103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5261

 

Introduced 2/9/2024, by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/14-110  from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-152.1

    Amends the State Employee Article of the Illinois Pension Code. Includes persons employed on a full-time basis by the Illinois Department of Transportation in the positions of sign hanger and sign hanger foreman in the definition of "State highway maintenance worker". Provides that a person who is employed on a full-time basis by the Illinois Department of Transportation in the position of sign hanger or sign hanger foreman may elect to convert service credit earned to eligible creditable service under the alternative annuity formula by filing a written election with the Board and paying a specified amount to the System. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.


LRB103 38573 RPS 68709 b

 

 

A BILL FOR

 

HB5261LRB103 38573 RPS 68709 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 14-110 and 14-152.1 as follows:
 
6    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
7    (Text of Section from P.A. 102-813 and 103-34)
8    Sec. 14-110. Alternative retirement annuity.
9    (a) Any member who has withdrawn from service with not
10less than 20 years of eligible creditable service and has
11attained age 55, and any member who has withdrawn from service
12with not less than 25 years of eligible creditable service and
13has attained age 50, regardless of whether the attainment of
14either of the specified ages occurs while the member is still
15in service, shall be entitled to receive at the option of the
16member, in lieu of the regular or minimum retirement annuity,
17a retirement annuity computed as follows:
18        (i) for periods of service as a noncovered employee:
19    if retirement occurs on or after January 1, 2001, 3% of
20    final average compensation for each year of creditable
21    service; if retirement occurs before January 1, 2001, 2
22    1/4% of final average compensation for each of the first
23    10 years of creditable service, 2 1/2% for each year above

 

 

HB5261- 2 -LRB103 38573 RPS 68709 b

1    10 years to and including 20 years of creditable service,
2    and 2 3/4% for each year of creditable service above 20
3    years; and
4        (ii) for periods of eligible creditable service as a
5    covered employee: if retirement occurs on or after January
6    1, 2001, 2.5% of final average compensation for each year
7    of creditable service; if retirement occurs before January
8    1, 2001, 1.67% of final average compensation for each of
9    the first 10 years of such service, 1.90% for each of the
10    next 10 years of such service, 2.10% for each year of such
11    service in excess of 20 but not exceeding 30, and 2.30% for
12    each year in excess of 30.
13    Such annuity shall be subject to a maximum of 75% of final
14average compensation if retirement occurs before January 1,
152001 or to a maximum of 80% of final average compensation if
16retirement occurs on or after January 1, 2001.
17    These rates shall not be applicable to any service
18performed by a member as a covered employee which is not
19eligible creditable service. Service as a covered employee
20which is not eligible creditable service shall be subject to
21the rates and provisions of Section 14-108.
22    (b) For the purpose of this Section, "eligible creditable
23service" means creditable service resulting from service in
24one or more of the following positions:
25        (1) State policeman;
26        (2) fire fighter in the fire protection service of a

 

 

HB5261- 3 -LRB103 38573 RPS 68709 b

1    department;
2        (3) air pilot;
3        (4) special agent;
4        (5) investigator for the Secretary of State;
5        (6) conservation police officer;
6        (7) investigator for the Department of Revenue or the
7    Illinois Gaming Board;
8        (8) security employee of the Department of Human
9    Services;
10        (9) Central Management Services security police
11    officer;
12        (10) security employee of the Department of
13    Corrections or the Department of Juvenile Justice;
14        (11) dangerous drugs investigator;
15        (12) investigator for the Illinois State Police;
16        (13) investigator for the Office of the Attorney
17    General;
18        (14) controlled substance inspector;
19        (15) investigator for the Office of the State's
20    Attorneys Appellate Prosecutor;
21        (16) Commerce Commission police officer;
22        (17) arson investigator;
23        (18) State highway maintenance worker;
24        (19) security employee of the Department of Innovation
25    and Technology; or
26        (20) transferred employee.

 

 

HB5261- 4 -LRB103 38573 RPS 68709 b

1    A person employed in one of the positions specified in
2this subsection is entitled to eligible creditable service for
3service credit earned under this Article while undergoing the
4basic police training course approved by the Illinois Law
5Enforcement Training Standards Board, if completion of that
6training is required of persons serving in that position. For
7the purposes of this Code, service during the required basic
8police training course shall be deemed performance of the
9duties of the specified position, even though the person is
10not a sworn peace officer at the time of the training.
11    A person under paragraph (20) is entitled to eligible
12creditable service for service credit earned under this
13Article on and after his or her transfer by Executive Order No.
142003-10, Executive Order No. 2004-2, or Executive Order No.
152016-1.
16    (c) For the purposes of this Section:
17        (1) The term "State policeman" includes any title or
18    position in the Illinois State Police that is held by an
19    individual employed under the Illinois State Police Act.
20        (2) The term "fire fighter in the fire protection
21    service of a department" includes all officers in such
22    fire protection service including fire chiefs and
23    assistant fire chiefs.
24        (3) The term "air pilot" includes any employee whose
25    official job description on file in the Department of
26    Central Management Services, or in the department by which

 

 

HB5261- 5 -LRB103 38573 RPS 68709 b

1    he is employed if that department is not covered by the
2    Personnel Code, states that his principal duty is the
3    operation of aircraft, and who possesses a pilot's
4    license; however, the change in this definition made by
5    Public Act 83-842 shall not operate to exclude any
6    noncovered employee who was an "air pilot" for the
7    purposes of this Section on January 1, 1984.
8        (4) The term "special agent" means any person who by
9    reason of employment by the Division of Narcotic Control,
10    the Bureau of Investigation or, after July 1, 1977, the
11    Division of Criminal Investigation, the Division of
12    Internal Investigation, the Division of Operations, the
13    Division of Patrol, or any other Division or
14    organizational entity in the Illinois State Police is
15    vested by law with duties to maintain public order,
16    investigate violations of the criminal law of this State,
17    enforce the laws of this State, make arrests and recover
18    property. The term "special agent" includes any title or
19    position in the Illinois State Police that is held by an
20    individual employed under the Illinois State Police Act.
21        (5) The term "investigator for the Secretary of State"
22    means any person employed by the Office of the Secretary
23    of State and vested with such investigative duties as
24    render him ineligible for coverage under the Social
25    Security Act by reason of Sections 218(d)(5)(A),
26    218(d)(8)(D) and 218(l)(1) of that Act.

 

 

HB5261- 6 -LRB103 38573 RPS 68709 b

1        A person who became employed as an investigator for
2    the Secretary of State between January 1, 1967 and
3    December 31, 1975, and who has served as such until
4    attainment of age 60, either continuously or with a single
5    break in service of not more than 3 years duration, which
6    break terminated before January 1, 1976, shall be entitled
7    to have his retirement annuity calculated in accordance
8    with subsection (a), notwithstanding that he has less than
9    20 years of credit for such service.
10        (6) The term "Conservation Police Officer" means any
11    person employed by the Division of Law Enforcement of the
12    Department of Natural Resources and vested with such law
13    enforcement duties as render him ineligible for coverage
14    under the Social Security Act by reason of Sections
15    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
16    term "Conservation Police Officer" includes the positions
17    of Chief Conservation Police Administrator and Assistant
18    Conservation Police Administrator.
19        (7) The term "investigator for the Department of
20    Revenue" means any person employed by the Department of
21    Revenue and vested with such investigative duties as
22    render him ineligible for coverage under the Social
23    Security Act by reason of Sections 218(d)(5)(A),
24    218(d)(8)(D) and 218(l)(1) of that Act.
25        The term "investigator for the Illinois Gaming Board"
26    means any person employed as such by the Illinois Gaming

 

 

HB5261- 7 -LRB103 38573 RPS 68709 b

1    Board and vested with such peace officer duties as render
2    the person ineligible for coverage under the Social
3    Security Act by reason of Sections 218(d)(5)(A),
4    218(d)(8)(D), and 218(l)(1) of that Act.
5        (8) The term "security employee of the Department of
6    Human Services" means any person employed by the
7    Department of Human Services who (i) is employed at the
8    Chester Mental Health Center and has daily contact with
9    the residents thereof, (ii) is employed within a security
10    unit at a facility operated by the Department and has
11    daily contact with the residents of the security unit,
12    (iii) is employed at a facility operated by the Department
13    that includes a security unit and is regularly scheduled
14    to work at least 50% of his or her working hours within
15    that security unit, or (iv) is a mental health police
16    officer. "Mental health police officer" means any person
17    employed by the Department of Human Services in a position
18    pertaining to the Department's mental health and
19    developmental disabilities functions who is vested with
20    such law enforcement duties as render the person
21    ineligible for coverage under the Social Security Act by
22    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
23    218(l)(1) of that Act. "Security unit" means that portion
24    of a facility that is devoted to the care, containment,
25    and treatment of persons committed to the Department of
26    Human Services as sexually violent persons, persons unfit

 

 

HB5261- 8 -LRB103 38573 RPS 68709 b

1    to stand trial, or persons not guilty by reason of
2    insanity. With respect to past employment, references to
3    the Department of Human Services include its predecessor,
4    the Department of Mental Health and Developmental
5    Disabilities.
6        The changes made to this subdivision (c)(8) by Public
7    Act 92-14 apply to persons who retire on or after January
8    1, 2001, notwithstanding Section 1-103.1.
9        (9) "Central Management Services security police
10    officer" means any person employed by the Department of
11    Central Management Services who is vested with such law
12    enforcement duties as render him ineligible for coverage
13    under the Social Security Act by reason of Sections
14    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
15        (10) For a member who first became an employee under
16    this Article before July 1, 2005, the term "security
17    employee of the Department of Corrections or the
18    Department of Juvenile Justice" means any employee of the
19    Department of Corrections or the Department of Juvenile
20    Justice or the former Department of Personnel, and any
21    member or employee of the Prisoner Review Board, who has
22    daily contact with inmates or youth by working within a
23    correctional facility or Juvenile facility operated by the
24    Department of Juvenile Justice or who is a parole officer
25    or an employee who has direct contact with committed
26    persons in the performance of his or her job duties. For a

 

 

HB5261- 9 -LRB103 38573 RPS 68709 b

1    member who first becomes an employee under this Article on
2    or after July 1, 2005, the term means an employee of the
3    Department of Corrections or the Department of Juvenile
4    Justice who is any of the following: (i) officially
5    headquartered at a correctional facility or Juvenile
6    facility operated by the Department of Juvenile Justice,
7    (ii) a parole officer, (iii) a member of the apprehension
8    unit, (iv) a member of the intelligence unit, (v) a member
9    of the sort team, or (vi) an investigator.
10        (11) The term "dangerous drugs investigator" means any
11    person who is employed as such by the Department of Human
12    Services.
13        (12) The term "investigator for the Illinois State
14    Police" means a person employed by the Illinois State
15    Police who is vested under Section 4 of the Narcotic
16    Control Division Abolition Act with such law enforcement
17    powers as render him ineligible for coverage under the
18    Social Security Act by reason of Sections 218(d)(5)(A),
19    218(d)(8)(D) and 218(l)(1) of that Act.
20        (13) "Investigator for the Office of the Attorney
21    General" means any person who is employed as such by the
22    Office of the Attorney General and is vested with such
23    investigative duties as render him ineligible for coverage
24    under the Social Security Act by reason of Sections
25    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
26    the period before January 1, 1989, the term includes all

 

 

HB5261- 10 -LRB103 38573 RPS 68709 b

1    persons who were employed as investigators by the Office
2    of the Attorney General, without regard to social security
3    status.
4        (14) "Controlled substance inspector" means any person
5    who is employed as such by the Department of Professional
6    Regulation and is vested with such law enforcement duties
7    as render him ineligible for coverage under the Social
8    Security Act by reason of Sections 218(d)(5)(A),
9    218(d)(8)(D) and 218(l)(1) of that Act. The term
10    "controlled substance inspector" includes the Program
11    Executive of Enforcement and the Assistant Program
12    Executive of Enforcement.
13        (15) The term "investigator for the Office of the
14    State's Attorneys Appellate Prosecutor" means a person
15    employed in that capacity on a full-time basis under the
16    authority of Section 7.06 of the State's Attorneys
17    Appellate Prosecutor's Act.
18        (16) "Commerce Commission police officer" means any
19    person employed by the Illinois Commerce Commission who is
20    vested with such law enforcement duties as render him
21    ineligible for coverage under the Social Security Act by
22    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
23    218(l)(1) of that Act.
24        (17) "Arson investigator" means any person who is
25    employed as such by the Office of the State Fire Marshal
26    and is vested with such law enforcement duties as render

 

 

HB5261- 11 -LRB103 38573 RPS 68709 b

1    the person ineligible for coverage under the Social
2    Security Act by reason of Sections 218(d)(5)(A),
3    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
4    employed as an arson investigator on January 1, 1995 and
5    is no longer in service but not yet receiving a retirement
6    annuity may convert his or her creditable service for
7    employment as an arson investigator into eligible
8    creditable service by paying to the System the difference
9    between the employee contributions actually paid for that
10    service and the amounts that would have been contributed
11    if the applicant were contributing at the rate applicable
12    to persons with the same social security status earning
13    eligible creditable service on the date of application.
14        (18) The term "State highway maintenance worker" means
15    a person who is either of the following:
16            (i) A person employed on a full-time basis by the
17        Illinois Department of Transportation in the position
18        of highway maintainer, highway maintenance lead
19        worker, highway maintenance lead/lead worker, sign
20        hanger, sign hanger foreman, heavy construction
21        equipment operator, power shovel operator, or bridge
22        mechanic; and whose principal responsibility is to
23        perform, on the roadway, the actual maintenance
24        necessary to keep the highways that form a part of the
25        State highway system in serviceable condition for
26        vehicular traffic.

 

 

HB5261- 12 -LRB103 38573 RPS 68709 b

1            (ii) A person employed on a full-time basis by the
2        Illinois State Toll Highway Authority in the position
3        of equipment operator/laborer H-4, equipment
4        operator/laborer H-6, welder H-4, welder H-6,
5        mechanical/electrical H-4, mechanical/electrical H-6,
6        water/sewer H-4, water/sewer H-6, sign maker/hanger
7        H-4, sign maker/hanger H-6, roadway lighting H-4,
8        roadway lighting H-6, structural H-4, structural H-6,
9        painter H-4, or painter H-6; and whose principal
10        responsibility is to perform, on the roadway, the
11        actual maintenance necessary to keep the Authority's
12        tollways in serviceable condition for vehicular
13        traffic.
14        The changes to this item (18) made by this amendatory
15    Act of the 103rd General Assembly apply without regard to
16    whether the member was in service on or after its
17    effective date, but do not entitle any person to
18    recalculation of any pension or other benefit already
19    granted.
20        (19) The term "security employee of the Department of
21    Innovation and Technology" means a person who was a
22    security employee of the Department of Corrections or the
23    Department of Juvenile Justice, was transferred to the
24    Department of Innovation and Technology pursuant to
25    Executive Order 2016-01, and continues to perform similar
26    job functions under that Department.

 

 

HB5261- 13 -LRB103 38573 RPS 68709 b

1        (20) "Transferred employee" means an employee who was
2    transferred to the Department of Central Management
3    Services by Executive Order No. 2003-10 or Executive Order
4    No. 2004-2 or transferred to the Department of Innovation
5    and Technology by Executive Order No. 2016-1, or both, and
6    was entitled to eligible creditable service for services
7    immediately preceding the transfer.
8    (d) A security employee of the Department of Corrections
9or the Department of Juvenile Justice, a security employee of
10the Department of Human Services who is not a mental health
11police officer, and a security employee of the Department of
12Innovation and Technology shall not be eligible for the
13alternative retirement annuity provided by this Section unless
14he or she meets the following minimum age and service
15requirements at the time of retirement:
16        (i) 25 years of eligible creditable service and age
17    55; or
18        (ii) beginning January 1, 1987, 25 years of eligible
19    creditable service and age 54, or 24 years of eligible
20    creditable service and age 55; or
21        (iii) beginning January 1, 1988, 25 years of eligible
22    creditable service and age 53, or 23 years of eligible
23    creditable service and age 55; or
24        (iv) beginning January 1, 1989, 25 years of eligible
25    creditable service and age 52, or 22 years of eligible
26    creditable service and age 55; or

 

 

HB5261- 14 -LRB103 38573 RPS 68709 b

1        (v) beginning January 1, 1990, 25 years of eligible
2    creditable service and age 51, or 21 years of eligible
3    creditable service and age 55; or
4        (vi) beginning January 1, 1991, 25 years of eligible
5    creditable service and age 50, or 20 years of eligible
6    creditable service and age 55.
7    Persons who have service credit under Article 16 of this
8Code for service as a security employee of the Department of
9Corrections or the Department of Juvenile Justice, or the
10Department of Human Services in a position requiring
11certification as a teacher may count such service toward
12establishing their eligibility under the service requirements
13of this Section; but such service may be used only for
14establishing such eligibility, and not for the purpose of
15increasing or calculating any benefit.
16    (e) If a member enters military service while working in a
17position in which eligible creditable service may be earned,
18and returns to State service in the same or another such
19position, and fulfills in all other respects the conditions
20prescribed in this Article for credit for military service,
21such military service shall be credited as eligible creditable
22service for the purposes of the retirement annuity prescribed
23in this Section.
24    (f) For purposes of calculating retirement annuities under
25this Section, periods of service rendered after December 31,
261968 and before October 1, 1975 as a covered employee in the

 

 

HB5261- 15 -LRB103 38573 RPS 68709 b

1position of special agent, conservation police officer, mental
2health police officer, or investigator for the Secretary of
3State, shall be deemed to have been service as a noncovered
4employee, provided that the employee pays to the System prior
5to retirement an amount equal to (1) the difference between
6the employee contributions that would have been required for
7such service as a noncovered employee, and the amount of
8employee contributions actually paid, plus (2) if payment is
9made after July 31, 1987, regular interest on the amount
10specified in item (1) from the date of service to the date of
11payment.
12    For purposes of calculating retirement annuities under
13this Section, periods of service rendered after December 31,
141968 and before January 1, 1982 as a covered employee in the
15position of investigator for the Department of Revenue shall
16be deemed to have been service as a noncovered employee,
17provided that the employee pays to the System prior to
18retirement an amount equal to (1) the difference between the
19employee contributions that would have been required for such
20service as a noncovered employee, and the amount of employee
21contributions actually paid, plus (2) if payment is made after
22January 1, 1990, regular interest on the amount specified in
23item (1) from the date of service to the date of payment.
24    (g) A State policeman may elect, not later than January 1,
251990, to establish eligible creditable service for up to 10
26years of his service as a policeman under Article 3, by filing

 

 

HB5261- 16 -LRB103 38573 RPS 68709 b

1a written election with the Board, accompanied by payment of
2an amount to be determined by the Board, equal to (i) the
3difference between the amount of employee and employer
4contributions transferred to the System under Section 3-110.5,
5and the amounts that would have been contributed had such
6contributions been made at the rates applicable to State
7policemen, plus (ii) interest thereon at the effective rate
8for each year, compounded annually, from the date of service
9to the date of payment.
10    Subject to the limitation in subsection (i), a State
11policeman may elect, not later than July 1, 1993, to establish
12eligible creditable service for up to 10 years of his service
13as a member of the County Police Department under Article 9, by
14filing a written election with the Board, accompanied by
15payment of an amount to be determined by the Board, equal to
16(i) the difference between the amount of employee and employer
17contributions transferred to the System under Section 9-121.10
18and the amounts that would have been contributed had those
19contributions been made at the rates applicable to State
20policemen, plus (ii) interest thereon at the effective rate
21for each year, compounded annually, from the date of service
22to the date of payment.
23    (h) Subject to the limitation in subsection (i), a State
24policeman or investigator for the Secretary of State may elect
25to establish eligible creditable service for up to 12 years of
26his service as a policeman under Article 5, by filing a written

 

 

HB5261- 17 -LRB103 38573 RPS 68709 b

1election with the Board on or before January 31, 1992, and
2paying to the System by January 31, 1994 an amount to be
3determined by the Board, equal to (i) the difference between
4the amount of employee and employer contributions transferred
5to the System under Section 5-236, and the amounts that would
6have been contributed had such contributions been made at the
7rates applicable to State policemen, plus (ii) interest
8thereon at the effective rate for each year, compounded
9annually, from the date of service to the date of payment.
10    Subject to the limitation in subsection (i), a State
11policeman, conservation police officer, or investigator for
12the Secretary of State may elect to establish eligible
13creditable service for up to 10 years of service as a sheriff's
14law enforcement employee under Article 7, by filing a written
15election with the Board on or before January 31, 1993, and
16paying to the System by January 31, 1994 an amount to be
17determined by the Board, equal to (i) the difference between
18the amount of employee and employer contributions transferred
19to the System under Section 7-139.7, and the amounts that
20would have been contributed had such contributions been made
21at the rates applicable to State policemen, plus (ii) interest
22thereon at the effective rate for each year, compounded
23annually, from the date of service to the date of payment.
24    Subject to the limitation in subsection (i), a State
25policeman, conservation police officer, or investigator for
26the Secretary of State may elect to establish eligible

 

 

HB5261- 18 -LRB103 38573 RPS 68709 b

1creditable service for up to 5 years of service as a police
2officer under Article 3, a policeman under Article 5, a
3sheriff's law enforcement employee under Article 7, a member
4of the county police department under Article 9, or a police
5officer under Article 15 by filing a written election with the
6Board and paying to the System an amount to be determined by
7the Board, equal to (i) the difference between the amount of
8employee and employer contributions transferred to the System
9under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
10and the amounts that would have been contributed had such
11contributions been made at the rates applicable to State
12policemen, plus (ii) interest thereon at the effective rate
13for each year, compounded annually, from the date of service
14to the date of payment.
15    Subject to the limitation in subsection (i), an
16investigator for the Office of the Attorney General, or an
17investigator for the Department of Revenue, may elect to
18establish eligible creditable service for up to 5 years of
19service as a police officer under Article 3, a policeman under
20Article 5, a sheriff's law enforcement employee under Article
217, or a member of the county police department under Article 9
22by filing a written election with the Board within 6 months
23after August 25, 2009 (the effective date of Public Act
2496-745) and paying to the System an amount to be determined by
25the Board, equal to (i) the difference between the amount of
26employee and employer contributions transferred to the System

 

 

HB5261- 19 -LRB103 38573 RPS 68709 b

1under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
2amounts that would have been contributed had such
3contributions been made at the rates applicable to State
4policemen, plus (ii) interest thereon at the actuarially
5assumed rate for each year, compounded annually, from the date
6of service to the date of payment.
7    Subject to the limitation in subsection (i), a State
8policeman, conservation police officer, investigator for the
9Office of the Attorney General, an investigator for the
10Department of Revenue, or investigator for the Secretary of
11State may elect to establish eligible creditable service for
12up to 5 years of service as a person employed by a
13participating municipality to perform police duties, or law
14enforcement officer employed on a full-time basis by a forest
15preserve district under Article 7, a county corrections
16officer, or a court services officer under Article 9, by
17filing a written election with the Board within 6 months after
18August 25, 2009 (the effective date of Public Act 96-745) and
19paying to the System an amount to be determined by the Board,
20equal to (i) the difference between the amount of employee and
21employer contributions transferred to the System under
22Sections 7-139.8 and 9-121.10 and the amounts that would have
23been contributed had such contributions been made at the rates
24applicable to State policemen, plus (ii) interest thereon at
25the actuarially assumed rate for each year, compounded
26annually, from the date of service to the date of payment.

 

 

HB5261- 20 -LRB103 38573 RPS 68709 b

1    Subject to the limitation in subsection (i), a State
2policeman, arson investigator, or Commerce Commission police
3officer may elect to establish eligible creditable service for
4up to 5 years of service as a person employed by a
5participating municipality to perform police duties under
6Article 7, a county corrections officer, a court services
7officer under Article 9, or a firefighter under Article 4 by
8filing a written election with the Board within 6 months after
9July 30, 2021 (the effective date of Public Act 102-210) and
10paying to the System an amount to be determined by the Board
11equal to (i) the difference between the amount of employee and
12employer contributions transferred to the System under
13Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
14would have been contributed had such contributions been made
15at the rates applicable to State policemen, plus (ii) interest
16thereon at the actuarially assumed rate for each year,
17compounded annually, from the date of service to the date of
18payment.
19    Subject to the limitation in subsection (i), a
20conservation police officer may elect to establish eligible
21creditable service for up to 5 years of service as a person
22employed by a participating municipality to perform police
23duties under Article 7, a county corrections officer, or a
24court services officer under Article 9 by filing a written
25election with the Board within 6 months after July 30, 2021
26(the effective date of Public Act 102-210) and paying to the

 

 

HB5261- 21 -LRB103 38573 RPS 68709 b

1System an amount to be determined by the Board equal to (i) the
2difference between the amount of employee and employer
3contributions transferred to the System under Sections 7-139.8
4and 9-121.10 and the amounts that would have been contributed
5had such contributions been made at the rates applicable to
6State policemen, plus (ii) interest thereon at the actuarially
7assumed rate for each year, compounded annually, from the date
8of service to the date of payment.
9    Notwithstanding the limitation in subsection (i), a State
10policeman or conservation police officer may elect to convert
11service credit earned under this Article to eligible
12creditable service, as defined by this Section, by filing a
13written election with the board within 6 months after July 30,
142021 (the effective date of Public Act 102-210) and paying to
15the System an amount to be determined by the Board equal to (i)
16the difference between the amount of employee contributions
17originally paid for that service and the amounts that would
18have been contributed had such contributions been made at the
19rates applicable to State policemen, plus (ii) the difference
20between the employer's normal cost of the credit prior to the
21conversion authorized by Public Act 102-210 and the employer's
22normal cost of the credit converted in accordance with Public
23Act 102-210, plus (iii) interest thereon at the actuarially
24assumed rate for each year, compounded annually, from the date
25of service to the date of payment.
26    (i) The total amount of eligible creditable service

 

 

HB5261- 22 -LRB103 38573 RPS 68709 b

1established by any person under subsections (g), (h), (j),
2(k), (l), (l-5), and (o) of this Section shall not exceed 12
3years.
4    (j) Subject to the limitation in subsection (i), an
5investigator for the Office of the State's Attorneys Appellate
6Prosecutor or a controlled substance inspector may elect to
7establish eligible creditable service for up to 10 years of
8his service as a policeman under Article 3 or a sheriff's law
9enforcement employee under Article 7, by filing a written
10election with the Board, accompanied by payment of an amount
11to be determined by the Board, equal to (1) the difference
12between the amount of employee and employer contributions
13transferred to the System under Section 3-110.6 or 7-139.8,
14and the amounts that would have been contributed had such
15contributions been made at the rates applicable to State
16policemen, plus (2) interest thereon at the effective rate for
17each year, compounded annually, from the date of service to
18the date of payment.
19    (k) Subject to the limitation in subsection (i) of this
20Section, an alternative formula employee may elect to
21establish eligible creditable service for periods spent as a
22full-time law enforcement officer or full-time corrections
23officer employed by the federal government or by a state or
24local government located outside of Illinois, for which credit
25is not held in any other public employee pension fund or
26retirement system. To obtain this credit, the applicant must

 

 

HB5261- 23 -LRB103 38573 RPS 68709 b

1file a written application with the Board by March 31, 1998,
2accompanied by evidence of eligibility acceptable to the Board
3and payment of an amount to be determined by the Board, equal
4to (1) employee contributions for the credit being
5established, based upon the applicant's salary on the first
6day as an alternative formula employee after the employment
7for which credit is being established and the rates then
8applicable to alternative formula employees, plus (2) an
9amount determined by the Board to be the employer's normal
10cost of the benefits accrued for the credit being established,
11plus (3) regular interest on the amounts in items (1) and (2)
12from the first day as an alternative formula employee after
13the employment for which credit is being established to the
14date of payment.
15    (l) Subject to the limitation in subsection (i), a
16security employee of the Department of Corrections may elect,
17not later than July 1, 1998, to establish eligible creditable
18service for up to 10 years of his or her service as a policeman
19under Article 3, by filing a written election with the Board,
20accompanied by payment of an amount to be determined by the
21Board, equal to (i) the difference between the amount of
22employee and employer contributions transferred to the System
23under Section 3-110.5, and the amounts that would have been
24contributed had such contributions been made at the rates
25applicable to security employees of the Department of
26Corrections, plus (ii) interest thereon at the effective rate

 

 

HB5261- 24 -LRB103 38573 RPS 68709 b

1for each year, compounded annually, from the date of service
2to the date of payment.
3    (l-5) Subject to the limitation in subsection (i) of this
4Section, a State policeman may elect to establish eligible
5creditable service for up to 5 years of service as a full-time
6law enforcement officer employed by the federal government or
7by a state or local government located outside of Illinois for
8which credit is not held in any other public employee pension
9fund or retirement system. To obtain this credit, the
10applicant must file a written application with the Board no
11later than 3 years after January 1, 2020 (the effective date of
12Public Act 101-610), accompanied by evidence of eligibility
13acceptable to the Board and payment of an amount to be
14determined by the Board, equal to (1) employee contributions
15for the credit being established, based upon the applicant's
16salary on the first day as an alternative formula employee
17after the employment for which credit is being established and
18the rates then applicable to alternative formula employees,
19plus (2) an amount determined by the Board to be the employer's
20normal cost of the benefits accrued for the credit being
21established, plus (3) regular interest on the amounts in items
22(1) and (2) from the first day as an alternative formula
23employee after the employment for which credit is being
24established to the date of payment.
25    (m) The amendatory changes to this Section made by Public
26Act 94-696 apply only to: (1) security employees of the

 

 

HB5261- 25 -LRB103 38573 RPS 68709 b

1Department of Juvenile Justice employed by the Department of
2Corrections before June 1, 2006 (the effective date of Public
3Act 94-696) and transferred to the Department of Juvenile
4Justice by Public Act 94-696; and (2) persons employed by the
5Department of Juvenile Justice on or after June 1, 2006 (the
6effective date of Public Act 94-696) who are required by
7subsection (b) of Section 3-2.5-15 of the Unified Code of
8Corrections to have any bachelor's or advanced degree from an
9accredited college or university or, in the case of persons
10who provide vocational training, who are required to have
11adequate knowledge in the skill for which they are providing
12the vocational training.
13    (n) A person employed in a position under subsection (b)
14of this Section who has purchased service credit under
15subsection (j) of Section 14-104 or subsection (b) of Section
1614-105 in any other capacity under this Article may convert up
17to 5 years of that service credit into service credit covered
18under this Section by paying to the Fund an amount equal to (1)
19the additional employee contribution required under Section
2014-133, plus (2) the additional employer contribution required
21under Section 14-131, plus (3) interest on items (1) and (2) at
22the actuarially assumed rate from the date of the service to
23the date of payment.
24    (o) Subject to the limitation in subsection (i), a
25conservation police officer, investigator for the Secretary of
26State, Commerce Commission police officer, investigator for

 

 

HB5261- 26 -LRB103 38573 RPS 68709 b

1the Department of Revenue or the Illinois Gaming Board, or
2arson investigator subject to subsection (g) of Section 1-160
3may elect to convert up to 8 years of service credit
4established before January 1, 2020 (the effective date of
5Public Act 101-610) as a conservation police officer,
6investigator for the Secretary of State, Commerce Commission
7police officer, investigator for the Department of Revenue or
8the Illinois Gaming Board, or arson investigator under this
9Article into eligible creditable service by filing a written
10election with the Board no later than one year after January 1,
112020 (the effective date of Public Act 101-610), accompanied
12by payment of an amount to be determined by the Board equal to
13(i) the difference between the amount of the employee
14contributions actually paid for that service and the amount of
15the employee contributions that would have been paid had the
16employee contributions been made as a noncovered employee
17serving in a position in which eligible creditable service, as
18defined in this Section, may be earned, plus (ii) interest
19thereon at the effective rate for each year, compounded
20annually, from the date of service to the date of payment.
21    (q) A person who is employed on a full-time basis by the
22Illinois Department of Transportation in the position of sign
23hanger or sign hanger foreman may elect to convert service
24credit earned under this Article to eligible creditable
25service by filing a written election with the Board and paying
26to the System an amount to be determined by the Board equal to

 

 

HB5261- 27 -LRB103 38573 RPS 68709 b

1(i) the difference between the amount of employee
2contributions originally paid for that service and the amounts
3that would have been contributed had such contributions been
4made at the rates applicable to State highway maintenance
5workers, plus (ii) the difference between the employer's
6normal cost of the credit prior to the conversion authorized
7by this amendatory Act of the 103rd General Assembly and the
8employer's normal cost of the credit converted in accordance
9with this amendatory Act of the 103rd General Assembly, plus
10(iii) interest thereon at the actuarially assumed rate for
11each year, compounded annually, from the date of service to
12the date of payment.
13(Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
14102-813, eff. 5-13-22; 103-34, eff. 1-1-24.)
 
15    (Text of Section from P.A. 102-856 and 103-34)
16    Sec. 14-110. Alternative retirement annuity.
17    (a) Any member who has withdrawn from service with not
18less than 20 years of eligible creditable service and has
19attained age 55, and any member who has withdrawn from service
20with not less than 25 years of eligible creditable service and
21has attained age 50, regardless of whether the attainment of
22either of the specified ages occurs while the member is still
23in service, shall be entitled to receive at the option of the
24member, in lieu of the regular or minimum retirement annuity,
25a retirement annuity computed as follows:

 

 

HB5261- 28 -LRB103 38573 RPS 68709 b

1        (i) for periods of service as a noncovered employee:
2    if retirement occurs on or after January 1, 2001, 3% of
3    final average compensation for each year of creditable
4    service; if retirement occurs before January 1, 2001, 2
5    1/4% of final average compensation for each of the first
6    10 years of creditable service, 2 1/2% for each year above
7    10 years to and including 20 years of creditable service,
8    and 2 3/4% for each year of creditable service above 20
9    years; and
10        (ii) for periods of eligible creditable service as a
11    covered employee: if retirement occurs on or after January
12    1, 2001, 2.5% of final average compensation for each year
13    of creditable service; if retirement occurs before January
14    1, 2001, 1.67% of final average compensation for each of
15    the first 10 years of such service, 1.90% for each of the
16    next 10 years of such service, 2.10% for each year of such
17    service in excess of 20 but not exceeding 30, and 2.30% for
18    each year in excess of 30.
19    Such annuity shall be subject to a maximum of 75% of final
20average compensation if retirement occurs before January 1,
212001 or to a maximum of 80% of final average compensation if
22retirement occurs on or after January 1, 2001.
23    These rates shall not be applicable to any service
24performed by a member as a covered employee which is not
25eligible creditable service. Service as a covered employee
26which is not eligible creditable service shall be subject to

 

 

HB5261- 29 -LRB103 38573 RPS 68709 b

1the rates and provisions of Section 14-108.
2    (b) For the purpose of this Section, "eligible creditable
3service" means creditable service resulting from service in
4one or more of the following positions:
5        (1) State policeman;
6        (2) fire fighter in the fire protection service of a
7    department;
8        (3) air pilot;
9        (4) special agent;
10        (5) investigator for the Secretary of State;
11        (6) conservation police officer;
12        (7) investigator for the Department of Revenue or the
13    Illinois Gaming Board;
14        (8) security employee of the Department of Human
15    Services;
16        (9) Central Management Services security police
17    officer;
18        (10) security employee of the Department of
19    Corrections or the Department of Juvenile Justice;
20        (11) dangerous drugs investigator;
21        (12) investigator for the Illinois State Police;
22        (13) investigator for the Office of the Attorney
23    General;
24        (14) controlled substance inspector;
25        (15) investigator for the Office of the State's
26    Attorneys Appellate Prosecutor;

 

 

HB5261- 30 -LRB103 38573 RPS 68709 b

1        (16) Commerce Commission police officer;
2        (17) arson investigator;
3        (18) State highway maintenance worker;
4        (19) security employee of the Department of Innovation
5    and Technology; or
6        (20) transferred employee.
7    A person employed in one of the positions specified in
8this subsection is entitled to eligible creditable service for
9service credit earned under this Article while undergoing the
10basic police training course approved by the Illinois Law
11Enforcement Training Standards Board, if completion of that
12training is required of persons serving in that position. For
13the purposes of this Code, service during the required basic
14police training course shall be deemed performance of the
15duties of the specified position, even though the person is
16not a sworn peace officer at the time of the training.
17    A person under paragraph (20) is entitled to eligible
18creditable service for service credit earned under this
19Article on and after his or her transfer by Executive Order No.
202003-10, Executive Order No. 2004-2, or Executive Order No.
212016-1.
22    (c) For the purposes of this Section:
23        (1) The term "State policeman" includes any title or
24    position in the Illinois State Police that is held by an
25    individual employed under the Illinois State Police Act.
26        (2) The term "fire fighter in the fire protection

 

 

HB5261- 31 -LRB103 38573 RPS 68709 b

1    service of a department" includes all officers in such
2    fire protection service including fire chiefs and
3    assistant fire chiefs.
4        (3) The term "air pilot" includes any employee whose
5    official job description on file in the Department of
6    Central Management Services, or in the department by which
7    he is employed if that department is not covered by the
8    Personnel Code, states that his principal duty is the
9    operation of aircraft, and who possesses a pilot's
10    license; however, the change in this definition made by
11    Public Act 83-842 shall not operate to exclude any
12    noncovered employee who was an "air pilot" for the
13    purposes of this Section on January 1, 1984.
14        (4) The term "special agent" means any person who by
15    reason of employment by the Division of Narcotic Control,
16    the Bureau of Investigation or, after July 1, 1977, the
17    Division of Criminal Investigation, the Division of
18    Internal Investigation, the Division of Operations, the
19    Division of Patrol, or any other Division or
20    organizational entity in the Illinois State Police is
21    vested by law with duties to maintain public order,
22    investigate violations of the criminal law of this State,
23    enforce the laws of this State, make arrests and recover
24    property. The term "special agent" includes any title or
25    position in the Illinois State Police that is held by an
26    individual employed under the Illinois State Police Act.

 

 

HB5261- 32 -LRB103 38573 RPS 68709 b

1        (5) The term "investigator for the Secretary of State"
2    means any person employed by the Office of the Secretary
3    of State and vested with such investigative duties as
4    render him ineligible for coverage under the Social
5    Security Act by reason of Sections 218(d)(5)(A),
6    218(d)(8)(D) and 218(l)(1) of that Act.
7        A person who became employed as an investigator for
8    the Secretary of State between January 1, 1967 and
9    December 31, 1975, and who has served as such until
10    attainment of age 60, either continuously or with a single
11    break in service of not more than 3 years duration, which
12    break terminated before January 1, 1976, shall be entitled
13    to have his retirement annuity calculated in accordance
14    with subsection (a), notwithstanding that he has less than
15    20 years of credit for such service.
16        (6) The term "Conservation Police Officer" means any
17    person employed by the Division of Law Enforcement of the
18    Department of Natural Resources and vested with such law
19    enforcement duties as render him ineligible for coverage
20    under the Social Security Act by reason of Sections
21    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
22    term "Conservation Police Officer" includes the positions
23    of Chief Conservation Police Administrator and Assistant
24    Conservation Police Administrator.
25        (7) The term "investigator for the Department of
26    Revenue" means any person employed by the Department of

 

 

HB5261- 33 -LRB103 38573 RPS 68709 b

1    Revenue and vested with such investigative duties as
2    render him ineligible for coverage under the Social
3    Security Act by reason of Sections 218(d)(5)(A),
4    218(d)(8)(D) and 218(l)(1) of that Act.
5        The term "investigator for the Illinois Gaming Board"
6    means any person employed as such by the Illinois Gaming
7    Board and vested with such peace officer duties as render
8    the person ineligible for coverage under the Social
9    Security Act by reason of Sections 218(d)(5)(A),
10    218(d)(8)(D), and 218(l)(1) of that Act.
11        (8) The term "security employee of the Department of
12    Human Services" means any person employed by the
13    Department of Human Services who (i) is employed at the
14    Chester Mental Health Center and has daily contact with
15    the residents thereof, (ii) is employed within a security
16    unit at a facility operated by the Department and has
17    daily contact with the residents of the security unit,
18    (iii) is employed at a facility operated by the Department
19    that includes a security unit and is regularly scheduled
20    to work at least 50% of his or her working hours within
21    that security unit, or (iv) is a mental health police
22    officer. "Mental health police officer" means any person
23    employed by the Department of Human Services in a position
24    pertaining to the Department's mental health and
25    developmental disabilities functions who is vested with
26    such law enforcement duties as render the person

 

 

HB5261- 34 -LRB103 38573 RPS 68709 b

1    ineligible for coverage under the Social Security Act by
2    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
3    218(l)(1) of that Act. "Security unit" means that portion
4    of a facility that is devoted to the care, containment,
5    and treatment of persons committed to the Department of
6    Human Services as sexually violent persons, persons unfit
7    to stand trial, or persons not guilty by reason of
8    insanity. With respect to past employment, references to
9    the Department of Human Services include its predecessor,
10    the Department of Mental Health and Developmental
11    Disabilities.
12        The changes made to this subdivision (c)(8) by Public
13    Act 92-14 apply to persons who retire on or after January
14    1, 2001, notwithstanding Section 1-103.1.
15        (9) "Central Management Services security police
16    officer" means any person employed by the Department of
17    Central Management Services who is vested with such law
18    enforcement duties as render him ineligible for coverage
19    under the Social Security Act by reason of Sections
20    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
21        (10) For a member who first became an employee under
22    this Article before July 1, 2005, the term "security
23    employee of the Department of Corrections or the
24    Department of Juvenile Justice" means any employee of the
25    Department of Corrections or the Department of Juvenile
26    Justice or the former Department of Personnel, and any

 

 

HB5261- 35 -LRB103 38573 RPS 68709 b

1    member or employee of the Prisoner Review Board, who has
2    daily contact with inmates or youth by working within a
3    correctional facility or Juvenile facility operated by the
4    Department of Juvenile Justice or who is a parole officer
5    or an employee who has direct contact with committed
6    persons in the performance of his or her job duties. For a
7    member who first becomes an employee under this Article on
8    or after July 1, 2005, the term means an employee of the
9    Department of Corrections or the Department of Juvenile
10    Justice who is any of the following: (i) officially
11    headquartered at a correctional facility or Juvenile
12    facility operated by the Department of Juvenile Justice,
13    (ii) a parole officer, (iii) a member of the apprehension
14    unit, (iv) a member of the intelligence unit, (v) a member
15    of the sort team, or (vi) an investigator.
16        (11) The term "dangerous drugs investigator" means any
17    person who is employed as such by the Department of Human
18    Services.
19        (12) The term "investigator for the Illinois State
20    Police" means a person employed by the Illinois State
21    Police who is vested under Section 4 of the Narcotic
22    Control Division Abolition Act with such law enforcement
23    powers as render him ineligible for coverage under the
24    Social Security Act by reason of Sections 218(d)(5)(A),
25    218(d)(8)(D) and 218(l)(1) of that Act.
26        (13) "Investigator for the Office of the Attorney

 

 

HB5261- 36 -LRB103 38573 RPS 68709 b

1    General" means any person who is employed as such by the
2    Office of the Attorney General and is vested with such
3    investigative duties as render him ineligible for coverage
4    under the Social Security Act by reason of Sections
5    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
6    the period before January 1, 1989, the term includes all
7    persons who were employed as investigators by the Office
8    of the Attorney General, without regard to social security
9    status.
10        (14) "Controlled substance inspector" means any person
11    who is employed as such by the Department of Professional
12    Regulation and is vested with such law enforcement duties
13    as render him ineligible for coverage under the Social
14    Security Act by reason of Sections 218(d)(5)(A),
15    218(d)(8)(D) and 218(l)(1) of that Act. The term
16    "controlled substance inspector" includes the Program
17    Executive of Enforcement and the Assistant Program
18    Executive of Enforcement.
19        (15) The term "investigator for the Office of the
20    State's Attorneys Appellate Prosecutor" means a person
21    employed in that capacity on a full-time basis under the
22    authority of Section 7.06 of the State's Attorneys
23    Appellate Prosecutor's Act.
24        (16) "Commerce Commission police officer" means any
25    person employed by the Illinois Commerce Commission who is
26    vested with such law enforcement duties as render him

 

 

HB5261- 37 -LRB103 38573 RPS 68709 b

1    ineligible for coverage under the Social Security Act by
2    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
3    218(l)(1) of that Act.
4        (17) "Arson investigator" means any person who is
5    employed as such by the Office of the State Fire Marshal
6    and is vested with such law enforcement duties as render
7    the person ineligible for coverage under the Social
8    Security Act by reason of Sections 218(d)(5)(A),
9    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
10    employed as an arson investigator on January 1, 1995 and
11    is no longer in service but not yet receiving a retirement
12    annuity may convert his or her creditable service for
13    employment as an arson investigator into eligible
14    creditable service by paying to the System the difference
15    between the employee contributions actually paid for that
16    service and the amounts that would have been contributed
17    if the applicant were contributing at the rate applicable
18    to persons with the same social security status earning
19    eligible creditable service on the date of application.
20        (18) The term "State highway maintenance worker" means
21    a person who is either of the following:
22            (i) A person employed on a full-time basis by the
23        Illinois Department of Transportation in the position
24        of highway maintainer, highway maintenance lead
25        worker, highway maintenance lead/lead worker, sign
26        hanger, sign hanger foreman, heavy construction

 

 

HB5261- 38 -LRB103 38573 RPS 68709 b

1        equipment operator, power shovel operator, or bridge
2        mechanic; and whose principal responsibility is to
3        perform, on the roadway, the actual maintenance
4        necessary to keep the highways that form a part of the
5        State highway system in serviceable condition for
6        vehicular traffic.
7            (ii) A person employed on a full-time basis by the
8        Illinois State Toll Highway Authority in the position
9        of equipment operator/laborer H-4, equipment
10        operator/laborer H-6, welder H-4, welder H-6,
11        mechanical/electrical H-4, mechanical/electrical H-6,
12        water/sewer H-4, water/sewer H-6, sign maker/hanger
13        H-4, sign maker/hanger H-6, roadway lighting H-4,
14        roadway lighting H-6, structural H-4, structural H-6,
15        painter H-4, or painter H-6; and whose principal
16        responsibility is to perform, on the roadway, the
17        actual maintenance necessary to keep the Authority's
18        tollways in serviceable condition for vehicular
19        traffic.
20        The changes to this item (18) made by this amendatory
21    Act of the 103rd General Assembly apply without regard to
22    whether the member was in service on or after its
23    effective date, but do not entitle any person to
24    recalculation of any pension or other benefit already
25    granted.
26        (19) The term "security employee of the Department of

 

 

HB5261- 39 -LRB103 38573 RPS 68709 b

1    Innovation and Technology" means a person who was a
2    security employee of the Department of Corrections or the
3    Department of Juvenile Justice, was transferred to the
4    Department of Innovation and Technology pursuant to
5    Executive Order 2016-01, and continues to perform similar
6    job functions under that Department.
7        (20) "Transferred employee" means an employee who was
8    transferred to the Department of Central Management
9    Services by Executive Order No. 2003-10 or Executive Order
10    No. 2004-2 or transferred to the Department of Innovation
11    and Technology by Executive Order No. 2016-1, or both, and
12    was entitled to eligible creditable service for services
13    immediately preceding the transfer.
14    (d) A security employee of the Department of Corrections
15or the Department of Juvenile Justice, a security employee of
16the Department of Human Services who is not a mental health
17police officer, and a security employee of the Department of
18Innovation and Technology shall not be eligible for the
19alternative retirement annuity provided by this Section unless
20he or she meets the following minimum age and service
21requirements at the time of retirement:
22        (i) 25 years of eligible creditable service and age
23    55; or
24        (ii) beginning January 1, 1987, 25 years of eligible
25    creditable service and age 54, or 24 years of eligible
26    creditable service and age 55; or

 

 

HB5261- 40 -LRB103 38573 RPS 68709 b

1        (iii) beginning January 1, 1988, 25 years of eligible
2    creditable service and age 53, or 23 years of eligible
3    creditable service and age 55; or
4        (iv) beginning January 1, 1989, 25 years of eligible
5    creditable service and age 52, or 22 years of eligible
6    creditable service and age 55; or
7        (v) beginning January 1, 1990, 25 years of eligible
8    creditable service and age 51, or 21 years of eligible
9    creditable service and age 55; or
10        (vi) beginning January 1, 1991, 25 years of eligible
11    creditable service and age 50, or 20 years of eligible
12    creditable service and age 55.
13    Persons who have service credit under Article 16 of this
14Code for service as a security employee of the Department of
15Corrections or the Department of Juvenile Justice, or the
16Department of Human Services in a position requiring
17certification as a teacher may count such service toward
18establishing their eligibility under the service requirements
19of this Section; but such service may be used only for
20establishing such eligibility, and not for the purpose of
21increasing or calculating any benefit.
22    (e) If a member enters military service while working in a
23position in which eligible creditable service may be earned,
24and returns to State service in the same or another such
25position, and fulfills in all other respects the conditions
26prescribed in this Article for credit for military service,

 

 

HB5261- 41 -LRB103 38573 RPS 68709 b

1such military service shall be credited as eligible creditable
2service for the purposes of the retirement annuity prescribed
3in this Section.
4    (f) For purposes of calculating retirement annuities under
5this Section, periods of service rendered after December 31,
61968 and before October 1, 1975 as a covered employee in the
7position of special agent, conservation police officer, mental
8health police officer, or investigator for the Secretary of
9State, shall be deemed to have been service as a noncovered
10employee, provided that the employee pays to the System prior
11to retirement an amount equal to (1) the difference between
12the employee contributions that would have been required for
13such service as a noncovered employee, and the amount of
14employee contributions actually paid, plus (2) if payment is
15made after July 31, 1987, regular interest on the amount
16specified in item (1) from the date of service to the date of
17payment.
18    For purposes of calculating retirement annuities under
19this Section, periods of service rendered after December 31,
201968 and before January 1, 1982 as a covered employee in the
21position of investigator for the Department of Revenue shall
22be deemed to have been service as a noncovered employee,
23provided that the employee pays to the System prior to
24retirement an amount equal to (1) the difference between the
25employee contributions that would have been required for such
26service as a noncovered employee, and the amount of employee

 

 

HB5261- 42 -LRB103 38573 RPS 68709 b

1contributions actually paid, plus (2) if payment is made after
2January 1, 1990, regular interest on the amount specified in
3item (1) from the date of service to the date of payment.
4    (g) A State policeman may elect, not later than January 1,
51990, to establish eligible creditable service for up to 10
6years of his service as a policeman under Article 3, by filing
7a written election with the Board, accompanied by payment of
8an amount to be determined by the Board, equal to (i) the
9difference between the amount of employee and employer
10contributions transferred to the System under Section 3-110.5,
11and the amounts that would have been contributed had such
12contributions been made at the rates applicable to State
13policemen, plus (ii) interest thereon at the effective rate
14for each year, compounded annually, from the date of service
15to the date of payment.
16    Subject to the limitation in subsection (i), a State
17policeman may elect, not later than July 1, 1993, to establish
18eligible creditable service for up to 10 years of his service
19as a member of the County Police Department under Article 9, by
20filing a written election with the Board, accompanied by
21payment of an amount to be determined by the Board, equal to
22(i) the difference between the amount of employee and employer
23contributions transferred to the System under Section 9-121.10
24and the amounts that would have been contributed had those
25contributions been made at the rates applicable to State
26policemen, plus (ii) interest thereon at the effective rate

 

 

HB5261- 43 -LRB103 38573 RPS 68709 b

1for each year, compounded annually, from the date of service
2to the date of payment.
3    (h) Subject to the limitation in subsection (i), a State
4policeman or investigator for the Secretary of State may elect
5to establish eligible creditable service for up to 12 years of
6his service as a policeman under Article 5, by filing a written
7election with the Board on or before January 31, 1992, and
8paying to the System by January 31, 1994 an amount to be
9determined by the Board, equal to (i) the difference between
10the amount of employee and employer contributions transferred
11to the System under Section 5-236, and the amounts that would
12have been contributed had such contributions been made at the
13rates applicable to State policemen, plus (ii) interest
14thereon at the effective rate for each year, compounded
15annually, from the date of service to the date of payment.
16    Subject to the limitation in subsection (i), a State
17policeman, conservation police officer, or investigator for
18the Secretary of State may elect to establish eligible
19creditable service for up to 10 years of service as a sheriff's
20law enforcement employee under Article 7, by filing a written
21election with the Board on or before January 31, 1993, and
22paying to the System by January 31, 1994 an amount to be
23determined by the Board, equal to (i) the difference between
24the amount of employee and employer contributions transferred
25to the System under Section 7-139.7, and the amounts that
26would have been contributed had such contributions been made

 

 

HB5261- 44 -LRB103 38573 RPS 68709 b

1at the rates applicable to State policemen, plus (ii) interest
2thereon at the effective rate for each year, compounded
3annually, from the date of service to the date of payment.
4    Subject to the limitation in subsection (i), a State
5policeman, conservation police officer, or investigator for
6the Secretary of State may elect to establish eligible
7creditable service for up to 5 years of service as a police
8officer under Article 3, a policeman under Article 5, a
9sheriff's law enforcement employee under Article 7, a member
10of the county police department under Article 9, or a police
11officer under Article 15 by filing a written election with the
12Board and paying to the System an amount to be determined by
13the Board, equal to (i) the difference between the amount of
14employee and employer contributions transferred to the System
15under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
16and the amounts that would have been contributed had such
17contributions been made at the rates applicable to State
18policemen, plus (ii) interest thereon at the effective rate
19for each year, compounded annually, from the date of service
20to the date of payment.
21    Subject to the limitation in subsection (i), an
22investigator for the Office of the Attorney General, or an
23investigator for the Department of Revenue, may elect to
24establish eligible creditable service for up to 5 years of
25service as a police officer under Article 3, a policeman under
26Article 5, a sheriff's law enforcement employee under Article

 

 

HB5261- 45 -LRB103 38573 RPS 68709 b

17, or a member of the county police department under Article 9
2by filing a written election with the Board within 6 months
3after August 25, 2009 (the effective date of Public Act
496-745) and paying to the System an amount to be determined by
5the Board, equal to (i) the difference between the amount of
6employee and employer contributions transferred to the System
7under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
8amounts that would have been contributed had such
9contributions been made at the rates applicable to State
10policemen, plus (ii) interest thereon at the actuarially
11assumed rate for each year, compounded annually, from the date
12of service to the date of payment.
13    Subject to the limitation in subsection (i), a State
14policeman, conservation police officer, investigator for the
15Office of the Attorney General, an investigator for the
16Department of Revenue, or investigator for the Secretary of
17State may elect to establish eligible creditable service for
18up to 5 years of service as a person employed by a
19participating municipality to perform police duties, or law
20enforcement officer employed on a full-time basis by a forest
21preserve district under Article 7, a county corrections
22officer, or a court services officer under Article 9, by
23filing a written election with the Board within 6 months after
24August 25, 2009 (the effective date of Public Act 96-745) and
25paying to the System an amount to be determined by the Board,
26equal to (i) the difference between the amount of employee and

 

 

HB5261- 46 -LRB103 38573 RPS 68709 b

1employer contributions transferred to the System under
2Sections 7-139.8 and 9-121.10 and the amounts that would have
3been contributed had such contributions been made at the rates
4applicable to State policemen, plus (ii) interest thereon at
5the actuarially assumed rate for each year, compounded
6annually, from the date of service to the date of payment.
7    Subject to the limitation in subsection (i), a State
8policeman, arson investigator, or Commerce Commission police
9officer may elect to establish eligible creditable service for
10up to 5 years of service as a person employed by a
11participating municipality to perform police duties under
12Article 7, a county corrections officer, a court services
13officer under Article 9, or a firefighter under Article 4 by
14filing a written election with the Board within 6 months after
15July 30, 2021 (the effective date of Public Act 102-210) and
16paying to the System an amount to be determined by the Board
17equal to (i) the difference between the amount of employee and
18employer contributions transferred to the System under
19Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
20would have been contributed had such contributions been made
21at the rates applicable to State policemen, plus (ii) interest
22thereon at the actuarially assumed rate for each year,
23compounded annually, from the date of service to the date of
24payment.
25    Subject to the limitation in subsection (i), a
26conservation police officer may elect to establish eligible

 

 

HB5261- 47 -LRB103 38573 RPS 68709 b

1creditable service for up to 5 years of service as a person
2employed by a participating municipality to perform police
3duties under Article 7, a county corrections officer, or a
4court services officer under Article 9 by filing a written
5election with the Board within 6 months after July 30, 2021
6(the effective date of Public Act 102-210) and paying to the
7System an amount to be determined by the Board equal to (i) the
8difference between the amount of employee and employer
9contributions transferred to the System under Sections 7-139.8
10and 9-121.10 and the amounts that would have been contributed
11had such contributions been made at the rates applicable to
12State policemen, plus (ii) interest thereon at the actuarially
13assumed rate for each year, compounded annually, from the date
14of service to the date of payment.
15    Subject to the limitation in subsection (i), an
16investigator for the Department of Revenue, investigator for
17the Illinois Gaming Board, investigator for the Secretary of
18State, or arson investigator may elect to establish eligible
19creditable service for up to 5 years of service as a person
20employed by a participating municipality to perform police
21duties under Article 7, a county corrections officer, a court
22services officer under Article 9, or a firefighter under
23Article 4 by filing a written election with the Board within 6
24months after the effective date of this amendatory Act of the
25102nd General Assembly and paying to the System an amount to be
26determined by the Board equal to (i) the difference between

 

 

HB5261- 48 -LRB103 38573 RPS 68709 b

1the amount of employee and employer contributions transferred
2to the System under Sections 4-108.8, 7-139.8, and 9-121.10
3and the amounts that would have been contributed had such
4contributions been made at the rates applicable to State
5policemen, plus (ii) interest thereon at the actuarially
6assumed rate for each year, compounded annually, from the date
7of service to the date of payment.
8    Notwithstanding the limitation in subsection (i), a State
9policeman or conservation police officer may elect to convert
10service credit earned under this Article to eligible
11creditable service, as defined by this Section, by filing a
12written election with the board within 6 months after July 30,
132021 (the effective date of Public Act 102-210) and paying to
14the System an amount to be determined by the Board equal to (i)
15the difference between the amount of employee contributions
16originally paid for that service and the amounts that would
17have been contributed had such contributions been made at the
18rates applicable to State policemen, plus (ii) the difference
19between the employer's normal cost of the credit prior to the
20conversion authorized by Public Act 102-210 and the employer's
21normal cost of the credit converted in accordance with Public
22Act 102-210, plus (iii) interest thereon at the actuarially
23assumed rate for each year, compounded annually, from the date
24of service to the date of payment.
25    Notwithstanding the limitation in subsection (i), an
26investigator for the Department of Revenue, investigator for

 

 

HB5261- 49 -LRB103 38573 RPS 68709 b

1the Illinois Gaming Board, investigator for the Secretary of
2State, or arson investigator may elect to convert service
3credit earned under this Article to eligible creditable
4service, as defined by this Section, by filing a written
5election with the Board within 6 months after the effective
6date of this amendatory Act of the 102nd General Assembly and
7paying to the System an amount to be determined by the Board
8equal to (i) the difference between the amount of employee
9contributions originally paid for that service and the amounts
10that would have been contributed had such contributions been
11made at the rates applicable to investigators for the
12Department of Revenue, investigators for the Illinois Gaming
13Board, investigators for the Secretary of State, or arson
14investigators, plus (ii) the difference between the employer's
15normal cost of the credit prior to the conversion authorized
16by this amendatory Act of the 102nd General Assembly and the
17employer's normal cost of the credit converted in accordance
18with this amendatory Act of the 102nd General Assembly, plus
19(iii) interest thereon at the actuarially assumed rate for
20each year, compounded annually, from the date of service to
21the date of payment.
22    (i) The total amount of eligible creditable service
23established by any person under subsections (g), (h), (j),
24(k), (l), (l-5), and (o) of this Section shall not exceed 12
25years.
26    (j) Subject to the limitation in subsection (i), an

 

 

HB5261- 50 -LRB103 38573 RPS 68709 b

1investigator for the Office of the State's Attorneys Appellate
2Prosecutor or a controlled substance inspector may elect to
3establish eligible creditable service for up to 10 years of
4his service as a policeman under Article 3 or a sheriff's law
5enforcement employee under Article 7, by filing a written
6election with the Board, accompanied by payment of an amount
7to be determined by the Board, equal to (1) the difference
8between the amount of employee and employer contributions
9transferred to the System under Section 3-110.6 or 7-139.8,
10and the amounts that would have been contributed had such
11contributions been made at the rates applicable to State
12policemen, plus (2) interest thereon at the effective rate for
13each year, compounded annually, from the date of service to
14the date of payment.
15    (k) Subject to the limitation in subsection (i) of this
16Section, an alternative formula employee may elect to
17establish eligible creditable service for periods spent as a
18full-time law enforcement officer or full-time corrections
19officer employed by the federal government or by a state or
20local government located outside of Illinois, for which credit
21is not held in any other public employee pension fund or
22retirement system. To obtain this credit, the applicant must
23file a written application with the Board by March 31, 1998,
24accompanied by evidence of eligibility acceptable to the Board
25and payment of an amount to be determined by the Board, equal
26to (1) employee contributions for the credit being

 

 

HB5261- 51 -LRB103 38573 RPS 68709 b

1established, based upon the applicant's salary on the first
2day as an alternative formula employee after the employment
3for which credit is being established and the rates then
4applicable to alternative formula employees, plus (2) an
5amount determined by the Board to be the employer's normal
6cost of the benefits accrued for the credit being established,
7plus (3) regular interest on the amounts in items (1) and (2)
8from the first day as an alternative formula employee after
9the employment for which credit is being established to the
10date of payment.
11    (l) Subject to the limitation in subsection (i), a
12security employee of the Department of Corrections may elect,
13not later than July 1, 1998, to establish eligible creditable
14service for up to 10 years of his or her service as a policeman
15under Article 3, by filing a written election with the Board,
16accompanied by payment of an amount to be determined by the
17Board, equal to (i) the difference between the amount of
18employee and employer contributions transferred to the System
19under Section 3-110.5, and the amounts that would have been
20contributed had such contributions been made at the rates
21applicable to security employees of the Department of
22Corrections, plus (ii) interest thereon at the effective rate
23for each year, compounded annually, from the date of service
24to the date of payment.
25    (l-5) Subject to the limitation in subsection (i) of this
26Section, a State policeman may elect to establish eligible

 

 

HB5261- 52 -LRB103 38573 RPS 68709 b

1creditable service for up to 5 years of service as a full-time
2law enforcement officer employed by the federal government or
3by a state or local government located outside of Illinois for
4which credit is not held in any other public employee pension
5fund or retirement system. To obtain this credit, the
6applicant must file a written application with the Board no
7later than 3 years after January 1, 2020 (the effective date of
8Public Act 101-610), accompanied by evidence of eligibility
9acceptable to the Board and payment of an amount to be
10determined by the Board, equal to (1) employee contributions
11for the credit being established, based upon the applicant's
12salary on the first day as an alternative formula employee
13after the employment for which credit is being established and
14the rates then applicable to alternative formula employees,
15plus (2) an amount determined by the Board to be the employer's
16normal cost of the benefits accrued for the credit being
17established, plus (3) regular interest on the amounts in items
18(1) and (2) from the first day as an alternative formula
19employee after the employment for which credit is being
20established to the date of payment.
21    (m) The amendatory changes to this Section made by Public
22Act 94-696 apply only to: (1) security employees of the
23Department of Juvenile Justice employed by the Department of
24Corrections before June 1, 2006 (the effective date of Public
25Act 94-696) and transferred to the Department of Juvenile
26Justice by Public Act 94-696; and (2) persons employed by the

 

 

HB5261- 53 -LRB103 38573 RPS 68709 b

1Department of Juvenile Justice on or after June 1, 2006 (the
2effective date of Public Act 94-696) who are required by
3subsection (b) of Section 3-2.5-15 of the Unified Code of
4Corrections to have any bachelor's or advanced degree from an
5accredited college or university or, in the case of persons
6who provide vocational training, who are required to have
7adequate knowledge in the skill for which they are providing
8the vocational training.
9    (n) A person employed in a position under subsection (b)
10of this Section who has purchased service credit under
11subsection (j) of Section 14-104 or subsection (b) of Section
1214-105 in any other capacity under this Article may convert up
13to 5 years of that service credit into service credit covered
14under this Section by paying to the Fund an amount equal to (1)
15the additional employee contribution required under Section
1614-133, plus (2) the additional employer contribution required
17under Section 14-131, plus (3) interest on items (1) and (2) at
18the actuarially assumed rate from the date of the service to
19the date of payment.
20    (o) Subject to the limitation in subsection (i), a
21conservation police officer, investigator for the Secretary of
22State, Commerce Commission police officer, investigator for
23the Department of Revenue or the Illinois Gaming Board, or
24arson investigator subject to subsection (g) of Section 1-160
25may elect to convert up to 8 years of service credit
26established before January 1, 2020 (the effective date of

 

 

HB5261- 54 -LRB103 38573 RPS 68709 b

1Public Act 101-610) as a conservation police officer,
2investigator for the Secretary of State, Commerce Commission
3police officer, investigator for the Department of Revenue or
4the Illinois Gaming Board, or arson investigator under this
5Article into eligible creditable service by filing a written
6election with the Board no later than one year after January 1,
72020 (the effective date of Public Act 101-610), accompanied
8by payment of an amount to be determined by the Board equal to
9(i) the difference between the amount of the employee
10contributions actually paid for that service and the amount of
11the employee contributions that would have been paid had the
12employee contributions been made as a noncovered employee
13serving in a position in which eligible creditable service, as
14defined in this Section, may be earned, plus (ii) interest
15thereon at the effective rate for each year, compounded
16annually, from the date of service to the date of payment.
17    (q) A person who is employed on a full-time basis by the
18Illinois Department of Transportation in the position of sign
19hanger or sign hanger foreman may elect to convert service
20credit earned under this Article to eligible creditable
21service by filing a written election with the Board and paying
22to the System an amount to be determined by the Board equal to
23(i) the difference between the amount of employee
24contributions originally paid for that service and the amounts
25that would have been contributed had such contributions been
26made at the rates applicable to State highway maintenance

 

 

HB5261- 55 -LRB103 38573 RPS 68709 b

1workers, plus (ii) the difference between the employer's
2normal cost of the credit prior to the conversion authorized
3by this amendatory Act of the 103rd General Assembly and the
4employer's normal cost of the credit converted in accordance
5with this amendatory Act of the 103rd General Assembly, plus
6(iii) interest thereon at the actuarially assumed rate for
7each year, compounded annually, from the date of service to
8the date of payment.
9(Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
10102-856, eff. 1-1-23; 103-34, eff. 1-1-24.)
 
11    (Text of Section from P.A. 102-956 and 103-34)
12    Sec. 14-110. Alternative retirement annuity.
13    (a) Any member who has withdrawn from service with not
14less than 20 years of eligible creditable service and has
15attained age 55, and any member who has withdrawn from service
16with not less than 25 years of eligible creditable service and
17has attained age 50, regardless of whether the attainment of
18either of the specified ages occurs while the member is still
19in service, shall be entitled to receive at the option of the
20member, in lieu of the regular or minimum retirement annuity,
21a retirement annuity computed as follows:
22        (i) for periods of service as a noncovered employee:
23    if retirement occurs on or after January 1, 2001, 3% of
24    final average compensation for each year of creditable
25    service; if retirement occurs before January 1, 2001, 2

 

 

HB5261- 56 -LRB103 38573 RPS 68709 b

1    1/4% of final average compensation for each of the first
2    10 years of creditable service, 2 1/2% for each year above
3    10 years to and including 20 years of creditable service,
4    and 2 3/4% for each year of creditable service above 20
5    years; and
6        (ii) for periods of eligible creditable service as a
7    covered employee: if retirement occurs on or after January
8    1, 2001, 2.5% of final average compensation for each year
9    of creditable service; if retirement occurs before January
10    1, 2001, 1.67% of final average compensation for each of
11    the first 10 years of such service, 1.90% for each of the
12    next 10 years of such service, 2.10% for each year of such
13    service in excess of 20 but not exceeding 30, and 2.30% for
14    each year in excess of 30.
15    Such annuity shall be subject to a maximum of 75% of final
16average compensation if retirement occurs before January 1,
172001 or to a maximum of 80% of final average compensation if
18retirement occurs on or after January 1, 2001.
19    These rates shall not be applicable to any service
20performed by a member as a covered employee which is not
21eligible creditable service. Service as a covered employee
22which is not eligible creditable service shall be subject to
23the rates and provisions of Section 14-108.
24    (b) For the purpose of this Section, "eligible creditable
25service" means creditable service resulting from service in
26one or more of the following positions:

 

 

HB5261- 57 -LRB103 38573 RPS 68709 b

1        (1) State policeman;
2        (2) fire fighter in the fire protection service of a
3    department;
4        (3) air pilot;
5        (4) special agent;
6        (5) investigator for the Secretary of State;
7        (6) conservation police officer;
8        (7) investigator for the Department of Revenue or the
9    Illinois Gaming Board;
10        (8) security employee of the Department of Human
11    Services;
12        (9) Central Management Services security police
13    officer;
14        (10) security employee of the Department of
15    Corrections or the Department of Juvenile Justice;
16        (11) dangerous drugs investigator;
17        (12) investigator for the Illinois State Police;
18        (13) investigator for the Office of the Attorney
19    General;
20        (14) controlled substance inspector;
21        (15) investigator for the Office of the State's
22    Attorneys Appellate Prosecutor;
23        (16) Commerce Commission police officer;
24        (17) arson investigator;
25        (18) State highway maintenance worker;
26        (19) security employee of the Department of Innovation

 

 

HB5261- 58 -LRB103 38573 RPS 68709 b

1    and Technology; or
2        (20) transferred employee.
3    A person employed in one of the positions specified in
4this subsection is entitled to eligible creditable service for
5service credit earned under this Article while undergoing the
6basic police training course approved by the Illinois Law
7Enforcement Training Standards Board, if completion of that
8training is required of persons serving in that position. For
9the purposes of this Code, service during the required basic
10police training course shall be deemed performance of the
11duties of the specified position, even though the person is
12not a sworn peace officer at the time of the training.
13    A person under paragraph (20) is entitled to eligible
14creditable service for service credit earned under this
15Article on and after his or her transfer by Executive Order No.
162003-10, Executive Order No. 2004-2, or Executive Order No.
172016-1.
18    (c) For the purposes of this Section:
19        (1) The term "State policeman" includes any title or
20    position in the Illinois State Police that is held by an
21    individual employed under the Illinois State Police Act.
22        (2) The term "fire fighter in the fire protection
23    service of a department" includes all officers in such
24    fire protection service including fire chiefs and
25    assistant fire chiefs.
26        (3) The term "air pilot" includes any employee whose

 

 

HB5261- 59 -LRB103 38573 RPS 68709 b

1    official job description on file in the Department of
2    Central Management Services, or in the department by which
3    he is employed if that department is not covered by the
4    Personnel Code, states that his principal duty is the
5    operation of aircraft, and who possesses a pilot's
6    license; however, the change in this definition made by
7    Public Act 83-842 shall not operate to exclude any
8    noncovered employee who was an "air pilot" for the
9    purposes of this Section on January 1, 1984.
10        (4) The term "special agent" means any person who by
11    reason of employment by the Division of Narcotic Control,
12    the Bureau of Investigation or, after July 1, 1977, the
13    Division of Criminal Investigation, the Division of
14    Internal Investigation, the Division of Operations, the
15    Division of Patrol, or any other Division or
16    organizational entity in the Illinois State Police is
17    vested by law with duties to maintain public order,
18    investigate violations of the criminal law of this State,
19    enforce the laws of this State, make arrests and recover
20    property. The term "special agent" includes any title or
21    position in the Illinois State Police that is held by an
22    individual employed under the Illinois State Police Act.
23        (5) The term "investigator for the Secretary of State"
24    means any person employed by the Office of the Secretary
25    of State and vested with such investigative duties as
26    render him ineligible for coverage under the Social

 

 

HB5261- 60 -LRB103 38573 RPS 68709 b

1    Security Act by reason of Sections 218(d)(5)(A),
2    218(d)(8)(D) and 218(l)(1) of that Act.
3        A person who became employed as an investigator for
4    the Secretary of State between January 1, 1967 and
5    December 31, 1975, and who has served as such until
6    attainment of age 60, either continuously or with a single
7    break in service of not more than 3 years duration, which
8    break terminated before January 1, 1976, shall be entitled
9    to have his retirement annuity calculated in accordance
10    with subsection (a), notwithstanding that he has less than
11    20 years of credit for such service.
12        (6) The term "Conservation Police Officer" means any
13    person employed by the Division of Law Enforcement of the
14    Department of Natural Resources and vested with such law
15    enforcement duties as render him ineligible for coverage
16    under the Social Security Act by reason of Sections
17    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
18    term "Conservation Police Officer" includes the positions
19    of Chief Conservation Police Administrator and Assistant
20    Conservation Police Administrator.
21        (7) The term "investigator for the Department of
22    Revenue" means any person employed by the Department of
23    Revenue and vested with such investigative duties as
24    render him ineligible for coverage under the Social
25    Security Act by reason of Sections 218(d)(5)(A),
26    218(d)(8)(D) and 218(l)(1) of that Act.

 

 

HB5261- 61 -LRB103 38573 RPS 68709 b

1        The term "investigator for the Illinois Gaming Board"
2    means any person employed as such by the Illinois Gaming
3    Board and vested with such peace officer duties as render
4    the person ineligible for coverage under the Social
5    Security Act by reason of Sections 218(d)(5)(A),
6    218(d)(8)(D), and 218(l)(1) of that Act.
7        (8) The term "security employee of the Department of
8    Human Services" means any person employed by the
9    Department of Human Services who (i) is employed at the
10    Chester Mental Health Center and has daily contact with
11    the residents thereof, (ii) is employed within a security
12    unit at a facility operated by the Department and has
13    daily contact with the residents of the security unit,
14    (iii) is employed at a facility operated by the Department
15    that includes a security unit and is regularly scheduled
16    to work at least 50% of his or her working hours within
17    that security unit, or (iv) is a mental health police
18    officer. "Mental health police officer" means any person
19    employed by the Department of Human Services in a position
20    pertaining to the Department's mental health and
21    developmental disabilities functions who is vested with
22    such law enforcement duties as render the person
23    ineligible for coverage under the Social Security Act by
24    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
25    218(l)(1) of that Act. "Security unit" means that portion
26    of a facility that is devoted to the care, containment,

 

 

HB5261- 62 -LRB103 38573 RPS 68709 b

1    and treatment of persons committed to the Department of
2    Human Services as sexually violent persons, persons unfit
3    to stand trial, or persons not guilty by reason of
4    insanity. With respect to past employment, references to
5    the Department of Human Services include its predecessor,
6    the Department of Mental Health and Developmental
7    Disabilities.
8        The changes made to this subdivision (c)(8) by Public
9    Act 92-14 apply to persons who retire on or after January
10    1, 2001, notwithstanding Section 1-103.1.
11        (9) "Central Management Services security police
12    officer" means any person employed by the Department of
13    Central Management Services who is vested with such law
14    enforcement duties as render him ineligible for coverage
15    under the Social Security Act by reason of Sections
16    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
17        (10) For a member who first became an employee under
18    this Article before July 1, 2005, the term "security
19    employee of the Department of Corrections or the
20    Department of Juvenile Justice" means any employee of the
21    Department of Corrections or the Department of Juvenile
22    Justice or the former Department of Personnel, and any
23    member or employee of the Prisoner Review Board, who has
24    daily contact with inmates or youth by working within a
25    correctional facility or Juvenile facility operated by the
26    Department of Juvenile Justice or who is a parole officer

 

 

HB5261- 63 -LRB103 38573 RPS 68709 b

1    or an employee who has direct contact with committed
2    persons in the performance of his or her job duties. For a
3    member who first becomes an employee under this Article on
4    or after July 1, 2005, the term means an employee of the
5    Department of Corrections or the Department of Juvenile
6    Justice who is any of the following: (i) officially
7    headquartered at a correctional facility or Juvenile
8    facility operated by the Department of Juvenile Justice,
9    (ii) a parole officer, (iii) a member of the apprehension
10    unit, (iv) a member of the intelligence unit, (v) a member
11    of the sort team, or (vi) an investigator.
12        (11) The term "dangerous drugs investigator" means any
13    person who is employed as such by the Department of Human
14    Services.
15        (12) The term "investigator for the Illinois State
16    Police" means a person employed by the Illinois State
17    Police who is vested under Section 4 of the Narcotic
18    Control Division Abolition Act with such law enforcement
19    powers as render him ineligible for coverage under the
20    Social Security Act by reason of Sections 218(d)(5)(A),
21    218(d)(8)(D) and 218(l)(1) of that Act.
22        (13) "Investigator for the Office of the Attorney
23    General" means any person who is employed as such by the
24    Office of the Attorney General and is vested with such
25    investigative duties as render him ineligible for coverage
26    under the Social Security Act by reason of Sections

 

 

HB5261- 64 -LRB103 38573 RPS 68709 b

1    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
2    the period before January 1, 1989, the term includes all
3    persons who were employed as investigators by the Office
4    of the Attorney General, without regard to social security
5    status.
6        (14) "Controlled substance inspector" means any person
7    who is employed as such by the Department of Professional
8    Regulation and is vested with such law enforcement duties
9    as render him ineligible for coverage under the Social
10    Security Act by reason of Sections 218(d)(5)(A),
11    218(d)(8)(D) and 218(l)(1) of that Act. The term
12    "controlled substance inspector" includes the Program
13    Executive of Enforcement and the Assistant Program
14    Executive of Enforcement.
15        (15) The term "investigator for the Office of the
16    State's Attorneys Appellate Prosecutor" means a person
17    employed in that capacity on a full-time basis under the
18    authority of Section 7.06 of the State's Attorneys
19    Appellate Prosecutor's Act.
20        (16) "Commerce Commission police officer" means any
21    person employed by the Illinois Commerce Commission who is
22    vested with such law enforcement duties as render him
23    ineligible for coverage under the Social Security Act by
24    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
25    218(l)(1) of that Act.
26        (17) "Arson investigator" means any person who is

 

 

HB5261- 65 -LRB103 38573 RPS 68709 b

1    employed as such by the Office of the State Fire Marshal
2    and is vested with such law enforcement duties as render
3    the person ineligible for coverage under the Social
4    Security Act by reason of Sections 218(d)(5)(A),
5    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
6    employed as an arson investigator on January 1, 1995 and
7    is no longer in service but not yet receiving a retirement
8    annuity may convert his or her creditable service for
9    employment as an arson investigator into eligible
10    creditable service by paying to the System the difference
11    between the employee contributions actually paid for that
12    service and the amounts that would have been contributed
13    if the applicant were contributing at the rate applicable
14    to persons with the same social security status earning
15    eligible creditable service on the date of application.
16        (18) The term "State highway maintenance worker" means
17    a person who is either of the following:
18            (i) A person employed on a full-time basis by the
19        Illinois Department of Transportation in the position
20        of highway maintainer, highway maintenance lead
21        worker, highway maintenance lead/lead worker, sign
22        hanger, sign hanger foreman, heavy construction
23        equipment operator, power shovel operator, or bridge
24        mechanic; and whose principal responsibility is to
25        perform, on the roadway, the actual maintenance
26        necessary to keep the highways that form a part of the

 

 

HB5261- 66 -LRB103 38573 RPS 68709 b

1        State highway system in serviceable condition for
2        vehicular traffic.
3            (ii) A person employed on a full-time basis by the
4        Illinois State Toll Highway Authority in the position
5        of equipment operator/laborer H-4, equipment
6        operator/laborer H-6, welder H-4, welder H-6,
7        mechanical/electrical H-4, mechanical/electrical H-6,
8        water/sewer H-4, water/sewer H-6, sign maker/hanger
9        H-4, sign maker/hanger H-6, roadway lighting H-4,
10        roadway lighting H-6, structural H-4, structural H-6,
11        painter H-4, or painter H-6; and whose principal
12        responsibility is to perform, on the roadway, the
13        actual maintenance necessary to keep the Authority's
14        tollways in serviceable condition for vehicular
15        traffic.
16        The changes to this item (18) made by this amendatory
17    Act of the 103rd General Assembly apply without regard to
18    whether the member was in service on or after its
19    effective date, but do not entitle any person to
20    recalculation of any pension or other benefit already
21    granted.
22        (19) The term "security employee of the Department of
23    Innovation and Technology" means a person who was a
24    security employee of the Department of Corrections or the
25    Department of Juvenile Justice, was transferred to the
26    Department of Innovation and Technology pursuant to

 

 

HB5261- 67 -LRB103 38573 RPS 68709 b

1    Executive Order 2016-01, and continues to perform similar
2    job functions under that Department.
3        (20) "Transferred employee" means an employee who was
4    transferred to the Department of Central Management
5    Services by Executive Order No. 2003-10 or Executive Order
6    No. 2004-2 or transferred to the Department of Innovation
7    and Technology by Executive Order No. 2016-1, or both, and
8    was entitled to eligible creditable service for services
9    immediately preceding the transfer.
10    (d) A security employee of the Department of Corrections
11or the Department of Juvenile Justice, a security employee of
12the Department of Human Services who is not a mental health
13police officer, and a security employee of the Department of
14Innovation and Technology shall not be eligible for the
15alternative retirement annuity provided by this Section unless
16he or she meets the following minimum age and service
17requirements at the time of retirement:
18        (i) 25 years of eligible creditable service and age
19    55; or
20        (ii) beginning January 1, 1987, 25 years of eligible
21    creditable service and age 54, or 24 years of eligible
22    creditable service and age 55; or
23        (iii) beginning January 1, 1988, 25 years of eligible
24    creditable service and age 53, or 23 years of eligible
25    creditable service and age 55; or
26        (iv) beginning January 1, 1989, 25 years of eligible

 

 

HB5261- 68 -LRB103 38573 RPS 68709 b

1    creditable service and age 52, or 22 years of eligible
2    creditable service and age 55; or
3        (v) beginning January 1, 1990, 25 years of eligible
4    creditable service and age 51, or 21 years of eligible
5    creditable service and age 55; or
6        (vi) beginning January 1, 1991, 25 years of eligible
7    creditable service and age 50, or 20 years of eligible
8    creditable service and age 55.
9    Persons who have service credit under Article 16 of this
10Code for service as a security employee of the Department of
11Corrections or the Department of Juvenile Justice, or the
12Department of Human Services in a position requiring
13certification as a teacher may count such service toward
14establishing their eligibility under the service requirements
15of this Section; but such service may be used only for
16establishing such eligibility, and not for the purpose of
17increasing or calculating any benefit.
18    (e) If a member enters military service while working in a
19position in which eligible creditable service may be earned,
20and returns to State service in the same or another such
21position, and fulfills in all other respects the conditions
22prescribed in this Article for credit for military service,
23such military service shall be credited as eligible creditable
24service for the purposes of the retirement annuity prescribed
25in this Section.
26    (f) For purposes of calculating retirement annuities under

 

 

HB5261- 69 -LRB103 38573 RPS 68709 b

1this Section, periods of service rendered after December 31,
21968 and before October 1, 1975 as a covered employee in the
3position of special agent, conservation police officer, mental
4health police officer, or investigator for the Secretary of
5State, shall be deemed to have been service as a noncovered
6employee, provided that the employee pays to the System prior
7to retirement an amount equal to (1) the difference between
8the employee contributions that would have been required for
9such service as a noncovered employee, and the amount of
10employee contributions actually paid, plus (2) if payment is
11made after July 31, 1987, regular interest on the amount
12specified in item (1) from the date of service to the date of
13payment.
14    For purposes of calculating retirement annuities under
15this Section, periods of service rendered after December 31,
161968 and before January 1, 1982 as a covered employee in the
17position of investigator for the Department of Revenue shall
18be deemed to have been service as a noncovered employee,
19provided that the employee pays to the System prior to
20retirement an amount equal to (1) the difference between the
21employee contributions that would have been required for such
22service as a noncovered employee, and the amount of employee
23contributions actually paid, plus (2) if payment is made after
24January 1, 1990, regular interest on the amount specified in
25item (1) from the date of service to the date of payment.
26    (g) A State policeman may elect, not later than January 1,

 

 

HB5261- 70 -LRB103 38573 RPS 68709 b

11990, to establish eligible creditable service for up to 10
2years of his service as a policeman under Article 3, by filing
3a written election with the Board, accompanied by payment of
4an amount to be determined by the Board, equal to (i) the
5difference between the amount of employee and employer
6contributions transferred to the System under Section 3-110.5,
7and the amounts that would have been contributed had such
8contributions been made at the rates applicable to State
9policemen, plus (ii) interest thereon at the effective rate
10for each year, compounded annually, from the date of service
11to the date of payment.
12    Subject to the limitation in subsection (i), a State
13policeman may elect, not later than July 1, 1993, to establish
14eligible creditable service for up to 10 years of his service
15as a member of the County Police Department under Article 9, by
16filing a written election with the Board, accompanied by
17payment of an amount to be determined by the Board, equal to
18(i) the difference between the amount of employee and employer
19contributions transferred to the System under Section 9-121.10
20and the amounts that would have been contributed had those
21contributions been made at the rates applicable to State
22policemen, plus (ii) interest thereon at the effective rate
23for each year, compounded annually, from the date of service
24to the date of payment.
25    (h) Subject to the limitation in subsection (i), a State
26policeman or investigator for the Secretary of State may elect

 

 

HB5261- 71 -LRB103 38573 RPS 68709 b

1to establish eligible creditable service for up to 12 years of
2his service as a policeman under Article 5, by filing a written
3election with the Board on or before January 31, 1992, and
4paying to the System by January 31, 1994 an amount to be
5determined by the Board, equal to (i) the difference between
6the amount of employee and employer contributions transferred
7to the System under Section 5-236, and the amounts that would
8have been contributed had such contributions been made at the
9rates applicable to State policemen, plus (ii) interest
10thereon at the effective rate for each year, compounded
11annually, from the date of service to the date of payment.
12    Subject to the limitation in subsection (i), a State
13policeman, conservation police officer, or investigator for
14the Secretary of State may elect to establish eligible
15creditable service for up to 10 years of service as a sheriff's
16law enforcement employee under Article 7, by filing a written
17election with the Board on or before January 31, 1993, and
18paying to the System by January 31, 1994 an amount to be
19determined by the Board, equal to (i) the difference between
20the amount of employee and employer contributions transferred
21to the System under Section 7-139.7, and the amounts that
22would have been contributed had such contributions been made
23at the rates applicable to State policemen, plus (ii) interest
24thereon at the effective rate for each year, compounded
25annually, from the date of service to the date of payment.
26    Subject to the limitation in subsection (i), a State

 

 

HB5261- 72 -LRB103 38573 RPS 68709 b

1policeman, conservation police officer, or investigator for
2the Secretary of State may elect to establish eligible
3creditable service for up to 5 years of service as a police
4officer under Article 3, a policeman under Article 5, a
5sheriff's law enforcement employee under Article 7, a member
6of the county police department under Article 9, or a police
7officer under Article 15 by filing a written election with the
8Board and paying to the System an amount to be determined by
9the Board, equal to (i) the difference between the amount of
10employee and employer contributions transferred to the System
11under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
12and the amounts that would have been contributed had such
13contributions been made at the rates applicable to State
14policemen, plus (ii) interest thereon at the effective rate
15for each year, compounded annually, from the date of service
16to the date of payment.
17    Subject to the limitation in subsection (i), an
18investigator for the Office of the Attorney General, or an
19investigator for the Department of Revenue, may elect to
20establish eligible creditable service for up to 5 years of
21service as a police officer under Article 3, a policeman under
22Article 5, a sheriff's law enforcement employee under Article
237, or a member of the county police department under Article 9
24by filing a written election with the Board within 6 months
25after August 25, 2009 (the effective date of Public Act
2696-745) and paying to the System an amount to be determined by

 

 

HB5261- 73 -LRB103 38573 RPS 68709 b

1the Board, equal to (i) the difference between the amount of
2employee and employer contributions transferred to the System
3under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
4amounts that would have been contributed had such
5contributions been made at the rates applicable to State
6policemen, plus (ii) interest thereon at the actuarially
7assumed rate for each year, compounded annually, from the date
8of service to the date of payment.
9    Subject to the limitation in subsection (i), a State
10policeman, conservation police officer, investigator for the
11Office of the Attorney General, an investigator for the
12Department of Revenue, or investigator for the Secretary of
13State may elect to establish eligible creditable service for
14up to 5 years of service as a person employed by a
15participating municipality to perform police duties, or law
16enforcement officer employed on a full-time basis by a forest
17preserve district under Article 7, a county corrections
18officer, or a court services officer under Article 9, by
19filing a written election with the Board within 6 months after
20August 25, 2009 (the effective date of Public Act 96-745) and
21paying to the System an amount to be determined by the Board,
22equal to (i) the difference between the amount of employee and
23employer contributions transferred to the System under
24Sections 7-139.8 and 9-121.10 and the amounts that would have
25been contributed had such contributions been made at the rates
26applicable to State policemen, plus (ii) interest thereon at

 

 

HB5261- 74 -LRB103 38573 RPS 68709 b

1the actuarially assumed rate for each year, compounded
2annually, from the date of service to the date of payment.
3    Subject to the limitation in subsection (i), a State
4policeman, arson investigator, or Commerce Commission police
5officer may elect to establish eligible creditable service for
6up to 5 years of service as a person employed by a
7participating municipality to perform police duties under
8Article 7, a county corrections officer, a court services
9officer under Article 9, or a firefighter under Article 4 by
10filing a written election with the Board within 6 months after
11July 30, 2021 (the effective date of Public Act 102-210) and
12paying to the System an amount to be determined by the Board
13equal to (i) the difference between the amount of employee and
14employer contributions transferred to the System under
15Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
16would have been contributed had such contributions been made
17at the rates applicable to State policemen, plus (ii) interest
18thereon at the actuarially assumed rate for each year,
19compounded annually, from the date of service to the date of
20payment.
21    Subject to the limitation in subsection (i), a
22conservation police officer may elect to establish eligible
23creditable service for up to 5 years of service as a person
24employed by a participating municipality to perform police
25duties under Article 7, a county corrections officer, or a
26court services officer under Article 9 by filing a written

 

 

HB5261- 75 -LRB103 38573 RPS 68709 b

1election with the Board within 6 months after July 30, 2021
2(the effective date of Public Act 102-210) and paying to the
3System an amount to be determined by the Board equal to (i) the
4difference between the amount of employee and employer
5contributions transferred to the System under Sections 7-139.8
6and 9-121.10 and the amounts that would have been contributed
7had such contributions been made at the rates applicable to
8State policemen, plus (ii) interest thereon at the actuarially
9assumed rate for each year, compounded annually, from the date
10of service to the date of payment.
11    Notwithstanding the limitation in subsection (i), a State
12policeman or conservation police officer may elect to convert
13service credit earned under this Article to eligible
14creditable service, as defined by this Section, by filing a
15written election with the board within 6 months after July 30,
162021 (the effective date of Public Act 102-210) and paying to
17the System an amount to be determined by the Board equal to (i)
18the difference between the amount of employee contributions
19originally paid for that service and the amounts that would
20have been contributed had such contributions been made at the
21rates applicable to State policemen, plus (ii) the difference
22between the employer's normal cost of the credit prior to the
23conversion authorized by Public Act 102-210 and the employer's
24normal cost of the credit converted in accordance with Public
25Act 102-210, plus (iii) interest thereon at the actuarially
26assumed rate for each year, compounded annually, from the date

 

 

HB5261- 76 -LRB103 38573 RPS 68709 b

1of service to the date of payment.
2    (i) The total amount of eligible creditable service
3established by any person under subsections (g), (h), (j),
4(k), (l), (l-5), (o), and (p) of this Section shall not exceed
512 years.
6    (j) Subject to the limitation in subsection (i), an
7investigator for the Office of the State's Attorneys Appellate
8Prosecutor or a controlled substance inspector may elect to
9establish eligible creditable service for up to 10 years of
10his service as a policeman under Article 3 or a sheriff's law
11enforcement employee under Article 7, by filing a written
12election with the Board, accompanied by payment of an amount
13to be determined by the Board, equal to (1) the difference
14between the amount of employee and employer contributions
15transferred to the System under Section 3-110.6 or 7-139.8,
16and the amounts that would have been contributed had such
17contributions been made at the rates applicable to State
18policemen, plus (2) interest thereon at the effective rate for
19each year, compounded annually, from the date of service to
20the date of payment.
21    (k) Subject to the limitation in subsection (i) of this
22Section, an alternative formula employee may elect to
23establish eligible creditable service for periods spent as a
24full-time law enforcement officer or full-time corrections
25officer employed by the federal government or by a state or
26local government located outside of Illinois, for which credit

 

 

HB5261- 77 -LRB103 38573 RPS 68709 b

1is not held in any other public employee pension fund or
2retirement system. To obtain this credit, the applicant must
3file a written application with the Board by March 31, 1998,
4accompanied by evidence of eligibility acceptable to the Board
5and payment of an amount to be determined by the Board, equal
6to (1) employee contributions for the credit being
7established, based upon the applicant's salary on the first
8day as an alternative formula employee after the employment
9for which credit is being established and the rates then
10applicable to alternative formula employees, plus (2) an
11amount determined by the Board to be the employer's normal
12cost of the benefits accrued for the credit being established,
13plus (3) regular interest on the amounts in items (1) and (2)
14from the first day as an alternative formula employee after
15the employment for which credit is being established to the
16date of payment.
17    (l) Subject to the limitation in subsection (i), a
18security employee of the Department of Corrections may elect,
19not later than July 1, 1998, to establish eligible creditable
20service for up to 10 years of his or her service as a policeman
21under Article 3, by filing a written election with the Board,
22accompanied by payment of an amount to be determined by the
23Board, equal to (i) the difference between the amount of
24employee and employer contributions transferred to the System
25under Section 3-110.5, and the amounts that would have been
26contributed had such contributions been made at the rates

 

 

HB5261- 78 -LRB103 38573 RPS 68709 b

1applicable to security employees of the Department of
2Corrections, plus (ii) interest thereon at the effective rate
3for each year, compounded annually, from the date of service
4to the date of payment.
5    (l-5) Subject to the limitation in subsection (i) of this
6Section, a State policeman may elect to establish eligible
7creditable service for up to 5 years of service as a full-time
8law enforcement officer employed by the federal government or
9by a state or local government located outside of Illinois for
10which credit is not held in any other public employee pension
11fund or retirement system. To obtain this credit, the
12applicant must file a written application with the Board no
13later than 3 years after January 1, 2020 (the effective date of
14Public Act 101-610), accompanied by evidence of eligibility
15acceptable to the Board and payment of an amount to be
16determined by the Board, equal to (1) employee contributions
17for the credit being established, based upon the applicant's
18salary on the first day as an alternative formula employee
19after the employment for which credit is being established and
20the rates then applicable to alternative formula employees,
21plus (2) an amount determined by the Board to be the employer's
22normal cost of the benefits accrued for the credit being
23established, plus (3) regular interest on the amounts in items
24(1) and (2) from the first day as an alternative formula
25employee after the employment for which credit is being
26established to the date of payment.

 

 

HB5261- 79 -LRB103 38573 RPS 68709 b

1    (m) The amendatory changes to this Section made by Public
2Act 94-696 apply only to: (1) security employees of the
3Department of Juvenile Justice employed by the Department of
4Corrections before June 1, 2006 (the effective date of Public
5Act 94-696) and transferred to the Department of Juvenile
6Justice by Public Act 94-696; and (2) persons employed by the
7Department of Juvenile Justice on or after June 1, 2006 (the
8effective date of Public Act 94-696) who are required by
9subsection (b) of Section 3-2.5-15 of the Unified Code of
10Corrections to have any bachelor's or advanced degree from an
11accredited college or university or, in the case of persons
12who provide vocational training, who are required to have
13adequate knowledge in the skill for which they are providing
14the vocational training.
15    (n) A person employed in a position under subsection (b)
16of this Section who has purchased service credit under
17subsection (j) of Section 14-104 or subsection (b) of Section
1814-105 in any other capacity under this Article may convert up
19to 5 years of that service credit into service credit covered
20under this Section by paying to the Fund an amount equal to (1)
21the additional employee contribution required under Section
2214-133, plus (2) the additional employer contribution required
23under Section 14-131, plus (3) interest on items (1) and (2) at
24the actuarially assumed rate from the date of the service to
25the date of payment.
26    (o) Subject to the limitation in subsection (i), a

 

 

HB5261- 80 -LRB103 38573 RPS 68709 b

1conservation police officer, investigator for the Secretary of
2State, Commerce Commission police officer, investigator for
3the Department of Revenue or the Illinois Gaming Board, or
4arson investigator subject to subsection (g) of Section 1-160
5may elect to convert up to 8 years of service credit
6established before January 1, 2020 (the effective date of
7Public Act 101-610) as a conservation police officer,
8investigator for the Secretary of State, Commerce Commission
9police officer, investigator for the Department of Revenue or
10the Illinois Gaming Board, or arson investigator under this
11Article into eligible creditable service by filing a written
12election with the Board no later than one year after January 1,
132020 (the effective date of Public Act 101-610), accompanied
14by payment of an amount to be determined by the Board equal to
15(i) the difference between the amount of the employee
16contributions actually paid for that service and the amount of
17the employee contributions that would have been paid had the
18employee contributions been made as a noncovered employee
19serving in a position in which eligible creditable service, as
20defined in this Section, may be earned, plus (ii) interest
21thereon at the effective rate for each year, compounded
22annually, from the date of service to the date of payment.
23    (p) Subject to the limitation in subsection (i), an
24investigator for the Office of the Attorney General subject to
25subsection (g) of Section 1-160 may elect to convert up to 8
26years of service credit established before the effective date

 

 

HB5261- 81 -LRB103 38573 RPS 68709 b

1of this amendatory Act of the 102nd General Assembly as an
2investigator for the Office of the Attorney General under this
3Article into eligible creditable service by filing a written
4election with the Board no later than one year after the
5effective date of this amendatory Act of the 102nd General
6Assembly, accompanied by payment of an amount to be determined
7by the Board equal to (i) the difference between the amount of
8the employee contributions actually paid for that service and
9the amount of the employee contributions that would have been
10paid had the employee contributions been made as a noncovered
11employee serving in a position in which eligible creditable
12service, as defined in this Section, may be earned, plus (ii)
13interest thereon at the effective rate for each year,
14compounded annually, from the date of service to the date of
15payment.
16    (q) A person who is employed on a full-time basis by the
17Illinois Department of Transportation in the position of sign
18hanger or sign hanger foreman may elect to convert service
19credit earned under this Article to eligible creditable
20service by filing a written election with the Board and paying
21to the System an amount to be determined by the Board equal to
22(i) the difference between the amount of employee
23contributions originally paid for that service and the amounts
24that would have been contributed had such contributions been
25made at the rates applicable to State highway maintenance
26workers, plus (ii) the difference between the employer's

 

 

HB5261- 82 -LRB103 38573 RPS 68709 b

1normal cost of the credit prior to the conversion authorized
2by this amendatory Act of the 103rd General Assembly and the
3employer's normal cost of the credit converted in accordance
4with this amendatory Act of the 103rd General Assembly, plus
5(iii) interest thereon at the actuarially assumed rate for
6each year, compounded annually, from the date of service to
7the date of payment.
8(Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
9102-956, eff. 5-27-22; 103-34, eff. 1-1-24.)
 
10    (40 ILCS 5/14-152.1)
11    Sec. 14-152.1. Application and expiration of new benefit
12increases.
13    (a) As used in this Section, "new benefit increase" means
14an increase in the amount of any benefit provided under this
15Article, or an expansion of the conditions of eligibility for
16any benefit under this Article, that results from an amendment
17to this Code that takes effect after June 1, 2005 (the
18effective date of Public Act 94-4). "New benefit increase",
19however, does not include any benefit increase resulting from
20the changes made to Article 1 or this Article by Public Act
2196-37, Public Act 100-23, Public Act 100-587, Public Act
22100-611, Public Act 101-10, Public Act 101-610, Public Act
23102-210, Public Act 102-856, Public Act 102-956, or this
24amendatory Act of the 103rd General Assembly this amendatory
25Act of the 102nd General Assembly.

 

 

HB5261- 83 -LRB103 38573 RPS 68709 b

1    (b) Notwithstanding any other provision of this Code or
2any subsequent amendment to this Code, every new benefit
3increase is subject to this Section and shall be deemed to be
4granted only in conformance with and contingent upon
5compliance with the provisions of this Section.
6    (c) The Public Act enacting a new benefit increase must
7identify and provide for payment to the System of additional
8funding at least sufficient to fund the resulting annual
9increase in cost to the System as it accrues.
10    Every new benefit increase is contingent upon the General
11Assembly providing the additional funding required under this
12subsection. The Commission on Government Forecasting and
13Accountability shall analyze whether adequate additional
14funding has been provided for the new benefit increase and
15shall report its analysis to the Public Pension Division of
16the Department of Insurance. A new benefit increase created by
17a Public Act that does not include the additional funding
18required under this subsection is null and void. If the Public
19Pension Division determines that the additional funding
20provided for a new benefit increase under this subsection is
21or has become inadequate, it may so certify to the Governor and
22the State Comptroller and, in the absence of corrective action
23by the General Assembly, the new benefit increase shall expire
24at the end of the fiscal year in which the certification is
25made.
26    (d) Every new benefit increase shall expire 5 years after

 

 

HB5261- 84 -LRB103 38573 RPS 68709 b

1its effective date or on such earlier date as may be specified
2in the language enacting the new benefit increase or provided
3under subsection (c). This does not prevent the General
4Assembly from extending or re-creating a new benefit increase
5by law.
6    (e) Except as otherwise provided in the language creating
7the new benefit increase, a new benefit increase that expires
8under this Section continues to apply to persons who applied
9and qualified for the affected benefit while the new benefit
10increase was in effect and to the affected beneficiaries and
11alternate payees of such persons, but does not apply to any
12other person, including, without limitation, a person who
13continues in service after the expiration date and did not
14apply and qualify for the affected benefit while the new
15benefit increase was in effect.
16(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
17101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
181-1-23; 102-956, eff. 5-27-22.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.