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91_HB1602
LRB9104334EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 14-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 14-110 as follows:
7 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
8 Sec. 14-110. Alternative retirement annuity.
9 (a) Any member who has withdrawn from service with not
10 less than 20 years of eligible creditable service and has
11 attained age 55, and any member who has withdrawn from
12 service with not less than 25 years of eligible creditable
13 service and has attained age 50, regardless of whether the
14 attainment of either of the specified ages occurs while the
15 member is still in service, shall be entitled to receive at
16 the option of the member, in lieu of the regular or minimum
17 retirement annuity, a retirement annuity computed as
18 follows:
19 (i) for periods of service as a noncovered
20 employee, 2 1/4% of final average compensation for each
21 of the first 10 years of creditable service, 2 1/2% for
22 each year above 10 years to and including 20 years of
23 creditable service, and 2 3/4% for each year of
24 creditable service above 20 years; and
25 (ii) for periods of eligible creditable service as
26 a covered employee, 1.67% of final average compensation
27 for each of the first 10 years of such service, 1.90% for
28 each of the next 10 years of such service, 2.10% for each
29 year of such service in excess of 20 but not exceeding
30 30, and 2.30% for each year in excess of 30.
31 Such annuity shall be subject to a maximum of 75% of
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1 final average compensation. These rates shall not be
2 applicable to any service performed by a member as a covered
3 employee which is not eligible creditable service. Service
4 as a covered employee which is not eligible creditable
5 service shall be subject to the rates and provisions of
6 Section 14-108.
7 (b) For the purpose of this Section, "eligible
8 creditable service" means creditable service resulting from
9 service in one or more of the following positions:
10 (1) State policeman;
11 (2) fire fighter in the fire protection service of
12 a department;
13 (3) air pilot;
14 (4) special agent;
15 (5) investigator for the Secretary of State;
16 (6) conservation police officer;
17 (7) investigator for the Department of Revenue;
18 (8) security employee of the Department of Human
19 Services;
20 (9) Central Management Services security police
21 officer;
22 (10) security employee of the Department of
23 Corrections;
24 (11) dangerous drugs investigator;
25 (12) investigator for the Department of State
26 Police;
27 (13) investigator for the Office of the Attorney
28 General;
29 (14) controlled substance inspector;
30 (15) investigator for the Office of the State's
31 Attorneys Appellate Prosecutor;
32 (16) Commerce Commission police officer;
33 (17) arson investigator.
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
5 Standards Board, if completion of that training is required
6 of persons serving in that position. For the purposes of
7 this Code, service during the required basic police training
8 course shall be deemed performance of the duties of the
9 specified position, even though the person is not a sworn
10 peace officer at the 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 Human Services" means any person employed by the
9 Department of Human Services who is employed at the
10 Chester Mental Health Center and has daily contact with
11 the residents thereof, or who is a mental health police
12 officer. "Mental health police officer" means any person
13 employed by the Department of Human Services in a
14 position pertaining to the Department's mental health and
15 developmental disabilities functions who is vested with
16 such law enforcement duties as render the person
17 ineligible for coverage under the Social Security Act by
18 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
19 218(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 Human Services.
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 and is vested with such law enforcement duties as render
9 the person ineligible for coverage under the Social
10 Security Act by reason of Sections 218(d)(5)(A),
11 218(d)(8)(D), and 218(l)(1) of that Act. A person who
12 was employed as an arson investigator on January 1, 1995
13 and is no longer in service but not yet receiving a
14 retirement annuity may convert his or her creditable
15 service for employment as an arson investigator into
16 eligible creditable service by paying to the System the
17 difference between the employee contributions actually
18 paid for that service and the amounts that would have
19 been contributed if the applicant were contributing at
20 the rate applicable to persons with the same social
21 security status earning eligible creditable service on
22 the date of application.
23 (d) A security employee of the Department of
24 Corrections, and a security employee of the Department of
25 Human Services who is not a mental health police officer,
26 shall not be eligible for the alternative retirement annuity
27 provided by this Section unless he or she meets the following
28 minimum age and service requirements at the time of
29 retirement:
30 (i) 25 years of eligible creditable service and age
31 55; or
32 (ii) beginning January 1, 1987, 25 years of
33 eligible creditable service and age 54, or 24 years of
34 eligible creditable service and age 55; or
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1 (iii) beginning January 1, 1988, 25 years of
2 eligible creditable service and age 53, or 23 years of
3 eligible creditable service and age 55; or
4 (iv) beginning January 1, 1989, 25 years of
5 eligible creditable service and age 52, or 22 years of
6 eligible creditable service and age 55; or
7 (v) beginning January 1, 1990, 25 years of eligible
8 creditable service and age 51, or 21 years of eligible
9 creditable service and age 55; or
10 (vi) beginning January 1, 1991, 25 years of
11 eligible creditable service and age 50, or 20 years of
12 eligible creditable service and age 55.
13 Persons who have service credit under Article 16 of this
14 Code for service as a security employee of the Department of
15 Corrections in a position requiring certification as a
16 teacher may count such service toward establishing their
17 eligibility under the service requirements of this Section;
18 but such service may be used only for establishing such
19 eligibility, and not for the purpose of increasing or
20 calculating any benefit.
21 (e) If a member enters military service while working in
22 a position in which eligible creditable service may be
23 earned, and returns to State service in the same or another
24 such position, and fulfills in all other respects the
25 conditions prescribed in this Article for credit for military
26 service, such military service shall be credited as eligible
27 creditable service for the purposes of the retirement annuity
28 prescribed in this Section.
29 (f) For purposes of calculating retirement annuities
30 under this Section, periods of service rendered after
31 December 31, 1968 and before October 1, 1975 as a covered
32 employee in the position of special agent, conservation
33 police officer, mental health police officer, or investigator
34 for the Secretary of State, shall be deemed to have been
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1 service as a noncovered employee, provided that the employee
2 pays to the System prior to retirement an amount equal to (1)
3 the difference between the employee contributions that would
4 have been required for such service as a noncovered employee,
5 and the amount of employee contributions actually paid, plus
6 (2) if payment is made after July 31, 1987, regular interest
7 on the amount specified in item (1) from the date of service
8 to the date of payment.
9 For purposes of calculating retirement annuities under
10 this Section, periods of service rendered after December 31,
11 1968 and before January 1, 1982 as a covered employee in the
12 position of investigator for the Department of Revenue shall
13 be deemed to have been service as a noncovered employee,
14 provided that the employee pays to the System prior to
15 retirement an amount equal to (1) the difference between the
16 employee contributions that would have been required for such
17 service as a noncovered employee, and the amount of employee
18 contributions actually paid, plus (2) if payment is made
19 after January 1, 1990, regular interest on the amount
20 specified in item (1) from the date of service to the date of
21 payment.
22 (g) A State policeman may elect, not later than January
23 1, 1990, to establish eligible creditable service for up to
24 10 years of his service as a policeman under Article 3, by
25 filing a written election with the Board, accompanied by
26 payment of an amount to be determined by the Board, equal to
27 (i) the difference between the amount of employee and
28 employer contributions transferred to the System under
29 Section 3-110.5, and the amounts that would have been
30 contributed had such contributions been made at the rates
31 applicable to State policemen, plus (ii) interest thereon at
32 the effective rate for each year, compounded annually, from
33 the date of service to the date of payment.
34 Subject to the limitation in subsection (i), a State
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1 policeman may elect, not later than July 1, 1993, to
2 establish eligible creditable service for up to 10 years of
3 his service as a member of the County Police Department under
4 Article 9, by filing a written election with the Board,
5 accompanied by payment of an amount to be determined by the
6 Board, equal to (i) the difference between the amount of
7 employee and employer contributions transferred to the System
8 under Section 9-121.10 and the amounts that would have been
9 contributed had those contributions been made at the rates
10 applicable to State policemen, plus (ii) interest thereon at
11 the effective rate for each year, compounded annually, from
12 the date of service to the date of payment.
13 (h) Subject to the limitation in subsection (i), a State
14 policeman or investigator for the Secretary of State may
15 elect to establish eligible creditable service for up to 12
16 years of his service as a policeman under Article 5, by
17 filing a written election with the Board on or before January
18 31, 1992, and paying to the System by January 31, 1994 an
19 amount to be determined by the Board, equal to (i) the
20 difference between the amount of employee and employer
21 contributions transferred to the System under Section 5-236,
22 and the amounts that would have been contributed had such
23 contributions been made at the rates applicable to State
24 policemen, plus (ii) interest thereon at the effective rate
25 for each year, compounded annually, from the date of service
26 to the date of payment.
27 Subject to the limitation in subsection (i), a State
28 policeman, conservation police officer, or investigator for
29 the Secretary of State may elect to establish eligible
30 creditable service for up to 10 years of service as a
31 sheriff's law enforcement employee under Article 7, by filing
32 a written election with the Board on or before January 31,
33 1993, and paying to the System by January 31, 1994 an amount
34 to be determined by the Board, equal to (i) the difference
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1 between the amount of employee and employer contributions
2 transferred to the System under Section 7-139.7, and the
3 amounts that would have been contributed had such
4 contributions been made at the rates applicable to State
5 policemen, plus (ii) interest thereon at the effective rate
6 for each year, compounded annually, from the date of service
7 to the date of payment.
8 (i) The total amount of eligible creditable service
9 established by any person under subsections (g), (h), (j),
10 (k), and (l) of this Section shall not exceed 12 years.
11 (j) Subject to the limitation in subsection (i), an
12 investigator for the Office of the State's Attorneys
13 Appellate Prosecutor or a controlled substance inspector may
14 elect to establish eligible creditable service for up to 10
15 years of his service as a policeman under Article 3 or a
16 sheriff's law enforcement employee under Article 7, by filing
17 a written election with the Board, accompanied by payment of
18 an amount to be determined by the Board, equal to (1) the
19 difference between the amount of employee and employer
20 contributions transferred to the System under Section 3-110.6
21 or 7-139.8, and the amounts that would have been contributed
22 had such contributions been made at the rates applicable to
23 State policemen, plus (2) interest thereon at the effective
24 rate for each year, compounded annually, from the date of
25 service to the date of payment.
26 (k) Subject to the limitation in subsection (i) of this
27 Section, an alternative formula employee may elect to
28 establish eligible creditable service for periods spent as a
29 full-time law enforcement officer or full-time corrections
30 officer employed by the federal government or by a state or
31 local government located outside of Illinois, for which
32 credit is not held in any other public employee pension fund
33 or retirement system. To obtain this credit, the applicant
34 must file a written application with the Board by March 31,
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1 1998, accompanied by evidence of eligibility acceptable to
2 the Board and payment of an amount to be determined by the
3 Board, equal to (1) employee contributions for the credit
4 being established, based upon the applicant's salary on the
5 first day as an alternative formula employee after the
6 employment for which credit is being established and the
7 rates then applicable to alternative formula employees, plus
8 (2) an amount determined by the Board to be the employer's
9 normal cost of the benefits accrued for the credit being
10 established, plus (3) regular interest on the amounts in
11 items (1) and (2) from the first day as an alternative
12 formula employee after the employment for which credit is
13 being established to the date of payment.
14 (l) Subject to the limitation in subsection (i), a
15 security employee of the Department of Corrections may elect,
16 not later than July 1, 1998, to establish eligible creditable
17 service for up to 10 years of his or her service as a
18 policeman under Article 3, by filing a written election with
19 the Board, accompanied by payment of an amount to be
20 determined by the Board, equal to (i) the difference between
21 the amount of employee and employer contributions transferred
22 to the System under Section 3-110.5, and the amounts that
23 would have been contributed had such contributions been made
24 at the rates applicable to security employees of the
25 Department of Corrections, plus (ii) interest thereon at the
26 effective rate for each year, compounded annually, from the
27 date of service to the date of payment.
28 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
29 89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.