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91_HB2869ham001
LRB9106803EGfgam02
1 AMENDMENT TO HOUSE BILL 2869
2 AMENDMENT NO. . Amend House Bill 2869 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Pension Code."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Pension Code is amended by
8 changing Section 14-110 as follows:
9 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
10 Sec. 14-110. Alternative retirement annuity.
11 (a) Any member who has withdrawn from service with not
12 less than 20 years of eligible creditable service and has
13 attained age 55, and any member who has withdrawn from
14 service with not less than 25 years of eligible creditable
15 service and has attained age 50, regardless of whether the
16 attainment of either of the specified ages occurs while the
17 member is still in service, shall be entitled to receive at
18 the option of the member, in lieu of the regular or minimum
19 retirement annuity, a retirement annuity computed as
20 follows:
21 (i) for periods of service as a noncovered
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1 employee, 2 1/4% of final average compensation for each
2 of the first 10 years of creditable service, 2 1/2% for
3 each year above 10 years to and including 20 years of
4 creditable service, and 2 3/4% for each year of
5 creditable service above 20 years; and
6 (ii) for periods of eligible creditable service as
7 a covered employee, 1.67% of final average compensation
8 for each of the first 10 years of such service, 1.90% for
9 each of the next 10 years of such service, 2.10% for each
10 year of such service in excess of 20 but not exceeding
11 30, and 2.30% for each year in excess of 30.
12 Such annuity shall be subject to a maximum of 75% of
13 final average compensation. These rates shall not be
14 applicable to any service performed by a member as a covered
15 employee which is not eligible creditable service. Service
16 as a covered employee which is not eligible creditable
17 service shall be subject to the rates and provisions of
18 Section 14-108.
19 (b) For the purpose of this Section, "eligible
20 creditable service" means creditable service resulting from
21 service in one or more of the following positions:
22 (1) State policeman;
23 (2) fire fighter in the fire protection service of
24 a department;
25 (3) air pilot;
26 (4) special agent;
27 (5) investigator for the Secretary of State;
28 (6) conservation police officer;
29 (7) investigator for the Department of Revenue;
30 (8) security employee of the Department of Human
31 Services;
32 (9) Central Management Services security police
33 officer;
34 (10) security employee of the Department of
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1 Corrections;
2 (11) dangerous drugs investigator;
3 (12) investigator for the Department of State
4 Police;
5 (13) investigator for the Office of the Attorney
6 General;
7 (14) controlled substance inspector;
8 (15) investigator for the Office of the State's
9 Attorneys Appellate Prosecutor;
10 (16) Commerce Commission police officer;
11 (17) arson investigator;
12 (18) State highway maintenance worker.
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 Law
17 Enforcement Training Standards Board, if completion of that
18 training is required of persons serving in that position.
19 For the purposes of this Code, service during the required
20 basic police training course shall be deemed performance of
21 the duties of the specified position, even though the person
22 is not a sworn peace officer at the time of the training.
23 (c) For the purposes of this Section:
24 (1) The term "state policeman" includes any title
25 or position in the Department of State Police that is
26 held by an individual employed under the State Police
27 Act.
28 (2) The term "fire fighter in the fire protection
29 service of a department" includes all officers in such
30 fire protection service including fire chiefs and
31 assistant fire chiefs.
32 (3) The term "air pilot" includes any employee
33 whose official job description on file in the Department
34 of Central Management Services, or in the department by
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1 which he is employed if that department is not covered by
2 the Personnel Code, states that his principal duty is the
3 operation of aircraft, and who possesses a pilot's
4 license; however, the change in this definition made by
5 this amendatory Act of 1983 shall not operate to exclude
6 any noncovered employee who was an "air pilot" for the
7 purposes of this Section on January 1, 1984.
8 (4) The term "special agent" means any person who
9 by reason of employment by the Division of Narcotic
10 Control, the Bureau of Investigation or, after July 1,
11 1977, the Division of Criminal Investigation, the
12 Division of Internal Investigation or any other Division
13 or organizational entity in the Department of State
14 Police is vested by law with duties to maintain public
15 order, investigate violations of the criminal law of this
16 State, enforce the laws of this State, make arrests and
17 recover property. The term "special agent" includes any
18 title or position in the Department of State Police that
19 is held by an individual employed under the State Police
20 Act.
21 (5) The term "investigator for the Secretary of
22 State" means any person employed by the Office of the
23 Secretary of State and vested with such investigative
24 duties as render him ineligible for coverage under the
25 Social Security Act by reason of Sections 218(d)(5)(A),
26 218(d)(8)(D) and 218(l)(1) of that Act.
27 A person who became employed as an investigator for
28 the Secretary of State between January 1, 1967 and
29 December 31, 1975, and who has served as such until
30 attainment of age 60, either continuously or with a
31 single break in service of not more than 3 years
32 duration, which break terminated before January 1, 1976,
33 shall be entitled to have his retirement annuity
34 calculated in accordance with subsection (a),
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1 notwithstanding that he has less than 20 years of credit
2 for such service.
3 (6) The term "Conservation Police Officer" means
4 any person employed by the Division of Law Enforcement of
5 the Department of Natural Resources and vested with such
6 law enforcement duties as render him ineligible for
7 coverage under the Social Security Act by reason of
8 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
9 that Act. The term "Conservation Police Officer"
10 includes the positions of Chief Conservation Police
11 Administrator and Assistant Conservation Police
12 Administrator.
13 (7) The term "investigator for the Department of
14 Revenue" means any person employed by the Department of
15 Revenue and vested with such investigative duties as
16 render him ineligible for coverage under the Social
17 Security Act by reason of Sections 218(d)(5)(A),
18 218(d)(8)(D) and 218(l)(1) of that Act.
19 (8) The term "security employee of the Department
20 of Human Services" means any person employed by the
21 Department of Human Services who is employed at the
22 Chester Mental Health Center and has daily contact with
23 the residents thereof, or who is a mental health police
24 officer. "Mental health police officer" means any person
25 employed by the Department of Human Services in a
26 position pertaining to the Department's mental health and
27 developmental disabilities functions who is vested with
28 such law enforcement duties as render the person
29 ineligible for coverage under the Social Security Act by
30 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
31 218(l)(1) of that Act.
32 (9) "Central Management Services security police
33 officer" means any person employed by the Department of
34 Central Management Services who is vested with such law
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1 enforcement duties as render him ineligible for coverage
2 under the Social Security Act by reason of Sections
3 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
4 (10) The term "security employee of the Department
5 of Corrections" means any employee of the Department of
6 Corrections or the former Department of Personnel, and
7 any member or employee of the Prisoner Review Board, who
8 has daily contact with inmates by working within a
9 correctional facility or who is a parole officer or an
10 employee who has direct contact with committed persons in
11 the performance of his or her job duties.
12 (11) The term "dangerous drugs investigator" means
13 any person who is employed as such by the Department of
14 Human Services.
15 (12) The term "investigator for the Department of
16 State Police" means a person employed by the Department
17 of State Police who is vested under Section 4 of the
18 Narcotic Control Division Abolition Act with such law
19 enforcement powers as render him ineligible for coverage
20 under the Social Security Act by reason of Sections
21 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
22 (13) "Investigator for the Office of the Attorney
23 General" means any person who is employed as such by the
24 Office of the Attorney General and is vested with such
25 investigative duties as render him ineligible for
26 coverage under the Social Security Act by reason of
27 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
28 Act. For the period before January 1, 1989, the term
29 includes all persons who were employed as investigators
30 by the Office of the Attorney General, without regard to
31 social security status.
32 (14) "Controlled substance inspector" means any
33 person who is employed as such by the Department of
34 Professional Regulation and is vested with such law
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1 enforcement duties as render him ineligible for coverage
2 under the Social Security Act by reason of Sections
3 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
4 The term "controlled substance inspector" includes the
5 Program Executive of Enforcement and the Assistant
6 Program Executive of Enforcement.
7 (15) The term "investigator for the Office of the
8 State's Attorneys Appellate Prosecutor" means a person
9 employed in that capacity on a full time basis under the
10 authority of Section 7.06 of the State's Attorneys
11 Appellate Prosecutor's Act.
12 (16) "Commerce Commission police officer" means any
13 person employed by the Illinois Commerce Commission who
14 is vested with such law enforcement duties as render him
15 ineligible for coverage under the Social Security Act by
16 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
17 218(l)(1) of that Act.
18 (17) "Arson investigator" means any person who is
19 employed as such by the Office of the State Fire Marshal
20 and is vested with such law enforcement duties as render
21 the person ineligible for coverage under the Social
22 Security Act by reason of Sections 218(d)(5)(A),
23 218(d)(8)(D), and 218(l)(1) of that Act. A person who
24 was employed as an arson investigator on January 1, 1995
25 and is no longer in service but not yet receiving a
26 retirement annuity may convert his or her creditable
27 service for employment as an arson investigator into
28 eligible creditable service by paying to the System the
29 difference between the employee contributions actually
30 paid for that service and the amounts that would have
31 been contributed if the applicant were contributing at
32 the rate applicable to persons with the same social
33 security status earning eligible creditable service on
34 the date of application.
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1 (18) The term "State highway maintenance worker"
2 means a person who is either of the following:
3 (i) A person employed on a full-time basis by
4 the Illinois Department of Transportation in the
5 position of highway maintainer, highway maintenance
6 lead worker, highway maintenance lead/lead worker,
7 heavy construction equipment operator, power shovel
8 operator, or bridge mechanic; and whose principal
9 responsibility is to perform, on the roadway, the
10 actual maintenance necessary to keep the highways
11 that form a part of the State highway system in
12 serviceable condition for vehicular traffic.
13 (ii) A person employed on a full-time basis by
14 the Illinois State Toll Highway Authority in the
15 position of equipment operator/laborer H-4,
16 equipment operator/laborer H-6, welder H-4,
17 welder H-6, mechanical/electrical H-4,
18 mechanical/electrical H-6, water/sewer H-4,
19 water/sewer H-6, sign maker/hanger H-4, sign
20 maker/hanger H-6, roadway lighting H-4, roadway
21 lighting H-6, structural H-4, structural H-6,
22 painter H-4, or painter H-6; and whose principal
23 responsibility is to perform, on the roadway, the
24 actual maintenance necessary to keep the Authority's
25 tollways in serviceable condition for vehicular
26 traffic.
27 (d) A security employee of the Department of
28 Corrections, and a security employee of the Department of
29 Human Services who is not a mental health police officer,
30 shall not be eligible for the alternative retirement annuity
31 provided by this Section unless he or she meets the following
32 minimum age and service requirements at the time of
33 retirement:
34 (i) 25 years of eligible creditable service and age
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1 55; or
2 (ii) beginning January 1, 1987, 25 years of
3 eligible creditable service and age 54, or 24 years of
4 eligible creditable service and age 55; or
5 (iii) beginning January 1, 1988, 25 years of
6 eligible creditable service and age 53, or 23 years of
7 eligible creditable service and age 55; or
8 (iv) beginning January 1, 1989, 25 years of
9 eligible creditable service and age 52, or 22 years of
10 eligible creditable service and age 55; or
11 (v) beginning January 1, 1990, 25 years of eligible
12 creditable service and age 51, or 21 years of eligible
13 creditable service and age 55; or
14 (vi) beginning January 1, 1991, 25 years of
15 eligible creditable service and age 50, or 20 years of
16 eligible creditable service and age 55.
17 Persons who have service credit under Article 16 of this
18 Code for service as a security employee of the Department of
19 Corrections in a position requiring certification as a
20 teacher may count such service toward establishing their
21 eligibility under the service requirements of this Section;
22 but such service may be used only for establishing such
23 eligibility, and not for the purpose of increasing or
24 calculating any benefit.
25 (e) If a member enters military service while working in
26 a position in which eligible creditable service may be
27 earned, and returns to State service in the same or another
28 such position, and fulfills in all other respects the
29 conditions prescribed in this Article for credit for military
30 service, such military service shall be credited as eligible
31 creditable service for the purposes of the retirement annuity
32 prescribed in this Section.
33 (f) For purposes of calculating retirement annuities
34 under this Section, periods of service rendered after
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1 December 31, 1968 and before October 1, 1975 as a covered
2 employee in the position of special agent, conservation
3 police officer, mental health police officer, or investigator
4 for the Secretary of State, shall be deemed to have been
5 service as a noncovered employee, provided that the employee
6 pays to the System prior to retirement an amount equal to (1)
7 the difference between the employee contributions that would
8 have been required for such service as a noncovered employee,
9 and the amount of employee contributions actually paid, plus
10 (2) if payment is made after July 31, 1987, regular interest
11 on the amount specified in item (1) from the date of service
12 to the date of payment.
13 For purposes of calculating retirement annuities under
14 this Section, periods of service rendered after December 31,
15 1968 and before January 1, 1982 as a covered employee in the
16 position of investigator for the Department of Revenue shall
17 be deemed to have been service as a noncovered employee,
18 provided that the employee pays to the System prior to
19 retirement an amount equal to (1) the difference between the
20 employee contributions that would have been required for such
21 service as a noncovered employee, and the amount of employee
22 contributions actually paid, plus (2) if payment is made
23 after January 1, 1990, regular interest on the amount
24 specified in item (1) from the date of service to the date of
25 payment.
26 (g) A State policeman may elect, not later than January
27 1, 1990, to establish eligible creditable service for up to
28 10 years of his service as a policeman under Article 3, by
29 filing a written election with the Board, accompanied by
30 payment of an amount to be determined by the Board, equal to
31 (i) the difference between the amount of employee and
32 employer contributions transferred to the System under
33 Section 3-110.5, and the amounts that would have been
34 contributed had such contributions been made at the rates
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1 applicable to State policemen, plus (ii) interest thereon at
2 the effective rate for each year, compounded annually, from
3 the date of service to the date of payment.
4 Subject to the limitation in subsection (i), a State
5 policeman may elect, not later than July 1, 1993, to
6 establish eligible creditable service for up to 10 years of
7 his service as a member of the County Police Department under
8 Article 9, by filing a written election with the Board,
9 accompanied by payment of an amount to be determined by the
10 Board, equal to (i) the difference between the amount of
11 employee and employer contributions transferred to the System
12 under Section 9-121.10 and the amounts that would have been
13 contributed had those contributions been made at the rates
14 applicable to State policemen, plus (ii) interest thereon at
15 the effective rate for each year, compounded annually, from
16 the date of service to the date of payment.
17 (h) Subject to the limitation in subsection (i), a State
18 policeman or investigator for the Secretary of State may
19 elect to establish eligible creditable service for up to 12
20 years of his service as a policeman under Article 5, by
21 filing a written election with the Board on or before January
22 31, 1992, and paying to the System by January 31, 1994 an
23 amount to be determined by the Board, equal to (i) the
24 difference between the amount of employee and employer
25 contributions transferred to the System under Section 5-236,
26 and the amounts that would have been contributed had such
27 contributions been made at the rates applicable to State
28 policemen, plus (ii) interest thereon at the effective rate
29 for each year, compounded annually, from the date of service
30 to the date of payment.
31 Subject to the limitation in subsection (i), a State
32 policeman, conservation police officer, or investigator for
33 the Secretary of State may elect to establish eligible
34 creditable service for up to 10 years of service as a
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1 sheriff's law enforcement employee under Article 7, by filing
2 a written election with the Board on or before January 31,
3 1993, and paying to the System by January 31, 1994 an amount
4 to be determined by the Board, equal to (i) the difference
5 between the amount of employee and employer contributions
6 transferred to the System under Section 7-139.7, and the
7 amounts that would have been contributed had such
8 contributions been made at the rates applicable to State
9 policemen, plus (ii) interest thereon at the effective rate
10 for each year, compounded annually, from the date of service
11 to the date of payment.
12 (i) The total amount of eligible creditable service
13 established by any person under subsections (g), (h), (j),
14 (k), and (l) of this Section shall not exceed 12 years.
15 (j) Subject to the limitation in subsection (i), an
16 investigator for the Office of the State's Attorneys
17 Appellate Prosecutor or a controlled substance inspector may
18 elect to establish eligible creditable service for up to 10
19 years of his service as a policeman under Article 3 or a
20 sheriff's law enforcement employee under Article 7, by filing
21 a written election with the Board, accompanied by payment of
22 an amount to be determined by the Board, equal to (1) the
23 difference between the amount of employee and employer
24 contributions transferred to the System under Section 3-110.6
25 or 7-139.8, and the amounts that would have been contributed
26 had such contributions been made at the rates applicable to
27 State policemen, plus (2) interest thereon at the effective
28 rate for each year, compounded annually, from the date of
29 service to the date of payment.
30 (k) Subject to the limitation in subsection (i) of this
31 Section, an alternative formula employee may elect to
32 establish eligible creditable service for periods spent as a
33 full-time law enforcement officer or full-time corrections
34 officer employed by the federal government or by a state or
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1 local government located outside of Illinois, for which
2 credit is not held in any other public employee pension fund
3 or retirement system. To obtain this credit, the applicant
4 must file a written application with the Board by March 31,
5 1998, accompanied by evidence of eligibility acceptable to
6 the Board and payment of an amount to be determined by the
7 Board, equal to (1) employee contributions for the credit
8 being established, based upon the applicant's salary on the
9 first day as an alternative formula employee after the
10 employment for which credit is being established and the
11 rates then applicable to alternative formula employees, plus
12 (2) an amount determined by the Board to be the employer's
13 normal cost of the benefits accrued for the credit being
14 established, plus (3) regular interest on the amounts in
15 items (1) and (2) from the first day as an alternative
16 formula employee after the employment for which credit is
17 being established to the date of payment.
18 (l) Subject to the limitation in subsection (i), a
19 security employee of the Department of Corrections may elect,
20 not later than July 1, 1998, to establish eligible creditable
21 service for up to 10 years of his or her service as a
22 policeman under Article 3, by filing a written election with
23 the Board, accompanied by payment of an amount to be
24 determined by the Board, equal to (i) the difference between
25 the amount of employee and employer contributions transferred
26 to the System under Section 3-110.5, and the amounts that
27 would have been contributed had such contributions been made
28 at the rates applicable to security employees of the
29 Department of Corrections, plus (ii) interest thereon at the
30 effective rate for each year, compounded annually, from the
31 date of service to the date of payment.
32 (Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99.)".