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[ Senate Amendment 001 ] |
92_SB0268 LRB9204400EGfg 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 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 Alternative retirement annuity. 8 (a) Any member who has withdrawn from service with not 9 less than 20 years of eligible creditable service and has 10 attained age 55, and any member who has withdrawn from 11 service with not less than 25 years of eligible creditable 12 service and has attained age 50, regardless of whether the 13 attainment of either of the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 -2- LRB9204400EGfg 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) State tollway worker. 34 A person employed in one of the positions specified in -3- LRB9204400EGfg 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, the Division of 34 Operations, or any other Division or organizational -4- LRB9204400EGfg 1 entity in the Department of State Police is vested by law 2 with duties to maintain public order, investigate 3 violations of the criminal law of this State, enforce the 4 laws of this State, make arrests and recover property. 5 The term "special agent" includes any title or position 6 in the Department of State Police that is held by an 7 individual employed under the State Police 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 -5- LRB9204400EGfg 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 -6- LRB9204400EGfg 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 -7- LRB9204400EGfg 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 "State tollway worker" means a person 23 who is employed on a full-time basis by the Illinois 24 State Toll Highway Authority. 25 (d) A security employee of the Department of 26 Corrections, and a security employee of the Department of 27 Human Services who is not a mental health police officer, 28 shall not be eligible for the alternative retirement annuity 29 provided by this Section unless he or she meets the following 30 minimum age and service requirements at the time of 31 retirement: 32 (i) 25 years of eligible creditable service and age 33 55; or 34 (ii) beginning January 1, 1987, 25 years of -8- LRB9204400EGfg 1 eligible creditable service and age 54, or 24 years of 2 eligible creditable service and age 55; or 3 (iii) beginning January 1, 1988, 25 years of 4 eligible creditable service and age 53, or 23 years of 5 eligible creditable service and age 55; or 6 (iv) beginning January 1, 1989, 25 years of 7 eligible creditable service and age 52, or 22 years of 8 eligible creditable service and age 55; or 9 (v) beginning January 1, 1990, 25 years of eligible 10 creditable service and age 51, or 21 years of eligible 11 creditable service and age 55; or 12 (vi) beginning January 1, 1991, 25 years of 13 eligible creditable service and age 50, or 20 years of 14 eligible creditable service and age 55. 15 Persons who have service credit under Article 16 of this 16 Code for service as a security employee of the Department of 17 Corrections in a position requiring certification as a 18 teacher may count such service toward establishing their 19 eligibility under the service requirements of this Section; 20 but such service may be used only for establishing such 21 eligibility, and not for the purpose of increasing or 22 calculating any benefit. 23 (e) If a member enters military service while working in 24 a position in which eligible creditable service may be 25 earned, and returns to State service in the same or another 26 such position, and fulfills in all other respects the 27 conditions prescribed in this Article for credit for military 28 service, such military service shall be credited as eligible 29 creditable service for the purposes of the retirement annuity 30 prescribed in this Section. 31 (f) For purposes of calculating retirement annuities 32 under this Section, periods of service rendered after 33 December 31, 1968 and before October 1, 1975 as a covered 34 employee in the position of special agent, conservation -9- LRB9204400EGfg 1 police officer, mental health police officer, or investigator 2 for the Secretary of State, shall be deemed to have been 3 service as a noncovered employee, provided that the employee 4 pays to the System prior to retirement an amount equal to (1) 5 the difference between the employee contributions that would 6 have been required for such service as a noncovered employee, 7 and the amount of employee contributions actually paid, plus 8 (2) if payment is made after July 31, 1987, regular interest 9 on the amount specified in item (1) from the date of service 10 to the date of payment. 11 For purposes of calculating retirement annuities under 12 this Section, periods of service rendered after December 31, 13 1968 and before January 1, 1982 as a covered employee in the 14 position of investigator for the Department of Revenue shall 15 be deemed to have been service as a noncovered employee, 16 provided that the employee pays to the System prior to 17 retirement an amount equal to (1) the difference between the 18 employee contributions that would have been required for such 19 service as a noncovered employee, and the amount of employee 20 contributions actually paid, plus (2) if payment is made 21 after January 1, 1990, regular interest on the amount 22 specified in item (1) from the date of service to the date of 23 payment. 24 (g) A State policeman may elect, not later than January 25 1, 1990, to establish eligible creditable service for up to 26 10 years of his service as a policeman under Article 3, by 27 filing a written election with the Board, accompanied by 28 payment of an amount to be determined by the Board, equal to 29 (i) the difference between the amount of employee and 30 employer contributions transferred to the System under 31 Section 3-110.5, and the amounts that would have been 32 contributed had such contributions been made at the rates 33 applicable to State policemen, plus (ii) interest thereon at 34 the effective rate for each year, compounded annually, from -10- LRB9204400EGfg 1 the date of service to the date of payment. 2 Subject to the limitation in subsection (i), a State 3 policeman may elect, not later than July 1, 1993, to 4 establish eligible creditable service for up to 10 years of 5 his service as a member of the County Police Department under 6 Article 9, by filing a written election with the Board, 7 accompanied by payment of an amount to be determined by the 8 Board, equal to (i) the difference between the amount of 9 employee and employer contributions transferred to the System 10 under Section 9-121.10 and the amounts that would have been 11 contributed had those contributions been made at the rates 12 applicable to State policemen, plus (ii) interest thereon at 13 the effective rate for each year, compounded annually, from 14 the date of service to the date of payment. 15 (h) Subject to the limitation in subsection (i), a State 16 policeman or investigator for the Secretary of State may 17 elect to establish eligible creditable service for up to 12 18 years of his service as a policeman under Article 5, by 19 filing a written election with the Board on or before January 20 31, 1992, and paying to the System by January 31, 1994 an 21 amount to be determined by the Board, equal to (i) the 22 difference between the amount of employee and employer 23 contributions transferred to the System under Section 5-236, 24 and the 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 Subject to the limitation in subsection (i), a State 30 policeman, conservation police officer, or investigator for 31 the Secretary of State may elect to establish eligible 32 creditable service for up to 10 years of service as a 33 sheriff's law enforcement employee under Article 7, by filing 34 a written election with the Board on or before January 31, -11- LRB9204400EGfg 1 1993, and paying to the System by January 31, 1994 an amount 2 to be determined by the Board, equal to (i) the difference 3 between the amount of employee and employer contributions 4 transferred to the System under Section 7-139.7, and the 5 amounts that would have been contributed had such 6 contributions been made at the rates applicable to State 7 policemen, plus (ii) interest thereon at the effective rate 8 for each year, compounded annually, from the date of service 9 to the date of payment. 10 (i) The total amount of eligible creditable service 11 established by any person under subsections (g), (h), (j), 12 (k), and (l) of this Section shall not exceed 12 years. 13 (j) Subject to the limitation in subsection (i), an 14 investigator for the Office of the State's Attorneys 15 Appellate Prosecutor or a controlled substance inspector may 16 elect to establish eligible creditable service for up to 10 17 years of his service as a policeman under Article 3 or a 18 sheriff's law enforcement employee under Article 7, by filing 19 a written election with the Board, accompanied by payment of 20 an amount to be determined by the Board, equal to (1) the 21 difference between the amount of employee and employer 22 contributions transferred to the System under Section 3-110.6 23 or 7-139.8, and the amounts that would have been contributed 24 had such contributions been made at the rates applicable to 25 State policemen, plus (2) interest thereon at the effective 26 rate for each year, compounded annually, from the date of 27 service to the date of payment. 28 (k) Subject to the limitation in subsection (i) of this 29 Section, an alternative formula employee may elect to 30 establish eligible creditable service for periods spent as a 31 full-time law enforcement officer or full-time corrections 32 officer employed by the federal government or by a state or 33 local government located outside of Illinois, for which 34 credit is not held in any other public employee pension fund -12- LRB9204400EGfg 1 or retirement system. To obtain this credit, the applicant 2 must file a written application with the Board by March 31, 3 1998, accompanied by evidence of eligibility acceptable to 4 the Board and payment of an amount to be determined by the 5 Board, equal to (1) employee contributions for the credit 6 being established, based upon the applicant's salary on the 7 first day as an alternative formula employee after the 8 employment for which credit is being established and the 9 rates then applicable to alternative formula employees, plus 10 (2) an amount determined by the Board to be the employer's 11 normal cost of the benefits accrued for the credit being 12 established, plus (3) regular interest on the amounts in 13 items (1) and (2) from the first day as an alternative 14 formula employee after the employment for which credit is 15 being established to the date of payment. 16 (l) Subject to the limitation in subsection (i), a 17 security employee of the Department of Corrections may elect, 18 not later than July 1, 1998, to establish eligible creditable 19 service for up to 10 years of his or her service as a 20 policeman under Article 3, by filing a written election with 21 the Board, accompanied by payment of an amount to be 22 determined by the Board, equal to (i) the difference between 23 the amount of employee and employer contributions transferred 24 to the System under Section 3-110.5, and the amounts that 25 would have been contributed had such contributions been made 26 at the rates applicable to security employees of the 27 Department of Corrections, plus (ii) interest thereon at the 28 effective rate for each year, compounded annually, from the 29 date of service to the date of payment. 30 (Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99; 31 91-760, eff. 1-1-01.) 32 Section 99. Effective date. This Act takes effect upon 33 becoming law.