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91_HB3833
LRB9110445EGfg
1 AN ACT to amend the Illinois Pension Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Section 14-110 as follows:
6 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
7 Sec. 14-110. Alternative retirement annuity.
8 (a) Any member who has withdrawn from service with not
9 less than 20 years of eligible creditable service and has
10 attained age 55, and any member who has withdrawn from
11 service with not less than 25 years of eligible creditable
12 service and has attained age 50, regardless of whether the
13 attainment of either of the specified ages occurs while the
14 member is still in service, shall be entitled to receive at
15 the option of the member, in lieu of the regular or minimum
16 retirement annuity, a retirement annuity computed as
17 follows:
18 (i) for periods of service as a noncovered
19 employee, 2 1/4% of final average compensation for each
20 of the first 10 years of creditable service, 2 1/2% for
21 each year above 10 years to and including 20 years of
22 creditable service, and 2 3/4% for each year of
23 creditable service above 20 years; and
24 (ii) for periods of eligible creditable service as
25 a covered employee, 1.67% of final average compensation
26 for each of the first 10 years of such service, 1.90% for
27 each of the next 10 years of such service, 2.10% for each
28 year of such service in excess of 20 but not exceeding
29 30, and 2.30% for each year in excess of 30.
30 Such annuity shall be subject to a maximum of 75% of
31 final average compensation. These rates shall not be
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1 applicable to any service performed by a member as a covered
2 employee which is not eligible creditable service. Service
3 as a covered employee which is not eligible creditable
4 service shall be subject to the rates and provisions of
5 Section 14-108.
6 (b) For the purpose of this Section, "eligible
7 creditable service" means creditable service resulting from
8 service in one or more of the following positions:
9 (1) State policeman;
10 (2) fire fighter in the fire protection service of
11 a department;
12 (3) air pilot;
13 (4) special agent;
14 (5) investigator for the Secretary of State;
15 (6) conservation police officer;
16 (7) investigator for the Department of Revenue;
17 (8) security employee of the Department of Human
18 Services;
19 (9) Central Management Services security police
20 officer;
21 (10) security employee of the Department of
22 Corrections;
23 (11) dangerous drugs investigator;
24 (12) investigator for the Department of State
25 Police;
26 (13) investigator for the Office of the Attorney
27 General;
28 (14) controlled substance inspector;
29 (15) investigator for the Office of the State's
30 Attorneys Appellate Prosecutor;
31 (16) Commerce Commission police officer;
32 (17) arson investigator;
33 (18) polygraph examiner.
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 Law
4 Enforcement Training Standards Board, if completion of that
5 training is required of persons serving in that position.
6 For the purposes of this Code, service during the required
7 basic police training course shall be deemed performance of
8 the duties of the specified position, even though the person
9 is not a sworn peace officer at the time of the training.
10 (c) For the purposes of this Section:
11 (1) The term "State policeman" includes any title
12 or position in the Department of State Police that is
13 held by an individual employed under the State Police
14 Act.
15 (2) The term "fire fighter in the fire protection
16 service of a department" includes all officers in such
17 fire protection service including fire chiefs and
18 assistant fire chiefs.
19 (3) The term "air pilot" includes any employee
20 whose official job description on file in the Department
21 of Central Management Services, or in the department by
22 which he is employed if that department is not covered by
23 the Personnel Code, states that his principal duty is the
24 operation of aircraft, and who possesses a pilot's
25 license; however, the change in this definition made by
26 this amendatory Act of 1983 shall not operate to exclude
27 any noncovered employee who was an "air pilot" for the
28 purposes of this Section on January 1, 1984.
29 (4) The term "special agent" means any person who
30 by reason of employment by the Division of Narcotic
31 Control, the Bureau of Investigation or, after July 1,
32 1977, the Division of Criminal Investigation, the
33 Division of Internal Investigation or any other Division
34 or organizational entity in the Department of State
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1 Police is vested by law with duties to maintain public
2 order, investigate violations of the criminal law of this
3 State, enforce the laws of this State, make arrests and
4 recover property. The term "special agent" includes any
5 title or position in the Department of State Police that
6 is held by an individual employed under the State Police
7 Act.
8 (5) The term "investigator for the Secretary of
9 State" means any person employed by the Office of the
10 Secretary of State and vested with such investigative
11 duties as render him ineligible for coverage under the
12 Social Security Act by reason of Sections 218(d)(5)(A),
13 218(d)(8)(D) and 218(l)(1) of that Act.
14 A person who became employed as an investigator for
15 the Secretary of State between January 1, 1967 and
16 December 31, 1975, and who has served as such until
17 attainment of age 60, either continuously or with a
18 single break in service of not more than 3 years
19 duration, which break terminated before January 1, 1976,
20 shall be entitled to have his retirement annuity
21 calculated in accordance with subsection (a),
22 notwithstanding that he has less than 20 years of credit
23 for such service.
24 (6) The term "Conservation Police Officer" means
25 any person employed by the Division of Law Enforcement of
26 the Department of Natural Resources and vested with such
27 law enforcement duties as render him ineligible for
28 coverage under the Social Security Act by reason of
29 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
30 that Act. The term "Conservation Police Officer"
31 includes the positions of Chief Conservation Police
32 Administrator and Assistant Conservation Police
33 Administrator.
34 (7) The term "investigator for the Department of
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1 Revenue" means any person employed by the Department of
2 Revenue and vested with such investigative duties as
3 render him ineligible for coverage under the Social
4 Security Act by reason of Sections 218(d)(5)(A),
5 218(d)(8)(D) and 218(l)(1) of that Act.
6 (8) The term "security employee of the Department
7 of Human Services" means any person employed by the
8 Department of Human Services who is employed at the
9 Chester Mental Health Center and has daily contact with
10 the residents thereof, or who is a mental health police
11 officer. "Mental health police officer" means any person
12 employed by the Department of Human Services in a
13 position pertaining to the Department's mental health and
14 developmental disabilities functions who is vested with
15 such law enforcement duties as render the person
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 (9) "Central Management Services security police
20 officer" means any person employed by the Department of
21 Central Management Services who is vested with such law
22 enforcement duties as render him ineligible for coverage
23 under the Social Security Act by reason of Sections
24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
25 (10) The term "security employee of the Department
26 of Corrections" means any employee of the Department of
27 Corrections or the former Department of Personnel, and
28 any member or employee of the Prisoner Review Board, who
29 has daily contact with inmates by working within a
30 correctional facility or who is a parole officer or an
31 employee who has direct contact with committed persons in
32 the performance of his or her job duties.
33 (11) The term "dangerous drugs investigator" means
34 any person who is employed as such by the Department of
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1 Human Services.
2 (12) The term "investigator for the Department of
3 State Police" means a person employed by the Department
4 of State Police who is vested under Section 4 of the
5 Narcotic Control Division Abolition Act with such law
6 enforcement powers as render him ineligible for coverage
7 under the Social Security Act by reason of Sections
8 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
9 (13) "Investigator for the Office of the Attorney
10 General" means any person who is employed as such by the
11 Office of the Attorney General and is vested with such
12 investigative duties as render him ineligible for
13 coverage under the Social Security Act by reason of
14 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
15 Act. For the period before January 1, 1989, the term
16 includes all persons who were employed as investigators
17 by the Office of the Attorney General, without regard to
18 social security status.
19 (14) "Controlled substance inspector" means any
20 person who is employed as such by the Department of
21 Professional Regulation and is vested with such law
22 enforcement duties as render him ineligible for coverage
23 under the Social Security Act by reason of Sections
24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
25 The term "controlled substance inspector" includes the
26 Program Executive of Enforcement and the Assistant
27 Program Executive of Enforcement.
28 (15) The term "investigator for the Office of the
29 State's Attorneys Appellate Prosecutor" means a person
30 employed in that capacity on a full time basis under the
31 authority of Section 7.06 of the State's Attorneys
32 Appellate Prosecutor's Act.
33 (16) "Commerce Commission police officer" means any
34 person employed by the Illinois Commerce Commission who
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1 is vested with such law enforcement duties as render him
2 ineligible for coverage under the Social Security Act by
3 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
4 218(l)(1) of that Act.
5 (17) "Arson investigator" means any person who is
6 employed as such by the Office of the State Fire Marshal
7 and is vested with such law enforcement duties as render
8 the person ineligible for coverage under the Social
9 Security Act by reason of Sections 218(d)(5)(A),
10 218(d)(8)(D), and 218(l)(1) of that Act. A person who
11 was employed as an arson investigator on January 1, 1995
12 and is no longer in service but not yet receiving a
13 retirement annuity may convert his or her creditable
14 service for employment as an arson investigator into
15 eligible creditable service by paying to the System the
16 difference between the employee contributions actually
17 paid for that service and the amounts that would have
18 been contributed if the applicant were contributing at
19 the rate applicable to persons with the same social
20 security status earning eligible creditable service on
21 the date of application.
22 (18) The term "polygraph examiner" means any member
23 who is employed as a polygraph examiner by the Department
24 of State Police, has elected to receive eligible
25 creditable service, and has paid to the System, for his
26 or her previous service in that capacity, the difference
27 between the employee contributions that would have been
28 required if that member had contributed at the rate then
29 applicable to members earning eligible creditable service
30 and the employee contributions actually paid for that
31 service, plus regular interest.
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), (j),
19 (k), and (l) 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 or a controlled substance inspector may
23 elect to establish eligible creditable service for up to 10
24 years of his service as a policeman under Article 3 or a
25 sheriff's law enforcement employee under Article 7, by filing
26 a written election with the Board, accompanied by payment of
27 an amount to be determined by the Board, equal to (1) the
28 difference between the amount of employee and employer
29 contributions transferred to the System under Section 3-110.6
30 or 7-139.8, and the amounts that would have been contributed
31 had such contributions been made at the rates applicable to
32 State policemen, plus (2) interest thereon at the effective
33 rate for each year, compounded annually, from the date of
34 service to the date of payment.
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1 (k) Subject to the limitation in subsection (i) of this
2 Section, an alternative formula employee may elect to
3 establish eligible creditable service for periods spent as a
4 full-time law enforcement officer or full-time corrections
5 officer employed by the federal government or by a state or
6 local government located outside of Illinois, for which
7 credit is not held in any other public employee pension fund
8 or retirement system. To obtain this credit, the applicant
9 must file a written application with the Board by March 31,
10 1998, accompanied by evidence of eligibility acceptable to
11 the Board and payment of an amount to be determined by the
12 Board, equal to (1) employee contributions for the credit
13 being established, based upon the applicant's salary on the
14 first day as an alternative formula employee after the
15 employment for which credit is being established and the
16 rates then applicable to alternative formula employees, plus
17 (2) an amount determined by the Board to be the employer's
18 normal cost of the benefits accrued for the credit being
19 established, plus (3) regular interest on the amounts in
20 items (1) and (2) from the first day as an alternative
21 formula employee after the employment for which credit is
22 being established to the date of payment.
23 (l) Subject to the limitation in subsection (i), a
24 security employee of the Department of Corrections may elect,
25 not later than July 1, 1998, to establish eligible creditable
26 service for up to 10 years of his or her service as a
27 policeman under Article 3, by filing a written election with
28 the Board, accompanied by payment of an amount to be
29 determined by the Board, equal to (i) the difference between
30 the amount of employee and employer contributions transferred
31 to the System under Section 3-110.5, and the amounts that
32 would have been contributed had such contributions been made
33 at the rates applicable to security employees of the
34 Department of Corrections, plus (ii) interest thereon at the
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1 effective rate for each year, compounded annually, from the
2 date of service to the date of payment.
3 (Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.