State of Illinois
92nd General Assembly
Legislation

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92_HB0235

 
                                               LRB9203749EGfg

 1        AN ACT in relation to public employee benefits.

 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 Sections 14-103.05 and 14-110 as follows:

 6        (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
 7        Sec. 14-103.05.  Employee.
 8        (a)  Any person employed by  a  Department  who  receives
 9    salary  for personal services rendered to the Department on a
10    warrant issued pursuant to a payroll voucher certified  by  a
11    Department  and drawn by the State Comptroller upon the State
12    Treasurer,  including  an  elected  official   described   in
13    subparagraph  (d) of Section 14-104, shall become an employee
14    for purpose of membership in the  Retirement  System  on  the
15    first day of such employment.
16        A person entering service on or after January 1, 1972 and
17    prior to January 1, 1984 shall become a member as a condition
18    of  employment and shall begin making contributions as of the
19    first day of employment.
20        A person entering service on or  after  January  1,  1984
21    shall,  upon  completion  of  6  months of continuous service
22    which is not interrupted by a break of more  than  2  months,
23    become  a member as a condition of employment.  Contributions
24    shall begin the first of the month after  completion  of  the
25    qualifying period.
26        The  qualifying  period  of  6  months  of service is not
27    applicable to:  (1) a person who has been granted credit  for
28    service  in  a  position  covered  by  the State Universities
29    Retirement System, the Teachers'  Retirement  System  of  the
30    State of Illinois, the General Assembly Retirement System, or
31    the  Judges Retirement System of Illinois unless that service
 
                            -2-                LRB9203749EGfg
 1    has been forfeited under the laws of  those  systems;  (2)  a
 2    person  entering  service  on  or  after  July  1,  1991 in a
 3    noncovered  position;  or  (3)  a  person  to  whom   Section
 4    14-108.2a or 14-108.2b applies.
 5        (b)  The term "employee" does not include the following:
 6             (1)  members  of  the State Legislature, and persons
 7        electing  to  become  members  of  the  General  Assembly
 8        Retirement System pursuant to Section 2-105;
 9             (2)  incumbents of offices normally filled  by  vote
10        of the people;
11             (3)  except  as  otherwise provided in this Section,
12        any person appointed by the Governor with the advice  and
13        consent  of  the  Senate  unless  that  person  elects to
14        participate in this system;
15             (4)  except as provided  in  Section  14-108.2,  any
16        person  who  is  covered or eligible to be covered by the
17        Teachers' Retirement System of the State of Illinois, the
18        State  Universities  Retirement  System,  or  the  Judges
19        Retirement System of Illinois;
20             (5)  an employee of  a  municipality  or  any  other
21        political subdivision of the State;
22             (6)  any  person  who becomes an employee after June
23        30,  1979  as  a  public   service   employment   program
24        participant  under  the  Federal Comprehensive Employment
25        and Training Act and whose wages or fringe  benefits  are
26        paid  in  whole  or  in part by funds provided under such
27        Act;
28             (7)  enrollees   of   the   Illinois   Young   Adult
29        Conservation   Corps   program,   administered   by   the
30        Department  of  Natural  Resources,  authorized   grantee
31        pursuant  to  Title VIII of the "Comprehensive Employment
32        and Training  Act  of  1973",  29  USC  993,  as  now  or
33        hereafter amended;
34             (8)  enrollees   and  temporary  staff  of  programs
 
                            -3-                LRB9203749EGfg
 1        administered by the Department of Natural Resources under
 2        the Youth Conservation Corps Act of 1970;
 3             (9)  any person who is a member of any  professional
 4        licensing  or  disciplinary  board  created  under an Act
 5        administered by the Department of Professional Regulation
 6        or a successor agency or created or re-created after  the
 7        effective  date  of  this amendatory Act of 1997, and who
 8        receives per diem  compensation  rather  than  a  salary,
 9        notwithstanding  that  such per diem compensation is paid
10        by warrant issued pursuant to  a  payroll  voucher;  such
11        persons  have  never  been  included in the membership of
12        this System,  and  this  amendatory  Act  of  1987  (P.A.
13        84-1472)  is  not  intended  to  effect any change in the
14        status of such persons;
15             (10)  any person who is a  member  of  the  Illinois
16        Health  Care  Cost  Containment Council, and receives per
17        diem compensation rather than a  salary,  notwithstanding
18        that such per diem compensation is paid by warrant issued
19        pursuant  to  a  payroll voucher; such persons have never
20        been included in the membership of this System, and  this
21        amendatory  Act  of  1987  is  not intended to effect any
22        change in the status of such persons; or
23             (11)  any person who is a member of the Oil and  Gas
24        Board  created by Section 1.2 of the Illinois Oil and Gas
25        Act, and receives per diem  compensation  rather  than  a
26        salary,  notwithstanding  that such per diem compensation
27        is paid by warrant issued pursuant to a payroll voucher.
28        (c)  An individual who is employed on a  full-time  basis
29    as  an  officer or employee of a statewide labor organization
30    that represents members of this System may participate in the
31    System and shall be deemed an employee, provided that (1) the
32    individual has previously  earned  creditable  service  under
33    this  Article,  (2)  the  individual files with the System an
34    irrevocable election to become a  participant,  and  (3)  the
 
                            -4-                LRB9203749EGfg
 1    individual  does not receive credit for that employment under
 2    any other public pension plan  or  retirement  system  (other
 3    than social security).  An employee under this subsection (c)
 4    is  responsible  for  paying  to the System both (i) employee
 5    contributions  based  on  compensation  as  defined  in  this
 6    subsection and (ii)  employer  contributions  based  on  that
 7    compensation  and  the percentage of payroll certified by the
 8    board; all or any part of these contributions may be paid  on
 9    the  employee's  behalf  or  picked  up  for tax purposes (if
10    authorized under federal law) by the labor organization.
11        While participating in the System under  this  subsection
12    (c), the participant's rate of compensation, for all purposes
13    of  this  Article  and the Retirement Systems Reciprocal Act,
14    shall be deemed to be  the  rate  of  compensation  that  the
15    participant would have received if he or she had continued in
16    the  position  that  he  or  she  held  on the last day as an
17    employee in this  System  prior  to  beginning  participation
18    under   this   subsection   (c),   including   all  scheduled
19    satisfactory performance increases and other salary increases
20    applicable from time to time to persons in that position (or,
21    if that position is  eliminated,  applicable  to  persons  in
22    similar  positions under the same pay plan or its successor).
23    The  rate  of  compensation  for  a  participant  under  this
24    subsection (c) shall be determined by the Board, in its  sole
25    discretion.
26        A person who is an employee as defined in this subsection
27    may  establish service credit for similar employment prior to
28    becoming an employee under this subsection by paying  to  the
29    System  for  that  employment  the contributions specified in
30    this subsection, plus interest at the effective rate from the
31    date of service to the  date  of  payment.   However,  credit
32    shall not be granted under this subsection for any such prior
33    employment  for which the applicant received credit under any
34    other public pension plan or retirement  system  (other  than
 
                            -5-                LRB9203749EGfg
 1    social security).
 2    (Source:  P.A.  89-246;  eff.  8-4-95;  89-445,  eff. 2-7-96;
 3    90-448, eff. 8-16-97.)

 4        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
 5        Sec. 14-110.  Alternative retirement annuity.
 6        (a)  Any member who has withdrawn from service  with  not
 7    less  than  20  years  of eligible creditable service and has
 8    attained age 55,  and  any  member  who  has  withdrawn  from
 9    service  with  not  less than 25 years of eligible creditable
10    service and has attained age 50, regardless  of  whether  the
11    attainment  of  either of the specified ages occurs while the
12    member is still in service, shall be entitled to  receive  at
13    the  option  of the member, in lieu of the regular or minimum
14    retirement  annuity,  a  retirement   annuity   computed   as
15    follows:
16             (i)  for   periods   of   service  as  a  noncovered
17        employee, 2 1/4% of final average compensation  for  each
18        of  the  first 10 years of creditable service, 2 1/2% for
19        each year above 10 years to and  including  20  years  of
20        creditable   service,   and  2  3/4%  for  each  year  of
21        creditable service above 20 years; and
22             (ii)  for periods of eligible creditable service  as
23        a  covered  employee, 1.67% of final average compensation
24        for each of the first 10 years of such service, 1.90% for
25        each of the next 10 years of such service, 2.10% for each
26        year of such service in excess of 20  but  not  exceeding
27        30, and 2.30% for each year in excess of 30.
28        Such  annuity  shall  be  subject  to a maximum of 75% of
29    final  average  compensation.   These  rates  shall  not   be
30    applicable  to any service performed by a member as a covered
31    employee which is not eligible creditable service.    Service
32    as  a  covered  employee  which  is  not  eligible creditable
33    service shall be subject  to  the  rates  and  provisions  of
 
                            -6-                LRB9203749EGfg
 1    Section 14-108.
 2        (b)  For   the   purpose   of   this  Section,  "eligible
 3    creditable service" means creditable service  resulting  from
 4    service in one or more of the following positions:
 5             (1)  State policeman;
 6             (2)  fire  fighter in the fire protection service of
 7        a department;
 8             (3)  air pilot;
 9             (4)  special agent;
10             (5)  investigator for the Secretary of State;
11             (6)  conservation police officer;
12             (7)  investigator for the Department of Revenue;
13             (8)  security employee of the  Department  of  Human
14        Services;
15             (9)  Central  Management  Services  security  police
16        officer;
17             (10)  security   employee   of   the  Department  of
18        Corrections;
19             (11)  dangerous drugs investigator;
20             (12)  investigator  for  the  Department  of   State
21        Police;
22             (13)  investigator  for  the  Office of the Attorney
23        General;
24             (14)  controlled substance inspector;
25             (15)  investigator for the  Office  of  the  State's
26        Attorneys Appellate Prosecutor;
27             (16)  Commerce Commission police officer;
28             (17)  arson investigator;
29             (18)  State highway maintenance worker.
30        A  person  employed  in one of the positions specified in
31    this subsection is entitled to  eligible  creditable  service
32    for service credit earned under this Article while undergoing
33    the basic police training course approved by the Illinois Law
34    Enforcement  Training  Standards Board, if completion of that
 
                            -7-                LRB9203749EGfg
 1    training is required of persons  serving  in  that  position.
 2    For  the  purposes  of this Code, service during the required
 3    basic police training course shall be deemed  performance  of
 4    the  duties of the specified position, even though the person
 5    is not a sworn peace officer at the time of the training.
 6        (c)  For the purposes of this Section:
 7             (1)  The term "state policeman" includes  any  title
 8        or  position  in  the  Department of State Police that is
 9        held by an individual employed  under  the  State  Police
10        Act.
11             (2)  The  term  "fire fighter in the fire protection
12        service of a department" includes all  officers  in  such
13        fire   protection   service  including  fire  chiefs  and
14        assistant fire chiefs.
15             (3)  The term  "air  pilot"  includes  any  employee
16        whose  official job description on file in the Department
17        of Central Management Services, or in the  department  by
18        which he is employed if that department is not covered by
19        the Personnel Code, states that his principal duty is the
20        operation  of  aircraft,  and  who  possesses  a  pilot's
21        license;  however,  the change in this definition made by
22        this amendatory Act of 1983 shall not operate to  exclude
23        any  noncovered  employee  who was an "air pilot" for the
24        purposes of this Section on January 1, 1984.
25             (4)  The term "special agent" means any  person  who
26        by  reason  of  employment  by  the  Division of Narcotic
27        Control, the Bureau of Investigation or,  after  July  1,
28        1977,   the   Division  of  Criminal  Investigation,  the
29        Division  of  Internal  Investigation,  the  Division  of
30        Operations,  or  any  other  Division  or  organizational
31        entity in the Department of State Police is vested by law
32        with  duties  to  maintain  public   order,   investigate
33        violations of the criminal law of this State, enforce the
34        laws  of  this  State, make arrests and recover property.
 
                            -8-                LRB9203749EGfg
 1        The term "special agent" includes any title  or  position
 2        in  the  Department  of  State  Police that is held by an
 3        individual employed under the State Police Act.
 4             (5)  The term "investigator  for  the  Secretary  of
 5        State"  means  any  person  employed by the Office of the
 6        Secretary of State and  vested  with  such  investigative
 7        duties  as  render  him ineligible for coverage under the
 8        Social Security Act by reason of  Sections  218(d)(5)(A),
 9        218(d)(8)(D) and 218(l)(1) of that Act.
10             A  person who became employed as an investigator for
11        the Secretary  of  State  between  January  1,  1967  and
12        December  31,  1975,  and  who  has  served as such until
13        attainment of age  60,  either  continuously  or  with  a
14        single  break  in  service  of  not  more  than  3  years
15        duration,  which break terminated before January 1, 1976,
16        shall  be  entitled  to  have  his   retirement   annuity
17        calculated     in   accordance   with   subsection   (a),
18        notwithstanding that he has less than 20 years of  credit
19        for such service.
20             (6)  The  term  "Conservation  Police Officer" means
21        any person employed by the Division of Law Enforcement of
22        the Department of Natural Resources and vested with  such
23        law  enforcement  duties  as  render  him  ineligible for
24        coverage under the  Social  Security  Act  by  reason  of
25        Sections  218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1) of
26        that  Act.   The  term  "Conservation   Police   Officer"
27        includes  the  positions  of  Chief  Conservation  Police
28        Administrator    and    Assistant   Conservation   Police
29        Administrator.
30             (7)  The term "investigator for  the  Department  of
31        Revenue"  means  any person employed by the Department of
32        Revenue and vested  with  such  investigative  duties  as
33        render  him  ineligible  for  coverage  under  the Social
34        Security  Act  by  reason   of   Sections   218(d)(5)(A),
 
                            -9-                LRB9203749EGfg
 1        218(d)(8)(D) and 218(l)(1) of that Act.
 2             (8)  The  term  "security employee of the Department
 3        of Human Services"  means  any  person  employed  by  the
 4        Department  of  Human  Services  who  is  employed at the
 5        Chester Mental Health Center and has daily  contact  with
 6        the  residents  thereof, or who is a mental health police
 7        officer.  "Mental health police officer" means any person
 8        employed  by  the  Department  of  Human  Services  in  a
 9        position pertaining to the Department's mental health and
10        developmental disabilities functions who is  vested  with
11        such   law   enforcement  duties  as  render  the  person
12        ineligible for coverage under the Social Security Act  by
13        reason   of   Sections   218(d)(5)(A),  218(d)(8)(D)  and
14        218(l)(1) of that Act.
15             (9)  "Central Management  Services  security  police
16        officer"  means  any person employed by the Department of
17        Central Management Services who is vested with  such  law
18        enforcement  duties as render him ineligible for coverage
19        under the Social  Security  Act  by  reason  of  Sections
20        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
21             (10)  The  term "security employee of the Department
22        of Corrections" means any employee of the  Department  of
23        Corrections  or  the  former Department of Personnel, and
24        any member or employee of the Prisoner Review Board,  who
25        has  daily  contact  with  inmates  by  working  within a
26        correctional facility or who is a parole  officer  or  an
27        employee who has direct contact with committed persons in
28        the performance of his or her job duties.
29             (11)  The  term "dangerous drugs investigator" means
30        any person who is employed as such by the  Department  of
31        Human Services.
32             (12)  The  term  "investigator for the Department of
33        State Police" means a person employed by  the  Department
34        of  State  Police  who  is  vested under Section 4 of the
 
                            -10-               LRB9203749EGfg
 1        Narcotic Control Division Abolition  Act  with  such  law
 2        enforcement  powers 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             (13)  "Investigator  for  the Office of the Attorney
 6        General" means any person who is employed as such by  the
 7        Office  of  the  Attorney General and is vested with such
 8        investigative  duties  as  render  him   ineligible   for
 9        coverage  under  the  Social  Security  Act  by reason of
10        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
11        Act.  For the period before January  1,  1989,  the  term
12        includes  all  persons who were employed as investigators
13        by the Office of the Attorney General, without regard  to
14        social security status.
15             (14)  "Controlled  substance  inspector"  means  any
16        person  who  is  employed  as  such  by the Department of
17        Professional Regulation  and  is  vested  with  such  law
18        enforcement  duties as render him ineligible for coverage
19        under the Social  Security  Act  by  reason  of  Sections
20        218(d)(5)(A),  218(d)(8)(D)  and  218(l)(1)  of that Act.
21        The term "controlled substance  inspector"  includes  the
22        Program   Executive  of  Enforcement  and  the  Assistant
23        Program Executive of Enforcement.
24             (15)  The term "investigator for the Office  of  the
25        State's  Attorneys  Appellate  Prosecutor" means a person
26        employed in that capacity on a full time basis under  the
27        authority  of  Section  7.06  of  the  State's  Attorneys
28        Appellate Prosecutor's Act.
29             (16)  "Commerce Commission police officer" means any
30        person  employed  by the Illinois Commerce Commission who
31        is vested with such law enforcement duties as render  him
32        ineligible  for coverage under the Social Security Act by
33        reason  of  Sections  218(d)(5)(A),   218(d)(8)(D),   and
34        218(l)(1) of that Act.
 
                            -11-               LRB9203749EGfg
 1             (17)  "Arson  investigator"  means any person who is
 2        employed as such by the Office of the State Fire  Marshal
 3        and  is vested with such law enforcement duties as render
 4        the person  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.   A  person  who
 7        was  employed as an arson investigator on January 1, 1995
 8        and is no longer in  service  but  not  yet  receiving  a
 9        retirement  annuity  may  convert  his  or her creditable
10        service for employment  as  an  arson  investigator  into
11        eligible  creditable  service by paying to the System the
12        difference between the  employee  contributions  actually
13        paid  for  that  service  and the amounts that would have
14        been contributed if the applicant  were  contributing  at
15        the  rate  applicable  to  persons  with  the same social
16        security status earning eligible  creditable  service  on
17        the date of application.
18             (18)  The  term  "State  highway maintenance worker"
19        means a person who is either of the following:
20                  (i)  A person employed on a full-time basis  by
21             the  Illinois  Department  of  Transportation in the
22             position of highway maintainer, highway  maintenance
23             lead  worker,  highway maintenance lead/lead worker,
24             heavy construction equipment operator, power  shovel
25             operator,  or  bridge  mechanic; and whose principal
26             responsibility is to perform, on  the  roadway,  the
27             actual  maintenance  necessary  to keep the highways
28             that form a part of  the  State  highway  system  in
29             serviceable condition for vehicular traffic.
30                  (ii)  A person employed on a full-time basis by
31             the  Illinois  State  Toll  Highway Authority in the
32             position   of   equipment   operator/laborer    H-4,
33             equipment    operator/laborer    H-6,  welder   H-4,
34             welder      H-6,     mechanical/electrical      H-4,
 
                            -12-               LRB9203749EGfg
 1             mechanical/electrical    H-6,    water/sewer    H-4,
 2             water/sewer   H-6,   sign   maker/hanger  H-4,  sign
 3             maker/hanger  H-6,  roadway  lighting  H-4,  roadway
 4             lighting  H-6,  structural  H-4,   structural   H-6,
 5             painter  H-4,  or  painter  H-6; and whose principal
 6             responsibility is to perform, on  the  roadway,  the
 7             actual maintenance necessary to keep the Authority's
 8             tollways  in  serviceable  condition  for  vehicular
 9             traffic.
10        (d)  A   security   employee   of   the   Department   of
11    Corrections,  and  a  security  employee of the Department of
12    Human Services who is not a  mental  health  police  officer,
13    shall  not be eligible for the alternative retirement annuity
14    provided by this Section unless he or she meets the following
15    minimum  age  and  service  requirements  at  the   time   of
16    retirement:
17             (i)  25 years of eligible creditable service and age
18        55; or
19             (ii)  beginning   January   1,  1987,  25  years  of
20        eligible creditable service and age 54, or  24  years  of
21        eligible creditable service and age 55; or
22             (iii)  beginning   January  1,  1988,  25  years  of
23        eligible creditable service and age 53, or  23  years  of
24        eligible creditable service and age 55; or
25             (iv)  beginning   January   1,  1989,  25  years  of
26        eligible creditable service and age 52, or  22  years  of
27        eligible creditable service and age 55; or
28             (v)  beginning January 1, 1990, 25 years of eligible
29        creditable  service  and  age 51, or 21 years of eligible
30        creditable service and age 55; or
31             (vi)  beginning  January  1,  1991,  25   years   of
32        eligible  creditable  service  and age 50, or 20 years of
33        eligible creditable service and age 55.
34        Persons who have service credit under Article 16 of  this
 
                            -13-               LRB9203749EGfg
 1    Code  for service as a security employee of the Department of
 2    Corrections  in  a  position  requiring  certification  as  a
 3    teacher may count  such  service  toward  establishing  their
 4    eligibility  under  the service requirements of this Section;
 5    but such service may  be  used  only  for  establishing  such
 6    eligibility,  and  not  for  the  purpose  of  increasing  or
 7    calculating any benefit.
 8        (e)  If a member enters military service while working in
 9    a  position  in  which  eligible  creditable  service  may be
10    earned, and returns to State service in the same  or  another
11    such  position,  and  fulfills  in  all  other  respects  the
12    conditions prescribed in this Article for credit for military
13    service,  such military service shall be credited as eligible
14    creditable service for the purposes of the retirement annuity
15    prescribed in this Section.
16        (f)  For purposes  of  calculating  retirement  annuities
17    under   this  Section,  periods  of  service  rendered  after
18    December 31, 1968 and before October 1,  1975  as  a  covered
19    employee  in  the  position  of  special  agent, conservation
20    police officer, mental health police officer, or investigator
21    for the Secretary of State, shall  be  deemed  to  have  been
22    service  as a noncovered employee, provided that the employee
23    pays to the System prior to retirement an amount equal to (1)
24    the difference between the employee contributions that  would
25    have been required for such service as a noncovered employee,
26    and  the amount of employee contributions actually paid, plus
27    (2) if payment is made after July 31, 1987, regular  interest
28    on  the amount specified in item (1) from the date of service
29    to the date of payment.
30        For purposes of calculating  retirement  annuities  under
31    this  Section, periods of service rendered after December 31,
32    1968 and before January 1, 1982 as a covered employee in  the
33    position  of investigator for the Department of Revenue shall
34    be deemed to have been  service  as  a  noncovered  employee,
 
                            -14-               LRB9203749EGfg
 1    provided  that  the  employee  pays  to  the  System prior to
 2    retirement an amount equal to (1) the difference between  the
 3    employee contributions that would have been required for such
 4    service  as a noncovered employee, and the amount of employee
 5    contributions actually paid, plus  (2)  if  payment  is  made
 6    after  January  1,  1990,  regular  interest  on  the  amount
 7    specified in item (1) from the date of service to the date of
 8    payment.
 9        (g)  A  State policeman may elect, not later than January
10    1, 1990, to establish eligible creditable service for  up  to
11    10  years  of  his service as a policeman under Article 3, by
12    filing a written election  with  the  Board,  accompanied  by
13    payment  of an amount to be determined by the Board, equal to
14    (i)  the  difference  between  the  amount  of  employee  and
15    employer  contributions  transferred  to  the  System   under
16    Section  3-110.5,  and  the  amounts  that  would  have  been
17    contributed  had  such  contributions  been made at the rates
18    applicable to State policemen, plus (ii) interest thereon  at
19    the  effective  rate for each year, compounded annually, from
20    the date of service to the date of payment.
21        Subject to the limitation  in  subsection  (i),  a  State
22    policeman  may  elect,  not  later  than  July  1,  1993,  to
23    establish  eligible  creditable service for up to 10 years of
24    his service as a member of the County Police Department under
25    Article 9, by filing  a  written  election  with  the  Board,
26    accompanied  by  payment of an amount to be determined by the
27    Board, equal to (i) the  difference  between  the  amount  of
28    employee and employer contributions transferred to the System
29    under  Section  9-121.10 and the amounts that would have been
30    contributed had those 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        (h)  Subject to the limitation in subsection (i), a State
 
                            -15-               LRB9203749EGfg
 1    policeman  or  investigator  for  the  Secretary of State may
 2    elect to establish eligible creditable service for up  to  12
 3    years  of  his  service  as  a  policeman under Article 5, by
 4    filing a written election with the Board on or before January
 5    31, 1992, and paying to the System by  January  31,  1994  an
 6    amount  to  be  determined  by  the  Board,  equal to (i) the
 7    difference  between  the  amount  of  employee  and  employer
 8    contributions transferred to the System under Section  5-236,
 9    and  the  amounts  that  would have been contributed had such
10    contributions been made at  the  rates  applicable  to  State
11    policemen,  plus  (ii) interest thereon at the effective rate
12    for each year, compounded annually, from the date of  service
13    to the date of payment.
14        Subject  to  the  limitation  in  subsection (i), a State
15    policeman, conservation police officer, or  investigator  for
16    the  Secretary  of  State  may  elect  to  establish eligible
17    creditable service for  up  to  10  years  of  service  as  a
18    sheriff's law enforcement employee under Article 7, by filing
19    a  written  election  with the Board on or before January 31,
20    1993, and paying to the System by January 31, 1994 an  amount
21    to  be  determined  by the Board, equal to (i) the difference
22    between the amount of  employee  and  employer  contributions
23    transferred  to  the  System  under  Section 7-139.7, and the
24    amounts  that  would   have   been   contributed   had   such
25    contributions  been  made  at  the  rates applicable to State
26    policemen, plus (ii) interest thereon at the  effective  rate
27    for  each year, compounded annually, from the date of service
28    to the date of payment.
29        (i)  The total  amount  of  eligible  creditable  service
30    established  by  any  person under subsections (g), (h), (j),
31    (k), and (l) of this Section shall not exceed 12 years.
32        (j)  Subject to the  limitation  in  subsection  (i),  an
33    investigator   for   the  Office  of  the  State's  Attorneys
34    Appellate Prosecutor or a controlled substance inspector  may
 
                            -16-               LRB9203749EGfg
 1    elect  to  establish eligible creditable service for up to 10
 2    years of his service as a policeman  under  Article  3  or  a
 3    sheriff's law enforcement employee under Article 7, by filing
 4    a  written election with the Board, accompanied by payment of
 5    an amount to be determined by the Board,  equal  to  (1)  the
 6    difference  between  the  amount  of  employee  and  employer
 7    contributions transferred to the System under Section 3-110.6
 8    or  7-139.8, and the amounts that would have been contributed
 9    had such contributions been made at the rates  applicable  to
10    State  policemen,  plus (2) interest thereon at the effective
11    rate for each year, compounded annually,  from  the  date  of
12    service to the date of payment.
13        (k)  Subject  to the limitation in subsection (i) of this
14    Section,  an  alternative  formula  employee  may  elect   to
15    establish  eligible creditable service for periods spent as a
16    full-time law enforcement officer  or  full-time  corrections
17    officer  employed  by the federal government or by a state or
18    local government  located  outside  of  Illinois,  for  which
19    credit  is not held in any other public employee pension fund
20    or retirement system.  To obtain this credit,  the  applicant
21    must  file  a written application with the Board by March 31,
22    1998, accompanied by evidence of  eligibility  acceptable  to
23    the  Board  and  payment of an amount to be determined by the
24    Board, equal to (1) employee  contributions  for  the  credit
25    being  established,  based upon the applicant's salary on the
26    first day  as  an  alternative  formula  employee  after  the
27    employment  for  which  credit  is  being established and the
28    rates then applicable to alternative formula employees,  plus
29    (2)  an  amount  determined by the Board to be the employer's
30    normal cost of the benefits  accrued  for  the  credit  being
31    established,  plus  (3)  regular  interest  on the amounts in
32    items (1) and (2)  from  the  first  day  as  an  alternative
33    formula  employee  after  the  employment for which credit is
34    being established to the date of payment.
 
                            -17-               LRB9203749EGfg
 1        (l)  Subject to  the  limitation  in  subsection  (i),  a
 2    security employee of the Department of Corrections may elect,
 3    not later than July 1, 1998, to establish eligible creditable
 4    service  for  up  to  10  years  of  his  or her service as a
 5    policeman under Article 3, by filing a written election  with
 6    the  Board,  accompanied  by  payment  of  an  amount  to  be
 7    determined  by the Board, equal to (i) the difference between
 8    the amount of employee and employer contributions transferred
 9    to the System under Section 3-110.5,  and  the  amounts  that
10    would  have been contributed had such contributions been made
11    at  the  rates  applicable  to  security  employees  of   the
12    Department  of Corrections, plus (ii) interest thereon at the
13    effective rate for each year, compounded annually,  from  the
14    date of service to the date of payment.
15    (Source: P.A.  90-32,  eff.  6-27-97;  91-357,  eff. 7-29-99;
16    91-760, eff. 1-1-01.)

17        Section 99. Effective date.  This Act takes  effect  upon
18    becoming law.

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