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90_SB0133
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the State Employee Article of the Illinois Pension
Code to allow State police officers to establish service
credit for certain time spent as a law enforcement officer
employed by the federal government or a state or local
government located outside of Illinois. Requires payment of
both employee and employer contributions plus interest.
Effective immediately.
LRB9000388EGfg
LRB9000388EGfg
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 (Text of Section in effect until July 1, 1997)
9 Sec. 14-110. Alternative retirement annuity.
10 (a) Any member who has withdrawn from service with not
11 less than 20 years of eligible creditable service and has
12 attained age 55, and any member who has withdrawn from
13 service with not less than 25 years of eligible creditable
14 service and has attained age 50, regardless of whether the
15 attainment of either of the specified ages occurs while the
16 member is still in service, shall be entitled to receive at
17 the option of the member, in lieu of the regular or minimum
18 retirement annuity, a retirement annuity computed as
19 follows:
20 (i) for periods of service as a noncovered
21 employee, 2 1/4% of final average compensation for each
22 of the first 10 years of creditable service, 2 1/2% for
23 each year above 10 years to and including 20 years of
24 creditable service, and 2 3/4% for each year of
25 creditable service above 20 years; and
26 (ii) for periods of eligible creditable service as
27 a covered employee, 1.67% of final average compensation
28 for each of the first 10 years of such service, 1.90% for
29 each of the next 10 years of such service, 2.10% for each
30 year of such service in excess of 20 but not exceeding
31 30, and 2.30% for each year in excess of 30.
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1 Such annuity shall be subject to a maximum of 75% of
2 final average compensation. These rates shall not be
3 applicable to any service performed by a member as a covered
4 employee which is not eligible creditable service. Service
5 as a covered employee which is not eligible creditable
6 service shall be subject to the rates and provisions of
7 Section 14-108.
8 (b) For the purpose of this Section, "eligible
9 creditable service" means creditable service resulting from
10 service in one or more of the following positions:
11 (1) State policeman;
12 (2) fire fighter in the fire protection service of
13 a department;
14 (3) air pilot;
15 (4) special agent;
16 (5) investigator for the Secretary of State;
17 (6) conservation police officer;
18 (7) investigator for the Department of Revenue;
19 (8) security employee of the Department of Mental
20 Health and Developmental Disabilities;
21 (9) Central Management Services security police
22 officer;
23 (10) security employee of the Department of
24 Corrections;
25 (11) dangerous drugs investigator;
26 (12) investigator for the Department of State
27 Police;
28 (13) investigator for the Office of the Attorney
29 General;
30 (14) controlled substance inspector;
31 (15) investigator for the Office of the State's
32 Attorneys Appellate Prosecutor;
33 (16) Commerce Commission police officer.
34 A person employed in one of the positions specified in
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1 this subsection is entitled to eligible creditable service
2 for service credit earned under this Article while undergoing
3 the basic police training course approved by the Illinois
4 Local Governmental Law Enforcement Officers Training Board,
5 if completion of that training is required of persons serving
6 in that position. For the purposes of this Code, service
7 during the required basic police training course shall be
8 deemed performance of the duties of the specified position,
9 even though the person is not a sworn peace officer at the
10 time of the training.
11 (c) For the purposes of this Section:
12 (1) The term "state policeman" includes any title
13 or position in the Department of State Police that is
14 held by an individual employed under the State Police
15 Act.
16 (2) The term "fire fighter in the fire protection
17 service of a department" includes all officers in such
18 fire protection service including fire chiefs and
19 assistant fire chiefs.
20 (3) The term "air pilot" includes any employee
21 whose official job description on file in the Department
22 of Central Management Services, or in the department by
23 which he is employed if that department is not covered by
24 the Personnel Code, states that his principal duty is the
25 operation of aircraft, and who possesses a pilot's
26 license; however, the change in this definition made by
27 this amendatory Act of 1983 shall not operate to exclude
28 any noncovered employee who was an "air pilot" for the
29 purposes of this Section on January 1, 1984.
30 (4) The term "special agent" means any person who
31 by reason of employment by the Division of Narcotic
32 Control, the Bureau of Investigation or, after July 1,
33 1977, the Division of Criminal Investigation, the
34 Division of Internal Investigation or any other Division
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1 or organizational entity in the Department of State
2 Police is vested by law with duties to maintain public
3 order, investigate violations of the criminal law of this
4 State, enforce the laws of this State, make arrests and
5 recover property. The term "special agent" includes any
6 title or position in the Department of State Police that
7 is held by an individual employed under the State Police
8 Act.
9 (5) The term "investigator for the Secretary of
10 State" means any person employed by the Office of the
11 Secretary of State and vested with such investigative
12 duties as render him ineligible for coverage under the
13 Social Security Act by reason of Sections 218(d)(5)(A),
14 218(d)(8)(D) and 218(l)(1) of that Act.
15 A person who became employed as an investigator for
16 the Secretary of State between January 1, 1967 and
17 December 31, 1975, and who has served as such until
18 attainment of age 60, either continuously or with a
19 single break in service of not more than 3 years
20 duration, which break terminated before January 1, 1976,
21 shall be entitled to have his retirement annuity
22 calculated in accordance with subsection (a),
23 notwithstanding that he has less than 20 years of credit
24 for such service.
25 (6) The term "Conservation Police Officer" means
26 any person employed by the Division of Law Enforcement of
27 the Department of Natural Resources and vested with such
28 law enforcement duties as render him ineligible for
29 coverage under the Social Security Act by reason of
30 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
31 that Act. The term "Conservation Police Officer"
32 includes the positions of Chief Conservation Police
33 Administrator and Assistant Conservation Police
34 Administrator.
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1 (7) The term "investigator for the Department of
2 Revenue" means any person employed by the Department of
3 Revenue and vested with such investigative duties as
4 render him ineligible for coverage under the Social
5 Security Act by reason of Sections 218(d)(5)(A),
6 218(d)(8)(D) and 218(l)(1) of that Act.
7 (8) The term "security employee of the Department
8 of Mental Health and Developmental Disabilities" means
9 any person employed by the Department of Mental Health
10 and Developmental Disabilities who is employed at the
11 Chester Mental Health Center and has daily contact with
12 the residents thereof, or who is a mental health police
13 officer. "Mental health police officer" means any person
14 employed by the Department of Mental Health and
15 Developmental Disabilities who is vested with such law
16 enforcement duties as render him ineligible for coverage
17 under the Social Security Act by reason of Sections
18 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
19 (9) "Central Management Services security police
20 officer" means any person employed by the Department of
21 Central Management Services who is vested with such law
22 enforcement duties as render him ineligible for coverage
23 under the Social Security Act by reason of Sections
24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
25 (10) The term "security employee of the Department
26 of Corrections" means any employee of the Department of
27 Corrections or the former Department of Personnel, and
28 any member or employee of the Prisoner Review Board, who
29 has daily contact with inmates by working within a
30 correctional facility or who is a parole officer or an
31 employee who has direct contact with committed persons in
32 the performance of his or her job duties.
33 (11) The term "dangerous drugs investigator" means
34 any person who is employed as such by the Department of
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1 Alcoholism and Substance Abuse.
2 (12) The term "investigator for the Department of
3 State Police" means a person employed by the Department
4 of State Police who is vested under Section 4 of the
5 Narcotic Control Division Abolition Act with such law
6 enforcement powers as render him ineligible for coverage
7 under the Social Security Act by reason of Sections
8 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
9 (13) "Investigator for the Office of the Attorney
10 General" means any person who is employed as such by the
11 Office of the Attorney General and is vested with such
12 investigative duties as render him ineligible for
13 coverage under the Social Security Act by reason of
14 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
15 Act. For the period before January 1, 1989, the term
16 includes all persons who were employed as investigators
17 by the Office of the Attorney General, without regard to
18 social security status.
19 (14) "Controlled substance inspector" means any
20 person who is employed as such by the Department of
21 Professional Regulation and is vested with such law
22 enforcement duties as render him ineligible for coverage
23 under the Social Security Act by reason of Sections
24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
25 The term "controlled substance inspector" includes the
26 Program Executive of Enforcement and the Assistant
27 Program Executive of Enforcement.
28 (15) The term "investigator for the Office of the
29 State's Attorneys Appellate Prosecutor" means a person
30 employed in that capacity on a full time basis under the
31 authority of Section 7.06 of the State's Attorneys
32 Appellate Prosecutor's Act.
33 (16) "Commerce Commission police officer" means any
34 person employed by the Illinois Commerce Commission who
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1 is vested with such law enforcement duties as render him
2 ineligible for coverage under the Social Security Act by
3 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
4 218(l)(1) of that Act.
5 (d) A security employee of the Department of
6 Corrections, and a security employee of the Department of
7 Mental Health and Developmental Disabilities who is not a
8 mental health police officer, shall not be eligible for the
9 alternative retirement annuity provided by this Section
10 unless he or she meets the following minimum age and service
11 requirements at the time of retirement:
12 (i) 25 years of eligible creditable service and age
13 55; or
14 (ii) beginning January 1, 1987, 25 years of
15 eligible creditable service and age 54, or 24 years of
16 eligible creditable service and age 55; or
17 (iii) beginning January 1, 1988, 25 years of
18 eligible creditable service and age 53, or 23 years of
19 eligible creditable service and age 55; or
20 (iv) beginning January 1, 1989, 25 years of
21 eligible creditable service and age 52, or 22 years of
22 eligible creditable service and age 55; or
23 (v) beginning January 1, 1990, 25 years of eligible
24 creditable service and age 51, or 21 years of eligible
25 creditable service and age 55; or
26 (vi) beginning January 1, 1991, 25 years of
27 eligible creditable service and age 50, or 20 years of
28 eligible creditable service and age 55.
29 Persons who have service credit under Article 16 of this
30 Code for service as a security employee of the Department of
31 Corrections in a position requiring certification as a
32 teacher may count such service toward establishing their
33 eligibility under the service requirements of this Section;
34 but such service may be used only for establishing such
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1 eligibility, and not for the purpose of increasing or
2 calculating any benefit.
3 (e) If a member enters military service while working in
4 a position in which eligible creditable service may be
5 earned, and returns to State service in the same or another
6 such position, and fulfills in all other respects the
7 conditions prescribed in this Article for credit for military
8 service, such military service shall be credited as eligible
9 creditable service for the purposes of the retirement annuity
10 prescribed in this Section.
11 (f) For purposes of calculating retirement annuities
12 under this Section, periods of service rendered after
13 December 31, 1968 and before October 1, 1975 as a covered
14 employee in the position of special agent, conservation
15 police officer, mental health police officer, or investigator
16 for the Secretary of State, shall be deemed to have been
17 service as a noncovered employee, provided that the employee
18 pays to the System prior to retirement an amount equal to (1)
19 the difference between the employee contributions that would
20 have been required for such service as a noncovered employee,
21 and the amount of employee contributions actually paid, plus
22 (2) if payment is made after July 31, 1987, regular interest
23 on the amount specified in item (1) from the date of service
24 to the date of payment.
25 For purposes of calculating retirement annuities under
26 this Section, periods of service rendered after December 31,
27 1968 and before January 1, 1982 as a covered employee in the
28 position of investigator for the Department of Revenue shall
29 be deemed to have been service as a noncovered employee,
30 provided that the employee pays to the System prior to
31 retirement an amount equal to (1) the difference between the
32 employee contributions that would have been required for such
33 service as a noncovered employee, and the amount of employee
34 contributions actually paid, plus (2) if payment is made
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1 after January 1, 1990, regular interest on the amount
2 specified in item (1) from the date of service to the date of
3 payment.
4 (g) A State policeman may elect, not later than January
5 1, 1990, to establish eligible creditable service for up to
6 10 years of his service as a policeman under Article 3, by
7 filing a written election with the Board, accompanied by
8 payment of an amount to be determined by the Board, equal to
9 (i) the difference between the amount of employee and
10 employer contributions transferred to the System under
11 Section 3-110.5, and the amounts that would have been
12 contributed had such contributions been made at the rates
13 applicable to State policemen, plus (ii) interest thereon at
14 the effective rate for each year, compounded annually, from
15 the date of service to the date of payment.
16 Subject to the limitation in subsection (i), a State
17 policeman may elect, not later than July 1, 1993, to
18 establish eligible creditable service for up to 10 years of
19 his service as a member of the County Police Department under
20 Article 9, by filing a written election with the Board,
21 accompanied by payment of an amount to be determined by the
22 Board, equal to (i) the difference between the amount of
23 employee and employer contributions transferred to the System
24 under Section 9-121.10 and the amounts that would have been
25 contributed had those contributions been made at the rates
26 applicable to State policemen, plus (ii) interest thereon at
27 the effective rate for each year, compounded annually, from
28 the date of service to the date of payment.
29 Subject to the limitation in subsection (i) of this
30 Section, a State policeman may elect to establish eligible
31 creditable service for periods spent as a full-time law
32 enforcement officer employed by the federal government or by
33 a state or local government located outside of Illinois, for
34 which credit is not held in any other public employee pension
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1 fund or retirement system. To obtain this credit, the
2 applicant must file a written application with the Board by
3 March 31, 1998, accompanied by evidence of eligibility
4 acceptable to the Board and payment of an amount to be
5 determined by the Board, equal to (1) employee contributions
6 for the credit being established, based upon the applicant's
7 salary on the first day as a participating State policeman
8 after the employment for which credit is being established
9 and the rates then applicable to State policemen, plus (2) an
10 amount determined by the Board to be the employer's normal
11 cost of the benefits accrued for the credit being
12 established, plus (3) regular interest on the amounts in
13 items (1) and (2) from the first day as a participating State
14 policeman after the employment for which credit is being
15 established to the date of payment.
16 (h) Subject to the limitation in subsection (i), a State
17 policeman or investigator for the Secretary of State may
18 elect to establish eligible creditable service for up to 12
19 years of his service as a policeman under Article 5, by
20 filing a written election with the Board on or before January
21 31, 1992, and paying to the System by January 31, 1994 an
22 amount to be determined by the Board, equal to (i) the
23 difference between the amount of employee and employer
24 contributions transferred to the System under Section 5-236,
25 and the amounts that would have been contributed had such
26 contributions been made at the rates applicable to State
27 policemen, plus (ii) interest thereon at the effective rate
28 for each year, compounded annually, from the date of service
29 to the date of payment.
30 Subject to the limitation in subsection (i), a State
31 policeman, conservation police officer, or investigator for
32 the Secretary of State may elect to establish eligible
33 creditable service for up to 10 years of service as a
34 sheriff's law enforcement employee under Article 7, by filing
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1 a written election with the Board on or before January 31,
2 1993, and paying to the System by January 31, 1994 an amount
3 to be determined by the Board, equal to (i) the difference
4 between the amount of employee and employer contributions
5 transferred to the System under Section 7-139.7, and the
6 amounts that would have been contributed had such
7 contributions been made at the rates applicable to State
8 policemen, plus (ii) interest thereon at the effective rate
9 for each year, compounded annually, from the date of service
10 to the date of payment.
11 (i) The total amount of eligible creditable service
12 established by any person under subsections (g), (h) and (j)
13 of this Section shall not exceed 12 years.
14 (j) Subject to the limitation in subsection (i), an
15 investigator for the Office of the State's Attorneys
16 Appellate Prosecutor may elect to establish eligible
17 creditable service for up to 10 years of his service as a
18 policeman under Article 3 or a sheriff's law enforcement
19 employee under Article 7, by filing a written election with
20 the Board, accompanied by payment of an amount to be
21 determined by the Board, equal to (1) the difference between
22 the amount of employee and employer contributions transferred
23 to the System under Section 3-110.6 or 7-139.8, and the
24 amounts that would have been contributed had such
25 contributions been made at the rates applicable to State
26 policemen, plus (2) interest thereon at the effective rate
27 for each year, compounded annually, from the date of service
28 to the date of payment.
29 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
30 (Text of Section taking effect July 1, 1997)
31 Sec. 14-110. Alternative retirement annuity.
32 (a) Any member who has withdrawn from service with not
33 less than 20 years of eligible creditable service and has
34 attained age 55, and any member who has withdrawn from
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1 service with not less than 25 years of eligible creditable
2 service and has attained age 50, regardless of whether the
3 attainment of either of the specified ages occurs while the
4 member is still in service, shall be entitled to receive at
5 the option of the member, in lieu of the regular or minimum
6 retirement annuity, a retirement annuity computed as
7 follows:
8 (i) for periods of service as a noncovered
9 employee, 2 1/4% of final average compensation for each
10 of the first 10 years of creditable service, 2 1/2% for
11 each year above 10 years to and including 20 years of
12 creditable service, and 2 3/4% for each year of
13 creditable service above 20 years; and
14 (ii) for periods of eligible creditable service as
15 a covered employee, 1.67% of final average compensation
16 for each of the first 10 years of such service, 1.90% for
17 each of the next 10 years of such service, 2.10% for each
18 year of such service in excess of 20 but not exceeding
19 30, and 2.30% for each year in excess of 30.
20 Such annuity shall be subject to a maximum of 75% of
21 final average compensation. These rates shall not be
22 applicable to any service performed by a member as a covered
23 employee which is not eligible creditable service. Service
24 as a covered employee which is not eligible creditable
25 service shall be subject to the rates and provisions of
26 Section 14-108.
27 (b) For the purpose of this Section, "eligible
28 creditable service" means creditable service resulting from
29 service in one or more of the following positions:
30 (1) State policeman;
31 (2) fire fighter in the fire protection service of
32 a department;
33 (3) air pilot;
34 (4) special agent;
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1 (5) investigator for the Secretary of State;
2 (6) conservation police officer;
3 (7) investigator for the Department of Revenue;
4 (8) security employee of the Department of Human
5 Services;
6 (9) Central Management Services security police
7 officer;
8 (10) security employee of the Department of
9 Corrections;
10 (11) dangerous drugs investigator;
11 (12) investigator for the Department of State
12 Police;
13 (13) investigator for the Office of the Attorney
14 General;
15 (14) controlled substance inspector;
16 (15) investigator for the Office of the State's
17 Attorneys Appellate Prosecutor;
18 (16) Commerce Commission police officer.
19 A person employed in one of the positions specified in
20 this subsection is entitled to eligible creditable service
21 for service credit earned under this Article while undergoing
22 the basic police training course approved by the Illinois
23 Local Governmental Law Enforcement Officers Training Board,
24 if completion of that training is required of persons serving
25 in that position. For the purposes of this Code, service
26 during the required basic police training course shall be
27 deemed performance of the duties of the specified position,
28 even though the person is not a sworn peace officer at the
29 time of the training.
30 (c) For the purposes of this Section:
31 (1) The term "state policeman" includes any title
32 or position in the Department of State Police that is
33 held by an individual employed under the State Police
34 Act.
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1 (2) The term "fire fighter in the fire protection
2 service of a department" includes all officers in such
3 fire protection service including fire chiefs and
4 assistant fire chiefs.
5 (3) The term "air pilot" includes any employee
6 whose official job description on file in the Department
7 of Central Management Services, or in the department by
8 which he is employed if that department is not covered by
9 the Personnel Code, states that his principal duty is the
10 operation of aircraft, and who possesses a pilot's
11 license; however, the change in this definition made by
12 this amendatory Act of 1983 shall not operate to exclude
13 any noncovered employee who was an "air pilot" for the
14 purposes of this Section on January 1, 1984.
15 (4) The term "special agent" means any person who
16 by reason of employment by the Division of Narcotic
17 Control, the Bureau of Investigation or, after July 1,
18 1977, the Division of Criminal Investigation, the
19 Division of Internal Investigation or any other Division
20 or organizational entity in the Department of State
21 Police is vested by law with duties to maintain public
22 order, investigate violations of the criminal law of this
23 State, enforce the laws of this State, make arrests and
24 recover property. The term "special agent" includes any
25 title or position in the Department of State Police that
26 is held by an individual employed under the State Police
27 Act.
28 (5) The term "investigator for the Secretary of
29 State" means any person employed by the Office of the
30 Secretary of State and vested with such investigative
31 duties as render him ineligible for coverage under the
32 Social Security Act by reason of Sections 218(d)(5)(A),
33 218(d)(8)(D) and 218(l)(1) of that Act.
34 A person who became employed as an investigator for
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1 the Secretary of State between January 1, 1967 and
2 December 31, 1975, and who has served as such until
3 attainment of age 60, either continuously or with a
4 single break in service of not more than 3 years
5 duration, which break terminated before January 1, 1976,
6 shall be entitled to have his retirement annuity
7 calculated in accordance with subsection (a),
8 notwithstanding that he has less than 20 years of credit
9 for such service.
10 (6) The term "Conservation Police Officer" means
11 any person employed by the Division of Law Enforcement of
12 the Department of Natural Resources and vested with such
13 law enforcement duties as render him ineligible for
14 coverage under the Social Security Act by reason of
15 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
16 that Act. The term "Conservation Police Officer"
17 includes the positions of Chief Conservation Police
18 Administrator and Assistant Conservation Police
19 Administrator.
20 (7) The term "investigator for the Department of
21 Revenue" means any person employed by the Department of
22 Revenue and vested with such investigative duties as
23 render him ineligible for coverage under the Social
24 Security Act by reason of Sections 218(d)(5)(A),
25 218(d)(8)(D) and 218(l)(1) of that Act.
26 (8) The term "security employee of the Department
27 of Human Services" means any person employed by the
28 Department of Human Services who is employed at the
29 Chester Mental Health Center and has daily contact with
30 the residents thereof, or who is a mental health police
31 officer. "Mental health police officer" means any person
32 employed by the Department of Human Services in a
33 position pertaining to the Department's mental health and
34 developmental disabilities functions who is vested with
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1 such law enforcement duties as render the person
2 ineligible for coverage under the Social Security Act by
3 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
4 218(l)(1) of that Act.
5 (9) "Central Management Services security police
6 officer" means any person employed by the Department of
7 Central Management Services who is vested with such law
8 enforcement duties as render him ineligible for coverage
9 under the Social Security Act by reason of Sections
10 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
11 (10) The term "security employee of the Department
12 of Corrections" means any employee of the Department of
13 Corrections or the former Department of Personnel, and
14 any member or employee of the Prisoner Review Board, who
15 has daily contact with inmates by working within a
16 correctional facility or who is a parole officer or an
17 employee who has direct contact with committed persons in
18 the performance of his or her job duties.
19 (11) The term "dangerous drugs investigator" means
20 any person who is employed as such by the Department of
21 Human Services.
22 (12) The term "investigator for the Department of
23 State Police" means a person employed by the Department
24 of State Police who is vested under Section 4 of the
25 Narcotic Control Division Abolition Act with such law
26 enforcement powers as render him ineligible for coverage
27 under the Social Security Act by reason of Sections
28 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
29 (13) "Investigator for the Office of the Attorney
30 General" means any person who is employed as such by the
31 Office of the Attorney General and is vested with such
32 investigative duties as render him ineligible for
33 coverage under the Social Security Act by reason of
34 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
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1 Act. For the period before January 1, 1989, the term
2 includes all persons who were employed as investigators
3 by the Office of the Attorney General, without regard to
4 social security status.
5 (14) "Controlled substance inspector" means any
6 person who is employed as such by the Department of
7 Professional Regulation and is vested with such law
8 enforcement duties as render him ineligible for coverage
9 under the Social Security Act by reason of Sections
10 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
11 The term "controlled substance inspector" includes the
12 Program Executive of Enforcement and the Assistant
13 Program Executive of Enforcement.
14 (15) The term "investigator for the Office of the
15 State's Attorneys Appellate Prosecutor" means a person
16 employed in that capacity on a full time basis under the
17 authority of Section 7.06 of the State's Attorneys
18 Appellate Prosecutor's Act.
19 (16) "Commerce Commission police officer" means any
20 person employed by the Illinois Commerce Commission who
21 is vested with such law enforcement duties as render him
22 ineligible for coverage under the Social Security Act by
23 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
24 218(l)(1) of that Act.
25 (d) A security employee of the Department of
26 Corrections, and a security employee of the Department of
27 Human Services who is not a mental health police officer,
28 shall not be eligible for the alternative retirement annuity
29 provided by this Section unless he or she meets the following
30 minimum age and service requirements at the time of
31 retirement:
32 (i) 25 years of eligible creditable service and age
33 55; or
34 (ii) beginning January 1, 1987, 25 years of
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1 eligible creditable service and age 54, or 24 years of
2 eligible creditable service and age 55; or
3 (iii) beginning January 1, 1988, 25 years of
4 eligible creditable service and age 53, or 23 years of
5 eligible creditable service and age 55; or
6 (iv) beginning January 1, 1989, 25 years of
7 eligible creditable service and age 52, or 22 years of
8 eligible creditable service and age 55; or
9 (v) beginning January 1, 1990, 25 years of eligible
10 creditable service and age 51, or 21 years of eligible
11 creditable service and age 55; or
12 (vi) beginning January 1, 1991, 25 years of
13 eligible creditable service and age 50, or 20 years of
14 eligible creditable service and age 55.
15 Persons who have service credit under Article 16 of this
16 Code for service as a security employee of the Department of
17 Corrections in a position requiring certification as a
18 teacher may count such service toward establishing their
19 eligibility under the service requirements of this Section;
20 but such service may be used only for establishing such
21 eligibility, and not for the purpose of increasing or
22 calculating any benefit.
23 (e) If a member enters military service while working in
24 a position in which eligible creditable service may be
25 earned, and returns to State service in the same or another
26 such position, and fulfills in all other respects the
27 conditions prescribed in this Article for credit for military
28 service, such military service shall be credited as eligible
29 creditable service for the purposes of the retirement annuity
30 prescribed in this Section.
31 (f) For purposes of calculating retirement annuities
32 under this Section, periods of service rendered after
33 December 31, 1968 and before October 1, 1975 as a covered
34 employee in the position of special agent, conservation
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1 police officer, mental health police officer, or investigator
2 for the Secretary of State, shall be deemed to have been
3 service as a noncovered employee, provided that the employee
4 pays to the System prior to retirement an amount equal to (1)
5 the difference between the employee contributions that would
6 have been required for such service as a noncovered employee,
7 and the amount of employee contributions actually paid, plus
8 (2) if payment is made after July 31, 1987, regular interest
9 on the amount specified in item (1) from the date of service
10 to the date of payment.
11 For purposes of calculating retirement annuities under
12 this Section, periods of service rendered after December 31,
13 1968 and before January 1, 1982 as a covered employee in the
14 position of investigator for the Department of Revenue shall
15 be deemed to have been service as a noncovered employee,
16 provided that the employee pays to the System prior to
17 retirement an amount equal to (1) the difference between the
18 employee contributions that would have been required for such
19 service as a noncovered employee, and the amount of employee
20 contributions actually paid, plus (2) if payment is made
21 after January 1, 1990, regular interest on the amount
22 specified in item (1) from the date of service to the date of
23 payment.
24 (g) A State policeman may elect, not later than January
25 1, 1990, to establish eligible creditable service for up to
26 10 years of his service as a policeman under Article 3, by
27 filing a written election with the Board, accompanied by
28 payment of an amount to be determined by the Board, equal to
29 (i) the difference between the amount of employee and
30 employer contributions transferred to the System under
31 Section 3-110.5, and the amounts that would have been
32 contributed had such contributions been made at the rates
33 applicable to State policemen, plus (ii) interest thereon at
34 the effective rate for each year, compounded annually, from
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1 the date of service to the date of payment.
2 Subject to the limitation in subsection (i), a State
3 policeman may elect, not later than July 1, 1993, to
4 establish eligible creditable service for up to 10 years of
5 his service as a member of the County Police Department under
6 Article 9, by filing a written election with the Board,
7 accompanied by payment of an amount to be determined by the
8 Board, equal to (i) the difference between the amount of
9 employee and employer contributions transferred to the System
10 under Section 9-121.10 and the amounts that would have been
11 contributed had those contributions been made at the rates
12 applicable to State policemen, plus (ii) interest thereon at
13 the effective rate for each year, compounded annually, from
14 the date of service to the date of payment.
15 Subject to the limitation in subsection (i) of this
16 Section, a State policeman may elect to establish eligible
17 creditable service for periods spent as a full-time law
18 enforcement officer employed by the federal government or by
19 a state or local government located outside of Illinois, for
20 which credit is not held in any other public employee pension
21 fund or retirement system. To obtain this credit, the
22 applicant must file a written application with the Board by
23 March 31, 1998, accompanied by evidence of eligibility
24 acceptable to the Board and payment of an amount to be
25 determined by the Board, equal to (1) employee contributions
26 for the credit being established, based upon the applicant's
27 salary on the first day as a participating State policeman
28 after the employment for which credit is being established
29 and the rates then applicable to State policemen, plus (2) an
30 amount determined by the Board to be the employer's normal
31 cost of the benefits accrued for the credit being
32 established, plus (3) regular interest on the amounts in
33 items (1) and (2) from the first day as a participating State
34 policeman after the employment for which credit is being
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1 established to the date of payment.
2 (h) Subject to the limitation in subsection (i), a State
3 policeman or investigator for the Secretary of State may
4 elect to establish eligible creditable service for up to 12
5 years of his service as a policeman under Article 5, by
6 filing a written election with the Board on or before January
7 31, 1992, and paying to the System by January 31, 1994 an
8 amount to be determined by the Board, equal to (i) the
9 difference between the amount of employee and employer
10 contributions transferred to the System under Section 5-236,
11 and the amounts that would have been contributed had such
12 contributions been made at the rates applicable to State
13 policemen, plus (ii) interest thereon at the effective rate
14 for each year, compounded annually, from the date of service
15 to the date of payment.
16 Subject to the limitation in subsection (i), a State
17 policeman, conservation police officer, or investigator for
18 the Secretary of State may elect to establish eligible
19 creditable service for up to 10 years of service as a
20 sheriff's law enforcement employee under Article 7, by filing
21 a written election with the Board on or before January 31,
22 1993, and paying to the System by January 31, 1994 an amount
23 to be determined by the Board, equal to (i) the difference
24 between the amount of employee and employer contributions
25 transferred to the System under Section 7-139.7, and the
26 amounts that would have been contributed had such
27 contributions been made at the rates applicable to State
28 policemen, plus (ii) interest thereon at the effective rate
29 for each year, compounded annually, from the date of service
30 to the date of payment.
31 (i) The total amount of eligible creditable service
32 established by any person under subsections (g), (h) and (j)
33 of this Section shall not exceed 12 years.
34 (j) Subject to the limitation in subsection (i), an
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1 investigator for the Office of the State's Attorneys
2 Appellate Prosecutor may elect to establish eligible
3 creditable service for up to 10 years of his service as a
4 policeman under Article 3 or a sheriff's law enforcement
5 employee under Article 7, by filing a written election with
6 the Board, accompanied by payment of an amount to be
7 determined by the Board, equal to (1) the difference between
8 the amount of employee and employer contributions transferred
9 to the System under Section 3-110.6 or 7-139.8, and the
10 amounts that would have been contributed had such
11 contributions been made at the rates applicable to State
12 policemen, plus (2) interest thereon at the effective rate
13 for each year, compounded annually, from the date of service
14 to the date of payment.
15 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
16 89-507, eff. 7-1-97.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.