93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4946


 
Introduced 02/05/04, by Michael K. Smith
 
SYNOPSIS AS INTRODUCED:
 		

















40 ILCS 5/3-110.6
  from Ch. 108 1/2, par. 3-110.6


40 ILCS 5/5-236
  from Ch. 108 1/2, par. 5-236


40 ILCS 5/7-139.8
  from Ch. 108 1/2, par. 7-139.8


40 ILCS 5/9-121.10
  from Ch. 108 1/2, par. 9-121.10


40 ILCS 5/14-110
  from Ch. 108 1/2, par. 14-110







    Amends the Illinois Pension Code to allow investigators for the Office of the
Attorney General to transfer credits for up to 12 years of prior service as a
police officer, sheriff's law enforcement employee, or municipal conservator of
the peace from certain other pension funds; requires payment of the difference
in employee and employer contributions.  Effective immediately.
















LRB093 19393 LRD 45131 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4946

LRB093 19393 LRD 45131 b






1
    AN ACT in relation to public employee benefits. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Illinois Pension Code is amended by changing

5
Sections 3-110.6, 5-236, 7-139.8, 9-121.10, and 14-110 as 
6
follows:


 
7
    (40 ILCS 5/3-110.6)  (from Ch. 108 1/2, par. 3-110.6)

8
    Sec. 3-110.6. Transfer to Article 14 System.


9
    (a) Any active member of the State Employees' Retirement 
10
System who is an
investigator for the Office of the State's 
11
Attorneys Appellate Prosecutor,
an investigator for the Office 
12
of the Attorney General, or a controlled
substance inspector 
13
may apply for transfer of some or all of his or her
creditable 
14
service accumulated in any police pension fund under this 
15
Article to
the State Employees' Retirement System in accordance 
16
with Section 14-110.  The
creditable service shall be 
17
transferred only upon payment by the police pension
fund to the 
18
State Employees' Retirement System of an amount equal to:


19
        (1) the amounts accumulated to the credit of the 
20
    applicant
for the service to be transferred
on the books of 
21
    the fund on the date of transfer; and


22
        (2) employer contributions in an amount equal to the 
23
    amount determined
under subparagraph (1); and


24
        (3) any interest paid by the applicant in order to 
25
    reinstate that
service.


26
Participation in the police pension fund with respect to the 
27
credits
transferred shall terminate on the date of transfer.


28
    (b) Any such investigator or inspector may reinstate 
29
service which was
terminated by receipt of a refund, by paying 
30
to the police pension fund the
amount of the refund with 
31
interest thereon at the rate of 6% per year,
compounded 
32
annually, from the date of refund to the date of payment.


 


 






HB4946
- 2 -
LRB093 19393 LRD 45131 b




1
(Source: P.A. 90-32, eff. 6-27-97.)

 
2
    (40 ILCS 5/5-236)  (from Ch. 108 1/2, par. 5-236)

3
    Sec. 5-236. Transfer to Article 14.


4
    (a) Until January 31, 1994, any active member of the State 
5
Employees'
Retirement System who is a State policeman or 
6
investigator for the
Secretary of State may apply for transfer 
7
of his creditable service
accumulated under this Article to the 
8
State Employees' Retirement System.
At the time of the transfer 
9
the Fund shall pay to the State Employees'
Retirement System an 
10
amount equal to:


11
        (1) the amounts accumulated to the credit of the 
12
    applicant on the books
of the Fund on the date of transfer; 
13
    and


14
        (2) the corresponding municipality credits, including 
15
    interest, on the
books of the Fund on the date of transfer; 
16
    and


17
        (3) any interest paid by the applicant in order to 
18
    reinstate service.


19
Participation in this Fund shall terminate on the date of 
20
transfer.


21
    (b) Until January 31, 1994, any such State policeman or 
22
investigator
for the Secretary of State may reinstate service 
23
that was terminated by
receipt of a refund, by paying to the 
24
Fund the amount of the refund with
interest thereon at the rate 
25
of 6% per year, compounded annually, from the
date of refund to 
26
the date of payment.


27
    (c) Within 30 days after the effective date of this 
28
amendatory Act of
1993, any active member of the State 
29
Employees' Retirement System who was
earning eligible 
30
creditable service under subdivision (b)(12) of Section
14-110 
31
on January 1, 1992 and who has at least 17 years of creditable

32
service under this Article may apply for transfer of his 
33
creditable service
accumulated under this Article to the State 
34
Employees' Retirement System.
At the time of the transfer the 
35
Fund shall pay to the State Employees'
Retirement System an 
 


 






HB4946
- 3 -
LRB093 19393 LRD 45131 b




1
amount equal to:


2
        (1) the amounts accumulated to the credit of the 
3
    applicant on the books
of the Fund on the date of transfer; 
4
    and


5
        (2) the corresponding municipality credits, including 
6
    interest, on the
books of the Fund on the date of transfer.


7
Participation in this Fund shall terminate on the date of 
8
transfer.


9
    (d) Any active member of the State Employees' Retirement 
10
System who is an
investigator for the Office of the Attorney 
11
General may apply for transfer of
all or part of his or her 
12
creditable service accumulated under this Article
to the State 
13
Employees' Retirement System in accordance with Section 
14
14-110.
At the time of the transfer the Fund shall pay to the 
15
State Employees'
Retirement System an amount equal to:

16
        (1) the amounts accumulated to the credit of the 
17
    applicant for the service
to be transferred on the books of 
18
    the Fund on the date of transfer; and

19
        (2) the corresponding municipality credits, including 
20
    interest, on the
books of the Fund on the date of transfer; 
21
    and

22
        (3) any interest paid by the applicant in order to 
23
    reinstate that service
credit.

24
Participation in this Fund with respect to the credits 
25
transferred shall
terminate on the date of transfer.

26
    (e) Any such investigator for the Office of the Attorney 
27
General may
reinstate service that was terminated by receipt of 
28
a refund, by paying to
the Fund the amount of the refund plus 
29
interest at the rate of 6% per year,
compounded annually, from 
30
the date of the refund to the date of payment.


31
(Source: P.A. 86-1488; 87-1265.)

 
32
    (40 ILCS 5/7-139.8)  (from Ch. 108 1/2, par. 7-139.8)

33
    Sec. 7-139.8. Transfer to Article 14 System.


34
    (a) Any active member of the State Employees' Retirement 
35
System who is an
investigator for the Office of the State's 
 


 






HB4946
- 4 -
LRB093 19393 LRD 45131 b




1
Attorneys Appellate Prosecutor, an
investigator for the Office 
2
of the Attorney General, or a controlled
substance inspector 
3
may apply for transfer of some or all of his or her
credits and 
4
creditable service accumulated in this Fund for service as a

5
sheriff's law enforcement employee or service as a municipal 
6
conservator of
the peace certified under the Police Training 
7
Act,
to the State Employees' Retirement System in accordance 
8
with
Section 14-110.  The creditable service shall be 
9
transferred only upon payment
by this Fund to the State 
10
Employees' Retirement System of an amount equal to:


11
        (1) the amounts accumulated to the credit of the 
12
    applicant for the
service to be transferred
as a sheriff's 
13
    law enforcement employee,
including interest; and


14
        (2) municipality credits based on such service, 
15
    including interest; and


16
        (3) any interest paid by the applicant to reinstate 
17
    such service.


18
Participation in this Fund as to any credits transferred under 
19
this
Section shall terminate on the date of transfer.


20
    (b) Any such investigator or inspector may reinstate 
21
credits and
creditable service terminated upon receipt of a 
22
separation benefit, by paying
to the Fund the amount of the 
23
separation benefit plus interest thereon at the
rate of 6% per 
24
year to the date of payment.


25
(Source: P.A. 90-32, eff. 6-27-97.)

 
26
    (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)

27
    Sec. 9-121.10. Transfer to Article 14.


28
    (a) Until July 1, 1993, any active member of the State 
29
Employees'
Retirement System who is a State policeman may apply 
30
for transfer of some
or all of his creditable service as a 
31
member of the County Police
Department accumulated under this 
32
Article to the State Employees'
Retirement System.  At the time 
33
of the transfer the Fund shall pay to the
State Employees' 
34
Retirement System an amount equal to:


35
        (1) the amounts accumulated to the credit of the 
 


 






HB4946
- 5 -
LRB093 19393 LRD 45131 b




1
    applicant on the
books of the Fund on the date of transfer 
2
    for the service to be
transferred; and


3
        (2) the corresponding municipality credits, including 
4
    interest, on the
books of the Fund on the date of transfer; 
5
    and


6
        (3) any interest paid by the applicant in order to 
7
    reinstate such service.


8
Participation in this Fund with respect to the credits 
9
transferred shall
terminate on the date of transfer.


10
    (b) Until July 1, 1993, any such State policeman
may 
11
reinstate credit for service as a member of the County Police

12
Department that was terminated by receipt of a refund, by 
13
paying to the
Fund the amount of the refund with interest 
14
thereon at the rate of 6% per
year, compounded annually, from 
15
the date of refund to the date of payment.


16
    (c) Any active member of the State Employees' Retirement 
17
System who is an
investigator for the Office of the Attorney 
18
General may apply for transfer of
some or all of his or her 
19
creditable service as a member of the County Police
Department 
20
accumulated under this Article to the State Employees' 
21
Retirement
System in accordance with Section 14-110.  At the 
22
time of the transfer the Fund
shall pay to the State Employees' 
23
Retirement System an amount equal to:

24
        (1) the amounts accumulated to the credit of the 
25
    applicant for the service
to be transferred on the books of 
26
    the Fund on the date of transfer; and

27
        (2) the corresponding municipality credits, including 
28
    interest, on the
books of the Fund on the date of transfer; 
29
    and

30
        (3) any interest paid by the applicant in order to 
31
    reinstate such service.

32
Participation in this Fund with respect to the credits 
33
transferred shall
terminate on the date of transfer.

34
    (d) Any such investigator for the Office of the Attorney 
35
General may
reinstate credit for service as a member of the 
36
County Police Department that
was terminated by receipt of a 
 


 






HB4946
- 6 -
LRB093 19393 LRD 45131 b




1
refund, by paying to the Fund the amount of the
refund plus 
2
interest at the rate of 6% per year, compounded annually, from 
3
the
date of the refund to the date of payment.


4
(Source: P.A. 87-1265.)

 
5
    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)

6
    Sec. 14-110. Alternative retirement annuity.


7
    (a) Any member who has withdrawn from service with not less 
8
than 20
years of eligible creditable service and has attained 
9
age 55, and any
member who has withdrawn from service with not 
10
less than 25 years of
eligible creditable service and has 
11
attained age 50, regardless of whether
the attainment of either 
12
of the specified ages occurs while the member is
still in 
13
service, shall be entitled to receive at the option of the 
14
member,
in lieu of the regular or minimum retirement annuity, a 
15
retirement  annuity
computed as follows:


16
        (i) for periods of service as a noncovered employee:
if 
17
    retirement occurs on or after January 1, 2001, 3% of final

18
    average compensation for each year of creditable service; 
19
    if retirement occurs
before January 1, 2001, 2 1/4% of 
20
    final average compensation for each of the
first 10 years 
21
    of creditable service, 2 1/2% for each year above 10 years 
22
    to
and including 20 years of creditable service, and 2 3/4% 
23
    for each year of
creditable service above 20 years; and


24
        (ii) for periods of eligible creditable service as a 
25
    covered employee:
if retirement occurs on or after January 
26
    1, 2001, 2.5% of final average
compensation for each year 
27
    of creditable service; if retirement occurs before
January 
28
    1, 2001, 1.67% of final average compensation for each of 
29
    the first
10 years of such service, 1.90% for each of the 
30
    next 10 years of such service,
2.10% for each year of such 
31
    service in excess of 20 but not exceeding 30, and
2.30% for 
32
    each year in excess of 30.


33
    Such annuity shall be subject to a maximum of 75% of final 
34
average
compensation if retirement occurs before January 1, 
35
2001 or to a maximum
of 80% of final average compensation if 
 


 






HB4946
- 7 -
LRB093 19393 LRD 45131 b




1
retirement occurs on or after January
1, 2001.


2
    These rates shall not be applicable to any service 
3
performed
by a member as a covered employee which is not 
4
eligible creditable service.
 Service as a covered employee 
5
which is not eligible creditable service
shall be subject to 
6
the rates and provisions of Section 14-108.


7
    (b) For the purpose of this Section, "eligible creditable 
8
service" means
creditable service resulting from service in one 
9
or more of the following
positions:


10
        (1) State policeman;


11
        (2) fire fighter in the fire protection service of a 
12
    department;


13
        (3) air pilot;


14
        (4) special agent;


15
        (5) investigator for the Secretary of State;


16
        (6) conservation police officer;


17
        (7) investigator for the Department of Revenue;


18
        (8) security employee of the Department of Human 
19
    Services;


20
        (9) Central Management Services security police 
21
    officer;


22
        (10) security employee of the Department of 
23
    Corrections;


24
        (11) dangerous drugs investigator;


25
        (12) investigator for the Department of State Police;


26
        (13) investigator for the Office of the Attorney 
27
    General;


28
        (14) controlled substance inspector;


29
        (15) investigator for the Office of the State's 
30
    Attorneys Appellate
Prosecutor;


31
        (16) Commerce Commission police officer;


32
        (17) arson investigator;


33
        (18) State highway maintenance worker.


34
    A person employed in one of the positions specified in this 
35
subsection is
entitled to eligible creditable service for 
36
service credit earned under this
Article while undergoing the 
 


 






HB4946
- 8 -
LRB093 19393 LRD 45131 b




1
basic police training course approved by the
Illinois Law 
2
Enforcement Training
Standards Board, if
completion of that 
3
training is required of persons serving in that position.
For 
4
the purposes of this Code, service during the required basic 
5
police
training course shall be deemed performance of the 
6
duties of the specified
position, even though the person is not 
7
a sworn peace officer at the time of
the training.


8
    (c) For the purposes of this Section:


9
        (1) The term "state policeman" includes any title or 
10
    position
in the Department of State Police that is held by 
11
    an individual employed
under the State Police Act.


12
        (2) The term "fire fighter in the fire protection 
13
    service of a
department" includes all officers in such fire 
14
    protection service
including fire chiefs and assistant 
15
    fire chiefs.


16
        (3) The term "air pilot" includes any employee whose 
17
    official job
description on file in the Department of 
18
    Central Management Services, or
in the department by which 
19
    he is employed if that department is not covered
by the 
20
    Personnel Code, states that his principal duty is the 
21
    operation of
aircraft, and who possesses a pilot's license; 
22
    however, the change in this
definition made by this 
23
    amendatory Act of 1983 shall not operate to exclude
any 
24
    noncovered employee who was an "air pilot" for the purposes 
25
    of this
Section on January 1, 1984.


26
        (4) The term "special agent" means any person who by 
27
    reason of
employment by the Division of Narcotic Control, 
28
    the Bureau of Investigation
or, after July 1, 1977, the 
29
    Division of Criminal Investigation, the
Division of 
30
    Internal Investigation, the Division of Operations, or any

31
    other Division or organizational
entity in the Department 
32
    of State Police is vested by law with duties to
maintain 
33
    public order, investigate violations of the criminal law of 
34
    this
State, enforce the laws of this State, make arrests 
35
    and recover property.
The term "special agent" includes any 
36
    title or position in the Department
of State Police that is 
 


 






HB4946
- 9 -
LRB093 19393 LRD 45131 b




1
    held by an individual employed under the State
Police Act.


2
        (5) The term "investigator for the Secretary of State" 
3
    means any person
employed by the Office of the Secretary of 
4
    State and vested with such
investigative duties as render 
5
    him ineligible for coverage under the Social
Security Act 
6
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
7
    218(l)(1)
of that Act.


8
        A person who became employed as an investigator for the 
9
    Secretary of
State between January 1, 1967 and December 31, 
10
    1975, and who has served as
such until attainment of age 
11
    60, either continuously or with a single break
in service 
12
    of not more than 3 years duration, which break terminated 
13
    before
January 1, 1976, shall be entitled to have his 
14
    retirement annuity
calculated  in accordance with 
15
    subsection (a), notwithstanding
that he has less than 20 
16
    years of credit for such service.


17
        (6) The term "Conservation Police Officer" means any 
18
    person employed
by the Division of Law Enforcement of the 
19
    Department of Natural Resources and
vested with such law 
20
    enforcement duties as render him ineligible for coverage

21
    under the Social Security Act by reason of Sections 
22
    218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act.  The 
23
    term "Conservation Police Officer" includes
the positions 
24
    of Chief Conservation Police Administrator and Assistant

25
    Conservation Police Administrator.


26
        (7) The term "investigator for the Department of 
27
    Revenue" means any
person employed by the Department of 
28
    Revenue and vested with such
investigative duties as render 
29
    him ineligible for coverage under the Social
Security Act 
30
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
31
    218(l)(1)
of that Act.


32
        (8) The term "security employee of the Department of 
33
    Human Services"
means any person employed by the Department 
34
    of Human Services who (i) is
employed at the Chester Mental 
35
    Health Center and has daily contact with the
residents 
36
    thereof, (ii) is employed within a security unit at a 
 


 






HB4946
- 10 -
LRB093 19393 LRD 45131 b




1
    facility
operated by the Department and has daily contact 
2
    with the residents of the
security unit, (iii) is employed 
3
    at a facility operated by the Department
that includes a 
4
    security unit and is regularly scheduled to work at least

5
    50% of his or her working hours within that security unit, 
6
    or (iv) is a mental health police officer.
"Mental health 
7
    police officer" means any person employed by the Department 
8
    of
Human Services in a position pertaining to the 
9
    Department's mental health and
developmental disabilities 
10
    functions who is vested with such law enforcement
duties as 
11
    render the person ineligible for coverage under the Social 
12
    Security
Act by reason of Sections 218(d)(5)(A), 
13
    218(d)(8)(D) and 218(l)(1) of that
Act.  "Security unit" 
14
    means that portion of a facility that is devoted to
the 
15
    care, containment, and treatment of persons committed to 
16
    the Department of
Human Services as sexually violent 
17
    persons, persons unfit to stand trial, or
persons not 
18
    guilty by reason of insanity.  With respect to past 
19
    employment,
references to the Department of Human Services 
20
    include its predecessor, the
Department of Mental Health 
21
    and Developmental Disabilities.


22
        The changes made to this subdivision (c)(8) by Public 
23
    Act 92-14 apply to persons who retire on or after January 
24
    1,
2001, notwithstanding Section 1-103.1.


25
        (9) "Central Management Services security police 
26
    officer" means any
person employed by the Department of 
27
    Central Management Services who is
vested with such law 
28
    enforcement duties as render him ineligible for
coverage 
29
    under the Social Security Act by reason of Sections 
30
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.


31
        (10) The term "security employee of the Department of 
32
    Corrections"
means any employee of the Department of 
33
    Corrections or the former
Department of Personnel, and any 
34
    member or employee of the Prisoner
Review Board, who has 
35
    daily contact with inmates by working within a
correctional 
36
    facility or who is a parole officer or an employee who has

 


 






HB4946
- 11 -
LRB093 19393 LRD 45131 b




1
    direct contact with committed persons in the performance of 
2
    his or her
job duties.


3
        (11) The term "dangerous drugs investigator" means any 
4
    person who is
employed as such by the Department of Human 
5
    Services.


6
        (12) The term "investigator for the Department of State 
7
    Police" means
a person employed by the Department of State 
8
    Police who is vested under
Section 4 of the Narcotic 
9
    Control Division Abolition Act with such
law enforcement 
10
    powers as render him ineligible for coverage under the

11
    Social Security Act by reason of Sections 218(d)(5)(A), 
12
    218(d)(8)(D) and
218(l)(1) of that Act.


13
        (13) "Investigator for the Office of the Attorney 
14
    General" means any
person who is employed as such by the 
15
    Office of the Attorney General and
is vested with such 
16
    investigative duties as render him ineligible for
coverage 
17
    under the Social Security Act by reason of Sections 
18
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.  For 
19
    the period before January 1,
1989, the term includes all 
20
    persons who were employed as investigators by the
Office of 
21
    the Attorney General, without regard to social security 
22
    status.


23
        (14) "Controlled substance inspector" means any person 
24
    who is employed
as such by the Department of Professional 
25
    Regulation and is vested with such
law enforcement duties 
26
    as render him ineligible for coverage under the Social

27
    Security Act by reason of Sections 218(d)(5)(A), 
28
    218(d)(8)(D) and 218(l)(1) of
that Act.  The term 
29
    "controlled substance inspector" includes the Program

30
    Executive of Enforcement and the Assistant Program 
31
    Executive of Enforcement.


32
        (15) The term "investigator for the Office of the 
33
    State's Attorneys
Appellate Prosecutor" means a person 
34
    employed in that capacity on a full
time basis under the 
35
    authority of Section 7.06 of the State's Attorneys

36
    Appellate Prosecutor's Act.


 


 






HB4946
- 12 -
LRB093 19393 LRD 45131 b




1
        (16) "Commerce Commission police officer" means any 
2
    person employed
by the Illinois Commerce Commission who is 
3
    vested with such law
enforcement duties as render him 
4
    ineligible for coverage under the Social
Security Act by 
5
    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

6
    218(l)(1) of that Act.


7
        (17) "Arson investigator" means any person who is 
8
    employed as such by
the Office of the State Fire Marshal 
9
    and is vested with such law enforcement
duties as render 
10
    the person ineligible for coverage under the Social 
11
    Security
Act by reason of Sections 218(d)(5)(A), 
12
    218(d)(8)(D), and 218(l)(1) of that
Act.  A person who was 
13
    employed as an arson
investigator on January 1, 1995 and is 
14
    no longer in service but not yet
receiving a retirement 
15
    annuity may convert his or her creditable service for

16
    employment as an arson investigator into eligible 
17
    creditable service by paying
to the System the difference 
18
    between the employee contributions actually paid
for that 
19
    service and the amounts that would have been contributed if 
20
    the
applicant were contributing at the rate applicable to 
21
    persons with the same
social security status earning 
22
    eligible creditable service on the date of
application.


23
        (18) The term "State highway maintenance worker" means 
24
    a person who is
either of the following:


25
            (i) A person employed on a full-time basis by the 
26
        Illinois
Department of Transportation in the position 
27
        of
highway maintainer,
highway maintenance lead 
28
        worker,
highway maintenance lead/lead worker,
heavy 
29
        construction equipment operator,
power shovel 
30
        operator, or
bridge mechanic; and
whose principal 
31
        responsibility is to perform, on the roadway, the 
32
        actual
maintenance necessary to keep the highways that 
33
        form a part of the State
highway system in serviceable 
34
        condition for vehicular traffic.


35
            (ii) A person employed on a full-time basis by the 
36
        Illinois
State Toll Highway Authority in the position 
 


 






HB4946
- 13 -
LRB093 19393 LRD 45131 b




1
        of
equipment operator/laborer H-4,
equipment  
2
        operator/laborer  H-6,
welder  H-4,
welder  H-6,

3
        mechanical/electrical H-4,
mechanical/electrical H-6,

4
        water/sewer H-4,
water/sewer H-6,
sign maker/hanger 
5
        H-4,
sign maker/hanger H-6,
roadway lighting H-4,

6
        roadway lighting H-6,
structural H-4,
structural H-6,

7
        painter H-4, or
painter H-6; and
whose principal 
8
        responsibility is to perform, on the roadway, the 
9
        actual
maintenance necessary to keep the Authority's 
10
        tollways in serviceable condition
for vehicular 
11
        traffic.


12
    (d) A security employee of the Department of Corrections, 
13
and a security
employee of the Department of Human Services who 
14
is not a mental health police
officer, shall not be eligible 
15
for the alternative retirement annuity provided
by this Section 
16
unless he or she meets the following minimum age and service

17
requirements at the time of retirement:


18
        (i) 25 years of eligible creditable service and age 55; 
19
    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 
27
    creditable service
and age 52, or 22 years of eligible 
28
    creditable service and age 55; or


29
        (v) beginning January 1, 1990, 25 years of eligible 
30
    creditable service
and age 51, or 21 years of eligible 
31
    creditable service and age 55; or


32
        (vi) beginning January 1, 1991, 25 years of eligible 
33
    creditable service
and age 50, or 20 years of eligible 
34
    creditable service and age 55.


35
    Persons who have service credit under Article 16 of this 
36
Code for service
as a security employee of the Department of 
 


 






HB4946
- 14 -
LRB093 19393 LRD 45131 b




1
Corrections or the Department
of Human Services in a position 
2
requiring certification as a teacher may
count such service 
3
toward establishing their eligibility under the service

4
requirements of this Section; but such service may be used only 
5
for
establishing such eligibility, and not for the purpose of 
6
increasing or
calculating any benefit.


7
    (e) If a member enters military service while working in a 
8
position in
which eligible creditable service may be earned, 
9
and returns to State
service in the same or another such 
10
position, and fulfills in all other
respects the conditions 
11
prescribed in this Article for credit for military
service, 
12
such military service shall be credited as eligible creditable

13
service for the purposes of the retirement annuity prescribed 
14
in this Section.


15
    (f) For purposes of calculating retirement annuities under 
16
this
Section, periods of service rendered after December 31, 
17
1968 and before
October 1, 1975 as a covered employee in the 
18
position of special agent,
conservation police officer, mental 
19
health police officer, or investigator
for the Secretary of 
20
State, shall be deemed to have been service as a
noncovered 
21
employee, provided that the employee pays to the System prior 
22
to
retirement an amount equal to (1) the difference between the 
23
employee
contributions that would have been required for such 
24
service as a
noncovered employee, and the amount of employee 
25
contributions actually
paid, plus (2) if payment is made after 
26
July 31, 1987, regular interest
on the amount specified in item 
27
(1) from the date of service to the date
of payment.


28
    For purposes of calculating retirement annuities under 
29
this Section,
periods of service rendered after December 31, 
30
1968 and before January 1,
1982 as a covered employee in the 
31
position of investigator for the
Department of Revenue shall be 
32
deemed to have been service as a noncovered
employee, provided 
33
that the employee pays to the System prior to retirement
an 
34
amount equal to (1) the difference between the employee 
35
contributions
that would have been required for such service as 
36
a noncovered employee,
and the amount of employee contributions 
 


 






HB4946
- 15 -
LRB093 19393 LRD 45131 b




1
actually paid, plus (2) if payment
is made after January 1, 
2
1990, regular interest on the amount specified in
item (1) from 
3
the date of service to the date of payment.


4
    (g) A State policeman may elect, not later than January 1, 
5
1990, to
establish eligible creditable service for up to 10 
6
years of his service as
a policeman under Article 3, by filing 
7
a written election with the Board,
accompanied by payment of an 
8
amount to be determined by the Board, equal to
(i) the 
9
difference between the amount of employee and employer

10
contributions transferred to the System under Section 3-110.5, 
11
and the
amounts that would have been contributed had such 
12
contributions been made
at the rates applicable to State 
13
policemen, plus (ii) interest thereon at
the effective rate for 
14
each year, compounded annually, from the date of
service to the 
15
date of payment.


16
    Subject to the limitation in subsection (i), a State 
17
policeman may elect,
not later than July 1, 1993, to establish 
18
eligible creditable service for
up to 10 years of his service 
19
as a member of the County Police Department
under Article 9, by 
20
filing a written election with the Board, accompanied
by 
21
payment of an amount to be determined by the Board, equal to 
22
(i) the
difference between the amount of employee and employer 
23
contributions
transferred to the System under Section 9-121.10 
24
and the amounts that would
have been contributed had those 
25
contributions been made at the rates
applicable to State 
26
policemen, plus (ii) interest thereon at the effective
rate for 
27
each year, compounded annually, from the date of service to the

28
date of payment.


29
    (h) Subject to the limitation in subsection (i), a State 
30
policeman or
investigator for the Secretary of State may elect 
31
to establish eligible
creditable service for up to 12 years of 
32
his service as a policeman under
Article 5, by filing a written 
33
election with the Board on or before January
31, 1992, and 
34
paying to the System by January 31, 1994 an amount to be

35
determined by the Board, equal to (i) the difference between 
36
the amount of
employee and employer contributions transferred 
 


 






HB4946
- 16 -
LRB093 19393 LRD 45131 b




1
to the System under Section
5-236, and the amounts that would 
2
have been contributed had such
contributions been made at the 
3
rates applicable to State policemen, plus
(ii) interest thereon 
4
at the effective rate for each year, compounded
annually, from 
5
the date of service to the date of payment.


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


20
    (i) The total amount of eligible creditable service 
21
established by any
person under subsections (g), (h), (j), (k), 
22
and (l), and (m) of this
Section shall not exceed 12 years.


23
    (j) Subject to the limitation in subsection (i), an 
24
investigator for
the Office of the State's Attorneys Appellate 
25
Prosecutor or a controlled
substance inspector may elect to

26
establish eligible creditable service for up to 10 years of his 
27
service as
a policeman under Article 3 or a sheriff's law 
28
enforcement employee under
Article 7, by filing a written 
29
election with the Board, accompanied by
payment of an amount to 
30
be determined by the Board, equal to (1) the
difference between 
31
the amount of employee and employer contributions
transferred 
32
to the System under Section 3-110.6 or 7-139.8, and the amounts

33
that would have been contributed had such contributions been 
34
made at the
rates applicable to State policemen, plus (2) 
35
interest thereon at the
effective rate for each year, 
36
compounded annually, from the date of service
to the date of 
 


 






HB4946
- 17 -
LRB093 19393 LRD 45131 b




1
payment.


2
    (k) Subject to the limitation in subsection (i) of this 
3
Section, an
alternative formula employee may elect to establish 
4
eligible creditable
service for periods spent as a full-time 
5
law enforcement officer or full-time
corrections officer 
6
employed by the federal government or by a state or local

7
government located outside of Illinois, for which credit is not 
8
held in any
other public employee pension fund or retirement 
9
system.  To obtain this
credit, the applicant must file a 
10
written application with the Board by March
31, 1998, 
11
accompanied by evidence of eligibility acceptable to the Board 
12
and
payment of an amount to be determined by the Board, equal 
13
to (1) employee
contributions for the credit being established, 
14
based upon the applicant's
salary on the first day as an 
15
alternative formula employee after the employment
for which 
16
credit is being established and the rates then applicable to

17
alternative formula employees, plus (2) an amount determined by 
18
the Board
to be the employer's normal cost of the benefits 
19
accrued for the credit being
established, plus (3) regular 
20
interest on the amounts in items (1) and (2) from
the first day 
21
as an alternative formula employee after the employment for 
22
which
credit is being established to the date of payment.


23
    (l) Subject to the limitation in subsection (i), a security 
24
employee of
the Department of Corrections may elect, not later 
25
than July 1, 1998, to
establish eligible creditable service for 
26
up to 10 years of his or her service
as a policeman under 
27
Article 3, by filing a written election with the Board,

28
accompanied by payment of an amount to be determined by the 
29
Board, equal to
(i) the difference between the amount of 
30
employee and employer contributions
transferred to the System 
31
under Section 3-110.5, and the amounts that would
have been 
32
contributed had such contributions been made at the rates 
33
applicable
to security employees of the Department of 
34
Corrections, plus (ii) interest
thereon at the effective rate 
35
for each year, compounded annually, from the date
of service to 
36
the date of payment.


 


 






HB4946
- 18 -
LRB093 19393 LRD 45131 b




1
    (m) Subject to the limitation in subsection (i), an 
2
investigator for the
Office of the Attorney General may elect 
3
to establish eligible creditable
service for up to 12 years of 
4
service as a policeman under Article 3 or 5, as a
sheriff's law 
5
enforcement employee or municipal conservator of the peace 
6
under
Article 7, or as a member of the County Police Department 
7
under Article 9, by
filing a written election with the Board, 
8
accompanied by payment of an amount
to be determined by the 
9
Board, equal to (1) the difference between the amount
of 
10
employee and employer contributions transferred to the System 
11
under Section
3-110.6, 5-236, 7-139.8, or 9-121.10 and the 
12
amounts that would have been
contributed had those 
13
contributions been made at the rates applicable to State

14
policemen, plus (2) interest thereon at the effective rate for 
15
each year,
compounded annually, from the date of service to the 
16
date of payment.


17
(Source: P.A. 91-357, eff. 7-29-99; 91-760, eff. 1-1-01; 92-14, 
18
eff.
6-28-01; 92-257, eff. 8-6-01; 92-651, eff. 7-11-02.)


 
19
    Section 99. Effective date.   This Act takes effect upon 
20
becoming law.