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Public Act 096-0745 |
HB0519 Enrolled |
LRB096 04706 AMC 14768 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing |
Sections 3-110.6, 5-236, 7-139.8, 9-121.10, and 14-110 as |
follows:
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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 |
System who is
a State policeman, an investigator for the |
Secretary of State, a conservation police officer, an |
investigator for the Office of the Attorney General, an |
investigator for the Department of Revenue, an investigator for |
the Office of the State's Attorneys Appellate
Prosecutor, or a |
controlled substance inspector may apply for transfer of
some |
or all of his or her creditable service accumulated
in any |
police pension fund under this Article to the State Employees'
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Retirement System in accordance with Section 14-110. The |
creditable
service shall be transferred only upon payment by |
the police pension fund to
the State Employees' Retirement |
System of an amount equal to:
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(1) the amounts accumulated to the credit of the |
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 |
amount determined
under subparagraph (1); and
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(3) any interest paid by the applicant in order to |
reinstate service to be transferred.
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Participation in the police pension fund with respect to the |
service to be transferred shall terminate on the date
of |
transfer.
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(b) Any person applying to transfer service under this |
Section may reinstate service that was
terminated by receipt of |
a refund, by paying to the police pension fund the
amount of |
the refund with interest thereon at the actuarially assumed |
rate of interest rate of 6% per year ,
compounded annually, from |
the date of refund to the date of payment.
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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 |
System who is a State policeman, conservation police officer, |
an investigator for the Office of the Attorney General, an |
investigator for the Department of Revenue, or investigator for |
the
Secretary of State may apply for transfer of some or all of |
his or her
creditable service
accumulated under this Article to |
the State Employees' Retirement System in accordance with |
Section 14-110.
At the time of the transfer the Fund shall pay |
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to the State Employees'
Retirement System an amount equal to:
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(1) the amounts accumulated to the credit of the |
applicant for the service to be transferred on the books
of |
the Fund on the date of transfer; and
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(2) the corresponding municipality credits, including |
interest, on the
books of the Fund on the date of transfer; |
and
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(3) any interest paid by the applicant in order to |
reinstate service to be transferred.
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Participation in this Fund with respect to the service to be |
transferred shall terminate on the date of transfer.
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(b) Any such State policeman, conservation police officer, |
or investigator
for the Secretary of State may reinstate |
service that was terminated by
receipt of a refund, by paying |
to the Fund the amount of the refund with
interest thereon at |
the actuarially assumed rate of interest rate of 6% per year , |
compounded annually, from the
date of refund to the date of |
payment.
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(c) Within 30 days after the effective date of this |
amendatory Act of
1993, any active member of the State |
Employees' Retirement System who was
earning eligible |
creditable service under subdivision (b)(12) of Section
14-110 |
on January 1, 1992 and who has at least 17 years of creditable
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service under this Article may apply for transfer of his |
creditable service
accumulated under this Article to the State |
Employees' Retirement System.
At the time of the transfer the |
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Fund shall pay to the State Employees'
Retirement System an |
amount equal to:
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(1) the amounts accumulated to the credit of the |
applicant on the books
of the Fund on the date of transfer; |
and
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(2) the corresponding municipality credits, including |
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 |
transfer.
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(Source: P.A. 95-530, eff. 8-28-07.)
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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 |
System who is a State policeman, an investigator for the |
Secretary of State, a conservation police officer, an |
investigator for the Office of the Attorney General, an |
investigator for the Department of Revenue, an
investigator for |
the Office of the State's Attorneys Appellate Prosecutor,
or a |
controlled substance inspector
may apply for transfer of some |
or all of his or her credits and creditable service
accumulated |
in this Fund for service as a sheriff's law enforcement
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employee , person employed by a participating municipality to |
perform police duties, or law enforcement officer employed on a |
full-time basis by a forest preserve district to the State |
Employees' Retirement System in accordance with
Section |
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14-110. The creditable service shall be transferred only upon |
payment
by this Fund to the State Employees' Retirement System |
of an amount equal to:
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(1) the amounts accumulated to the credit of the |
applicant for the service
to be transferred, including |
interest; and
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(2) municipality credits based on such service, |
including interest; and
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(3) any interest paid by the applicant to reinstate |
such service.
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Participation in this Fund as to any credits transferred under |
this
Section shall terminate on the date of transfer.
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(b) Any person applying to transfer service under this |
Section may reinstate credits and
creditable service |
terminated upon receipt of a separation benefit, by paying
to |
the Fund the amount of the separation benefit plus interest |
thereon at the actuarially assumed rate of interest
rate of 6% |
per year to the date of payment.
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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 |
System who is a State policeman, investigator for the Office of |
the Attorney General, an investigator for the Department of |
Revenue, investigator for the Secretary of State, or |
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conservation police officer may apply for transfer of some
or |
all of his creditable service as a member of the County Police
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Department , a county corrections officer, or a court services |
officer accumulated under this Article to the State Employees'
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Retirement System in accordance with Section 14-110. At the |
time of the transfer the Fund shall pay to the
State Employees' |
Retirement System an amount equal to:
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(1) the amounts accumulated to the credit of the |
applicant on the
books of the Fund on the date of transfer |
for the service to be
transferred; and
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(2) the corresponding municipality credits, including |
interest, on the
books of the Fund on the date of transfer; |
and
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(3) any interest paid by the applicant in order to |
reinstate such service.
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Participation in this Fund with respect to the credits |
transferred shall
terminate on the date of transfer.
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(b) Any person applying to transfer service under this |
Section
may reinstate credit for service as a member of the |
County Police
Department that was terminated by receipt of a |
refund, by paying to the
Fund the amount of the refund with |
interest thereon at the actuarially assumed rate of interest |
rate of 6% per
year , compounded annually, from the date of |
refund to the date of payment.
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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 |
than 20
years of eligible creditable service and has attained |
age 55, and any
member who has withdrawn from service with not |
less than 25 years of
eligible creditable service and has |
attained age 50, regardless of whether
the attainment of either |
of the specified ages occurs while the member is
still in |
service, shall be entitled to receive at the option of the |
member,
in lieu of the regular or minimum retirement annuity, a |
retirement annuity
computed as follows:
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(i) for periods of service as a noncovered employee:
if |
retirement occurs on or after January 1, 2001, 3% of final
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average compensation for each year of creditable service; |
if retirement occurs
before January 1, 2001, 2 1/4% of |
final average compensation for each of the
first 10 years |
of creditable service, 2 1/2% for each year above 10 years |
to
and including 20 years of creditable service, and 2 3/4% |
for each year of
creditable service above 20 years; and
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(ii) for periods of eligible creditable service as a |
covered employee:
if retirement occurs on or after January |
1, 2001, 2.5% of final average
compensation for each year |
of creditable service; if retirement occurs before
January |
1, 2001, 1.67% of final average compensation for each of |
the first
10 years of such service, 1.90% for each of the |
next 10 years of such service,
2.10% for each year of such |
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service in excess of 20 but not exceeding 30, and
2.30% for |
each year in excess of 30.
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Such annuity shall be subject to a maximum of 75% of final |
average
compensation if retirement occurs before January 1, |
2001 or to a maximum
of 80% of final average compensation if |
retirement occurs on or after January
1, 2001.
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These rates shall not be applicable to any service |
performed
by a member as a covered employee which is not |
eligible creditable service.
Service as a covered employee |
which is not eligible creditable service
shall be subject to |
the rates and provisions of Section 14-108.
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(b) For the purpose of this Section, "eligible creditable |
service" means
creditable service resulting from service in one |
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 |
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 |
Services;
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(9) Central Management Services security police |
officer;
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(10) security employee of the Department of |
Corrections or the Department of Juvenile Justice;
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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 |
General;
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(14) controlled substance inspector;
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(15) investigator for the Office of the State's |
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 |
subsection is
entitled to eligible creditable service for |
service credit earned under this
Article while undergoing the |
basic police training course approved by the
Illinois Law |
Enforcement Training
Standards Board, if
completion of that |
training is required of persons serving in that position.
For |
the purposes of this Code, service during the required basic |
police
training course shall be deemed performance of the |
duties of the specified
position, even though the person is not |
a sworn peace officer at the time of
the training.
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(c) For the purposes of this Section:
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(1) The term "state policeman" includes any title or |
position
in the Department of State Police that is held by |
an individual employed
under the State Police Act.
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(2) The term "fire fighter in the fire protection |
service of a
department" includes all officers in such fire |
protection service
including fire chiefs and assistant |
fire chiefs.
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(3) The term "air pilot" includes any employee whose |
official job
description on file in the Department of |
Central Management Services, or
in the department by which |
he is employed if that department is not covered
by the |
Personnel Code, states that his principal duty is the |
operation of
aircraft, and who possesses a pilot's license; |
however, the change in this
definition made by this |
amendatory Act of 1983 shall not operate to exclude
any |
noncovered employee who was an "air pilot" for the purposes |
of this
Section on January 1, 1984.
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(4) The term "special agent" means any person who by |
reason of
employment by the Division of Narcotic Control, |
the Bureau of Investigation
or, after July 1, 1977, the |
Division of Criminal Investigation, the
Division of |
Internal Investigation, the Division of Operations, or any
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other Division or organizational
entity in the Department |
of State Police is vested by law with duties to
maintain |
public order, investigate violations of the criminal law of |
this
State, enforce the laws of this State, make arrests |
and recover property.
The term "special agent" includes any |
title or position in the Department
of State Police that is |
held by an individual employed under the State
Police Act.
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(5) The term "investigator for the Secretary of State" |
means any person
employed by the Office of the Secretary of |
State and vested with such
investigative duties as render |
him ineligible for coverage under the Social
Security Act |
by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
218(l)(1)
of that Act.
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A person who became employed as an investigator for the |
Secretary of
State between January 1, 1967 and December 31, |
1975, and who has served as
such until attainment of age |
60, either continuously or with a single break
in service |
of not more than 3 years duration, which break terminated |
before
January 1, 1976, shall be entitled to have his |
retirement annuity
calculated in accordance with |
subsection (a), notwithstanding
that he has less than 20 |
years of credit for such service.
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(6) The term "Conservation Police Officer" means any |
person employed
by the Division of Law Enforcement of the |
Department of Natural Resources and
vested with such law |
enforcement duties as render him ineligible for coverage
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under the Social Security Act by reason of Sections |
218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The |
term "Conservation Police Officer" includes
the positions |
of Chief Conservation Police Administrator and Assistant
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Conservation Police Administrator.
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(7) The term "investigator for the Department of |
Revenue" means any
person employed by the Department of |
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Revenue and vested with such
investigative duties as render |
him ineligible for coverage under the Social
Security Act |
by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
218(l)(1)
of that Act.
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(8) The term "security employee of the Department of |
Human Services"
means any person employed by the Department |
of Human Services who (i) is
employed at the Chester Mental |
Health Center and has daily contact with the
residents |
thereof, (ii) is employed within a security unit at a |
facility
operated by the Department and has daily contact |
with the residents of the
security unit, (iii) is employed |
at a facility operated by the Department
that includes a |
security unit and is regularly scheduled to work at least
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50% of his or her working hours within that security unit, |
or (iv) is a mental health police officer.
"Mental health |
police officer" means any person employed by the Department |
of
Human Services in a position pertaining to the |
Department's mental health and
developmental disabilities |
functions who is vested with such law enforcement
duties as |
render the person ineligible for coverage under the Social |
Security
Act by reason of Sections 218(d)(5)(A), |
218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" |
means that portion of a facility that is devoted to
the |
care, containment, and treatment of persons committed to |
the Department of
Human Services as sexually violent |
persons, persons unfit to stand trial, or
persons not |
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guilty by reason of insanity. With respect to past |
employment,
references to the Department of Human Services |
include its predecessor, the
Department of Mental Health |
and Developmental Disabilities.
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The changes made to this subdivision (c)(8) by Public |
Act 92-14 apply to persons who retire on or after January |
1,
2001, notwithstanding Section 1-103.1.
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(9) "Central Management Services security police |
officer" means any
person employed by the Department of |
Central Management Services who is
vested with such law |
enforcement duties as render him ineligible for
coverage |
under the Social Security Act by reason of Sections |
218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
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(10) For a member who first became an employee under |
this Article before July 1, 2005, the term "security |
employee of the Department of Corrections or the Department |
of Juvenile Justice"
means any employee of the Department |
of Corrections or the Department of Juvenile Justice or the |
former
Department of Personnel, and any member or employee |
of the Prisoner
Review Board, who has daily contact with |
inmates or youth by working within a
correctional facility |
or Juvenile facility operated by the Department of Juvenile |
Justice or who is a parole officer or an employee who has
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direct contact with committed persons in the performance of |
his or her
job duties. For a member who first becomes an |
employee under this Article on or after July 1, 2005, the |
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term means an employee of the Department of Corrections or |
the Department of Juvenile Justice who is any of the |
following: (i) officially headquartered at a correctional |
facility or Juvenile facility operated by the Department of |
Juvenile Justice, (ii) a parole officer, (iii) a member of |
the apprehension unit, (iv) a member of the intelligence |
unit, (v) a member of the sort team, or (vi) an |
investigator.
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(11) The term "dangerous drugs investigator" means any |
person who is
employed as such by the Department of Human |
Services.
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(12) The term "investigator for the Department of State |
Police" means
a person employed by the Department of State |
Police who is vested under
Section 4 of the Narcotic |
Control Division Abolition Act with such
law enforcement |
powers as render him ineligible for coverage under the
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Social Security Act by reason of Sections 218(d)(5)(A), |
218(d)(8)(D) and
218(l)(1) of that Act.
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(13) "Investigator for the Office of the Attorney |
General" means any
person who is employed as such by the |
Office of the Attorney General and
is vested with such |
investigative duties as render him ineligible for
coverage |
under the Social Security Act by reason of Sections |
218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For |
the period before January 1,
1989, the term includes all |
persons who were employed as investigators by the
Office of |
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the Attorney General, without regard to social security |
status.
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(14) "Controlled substance inspector" means any person |
who is employed
as such by the Department of Professional |
Regulation and is vested with such
law enforcement duties |
as render him ineligible for coverage under the Social
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Security Act by reason of Sections 218(d)(5)(A), |
218(d)(8)(D) and 218(l)(1) of
that Act. The term |
"controlled substance inspector" includes the Program
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Executive of Enforcement and the Assistant Program |
Executive of Enforcement.
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(15) The term "investigator for the Office of the |
State's Attorneys
Appellate Prosecutor" means a person |
employed in that capacity on a full
time basis under the |
authority of Section 7.06 of the State's Attorneys
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Appellate Prosecutor's Act.
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(16) "Commerce Commission police officer" means any |
person employed
by the Illinois Commerce Commission who is |
vested with such law
enforcement duties as render him |
ineligible for coverage under the Social
Security Act by |
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
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218(l)(1) of that Act.
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(17) "Arson investigator" means any person who is |
employed as such by
the Office of the State Fire Marshal |
and is vested with such law enforcement
duties as render |
the person ineligible for coverage under the Social |
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Security
Act by reason of Sections 218(d)(5)(A), |
218(d)(8)(D), and 218(l)(1) of that
Act. A person who was |
employed as an arson
investigator on January 1, 1995 and is |
no longer in service but not yet
receiving a retirement |
annuity may convert his or her creditable service for
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employment as an arson investigator into eligible |
creditable service by paying
to the System the difference |
between the employee contributions actually paid
for that |
service and the amounts that would have been contributed if |
the
applicant were contributing at the rate applicable to |
persons with the same
social security status earning |
eligible creditable service on the date of
application.
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(18) The term "State highway maintenance worker" means |
a person who is
either of the following:
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(i) A person employed on a full-time basis by the |
Illinois
Department of Transportation in the position |
of
highway maintainer,
highway maintenance lead |
worker,
highway maintenance lead/lead worker,
heavy |
construction equipment operator,
power shovel |
operator, or
bridge mechanic; and
whose principal |
responsibility is to perform, on the roadway, the |
actual
maintenance necessary to keep the highways that |
form a part of the State
highway system in serviceable |
condition for vehicular traffic.
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(ii) A person employed on a full-time basis by the |
Illinois
State Toll Highway Authority in the position |
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of
equipment operator/laborer H-4,
equipment |
operator/laborer H-6,
welder H-4,
welder H-6,
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mechanical/electrical H-4,
mechanical/electrical H-6,
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water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
H-4,
sign maker/hanger H-6,
roadway lighting H-4,
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roadway lighting H-6,
structural H-4,
structural H-6,
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painter H-4, or
painter H-6; and
whose principal |
responsibility is to perform, on the roadway, the |
actual
maintenance necessary to keep the Authority's |
tollways in serviceable condition
for vehicular |
traffic.
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(d) A security employee of the Department of Corrections or |
the Department of Juvenile Justice, and a security
employee of |
the Department of Human Services who is not a mental health |
police
officer, shall not be eligible for the alternative |
retirement annuity provided
by this Section unless he or she |
meets the following minimum age and service
requirements at the |
time of retirement:
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(i) 25 years of eligible creditable service and age 55; |
or
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(ii) beginning January 1, 1987, 25 years of eligible |
creditable service
and age 54, or 24 years of eligible |
creditable service and age 55; or
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(iii) beginning January 1, 1988, 25 years of eligible |
creditable service
and age 53, or 23 years of eligible |
creditable service and age 55; or
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(iv) beginning January 1, 1989, 25 years of eligible |
creditable service
and age 52, or 22 years of eligible |
creditable service and age 55; or
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(v) beginning January 1, 1990, 25 years of eligible |
creditable service
and age 51, or 21 years of eligible |
creditable service and age 55; or
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(vi) beginning January 1, 1991, 25 years of eligible |
creditable service
and age 50, or 20 years of eligible |
creditable service and age 55.
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Persons who have service credit under Article 16 of this |
Code for service
as a security employee of the Department of |
Corrections or the Department of Juvenile Justice, or the |
Department
of Human Services in a position requiring |
certification as a teacher may
count such service toward |
establishing their eligibility under the service
requirements |
of this Section; but such service may be used only for
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establishing such eligibility, and not for the purpose of |
increasing or
calculating any benefit.
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(e) If a member enters military service while working in a |
position in
which eligible creditable service may be earned, |
and returns to State
service in the same or another such |
position, and fulfills in all other
respects the conditions |
prescribed in this Article for credit for military
service, |
such military service shall be credited as eligible creditable
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service for the purposes of the retirement annuity prescribed |
in this Section.
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(f) For purposes of calculating retirement annuities under |
this
Section, periods of service rendered after December 31, |
1968 and before
October 1, 1975 as a covered employee in the |
position of special agent,
conservation police officer, mental |
health police officer, or investigator
for the Secretary of |
State, shall be deemed to have been service as a
noncovered |
employee, provided that the employee pays to the System prior |
to
retirement an amount equal to (1) the difference between the |
employee
contributions that would have been required for such |
service as a
noncovered employee, and the amount of employee |
contributions actually
paid, plus (2) if payment is made after |
July 31, 1987, regular interest
on the amount specified in item |
(1) from the date of service to the date
of payment.
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For purposes of calculating retirement annuities under |
this Section,
periods of service rendered after December 31, |
1968 and before January 1,
1982 as a covered employee in the |
position of investigator for the
Department of Revenue shall be |
deemed to have been service as a noncovered
employee, provided |
that the employee pays to the System prior to retirement
an |
amount equal to (1) the difference between the employee |
contributions
that would have been required for such service as |
a noncovered employee,
and the amount of employee contributions |
actually paid, plus (2) if payment
is made after January 1, |
1990, regular interest on the amount specified in
item (1) from |
the date of service to the date of payment.
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(g) A State policeman may elect, not later than January 1, |
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1990, to
establish eligible creditable service for up to 10 |
years of his service as
a policeman under Article 3, by filing |
a written election with the Board,
accompanied by payment of an |
amount to be determined by the Board, equal to
(i) the |
difference between the amount of employee and employer
|
contributions transferred to the System under Section 3-110.5, |
and the
amounts that would have been contributed had such |
contributions been made
at the rates applicable to State |
policemen, plus (ii) interest thereon at
the effective rate for |
each year, compounded annually, from the date of
service to the |
date of payment.
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Subject to the limitation in subsection (i), a State |
policeman may elect,
not later than July 1, 1993, to establish |
eligible creditable service for
up to 10 years of his service |
as a member of the County Police Department
under Article 9, by |
filing a written election with the Board, accompanied
by |
payment of an amount to be determined by the Board, equal to |
(i) the
difference between the amount of employee and employer |
contributions
transferred to the System under Section 9-121.10 |
and the amounts that would
have been contributed had those |
contributions been made at the rates
applicable to State |
policemen, plus (ii) interest thereon at the effective
rate for |
each year, compounded annually, from the date of service to the
|
date of payment.
|
(h) Subject to the limitation in subsection (i), a State |
policeman or
investigator for the Secretary of State may elect |
|
to establish eligible
creditable service for up to 12 years of |
his service as a policeman under
Article 5, by filing a written |
election with the Board on or before January
31, 1992, and |
paying to the System by January 31, 1994 an amount to be
|
determined by the Board, equal to (i) the difference between |
the amount of
employee and employer contributions transferred |
to the System under Section
5-236, and the amounts that would |
have been contributed had such
contributions been made at the |
rates applicable to State policemen, plus
(ii) interest thereon |
at the effective rate for each year, compounded
annually, from |
the date of service to the date of payment.
|
Subject to the limitation in subsection (i), a State |
policeman,
conservation police officer, or investigator for |
the Secretary of State may
elect to establish eligible |
creditable service for up to 10 years of
service as a sheriff's |
law enforcement employee under Article 7, by filing
a written |
election with the Board on or before January 31, 1993, and |
paying
to the System by January 31, 1994 an amount to be |
determined by the Board,
equal to (i) the difference between |
the amount of employee and
employer contributions transferred |
to the System under Section
7-139.7, and the amounts that would |
have been contributed had such
contributions been made at the |
rates applicable to State policemen, plus
(ii) interest thereon |
at the effective rate for each year, compounded
annually, from |
the date of service to the date of payment.
|
Subject to the limitation in subsection (i), a State |
|
policeman,
conservation police officer, or investigator for |
the Secretary of State may
elect to establish eligible |
creditable service for up to 5 years of
service as a police |
officer under Article 3, a policeman under Article 5, a |
sheriff's law enforcement employee under Article 7, a member of |
the county police department under Article 9, or a police |
officer under Article 15 by filing
a written election with the |
Board and paying
to the System an amount to be determined by |
the Board,
equal to (i) the difference between the amount of |
employee and
employer contributions transferred to the System |
under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
and the amounts that would have been contributed had such
|
contributions been made at the rates applicable to State |
policemen, plus
(ii) interest thereon at the effective rate for |
each year, compounded
annually, from the date of service to the |
date of payment. |
Subject to the limitation in subsection (i), an |
investigator for the Office of the Attorney General, or an |
investigator for the Department of Revenue, may elect to |
establish eligible creditable service for up to 5 years of |
service as a police officer under Article 3, a policeman under |
Article 5, a sheriff's law enforcement employee under Article |
7, or a member of the county police department under Article 9 |
by filing a written election with the Board within 6 months |
after the effective date of this amendatory Act of the 96th |
General Assembly and paying to the System an amount to be |
|
determined by the Board, equal to (i) the difference between |
the amount of employee and employer contributions transferred |
to the System under Section 3-110.6, 5-236, 7-139.8, or |
9-121.10 and the amounts that would have been contributed had |
such contributions been made at the rates applicable to State |
policemen, plus (ii) interest thereon at the actuarially |
assumed rate for each year, compounded annually, from the date |
of service to the date of payment. |
Subject to the limitation in subsection (i), a State |
policeman, conservation police officer, investigator for the |
Office of the Attorney General, an investigator for the |
Department of Revenue, or investigator for the Secretary of |
State may elect to establish eligible creditable service for up |
to 5 years of service as a person employed by a participating |
municipality to perform police duties, or law enforcement |
officer employed on a full-time basis by a forest preserve |
district under Article 7, a county corrections officer, or a |
court services officer under Article 9, by filing a written |
election with the Board within 6 months after the effective |
date of this amendatory Act of the 96th General Assembly and |
paying to the System an amount to be determined by the Board, |
equal to (i) the difference between the amount of employee and |
employer contributions transferred to the System under |
Sections 7-139.8 and 9-121.10 and the amounts that would have |
been contributed had such contributions been made at the rates |
applicable to State policemen, plus (ii) interest thereon at |
|
the actuarially assumed rate for each year, compounded |
annually, from the date of service to the date of payment. |
(i) The total amount of eligible creditable service |
established by any
person under subsections (g), (h), (j), (k), |
and (l) of this
Section shall not exceed 12 years.
|
(j) Subject to the limitation in subsection (i), an |
investigator for
the Office of the State's Attorneys Appellate |
Prosecutor or a controlled
substance inspector may elect to
|
establish eligible creditable service for up to 10 years of his |
service as
a policeman under Article 3 or a sheriff's law |
enforcement employee under
Article 7, by filing a written |
election with the Board, accompanied by
payment of an amount to |
be determined by the Board, equal to (1) the
difference between |
the amount of employee and employer contributions
transferred |
to the System under Section 3-110.6 or 7-139.8, and the amounts
|
that would have been contributed had such contributions been |
made at the
rates applicable to State policemen, plus (2) |
interest thereon at the
effective rate for each year, |
compounded annually, from the date of service
to the date of |
payment.
|
(k) Subject to the limitation in subsection (i) of this |
Section, an
alternative formula employee may elect to establish |
eligible creditable
service for periods spent as a full-time |
law enforcement officer or full-time
corrections officer |
employed by the federal government or by a state or local
|
government located outside of Illinois, for which credit is not |
|
held in any
other public employee pension fund or retirement |
system. To obtain this
credit, the applicant must file a |
written application with the Board by March
31, 1998, |
accompanied by evidence of eligibility acceptable to the Board |
and
payment of an amount to be determined by the Board, equal |
to (1) employee
contributions for the credit being established, |
based upon the applicant's
salary on the first day as an |
alternative formula employee after the employment
for which |
credit is being established and the rates then applicable to
|
alternative formula employees, plus (2) an amount determined by |
the Board
to be the employer's normal cost of the benefits |
accrued for the credit being
established, plus (3) regular |
interest on the amounts in items (1) and (2) from
the first day |
as an alternative formula employee after the employment for |
which
credit is being established to the date of payment.
|
(l) Subject to the limitation in subsection (i), a security |
employee of
the Department of Corrections may elect, not later |
than July 1, 1998, to
establish eligible creditable service for |
up to 10 years of his or her service
as a policeman under |
Article 3, by filing a written election with the Board,
|
accompanied by payment of an amount to be determined by the |
Board, equal to
(i) the difference between the amount of |
employee and employer contributions
transferred to the System |
under Section 3-110.5, and the amounts that would
have been |
contributed had such contributions been made at the rates |
applicable
to security employees of the Department of |
|
Corrections, plus (ii) interest
thereon at the effective rate |
for each year, compounded annually, from the date
of service to |
the date of payment.
|
(m) The amendatory changes to this Section made by this |
amendatory Act of the 94th General Assembly apply only to: (1) |
security employees of the Department of Juvenile Justice |
employed by the Department of Corrections before the effective |
date of this amendatory Act of the 94th General Assembly and |
transferred to the Department of Juvenile Justice by this |
amendatory Act of the 94th General Assembly; and (2) persons |
employed by the Department of Juvenile Justice on or after the |
effective date of this amendatory Act of the 94th General |
Assembly who are required by subsection (b) of Section 3-2.5-15 |
of the Unified Code of Corrections to have a bachelor's or |
advanced degree from an accredited college or university with a |
specialization in criminal justice, education, psychology, |
social work, or a closely related social science or, in the |
case of persons who provide vocational training, who are |
required to have adequate knowledge in the skill for which they |
are providing the vocational training.
|
(n) A person employed in a position under subsection (b) of |
this Section who has purchased service credit under subsection |
(j) of Section 14-104 or subsection (b) of Section 14-105 in |
any other capacity under this Article may convert up to 5 years |
of that service credit into service credit covered under this |
Section by paying to the Fund an amount equal to (1) the |
|
additional employee contribution required under Section |
14-133, plus (2) the additional employer contribution required |
under Section 14-131, plus (3) interest on items (1) and (2) at |
the actuarially assumed rate from the date of the service to |
the date of payment. |
(Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530, |
eff. 8-28-07; 95-1036, eff. 2-17-09.)
|
Section 90. The State Mandates Act is amended by adding |
Section 8.33 as follows: |
(30 ILCS 805/8.33 new) |
Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 |
of this Act, no reimbursement by the State is required for the |
implementation of any mandate created by this amendatory Act of |
the 96th General Assembly. |
Section 99. Effective date. This Act takes effect upon |
becoming law. |