Public Act 096-0745
Public Act 0745 96TH GENERAL ASSEMBLY
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Public Act 096-0745
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| HB0519 Enrolled |
LRB096 04706 AMC 14768 b |
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| AN ACT concerning public employee benefits.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Pension Code is amended by changing | Sections 3-110.6, 5-236, 7-139.8, 9-121.10, and 14-110 as | follows:
| (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
| Sec. 3-110.6. Transfer to Article 14 System.
| (a) Any active member of the State Employees' Retirement | System who is
a State policeman, an investigator for the | Secretary of State, a conservation police officer, an | investigator for the Office of the Attorney General, an | investigator for the Department of Revenue, an investigator for | the Office of the State's Attorneys Appellate
Prosecutor, or a | controlled substance inspector may apply for transfer of
some | or all of his or her creditable service accumulated
in any | police pension fund under this Article to the State Employees'
| Retirement System in accordance with Section 14-110. The | creditable
service shall be transferred only upon payment by | the police pension fund to
the State Employees' Retirement | System of an amount equal to:
| (1) the amounts accumulated to the credit of the | applicant for the service to be transferred on the books
of |
| the fund on the date of transfer; and
| (2) employer contributions in an amount equal to the | amount determined
under subparagraph (1); and
| (3) any interest paid by the applicant in order to | reinstate service to be transferred.
| Participation in the police pension fund with respect to the | service to be transferred shall terminate on the date
of | transfer.
| (b) Any person applying to transfer service under this | Section may reinstate service that was
terminated by receipt of | a refund, by paying to the police pension fund the
amount of | the refund with interest thereon at the actuarially assumed | rate of interest rate of 6% per year,
compounded annually, from | the date of refund to the date of payment.
| (Source: P.A. 95-530, eff. 8-28-07.)
| (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
| Sec. 5-236. Transfer to Article 14.
| (a) Any active member of the State Employees'
Retirement | System who is a State policeman, conservation police officer, | an investigator for the Office of the Attorney General, an | investigator for the Department of Revenue, or investigator for | the
Secretary of State may apply for transfer of some or all of | his or her
creditable service
accumulated under this Article to | the State Employees' Retirement System in accordance with | Section 14-110.
At the time of the transfer the Fund shall pay |
| to the State Employees'
Retirement System an amount equal to:
| (1) the amounts accumulated to the credit of the | applicant for the service to be transferred on the books
of | the Fund on the date of transfer; and
| (2) the corresponding municipality credits, including | interest, on the
books of the Fund on the date of transfer; | and
| (3) any interest paid by the applicant in order to | reinstate service to be transferred.
| Participation in this Fund with respect to the service to be | transferred shall terminate on the date of transfer.
| (b) Any such State policeman, conservation police officer, | or investigator
for the Secretary of State may reinstate | service that was terminated by
receipt of a refund, by paying | to the Fund the amount of the refund with
interest thereon at | the actuarially assumed rate of interest rate of 6% per year, | compounded annually, from the
date of refund to the date of | payment.
| (c) Within 30 days after the effective date of this | amendatory Act of
1993, any active member of the State | Employees' Retirement System who was
earning eligible | creditable service under subdivision (b)(12) of Section
14-110 | on January 1, 1992 and who has at least 17 years of creditable
| service under this Article may apply for transfer of his | creditable service
accumulated under this Article to the State | Employees' Retirement System.
At the time of the transfer the |
| Fund shall pay to the State Employees'
Retirement System an | amount equal to:
| (1) the amounts accumulated to the credit of the | applicant on the books
of the Fund on the date of transfer; | and
| (2) the corresponding municipality credits, including | interest, on the
books of the Fund on the date of transfer.
| Participation in this Fund shall terminate on the date of | transfer.
| (Source: P.A. 95-530, eff. 8-28-07.)
| (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
| Sec. 7-139.8. Transfer to Article 14 System.
| (a) Any active member of the State Employees' Retirement | System who is a State policeman, an investigator for the | Secretary of State, a conservation police officer, an | investigator for the Office of the Attorney General, an | investigator for the Department of Revenue, an
investigator for | the Office of the State's Attorneys Appellate Prosecutor,
or a | controlled substance inspector
may apply for transfer of some | or all of his or her credits and creditable service
accumulated | in this Fund for service as a sheriff's law enforcement
| employee, 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 to the State | Employees' Retirement System in accordance with
Section |
| 14-110. The creditable service shall be transferred only upon | payment
by this Fund to the State Employees' Retirement System | of an amount equal to:
| (1) the amounts accumulated to the credit of the | applicant for the service
to be transferred, including | interest; and
| (2) municipality credits based on such service, | including interest; and
| (3) any interest paid by the applicant to reinstate | such service.
| Participation in this Fund as to any credits transferred under | this
Section shall terminate on the date of transfer.
| (b) Any person applying to transfer service under this | Section may reinstate credits and
creditable service | terminated upon receipt of a separation benefit, by paying
to | the Fund the amount of the separation benefit plus interest | thereon at the actuarially assumed rate of interest
rate of 6% | per year to the date of payment.
| (Source: P.A. 95-530, eff. 8-28-07.)
| (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
| Sec. 9-121.10. Transfer to Article 14.
| (a) Any active member of the State Employees'
Retirement | System who is a State policeman, investigator for the Office of | the Attorney General, an investigator for the Department of | Revenue, investigator for the Secretary of State, or |
| conservation police officer may apply for transfer of some
or | all of his creditable service as a member of the County Police
| Department, a county corrections officer, or a court services | officer accumulated under this Article to the State Employees'
| Retirement System in accordance with Section 14-110. At the | time of the transfer the Fund shall pay to the
State Employees' | Retirement System an amount equal to:
| (1) the amounts accumulated to the credit of the | applicant on the
books of the Fund on the date of transfer | for the service to be
transferred; and
| (2) the corresponding municipality credits, including | interest, on the
books of the Fund on the date of transfer; | and
| (3) any interest paid by the applicant in order to | reinstate such service.
| Participation in this Fund with respect to the credits | transferred shall
terminate on the date of transfer.
| (b) Any person applying to transfer service under this | Section
may reinstate credit for service as a member of the | County Police
Department that was terminated by receipt of a | refund, by paying to the
Fund the amount of the refund with | interest thereon at the actuarially assumed rate of interest | rate of 6% per
year, compounded annually, from the date of | refund to the date of payment.
| (Source: P.A. 95-530, eff. 8-28-07.)
|
| (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| Sec. 14-110. Alternative retirement annuity.
| (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:
| (i) for periods of service as a noncovered employee:
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
| (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.
| 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.
| 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.
| (b) For the purpose of this Section, "eligible creditable | service" means
creditable service resulting from service in one | or more of the following
positions:
| (1) State policeman;
| (2) fire fighter in the fire protection service of a | department;
| (3) air pilot;
| (4) special agent;
| (5) investigator for the Secretary of State;
| (6) conservation police officer;
| (7) investigator for the Department of Revenue;
| (8) security employee of the Department of Human | Services;
| (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;
| (11) dangerous drugs investigator;
| (12) investigator for the Department of State Police;
| (13) investigator for the Office of the Attorney | General;
| (14) controlled substance inspector;
| (15) investigator for the Office of the State's | Attorneys Appellate
Prosecutor;
| (16) Commerce Commission police officer;
| (17) arson investigator;
| (18) State highway maintenance worker.
| 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.
| (c) For the purposes of this Section:
| (1) The term "state policeman" includes any title or | position
in the Department of State Police that is held by | an individual employed
under the State Police Act.
|
| (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.
| (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 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.
| (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, or any
| other Division or organizational
entity in the Department | of 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 Department
of State Police that is | held by an individual employed under the 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.
| (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 Department of State | Police" means
a person employed by the Department of 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 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.
| (d) A security employee of the Department of Corrections or | the Department of Juvenile Justice, and a security
employee of | the Department of Human Services who is not a mental health | police
officer, 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 the effective date of this amendatory Act of the 96th | 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 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 the effective | date of this amendatory Act of the 96th 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. | (i) The total amount of eligible creditable service | established by any
person under subsections (g), (h), (j), (k), | and (l) 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.
| (m) The amendatory changes to this Section made by 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 the effective | date of this amendatory Act of the 94th General Assembly and | transferred to the Department of Juvenile Justice by this | amendatory Act of the 94th General Assembly; and (2) persons | employed by the Department of Juvenile Justice on or after the | effective date of 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 a bachelor's or | advanced degree from an accredited college or university with a | specialization in criminal justice, education, psychology, | social work, or a closely related social science 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. | (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530, | eff. 8-28-07; 95-1036, eff. 2-17-09.)
| Section 90. The State Mandates Act is amended by adding | Section 8.33 as follows:
| (30 ILCS 805/8.33 new) | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | of this Act, no reimbursement by the State is required for the | implementation of any mandate created by this amendatory Act of | the 96th General Assembly.
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/25/2009
|
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