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90_SB0998
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the State Employee Article of the Pension Code to
provide the alternative (State Police) formula for arson
investigators employed by the Office of the State Fire
Marshal. Allows a former arson investigator who is no longer
in service but not yet receiving a retirement annuity to
convert his or her creditable service for service as an arson
investigator into eligible creditable service by paying the
difference in contribution rates. Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Section 14-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 14-110 as follows:
7 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
8 (Text of Section before amendment by P.A. 89-507)
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10 (a) Any member who has withdrawn from service with not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12 attained age 55, and any member who has withdrawn from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 (17) arson investigator.
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1 A person employed in one of the positions specified in
2 this subsection is entitled to eligible creditable service
3 for service credit earned under this Article while undergoing
4 the basic police training course approved by the Illinois
5 Local Governmental Law Enforcement Officers Training Board,
6 if completion of that training is required of persons serving
7 in that position. For the purposes of this Code, service
8 during the required basic police training course shall be
9 deemed performance of the duties of the specified position,
10 even though the person is not a sworn peace officer at the
11 time of the training.
12 (c) For the purposes of this Section:
13 (1) The term "state policeman" includes any title
14 or position in the Department of State Police that is
15 held by an individual employed under the State Police
16 Act.
17 (2) The term "fire fighter in the fire protection
18 service of a department" includes all officers in such
19 fire protection service including fire chiefs and
20 assistant fire chiefs.
21 (3) The term "air pilot" includes any employee
22 whose official job description on file in the Department
23 of Central Management Services, or in the department by
24 which he is employed if that department is not covered by
25 the Personnel Code, states that his principal duty is the
26 operation of aircraft, and who possesses a pilot's
27 license; however, the change in this definition made by
28 this amendatory Act of 1983 shall not operate to exclude
29 any noncovered employee who was an "air pilot" for the
30 purposes of this Section on January 1, 1984.
31 (4) The term "special agent" means any person who
32 by reason of employment by the Division of Narcotic
33 Control, the Bureau of Investigation or, after July 1,
34 1977, the Division of Criminal Investigation, the
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1 Division of Internal Investigation or any other Division
2 or organizational entity in the Department of State
3 Police is vested by law with duties to maintain public
4 order, investigate violations of the criminal law of this
5 State, enforce the laws of this State, make arrests and
6 recover property. The term "special agent" includes any
7 title or position in the Department of State Police that
8 is held by an individual employed under the State Police
9 Act.
10 (5) The term "investigator for the Secretary of
11 State" means any person employed by the Office of the
12 Secretary of State and vested with such investigative
13 duties as render him ineligible for coverage under the
14 Social Security Act by reason of Sections 218(d)(5)(A),
15 218(d)(8)(D) and 218(l)(1) of that Act.
16 A person who became employed as an investigator for
17 the Secretary of State between January 1, 1967 and
18 December 31, 1975, and who has served as such until
19 attainment of age 60, either continuously or with a
20 single break in service of not more than 3 years
21 duration, which break terminated before January 1, 1976,
22 shall be entitled to have his retirement annuity
23 calculated in accordance with subsection (a),
24 notwithstanding that he has less than 20 years of credit
25 for such service.
26 (6) The term "Conservation Police Officer" means
27 any person employed by the Division of Law Enforcement of
28 the Department of Natural Resources and vested with such
29 law enforcement duties as render him ineligible for
30 coverage under the Social Security Act by reason of
31 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
32 that Act. The term "Conservation Police Officer"
33 includes the positions of Chief Conservation Police
34 Administrator and Assistant Conservation Police
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1 Administrator.
2 (7) The term "investigator for the Department of
3 Revenue" means any person employed by the Department of
4 Revenue and vested with such investigative duties as
5 render him ineligible for coverage under the Social
6 Security Act by reason of Sections 218(d)(5)(A),
7 218(d)(8)(D) and 218(l)(1) of that Act.
8 (8) The term "security employee of the Department
9 of Mental Health and Developmental Disabilities" means
10 any person employed by the Department of Mental Health
11 and Developmental Disabilities who is employed at the
12 Chester Mental Health Center and has daily contact with
13 the residents thereof, or who is a mental health police
14 officer. "Mental health police officer" means any person
15 employed by the Department of Mental Health and
16 Developmental Disabilities who is vested with such law
17 enforcement duties 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 (9) "Central Management Services security police
21 officer" means any person employed by the Department of
22 Central Management Services who is vested with such law
23 enforcement duties as render him ineligible for coverage
24 under the Social Security Act by reason of Sections
25 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
26 (10) The term "security employee of the Department
27 of Corrections" means any employee of the Department of
28 Corrections or the former Department of Personnel, and
29 any member or employee of the Prisoner Review Board, who
30 has daily contact with inmates by working within a
31 correctional facility or who is a parole officer or an
32 employee who has direct contact with committed persons in
33 the performance of his or her job duties.
34 (11) The term "dangerous drugs investigator" means
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1 any person who is employed as such by the Department of
2 Alcoholism and Substance Abuse.
3 (12) The term "investigator for the Department of
4 State Police" means a person employed by the Department
5 of State Police who is vested under Section 4 of the
6 Narcotic Control Division Abolition Act with such law
7 enforcement powers as render him ineligible for coverage
8 under the Social Security Act by reason of Sections
9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
10 (13) "Investigator for the Office of the Attorney
11 General" means any person who is employed as such by the
12 Office of the Attorney General and is vested with such
13 investigative 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 that
16 Act. For the period before January 1, 1989, the term
17 includes all persons who were employed as investigators
18 by the Office of the Attorney General, without regard to
19 social security status.
20 (14) "Controlled substance inspector" means any
21 person who is employed as such by the Department of
22 Professional Regulation and is vested with such law
23 enforcement duties as render him ineligible for coverage
24 under the Social Security Act by reason of Sections
25 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
26 The term "controlled substance inspector" includes the
27 Program Executive of Enforcement and the Assistant
28 Program Executive of Enforcement.
29 (15) The term "investigator for the Office of the
30 State's Attorneys Appellate Prosecutor" means a person
31 employed in that capacity on a full time basis under the
32 authority of Section 7.06 of the State's Attorneys
33 Appellate Prosecutor's Act.
34 (16) "Commerce Commission police officer" means any
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1 person employed by the Illinois Commerce Commission who
2 is vested with such law enforcement duties as render him
3 ineligible for coverage under the Social Security Act by
4 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
5 218(l)(1) of that Act.
6 (17) "Arson investigator" means any person who is
7 employed as such by the Office of the State Fire Marshal.
8 A person who was employed as an arson investigator on
9 January 1, 1995 and is no longer in service but not yet
10 receiving a retirement annuity may convert his or her
11 creditable service for employment as an arson
12 investigator into eligible creditable service by paying
13 to the System the difference between the employee
14 contributions actually paid for that service and the
15 amounts that would have been contributed if the applicant
16 were contributing at the rate applicable to persons with
17 the same social security status earning eligible
18 creditable service on the date of application.
19 (d) A security employee of the Department of
20 Corrections, and a security employee of the Department of
21 Mental Health and Developmental Disabilities who is not a
22 mental health police officer, shall not be eligible for the
23 alternative retirement annuity provided by this Section
24 unless he or she meets the following minimum age and service
25 requirements at the time of retirement:
26 (i) 25 years of eligible creditable service and age
27 55; or
28 (ii) beginning January 1, 1987, 25 years of
29 eligible creditable service and age 54, or 24 years of
30 eligible creditable service and age 55; or
31 (iii) beginning January 1, 1988, 25 years of
32 eligible creditable service and age 53, or 23 years of
33 eligible creditable service and age 55; or
34 (iv) beginning January 1, 1989, 25 years of
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1 eligible creditable service and age 52, or 22 years of
2 eligible creditable service and age 55; or
3 (v) beginning January 1, 1990, 25 years of eligible
4 creditable service and age 51, or 21 years of eligible
5 creditable service and age 55; or
6 (vi) beginning January 1, 1991, 25 years of
7 eligible creditable service and age 50, or 20 years of
8 eligible creditable service and age 55.
9 Persons who have service credit under Article 16 of this
10 Code for service as a security employee of the Department of
11 Corrections in a position requiring certification as a
12 teacher may count such service toward establishing their
13 eligibility under the service requirements of this Section;
14 but such service may be used only for establishing such
15 eligibility, and not for the purpose of increasing or
16 calculating any benefit.
17 (e) If a member enters military service while working in
18 a position in which eligible creditable service may be
19 earned, and returns to State service in the same or another
20 such position, and fulfills in all other respects the
21 conditions prescribed in this Article for credit for military
22 service, such military service shall be credited as eligible
23 creditable service for the purposes of the retirement annuity
24 prescribed in this Section.
25 (f) For purposes of calculating retirement annuities
26 under this Section, periods of service rendered after
27 December 31, 1968 and before October 1, 1975 as a covered
28 employee in the position of special agent, conservation
29 police officer, mental health police officer, or investigator
30 for the Secretary of State, shall be deemed to have been
31 service as a noncovered employee, provided that the employee
32 pays to the System prior to retirement an amount equal to (1)
33 the difference between the employee contributions that would
34 have been required for such service as a noncovered employee,
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1 and the amount of employee contributions actually paid, plus
2 (2) if payment is made after July 31, 1987, regular interest
3 on the amount specified in item (1) from the date of service
4 to the date of payment.
5 For purposes of calculating retirement annuities under
6 this Section, periods of service rendered after December 31,
7 1968 and before January 1, 1982 as a covered employee in the
8 position of investigator for the Department of Revenue shall
9 be deemed to have been service as a noncovered employee,
10 provided that the employee pays to the System prior to
11 retirement an amount equal to (1) the difference between the
12 employee contributions that would have been required for such
13 service as a noncovered employee, and the amount of employee
14 contributions actually paid, plus (2) if payment is made
15 after January 1, 1990, regular interest on the amount
16 specified in item (1) from the date of service to the date of
17 payment.
18 (g) A State policeman may elect, not later than January
19 1, 1990, to establish eligible creditable service for up to
20 10 years of his service as a policeman under Article 3, by
21 filing a written election with the Board, accompanied by
22 payment of an amount to be determined by the Board, equal to
23 (i) the difference between the amount of employee and
24 employer contributions transferred to the System under
25 Section 3-110.5, and the amounts that would have been
26 contributed had such contributions been made at the rates
27 applicable to State policemen, plus (ii) interest thereon at
28 the effective rate for each year, compounded annually, from
29 the date of service to the date of payment.
30 Subject to the limitation in subsection (i), a State
31 policeman may elect, not later than July 1, 1993, to
32 establish eligible creditable service for up to 10 years of
33 his service as a member of the County Police Department under
34 Article 9, by filing a written election with the Board,
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1 accompanied by payment of an amount to be determined by the
2 Board, equal to (i) the difference between the amount of
3 employee and employer contributions transferred to the System
4 under Section 9-121.10 and the amounts that would have been
5 contributed had those contributions been made at the rates
6 applicable to State policemen, plus (ii) interest thereon at
7 the effective rate for each year, compounded annually, from
8 the date of service to the date of payment.
9 (h) Subject to the limitation in subsection (i), a State
10 policeman or investigator for the Secretary of State may
11 elect to establish eligible creditable service for up to 12
12 years of his service as a policeman under Article 5, by
13 filing a written election with the Board on or before January
14 31, 1992, and paying to the System by January 31, 1994 an
15 amount to be determined by the Board, equal to (i) the
16 difference between the amount of employee and employer
17 contributions transferred to the System under Section 5-236,
18 and the amounts that would have been contributed had such
19 contributions been made at the rates applicable to State
20 policemen, plus (ii) interest thereon at the effective rate
21 for each year, compounded annually, from the date of service
22 to the date of payment.
23 Subject to the limitation in subsection (i), a State
24 policeman, conservation police officer, or investigator for
25 the Secretary of State may elect to establish eligible
26 creditable service for up to 10 years of service as a
27 sheriff's law enforcement employee under Article 7, by filing
28 a written election with the Board on or before January 31,
29 1993, and paying to the System by January 31, 1994 an amount
30 to be determined by the Board, equal to (i) the difference
31 between the amount of employee and employer contributions
32 transferred to the System under Section 7-139.7, and the
33 amounts that would have been contributed had such
34 contributions been made at the rates applicable to State
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1 policemen, plus (ii) interest thereon at the effective rate
2 for each year, compounded annually, from the date of service
3 to the date of payment.
4 (i) The total amount of eligible creditable service
5 established by any person under subsections (g), (h) and (j)
6 of this Section shall not exceed 12 years.
7 (j) Subject to the limitation in subsection (i), an
8 investigator for the Office of the State's Attorneys
9 Appellate Prosecutor may elect to establish eligible
10 creditable service for up to 10 years of his service as a
11 policeman under Article 3 or a sheriff's law enforcement
12 employee under Article 7, by filing a written election with
13 the Board, accompanied by payment of an amount to be
14 determined by the Board, equal to (1) the difference between
15 the amount of employee and employer contributions transferred
16 to the System under Section 3-110.6 or 7-139.8, and the
17 amounts that would have been contributed had such
18 contributions been made at the rates applicable to State
19 policemen, plus (2) interest thereon at the effective rate
20 for each year, compounded annually, from the date of service
21 to the date of payment.
22 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
23 (Text of Section after amendment by P.A. 89-507)
24 Sec. 14-110. Alternative retirement annuity.
25 (a) Any member who has withdrawn from service with not
26 less than 20 years of eligible creditable service and has
27 attained age 55, and any member who has withdrawn from
28 service with not less than 25 years of eligible creditable
29 service and has attained age 50, regardless of whether the
30 attainment of either of the specified ages occurs while the
31 member is still in service, shall be entitled to receive at
32 the option of the member, in lieu of the regular or minimum
33 retirement annuity, a retirement annuity computed as
34 follows:
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1 (i) for periods of service as a noncovered
2 employee, 2 1/4% of final average compensation for each
3 of the first 10 years of creditable service, 2 1/2% for
4 each year above 10 years to and including 20 years of
5 creditable service, and 2 3/4% for each year of
6 creditable service above 20 years; and
7 (ii) for periods of eligible creditable service as
8 a covered employee, 1.67% of final average compensation
9 for each of the first 10 years of such service, 1.90% for
10 each of the next 10 years of such service, 2.10% for each
11 year of such service in excess of 20 but not exceeding
12 30, and 2.30% for each year in excess of 30.
13 Such annuity shall be subject to a maximum of 75% of
14 final average compensation. These rates shall not be
15 applicable to any service performed by a member as a covered
16 employee which is not eligible creditable service. Service
17 as a covered employee which is not eligible creditable
18 service shall be subject to the rates and provisions of
19 Section 14-108.
20 (b) For the purpose of this Section, "eligible
21 creditable service" means creditable service resulting from
22 service in one or more of the following positions:
23 (1) State policeman;
24 (2) fire fighter in the fire protection service of
25 a department;
26 (3) air pilot;
27 (4) special agent;
28 (5) investigator for the Secretary of State;
29 (6) conservation police officer;
30 (7) investigator for the Department of Revenue;
31 (8) security employee of the Department of Human
32 Services;
33 (9) Central Management Services security police
34 officer;
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1 (10) security employee of the Department of
2 Corrections;
3 (11) dangerous drugs investigator;
4 (12) investigator for the Department of State
5 Police;
6 (13) investigator for the Office of the Attorney
7 General;
8 (14) controlled substance inspector;
9 (15) investigator for the Office of the State's
10 Attorneys Appellate Prosecutor;
11 (16) Commerce Commission police officer;
12 (17) arson investigator.
13 A person employed in one of the positions specified in
14 this subsection is entitled to eligible creditable service
15 for service credit earned under this Article while undergoing
16 the basic police training course approved by the Illinois
17 Local Governmental Law Enforcement Officers Training Board,
18 if completion of that training is required of persons serving
19 in that position. For the purposes of this Code, service
20 during the required basic police training course shall be
21 deemed performance of the duties of the specified position,
22 even though the person is not a sworn peace officer at the
23 time of the training.
24 (c) For the purposes of this Section:
25 (1) The term "state policeman" includes any title
26 or position in the Department of State Police that is
27 held by an individual employed under the State Police
28 Act.
29 (2) The term "fire fighter in the fire protection
30 service of a department" includes all officers in such
31 fire protection service including fire chiefs and
32 assistant fire chiefs.
33 (3) The term "air pilot" includes any employee
34 whose official job description on file in the Department
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1 of Central Management Services, or in the department by
2 which he is employed if that department is not covered by
3 the Personnel Code, states that his principal duty is the
4 operation of aircraft, and who possesses a pilot's
5 license; however, the change in this definition made by
6 this amendatory Act of 1983 shall not operate to exclude
7 any noncovered employee who was an "air pilot" for the
8 purposes of this Section on January 1, 1984.
9 (4) The term "special agent" means any person who
10 by reason of employment by the Division of Narcotic
11 Control, the Bureau of Investigation or, after July 1,
12 1977, the Division of Criminal Investigation, the
13 Division of Internal Investigation or any other Division
14 or organizational entity in the Department of State
15 Police is vested by law with duties to maintain public
16 order, investigate violations of the criminal law of this
17 State, enforce the laws of this State, make arrests and
18 recover property. The term "special agent" includes any
19 title or position in the Department of State Police that
20 is held by an individual employed under the State Police
21 Act.
22 (5) The term "investigator for the Secretary of
23 State" means any person employed by the Office of the
24 Secretary of State and vested with such investigative
25 duties as render him ineligible for coverage under the
26 Social Security Act by reason of Sections 218(d)(5)(A),
27 218(d)(8)(D) and 218(l)(1) of that Act.
28 A person who became employed as an investigator for
29 the Secretary of State between January 1, 1967 and
30 December 31, 1975, and who has served as such until
31 attainment of age 60, either continuously or with a
32 single break in service of not more than 3 years
33 duration, which break terminated before January 1, 1976,
34 shall be entitled to have his retirement annuity
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1 calculated in accordance with subsection (a),
2 notwithstanding that he has less than 20 years of credit
3 for such service.
4 (6) The term "Conservation Police Officer" means
5 any person employed by the Division of Law Enforcement of
6 the Department of Natural Resources and vested with such
7 law enforcement duties as render him ineligible for
8 coverage under the Social Security Act by reason of
9 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
10 that Act. The term "Conservation Police Officer"
11 includes the positions of Chief Conservation Police
12 Administrator and Assistant Conservation Police
13 Administrator.
14 (7) The term "investigator for the Department of
15 Revenue" means any person employed by the Department of
16 Revenue and vested with such investigative duties as
17 render him ineligible for coverage under the Social
18 Security Act by reason of Sections 218(d)(5)(A),
19 218(d)(8)(D) and 218(l)(1) of that Act.
20 (8) The term "security employee of the Department
21 of Human Services" means any person employed by the
22 Department of Human Services who is employed at the
23 Chester Mental Health Center and has daily contact with
24 the residents thereof, or who is a mental health police
25 officer. "Mental health police officer" means any person
26 employed by the Department of Human Services in a
27 position pertaining to the Department's mental health and
28 developmental disabilities functions who is vested with
29 such law enforcement duties as render the person
30 ineligible for coverage under the Social Security Act by
31 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
32 218(l)(1) of that Act.
33 (9) "Central Management Services security police
34 officer" means any person employed by the Department of
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1 Central Management Services who is vested with such law
2 enforcement duties as render him ineligible for coverage
3 under the Social Security Act by reason of Sections
4 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
5 (10) The term "security employee of the Department
6 of Corrections" means any employee of the Department of
7 Corrections or the former Department of Personnel, and
8 any member or employee of the Prisoner Review Board, who
9 has daily contact with inmates by working within a
10 correctional facility or who is a parole officer or an
11 employee who has direct contact with committed persons in
12 the performance of his or her job duties.
13 (11) The term "dangerous drugs investigator" means
14 any person who is employed as such by the Department of
15 Human Services.
16 (12) The term "investigator for the Department of
17 State Police" means a person employed by the Department
18 of State Police who is vested under Section 4 of the
19 Narcotic Control Division Abolition Act with such law
20 enforcement powers 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 (13) "Investigator for the Office of the Attorney
24 General" means any person who is employed as such by the
25 Office of the Attorney General and is vested with such
26 investigative duties as render him ineligible for
27 coverage under the Social Security Act by reason of
28 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
29 Act. For the period before January 1, 1989, the term
30 includes all persons who were employed as investigators
31 by the Office of the Attorney General, without regard to
32 social security status.
33 (14) "Controlled substance inspector" means any
34 person who is employed as such by the Department of
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1 Professional Regulation and is vested with such law
2 enforcement duties as render him ineligible for coverage
3 under the Social Security Act by reason of Sections
4 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
5 The term "controlled substance inspector" includes the
6 Program Executive of Enforcement and the Assistant
7 Program Executive of Enforcement.
8 (15) The term "investigator for the Office of the
9 State's Attorneys Appellate Prosecutor" means a person
10 employed in that capacity on a full time basis under the
11 authority of Section 7.06 of the State's Attorneys
12 Appellate Prosecutor's Act.
13 (16) "Commerce Commission police officer" means any
14 person employed by the Illinois Commerce Commission who
15 is vested with such law enforcement duties as render him
16 ineligible for coverage under the Social Security Act by
17 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
18 218(l)(1) of that Act.
19 (17) "Arson investigator" means any person who is
20 employed as such by the Office of the State Fire Marshal.
21 A person who was employed as an arson investigator on
22 January 1, 1995 and is no longer in service but not yet
23 receiving a retirement annuity may convert his or her
24 creditable service for employment as an arson
25 investigator into eligible creditable service by paying
26 to the System the difference between the employee
27 contributions actually paid for that service and the
28 amounts that would have been contributed if the applicant
29 were contributing at the rate applicable to persons with
30 the same social security status earning eligible
31 creditable service on the date of application.
32 (d) A security employee of the Department of
33 Corrections, and a security employee of the Department of
34 Human Services who is not a mental health police officer,
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1 shall not be eligible for the alternative retirement annuity
2 provided by this Section unless he or she meets the following
3 minimum age and service requirements at the time of
4 retirement:
5 (i) 25 years of eligible creditable service and age
6 55; or
7 (ii) beginning January 1, 1987, 25 years of
8 eligible creditable service and age 54, or 24 years of
9 eligible creditable service and age 55; or
10 (iii) beginning January 1, 1988, 25 years of
11 eligible creditable service and age 53, or 23 years of
12 eligible creditable service and age 55; or
13 (iv) beginning January 1, 1989, 25 years of
14 eligible creditable service and age 52, or 22 years of
15 eligible creditable service and age 55; or
16 (v) beginning January 1, 1990, 25 years of eligible
17 creditable service and age 51, or 21 years of eligible
18 creditable service and age 55; or
19 (vi) beginning January 1, 1991, 25 years of
20 eligible creditable service and age 50, or 20 years of
21 eligible creditable service and age 55.
22 Persons who have service credit under Article 16 of this
23 Code for service as a security employee of the Department of
24 Corrections in a position requiring certification as a
25 teacher may count such service toward establishing their
26 eligibility under the service requirements of this Section;
27 but such service may be used only for establishing such
28 eligibility, and not for the purpose of increasing or
29 calculating any benefit.
30 (e) If a member enters military service while working in
31 a position in which eligible creditable service may be
32 earned, and returns to State service in the same or another
33 such position, and fulfills in all other respects the
34 conditions prescribed in this Article for credit for military
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1 service, such military service shall be credited as eligible
2 creditable service for the purposes of the retirement annuity
3 prescribed in this Section.
4 (f) For purposes of calculating retirement annuities
5 under this Section, periods of service rendered after
6 December 31, 1968 and before October 1, 1975 as a covered
7 employee in the position of special agent, conservation
8 police officer, mental health police officer, or investigator
9 for the Secretary of State, shall be deemed to have been
10 service as a noncovered employee, provided that the employee
11 pays to the System prior to retirement an amount equal to (1)
12 the difference between the employee contributions that would
13 have been required for such service as a noncovered employee,
14 and the amount of employee contributions actually paid, plus
15 (2) if payment is made after July 31, 1987, regular interest
16 on the amount specified in item (1) from the date of service
17 to the date of payment.
18 For purposes of calculating retirement annuities under
19 this Section, periods of service rendered after December 31,
20 1968 and before January 1, 1982 as a covered employee in the
21 position of investigator for the Department of Revenue shall
22 be deemed to have been service as a noncovered employee,
23 provided that the employee pays to the System prior to
24 retirement an amount equal to (1) the difference between the
25 employee contributions that would have been required for such
26 service as a noncovered employee, and the amount of employee
27 contributions actually paid, plus (2) if payment is made
28 after January 1, 1990, regular interest on the amount
29 specified in item (1) from the date of service to the date of
30 payment.
31 (g) A State policeman may elect, not later than January
32 1, 1990, to establish eligible creditable service for up to
33 10 years of his service as a policeman under Article 3, by
34 filing a written election with the Board, accompanied by
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1 payment of an amount to be determined by the Board, equal to
2 (i) the difference between the amount of employee and
3 employer contributions transferred to the System under
4 Section 3-110.5, and the amounts that would have been
5 contributed had such contributions been made at the rates
6 applicable to State policemen, plus (ii) interest thereon at
7 the effective rate for each year, compounded annually, from
8 the date of service to the date of payment.
9 Subject to the limitation in subsection (i), a State
10 policeman may elect, not later than July 1, 1993, to
11 establish eligible creditable service for up to 10 years of
12 his service as a member of the County Police Department under
13 Article 9, by filing a written election with the Board,
14 accompanied by payment of an amount to be determined by the
15 Board, equal to (i) the difference between the amount of
16 employee and employer contributions transferred to the System
17 under Section 9-121.10 and the amounts that would have been
18 contributed had those 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 (h) Subject to the limitation in subsection (i), a State
23 policeman or investigator for the Secretary of State may
24 elect to establish eligible creditable service for up to 12
25 years of his service as a policeman under Article 5, by
26 filing a written election with the Board on or before January
27 31, 1992, and paying to the System by January 31, 1994 an
28 amount to be determined by the Board, equal to (i) the
29 difference between the amount of employee and employer
30 contributions transferred to the System under Section 5-236,
31 and the amounts that would have been contributed had such
32 contributions been made at the rates applicable to State
33 policemen, plus (ii) interest thereon at the effective rate
34 for each year, compounded annually, from the date of service
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1 to the date of payment.
2 Subject to the limitation in subsection (i), a State
3 policeman, conservation police officer, or investigator for
4 the Secretary of State may elect to establish eligible
5 creditable service for up to 10 years of service as a
6 sheriff's law enforcement employee under Article 7, by filing
7 a written election with the Board on or before January 31,
8 1993, and paying to the System by January 31, 1994 an amount
9 to be determined by the Board, equal to (i) the difference
10 between the amount of employee and employer contributions
11 transferred to the System under Section 7-139.7, and the
12 amounts that would have been contributed had such
13 contributions been made at the rates applicable to State
14 policemen, plus (ii) interest thereon at the effective rate
15 for each year, compounded annually, from the date of service
16 to the date of payment.
17 (i) The total amount of eligible creditable service
18 established by any person under subsections (g), (h) and (j)
19 of this Section shall not exceed 12 years.
20 (j) Subject to the limitation in subsection (i), an
21 investigator for the Office of the State's Attorneys
22 Appellate Prosecutor may elect to establish eligible
23 creditable service for up to 10 years of his service as a
24 policeman under Article 3 or a sheriff's law enforcement
25 employee under Article 7, by filing a written election with
26 the Board, accompanied by payment of an amount to be
27 determined by the Board, equal to (1) the difference between
28 the amount of employee and employer contributions transferred
29 to the System under Section 3-110.6 or 7-139.8, and the
30 amounts that would have been contributed had such
31 contributions been made at the rates applicable to State
32 policemen, plus (2) 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 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
2 89-507, eff. 7-1-97.)
3 Section 95. No acceleration or delay. Where this Act
4 makes changes in a statute that is represented in this Act by
5 text that is not yet or no longer in effect (for example, a
6 Section represented by multiple versions), the use of that
7 text does not accelerate or delay the taking effect of (i)
8 the changes made by this Act or (ii) provisions derived from
9 any other Public Act.
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.