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Public Act 102-0956 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by | ||||
changing Sections 1-160, 14-110, and 14-152.1 as follows:
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(40 ILCS 5/1-160)
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Sec. 1-160. Provisions applicable to new hires. | ||||
(a) The provisions of this Section apply to a person who, | ||||
on or after January 1, 2011, first becomes a member or a | ||||
participant under any reciprocal retirement system or pension | ||||
fund established under this Code, other than a retirement | ||||
system or pension fund established under Article 2, 3, 4, 5, 6, | ||||
7, 15, or 18 of this Code, notwithstanding any other provision | ||||
of this Code to the contrary, but do not apply to any | ||||
self-managed plan established under this Code or to any | ||||
participant of the retirement plan established under Section | ||||
22-101; except that this Section applies to a person who | ||||
elected to establish alternative credits by electing in | ||||
writing after January 1, 2011, but before August 8, 2011, | ||||
under Section 7-145.1 of this Code. Notwithstanding anything | ||||
to the contrary in this Section, for purposes of this Section, | ||||
a person who is a Tier 1 regular employee as defined in Section | ||||
7-109.4 of this Code or who participated in a retirement |
system under Article 15 prior to January 1, 2011 shall be | ||
deemed a person who first became a member or participant prior | ||
to January 1, 2011 under any retirement system or pension fund | ||
subject to this Section. The changes made to this Section by | ||
Public Act 98-596 are a clarification of existing law and are | ||
intended to be retroactive to January 1, 2011 (the effective | ||
date of Public Act 96-889), notwithstanding the provisions of | ||
Section 1-103.1 of this Code. | ||
This Section does not apply to a person who first becomes a | ||
noncovered employee under Article 14 on or after the | ||
implementation date of the plan created under Section 1-161 | ||
for that Article, unless that person elects under subsection | ||
(b) of Section 1-161 to instead receive the benefits provided | ||
under this Section and the applicable provisions of that | ||
Article. | ||
This Section does not apply to a person who first becomes a | ||
member or participant under Article 16 on or after the | ||
implementation date of the plan created under Section 1-161 | ||
for that Article, unless that person elects under subsection | ||
(b) of Section 1-161 to instead receive the benefits provided | ||
under this Section and the applicable provisions of that | ||
Article. | ||
This Section does not apply to a person who elects under | ||
subsection (c-5) of Section 1-161 to receive the benefits | ||
under Section 1-161. | ||
This Section does not apply to a person who first becomes a |
member or participant of an affected pension fund on or after 6 | ||
months after the resolution or ordinance date, as defined in | ||
Section 1-162, unless that person elects under subsection (c) | ||
of Section 1-162 to receive the benefits provided under this | ||
Section and the applicable provisions of the Article under | ||
which he or she is a member or participant. | ||
(b) "Final average salary" means, except as otherwise | ||
provided in this subsection, the average monthly (or annual) | ||
salary obtained by dividing the total salary or earnings | ||
calculated under the Article applicable to the member or | ||
participant during the 96 consecutive months (or 8 consecutive | ||
years) of service within the last 120 months (or 10 years) of | ||
service in which the total salary or earnings calculated under | ||
the applicable Article was the highest by the number of months | ||
(or years) of service in that period. For the purposes of a | ||
person who first becomes a member or participant of any | ||
retirement system or pension fund to which this Section | ||
applies on or after January 1, 2011, in this Code, "final | ||
average salary" shall be substituted for the following: | ||
(1) (Blank). | ||
(2) In Articles 8, 9, 10, 11, and 12, "highest average | ||
annual salary for any 4 consecutive years within the last | ||
10 years of service immediately preceding the date of | ||
withdrawal". | ||
(3) In Article 13, "average final salary". | ||
(4) In Article 14, "final average compensation". |
(5) In Article 17, "average salary". | ||
(6) In Section 22-207, "wages or salary received by | ||
him at the date of retirement or discharge". | ||
A member of the Teachers' Retirement System of the State | ||
of Illinois who retires on or after June 1, 2021 and for whom | ||
the 2020-2021 school year is used in the calculation of the | ||
member's final average salary shall use the higher of the | ||
following for the purpose of determining the member's final | ||
average salary: | ||
(A) the amount otherwise calculated under the first | ||
paragraph of this subsection; or | ||
(B) an amount calculated by the Teachers' Retirement | ||
System of the State of Illinois using the average of the | ||
monthly (or annual) salary obtained by dividing the total | ||
salary or earnings calculated under Article 16 applicable | ||
to the member or participant during the 96 months (or 8 | ||
years) of service within the last 120 months (or 10 years) | ||
of service in which the total salary or earnings | ||
calculated under the Article was the highest by the number | ||
of months (or years) of service in that period. | ||
(b-5) Beginning on January 1, 2011, for all purposes under | ||
this Code (including without limitation the calculation of | ||
benefits and employee contributions), the annual earnings, | ||
salary, or wages (based on the plan year) of a member or | ||
participant to whom this Section applies shall not exceed | ||
$106,800; however, that amount shall annually thereafter be |
increased by the lesser of (i) 3% of that amount, including all | ||
previous adjustments, or (ii) one-half the annual unadjusted | ||
percentage increase (but not less than zero) in the consumer | ||
price index-u
for the 12 months ending with the September | ||
preceding each November 1, including all previous adjustments. | ||
For the purposes of this Section, "consumer price index-u" | ||
means
the index published by the Bureau of Labor Statistics of | ||
the United States
Department of Labor that measures the | ||
average change in prices of goods and
services purchased by | ||
all urban consumers, United States city average, all
items, | ||
1982-84 = 100. The new amount resulting from each annual | ||
adjustment
shall be determined by the Public Pension Division | ||
of the Department of Insurance and made available to the | ||
boards of the retirement systems and pension funds by November | ||
1 of each year. | ||
(c) A member or participant is entitled to a retirement
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annuity upon written application if he or she has attained age | ||
67 (age 65, with respect to service under Article 12 that is | ||
subject to this Section, for a member or participant under | ||
Article 12 who first becomes a member or participant under | ||
Article 12 on or after January 1, 2022 or who makes the | ||
election under item (i) of subsection (d-15) of this Section) | ||
and has at least 10 years of service credit and is otherwise | ||
eligible under the requirements of the applicable Article. | ||
A member or participant who has attained age 62 (age 60, | ||
with respect to service under Article 12 that is subject to |
this Section, for a member or participant under Article 12 who | ||
first becomes a member or participant under Article 12 on or | ||
after January 1, 2022 or who makes the election under item (i) | ||
of subsection (d-15) of this Section) and has at least 10 years | ||
of service credit and is otherwise eligible under the | ||
requirements of the applicable Article may elect to receive | ||
the lower retirement annuity provided
in subsection (d) of | ||
this Section. | ||
(c-5) A person who first becomes a member or a participant | ||
subject to this Section on or after July 6, 2017 (the effective | ||
date of Public Act 100-23), notwithstanding any other | ||
provision of this Code to the contrary, is entitled to a | ||
retirement annuity under Article 8 or Article 11 upon written | ||
application if he or she has attained age 65 and has at least | ||
10 years of service credit and is otherwise eligible under the | ||
requirements of Article 8 or Article 11 of this Code, | ||
whichever is applicable. | ||
(d) The retirement annuity of a member or participant who | ||
is retiring after attaining age 62 (age 60, with respect to | ||
service under Article 12 that is subject to this Section, for a | ||
member or participant under Article 12 who first becomes a | ||
member or participant under Article 12 on or after January 1, | ||
2022 or who makes the election under item (i) of subsection | ||
(d-15) of this Section) with at least 10 years of service | ||
credit shall be reduced by one-half
of 1% for each full month | ||
that the member's age is under age 67 (age 65, with respect to |
service under Article 12 that is subject to this Section, for a | ||
member or participant under Article 12 who first becomes a | ||
member or participant under Article 12 on or after January 1, | ||
2022 or who makes the election under item (i) of subsection | ||
(d-15) of this Section). | ||
(d-5) The retirement annuity payable under Article 8 or | ||
Article 11 to an eligible person subject to subsection (c-5) | ||
of this Section who is retiring at age 60 with at least 10 | ||
years of service credit shall be reduced by one-half of 1% for | ||
each full month that the member's age is under age 65. | ||
(d-10) Each person who first became a member or | ||
participant under Article 8 or Article 11 of this Code on or | ||
after January 1, 2011 and prior to July 6, 2017 ( the effective | ||
date of Public Act 100-23) this amendatory Act of the 100th | ||
General Assembly shall make an irrevocable election either: | ||
(i) to be eligible for the reduced retirement age | ||
provided in subsections (c-5)
and (d-5) of this Section, | ||
the eligibility for which is conditioned upon the member | ||
or participant agreeing to the increases in employee | ||
contributions for age and service annuities provided in | ||
subsection (a-5) of Section 8-174 of this Code (for | ||
service under Article 8) or subsection (a-5) of Section | ||
11-170 of this Code (for service under Article 11); or | ||
(ii) to not agree to item (i) of this subsection | ||
(d-10), in which case the member or participant shall | ||
continue to be subject to the retirement age provisions in |
subsections (c) and (d) of this Section and the employee | ||
contributions for age and service annuity as provided in | ||
subsection (a) of Section 8-174 of this Code (for service | ||
under Article 8) or subsection (a) of Section 11-170 of | ||
this Code (for service under Article 11). | ||
The election provided for in this subsection shall be made | ||
between October 1, 2017 and November 15, 2017. A person | ||
subject to this subsection who makes the required election | ||
shall remain bound by that election. A person subject to this | ||
subsection who fails for any reason to make the required | ||
election within the time specified in this subsection shall be | ||
deemed to have made the election under item (ii). | ||
(d-15) Each person who first becomes a member or | ||
participant under Article 12 on or after January 1, 2011 and | ||
prior to January 1, 2022 shall make an irrevocable election | ||
either: | ||
(i) to be eligible for the reduced retirement age | ||
specified in subsections (c) and (d) of this Section, the | ||
eligibility for which is conditioned upon the member or | ||
participant agreeing to the increase in employee | ||
contributions for service annuities specified in | ||
subsection (b) of Section 12-150; or | ||
(ii) to not agree to item (i) of this subsection | ||
(d-15), in which case the member or participant shall not | ||
be eligible for the reduced retirement age specified in | ||
subsections (c) and (d) of this Section and shall not be |
subject to the increase in employee contributions for | ||
service annuities specified in subsection (b) of Section | ||
12-150. | ||
The election provided for in this subsection shall be made | ||
between January 1, 2022 and April 1, 2022. A person subject to | ||
this subsection who makes the required election shall remain | ||
bound by that election. A person subject to this subsection | ||
who fails for any reason to make the required election within | ||
the time specified in this subsection shall be deemed to have | ||
made the election under item (ii). | ||
(e) Any retirement annuity or supplemental annuity shall | ||
be subject to annual increases on the January 1 occurring | ||
either on or after the attainment of age 67 (age 65, with | ||
respect to service under Article 12 that is subject to this | ||
Section, for a member or participant under Article 12 who | ||
first becomes a member or participant under Article 12 on or | ||
after January 1, 2022 or who makes the election under item (i) | ||
of subsection (d-15); and beginning on July 6, 2017 ( the | ||
effective date of Public Act 100-23) this amendatory Act of | ||
the 100th General Assembly , age 65 with respect to service | ||
under Article 8 or Article 11 for eligible persons who: (i) are | ||
subject to subsection (c-5) of this Section; or (ii) made the | ||
election under item (i) of subsection (d-10) of this Section) | ||
or the first anniversary of the annuity start date, whichever | ||
is later. Each annual increase shall be calculated at 3% or | ||
one-half the annual unadjusted percentage increase (but not |
less than zero) in the consumer price index-u for the 12 months | ||
ending with the September preceding each November 1, whichever | ||
is less, of the originally granted retirement annuity. If the | ||
annual unadjusted percentage change in the consumer price | ||
index-u for the 12 months ending with the September preceding | ||
each November 1 is zero or there is a decrease, then the | ||
annuity shall not be increased. | ||
For the purposes of Section 1-103.1 of this Code, the | ||
changes made to this Section by Public Act 102-263 this | ||
amendatory Act of the 102nd General Assembly are applicable | ||
without regard to whether the employee was in active service | ||
on or after August 6, 2021 ( the effective date of Public Act | ||
102-263) this amendatory Act of the 102nd General Assembly . | ||
For the purposes of Section 1-103.1 of this Code, the | ||
changes made to this Section by Public Act 100-23 this | ||
amendatory Act of the 100th General Assembly are applicable | ||
without regard to whether the employee was in active service | ||
on or after July 6, 2017 ( the effective date of Public Act | ||
100-23) this amendatory Act of the 100th General Assembly . | ||
(f) The initial survivor's or widow's annuity of an | ||
otherwise eligible survivor or widow of a retired member or | ||
participant who first became a member or participant on or | ||
after January 1, 2011 shall be in the amount of 66 2/3% of the | ||
retired member's or participant's retirement annuity at the | ||
date of death. In the case of the death of a member or | ||
participant who has not retired and who first became a member |
or participant on or after January 1, 2011, eligibility for a | ||
survivor's or widow's annuity shall be determined by the | ||
applicable Article of this Code. The initial benefit shall be | ||
66 2/3% of the earned annuity without a reduction due to age. A | ||
child's annuity of an otherwise eligible child shall be in the | ||
amount prescribed under each Article if applicable. Any | ||
survivor's or widow's annuity shall be increased (1) on each | ||
January 1 occurring on or after the commencement of the | ||
annuity if
the deceased member died while receiving a | ||
retirement annuity or (2) in
other cases, on each January 1 | ||
occurring after the first anniversary
of the commencement of | ||
the annuity. Each annual increase shall be calculated at 3% or | ||
one-half the annual unadjusted percentage increase (but not | ||
less than zero) in the consumer price index-u for the 12 months | ||
ending with the September preceding each November 1, whichever | ||
is less, of the originally granted survivor's annuity. If the | ||
annual unadjusted percentage change in the consumer price | ||
index-u for the 12 months ending with the September preceding | ||
each November 1 is zero or there is a decrease, then the | ||
annuity shall not be increased. | ||
(g) The benefits in Section 14-110 apply only if the | ||
person is a State policeman, a fire fighter in the fire | ||
protection service of a department, a conservation police | ||
officer, an investigator for the Secretary of State, an | ||
investigator for the Office of the Attorney General, an arson | ||
investigator, a Commerce Commission police officer, |
investigator for the Department of Revenue or the
Illinois | ||
Gaming Board, a security employee of the Department of | ||
Corrections or the Department of Juvenile Justice, or a | ||
security employee of the Department of Innovation and | ||
Technology, as those terms are defined in subsection (b) and | ||
subsection (c) of Section 14-110. A person who meets the | ||
requirements of this Section is entitled to an annuity | ||
calculated under the provisions of Section 14-110, in lieu of | ||
the regular or minimum retirement annuity, only if the person | ||
has withdrawn from service with not less than 20
years of | ||
eligible creditable service and has attained age 60, | ||
regardless of whether
the attainment of age 60 occurs while | ||
the person is
still in service. | ||
(h) If a person who first becomes a member or a participant | ||
of a retirement system or pension fund subject to this Section | ||
on or after January 1, 2011 is receiving a retirement annuity | ||
or retirement pension under that system or fund and becomes a | ||
member or participant under any other system or fund created | ||
by this Code and is employed on a full-time basis, except for | ||
those members or participants exempted from the provisions of | ||
this Section under subsection (a) of this Section, then the | ||
person's retirement annuity or retirement pension under that | ||
system or fund shall be suspended during that employment. Upon | ||
termination of that employment, the person's retirement | ||
annuity or retirement pension payments shall resume and be | ||
recalculated if recalculation is provided for under the |
applicable Article of this Code. | ||
If a person who first becomes a member of a retirement | ||
system or pension fund subject to this Section on or after | ||
January 1, 2012 and is receiving a retirement annuity or | ||
retirement pension under that system or fund and accepts on a | ||
contractual basis a position to provide services to a | ||
governmental entity from which he or she has retired, then | ||
that person's annuity or retirement pension earned as an | ||
active employee of the employer shall be suspended during that | ||
contractual service. A person receiving an annuity or | ||
retirement pension under this Code shall notify the pension | ||
fund or retirement system from which he or she is receiving an | ||
annuity or retirement pension, as well as his or her | ||
contractual employer, of his or her retirement status before | ||
accepting contractual employment. A person who fails to submit | ||
such notification shall be guilty of a Class A misdemeanor and | ||
required to pay a fine of $1,000. Upon termination of that | ||
contractual employment, the person's retirement annuity or | ||
retirement pension payments shall resume and, if appropriate, | ||
be recalculated under the applicable provisions of this Code. | ||
(i) (Blank). | ||
(j) In the case of a conflict between the provisions of | ||
this Section and any other provision of this Code, the | ||
provisions of this Section shall control.
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(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | ||
102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
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(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
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Sec. 14-110. Alternative retirement annuity.
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(a) Any member who has withdrawn from service with not | ||
less than 20
years of eligible creditable service and has | ||
attained age 55, and any
member who has withdrawn from service | ||
with not less than 25 years of
eligible creditable service and | ||
has attained age 50, regardless of whether
the attainment of | ||
either of the specified ages occurs while the member is
still | ||
in service, shall be entitled to receive at the option of the | ||
member,
in lieu of the regular or minimum retirement annuity, | ||
a retirement annuity
computed as follows:
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(i) for periods of service as a noncovered employee:
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if retirement occurs on or after January 1, 2001, 3% of | ||
final
average compensation for each year of creditable | ||
service; if retirement occurs
before January 1, 2001, 2 | ||
1/4% of final average compensation for each of the
first | ||
10 years of creditable service, 2 1/2% for each year above | ||
10 years to
and including 20 years of creditable service, | ||
and 2 3/4% for each year of
creditable service above 20 | ||
years; and
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(ii) for periods of eligible creditable service as a | ||
covered employee:
if retirement occurs on or after January | ||
1, 2001, 2.5% of final average
compensation for each year | ||
of creditable service; if retirement occurs before
January | ||
1, 2001, 1.67% of final average compensation for each of |
the first
10 years of such service, 1.90% for each of the | ||
next 10 years of such service,
2.10% for each year of such | ||
service in excess of 20 but not exceeding 30, and
2.30% for | ||
each year in excess of 30.
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Such annuity shall be subject to a maximum of 75% of final | ||
average
compensation if retirement occurs before January 1, | ||
2001 or to a maximum
of 80% of final average compensation if | ||
retirement occurs on or after January
1, 2001.
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These rates shall not be applicable to any service | ||
performed
by a member as a covered employee which is not | ||
eligible creditable service.
Service as a covered employee | ||
which is not eligible creditable service
shall be subject to | ||
the rates and provisions of Section 14-108.
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(b) For the purpose of this Section, "eligible creditable | ||
service" means
creditable service resulting from service in | ||
one or more of the following
positions:
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(1) State policeman;
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(2) fire fighter in the fire protection service of a | ||
department;
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(3) air pilot;
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(4) special agent;
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(5) investigator for the Secretary of State;
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(6) conservation police officer;
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(7) investigator for the Department of Revenue or the | ||
Illinois Gaming Board;
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(8) security employee of the Department of Human |
Services;
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(9) Central Management Services security police | ||
officer;
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(10) security employee of the Department of | ||
Corrections or the Department of Juvenile Justice;
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(11) dangerous drugs investigator;
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(12) investigator for the Illinois State Police;
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(13) investigator for the Office of the Attorney | ||
General;
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(14) controlled substance inspector;
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(15) investigator for the Office of the State's | ||
Attorneys Appellate
Prosecutor;
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(16) Commerce Commission police officer;
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(17) arson investigator;
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(18) State highway maintenance worker;
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(19) security employee of the Department of Innovation | ||
and Technology; or | ||
(20) transferred employee. | ||
A person employed in one of the positions specified in | ||
this subsection is
entitled to eligible creditable service for | ||
service credit earned under this
Article while undergoing the | ||
basic police training course approved by the
Illinois Law | ||
Enforcement Training
Standards Board, if
completion of that | ||
training is required of persons serving in that position.
For | ||
the purposes of this Code, service during the required basic | ||
police
training course shall be deemed performance of the |
duties of the specified
position, even though the person is | ||
not a sworn peace officer at the time of
the training.
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A person under paragraph (20) is entitled to eligible | ||
creditable service for service credit earned under this | ||
Article on and after his or her transfer by Executive Order No. | ||
2003-10, Executive Order No. 2004-2, or Executive Order No. | ||
2016-1. | ||
(c) For the purposes of this Section:
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(1) The term "State policeman" includes any title or | ||
position
in the Illinois State Police that is held by an | ||
individual employed
under the Illinois State Police Act.
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(2) The term "fire fighter in the fire protection | ||
service of a
department" includes all officers in such | ||
fire protection service
including fire chiefs and | ||
assistant fire chiefs.
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(3) The term "air pilot" includes any employee whose | ||
official job
description on file in the Department of | ||
Central Management Services, or
in the department by which | ||
he is employed if that department is not covered
by the | ||
Personnel Code, states that his principal duty is the | ||
operation of
aircraft, and who possesses a pilot's | ||
license; however, the change in this
definition made by | ||
Public Act 83-842 this amendatory Act of 1983 shall not | ||
operate to exclude
any noncovered employee who was an "air | ||
pilot" for the purposes of this
Section on January 1, | ||
1984.
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(4) The term "special agent" means any person who by | ||
reason of
employment by the Division of Narcotic Control, | ||
the Bureau of Investigation
or, after July 1, 1977, the | ||
Division of Criminal Investigation, the
Division of | ||
Internal Investigation, the Division of Operations, the | ||
Division of Patrol Operations, or any
other Division or | ||
organizational
entity in the Illinois State Police is | ||
vested by law with duties to
maintain public order, | ||
investigate violations of the criminal law of this
State, | ||
enforce the laws of this State, make arrests and recover | ||
property.
The term "special agent" includes any title or | ||
position in the Illinois State Police that is held by an | ||
individual employed under the Illinois State
Police Act.
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(5) The term "investigator for the Secretary of State" | ||
means any person
employed by the Office of the Secretary | ||
of State and vested with such
investigative duties as | ||
render him ineligible for coverage under the Social
| ||
Security Act by reason of Sections 218(d)(5)(A), | ||
218(d)(8)(D) and 218(l)(1)
of that Act.
| ||
A person who became employed as an investigator for | ||
the Secretary of
State between January 1, 1967 and | ||
December 31, 1975, and who has served as
such until | ||
attainment of age 60, either continuously or with a single | ||
break
in service of not more than 3 years duration, which | ||
break terminated before
January 1, 1976, shall be entitled | ||
to have his retirement annuity
calculated in accordance |
with subsection (a), notwithstanding
that he has less than | ||
20 years of credit for such service.
| ||
(6) The term "Conservation Police Officer" means any | ||
person employed
by the Division of Law Enforcement of the | ||
Department of Natural Resources and
vested with such law | ||
enforcement duties as render him ineligible for coverage
| ||
under the Social Security Act by reason of Sections | ||
218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||
term "Conservation Police Officer" includes
the positions | ||
of Chief Conservation Police Administrator and Assistant
| ||
Conservation Police Administrator.
| ||
(7) The term "investigator for the Department of | ||
Revenue" means any
person employed by the Department of | ||
Revenue and vested with such
investigative duties as | ||
render him ineligible for coverage under the Social
| ||
Security Act by reason of Sections 218(d)(5)(A), | ||
218(d)(8)(D) and 218(l)(1)
of that Act.
| ||
The term "investigator for the Illinois Gaming Board" | ||
means any
person employed as such by the Illinois Gaming | ||
Board and vested with such
peace officer duties as render | ||
the person ineligible for coverage under the Social
| ||
Security Act by reason of Sections 218(d)(5)(A), | ||
218(d)(8)(D), and 218(l)(1)
of that Act.
| ||
(8) The term "security employee of the Department of | ||
Human Services"
means any person employed by the | ||
Department of Human Services who (i) is
employed at the |
Chester Mental Health Center and has daily contact with | ||
the
residents thereof, (ii) is employed within a security | ||
unit at a facility
operated by the Department and has | ||
daily contact with the residents of the
security unit, | ||
(iii) is employed at a facility operated by the Department
| ||
that includes a security unit and is regularly scheduled | ||
to work at least
50% of his or her working hours within | ||
that security unit, or (iv) is a mental health police | ||
officer.
"Mental health police officer" means any person | ||
employed by the Department of
Human Services in a position | ||
pertaining to the Department's mental health and
| ||
developmental disabilities functions who is vested with | ||
such law enforcement
duties as render the person | ||
ineligible for coverage under the Social Security
Act by | ||
reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||
218(l)(1) of that
Act. "Security unit" means that portion | ||
of a facility that is devoted to
the care, containment, | ||
and treatment of persons committed to the Department of
| ||
Human Services as sexually violent persons, persons unfit | ||
to stand trial, or
persons not guilty by reason of | ||
insanity. With respect to past employment,
references to | ||
the Department of Human Services include its predecessor, | ||
the
Department of Mental Health and Developmental | ||
Disabilities.
| ||
The changes made to this subdivision (c)(8) by Public | ||
Act 92-14 apply to persons who retire on or after January |
1,
2001, notwithstanding Section 1-103.1.
| ||
(9) "Central Management Services security police | ||
officer" means any
person employed by the Department of | ||
Central Management Services who is
vested with such law | ||
enforcement duties as render him ineligible for
coverage | ||
under the Social Security Act by reason of Sections | ||
218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||
(10) For a member who first became an employee under | ||
this Article before July 1, 2005, the term "security | ||
employee of the Department of Corrections or the | ||
Department of Juvenile Justice"
means any employee of the | ||
Department of Corrections or the Department of Juvenile | ||
Justice or the former
Department of Personnel, and any | ||
member or employee of the Prisoner
Review Board, who has | ||
daily contact with inmates or youth by working within a
| ||
correctional facility or Juvenile facility operated by the | ||
Department of Juvenile Justice or who is a parole officer | ||
or an employee who has
direct contact with committed | ||
persons in the performance of his or her
job duties. For a | ||
member who first becomes an employee under this Article on | ||
or after July 1, 2005, the term means an employee of the | ||
Department of Corrections or the Department of Juvenile | ||
Justice who is any of the following: (i) officially | ||
headquartered at a correctional facility or Juvenile | ||
facility operated by the Department of Juvenile Justice, | ||
(ii) a parole officer, (iii) a member of the apprehension |
unit, (iv) a member of the intelligence unit, (v) a member | ||
of the sort team, or (vi) an investigator.
| ||
(11) The term "dangerous drugs investigator" means any | ||
person who is
employed as such by the Department of Human | ||
Services.
| ||
(12) The term "investigator for the Illinois State | ||
Police" means
a person employed by the Illinois State | ||
Police who is vested under
Section 4 of the Narcotic | ||
Control Division Abolition Act with such
law enforcement | ||
powers as render him ineligible for coverage under the
| ||
Social Security Act by reason of Sections 218(d)(5)(A), | ||
218(d)(8)(D) and
218(l)(1) of that Act.
| ||
(13) "Investigator for the Office of the Attorney | ||
General" means any
person who is employed as such by the | ||
Office of the Attorney General and
is vested with such | ||
investigative duties as render him ineligible for
coverage | ||
under the Social Security Act by reason of Sections | ||
218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||
the period before January 1,
1989, the term includes all | ||
persons who were employed as investigators by the
Office | ||
of the Attorney General, without regard to social security | ||
status.
| ||
(14) "Controlled substance inspector" means any person | ||
who is employed
as such by the Department of Professional | ||
Regulation and is vested with such
law enforcement duties | ||
as render him ineligible for coverage under the Social
|
Security Act by reason of Sections 218(d)(5)(A), | ||
218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||
"controlled substance inspector" includes the Program
| ||
Executive of Enforcement and the Assistant Program | ||
Executive of Enforcement.
| ||
(15) The term "investigator for the Office of the | ||
State's Attorneys
Appellate Prosecutor" means a person | ||
employed in that capacity on a full-time full
time basis | ||
under the authority of Section 7.06 of the State's | ||
Attorneys
Appellate Prosecutor's Act.
| ||
(16) "Commerce Commission police officer" means any | ||
person employed
by the Illinois Commerce Commission who is | ||
vested with such law
enforcement duties as render him | ||
ineligible for coverage under the Social
Security Act by | ||
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||
218(l)(1) of that Act.
| ||
(17) "Arson investigator" means any person who is | ||
employed as such by
the Office of the State Fire Marshal | ||
and is vested with such law enforcement
duties as render | ||
the person ineligible for coverage under the Social | ||
Security
Act by reason of Sections 218(d)(5)(A), | ||
218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||
employed as an arson
investigator on January 1, 1995 and | ||
is no longer in service but not yet
receiving a retirement | ||
annuity may convert his or her creditable service for
| ||
employment as an arson investigator into eligible |
creditable service by paying
to the System the difference | ||
between the employee contributions actually paid
for that | ||
service and the amounts that would have been contributed | ||
if the
applicant were contributing at the rate applicable | ||
to persons with the same
social security status earning | ||
eligible creditable service on the date of
application.
| ||
(18) The term "State highway maintenance worker" means | ||
a person who is
either of the following:
| ||
(i) A person employed on a full-time basis by the | ||
Illinois
Department of Transportation in the position | ||
of
highway maintainer,
highway maintenance lead | ||
worker,
highway maintenance lead/lead worker,
heavy | ||
construction equipment operator,
power shovel | ||
operator, or
bridge mechanic; and
whose principal | ||
responsibility is to perform, on the roadway, the | ||
actual
maintenance necessary to keep the highways that | ||
form a part of the State
highway system in serviceable | ||
condition for vehicular traffic.
| ||
(ii) A person employed on a full-time basis by the | ||
Illinois
State Toll Highway Authority in the position | ||
of
equipment operator/laborer H-4,
equipment | ||
operator/laborer H-6,
welder H-4,
welder H-6,
| ||
mechanical/electrical H-4,
mechanical/electrical H-6,
| ||
water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||
H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||
roadway lighting H-6,
structural H-4,
structural H-6,
|
painter H-4, or
painter H-6; and
whose principal | ||
responsibility is to perform, on the roadway, the | ||
actual
maintenance necessary to keep the Authority's | ||
tollways in serviceable condition
for vehicular | ||
traffic.
| ||
(19) The term "security employee of the Department of | ||
Innovation and Technology" means a person who was a | ||
security employee of the Department of Corrections or the | ||
Department of Juvenile Justice, was transferred to the | ||
Department of Innovation and Technology pursuant to | ||
Executive Order 2016-01, and continues to perform similar | ||
job functions under that Department. | ||
(20) "Transferred employee" means an employee who was | ||
transferred to the Department of Central Management | ||
Services by Executive Order No. 2003-10 or Executive Order | ||
No. 2004-2 or transferred to the Department of Innovation | ||
and Technology by Executive Order No. 2016-1, or both, and | ||
was entitled to eligible creditable service for services | ||
immediately preceding the transfer. | ||
(d) A security employee of the Department of Corrections | ||
or the Department of Juvenile Justice, a security
employee of | ||
the Department of Human Services who is not a mental health | ||
police
officer, and a security employee of the Department of | ||
Innovation and Technology shall not be eligible for the | ||
alternative retirement annuity provided
by this Section unless | ||
he or she meets the following minimum age and service
|
requirements at the time of retirement:
| ||
(i) 25 years of eligible creditable service and age | ||
55; or
| ||
(ii) beginning January 1, 1987, 25 years of eligible | ||
creditable service
and age 54, or 24 years of eligible | ||
creditable service and age 55; or
| ||
(iii) beginning January 1, 1988, 25 years of eligible | ||
creditable service
and age 53, or 23 years of eligible | ||
creditable service and age 55; or
| ||
(iv) beginning January 1, 1989, 25 years of eligible | ||
creditable service
and age 52, or 22 years of eligible | ||
creditable service and age 55; or
| ||
(v) beginning January 1, 1990, 25 years of eligible | ||
creditable service
and age 51, or 21 years of eligible | ||
creditable service and age 55; or
| ||
(vi) beginning January 1, 1991, 25 years of eligible | ||
creditable service
and age 50, or 20 years of eligible | ||
creditable service and age 55.
| ||
Persons who have service credit under Article 16 of this | ||
Code for service
as a security employee of the Department of | ||
Corrections or the Department of Juvenile Justice, or the | ||
Department
of Human Services in a position requiring | ||
certification as a teacher may
count such service toward | ||
establishing their eligibility under the service
requirements | ||
of this Section; but such service may be used only for
| ||
establishing such eligibility, and not for the purpose of |
increasing or
calculating any benefit.
| ||
(e) If a member enters military service while working in a | ||
position in
which eligible creditable service may be earned, | ||
and returns to State
service in the same or another such | ||
position, and fulfills in all other
respects the conditions | ||
prescribed in this Article for credit for military
service, | ||
such military service shall be credited as eligible creditable
| ||
service for the purposes of the retirement annuity prescribed | ||
in this Section.
| ||
(f) For purposes of calculating retirement annuities under | ||
this
Section, periods of service rendered after December 31, | ||
1968 and before
October 1, 1975 as a covered employee in the | ||
position of special agent,
conservation police officer, mental | ||
health police officer, or investigator
for the Secretary of | ||
State, shall be deemed to have been service as a
noncovered | ||
employee, provided that the employee pays to the System prior | ||
to
retirement an amount equal to (1) the difference between | ||
the employee
contributions that would have been required for | ||
such service as a
noncovered employee, and the amount of | ||
employee contributions actually
paid, plus (2) if payment is | ||
made after July 31, 1987, regular interest
on the amount | ||
specified in item (1) from the date of service to the date
of | ||
payment.
| ||
For purposes of calculating retirement annuities under | ||
this Section,
periods of service rendered after December 31, | ||
1968 and before January 1,
1982 as a covered employee in the |
position of investigator for the
Department of Revenue shall | ||
be deemed to have been service as a noncovered
employee, | ||
provided that the employee pays to the System prior to | ||
retirement
an amount equal to (1) the difference between the | ||
employee contributions
that would have been required for such | ||
service as a noncovered employee,
and the amount of employee | ||
contributions actually paid, plus (2) if payment
is made after | ||
January 1, 1990, regular interest on the amount specified in
| ||
item (1) from the date of service to the date of payment.
| ||
(g) A State policeman may elect, not later than January 1, | ||
1990, to
establish eligible creditable service for up to 10 | ||
years of his service as
a policeman under Article 3, by filing | ||
a written election with the Board,
accompanied by payment of | ||
an amount to be determined by the Board, equal to
(i) the | ||
difference between the amount of employee and employer
| ||
contributions transferred to the System under Section 3-110.5, | ||
and the
amounts that would have been contributed had such | ||
contributions been made
at the rates applicable to State | ||
policemen, plus (ii) interest thereon at
the effective rate | ||
for each year, compounded annually, from the date of
service | ||
to the date of payment.
| ||
Subject to the limitation in subsection (i), a State | ||
policeman may elect,
not later than July 1, 1993, to establish | ||
eligible creditable service for
up to 10 years of his service | ||
as a member of the County Police Department
under Article 9, by | ||
filing a written election with the Board, accompanied
by |
payment of an amount to be determined by the Board, equal to | ||
(i) the
difference between the amount of employee and employer | ||
contributions
transferred to the System under Section 9-121.10 | ||
and the amounts that would
have been contributed had those | ||
contributions been made at the rates
applicable to State | ||
policemen, plus (ii) interest thereon at the effective
rate | ||
for each year, compounded annually, from the date of service | ||
to the
date of payment.
| ||
(h) Subject to the limitation in subsection (i), a State | ||
policeman or
investigator for the Secretary of State may elect | ||
to establish eligible
creditable service for up to 12 years of | ||
his service as a policeman under
Article 5, by filing a written | ||
election with the Board on or before January
31, 1992, and | ||
paying to the System by January 31, 1994 an amount to be
| ||
determined by the Board, equal to (i) the difference between | ||
the amount of
employee and employer contributions transferred | ||
to the System under Section
5-236, and the amounts that would | ||
have been contributed had such
contributions been made at the | ||
rates applicable to State policemen, plus
(ii) interest | ||
thereon at the effective rate for each year, compounded
| ||
annually, from the date of service to the date of payment.
| ||
Subject to the limitation in subsection (i), a State | ||
policeman,
conservation police officer, or investigator for | ||
the Secretary of State may
elect to establish eligible | ||
creditable service for up to 10 years of
service as a sheriff's | ||
law enforcement employee under Article 7, by filing
a written |
election with the Board on or before January 31, 1993, and | ||
paying
to the System by January 31, 1994 an amount to be | ||
determined by the Board,
equal to (i) the difference between | ||
the amount of employee and
employer contributions transferred | ||
to the System under Section
7-139.7, and the amounts that | ||
would have been contributed had such
contributions been made | ||
at the rates applicable to State policemen, plus
(ii) interest | ||
thereon at the effective rate for each year, compounded
| ||
annually, from the date of service to the date of payment.
| ||
Subject to the limitation in subsection (i), a State | ||
policeman,
conservation police officer, or investigator for | ||
the Secretary of State may
elect to establish eligible | ||
creditable service for up to 5 years of
service as a police | ||
officer under Article 3, a policeman under Article 5, a | ||
sheriff's law enforcement employee under Article 7, a member | ||
of the county police department under Article 9, or a police | ||
officer under Article 15 by filing
a written election with the | ||
Board and paying
to the System an amount to be determined by | ||
the Board,
equal to (i) the difference between the amount of | ||
employee and
employer contributions transferred to the System | ||
under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||
and the amounts that would have been contributed had such
| ||
contributions been made at the rates applicable to State | ||
policemen, plus
(ii) interest thereon at the effective rate | ||
for each year, compounded
annually, from the date of service | ||
to the date of payment. |
Subject to the limitation in subsection (i), an | ||
investigator for the Office of the Attorney General, or an | ||
investigator for the Department of Revenue, may elect to | ||
establish eligible creditable service for up to 5 years of | ||
service as a police officer under Article 3, a policeman under | ||
Article 5, a sheriff's law enforcement employee under Article | ||
7, or a member of the county police department under Article 9 | ||
by filing a written election with the Board within 6 months | ||
after August 25, 2009 (the effective date of Public Act | ||
96-745) and paying to the System an amount to be determined by | ||
the Board, equal to (i) the difference between the amount of | ||
employee and employer contributions transferred to the System | ||
under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||
amounts that would have been contributed had such | ||
contributions been made at the rates applicable to State | ||
policemen, plus (ii) interest thereon at the actuarially | ||
assumed rate for each year, compounded annually, from the date | ||
of service to the date of payment. | ||
Subject to the limitation in subsection (i), a State | ||
policeman, conservation police officer, investigator for the | ||
Office of the Attorney General, an investigator for the | ||
Department of Revenue, or investigator for the Secretary of | ||
State may elect to establish eligible creditable service for | ||
up to 5 years of service as a person employed by a | ||
participating municipality to perform police duties, or law | ||
enforcement officer employed on a full-time basis by a forest |
preserve district under Article 7, a county corrections | ||
officer, or a court services officer under Article 9, by | ||
filing a written election with the Board within 6 months after | ||
August 25, 2009 (the effective date of Public Act 96-745) and | ||
paying to the System an amount to be determined by the Board, | ||
equal to (i) the difference between the amount of employee and | ||
employer contributions transferred to the System under | ||
Sections 7-139.8 and 9-121.10 and the amounts that would have | ||
been contributed had such contributions been made at the rates | ||
applicable to State policemen, plus (ii) interest thereon at | ||
the actuarially assumed rate for each year, compounded | ||
annually, from the date of service to the date of payment. | ||
Subject to the limitation in subsection (i), a State | ||
policeman, arson
investigator, or Commerce Commission police | ||
officer may elect to establish eligible creditable service for | ||
up to 5 years of service as a person employed by a | ||
participating municipality to perform police duties under | ||
Article 7, a county corrections officer, a court services | ||
officer under Article 9, or a firefighter
under Article 4 by | ||
filing a written election with the Board within 6 months after | ||
July 30, 2021 ( the effective date of Public Act 102-210) this | ||
amendatory Act of the 102nd General Assembly and paying to the | ||
System an amount to be determined by the Board equal to (i) the | ||
difference between the amount of employee and employer | ||
contributions transferred to the System under Sections | ||
4-108.8, 7-139.8, and 9-121.10 and the amounts that would have |
been contributed had such contributions been made at the rates | ||
applicable to State policemen, plus (ii) interest thereon at | ||
the actuarially assumed rate for each year, compounded | ||
annually, from the date of service to the date of payment. | ||
Subject to the limitation in subsection (i), a | ||
conservation police officer may elect to establish eligible | ||
creditable service for up to 5 years of service as a person | ||
employed by a participating municipality to perform police | ||
duties under Article 7, a county corrections officer, or a | ||
court services officer under Article 9 by filing a written | ||
election with the Board within 6 months after July 30, 2021 | ||
( the effective date of Public Act 102-210) this amendatory Act | ||
of the 102nd General Assembly and paying to the System an | ||
amount to be determined by the Board equal to (i) the | ||
difference between the amount of employee and employer | ||
contributions transferred to the System under Sections 7-139.8 | ||
and 9-121.10 and the amounts that would have been contributed | ||
had such contributions been made at the rates applicable to | ||
State policemen, plus (ii) interest thereon at the actuarially | ||
assumed rate for each year, compounded annually, from the date | ||
of service to the date of payment. | ||
Notwithstanding the limitation in subsection (i), a State | ||
policeman or conservation police officer may elect to convert | ||
service credit earned under this Article to eligible | ||
creditable service, as defined by this Section, by filing a | ||
written election with the board within 6 months after July 30, |
2021 ( the effective date of Public Act 102-210) this | ||
amendatory Act of the 102nd General Assembly and paying to the | ||
System an amount to be determined by the Board equal to (i) the | ||
difference between the amount of employee contributions | ||
originally paid for that service and the amounts that would | ||
have been contributed had such contributions been made at the | ||
rates applicable to State policemen, plus (ii) the difference | ||
between the employer's normal cost of the credit prior to the | ||
conversion authorized by Public Act 102-210 this amendatory | ||
Act of the 102nd General Assembly and the employer's normal | ||
cost of the credit converted in accordance with Public Act | ||
102-210 this amendatory Act of the 102nd General Assembly , | ||
plus (iii) interest thereon at the actuarially assumed rate | ||
for each year, compounded annually, from the date of service | ||
to the date of payment. | ||
(i) The total amount of eligible creditable service | ||
established by any
person under subsections (g), (h), (j), | ||
(k), (l), (l-5), and (o) , and (p) of this
Section shall not | ||
exceed 12 years.
| ||
(j) Subject to the limitation in subsection (i), an | ||
investigator for
the Office of the State's Attorneys Appellate | ||
Prosecutor or a controlled
substance inspector may elect to
| ||
establish eligible creditable service for up to 10 years of | ||
his service as
a policeman under Article 3 or a sheriff's law | ||
enforcement employee under
Article 7, by filing a written | ||
election with the Board, accompanied by
payment of an amount |
to be determined by the Board, equal to (1) the
difference | ||
between the amount of employee and employer contributions
| ||
transferred to the System under Section 3-110.6 or 7-139.8, | ||
and the amounts
that would have been contributed had such | ||
contributions been made at the
rates applicable to State | ||
policemen, plus (2) interest thereon at the
effective rate for | ||
each year, compounded annually, from the date of service
to | ||
the date of payment.
| ||
(k) Subject to the limitation in subsection (i) of this | ||
Section, an
alternative formula employee may elect to | ||
establish eligible creditable
service for periods spent as a | ||
full-time law enforcement officer or full-time
corrections | ||
officer employed by the federal government or by a state or | ||
local
government located outside of Illinois, for which credit | ||
is not held in any
other public employee pension fund or | ||
retirement system. To obtain this
credit, the applicant must | ||
file a written application with the Board by March
31, 1998, | ||
accompanied by evidence of eligibility acceptable to the Board | ||
and
payment of an amount to be determined by the Board, equal | ||
to (1) employee
contributions for the credit being | ||
established, based upon the applicant's
salary on the first | ||
day as an alternative formula employee after the employment
| ||
for which credit is being established and the rates then | ||
applicable to
alternative formula employees, plus (2) an | ||
amount determined by the Board
to be the employer's normal | ||
cost of the benefits accrued for the credit being
established, |
plus (3) regular interest on the amounts in items (1) and (2) | ||
from
the first day as an alternative formula employee after | ||
the employment for which
credit is being established to the | ||
date of payment.
| ||
(l) Subject to the limitation in subsection (i), a | ||
security employee of
the Department of Corrections may elect, | ||
not later than July 1, 1998, to
establish eligible creditable | ||
service for up to 10 years of his or her service
as a policeman | ||
under Article 3, by filing a written election with the Board,
| ||
accompanied by payment of an amount to be determined by the | ||
Board, equal to
(i) the difference between the amount of | ||
employee and employer contributions
transferred to the System | ||
under Section 3-110.5, and the amounts that would
have been | ||
contributed had such contributions been made at the rates | ||
applicable
to security employees of the Department of | ||
Corrections, plus (ii) interest
thereon at the effective rate | ||
for each year, compounded annually, from the date
of service | ||
to the date of payment.
| ||
(l-5) Subject to the limitation in subsection (i) of this | ||
Section, a State policeman may elect to establish eligible | ||
creditable service for up to 5 years of service as a full-time | ||
law enforcement officer employed by the federal government or | ||
by a state or local government located outside of Illinois for | ||
which credit is not held in any other public employee pension | ||
fund or retirement system. To obtain this credit, the | ||
applicant must file a written application with the Board no |
later than 3 years after January 1, 2020 ( the effective date of | ||
Public Act 101-610) this amendatory Act of the 101st General | ||
Assembly , accompanied by evidence of eligibility acceptable to | ||
the Board and payment of an amount to be determined by the | ||
Board, equal to (1) employee contributions for the credit | ||
being established, based upon the applicant's salary on the | ||
first day as an alternative formula employee after the | ||
employment for which credit is being established and the rates | ||
then applicable to alternative formula employees, plus (2) an | ||
amount determined by the Board to be the employer's normal | ||
cost of the benefits accrued for the credit being established, | ||
plus (3) regular interest on the amounts in items (1) and (2) | ||
from the first day as an alternative formula employee after | ||
the employment for which credit is being established to the | ||
date of payment. | ||
(m) The amendatory changes to this Section made by Public | ||
Act 94-696 this amendatory Act of the 94th General Assembly | ||
apply only to: (1) security employees of the Department of | ||
Juvenile Justice employed by the Department of Corrections | ||
before June 1, 2006 ( the effective date of Public Act 94-696) | ||
this amendatory Act of the 94th General Assembly and | ||
transferred to the Department of Juvenile Justice by Public | ||
Act 94-696 this amendatory Act of the 94th General Assembly ; | ||
and (2) persons employed by the Department of Juvenile Justice | ||
on or after June 1, 2006 ( the effective date of Public Act | ||
94-696) this amendatory Act of the 94th General Assembly who |
are required by subsection (b) of Section 3-2.5-15 of the | ||
Unified Code of Corrections to have any bachelor's or advanced | ||
degree from an accredited college or university or, in the | ||
case of persons who provide vocational training, who are | ||
required to have adequate knowledge in the skill for which | ||
they are providing the vocational training.
| ||
(n) A person employed in a position under subsection (b) | ||
of this Section who has purchased service credit under | ||
subsection (j) of Section 14-104 or subsection (b) of Section | ||
14-105 in any other capacity under this Article may convert up | ||
to 5 years of that service credit into service credit covered | ||
under this Section by paying to the Fund an amount equal to (1) | ||
the additional employee contribution required under Section | ||
14-133, plus (2) the additional employer contribution required | ||
under Section 14-131, plus (3) interest on items (1) and (2) at | ||
the actuarially assumed rate from the date of the service to | ||
the date of payment. | ||
(o) Subject to the limitation in subsection (i), a | ||
conservation police officer, investigator for the Secretary of | ||
State, Commerce Commission police officer, investigator for | ||
the Department of Revenue or the
Illinois Gaming Board, or | ||
arson investigator subject to subsection (g) of Section 1-160 | ||
may elect to convert up to 8 years of service credit | ||
established before January 1, 2020 ( the effective date of | ||
Public Act 101-610) this amendatory Act of the 101st General | ||
Assembly as a conservation police officer, investigator for |
the Secretary of State, Commerce Commission police officer, | ||
investigator for the Department of Revenue or the
Illinois | ||
Gaming Board, or arson investigator under this Article into | ||
eligible creditable service by filing a written election with | ||
the Board no later than one year after January 1, 2020 ( the | ||
effective date of Public Act 101-610) this amendatory Act of | ||
the 101st General Assembly , accompanied by payment of an | ||
amount to be determined by the Board equal to (i) the | ||
difference between the amount of the employee contributions | ||
actually paid for that service and the amount of the employee | ||
contributions that would have been paid had the employee | ||
contributions been made as a noncovered employee serving in a | ||
position in which eligible creditable service, as defined in | ||
this Section, may be earned, plus (ii) interest thereon at the | ||
effective rate for each year, compounded annually, from the | ||
date of service to the date of payment. | ||
(p) Subject to the limitation in subsection (i), an | ||
investigator for the Office of the Attorney General subject to | ||
subsection (g) of Section 1-160 may elect to convert up to 8 | ||
years of service credit established before the effective date | ||
of this amendatory Act of the 102nd General Assembly as an | ||
investigator for the Office of the Attorney General under this | ||
Article into eligible creditable service by filing a written | ||
election with the Board no later than one year after the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly, accompanied by payment of an amount to be determined |
by the Board equal to (i) the difference between the amount of | ||
the employee contributions actually paid for that service and | ||
the amount of the employee contributions that would have been | ||
paid had the employee contributions been made as a noncovered | ||
employee serving in a position in which eligible creditable | ||
service, as defined in this Section, may be earned, plus (ii) | ||
interest thereon at the effective rate for each year, | ||
compounded annually, from the date of service to the date of | ||
payment. | ||
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | ||
102-538, eff. 8-20-21; revised 10-12-21.)
| ||
(40 ILCS 5/14-152.1) | ||
Sec. 14-152.1. Application and expiration of new benefit | ||
increases. | ||
(a) As used in this Section, "new benefit increase" means | ||
an increase in the amount of any benefit provided under this | ||
Article, or an expansion of the conditions of eligibility for | ||
any benefit under this Article, that results from an amendment | ||
to this Code that takes effect after June 1, 2005 (the | ||
effective date of Public Act 94-4). "New benefit increase", | ||
however, does not include any benefit increase resulting from | ||
the changes made to Article 1 or this Article by Public Act | ||
96-37, Public Act 100-23, Public Act 100-587, Public Act | ||
100-611, Public Act 101-10, Public Act 101-610, Public Act | ||
102-210, or this amendatory Act of the 102nd General Assembly |
this amendatory Act of the 102nd General Assembly .
| ||
(b) Notwithstanding any other provision of this Code or | ||
any subsequent amendment to this Code, every new benefit | ||
increase is subject to this Section and shall be deemed to be | ||
granted only in conformance with and contingent upon | ||
compliance with the provisions of this Section.
| ||
(c) The Public Act enacting a new benefit increase must | ||
identify and provide for payment to the System of additional | ||
funding at least sufficient to fund the resulting annual | ||
increase in cost to the System as it accrues. | ||
Every new benefit increase is contingent upon the General | ||
Assembly providing the additional funding required under this | ||
subsection. The Commission on Government Forecasting and | ||
Accountability shall analyze whether adequate additional | ||
funding has been provided for the new benefit increase and | ||
shall report its analysis to the Public Pension Division of | ||
the Department of Insurance. A new benefit increase created by | ||
a Public Act that does not include the additional funding | ||
required under this subsection is null and void. If the Public | ||
Pension Division determines that the additional funding | ||
provided for a new benefit increase under this subsection is | ||
or has become inadequate, it may so certify to the Governor and | ||
the State Comptroller and, in the absence of corrective action | ||
by the General Assembly, the new benefit increase shall expire | ||
at the end of the fiscal year in which the certification is | ||
made.
|
(d) Every new benefit increase shall expire 5 years after | ||
its effective date or on such earlier date as may be specified | ||
in the language enacting the new benefit increase or provided | ||
under subsection (c). This does not prevent the General | ||
Assembly from extending or re-creating a new benefit increase | ||
by law. | ||
(e) Except as otherwise provided in the language creating | ||
the new benefit increase, a new benefit increase that expires | ||
under this Section continues to apply to persons who applied | ||
and qualified for the affected benefit while the new benefit | ||
increase was in effect and to the affected beneficiaries and | ||
alternate payees of such persons, but does not apply to any | ||
other person, including, without limitation, a person who | ||
continues in service after the expiration date and did not | ||
apply and qualify for the affected benefit while the new | ||
benefit increase was in effect.
| ||
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||
101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|