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Rep. Daniel V. Beiser
Filed: 3/5/2009
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09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
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| AMENDMENT TO HOUSE BILL 519
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| AMENDMENT NO. ______. Amend House Bill 519, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Illinois Pension Code is amended by |
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| changing Sections 3-110.6, 5-236, 7-139.8, 9-121.10, 14-110, |
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| and 15-134.4 as follows:
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| (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
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| Sec. 3-110.6. Transfer to Article 14 System.
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| (a) Any active member of the State Employees' Retirement |
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| System who is
a State policeman, an investigator for the |
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| Secretary of State, a conservation police officer, an |
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| investigator for the Office of the Attorney General, an |
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| investigator for the Office of the State's Attorneys Appellate
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| Prosecutor, or a controlled substance inspector may apply for |
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| transfer of
some or all of his or her creditable service |
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| accumulated
in any police pension fund under this Article to |
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| the State Employees'
Retirement System in accordance with |
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| Section 14-110. The creditable
service shall be transferred |
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| only upon payment by the police pension fund to
the State |
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| Employees' Retirement System of an amount equal to:
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| (1) the amounts accumulated to the credit of the |
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| applicant for the service to be transferred on the books
of |
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| the fund on the date of transfer; and
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| (2) employer contributions in an amount equal to the |
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| amount determined
under subparagraph (1); and
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| (3) any interest paid by the applicant in order to |
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| reinstate service to be transferred.
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| Participation in the police pension fund with respect to the |
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| service to be transferred shall terminate on the date
of |
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| transfer.
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| (b) Any person applying to transfer service under this |
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| Section may reinstate service that was
terminated by receipt of |
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| a refund, by paying to the police pension fund the
amount of |
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| the refund with interest thereon at the actuarially assumed |
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| rate of interest rate of 6% per year ,
compounded annually, from |
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| the date of refund to the date of payment.
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| (Source: P.A. 95-530, eff. 8-28-07.)
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| (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
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| Sec. 5-236. Transfer to Article 14.
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| (a) Any active member of the State Employees'
Retirement |
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LRB096 04706 AMC 22924 a |
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| System who is a State policeman, conservation police officer, |
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| an investigator for the Office of the Attorney General, or |
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| investigator for the
Secretary of State may apply for transfer |
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| of some or all of his or her
creditable service
accumulated |
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| under this Article to the State Employees' Retirement System in |
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| accordance with Section 14-110.
At the time of the transfer the |
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| Fund shall pay to the State Employees'
Retirement System an |
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| amount equal to:
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| (1) the amounts accumulated to the credit of the |
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| applicant for the service to be transferred on the books
of |
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| the Fund on the date of transfer; and
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| (2) the corresponding municipality credits, including |
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| interest, on the
books of the Fund on the date of transfer; |
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| and
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| (3) any interest paid by the applicant in order to |
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| reinstate service to be transferred.
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| Participation in this Fund with respect to the service to be |
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| transferred shall terminate on the date of transfer.
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| (b) Any such State policeman, conservation police officer, |
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| or investigator
for the Secretary of State may reinstate |
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| service that was terminated by
receipt of a refund, by paying |
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| to the Fund the amount of the refund with
interest thereon at |
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| the actuarially assumed rate of interest rate of 6% per year , |
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| compounded annually, from the
date of refund to the date of |
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| payment.
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| (c) Within 30 days after the effective date of this |
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| amendatory Act of
1993, any active member of the State |
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| Employees' Retirement System who was
earning eligible |
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| creditable service under subdivision (b)(12) of Section
14-110 |
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| on January 1, 1992 and who has at least 17 years of creditable
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| service under this Article may apply for transfer of his |
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| creditable service
accumulated under this Article to the State |
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| Employees' Retirement System.
At the time of the transfer the |
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| Fund shall pay to the State Employees'
Retirement System an |
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| amount equal to:
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| (1) the amounts accumulated to the credit of the |
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| applicant on the books
of the Fund on the date of transfer; |
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| and
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| (2) the corresponding municipality credits, including |
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| interest, on the
books of the Fund on the date of transfer.
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| Participation in this Fund shall terminate on the date of |
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| transfer.
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| (Source: P.A. 95-530, eff. 8-28-07.)"; and
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| (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
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| Sec. 7-139.8. Transfer to Article 14 System.
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| (a) Any active member of the State Employees' Retirement |
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| System who is a State policeman, an investigator for the |
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| Secretary of State, a conservation police officer, an |
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| investigator for the Office of the Attorney General, an
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| investigator for the Office of the State's Attorneys Appellate |
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| Prosecutor,
or a controlled substance inspector
may apply for |
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| transfer of some or all of his or her credits and creditable |
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| service
accumulated in this Fund for service as a sheriff's law |
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| enforcement
employee , person employed by a participating |
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| municipality to perform police duties, or law enforcement |
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| officer employed on a full-time basis by a forest preserve |
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| district to the State Employees' Retirement System in |
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| accordance with
Section 14-110. The creditable service shall be |
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| transferred only upon payment
by this Fund to the State |
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| Employees' Retirement System of an amount equal to:
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| (1) the amounts accumulated to the credit of the |
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| applicant for the service
to be transferred, including |
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| interest; and
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| (2) municipality credits based on such service, |
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| including interest; and
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| (3) any interest paid by the applicant to reinstate |
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| such service.
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| Participation in this Fund as to any credits transferred under |
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| this
Section shall terminate on the date of transfer.
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| (b) Any person applying to transfer service under this |
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| Section may reinstate credits and
creditable service |
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| terminated upon receipt of a separation benefit, by paying
to |
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| the Fund the amount of the separation benefit plus interest |
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| thereon at the actuarially assumed rate of interest
rate of 6% |
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| per year to the date of payment.
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| (Source: P.A. 95-530, eff. 8-28-07.)
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| (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
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| Sec. 9-121.10. Transfer to Article 14.
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| (a) Any active member of the State Employees'
Retirement |
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| System who is a State policeman, investigator for the Office of |
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| the Attorney General, investigator for the Secretary of State, |
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| or conservation police officer may apply for transfer of some
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| or all of his creditable service as a member of the County |
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| Police
Department , a county corrections officer, or a court |
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| services officer accumulated under this Article to the State |
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| Employees'
Retirement System in accordance with Section |
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| 14-110. At the time of the transfer the Fund shall pay to the
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| State Employees' Retirement System an amount equal to:
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| (1) the amounts accumulated to the credit of the |
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| applicant on the
books of the Fund on the date of transfer |
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| for the service to be
transferred; and
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| (2) the corresponding municipality credits, including |
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| interest, on the
books of the Fund on the date of transfer; |
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| and
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| (3) any interest paid by the applicant in order to |
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| reinstate such service.
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| Participation in this Fund with respect to the credits |
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| transferred shall
terminate on the date of transfer.
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| (b) Any person applying to transfer service under this |
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| Section
may reinstate credit for service as a member of the |
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| County Police
Department that was terminated by receipt of a |
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| refund, by paying to the
Fund the amount of the refund with |
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| interest thereon at the actuarially assumed rate of interest |
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| rate of 6% per
year , compounded annually, from the date of |
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| refund to the date of payment.
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| (Source: P.A. 95-530, eff. 8-28-07.)
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| (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
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| Sec. 14-110. Alternative retirement annuity.
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| (a) Any member who has withdrawn from service with not less |
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| than 20
years of eligible creditable service and has attained |
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| age 55, and any
member who has withdrawn from service with not |
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| less than 25 years of
eligible creditable service and has |
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| attained age 50, regardless of whether
the attainment of either |
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| of the specified ages occurs while the member is
still in |
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| service, shall be entitled to receive at the option of the |
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| member,
in lieu of the regular or minimum retirement annuity, a |
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| retirement annuity
computed as follows:
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| (i) for periods of service as a noncovered employee:
if |
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| retirement occurs on or after January 1, 2001, 3% of final
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| average compensation for each year of creditable service; |
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| if retirement occurs
before January 1, 2001, 2 1/4% of |
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| final average compensation for each of the
first 10 years |
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| of creditable service, 2 1/2% for each year above 10 years |
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| to
and including 20 years of creditable service, and 2 3/4% |
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| for each year of
creditable service above 20 years; and
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| (ii) for periods of eligible creditable service as a |
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| covered employee:
if retirement occurs on or after January |
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| 1, 2001, 2.5% of final average
compensation for each year |
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| of creditable service; if retirement occurs before
January |
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| 1, 2001, 1.67% of final average compensation for each of |
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| the first
10 years of such service, 1.90% for each of the |
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| next 10 years of such service,
2.10% for each year of such |
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| service in excess of 20 but not exceeding 30, and
2.30% for |
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| each year in excess of 30.
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| Such annuity shall be subject to a maximum of 75% of final |
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| average
compensation if retirement occurs before January 1, |
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| 2001 or to a maximum
of 80% of final average compensation if |
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| retirement occurs on or after January
1, 2001.
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| These rates shall not be applicable to any service |
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| performed
by a member as a covered employee which is not |
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| eligible creditable service.
Service as a covered employee |
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| which is not eligible creditable service
shall be subject to |
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| the rates and provisions of Section 14-108.
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| (b) For the purpose of this Section, "eligible creditable |
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| service" means
creditable service resulting from service in one |
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| or more of the following
positions:
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| (1) State policeman;
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| (2) fire fighter in the fire protection service of a |
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| department;
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| (3) air pilot;
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| (4) special agent;
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| (5) investigator for the Secretary of State;
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| (6) conservation police officer;
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| (7) investigator for the Department of Revenue;
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| (8) security employee of the Department of Human |
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| Services;
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| (9) Central Management Services security police |
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| officer;
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| (10) security employee of the Department of |
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| Corrections or the Department of Juvenile Justice;
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| (11) dangerous drugs investigator;
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| (12) investigator for the Department of State Police;
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| (13) investigator for the Office of the Attorney |
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| General;
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| (14) controlled substance inspector;
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| (15) investigator for the Office of the State's |
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| Attorneys Appellate
Prosecutor;
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| (16) Commerce Commission police officer;
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| (17) arson investigator;
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| (18) State highway maintenance worker.
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| A person employed in one of the positions specified in this |
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| subsection is
entitled to eligible creditable service for |
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| service credit earned under this
Article while undergoing the |
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| basic police training course approved by the
Illinois Law |
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| Enforcement Training
Standards Board, if
completion of that |
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| training is required of persons serving in that position.
For |
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| the purposes of this Code, service during the required basic |
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| police
training course shall be deemed performance of the |
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| duties of the specified
position, even though the person is not |
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| a sworn peace officer at the time of
the training.
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| (c) For the purposes of this Section:
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| (1) The term "state policeman" includes any title or |
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| position
in the Department of State Police that is held by |
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| an individual employed
under the State Police Act.
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| (2) The term "fire fighter in the fire protection |
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| service of a
department" includes all officers in such fire |
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| protection service
including fire chiefs and assistant |
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| fire chiefs.
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| (3) The term "air pilot" includes any employee whose |
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| official job
description on file in the Department of |
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| Central Management Services, or
in the department by which |
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| he is employed if that department is not covered
by the |
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| Personnel Code, states that his principal duty is the |
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| operation of
aircraft, and who possesses a pilot's license; |
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| however, the change in this
definition made by this |
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| amendatory Act of 1983 shall not operate to exclude
any |
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| noncovered employee who was an "air pilot" for the purposes |
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| of this
Section on January 1, 1984.
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| (4) The term "special agent" means any person who by |
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| reason of
employment by the Division of Narcotic Control, |
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| the Bureau of Investigation
or, after July 1, 1977, the |
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| Division of Criminal Investigation, the
Division of |
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| Internal Investigation, the Division of Operations, or any
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| other Division or organizational
entity in the Department |
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| of State Police is vested by law with duties to
maintain |
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| public order, investigate violations of the criminal law of |
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| this
State, enforce the laws of this State, make arrests |
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| and recover property.
The term "special agent" includes any |
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| title or position in the Department
of State Police that is |
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| held by an individual employed under the State
Police Act.
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| (5) The term "investigator for the Secretary of State" |
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| means any person
employed by the Office of the Secretary of |
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| State and vested with such
investigative duties as render |
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| him ineligible for coverage under the Social
Security Act |
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| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
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| 218(l)(1)
of that Act.
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| A person who became employed as an investigator for the |
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| Secretary of
State between January 1, 1967 and December 31, |
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| 1975, and who has served as
such until attainment of age |
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| 60, either continuously or with a single break
in service |
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| of not more than 3 years duration, which break terminated |
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| before
January 1, 1976, shall be entitled to have his |
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| retirement annuity
calculated in accordance with |
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| subsection (a), notwithstanding
that he has less than 20 |
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| years of credit for such service.
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| (6) The term "Conservation Police Officer" means any |
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| person employed
by the Division of Law Enforcement of the |
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| Department of Natural Resources and
vested with such law |
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| enforcement duties as render him ineligible for coverage
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| under the Social Security Act by reason of Sections |
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| 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The |
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| term "Conservation Police Officer" includes
the positions |
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| of Chief Conservation Police Administrator and Assistant
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| Conservation Police Administrator.
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| (7) The term "investigator for the Department of |
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| Revenue" means any
person employed by the Department of |
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| Revenue and vested with such
investigative duties as render |
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| him ineligible for coverage under the Social
Security Act |
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| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
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| 218(l)(1)
of that Act.
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| (8) The term "security employee of the Department of |
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| Human Services"
means any person employed by the Department |
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| of Human Services who (i) is
employed at the Chester Mental |
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| Health Center and has daily contact with the
residents |
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| thereof, (ii) is employed within a security unit at a |
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| facility
operated by the Department and has daily contact |
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| with the residents of the
security unit, (iii) is employed |
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| at a facility operated by the Department
that includes a |
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| security unit and is regularly scheduled to work at least
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| 50% of his or her working hours within that security unit, |
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| or (iv) is a mental health police officer.
"Mental health |
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| police officer" means any person employed by the Department |
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| of
Human Services in a position pertaining to the |
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| Department's mental health and
developmental disabilities |
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| functions who is vested with such law enforcement
duties as |
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| render the person ineligible for coverage under the Social |
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| Security
Act by reason of Sections 218(d)(5)(A), |
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| 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" |
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| means that portion of a facility that is devoted to
the |
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| care, containment, and treatment of persons committed to |
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| the Department of
Human Services as sexually violent |
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| persons, persons unfit to stand trial, or
persons not |
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| guilty by reason of insanity. With respect to past |
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| employment,
references to the Department of Human Services |
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| include its predecessor, the
Department of Mental Health |
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| and Developmental Disabilities.
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| The changes made to this subdivision (c)(8) by Public |
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| Act 92-14 apply to persons who retire on or after January |
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| 1,
2001, notwithstanding Section 1-103.1.
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| (9) "Central Management Services security police |
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| officer" means any
person employed by the Department of |
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| Central Management Services who is
vested with such law |
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| enforcement duties as render him ineligible for
coverage |
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| under the Social Security Act by reason of Sections |
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| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
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| (10) For a member who first became an employee under |
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| this Article before July 1, 2005, the term "security |
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| employee of the Department of Corrections or the Department |
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| of Juvenile Justice"
means any employee of the Department |
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| of Corrections or the Department of Juvenile Justice or the |
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| former
Department of Personnel, and any member or employee |
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| of the Prisoner
Review Board, who has daily contact with |
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| inmates or youth by working within a
correctional facility |
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| or Juvenile facility operated by the Department of Juvenile |
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| Justice or who is a parole officer or an employee who has
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| direct contact with committed persons in the performance of |
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| his or her
job duties. For a member who first becomes an |
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| employee under this Article on or after July 1, 2005, the |
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| term means an employee of the Department of Corrections or |
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| the Department of Juvenile Justice who is any of the |
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| following: (i) officially headquartered at a correctional |
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| facility or Juvenile facility operated by the Department of |
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| Juvenile Justice, (ii) a parole officer, (iii) a member of |
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| the apprehension unit, (iv) a member of the intelligence |
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| unit, (v) a member of the sort team, or (vi) an |
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| investigator.
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| (11) The term "dangerous drugs investigator" means any |
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| person who is
employed as such by the Department of Human |
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| Services.
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| (12) The term "investigator for the Department of State |
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| Police" means
a person employed by the Department of State |
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| Police who is vested under
Section 4 of the Narcotic |
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| Control Division Abolition Act with such
law enforcement |
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| powers as render him ineligible for coverage under the
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| Social Security Act by reason of Sections 218(d)(5)(A), |
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| 218(d)(8)(D) and
218(l)(1) of that Act.
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| (13) "Investigator for the Office of the Attorney |
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| General" means any
person who is employed as such by the |
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| Office of the Attorney General and
is vested with such |
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| investigative duties as render him ineligible for
coverage |
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| under the Social Security Act by reason of Sections |
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| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For |
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| the period before January 1,
1989, the term includes all |
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| persons who were employed as investigators by the
Office of |
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| the Attorney General, without regard to social security |
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| status.
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| (14) "Controlled substance inspector" means any person |
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| who is employed
as such by the Department of Professional |
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| Regulation and is vested with such
law enforcement duties |
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| as render him ineligible for coverage under the Social
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| Security Act by reason of Sections 218(d)(5)(A), |
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| 218(d)(8)(D) and 218(l)(1) of
that Act. The term |
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| "controlled substance inspector" includes the Program
|
15 |
| Executive of Enforcement and the Assistant Program |
16 |
| Executive of Enforcement.
|
17 |
| (15) The term "investigator for the Office of the |
18 |
| State's Attorneys
Appellate Prosecutor" means a person |
19 |
| employed in that capacity on a full
time basis under the |
20 |
| authority of Section 7.06 of the State's Attorneys
|
21 |
| Appellate Prosecutor's Act.
|
22 |
| (16) "Commerce Commission police officer" means any |
23 |
| person employed
by the Illinois Commerce Commission who is |
24 |
| vested with such law
enforcement duties as render him |
25 |
| ineligible for coverage under the Social
Security Act by |
26 |
| reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
|
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
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|
1 |
| 218(l)(1) of that Act.
|
2 |
| (17) "Arson investigator" means any person who is |
3 |
| employed as such by
the Office of the State Fire Marshal |
4 |
| and is vested with such law enforcement
duties as render |
5 |
| the person ineligible for coverage under the Social |
6 |
| Security
Act by reason of Sections 218(d)(5)(A), |
7 |
| 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was |
8 |
| employed as an arson
investigator on January 1, 1995 and is |
9 |
| no longer in service but not yet
receiving a retirement |
10 |
| annuity may convert his or her creditable service for
|
11 |
| employment as an arson investigator into eligible |
12 |
| creditable service by paying
to the System the difference |
13 |
| between the employee contributions actually paid
for that |
14 |
| service and the amounts that would have been contributed if |
15 |
| the
applicant were contributing at the rate applicable to |
16 |
| persons with the same
social security status earning |
17 |
| eligible creditable service on the date of
application.
|
18 |
| (18) The term "State highway maintenance worker" means |
19 |
| a person who is
either of the following:
|
20 |
| (i) A person employed on a full-time basis by the |
21 |
| Illinois
Department of Transportation in the position |
22 |
| of
highway maintainer,
highway maintenance lead |
23 |
| worker,
highway maintenance lead/lead worker,
heavy |
24 |
| construction equipment operator,
power shovel |
25 |
| operator, or
bridge mechanic; and
whose principal |
26 |
| responsibility is to perform, on the roadway, the |
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
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|
1 |
| actual
maintenance necessary to keep the highways that |
2 |
| form a part of the State
highway system in serviceable |
3 |
| condition for vehicular traffic.
|
4 |
| (ii) A person employed on a full-time basis by the |
5 |
| Illinois
State Toll Highway Authority in the position |
6 |
| of
equipment operator/laborer H-4,
equipment |
7 |
| operator/laborer H-6,
welder H-4,
welder H-6,
|
8 |
| mechanical/electrical H-4,
mechanical/electrical H-6,
|
9 |
| water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
10 |
| H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
11 |
| roadway lighting H-6,
structural H-4,
structural H-6,
|
12 |
| painter H-4, or
painter H-6; and
whose principal |
13 |
| responsibility is to perform, on the roadway, the |
14 |
| actual
maintenance necessary to keep the Authority's |
15 |
| tollways in serviceable condition
for vehicular |
16 |
| traffic.
|
17 |
| (d) A security employee of the Department of Corrections or |
18 |
| the Department of Juvenile Justice, and a security
employee of |
19 |
| the Department of Human Services who is not a mental health |
20 |
| police
officer, shall not be eligible for the alternative |
21 |
| retirement annuity provided
by this Section unless he or she |
22 |
| meets the following minimum age and service
requirements at the |
23 |
| time of retirement:
|
24 |
| (i) 25 years of eligible creditable service and age 55; |
25 |
| or
|
26 |
| (ii) beginning January 1, 1987, 25 years of eligible |
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
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|
1 |
| creditable service
and age 54, or 24 years of eligible |
2 |
| creditable service and age 55; or
|
3 |
| (iii) beginning January 1, 1988, 25 years of eligible |
4 |
| creditable service
and age 53, or 23 years of eligible |
5 |
| creditable service and age 55; or
|
6 |
| (iv) beginning January 1, 1989, 25 years of eligible |
7 |
| creditable service
and age 52, or 22 years of eligible |
8 |
| creditable service and age 55; or
|
9 |
| (v) beginning January 1, 1990, 25 years of eligible |
10 |
| creditable service
and age 51, or 21 years of eligible |
11 |
| creditable service and age 55; or
|
12 |
| (vi) beginning January 1, 1991, 25 years of eligible |
13 |
| creditable service
and age 50, or 20 years of eligible |
14 |
| creditable service and age 55.
|
15 |
| Persons who have service credit under Article 16 of this |
16 |
| Code for service
as a security employee of the Department of |
17 |
| Corrections or the Department of Juvenile Justice, or the |
18 |
| Department
of Human Services in a position requiring |
19 |
| certification as a teacher may
count such service toward |
20 |
| establishing their eligibility under the service
requirements |
21 |
| of this Section; but such service may be used only for
|
22 |
| establishing such eligibility, and not for the purpose of |
23 |
| increasing or
calculating any benefit.
|
24 |
| (e) If a member enters military service while working in a |
25 |
| position in
which eligible creditable service may be earned, |
26 |
| and returns to State
service in the same or another such |
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
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|
1 |
| position, and fulfills in all other
respects the conditions |
2 |
| prescribed in this Article for credit for military
service, |
3 |
| such military service shall be credited as eligible creditable
|
4 |
| service for the purposes of the retirement annuity prescribed |
5 |
| in this Section.
|
6 |
| (f) For purposes of calculating retirement annuities under |
7 |
| this
Section, periods of service rendered after December 31, |
8 |
| 1968 and before
October 1, 1975 as a covered employee in the |
9 |
| position of special agent,
conservation police officer, mental |
10 |
| health police officer, or investigator
for the Secretary of |
11 |
| State, shall be deemed to have been service as a
noncovered |
12 |
| employee, provided that the employee pays to the System prior |
13 |
| to
retirement an amount equal to (1) the difference between the |
14 |
| employee
contributions that would have been required for such |
15 |
| service as a
noncovered employee, and the amount of employee |
16 |
| contributions actually
paid, plus (2) if payment is made after |
17 |
| July 31, 1987, regular interest
on the amount specified in item |
18 |
| (1) from the date of service to the date
of payment.
|
19 |
| For purposes of calculating retirement annuities under |
20 |
| this Section,
periods of service rendered after December 31, |
21 |
| 1968 and before January 1,
1982 as a covered employee in the |
22 |
| position of investigator for the
Department of Revenue shall be |
23 |
| deemed to have been service as a noncovered
employee, provided |
24 |
| that the employee pays to the System prior to retirement
an |
25 |
| amount equal to (1) the difference between the employee |
26 |
| contributions
that would have been required for such service as |
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
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|
1 |
| a noncovered employee,
and the amount of employee contributions |
2 |
| actually paid, plus (2) if payment
is made after January 1, |
3 |
| 1990, regular interest on the amount specified in
item (1) from |
4 |
| the date of service to the date of payment.
|
5 |
| (g) A State policeman may elect, not later than January 1, |
6 |
| 1990, to
establish eligible creditable service for up to 10 |
7 |
| years of his service as
a policeman under Article 3, by filing |
8 |
| a written election with the Board,
accompanied by payment of an |
9 |
| amount to be determined by the Board, equal to
(i) the |
10 |
| difference between the amount of employee and employer
|
11 |
| contributions transferred to the System under Section 3-110.5, |
12 |
| and the
amounts that would have been contributed had such |
13 |
| contributions been made
at the rates applicable to State |
14 |
| policemen, plus (ii) interest thereon at
the effective rate for |
15 |
| each year, compounded annually, from the date of
service to the |
16 |
| date of payment.
|
17 |
| Subject to the limitation in subsection (i), a State |
18 |
| policeman may elect,
not later than July 1, 1993, to establish |
19 |
| eligible creditable service for
up to 10 years of his service |
20 |
| as a member of the County Police Department
under Article 9, by |
21 |
| filing a written election with the Board, accompanied
by |
22 |
| payment of an amount to be determined by the Board, equal to |
23 |
| (i) the
difference between the amount of employee and employer |
24 |
| contributions
transferred to the System under Section 9-121.10 |
25 |
| and the amounts that would
have been contributed had those |
26 |
| contributions been made at the rates
applicable to State |
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
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|
1 |
| policemen, plus (ii) interest thereon at the effective
rate for |
2 |
| each year, compounded annually, from the date of service to the
|
3 |
| date of payment.
|
4 |
| (h) Subject to the limitation in subsection (i), a State |
5 |
| policeman or
investigator for the Secretary of State may elect |
6 |
| to establish eligible
creditable service for up to 12 years of |
7 |
| his service as a policeman under
Article 5, by filing a written |
8 |
| election with the Board on or before January
31, 1992, and |
9 |
| paying to the System by January 31, 1994 an amount to be
|
10 |
| determined by the Board, equal to (i) the difference between |
11 |
| the amount of
employee and employer contributions transferred |
12 |
| to the System under Section
5-236, and the amounts that would |
13 |
| have been contributed had such
contributions been made at the |
14 |
| rates applicable to State policemen, plus
(ii) interest thereon |
15 |
| at the effective rate for each year, compounded
annually, from |
16 |
| the date of service to the date of payment.
|
17 |
| Subject to the limitation in subsection (i), a State |
18 |
| policeman,
conservation police officer, or investigator for |
19 |
| the Secretary of State may
elect to establish eligible |
20 |
| creditable service for up to 10 years of
service as a sheriff's |
21 |
| law enforcement employee under Article 7, by filing
a written |
22 |
| election with the Board on or before January 31, 1993, and |
23 |
| paying
to the System by January 31, 1994 an amount to be |
24 |
| determined by the Board,
equal to (i) the difference between |
25 |
| the amount of employee and
employer contributions transferred |
26 |
| to the System under Section
7-139.7, and the amounts that would |
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
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|
1 |
| have been contributed had such
contributions been made at the |
2 |
| rates applicable to State policemen, plus
(ii) interest thereon |
3 |
| at the effective rate for each year, compounded
annually, from |
4 |
| the date of service to the date of payment.
|
5 |
| Subject to the limitation in subsection (i), a State |
6 |
| policeman,
conservation police officer, or investigator for |
7 |
| the Secretary of State may
elect to establish eligible |
8 |
| creditable service for up to 5 years of
service as a police |
9 |
| officer under Article 3, a policeman under Article 5, a |
10 |
| sheriff's law enforcement employee under Article 7, a member of |
11 |
| the county police department under Article 9, or a police |
12 |
| officer under Article 15 by filing
a written election with the |
13 |
| Board and paying
to the System an amount to be determined by |
14 |
| the Board,
equal to (i) the difference between the amount of |
15 |
| employee and
employer contributions transferred to the System |
16 |
| under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
17 |
| and the amounts that would have been contributed had such
|
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 |
| Subject to the limitation in subsection (i), an |
23 |
| investigator for the Office of the Attorney General may elect |
24 |
| to establish eligible creditable service for up to 5 years of |
25 |
| service as a police officer under Article 3, a policeman under |
26 |
| Article 5, a sheriff's law enforcement employee under Article |
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
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|
1 |
| 7, or a member of the county police department under Article 9 |
2 |
| by filing a written election with the Board within 6 months |
3 |
| after the effective date of this amendatory Act of 96th General |
4 |
| Assembly and paying to the System an amount to be determined by |
5 |
| the Board, equal to (i) the difference between the amount of |
6 |
| employee and employer contributions transferred to the System |
7 |
| under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
8 |
| amounts that would have been contributed had such contributions |
9 |
| been made at the rates applicable to State policemen, plus (ii) |
10 |
| interest thereon at the actuarially assumed rate for each year, |
11 |
| compounded annually, from the date of service to the date of |
12 |
| payment. |
13 |
| Subject to the limitation in subsection (i), a State |
14 |
| policeman, conservation police officer, investigator for the |
15 |
| Office of the Attorney General, or investigator for the |
16 |
| Secretary of State may elect to establish eligible creditable |
17 |
| service for up to 5 years of service as a person employed by a |
18 |
| participating municipality to perform police duties, or law |
19 |
| enforcement officer employed on a full-time basis by a forest |
20 |
| preserve district under Article 7, a county corrections |
21 |
| officer, or a court services officer under Article 9, by filing |
22 |
| a written election with the Board within 6 months after the |
23 |
| effective date of this amendatory Act of 96th General Assembly |
24 |
| and paying to the System an amount to be determined by the |
25 |
| Board, equal to (i) the difference between the amount of |
26 |
| employee and employer contributions transferred to the System |
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
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|
1 |
| under Sections 7-139.8 and 9-121.10 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 actuarially assumed rate for each year, compounded |
5 |
| annually, from the date of service to the date of payment. |
6 |
| (i) The total amount of eligible creditable service |
7 |
| established by any
person under subsections (g), (h), (j), (k), |
8 |
| and (l) of this
Section shall not exceed 12 years.
|
9 |
| (j) Subject to the limitation in subsection (i), an |
10 |
| investigator for
the Office of the State's Attorneys Appellate |
11 |
| Prosecutor or a controlled
substance inspector may elect to
|
12 |
| establish eligible creditable service for up to 10 years of his |
13 |
| service as
a policeman under Article 3 or a sheriff's law |
14 |
| enforcement employee under
Article 7, by filing a written |
15 |
| election with the Board, accompanied by
payment of an amount to |
16 |
| be determined by the Board, equal to (1) the
difference between |
17 |
| the amount of employee and employer contributions
transferred |
18 |
| to the System under Section 3-110.6 or 7-139.8, and the amounts
|
19 |
| that would have been contributed had such contributions been |
20 |
| made at the
rates applicable to State policemen, plus (2) |
21 |
| interest thereon at the
effective rate for each year, |
22 |
| compounded annually, from the date of service
to the date of |
23 |
| payment.
|
24 |
| (k) Subject to the limitation in subsection (i) of this |
25 |
| Section, an
alternative formula employee may elect to establish |
26 |
| eligible creditable
service for periods spent as a full-time |
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
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|
1 |
| law enforcement officer or full-time
corrections officer |
2 |
| employed by the federal government or by a state or local
|
3 |
| government located outside of Illinois, for which credit is not |
4 |
| held in any
other public employee pension fund or retirement |
5 |
| system. To obtain this
credit, the applicant must file a |
6 |
| written application with the Board by March
31, 1998, |
7 |
| accompanied by evidence of eligibility acceptable to the Board |
8 |
| and
payment of an amount to be determined by the Board, equal |
9 |
| to (1) employee
contributions for the credit being established, |
10 |
| based upon the applicant's
salary on the first day as an |
11 |
| alternative formula employee after the employment
for which |
12 |
| credit is being established and the rates then applicable to
|
13 |
| alternative formula employees, plus (2) an amount determined by |
14 |
| the Board
to be the employer's normal cost of the benefits |
15 |
| accrued for the credit being
established, plus (3) regular |
16 |
| interest on the amounts in items (1) and (2) from
the first day |
17 |
| as an alternative formula employee after the employment for |
18 |
| which
credit is being established to the date of payment.
|
19 |
| (l) Subject to the limitation in subsection (i), a security |
20 |
| employee of
the Department of Corrections may elect, not later |
21 |
| than July 1, 1998, to
establish eligible creditable service for |
22 |
| up to 10 years of his or her service
as a policeman under |
23 |
| Article 3, by filing a written election with the Board,
|
24 |
| accompanied by payment of an amount to be determined by the |
25 |
| Board, equal to
(i) the difference between the amount of |
26 |
| employee and employer contributions
transferred to the System |
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
|
|
1 |
| under Section 3-110.5, and the amounts that would
have been |
2 |
| contributed had such contributions been made at the rates |
3 |
| applicable
to security employees of the Department of |
4 |
| Corrections, plus (ii) interest
thereon at the effective rate |
5 |
| for each year, compounded annually, from the date
of service to |
6 |
| the date of payment.
|
7 |
| (m) The amendatory changes to this Section made by this |
8 |
| amendatory Act of the 94th General Assembly apply only to: (1) |
9 |
| security employees of the Department of Juvenile Justice |
10 |
| employed by the Department of Corrections before the effective |
11 |
| date of this amendatory Act of the 94th General Assembly and |
12 |
| transferred to the Department of Juvenile Justice by this |
13 |
| amendatory Act of the 94th General Assembly; and (2) persons |
14 |
| employed by the Department of Juvenile Justice on or after the |
15 |
| effective date of this amendatory Act of the 94th General |
16 |
| Assembly who are required by subsection (b) of Section 3-2.5-15 |
17 |
| of the Unified Code of Corrections to have a bachelor's or |
18 |
| advanced degree from an accredited college or university with a |
19 |
| specialization in criminal justice, education, psychology, |
20 |
| social work, or a closely related social science or, in the |
21 |
| case of persons who provide vocational training, who are |
22 |
| required to have adequate knowledge in the skill for which they |
23 |
| are providing the vocational training.
|
24 |
| (n) A person employed in a position under subsection (b) of |
25 |
| this Section who has purchased service credit under subsection |
26 |
| (j) of Section 14-104 or subsection (b) of Section 14-105 in |
|
|
|
09600HB0519ham002 |
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LRB096 04706 AMC 22924 a |
|
|
1 |
| any other capacity under this Article may convert up to 5 years |
2 |
| of that service credit into service credit covered under this |
3 |
| Section by paying to the Fund an amount equal to (1) the |
4 |
| additional employee contribution required under Section |
5 |
| 14-133, plus (2) the additional employer contribution required |
6 |
| under Section 14-131, plus (3) interest on items (1) and (2) at |
7 |
| the actuarially assumed rate from the date of the service to |
8 |
| the date of payment. |
9 |
| (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530, |
10 |
| eff. 8-28-07; 95-1036, eff. 2-17-09.)
|
11 |
| Section 90. The State Mandates Act is amended by adding |
12 |
| Section 8.33 as follows: |
13 |
| (30 ILCS 805/8.33 new) |
14 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 |
15 |
| of this Act, no reimbursement by the State is required for the |
16 |
| implementation of any mandate created by this amendatory Act of |
17 |
| the 96th General Assembly. |
18 |
| Section 99. Effective date. This Act takes effect upon |
19 |
| becoming law.".
|