|
|||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning public employee benefits.
| ||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||||||||||||||
5 | Sections 3-110.6, 5-236, 7-139.8, 9-121.10, 14-110, and | ||||||||||||||||||||||||||||||||||||
6 | 15-134.4 as follows:
| ||||||||||||||||||||||||||||||||||||
7 | (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
| ||||||||||||||||||||||||||||||||||||
8 | Sec. 3-110.6. Transfer to Article 14 System.
| ||||||||||||||||||||||||||||||||||||
9 | (a) Any active member of the State Employees' Retirement | ||||||||||||||||||||||||||||||||||||
10 | System who is
a State policeman, an investigator for the | ||||||||||||||||||||||||||||||||||||
11 | Secretary of State, a conservation police officer, an | ||||||||||||||||||||||||||||||||||||
12 | investigator for the Office of the Attorney General, an | ||||||||||||||||||||||||||||||||||||
13 | investigator for the Office of the State's Attorneys Appellate
| ||||||||||||||||||||||||||||||||||||
14 | Prosecutor, or a controlled substance inspector may apply for | ||||||||||||||||||||||||||||||||||||
15 | transfer of
some or all of his or her creditable service | ||||||||||||||||||||||||||||||||||||
16 | accumulated
in any police pension fund under this Article to | ||||||||||||||||||||||||||||||||||||
17 | the State Employees'
Retirement System in accordance with | ||||||||||||||||||||||||||||||||||||
18 | Section 14-110. The creditable
service shall be transferred | ||||||||||||||||||||||||||||||||||||
19 | only upon payment by the police pension fund to
the State | ||||||||||||||||||||||||||||||||||||
20 | Employees' Retirement System of an amount equal to:
| ||||||||||||||||||||||||||||||||||||
21 | (1) the amounts accumulated to the credit of the | ||||||||||||||||||||||||||||||||||||
22 | applicant for the service to be transferred on the books
of | ||||||||||||||||||||||||||||||||||||
23 | the fund on the date of transfer; and
|
| |||||||
| |||||||
1 | (2) employer contributions in an amount equal to the | ||||||
2 | amount determined
under subparagraph (1); and
| ||||||
3 | (3) any interest paid by the applicant in order to | ||||||
4 | reinstate service to be transferred.
| ||||||
5 | Participation in the police pension fund with respect to the | ||||||
6 | service to be transferred shall terminate on the date
of | ||||||
7 | transfer.
| ||||||
8 | (b) Any person applying to transfer service under this | ||||||
9 | Section may reinstate service that was
terminated by receipt of | ||||||
10 | a refund, by paying to the police pension fund the
amount of | ||||||
11 | the refund with interest thereon at the rate of 6% per year,
| ||||||
12 | compounded annually, from the date of refund to the date of | ||||||
13 | payment.
| ||||||
14 | (Source: P.A. 95-530, eff. 8-28-07.)
| ||||||
15 | (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
| ||||||
16 | Sec. 5-236. Transfer to Article 14.
| ||||||
17 | (a) Any active member of the State Employees'
Retirement | ||||||
18 | System who is a State policeman, conservation police officer, | ||||||
19 | an investigator for the Office of the Attorney General, or | ||||||
20 | investigator for the
Secretary of State may apply for transfer | ||||||
21 | of some or all of his or her
creditable service
accumulated | ||||||
22 | under this Article to the State Employees' Retirement System in | ||||||
23 | accordance with Section 14-110.
At the time of the transfer the | ||||||
24 | Fund shall pay to the State Employees'
Retirement System an | ||||||
25 | amount equal to:
|
| |||||||
| |||||||
1 | (1) the amounts accumulated to the credit of the | ||||||
2 | applicant for the service to be transferred on the books
of | ||||||
3 | the Fund on the date of transfer; and
| ||||||
4 | (2) the corresponding municipality credits, including | ||||||
5 | interest, on the
books of the Fund on the date of transfer; | ||||||
6 | and
| ||||||
7 | (3) any interest paid by the applicant in order to | ||||||
8 | reinstate service to be transferred.
| ||||||
9 | Participation in this Fund with respect to the service to be | ||||||
10 | transferred shall terminate on the date of transfer.
| ||||||
11 | (b) Any such State policeman, conservation police officer, | ||||||
12 | or investigator
for the Secretary of State may reinstate | ||||||
13 | service that was terminated by
receipt of a refund, by paying | ||||||
14 | to the Fund the amount of the refund with
interest thereon at | ||||||
15 | the rate of 6% per year, compounded annually, from the
date of | ||||||
16 | refund to the date of payment.
| ||||||
17 | (c) Within 30 days after the effective date of this | ||||||
18 | amendatory Act of
1993, any active member of the State | ||||||
19 | Employees' Retirement System who was
earning eligible | ||||||
20 | creditable service under subdivision (b)(12) of Section
14-110 | ||||||
21 | on January 1, 1992 and who has at least 17 years of creditable
| ||||||
22 | service under this Article may apply for transfer of his | ||||||
23 | creditable service
accumulated under this Article to the State | ||||||
24 | Employees' Retirement System.
At the time of the transfer the | ||||||
25 | Fund shall pay to the State Employees'
Retirement System an | ||||||
26 | amount equal to:
|
| |||||||
| |||||||
1 | (1) the amounts accumulated to the credit of the | ||||||
2 | applicant on the books
of the Fund on the date of transfer; | ||||||
3 | and
| ||||||
4 | (2) the corresponding municipality credits, including | ||||||
5 | interest, on the
books of the Fund on the date of transfer.
| ||||||
6 | Participation in this Fund shall terminate on the date of | ||||||
7 | transfer.
| ||||||
8 | (Source: P.A. 95-530, eff. 8-28-07.)"; and
| ||||||
9 | (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
| ||||||
10 | Sec. 7-139.8. Transfer to Article 14 System.
| ||||||
11 | (a) Any active member of the State Employees' Retirement | ||||||
12 | System who is a State policeman, an investigator for the | ||||||
13 | Secretary of State, a conservation police officer, an | ||||||
14 | investigator for the Office of the Attorney General, an
| ||||||
15 | investigator for the Office of the State's Attorneys Appellate | ||||||
16 | Prosecutor,
or a controlled substance inspector
may apply for | ||||||
17 | transfer of some or all of his or her credits and creditable | ||||||
18 | service
accumulated in this Fund for service as a sheriff's law | ||||||
19 | enforcement
employee , person employed by a participating | ||||||
20 | municipality to perform police duties, or law enforcement | ||||||
21 | officer employed on a full-time basis by a forest preserve | ||||||
22 | district to the State Employees' Retirement System in | ||||||
23 | accordance with
Section 14-110. The creditable service shall be | ||||||
24 | transferred only upon payment
by this Fund to the State | ||||||
25 | Employees' Retirement System of an amount equal to:
|
| |||||||
| |||||||
1 | (1) the amounts accumulated to the credit of the | ||||||
2 | applicant for the service
to be transferred, including | ||||||
3 | interest; and
| ||||||
4 | (2) municipality credits based on such service, | ||||||
5 | including interest; and
| ||||||
6 | (3) any interest paid by the applicant to reinstate | ||||||
7 | such service.
| ||||||
8 | Participation in this Fund as to any credits transferred under | ||||||
9 | this
Section shall terminate on the date of transfer.
| ||||||
10 | (b) Any person applying to transfer service under this | ||||||
11 | Section may reinstate credits and
creditable service | ||||||
12 | terminated upon receipt of a separation benefit, by paying
to | ||||||
13 | the Fund the amount of the separation benefit plus interest | ||||||
14 | thereon at the
rate of 6% per year to the date of payment.
| ||||||
15 | (Source: P.A. 95-530, eff. 8-28-07.)
| ||||||
16 | (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
| ||||||
17 | Sec. 9-121.10. Transfer to Article 14.
| ||||||
18 | (a) Any active member of the State Employees'
Retirement | ||||||
19 | System who is a State policeman, investigator for the Office of | ||||||
20 | the Attorney General, investigator for the Secretary of State, | ||||||
21 | or conservation police officer may apply for transfer of some
| ||||||
22 | or all of his creditable service as a member of the County | ||||||
23 | Police
Department , a county corrections officer, or a court | ||||||
24 | services officer accumulated under this Article to the State | ||||||
25 | Employees'
Retirement System in accordance with Section |
| |||||||
| |||||||
1 | 14-110. At the time of the transfer the Fund shall pay to the
| ||||||
2 | State Employees' Retirement System an amount equal to:
| ||||||
3 | (1) the amounts accumulated to the credit of the | ||||||
4 | applicant on the
books of the Fund on the date of transfer | ||||||
5 | for the service to be
transferred; and
| ||||||
6 | (2) the corresponding municipality credits, including | ||||||
7 | interest, on the
books of the Fund on the date of transfer; | ||||||
8 | and
| ||||||
9 | (3) any interest paid by the applicant in order to | ||||||
10 | reinstate such service.
| ||||||
11 | Participation in this Fund with respect to the credits | ||||||
12 | transferred shall
terminate on the date of transfer.
| ||||||
13 | (b) Any person applying to transfer service under this | ||||||
14 | Section
may reinstate credit for service as a member of the | ||||||
15 | County Police
Department that was terminated by receipt of a | ||||||
16 | refund, by paying to the
Fund the amount of the refund with | ||||||
17 | interest thereon at the rate of 6% per
year, compounded | ||||||
18 | annually, from the date of refund to the date of payment.
| ||||||
19 | (Source: P.A. 95-530, eff. 8-28-07.)
| ||||||
20 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
21 | Sec. 14-110. Alternative retirement annuity.
| ||||||
22 | (a) Any member who has withdrawn from service with not less | ||||||
23 | than 20
years of eligible creditable service and has attained | ||||||
24 | age 55, and any
member who has withdrawn from service with not | ||||||
25 | less than 25 years of
eligible creditable service and has |
| |||||||
| |||||||
1 | attained age 50, regardless of whether
the attainment of either | ||||||
2 | of the specified ages occurs while the member is
still in | ||||||
3 | service, shall be entitled to receive at the option of the | ||||||
4 | member,
in lieu of the regular or minimum retirement annuity, a | ||||||
5 | retirement annuity
computed as follows:
| ||||||
6 | (i) for periods of service as a noncovered employee:
if | ||||||
7 | retirement occurs on or after January 1, 2001, 3% of final
| ||||||
8 | average compensation for each year of creditable service; | ||||||
9 | if retirement occurs
before January 1, 2001, 2 1/4% of | ||||||
10 | final average compensation for each of the
first 10 years | ||||||
11 | of creditable service, 2 1/2% for each year above 10 years | ||||||
12 | to
and including 20 years of creditable service, and 2 3/4% | ||||||
13 | for each year of
creditable service above 20 years; and
| ||||||
14 | (ii) for periods of eligible creditable service as a | ||||||
15 | covered employee:
if retirement occurs on or after January | ||||||
16 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
17 | of creditable service; if retirement occurs before
January | ||||||
18 | 1, 2001, 1.67% of final average compensation for each of | ||||||
19 | the first
10 years of such service, 1.90% for each of the | ||||||
20 | next 10 years of such service,
2.10% for each year of such | ||||||
21 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
22 | each year in excess of 30.
| ||||||
23 | Such annuity shall be subject to a maximum of 75% of final | ||||||
24 | average
compensation if retirement occurs before January 1, | ||||||
25 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
26 | retirement occurs on or after January
1, 2001.
|
| |||||||
| |||||||
1 | These rates shall not be applicable to any service | ||||||
2 | performed
by a member as a covered employee which is not | ||||||
3 | eligible creditable service.
Service as a covered employee | ||||||
4 | which is not eligible creditable service
shall be subject to | ||||||
5 | the rates and provisions of Section 14-108.
| ||||||
6 | (b) For the purpose of this Section, "eligible creditable | ||||||
7 | service" means
creditable service resulting from service in one | ||||||
8 | or more of the following
positions:
| ||||||
9 | (1) State policeman;
| ||||||
10 | (2) fire fighter in the fire protection service of a | ||||||
11 | department;
| ||||||
12 | (3) air pilot;
| ||||||
13 | (4) special agent;
| ||||||
14 | (5) investigator for the Secretary of State;
| ||||||
15 | (6) conservation police officer;
| ||||||
16 | (7) investigator for the Department of Revenue;
| ||||||
17 | (8) security employee of the Department of Human | ||||||
18 | Services;
| ||||||
19 | (9) Central Management Services security police | ||||||
20 | officer;
| ||||||
21 | (10) security employee of the Department of | ||||||
22 | Corrections or the Department of Juvenile Justice;
| ||||||
23 | (11) dangerous drugs investigator;
| ||||||
24 | (12) investigator for the Department of State Police;
| ||||||
25 | (13) investigator for the Office of the Attorney | ||||||
26 | General;
|
| |||||||
| |||||||
1 | (14) controlled substance inspector;
| ||||||
2 | (15) investigator for the Office of the State's | ||||||
3 | Attorneys Appellate
Prosecutor;
| ||||||
4 | (16) Commerce Commission police officer;
| ||||||
5 | (17) arson investigator;
| ||||||
6 | (18) State highway maintenance worker.
| ||||||
7 | A person employed in one of the positions specified in this | ||||||
8 | subsection is
entitled to eligible creditable service for | ||||||
9 | service credit earned under this
Article while undergoing the | ||||||
10 | basic police training course approved by the
Illinois Law | ||||||
11 | Enforcement Training
Standards Board, if
completion of that | ||||||
12 | training is required of persons serving in that position.
For | ||||||
13 | the purposes of this Code, service during the required basic | ||||||
14 | police
training course shall be deemed performance of the | ||||||
15 | duties of the specified
position, even though the person is not | ||||||
16 | a sworn peace officer at the time of
the training.
| ||||||
17 | (c) For the purposes of this Section:
| ||||||
18 | (1) The term "state policeman" includes any title or | ||||||
19 | position
in the Department of State Police that is held by | ||||||
20 | an individual employed
under the State Police Act.
| ||||||
21 | (2) The term "fire fighter in the fire protection | ||||||
22 | service of a
department" includes all officers in such fire | ||||||
23 | protection service
including fire chiefs and assistant | ||||||
24 | fire chiefs.
| ||||||
25 | (3) The term "air pilot" includes any employee whose | ||||||
26 | official job
description on file in the Department of |
| |||||||
| |||||||
1 | Central Management Services, or
in the department by which | ||||||
2 | he is employed if that department is not covered
by the | ||||||
3 | Personnel Code, states that his principal duty is the | ||||||
4 | operation of
aircraft, and who possesses a pilot's license; | ||||||
5 | however, the change in this
definition made by this | ||||||
6 | amendatory Act of 1983 shall not operate to exclude
any | ||||||
7 | noncovered employee who was an "air pilot" for the purposes | ||||||
8 | of this
Section on January 1, 1984.
| ||||||
9 | (4) The term "special agent" means any person who by | ||||||
10 | reason of
employment by the Division of Narcotic Control, | ||||||
11 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
12 | Division of Criminal Investigation, the
Division of | ||||||
13 | Internal Investigation, the Division of Operations, or any
| ||||||
14 | other Division or organizational
entity in the Department | ||||||
15 | of State Police is vested by law with duties to
maintain | ||||||
16 | public order, investigate violations of the criminal law of | ||||||
17 | this
State, enforce the laws of this State, make arrests | ||||||
18 | and recover property.
The term "special agent" includes any | ||||||
19 | title or position in the Department
of State Police that is | ||||||
20 | held by an individual employed under the State
Police Act.
| ||||||
21 | (5) The term "investigator for the Secretary of State" | ||||||
22 | means any person
employed by the Office of the Secretary of | ||||||
23 | State and vested with such
investigative duties as render | ||||||
24 | him ineligible for coverage under the Social
Security Act | ||||||
25 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
26 | 218(l)(1)
of that Act.
|
| |||||||
| |||||||
1 | A person who became employed as an investigator for the | ||||||
2 | Secretary of
State between January 1, 1967 and December 31, | ||||||
3 | 1975, and who has served as
such until attainment of age | ||||||
4 | 60, either continuously or with a single break
in service | ||||||
5 | of not more than 3 years duration, which break terminated | ||||||
6 | before
January 1, 1976, shall be entitled to have his | ||||||
7 | retirement annuity
calculated in accordance with | ||||||
8 | subsection (a), notwithstanding
that he has less than 20 | ||||||
9 | years of credit for such service.
| ||||||
10 | (6) The term "Conservation Police Officer" means any | ||||||
11 | person employed
by the Division of Law Enforcement of the | ||||||
12 | Department of Natural Resources and
vested with such law | ||||||
13 | enforcement duties as render him ineligible for coverage
| ||||||
14 | under the Social Security Act by reason of Sections | ||||||
15 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
16 | term "Conservation Police Officer" includes
the positions | ||||||
17 | of Chief Conservation Police Administrator and Assistant
| ||||||
18 | Conservation Police Administrator.
| ||||||
19 | (7) The term "investigator for the Department of | ||||||
20 | Revenue" means any
person employed by the Department of | ||||||
21 | Revenue and vested with such
investigative duties as render | ||||||
22 | him ineligible for coverage under the Social
Security Act | ||||||
23 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
24 | 218(l)(1)
of that Act.
| ||||||
25 | (8) The term "security employee of the Department of | ||||||
26 | Human Services"
means any person employed by the Department |
| |||||||
| |||||||
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
| ||||||
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.
| ||||||
25 | The changes made to this subdivision (c)(8) by Public | ||||||
26 | Act 92-14 apply to persons who retire on or after January |
| |||||||
| |||||||
1 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
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.
| ||||||
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
| ||||||
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 |
| |||||||
| |||||||
1 | unit, (v) a member of the sort team, or (vi) an | ||||||
2 | investigator.
| ||||||
3 | (11) The term "dangerous drugs investigator" means any | ||||||
4 | person who is
employed as such by the Department of Human | ||||||
5 | Services.
| ||||||
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
| ||||||
11 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
12 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
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.
| ||||||
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
|
| |||||||
| |||||||
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
| ||||||
4 | Executive of Enforcement and the Assistant Program | ||||||
5 | Executive of Enforcement.
| ||||||
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
| ||||||
10 | Appellate Prosecutor's Act.
| ||||||
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
| ||||||
16 | 218(l)(1) of that Act.
| ||||||
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
| ||||||
26 | employment as an arson investigator into eligible |
| |||||||
| |||||||
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.
| ||||||
7 | (18) The term "State highway maintenance worker" means | ||||||
8 | a person who is
either of the following:
| ||||||
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.
| ||||||
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,
| ||||||
23 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
24 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
25 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
26 | roadway lighting H-6,
structural H-4,
structural H-6,
|
| |||||||
| |||||||
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.
| ||||||
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:
| ||||||
13 | (i) 25 years of eligible creditable service and age 55; | ||||||
14 | or
| ||||||
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
| ||||||
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
| ||||||
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
| ||||||
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
|
| |||||||
| |||||||
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.
| ||||||
4 | Persons who have service credit under Article 16 of this | ||||||
5 | Code for service
as a security employee of the Department of | ||||||
6 | Corrections or the Department of Juvenile Justice, or the | ||||||
7 | Department
of Human Services in a position requiring | ||||||
8 | certification as a teacher may
count such service toward | ||||||
9 | establishing their eligibility under the service
requirements | ||||||
10 | of this Section; but such service may be used only for
| ||||||
11 | establishing such eligibility, and not for the purpose of | ||||||
12 | increasing or
calculating any benefit.
| ||||||
13 | (e) If a member enters military service while working in a | ||||||
14 | position in
which eligible creditable service may be earned, | ||||||
15 | and returns to State
service in the same or another such | ||||||
16 | position, and fulfills in all other
respects the conditions | ||||||
17 | prescribed in this Article for credit for military
service, | ||||||
18 | such military service shall be credited as eligible creditable
| ||||||
19 | service for the purposes of the retirement annuity prescribed | ||||||
20 | in this Section.
| ||||||
21 | (f) For purposes of calculating retirement annuities under | ||||||
22 | this
Section, periods of service rendered after December 31, | ||||||
23 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
24 | position of special agent,
conservation police officer, mental | ||||||
25 | health police officer, or investigator
for the Secretary of | ||||||
26 | State, shall be deemed to have been service as a
noncovered |
| |||||||
| |||||||
1 | employee, provided that the employee pays to the System prior | ||||||
2 | to
retirement an amount equal to (1) the difference between the | ||||||
3 | employee
contributions that would have been required for such | ||||||
4 | service as a
noncovered employee, and the amount of employee | ||||||
5 | contributions actually
paid, plus (2) if payment is made after | ||||||
6 | July 31, 1987, regular interest
on the amount specified in item | ||||||
7 | (1) from the date of service to the date
of payment.
| ||||||
8 | For purposes of calculating retirement annuities under | ||||||
9 | this Section,
periods of service rendered after December 31, | ||||||
10 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
11 | position of investigator for the
Department of Revenue shall be | ||||||
12 | deemed to have been service as a noncovered
employee, provided | ||||||
13 | that the employee pays to the System prior to retirement
an | ||||||
14 | amount equal to (1) the difference between the employee | ||||||
15 | contributions
that would have been required for such service as | ||||||
16 | a noncovered employee,
and the amount of employee contributions | ||||||
17 | actually paid, plus (2) if payment
is made after January 1, | ||||||
18 | 1990, regular interest on the amount specified in
item (1) from | ||||||
19 | the date of service to the date of payment.
| ||||||
20 | (g) A State policeman may elect, not later than January 1, | ||||||
21 | 1990, to
establish eligible creditable service for up to 10 | ||||||
22 | years of his service as
a policeman under Article 3, by filing | ||||||
23 | a written election with the Board,
accompanied by payment of an | ||||||
24 | amount to be determined by the Board, equal to
(i) the | ||||||
25 | difference between the amount of employee and employer
| ||||||
26 | contributions transferred to the System under Section 3-110.5, |
| |||||||
| |||||||
1 | and the
amounts that would have been contributed had such | ||||||
2 | contributions been made
at the rates applicable to State | ||||||
3 | policemen, plus (ii) interest thereon at
the effective rate for | ||||||
4 | each year, compounded annually, from the date of
service to the | ||||||
5 | date of payment.
| ||||||
6 | Subject to the limitation in subsection (i), a State | ||||||
7 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
8 | eligible creditable service for
up to 10 years of his service | ||||||
9 | as a member of the County Police Department
under Article 9, by | ||||||
10 | filing a written election with the Board, accompanied
by | ||||||
11 | payment of an amount to be determined by the Board, equal to | ||||||
12 | (i) the
difference between the amount of employee and employer | ||||||
13 | contributions
transferred to the System under Section 9-121.10 | ||||||
14 | and the amounts that would
have been contributed had those | ||||||
15 | contributions been made at the rates
applicable to State | ||||||
16 | policemen, plus (ii) interest thereon at the effective
rate for | ||||||
17 | each year, compounded annually, from the date of service to the
| ||||||
18 | date of payment.
| ||||||
19 | (h) Subject to the limitation in subsection (i), a State | ||||||
20 | policeman or
investigator for the Secretary of State may elect | ||||||
21 | to establish eligible
creditable service for up to 12 years of | ||||||
22 | his service as a policeman under
Article 5, by filing a written | ||||||
23 | election with the Board on or before January
31, 1992, and | ||||||
24 | paying to the System by January 31, 1994 an amount to be
| ||||||
25 | determined by the Board, equal to (i) the difference between | ||||||
26 | the amount of
employee and employer contributions transferred |
| |||||||
| |||||||
1 | to the System under Section
5-236, and the amounts that would | ||||||
2 | have been contributed had such
contributions been made at the | ||||||
3 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
4 | at the effective rate for each year, compounded
annually, from | ||||||
5 | the date of service to the date of payment.
| ||||||
6 | Subject to the limitation in subsection (i), a State | ||||||
7 | policeman,
conservation police officer, or investigator for | ||||||
8 | the Secretary of State may
elect to establish eligible | ||||||
9 | creditable service for up to 10 years of
service as a sheriff's | ||||||
10 | law enforcement employee under Article 7, by filing
a written | ||||||
11 | election with the Board on or before January 31, 1993, and | ||||||
12 | paying
to the System by January 31, 1994 an amount to be | ||||||
13 | determined by the Board,
equal to (i) the difference between | ||||||
14 | the amount of employee and
employer contributions transferred | ||||||
15 | to the System under Section
7-139.7, and the amounts that would | ||||||
16 | have been contributed had such
contributions been made at the | ||||||
17 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
18 | at the effective rate for each year, compounded
annually, from | ||||||
19 | the date of service to the date of payment.
| ||||||
20 | Subject to the limitation in subsection (i), a State | ||||||
21 | policeman,
conservation police officer, investigator for the | ||||||
22 | Office of the Attorney General, or investigator for the | ||||||
23 | Secretary of State may
elect to establish eligible creditable | ||||||
24 | service for up to 5 years of
service as a police officer under | ||||||
25 | Article 3, a policeman under Article 5, a sheriff's law | ||||||
26 | enforcement employee , a person employed by a participating |
| |||||||
| |||||||
1 | municipality to perform police duties, or law enforcement | ||||||
2 | officer employed on a full-time basis by a forest preserve | ||||||
3 | district under Article 7, a member of the county police | ||||||
4 | department , a county corrections officer, or a court services | ||||||
5 | officer under Article 9, or a police officer under Article 15 | ||||||
6 | by filing
a written election with the Board and paying
to the | ||||||
7 | System an amount to be determined by the Board,
equal to (i) | ||||||
8 | the difference between the amount of employee and
employer | ||||||
9 | contributions transferred to the System under Section
3-110.6, | ||||||
10 | 5-236, 7-139.8, 9-121.10, or 15-134.4 and the amounts that | ||||||
11 | would have been contributed had such
contributions been made at | ||||||
12 | the rates applicable to State policemen, plus
(ii) interest | ||||||
13 | thereon at the effective rate for each year, compounded
| ||||||
14 | annually, from the date of service to the date of payment. | ||||||
15 | (i) The total amount of eligible creditable service | ||||||
16 | established by any
person under subsections (g), (h), (j), (k), | ||||||
17 | and (l) of this
Section shall not exceed 12 years.
| ||||||
18 | (j) Subject to the limitation in subsection (i), an | ||||||
19 | investigator for
the Office of the State's Attorneys Appellate | ||||||
20 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
21 | establish eligible creditable service for up to 10 years of his | ||||||
22 | service as
a policeman under Article 3 or a sheriff's law | ||||||
23 | enforcement employee under
Article 7, by filing a written | ||||||
24 | election with the Board, accompanied by
payment of an amount to | ||||||
25 | be determined by the Board, equal to (1) the
difference between | ||||||
26 | the amount of employee and employer contributions
transferred |
| |||||||
| |||||||
1 | to the System under Section 3-110.6 or 7-139.8, and the amounts
| ||||||
2 | that would have been contributed had such contributions been | ||||||
3 | made at the
rates applicable to State policemen, plus (2) | ||||||
4 | interest thereon at the
effective rate for each year, | ||||||
5 | compounded annually, from the date of service
to the date of | ||||||
6 | payment.
| ||||||
7 | (k) Subject to the limitation in subsection (i) of this | ||||||
8 | Section, an
alternative formula employee may elect to establish | ||||||
9 | eligible creditable
service for periods spent as a full-time | ||||||
10 | law enforcement officer or full-time
corrections officer | ||||||
11 | employed by the federal government or by a state or local
| ||||||
12 | government located outside of Illinois, for which credit is not | ||||||
13 | held in any
other public employee pension fund or retirement | ||||||
14 | system. To obtain this
credit, the applicant must file a | ||||||
15 | written application with the Board by March
31, 1998, | ||||||
16 | accompanied by evidence of eligibility acceptable to the Board | ||||||
17 | and
payment of an amount to be determined by the Board, equal | ||||||
18 | to (1) employee
contributions for the credit being established, | ||||||
19 | based upon the applicant's
salary on the first day as an | ||||||
20 | alternative formula employee after the employment
for which | ||||||
21 | credit is being established and the rates then applicable to
| ||||||
22 | alternative formula employees, plus (2) an amount determined by | ||||||
23 | the Board
to be the employer's normal cost of the benefits | ||||||
24 | accrued for the credit being
established, plus (3) regular | ||||||
25 | interest on the amounts in items (1) and (2) from
the first day | ||||||
26 | as an alternative formula employee after the employment for |
| |||||||
| |||||||
1 | which
credit is being established to the date of payment.
| ||||||
2 | (l) Subject to the limitation in subsection (i), a security | ||||||
3 | employee of
the Department of Corrections may elect, not later | ||||||
4 | than July 1, 1998, to
establish eligible creditable service for | ||||||
5 | up to 10 years of his or her service
as a policeman under | ||||||
6 | Article 3, by filing a written election with the Board,
| ||||||
7 | accompanied by payment of an amount to be determined by the | ||||||
8 | Board, equal to
(i) the difference between the amount of | ||||||
9 | employee and employer contributions
transferred to the System | ||||||
10 | under Section 3-110.5, and the amounts that would
have been | ||||||
11 | contributed had such contributions been made at the rates | ||||||
12 | applicable
to security employees of the Department of | ||||||
13 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
14 | for each year, compounded annually, from the date
of service to | ||||||
15 | the date of payment.
| ||||||
16 | (m) The amendatory changes to this Section made by this | ||||||
17 | amendatory Act of the 94th General Assembly apply only to: (1) | ||||||
18 | security employees of the Department of Juvenile Justice | ||||||
19 | employed by the Department of Corrections before the effective | ||||||
20 | date of this amendatory Act of the 94th General Assembly and | ||||||
21 | transferred to the Department of Juvenile Justice by this | ||||||
22 | amendatory Act of the 94th General Assembly; and (2) persons | ||||||
23 | employed by the Department of Juvenile Justice on or after the | ||||||
24 | effective date of this amendatory Act of the 94th General | ||||||
25 | Assembly who are required by subsection (b) of Section 3-2.5-15 | ||||||
26 | of the Unified Code of Corrections to have a bachelor's or |
| |||||||
| |||||||
1 | advanced degree from an accredited college or university with a | ||||||
2 | specialization in criminal justice, education, psychology, | ||||||
3 | social work, or a closely related social science or, in the | ||||||
4 | case of persons who provide vocational training, who are | ||||||
5 | required to have adequate knowledge in the skill for which they | ||||||
6 | are providing the vocational training.
| ||||||
7 | (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530, | ||||||
8 | eff. 8-28-07.)
| ||||||
9 | (40 ILCS 5/15-134.4) (from Ch. 108 1/2, par. 15-134.4)
| ||||||
10 | Sec. 15-134.4. Transfer of creditable service to the
| ||||||
11 | Article 5 Pension Fund or Article 14 System.
| ||||||
12 | (a) An active member of the Pension Fund established under | ||||||
13 | Article 5 of this
Code may apply, not later than January 1, | ||||||
14 | 1990, to transfer his or her
credits and creditable service
| ||||||
15 | accumulated under this System for service with the City | ||||||
16 | Colleges of Chicago
teaching in the Criminal Justice Program, | ||||||
17 | to the Article 5 Fund. Such
credits and creditable service | ||||||
18 | shall be transferred forthwith. | ||||||
19 | Payment by this
System to the Article 5 Fund shall be made | ||||||
20 | at the same time and shall
consist of: | ||||||
21 | (1) the amounts credited to the applicant for such | ||||||
22 | service
through employee contributions, including | ||||||
23 | interest, as of the date of
transfer; and | ||||||
24 | (2) employer contributions equal in amount to the | ||||||
25 | accumulated
employee contributions as determined in item |
| |||||||
| |||||||
1 | (1).
| ||||||
2 | Participation in this
System with respect to such credits shall | ||||||
3 | terminate on the date of transfer.
| ||||||
4 | (b) Any active member of the State Employees' Retirement | ||||||
5 | System who is
a State policeman, an investigator for the Office | ||||||
6 | of the Attorney General, an investigator for the Secretary of | ||||||
7 | State, or a conservation police officer may apply for transfer | ||||||
8 | of
some or all of his or her creditable service accumulated
in | ||||||
9 | this System for service as a police officer to the State | ||||||
10 | Employees'
Retirement System in accordance with Section | ||||||
11 | 14-110. The creditable service shall be transferred only upon | ||||||
12 | payment
by this System to the State Employees' Retirement | ||||||
13 | System of an amount equal to:
| ||||||
14 | (1) the amounts accumulated to the credit of the | ||||||
15 | applicant for the service to be transferred, including | ||||||
16 | interest, as of the date of transfer; and
| ||||||
17 | (2) employer contributions equal in amount to the | ||||||
18 | accumulated
employee contributions as determined in item | ||||||
19 | (1); and
| ||||||
20 | (3) any interest paid by the applicant to reinstate | ||||||
21 | such service.
| ||||||
22 | Participation in this System as to any credits transferred | ||||||
23 | under this
Section shall terminate on the date of transfer.
| ||||||
24 | (c) Any person applying to transfer service under | ||||||
25 | subsection (b) may reinstate credits and
creditable service | ||||||
26 | terminated upon receipt of a refund by paying
to the System the |
| |||||||
| |||||||
1 | amount of the refund plus interest thereon at the
rate of 6% | ||||||
2 | per year from the date of the refund to the date of payment. | ||||||
3 | (Source: P.A. 95-530, eff. 8-28-07.)
| ||||||
4 | Section 90. The State Mandates Act is amended by adding | ||||||
5 | Section 8.33 as follows: | ||||||
6 | (30 ILCS 805/8.33 new) | ||||||
7 | Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
8 | of this Act, no reimbursement by the State is required for the | ||||||
9 | implementation of any mandate created by this amendatory Act of | ||||||
10 | the 96th General Assembly. | ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law. |