[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0257
HB0267 Enrolled LRB9203952EGfg
AN ACT in relation to 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 Section 14-110 as follows:
(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(a) Any member who has withdrawn from service with not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attained age 55, and any member who has withdrawn from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, 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, 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. 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;
(10) security employee of the Department of
Corrections;
(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.
(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 is employed at the
Chester Mental Health Center and has daily contact with
the residents thereof, or who 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.
(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) The term "security employee of the Department
of Corrections" means any employee of the Department of
Corrections or the former Department of Personnel, and
any member or employee of the Prisoner Review Board, who
has daily contact with inmates by working within a
correctional facility 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.
(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, 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 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.
(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.
(Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99;
91-760, eff. 1-1-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 17, 2001.
Approved August 06, 2001.
[ Top ]