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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0440 Introduced 1/28/2015, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED:
| | 40 ILCS 5/14-110 | from Ch. 108 1/2, par. 14-110 |
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Amends the State Employee Article of the Illinois Pension Code.
Makes technical changes in a Section relating to the alternative
(State Police) formula.
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| | | PENSION IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | SB0440 | | LRB099 03101 RPS 23109 b |
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| 1 | | AN ACT concerning public employee benefits.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Pension Code is amended by changing |
| 5 | | Section 14-110 as follows:
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| 6 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
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| 7 | | Sec. 14-110. Alternative retirement annuity.
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| 8 | | (a) Any member who has withdrawn from service with not less |
| 9 | | than 20
years of eligible creditable service and
and has |
| 10 | | attained age 55, and any
member who has withdrawn from service |
| 11 | | with not less than 25 years of
eligible creditable service and |
| 12 | | has attained age 50, regardless of whether
the attainment of |
| 13 | | either of the specified ages occurs while the member is
still |
| 14 | | in service, shall be entitled to receive at the option of the |
| 15 | | member,
in lieu of the regular or minimum retirement annuity, a |
| 16 | | retirement annuity
computed as follows:
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| 17 | | (i) for periods of service as a noncovered employee:
if |
| 18 | | retirement occurs on or after January 1, 2001, 3% of final
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| 19 | | average compensation for each year of creditable service; |
| 20 | | if retirement occurs
before January 1, 2001, 2 1/4% of |
| 21 | | final average compensation for each of the
first 10 years |
| 22 | | of creditable service, 2 1/2% for each year above 10 years |
| 23 | | to
and including 20 years of creditable service, and 2 3/4% |
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| | SB0440 | - 2 - | LRB099 03101 RPS 23109 b |
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| 1 | | for each year of
creditable service above 20 years; and
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| 2 | | (ii) for periods of eligible creditable service as a |
| 3 | | covered employee:
if retirement occurs on or after January |
| 4 | | 1, 2001, 2.5% of final average
compensation for each year |
| 5 | | of creditable service; if retirement occurs before
January |
| 6 | | 1, 2001, 1.67% of final average compensation for each of |
| 7 | | the first
10 years of such service, 1.90% for each of the |
| 8 | | next 10 years of such service,
2.10% for each year of such |
| 9 | | service in excess of 20 but not exceeding 30, and
2.30% for |
| 10 | | each year in excess of 30.
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| 11 | | Such annuity shall be subject to a maximum of 75% of final |
| 12 | | average
compensation if retirement occurs before January 1, |
| 13 | | 2001 or to a maximum
of 80% of final average compensation if |
| 14 | | retirement occurs on or after January
1, 2001.
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| 15 | | These rates shall not be applicable to any service |
| 16 | | performed
by a member as a covered employee which is not |
| 17 | | eligible creditable service.
Service as a covered employee |
| 18 | | which is not eligible creditable service
shall be subject to |
| 19 | | the rates and provisions of Section 14-108.
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| 20 | | (a-5) Notwithstanding subsection (a) of this Section, for a |
| 21 | | Tier 1 member who begins receiving a retirement annuity under |
| 22 | | this Section on or after July 1, 2014, the required retirement |
| 23 | | age under subsection (a) is increased as follows, based on the |
| 24 | | Tier 1 member's age on June 1, 2014: |
| 25 | | (1) If he or she is at least age 46 on June 1, 2014, |
| 26 | | then the required retirement ages under subsection (a) |
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| | SB0440 | - 3 - | LRB099 03101 RPS 23109 b |
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| 1 | | remain unchanged. |
| 2 | | (2) If he or she is at least age 45 but less than age 46 |
| 3 | | on June 1, 2014, then the required retirement ages under |
| 4 | | subsection (a) are increased by 4 months. |
| 5 | | (3) If he or she is at least age 44 but less than age 45 |
| 6 | | on June 1, 2014, then the required retirement ages under |
| 7 | | subsection (a) are increased by 8 months. |
| 8 | | (4) If he or she is at least age 43 but less than age 44 |
| 9 | | on June 1, 2014, then the required retirement ages under |
| 10 | | subsection (a) are increased by 12 months. |
| 11 | | (5) If he or she is at least age 42 but less than age 43 |
| 12 | | on June 1, 2014, then the required retirement ages under |
| 13 | | subsection (a) are increased by 16 months. |
| 14 | | (6) If he or she is at least age 41 but less than age 42 |
| 15 | | on June 1, 2014, then the required retirement ages under |
| 16 | | subsection (a) are increased by 20 months. |
| 17 | | (7) If he or she is at least age 40 but less than age 41 |
| 18 | | on June 1, 2014, then the required retirement ages under |
| 19 | | subsection (a) are increased by 24 months. |
| 20 | | (8) If he or she is at least age 39 but less than age 40 |
| 21 | | on June 1, 2014, then the required retirement ages under |
| 22 | | subsection (a) are increased by 28 months. |
| 23 | | (9) If he or she is at least age 38 but less than age 39 |
| 24 | | on June 1, 2014, then the required retirement ages under |
| 25 | | subsection (a) are increased by 32 months. |
| 26 | | (10) If he or she is at least age 37 but less than age |
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| | SB0440 | - 4 - | LRB099 03101 RPS 23109 b |
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| 1 | | 38 on June 1, 2014, then the required retirement ages under |
| 2 | | subsection (a) are increased by 36 months. |
| 3 | | (11) If he or she is at least age 36 but less than age |
| 4 | | 37 on June 1, 2014, then the required retirement ages under |
| 5 | | subsection (a) are increased by 40 months. |
| 6 | | (12) If he or she is at least age 35 but less than age |
| 7 | | 36 on June 1, 2014, then the required retirement ages under |
| 8 | | subsection (a) are increased by 44 months. |
| 9 | | (13) If he or she is at least age 34 but less than age |
| 10 | | 35 on June 1, 2014, then the required retirement ages under |
| 11 | | subsection (a) are increased by 48 months. |
| 12 | | (14) If he or she is at least age 33 but less than age |
| 13 | | 34 on June 1, 2014, then the required retirement ages under |
| 14 | | subsection (a) are increased by 52 months. |
| 15 | | (15) If he or she is at least age 32 but less than age |
| 16 | | 33 on June 1, 2014, then the required retirement ages under |
| 17 | | subsection (a) are increased by 56 months. |
| 18 | | (16) If he or she is less than age 32 on June 1, 2014, |
| 19 | | then the required retirement ages under subsection (a) are |
| 20 | | increased by 60 months. |
| 21 | | Notwithstanding Section 1-103.1, this subsection (a-5) |
| 22 | | applies without regard to whether or not the Tier 1 member is |
| 23 | | in active service under this Article on or after the effective |
| 24 | | date of this amendatory Act of the 98th General Assembly. |
| 25 | | (b) For the purpose of this Section, "eligible creditable |
| 26 | | service" means
creditable service resulting from service in one |
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| | SB0440 | - 5 - | LRB099 03101 RPS 23109 b |
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| 1 | | or more of the following
positions:
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| 2 | | (1) State policeman;
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| 3 | | (2) fire fighter in the fire protection service of a |
| 4 | | department;
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| 5 | | (3) air pilot;
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| 6 | | (4) special agent;
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| 7 | | (5) investigator for the Secretary of State;
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| 8 | | (6) conservation police officer;
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| 9 | | (7) investigator for the Department of Revenue or the |
| 10 | | Illinois Gaming Board;
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| 11 | | (8) security employee of the Department of Human |
| 12 | | Services;
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| 13 | | (9) Central Management Services security police |
| 14 | | officer;
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| 15 | | (10) security employee of the Department of |
| 16 | | Corrections or the Department of Juvenile Justice;
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| 17 | | (11) dangerous drugs investigator;
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| 18 | | (12) investigator for the Department of State Police;
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| 19 | | (13) investigator for the Office of the Attorney |
| 20 | | General;
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| 21 | | (14) controlled substance inspector;
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| 22 | | (15) investigator for the Office of the State's |
| 23 | | Attorneys Appellate
Prosecutor;
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| 24 | | (16) Commerce Commission police officer;
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| 25 | | (17) arson investigator;
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| 26 | | (18) State highway maintenance worker.
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| 1 | | A person employed in one of the positions specified in this |
| 2 | | subsection is
entitled to eligible creditable service for |
| 3 | | service credit earned under this
Article while undergoing the |
| 4 | | basic police training course approved by the
Illinois Law |
| 5 | | Enforcement Training
Standards Board, if
completion of that |
| 6 | | training is required of persons serving in that position.
For |
| 7 | | the purposes of this Code, service during the required basic |
| 8 | | police
training course shall be deemed performance of the |
| 9 | | duties of the specified
position, even though the person is not |
| 10 | | a sworn peace officer at the time of
the training.
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| 11 | | (c) For the purposes of this Section:
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| 12 | | (1) The term "state policeman" includes any title or |
| 13 | | position
in the Department of State Police that is held by |
| 14 | | an individual employed
under the State Police Act.
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| 15 | | (2) The term "fire fighter in the fire protection |
| 16 | | service of a
department" includes all officers in such fire |
| 17 | | protection service
including fire chiefs and assistant |
| 18 | | fire chiefs.
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| 19 | | (3) The term "air pilot" includes any employee whose |
| 20 | | official job
description on file in the Department of |
| 21 | | Central Management Services, or
in the department by which |
| 22 | | he is employed if that department is not covered
by the |
| 23 | | Personnel Code, states that his principal duty is the |
| 24 | | operation of
aircraft, and who possesses a pilot's license; |
| 25 | | however, the change in this
definition made by this |
| 26 | | amendatory Act of 1983 shall not operate to exclude
any |
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| 1 | | noncovered employee who was an "air pilot" for the purposes |
| 2 | | of this
Section on January 1, 1984.
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| 3 | | (4) The term "special agent" means any person who by |
| 4 | | reason of
employment by the Division of Narcotic Control, |
| 5 | | the Bureau of Investigation
or, after July 1, 1977, the |
| 6 | | Division of Criminal Investigation, the
Division of |
| 7 | | Internal Investigation, the Division of Operations, or any
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| 8 | | other Division or organizational
entity in the Department |
| 9 | | of State Police is vested by law with duties to
maintain |
| 10 | | public order, investigate violations of the criminal law of |
| 11 | | this
State, enforce the laws of this State, make arrests |
| 12 | | and recover property.
The term "special agent" includes any |
| 13 | | title or position in the Department
of State Police that is |
| 14 | | held by an individual employed under the State
Police Act.
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| 15 | | (5) The term "investigator for the Secretary of State" |
| 16 | | means any person
employed by the Office of the Secretary of |
| 17 | | State and vested with such
investigative duties as render |
| 18 | | him ineligible for coverage under the Social
Security Act |
| 19 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
| 20 | | 218(l)(1)
of that Act.
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| 21 | | A person who became employed as an investigator for the |
| 22 | | Secretary of
State between January 1, 1967 and December 31, |
| 23 | | 1975, and who has served as
such until attainment of age |
| 24 | | 60, either continuously or with a single break
in service |
| 25 | | of not more than 3 years duration, which break terminated |
| 26 | | before
January 1, 1976, shall be entitled to have his |
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| | SB0440 | - 8 - | LRB099 03101 RPS 23109 b |
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| 1 | | retirement annuity
calculated in accordance with |
| 2 | | subsection (a), notwithstanding
that he has less than 20 |
| 3 | | years of credit for such service.
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| 4 | | (6) The term "Conservation Police Officer" means any |
| 5 | | person employed
by the Division of Law Enforcement of the |
| 6 | | Department of Natural Resources and
vested with such law |
| 7 | | enforcement duties as render him ineligible for coverage
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| 8 | | under the Social Security Act by reason of Sections |
| 9 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The |
| 10 | | term "Conservation Police Officer" includes
the positions |
| 11 | | of Chief Conservation Police Administrator and Assistant
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| 12 | | Conservation Police Administrator.
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| 13 | | (7) The term "investigator for the Department of |
| 14 | | Revenue" means any
person employed by the Department of |
| 15 | | Revenue and vested with such
investigative duties as render |
| 16 | | him ineligible for coverage under the Social
Security Act |
| 17 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
| 18 | | 218(l)(1)
of that Act.
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| 19 | | The term "investigator for the Illinois Gaming Board" |
| 20 | | means any
person employed as such by the Illinois Gaming |
| 21 | | Board and vested with such
peace officer duties as render |
| 22 | | the person ineligible for coverage under the Social
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| 23 | | Security Act by reason of Sections 218(d)(5)(A), |
| 24 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
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| 25 | | (8) The term "security employee of the Department of |
| 26 | | Human Services"
means any person employed by the Department |
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| 1 | | of Human Services who (i) is
employed at the Chester Mental |
| 2 | | Health Center and has daily contact with the
residents |
| 3 | | thereof, (ii) is employed within a security unit at a |
| 4 | | facility
operated by the Department and has daily contact |
| 5 | | with the residents of the
security unit, (iii) is employed |
| 6 | | at a facility operated by the Department
that includes a |
| 7 | | security unit and is regularly scheduled to work at least
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| 8 | | 50% of his or her working hours within that security unit, |
| 9 | | or (iv) is a mental health police officer.
"Mental health |
| 10 | | police officer" means any person employed by the Department |
| 11 | | of
Human Services in a position pertaining to the |
| 12 | | Department's mental health and
developmental disabilities |
| 13 | | functions who is vested with such law enforcement
duties as |
| 14 | | render the person ineligible for coverage under the Social |
| 15 | | Security
Act by reason of Sections 218(d)(5)(A), |
| 16 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" |
| 17 | | means that portion of a facility that is devoted to
the |
| 18 | | care, containment, and treatment of persons committed to |
| 19 | | the Department of
Human Services as sexually violent |
| 20 | | persons, persons unfit to stand trial, or
persons not |
| 21 | | guilty by reason of insanity. With respect to past |
| 22 | | employment,
references to the Department of Human Services |
| 23 | | include its predecessor, the
Department of Mental Health |
| 24 | | and Developmental Disabilities.
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| 25 | | The changes made to this subdivision (c)(8) by Public |
| 26 | | Act 92-14 apply to persons who retire on or after January |
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| 1 | | 1,
2001, notwithstanding Section 1-103.1.
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| 2 | | (9) "Central Management Services security police |
| 3 | | officer" means any
person employed by the Department of |
| 4 | | Central Management Services who is
vested with such law |
| 5 | | enforcement duties as render him ineligible for
coverage |
| 6 | | under the Social Security Act by reason of Sections |
| 7 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
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| 8 | | (10) For a member who first became an employee under |
| 9 | | this Article before July 1, 2005, the term "security |
| 10 | | employee of the Department of Corrections or the Department |
| 11 | | of Juvenile Justice"
means any employee of the Department |
| 12 | | of Corrections or the Department of Juvenile Justice or the |
| 13 | | former
Department of Personnel, and any member or employee |
| 14 | | of the Prisoner
Review Board, who has daily contact with |
| 15 | | inmates or youth by working within a
correctional facility |
| 16 | | or Juvenile facility operated by the Department of Juvenile |
| 17 | | Justice or who is a parole officer or an employee who has
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| 18 | | direct contact with committed persons in the performance of |
| 19 | | his or her
job duties. For a member who first becomes an |
| 20 | | employee under this Article on or after July 1, 2005, the |
| 21 | | term means an employee of the Department of Corrections or |
| 22 | | the Department of Juvenile Justice who is any of the |
| 23 | | following: (i) officially headquartered at a correctional |
| 24 | | facility or Juvenile facility operated by the Department of |
| 25 | | Juvenile Justice, (ii) a parole officer, (iii) a member of |
| 26 | | the apprehension unit, (iv) a member of the intelligence |
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| 1 | | unit, (v) a member of the sort team, or (vi) an |
| 2 | | investigator.
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| 3 | | (11) The term "dangerous drugs investigator" means any |
| 4 | | person who is
employed as such by the Department of Human |
| 5 | | Services.
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| 6 | | (12) The term "investigator for the Department of State |
| 7 | | Police" means
a person employed by the Department of State |
| 8 | | Police who is vested under
Section 4 of the Narcotic |
| 9 | | Control Division Abolition Act with such
law enforcement |
| 10 | | powers as render him ineligible for coverage under the
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| 11 | | Social Security Act by reason of Sections 218(d)(5)(A), |
| 12 | | 218(d)(8)(D) and
218(l)(1) of that Act.
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| 13 | | (13) "Investigator for the Office of the Attorney |
| 14 | | General" means any
person who is employed as such by the |
| 15 | | Office of the Attorney General and
is vested with such |
| 16 | | investigative duties as render him ineligible for
coverage |
| 17 | | under the Social Security Act by reason of Sections |
| 18 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For |
| 19 | | the period before January 1,
1989, the term includes all |
| 20 | | persons who were employed as investigators by the
Office of |
| 21 | | the Attorney General, without regard to social security |
| 22 | | status.
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| 23 | | (14) "Controlled substance inspector" means any person |
| 24 | | who is employed
as such by the Department of Professional |
| 25 | | Regulation and is vested with such
law enforcement duties |
| 26 | | as render him ineligible for coverage under the Social
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| | SB0440 | - 12 - | LRB099 03101 RPS 23109 b |
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| 1 | | Security Act by reason of Sections 218(d)(5)(A), |
| 2 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term |
| 3 | | "controlled substance inspector" includes the Program
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| 4 | | Executive of Enforcement and the Assistant Program |
| 5 | | Executive of Enforcement.
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| 6 | | (15) The term "investigator for the Office of the |
| 7 | | State's Attorneys
Appellate Prosecutor" means a person |
| 8 | | employed in that capacity on a full
time basis under the |
| 9 | | authority of Section 7.06 of the State's Attorneys
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| 10 | | Appellate Prosecutor's Act.
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| 11 | | (16) "Commerce Commission police officer" means any |
| 12 | | person employed
by the Illinois Commerce Commission who is |
| 13 | | vested with such law
enforcement duties as render him |
| 14 | | ineligible for coverage under the Social
Security Act by |
| 15 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
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| 16 | | 218(l)(1) of that Act.
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| 17 | | (17) "Arson investigator" means any person who is |
| 18 | | employed as such by
the Office of the State Fire Marshal |
| 19 | | and is vested with such law enforcement
duties as render |
| 20 | | the person ineligible for coverage under the Social |
| 21 | | Security
Act by reason of Sections 218(d)(5)(A), |
| 22 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was |
| 23 | | employed as an arson
investigator on January 1, 1995 and is |
| 24 | | no longer in service but not yet
receiving a retirement |
| 25 | | annuity may convert his or her creditable service for
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| 26 | | employment as an arson investigator into eligible |
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| 1 | | creditable service by paying
to the System the difference |
| 2 | | between the employee contributions actually paid
for that |
| 3 | | service and the amounts that would have been contributed if |
| 4 | | the
applicant were contributing at the rate applicable to |
| 5 | | persons with the same
social security status earning |
| 6 | | eligible creditable service on the date of
application.
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| 7 | | (18) The term "State highway maintenance worker" means |
| 8 | | a person who is
either of the following:
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| 9 | | (i) A person employed on a full-time basis by the |
| 10 | | Illinois
Department of Transportation in the position |
| 11 | | of
highway maintainer,
highway maintenance lead |
| 12 | | worker,
highway maintenance lead/lead worker,
heavy |
| 13 | | construction equipment operator,
power shovel |
| 14 | | operator, or
bridge mechanic; and
whose principal |
| 15 | | responsibility is to perform, on the roadway, the |
| 16 | | actual
maintenance necessary to keep the highways that |
| 17 | | form a part of the State
highway system in serviceable |
| 18 | | condition for vehicular traffic.
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| 19 | | (ii) A person employed on a full-time basis by the |
| 20 | | Illinois
State Toll Highway Authority in the position |
| 21 | | of
equipment operator/laborer H-4,
equipment |
| 22 | | operator/laborer H-6,
welder H-4,
welder H-6,
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| 23 | | mechanical/electrical H-4,
mechanical/electrical H-6,
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| 24 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
| 25 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
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| 26 | | roadway lighting H-6,
structural H-4,
structural H-6,
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| 1 | | painter H-4, or
painter H-6; and
whose principal |
| 2 | | responsibility is to perform, on the roadway, the |
| 3 | | actual
maintenance necessary to keep the Authority's |
| 4 | | tollways in serviceable condition
for vehicular |
| 5 | | traffic.
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| 6 | | (d) A security employee of the Department of Corrections or |
| 7 | | the Department of Juvenile Justice, and a security
employee of |
| 8 | | the Department of Human Services who is not a mental health |
| 9 | | police
officer, shall not be eligible for the alternative |
| 10 | | retirement annuity provided
by this Section unless he or she |
| 11 | | meets the following minimum age and service
requirements at the |
| 12 | | time of retirement:
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| 13 | | (i) 25 years of eligible creditable service and age 55; |
| 14 | | or
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| 15 | | (ii) beginning January 1, 1987, 25 years of eligible |
| 16 | | creditable service
and age 54, or 24 years of eligible |
| 17 | | creditable service and age 55; or
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| 18 | | (iii) beginning January 1, 1988, 25 years of eligible |
| 19 | | creditable service
and age 53, or 23 years of eligible |
| 20 | | creditable service and age 55; or
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| 21 | | (iv) beginning January 1, 1989, 25 years of eligible |
| 22 | | creditable service
and age 52, or 22 years of eligible |
| 23 | | creditable service and age 55; or
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| 24 | | (v) beginning January 1, 1990, 25 years of eligible |
| 25 | | creditable service
and age 51, or 21 years of eligible |
| 26 | | creditable service and age 55; or
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| 1 | | (vi) beginning January 1, 1991, 25 years of eligible |
| 2 | | creditable service
and age 50, or 20 years of eligible |
| 3 | | creditable service and age 55.
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| 4 | | For members to whom subsection (a-5) of this Section |
| 5 | | applies, the references to age 50 and 55 in item (vi) of this |
| 6 | | subsection are increased as provided in subsection (a-5). |
| 7 | | Persons who have service credit under Article 16 of this |
| 8 | | Code for service
as a security employee of the Department of |
| 9 | | Corrections or the Department of Juvenile Justice, or the |
| 10 | | Department
of Human Services in a position requiring |
| 11 | | certification as a teacher may
count such service toward |
| 12 | | establishing their eligibility under the service
requirements |
| 13 | | of this Section; but such service may be used only for
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| 14 | | establishing such eligibility, and not for the purpose of |
| 15 | | increasing or
calculating any benefit.
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| 16 | | (e) If a member enters military service while working in a |
| 17 | | position in
which eligible creditable service may be earned, |
| 18 | | and returns to State
service in the same or another such |
| 19 | | position, and fulfills in all other
respects the conditions |
| 20 | | prescribed in this Article for credit for military
service, |
| 21 | | such military service shall be credited as eligible creditable
|
| 22 | | service for the purposes of the retirement annuity prescribed |
| 23 | | in this Section.
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| 24 | | (f) For purposes of calculating retirement annuities under |
| 25 | | this
Section, periods of service rendered after December 31, |
| 26 | | 1968 and before
October 1, 1975 as a covered employee in the |
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| 1 | | position of special agent,
conservation police officer, mental |
| 2 | | health police officer, or investigator
for the Secretary of |
| 3 | | State, shall be deemed to have been service as a
noncovered |
| 4 | | employee, provided that the employee pays to the System prior |
| 5 | | to
retirement an amount equal to (1) the difference between the |
| 6 | | employee
contributions that would have been required for such |
| 7 | | service as a
noncovered employee, and the amount of employee |
| 8 | | contributions actually
paid, plus (2) if payment is made after |
| 9 | | July 31, 1987, regular interest
on the amount specified in item |
| 10 | | (1) from the date of service to the date
of payment.
|
| 11 | | For purposes of calculating retirement annuities under |
| 12 | | this Section,
periods of service rendered after December 31, |
| 13 | | 1968 and before January 1,
1982 as a covered employee in the |
| 14 | | position of investigator for the
Department of Revenue shall be |
| 15 | | deemed to have been service as a noncovered
employee, provided |
| 16 | | that the employee pays to the System prior to retirement
an |
| 17 | | amount equal to (1) the difference between the employee |
| 18 | | contributions
that would have been required for such service as |
| 19 | | a noncovered employee,
and the amount of employee contributions |
| 20 | | actually paid, plus (2) if payment
is made after January 1, |
| 21 | | 1990, regular interest on the amount specified in
item (1) from |
| 22 | | the date of service to the date of payment.
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| 23 | | (g) A State policeman may elect, not later than January 1, |
| 24 | | 1990, to
establish eligible creditable service for up to 10 |
| 25 | | years of his service as
a policeman under Article 3, by filing |
| 26 | | a written election with the Board,
accompanied by payment of an |
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| 1 | | amount to be determined by the Board, equal to
(i) the |
| 2 | | difference between the amount of employee and employer
|
| 3 | | contributions transferred to the System under Section 3-110.5, |
| 4 | | and the
amounts that would have been contributed had such |
| 5 | | contributions been made
at the rates applicable to State |
| 6 | | policemen, plus (ii) interest thereon at
the effective rate for |
| 7 | | each year, compounded annually, from the date of
service to the |
| 8 | | date of payment.
|
| 9 | | Subject to the limitation in subsection (i), a State |
| 10 | | policeman may elect,
not later than July 1, 1993, to establish |
| 11 | | eligible creditable service for
up to 10 years of his service |
| 12 | | as a member of the County Police Department
under Article 9, by |
| 13 | | filing a written election with the Board, accompanied
by |
| 14 | | payment of an amount to be determined by the Board, equal to |
| 15 | | (i) the
difference between the amount of employee and employer |
| 16 | | contributions
transferred to the System under Section 9-121.10 |
| 17 | | and the amounts that would
have been contributed had those |
| 18 | | contributions been made at the rates
applicable to State |
| 19 | | policemen, plus (ii) interest thereon at the effective
rate for |
| 20 | | each year, compounded annually, from the date of service to the
|
| 21 | | date of payment.
|
| 22 | | (h) Subject to the limitation in subsection (i), a State |
| 23 | | policeman or
investigator for the Secretary of State may elect |
| 24 | | to establish eligible
creditable service for up to 12 years of |
| 25 | | his service as a policeman under
Article 5, by filing a written |
| 26 | | election with the Board on or before January
31, 1992, and |
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| 1 | | paying to the System by January 31, 1994 an amount to be
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| 2 | | determined by the Board, equal to (i) the difference between |
| 3 | | the amount of
employee and employer contributions transferred |
| 4 | | to the System under Section
5-236, and the amounts that would |
| 5 | | have been contributed had such
contributions been made at the |
| 6 | | rates applicable to State policemen, plus
(ii) interest thereon |
| 7 | | at the effective rate for each year, compounded
annually, from |
| 8 | | the date of service to the date of payment.
|
| 9 | | Subject to the limitation in subsection (i), a State |
| 10 | | policeman,
conservation police officer, or investigator for |
| 11 | | the Secretary of State may
elect to establish eligible |
| 12 | | creditable service for up to 10 years of
service as a sheriff's |
| 13 | | law enforcement employee under Article 7, by filing
a written |
| 14 | | election with the Board on or before January 31, 1993, and |
| 15 | | paying
to the System by January 31, 1994 an amount to be |
| 16 | | determined by the Board,
equal to (i) the difference between |
| 17 | | the amount of employee and
employer contributions transferred |
| 18 | | to the System under Section
7-139.7, and the amounts that would |
| 19 | | have been contributed had such
contributions been made at the |
| 20 | | rates applicable to State policemen, plus
(ii) interest thereon |
| 21 | | at the effective rate for each year, compounded
annually, from |
| 22 | | the date of service to the date of payment.
|
| 23 | | Subject to the limitation in subsection (i), a State |
| 24 | | policeman,
conservation police officer, or investigator for |
| 25 | | the Secretary of State may
elect to establish eligible |
| 26 | | creditable service for up to 5 years of
service as a police |
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| 1 | | officer under Article 3, a policeman under Article 5, a |
| 2 | | sheriff's law enforcement employee under Article 7, a member of |
| 3 | | the county police department under Article 9, or a police |
| 4 | | officer under Article 15 by filing
a written election with the |
| 5 | | Board and paying
to the System an amount to be determined by |
| 6 | | the Board,
equal to (i) the difference between the amount of |
| 7 | | employee and
employer contributions transferred to the System |
| 8 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
| 9 | | and the amounts that would have been contributed had such
|
| 10 | | contributions been made at the rates applicable to State |
| 11 | | policemen, plus
(ii) interest thereon at the effective rate for |
| 12 | | each year, compounded
annually, from the date of service to the |
| 13 | | date of payment. |
| 14 | | Subject to the limitation in subsection (i), an |
| 15 | | investigator for the Office of the Attorney General, or an |
| 16 | | investigator for the Department of Revenue, may elect to |
| 17 | | establish eligible creditable service for up to 5 years of |
| 18 | | service as a police officer under Article 3, a policeman under |
| 19 | | Article 5, a sheriff's law enforcement employee under Article |
| 20 | | 7, or a member of the county police department under Article 9 |
| 21 | | by filing a written election with the Board within 6 months |
| 22 | | after August 25, 2009 (the effective date of Public Act 96-745) |
| 23 | | and paying to the System an amount to be determined by the |
| 24 | | Board, equal to (i) the difference between the amount of |
| 25 | | employee and employer contributions transferred to the System |
| 26 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
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| 1 | | amounts that would have been contributed had such contributions |
| 2 | | been made at the rates applicable to State policemen, plus (ii) |
| 3 | | interest thereon at the actuarially assumed rate for each year, |
| 4 | | compounded annually, from the date of service to the date of |
| 5 | | payment. |
| 6 | | Subject to the limitation in subsection (i), a State |
| 7 | | policeman, conservation police officer, investigator for the |
| 8 | | Office of the Attorney General, an investigator for the |
| 9 | | Department of Revenue, or investigator for the Secretary of |
| 10 | | State may elect to establish eligible creditable service for up |
| 11 | | to 5 years of service as a person employed by a participating |
| 12 | | municipality to perform police duties, or law enforcement |
| 13 | | officer employed on a full-time basis by a forest preserve |
| 14 | | district under Article 7, a county corrections officer, or a |
| 15 | | court services officer under Article 9, by filing a written |
| 16 | | election with the Board within 6 months after August 25, 2009 |
| 17 | | (the effective date of Public Act 96-745) and paying to the |
| 18 | | System an amount to be determined by the Board, equal to (i) |
| 19 | | the difference between the amount of employee and employer |
| 20 | | contributions transferred to the System under Sections 7-139.8 |
| 21 | | and 9-121.10 and the amounts that would have been contributed |
| 22 | | had such contributions been made at the rates applicable to |
| 23 | | State policemen, plus (ii) interest thereon at the actuarially |
| 24 | | assumed rate for each year, compounded annually, from the date |
| 25 | | of service to the date of payment. |
| 26 | | (i) The total amount of eligible creditable service |
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| 1 | | established by any
person under subsections (g), (h), (j), (k), |
| 2 | | and (l) of this
Section shall not exceed 12 years.
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| 3 | | (j) Subject to the limitation in subsection (i), an |
| 4 | | investigator for
the Office of the State's Attorneys Appellate |
| 5 | | Prosecutor or a controlled
substance inspector may elect to
|
| 6 | | establish eligible creditable service for up to 10 years of his |
| 7 | | service as
a policeman under Article 3 or a sheriff's law |
| 8 | | enforcement employee under
Article 7, by filing a written |
| 9 | | election with the Board, accompanied by
payment of an amount to |
| 10 | | be determined by the Board, equal to (1) the
difference between |
| 11 | | the amount of employee and employer contributions
transferred |
| 12 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
|
| 13 | | that would have been contributed had such contributions been |
| 14 | | made at the
rates applicable to State policemen, plus (2) |
| 15 | | interest thereon at the
effective rate for each year, |
| 16 | | compounded annually, from the date of service
to the date of |
| 17 | | payment.
|
| 18 | | (k) Subject to the limitation in subsection (i) of this |
| 19 | | Section, an
alternative formula employee may elect to establish |
| 20 | | eligible creditable
service for periods spent as a full-time |
| 21 | | law enforcement officer or full-time
corrections officer |
| 22 | | employed by the federal government or by a state or local
|
| 23 | | government located outside of Illinois, for which credit is not |
| 24 | | held in any
other public employee pension fund or retirement |
| 25 | | system. To obtain this
credit, the applicant must file a |
| 26 | | written application with the Board by March
31, 1998, |
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| 1 | | accompanied by evidence of eligibility acceptable to the Board |
| 2 | | and
payment of an amount to be determined by the Board, equal |
| 3 | | to (1) employee
contributions for the credit being established, |
| 4 | | based upon the applicant's
salary on the first day as an |
| 5 | | alternative formula employee after the employment
for which |
| 6 | | credit is being established and the rates then applicable to
|
| 7 | | alternative formula employees, plus (2) an amount determined by |
| 8 | | the Board
to be the employer's normal cost of the benefits |
| 9 | | accrued for the credit being
established, plus (3) regular |
| 10 | | interest on the amounts in items (1) and (2) from
the first day |
| 11 | | as an alternative formula employee after the employment for |
| 12 | | which
credit is being established to the date of payment.
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| 13 | | (l) Subject to the limitation in subsection (i), a security |
| 14 | | employee of
the Department of Corrections may elect, not later |
| 15 | | than July 1, 1998, to
establish eligible creditable service for |
| 16 | | up to 10 years of his or her service
as a policeman under |
| 17 | | Article 3, by filing a written election with the Board,
|
| 18 | | accompanied by payment of an amount to be determined by the |
| 19 | | Board, equal to
(i) the difference between the amount of |
| 20 | | employee and employer contributions
transferred to the System |
| 21 | | under Section 3-110.5, and the amounts that would
have been |
| 22 | | contributed had such contributions been made at the rates |
| 23 | | applicable
to security employees of the Department of |
| 24 | | Corrections, plus (ii) interest
thereon at the effective rate |
| 25 | | for each year, compounded annually, from the date
of service to |
| 26 | | the date of payment.
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| | SB0440 | - 23 - | LRB099 03101 RPS 23109 b |
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| 1 | | (m) The amendatory changes to this Section made by this |
| 2 | | amendatory Act of the 94th General Assembly apply only to: (1) |
| 3 | | security employees of the Department of Juvenile Justice |
| 4 | | employed by the Department of Corrections before the effective |
| 5 | | date of this amendatory Act of the 94th General Assembly and |
| 6 | | transferred to the Department of Juvenile Justice by this |
| 7 | | amendatory Act of the 94th General Assembly; and (2) persons |
| 8 | | employed by the Department of Juvenile Justice on or after the |
| 9 | | effective date of this amendatory Act of the 94th General |
| 10 | | Assembly who are required by subsection (b) of Section 3-2.5-15 |
| 11 | | of the Unified Code of Corrections to have a bachelor's or |
| 12 | | advanced degree from an accredited college or university with a |
| 13 | | specialization in criminal justice, education, psychology, |
| 14 | | social work, or a closely related social science or, in the |
| 15 | | case of persons who provide vocational training, who are |
| 16 | | required to have adequate knowledge in the skill for which they |
| 17 | | are providing the vocational training.
|
| 18 | | (n) A person employed in a position under subsection (b) of |
| 19 | | this Section who has purchased service credit under subsection |
| 20 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in |
| 21 | | any other capacity under this Article may convert up to 5 years |
| 22 | | of that service credit into service credit covered under this |
| 23 | | Section by paying to the Fund an amount equal to (1) the |
| 24 | | additional employee contribution required under Section |
| 25 | | 14-133, plus (2) the additional employer contribution required |
| 26 | | under Section 14-131, plus (3) interest on items (1) and (2) at |