as a covered employee in the
 9    position of investigator for the Department of Revenue  shall
10    be  deemed  to  have  been  service as a noncovered employee,
11    provided that the  employee  pays  to  the  System  prior  to
12    retirement  an amount equal to (1) the difference between the
13    employee contributions that would have been required for such
14    service as a noncovered employee, and the amount of  employee
15    contributions  actually  paid,  plus  (2)  if payment is made
16    after  January  1,  1990,  regular  interest  on  the  amount
17    specified in item (1) from the date of service to the date of
18    payment.
19        (g)  A State policeman may elect, not later than  January
20    1,  1990,  to establish eligible creditable service for up to
21    10 years of his service as a policeman under  Article  3,  by
22    filing  a  written  election  with  the Board, accompanied by
23    payment of an amount to be determined by the Board, equal  to
24    (i)  the  difference  between  the  amount  of  employee  and
25    employer   contributions  transferred  to  the  System  under
26    Section  3-110.5,  and  the  amounts  that  would  have  been
27    contributed had such contributions been  made  at  the  rates
28    applicable  to State policemen, plus (ii) interest thereon at
29    the effective rate for each year, compounded  annually,  from
30    the date of service to the date of payment.
31        Subject  to  the  limitation  in  subsection (i), a State
32    policeman  may  elect,  not  later  than  July  1,  1993,  to
33    establish eligible creditable service for up to 10  years  of
34    his service as a member of the County Police Department under
                            -16-               LRB9009902EGfg
 1    Article  9,  by  filing  a  written  election with the Board,
 2    accompanied by payment of an amount to be determined  by  the
 3    Board,  equal  to  (i)  the  difference between the amount of
 4    employee and employer contributions transferred to the System
 5    under Section 9-121.10 and the amounts that would  have  been
 6    contributed  had  those  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 to establish eligible creditable service
12    for up to 12 years of his or her service as a policeman under
13    Article 3 or 5, a sheriff's law  enforcement  employee  under
14    Article  7, or a member of the County Police Department under
15    Article 9, by filing a written election  with  the  Board  by
16    January 1, 2000 and paying to the System within 5 years after
17    the  date  of  application  (but  no  later  than  the day of
18    withdrawal) an amount to be determined by the  System,  equal
19    to the deficiency, if any, between (i) the amount transferred
20    to  the  System  under  Section  3-110.5,  5-236, 7-139.7, or
21    9-121.10 and (ii) the amount that would have been contributed
22    to the System had employer and  employee  contributions  been
23    made  for  the transferred service at the rates applicable to
24    State policemen, including interest thereon at the  effective
25    rate  for  each  year,  compounded annually, from the date of
26    service to the date of payment.
27        (h)  Subject to the limitation in subsection  (i),  an  a
28    State  policeman  or  investigator for the Secretary of State
29    may elect to establish eligible creditable service for up  to
30    12  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
                            -17-               LRB9009902EGfg
 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), (j),
24    (k), and (l) 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
                            -18-               LRB9009902EGfg
 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,  an  alternative  formula  employee  may  elect   to
 8    establish  eligible creditable service for periods spent as a
 9    full-time law enforcement officer  or  full-time  corrections
10    officer  employed  by the federal government or by a state or
11    local government  located  outside  of  Illinois,  for  which
12    credit  is not held in any other public employee pension fund
13    or retirement system.  To obtain this credit,  the  applicant
14    must  file  a written application with the Board by March 31,
15    1998, accompanied by evidence of  eligibility  acceptable  to
16    the  Board  and  payment of an amount to be determined by the
17    Board, equal to (1) employee  contributions  for  the  credit
18    being  established,  based upon the applicant's salary on the
19    first day  as  an  alternative  formula  employee  after  the
20    employment  for  which  credit  is  being established and the
21    rates then applicable to alternative formula employees,  plus
22    (2)  an  amount  determined by the Board to be the employer's
23    normal cost of the benefits  accrued  for  the  credit  being
24    established,  plus  (3)  regular  interest  on the amounts in
25    items (1) and (2)  from  the  first  day  as  an  alternative
26    formula  employee  after  the  employment for which credit is
27    being established to the date of payment.
28        (l)  Subject to  the  limitation  in  subsection  (i),  a
29    security employee of the Department of Corrections may elect,
30    not later than July 1, 1998, to establish eligible creditable
31    service  for  up  to  10  years  of  his  or her service as a
32    policeman under Article 3, by filing a written election  with
33    the  Board,  accompanied  by  payment  of  an  amount  to  be
34    determined  by the Board, equal to (i) the difference between
                            -19-               LRB9009902EGfg
 1    the amount of employee and employer contributions transferred
 2    to the System under Section 3-110.5,  and  the  amounts  that
 3    would  have been contributed had such contributions been made
 4    at  the  rates  applicable  to  security  employees  of   the
 5    Department  of Corrections, plus (ii) interest thereon at the
 6    effective rate for each year, compounded annually,  from  the
 7    date of service to the date of payment.
 8    (Source: P.A.  89-136,  eff.  7-14-95;  89-445,  eff. 2-7-96;
 9    89-507, eff. 7-1-97; 90-32, eff. 6-27-97.)
10        Section 99. Effective date.  This Act takes  effect  upon
11    becoming law.

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