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90_SB0135
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.
LRB9000391EGfg
LRB9000391EGfg
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10 (a) Any member who has withdrawn from service with not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12 attained age 55, and any member who has withdrawn from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.
-2- LRB9000391EGfg
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 On January 1, 1998, every retirement annuity calculated
9 under this Section that is payable on that date and is based
10 on at least 20 years of service as a State policeman shall be
11 increased to a monthly amount equal to $60 for each year of
12 service as a State policeman, up to a maximum of $1,500 per
13 month.
14 (b) For the purpose of this Section, "eligible
15 creditable service" means creditable service resulting from
16 service in one or more of the following positions:
17 (1) State policeman;
18 (2) fire fighter in the fire protection service of
19 a department;
20 (3) air pilot;
21 (4) special agent;
22 (5) investigator for the Secretary of State;
23 (6) conservation police officer;
24 (7) investigator for the Department of Revenue;
25 (8) security employee of the Department of Mental
26 Health and Developmental Disabilities;
27 (9) Central Management Services security police
28 officer;
29 (10) security employee of the Department of
30 Corrections;
31 (11) dangerous drugs investigator;
32 (12) investigator for the Department of State
33 Police;
34 (13) investigator for the Office of the Attorney
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1 General;
2 (14) controlled substance inspector;
3 (15) investigator for the Office of the State's
4 Attorneys Appellate Prosecutor;
5 (16) Commerce Commission police officer.
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 Mental Health and Developmental Disabilities" means
15 any person employed by the Department of Mental Health
16 and Developmental Disabilities who is employed at the
17 Chester Mental Health Center and has daily contact with
18 the residents thereof, or who is a mental health police
19 officer. "Mental health police officer" means any person
20 employed by the Department of Mental Health and
21 Developmental Disabilities 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 (9) "Central Management Services security police
26 officer" means any person employed by the Department of
27 Central Management Services who is vested with such law
28 enforcement duties as render him ineligible for coverage
29 under the Social Security Act by reason of Sections
30 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
31 (10) The term "security employee of the Department
32 of Corrections" means any employee of the Department of
33 Corrections or the former Department of Personnel, and
34 any member or employee of the Prisoner Review Board, who
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1 has daily contact with inmates by working within a
2 correctional facility or who is a parole officer or an
3 employee who has direct contact with committed persons in
4 the performance of his or her job duties.
5 (11) The term "dangerous drugs investigator" means
6 any person who is employed as such by the Department of
7 Alcoholism and Substance Abuse.
8 (12) The term "investigator for the Department of
9 State Police" means a person employed by the Department
10 of State Police who is vested under Section 4 of the
11 Narcotic Control Division Abolition Act with such law
12 enforcement powers as render him ineligible for coverage
13 under the Social Security Act by reason of Sections
14 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
15 (13) "Investigator for the Office of the Attorney
16 General" means any person who is employed as such by the
17 Office of the Attorney General and is vested with such
18 investigative duties as render him ineligible for
19 coverage under the Social Security Act by reason of
20 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
21 Act. For the period before January 1, 1989, the term
22 includes all persons who were employed as investigators
23 by the Office of the Attorney General, without regard to
24 social security status.
25 (14) "Controlled substance inspector" means any
26 person who is employed as such by the Department of
27 Professional Regulation and is vested with such law
28 enforcement duties as render him ineligible for coverage
29 under the Social Security Act by reason of Sections
30 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
31 The term "controlled substance inspector" includes the
32 Program Executive of Enforcement and the Assistant
33 Program Executive of Enforcement.
34 (15) The term "investigator for the Office of the
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1 State's Attorneys Appellate Prosecutor" means a person
2 employed in that capacity on a full time basis under the
3 authority of Section 7.06 of the State's Attorneys
4 Appellate Prosecutor's Act.
5 (16) "Commerce Commission police officer" means any
6 person employed by the Illinois Commerce Commission who
7 is vested with such law enforcement duties as render him
8 ineligible for coverage under the Social Security Act by
9 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
10 218(l)(1) of that Act.
11 (d) A security employee of the Department of
12 Corrections, and a security employee of the Department of
13 Mental Health and Developmental Disabilities who is not a
14 mental health police officer, shall not be eligible for the
15 alternative retirement annuity provided by this Section
16 unless he or she meets the following minimum age and service
17 requirements at the time of retirement:
18 (i) 25 years of eligible creditable service and age
19 55; or
20 (ii) beginning January 1, 1987, 25 years of
21 eligible creditable service and age 54, or 24 years of
22 eligible creditable service and age 55; or
23 (iii) beginning January 1, 1988, 25 years of
24 eligible creditable service and age 53, or 23 years of
25 eligible creditable service and age 55; or
26 (iv) beginning January 1, 1989, 25 years of
27 eligible creditable service and age 52, or 22 years of
28 eligible creditable service and age 55; or
29 (v) beginning January 1, 1990, 25 years of eligible
30 creditable service and age 51, or 21 years of eligible
31 creditable service and age 55; or
32 (vi) beginning January 1, 1991, 25 years of
33 eligible creditable service and age 50, or 20 years of
34 eligible creditable service and age 55.
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1 Persons who have service credit under Article 16 of this
2 Code for service as a security employee of the Department of
3 Corrections in a position requiring certification as a
4 teacher may count such service toward establishing their
5 eligibility under the service requirements of this Section;
6 but such service may be used only for establishing such
7 eligibility, and not for the purpose of increasing or
8 calculating any benefit.
9 (e) If a member enters military service while working in
10 a position in which eligible creditable service may be
11 earned, and returns to State service in the same or another
12 such position, and fulfills in all other respects the
13 conditions prescribed in this Article for credit for military
14 service, such military service shall be credited as eligible
15 creditable service for the purposes of the retirement annuity
16 prescribed in this Section.
17 (f) For purposes of calculating retirement annuities
18 under this Section, periods of service rendered after
19 December 31, 1968 and before October 1, 1975 as a covered
20 employee in the position of special agent, conservation
21 police officer, mental health police officer, or investigator
22 for the Secretary of State, shall be deemed to have been
23 service as a noncovered employee, provided that the employee
24 pays to the System prior to retirement an amount equal to (1)
25 the difference between the employee contributions that would
26 have been required for such service as a noncovered employee,
27 and the amount of employee contributions actually paid, plus
28 (2) if payment is made after July 31, 1987, regular interest
29 on the amount specified in item (1) from the date of service
30 to the date of payment.
31 For purposes of calculating retirement annuities under
32 this Section, periods of service rendered after December 31,
33 1968 and before January 1, 1982 as a covered employee in the
34 position of investigator for the Department of Revenue shall
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1 be deemed to have been service as a noncovered employee,
2 provided that the employee pays to the System prior to
3 retirement an amount equal to (1) the difference between the
4 employee contributions that would have been required for such
5 service as a noncovered employee, and the amount of employee
6 contributions actually paid, plus (2) if payment is made
7 after January 1, 1990, regular interest on the amount
8 specified in item (1) from the date of service to the date of
9 payment.
10 (g) A State policeman may elect, not later than January
11 1, 1990, to establish eligible creditable service for up to
12 10 years of his service as a policeman under Article 3, by
13 filing a written election with the Board, accompanied by
14 payment of an amount to be determined by the Board, equal to
15 (i) the difference between the amount of employee and
16 employer contributions transferred to the System under
17 Section 3-110.5, and the amounts that would have been
18 contributed had such contributions been made at the rates
19 applicable to State policemen, plus (ii) interest thereon at
20 the effective rate for each year, compounded annually, from
21 the date of service to the date of payment.
22 Subject to the limitation in subsection (i), a State
23 policeman may elect, not later than July 1, 1993, to
24 establish eligible creditable service for up to 10 years of
25 his service as a member of the County Police Department under
26 Article 9, by filing a written election with the Board,
27 accompanied by payment of an amount to be determined by the
28 Board, equal to (i) the difference between the amount of
29 employee and employer contributions transferred to the System
30 under Section 9-121.10 and the amounts that would have been
31 contributed had those contributions been made at the rates
32 applicable to State policemen, plus (ii) interest thereon at
33 the effective rate for each year, compounded annually, from
34 the date of service to the date of payment.
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1 (h) Subject to the limitation in subsection (i), a State
2 policeman or investigator for the Secretary of State may
3 elect to establish eligible creditable service for up to 12
4 years of his service as a policeman under Article 5, by
5 filing a written election with the Board on or before January
6 31, 1992, and paying to the System by January 31, 1994 an
7 amount to be determined by the Board, equal to (i) the
8 difference between the amount of employee and employer
9 contributions transferred to the System under Section 5-236,
10 and the amounts that would have been contributed had such
11 contributions been made at the rates applicable to State
12 policemen, plus (ii) interest thereon at the effective rate
13 for each year, compounded annually, from the date of service
14 to the date of payment.
15 Subject to the limitation in subsection (i), a State
16 policeman, conservation police officer, or investigator for
17 the Secretary of State may elect to establish eligible
18 creditable service for up to 10 years of service as a
19 sheriff's law enforcement employee under Article 7, by filing
20 a written election with the Board on or before January 31,
21 1993, and paying to the System by January 31, 1994 an amount
22 to be determined by the Board, equal to (i) the difference
23 between the amount of employee and employer contributions
24 transferred to the System under Section 7-139.7, and the
25 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 (i) The total amount of eligible creditable service
31 established by any person under subsections (g), (h) and (j)
32 of this Section shall not exceed 12 years.
33 (j) Subject to the limitation in subsection (i), an
34 investigator for the Office of the State's Attorneys
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1 Appellate Prosecutor may elect to establish eligible
2 creditable service for up to 10 years of his service as a
3 policeman under Article 3 or a sheriff's law enforcement
4 employee under Article 7, by filing a written election with
5 the Board, accompanied by payment of an amount to be
6 determined by the Board, equal to (1) the difference between
7 the amount of employee and employer contributions transferred
8 to the System under Section 3-110.6 or 7-139.8, and the
9 amounts that would have been contributed had such
10 contributions been made at the rates applicable to State
11 policemen, plus (2) interest thereon at the effective rate
12 for each year, compounded annually, from the date of service
13 to the date of payment.
14 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
15 (Text of Section taking effect July 1, 1997)
16 Sec. 14-110. Alternative retirement annuity.
17 (a) Any member who has withdrawn from service with not
18 less than 20 years of eligible creditable service and has
19 attained age 55, and any member who has withdrawn from
20 service with not less than 25 years of eligible creditable
21 service and has attained age 50, regardless of whether the
22 attainment of either of the specified ages occurs while the
23 member is still in service, shall be entitled to receive at
24 the option of the member, in lieu of the regular or minimum
25 retirement annuity, a retirement annuity computed as
26 follows:
27 (i) for periods of service as a noncovered
28 employee, 2 1/4% of final average compensation for each
29 of the first 10 years of creditable service, 2 1/2% for
30 each year above 10 years to and including 20 years of
31 creditable service, and 2 3/4% for each year of
32 creditable service above 20 years; and
33 (ii) for periods of eligible creditable service as
34 a covered employee, 1.67% of final average compensation
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1 for each of the first 10 years of such service, 1.90% for
2 each of the next 10 years of such service, 2.10% for each
3 year of such service in excess of 20 but not exceeding
4 30, and 2.30% for each year in excess of 30.
5 Such annuity shall be subject to a maximum of 75% of
6 final average compensation. These rates shall not be
7 applicable to any service performed by a member as a covered
8 employee which is not eligible creditable service. Service
9 as a covered employee which is not eligible creditable
10 service shall be subject to the rates and provisions of
11 Section 14-108.
12 On January 1, 1998, every retirement annuity calculated
13 under this Section that is payable on that date and is based
14 on at least 20 years of service as a State policeman shall be
15 increased to a monthly amount equal to $60 for each year of
16 service as a State policeman, up to a maximum of $1,500 per
17 month.
18 (b) For the purpose of this Section, "eligible
19 creditable service" means creditable service resulting from
20 service in one or more of the following positions:
21 (1) State policeman;
22 (2) fire fighter in the fire protection service of
23 a department;
24 (3) air pilot;
25 (4) special agent;
26 (5) investigator for the Secretary of State;
27 (6) conservation police officer;
28 (7) investigator for the Department of Revenue;
29 (8) security employee of the Department of Human
30 Services;
31 (9) Central Management Services security police
32 officer;
33 (10) security employee of the Department of
34 Corrections;
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1 (11) dangerous drugs investigator;
2 (12) investigator for the Department of State
3 Police;
4 (13) investigator for the Office of the Attorney
5 General;
6 (14) controlled substance inspector;
7 (15) investigator for the Office of the State's
8 Attorneys Appellate Prosecutor;
9 (16) Commerce Commission police officer.
10 A person employed in one of the positions specified in
11 this subsection is entitled to eligible creditable service
12 for service credit earned under this Article while undergoing
13 the basic police training course approved by the Illinois
14 Local Governmental Law Enforcement Officers Training Board,
15 if completion of that training is required of persons serving
16 in that position. For the purposes of this Code, service
17 during the required basic police training course shall be
18 deemed performance of the duties of the specified position,
19 even though the person is not a sworn peace officer at the
20 time of the training.
21 (c) For the purposes of this Section:
22 (1) The term "state policeman" includes any title
23 or position in the Department of State Police that is
24 held by an individual employed under the State Police
25 Act.
26 (2) The term "fire fighter in the fire protection
27 service of a department" includes all officers in such
28 fire protection service including fire chiefs and
29 assistant fire chiefs.
30 (3) The term "air pilot" includes any employee
31 whose official job description on file in the Department
32 of Central Management Services, or in the department by
33 which he is employed if that department is not covered by
34 the Personnel Code, states that his principal duty is the
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1 operation of aircraft, and who possesses a pilot's
2 license; however, the change in this definition made by
3 this amendatory Act of 1983 shall not operate to exclude
4 any noncovered employee who was an "air pilot" for the
5 purposes of this Section on January 1, 1984.
6 (4) The term "special agent" means any person who
7 by reason of employment by the Division of Narcotic
8 Control, the Bureau of Investigation or, after July 1,
9 1977, the Division of Criminal Investigation, the
10 Division of Internal Investigation or any other Division
11 or organizational entity in the Department of State
12 Police is vested by law with duties to maintain public
13 order, investigate violations of the criminal law of this
14 State, enforce the laws of this State, make arrests and
15 recover property. The term "special agent" includes any
16 title or position in the Department of State Police that
17 is held by an individual employed under the State Police
18 Act.
19 (5) The term "investigator for the Secretary of
20 State" means any person employed by the Office of the
21 Secretary of State and vested with such investigative
22 duties as render him ineligible for coverage under the
23 Social Security Act by reason of Sections 218(d)(5)(A),
24 218(d)(8)(D) and 218(l)(1) of that Act.
25 A person who became employed as an investigator for
26 the Secretary of State between January 1, 1967 and
27 December 31, 1975, and who has served as such until
28 attainment of age 60, either continuously or with a
29 single break in service of not more than 3 years
30 duration, which break terminated before January 1, 1976,
31 shall be entitled to have his retirement annuity
32 calculated in accordance with subsection (a),
33 notwithstanding that he has less than 20 years of credit
34 for such service.
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1 (6) The term "Conservation Police Officer" means
2 any person employed by the Division of Law Enforcement of
3 the Department of Natural Resources and vested with such
4 law enforcement duties as render him ineligible for
5 coverage under the Social Security Act by reason of
6 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
7 that Act. The term "Conservation Police Officer"
8 includes the positions of Chief Conservation Police
9 Administrator and Assistant Conservation Police
10 Administrator.
11 (7) The term "investigator for the Department of
12 Revenue" means any person employed by the Department of
13 Revenue and vested with such investigative duties as
14 render him ineligible for coverage under the Social
15 Security Act by reason of Sections 218(d)(5)(A),
16 218(d)(8)(D) and 218(l)(1) of that Act.
17 (8) The term "security employee of the Department
18 of Human Services" means any person employed by the
19 Department of Human Services who is employed at the
20 Chester Mental Health Center and has daily contact with
21 the residents thereof, or who is a mental health police
22 officer. "Mental health police officer" means any person
23 employed by the Department of Human Services in a
24 position pertaining to the Department's mental health and
25 developmental disabilities functions who is vested with
26 such law enforcement duties as render the person
27 ineligible for coverage under the Social Security Act by
28 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
29 218(l)(1) of that Act.
30 (9) "Central Management Services security police
31 officer" means any person employed by the Department of
32 Central Management Services who is vested with such law
33 enforcement duties as render him ineligible for coverage
34 under the Social Security Act by reason of Sections
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1 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2 (10) The term "security employee of the Department
3 of Corrections" means any employee of the Department of
4 Corrections or the former Department of Personnel, and
5 any member or employee of the Prisoner Review Board, who
6 has daily contact with inmates by working within a
7 correctional facility or who is a parole officer or an
8 employee who has direct contact with committed persons in
9 the performance of his or her job duties.
10 (11) The term "dangerous drugs investigator" means
11 any person who is employed as such by the Department of
12 Human Services.
13 (12) The term "investigator for the Department of
14 State Police" means a person employed by the Department
15 of State Police who is vested under Section 4 of the
16 Narcotic Control Division Abolition Act with such law
17 enforcement powers as render him ineligible for coverage
18 under the Social Security Act by reason of Sections
19 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
20 (13) "Investigator for the Office of the Attorney
21 General" means any person who is employed as such by the
22 Office of the Attorney General and is vested with such
23 investigative duties as render him ineligible for
24 coverage under the Social Security Act by reason of
25 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
26 Act. For the period before January 1, 1989, the term
27 includes all persons who were employed as investigators
28 by the Office of the Attorney General, without regard to
29 social security status.
30 (14) "Controlled substance inspector" means any
31 person who is employed as such by the Department of
32 Professional Regulation and is vested with such law
33 enforcement duties as render him ineligible for coverage
34 under the Social Security Act by reason of Sections
-17- LRB9000391EGfg
1 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
2 The term "controlled substance inspector" includes the
3 Program Executive of Enforcement and the Assistant
4 Program Executive of Enforcement.
5 (15) The term "investigator for the Office of the
6 State's Attorneys Appellate Prosecutor" means a person
7 employed in that capacity on a full time basis under the
8 authority of Section 7.06 of the State's Attorneys
9 Appellate Prosecutor's Act.
10 (16) "Commerce Commission police officer" means any
11 person employed by the Illinois Commerce Commission who
12 is vested with such law enforcement duties as render him
13 ineligible for coverage under the Social Security Act by
14 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
15 218(l)(1) of that Act.
16 (d) A security employee of the Department of
17 Corrections, and a security employee of the Department of
18 Human Services who is not a mental health police officer,
19 shall not be eligible for the alternative retirement annuity
20 provided by this Section unless he or she meets the following
21 minimum age and service requirements at the time of
22 retirement:
23 (i) 25 years of eligible creditable service and age
24 55; or
25 (ii) beginning January 1, 1987, 25 years of
26 eligible creditable service and age 54, or 24 years of
27 eligible creditable service and age 55; or
28 (iii) beginning January 1, 1988, 25 years of
29 eligible creditable service and age 53, or 23 years of
30 eligible creditable service and age 55; or
31 (iv) beginning January 1, 1989, 25 years of
32 eligible creditable service and age 52, or 22 years of
33 eligible creditable service and age 55; or
34 (v) beginning January 1, 1990, 25 years of eligible
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1 creditable service and age 51, or 21 years of eligible
2 creditable service and age 55; or
3 (vi) beginning January 1, 1991, 25 years of
4 eligible creditable service and age 50, or 20 years of
5 eligible creditable service and age 55.
6 Persons who have service credit under Article 16 of this
7 Code for service as a security employee of the Department of
8 Corrections in a position requiring certification as a
9 teacher may count such service toward establishing their
10 eligibility under the service requirements of this Section;
11 but such service may be used only for establishing such
12 eligibility, and not for the purpose of increasing or
13 calculating any benefit.
14 (e) If a member enters military service while working in
15 a position in which eligible creditable service may be
16 earned, and returns to State service in the same or another
17 such position, and fulfills in all other respects the
18 conditions prescribed in this Article for credit for military
19 service, such military service shall be credited as eligible
20 creditable service for the purposes of the retirement annuity
21 prescribed in this Section.
22 (f) For purposes of calculating retirement annuities
23 under this Section, periods of service rendered after
24 December 31, 1968 and before October 1, 1975 as a covered
25 employee in the position of special agent, conservation
26 police officer, mental health police officer, or investigator
27 for the Secretary of State, shall be deemed to have been
28 service as a noncovered employee, provided that the employee
29 pays to the System prior to retirement an amount equal to (1)
30 the difference between the employee contributions that would
31 have been required for such service as a noncovered employee,
32 and the amount of employee contributions actually paid, plus
33 (2) if payment is made after July 31, 1987, regular interest
34 on the amount specified in item (1) from the date of service
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1 to the date of payment.
2 For purposes of calculating retirement annuities under
3 this Section, periods of service rendered after December 31,
4 1968 and before January 1, 1982 as a covered employee in the
5 position of investigator for the Department of Revenue shall
6 be deemed to have been service as a noncovered employee,
7 provided that the employee pays to the System prior to
8 retirement an amount equal to (1) the difference between the
9 employee contributions that would have been required for such
10 service as a noncovered employee, and the amount of employee
11 contributions actually paid, plus (2) if payment is made
12 after January 1, 1990, regular interest on the amount
13 specified in item (1) from the date of service to the date of
14 payment.
15 (g) A State policeman may elect, not later than January
16 1, 1990, to establish eligible creditable service for up to
17 10 years of his service as a policeman under Article 3, by
18 filing a written election with the Board, accompanied by
19 payment of an amount to be determined by the Board, equal to
20 (i) the difference between the amount of employee and
21 employer contributions transferred to the System under
22 Section 3-110.5, and the amounts that would have been
23 contributed had such contributions been made at the rates
24 applicable to State policemen, plus (ii) interest thereon at
25 the effective rate for each year, compounded annually, from
26 the date of service to the date of payment.
27 Subject to the limitation in subsection (i), a State
28 policeman may elect, not later than July 1, 1993, to
29 establish eligible creditable service for up to 10 years of
30 his service as a member of the County Police Department under
31 Article 9, by filing a written election with the Board,
32 accompanied by payment of an amount to be determined by the
33 Board, equal to (i) the difference between the amount of
34 employee and employer contributions transferred to the System
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1 under Section 9-121.10 and the amounts that would have been
2 contributed had those 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 (h) Subject to the limitation in subsection (i), a State
7 policeman or investigator for the Secretary of State may
8 elect to establish eligible creditable service for up to 12
9 years of his service as a policeman under Article 5, by
10 filing a written election with the Board on or before January
11 31, 1992, and paying to the System by January 31, 1994 an
12 amount to be determined by the Board, equal to (i) the
13 difference between the amount of employee and employer
14 contributions transferred to the System under Section 5-236,
15 and the amounts that would have been contributed had such
16 contributions been made at the rates applicable to State
17 policemen, plus (ii) interest thereon at the effective rate
18 for each year, compounded annually, from the date of service
19 to the date of payment.
20 Subject to the limitation in subsection (i), a State
21 policeman, conservation police officer, or investigator for
22 the Secretary of State may elect to establish eligible
23 creditable service for up to 10 years of service as a
24 sheriff's law enforcement employee under Article 7, by filing
25 a written election with the Board on or before January 31,
26 1993, and paying to the System by January 31, 1994 an amount
27 to be determined by the Board, equal to (i) the difference
28 between the amount of employee and employer contributions
29 transferred to the System under Section 7-139.7, and the
30 amounts that would have been contributed had such
31 contributions been made at the rates applicable to State
32 policemen, plus (ii) interest thereon at the effective rate
33 for each year, compounded annually, from the date of service
34 to the date of payment.
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1 (i) The total amount of eligible creditable service
2 established by any person under subsections (g), (h) and (j)
3 of this Section shall not exceed 12 years.
4 (j) Subject to the limitation in subsection (i), an
5 investigator for the Office of the State's Attorneys
6 Appellate Prosecutor may elect to establish eligible
7 creditable service for up to 10 years of his service as a
8 policeman under Article 3 or a sheriff's law enforcement
9 employee under Article 7, by filing a written election with
10 the Board, accompanied by payment of an amount to be
11 determined by the Board, equal to (1) the difference between
12 the amount of employee and employer contributions transferred
13 to the System under Section 3-110.6 or 7-139.8, and the
14 amounts that would have been contributed had such
15 contributions been made at the rates applicable to State
16 policemen, plus (2) interest thereon at the effective rate
17 for each year, compounded annually, from the date of service
18 to the date of payment.
19 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
20 89-507, eff. 7-1-97.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.