94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2576


 
Introduced 1/20/2006, by Sen. Antonio Munoz
 
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



40 ILCS 5/14-152.2 new





40 ILCS 5/15-134.4
  from Ch. 108 1/2, par. 15-134.4



30 ILCS 805/8.30 new









    Amends the Illinois Pension Code. Provides that an active member of the State Employees' Retirement System who is an alternative formula employee may transfer to that System up to 5 years of his or her creditable service accumulated
for service in a police capacity under certain other Articles of the Code or for service for periods spent as a full-time law enforcement officer or full-time
corrections officer employed by the federal government or by a state or local
government located outside of Illinois. Provides for certain payments to establish the creditable service. Authorizes reinstatement of certain credits previously terminated by acceptance of a refund, upon repayment of the refund, plus interest. Contains language concerning new benefit increases. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

















LRB094 15547 AMC 50746 b

















FISCAL NOTE ACT MAY APPLY


PENSION IMPACT NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











SB2576

LRB094 15547 AMC 50746 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, 14-110, and 
6
15-134.4 and by adding Section 14-152.2 as follows:

 



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



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

9
    (a)  Any active member of the State Employees' Retirement 
10
System who is
 an alternative formula employee under Section 
11
14-110
an investigator for the Office of the State's Attorneys 
12
Appellate
Prosecutor or a controlled substance inspector may 
13
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 service to be transferred.

26
Participation in the police pension fund with respect to the 
27
service to be transferred shall terminate on the date
of 
28
transfer.

29
    (b) Any person applying to transfer service under this 
30
Section
such investigator or inspector may reinstate service 
31
that
which was
terminated by receipt of a refund, by paying to 
32
the police pension fund the
amount of the refund with interest 
 


 






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1
thereon at the rate of 6% per year,
compounded annually, from 
2
the date of refund to the date of payment.

3
(Source: P.A. 90-32, eff. 6-27-97.)

 



4
    (40 ILCS 5/5-236)  (from Ch. 108 1/2, par. 5-236)



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

6
    (a) Until January 31, 1994, Any active member of the State 
7
Employees'
Retirement System who is an alternative formula 
8
employee under Section 14-110
a State policeman or investigator 
9
for the
Secretary of State may apply for transfer of some or 
10
all of his or her
creditable service
accumulated under this 
11
Article to the State Employees' Retirement System in accordance 
12
with Section 14-110.
At the time of the transfer the Fund shall 
13
pay to the State Employees'
Retirement System an amount equal 
14
to:


15
        (1) the amounts accumulated to the credit of the 
16
    applicant for the service to be transferred on the books
of 
17
    the Fund on the date of transfer; and


18
        (2) the corresponding municipality credits, including 
19
    interest, on the
books of the Fund on the date of transfer; 
20
    and


21
        (3) any interest paid by the applicant in order to 
22
    reinstate service to be transferred.

23
Participation in this Fund with respect to the service to be 
24
transferred shall terminate on the date of transfer.

25
    (b) Until January 31, 1994, Any such alternative formula 
26
employee
State policeman or investigator
for the Secretary of 
27
State may reinstate service that was terminated by
receipt of a 
28
refund, by paying to the Fund the amount of the refund with

29
interest thereon at the rate of 6% per year, compounded 
30
annually, from the
date of refund to the date of payment.

31
    (c) Within 30 days after the effective date of this 
32
amendatory Act of
1993, any active member of the State 
33
Employees' Retirement System who was
earning eligible 
34
creditable service under subdivision (b)(12) of Section
14-110 
35
on January 1, 1992 and who has at least 17 years of creditable

 


 






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1
service under this Article may apply for transfer of his 
2
creditable service
accumulated under this Article to the State 
3
Employees' Retirement System.
At the time of the transfer the 
4
Fund shall pay to the State Employees'
Retirement System an 
5
amount equal to:


6
        (1) the amounts accumulated to the credit of the 
7
    applicant on the books
of the Fund on the date of transfer; 
8
    and


9
        (2) the corresponding municipality credits, including 
10
    interest, on the
books of the Fund on the date of transfer.

11
Participation in this Fund shall terminate on the date of 
12
transfer.

13
(Source: P.A. 86-1488; 87-1265.)

 



14
    (40 ILCS 5/7-139.8)  (from Ch. 108 1/2, par. 7-139.8)



15
    Sec. 7-139.8. Transfer to Article 14 System. 

16
    (a) Any active member of the State Employees' Retirement 
17
System who is an
alternative formula employee under Section 
18
14-110
investigator for the Office of the State's Attorneys 
19
Appellate Prosecutor
or a controlled substance inspector
may 
20
apply for transfer of some or all of his or her credits and 
21
creditable service
accumulated in this Fund for service as a 
22
sheriff's law enforcement
employee to the State Employees' 
23
Retirement System in accordance with
Section 14-110.  The 
24
creditable service shall be transferred only upon payment
by 
25
this Fund to the State Employees' Retirement System of an 
26
amount equal to:


27
        (1) the amounts accumulated to the credit of the 
28
    applicant for the service
to be transferred
as a sheriff's 
29
    law enforcement employee, including interest; and


30
        (2) municipality credits based on such service, 
31
    including interest; and


32
        (3) any interest paid by the applicant to reinstate 
33
    such service.

34
Participation in this Fund as to any credits transferred under 
35
this
Section shall terminate on the date of transfer.

 


 






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1
    (b) Any person applying to transfer service under this 
2
Section
such investigator or inspector may reinstate credits 
3
and
creditable service terminated upon receipt of a separation 
4
benefit, by paying
to the Fund the amount of the separation 
5
benefit plus interest thereon at the
rate of 6% per year to the 
6
date of payment.

7
(Source: P.A. 90-32, eff. 6-27-97.)

 



8
    (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)



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

10
    (a) Until July 1, 1993, Any active member of the State 
11
Employees'
Retirement System who is an alternative formula 
12
employee under Section 14-110
a State policeman may apply for 
13
transfer of some
or all of his creditable service as a member 
14
of the County Police
Department accumulated under this Article 
15
to the State Employees'
Retirement System in accordance with 
16
Section 14-110.  At the time of the transfer the Fund shall pay 
17
to the
State Employees' Retirement System an amount equal to:


18
        (1) the amounts accumulated to the credit of the 
19
    applicant on the
books of the Fund on the date of transfer 
20
    for the service to be
transferred; and


21
        (2) the corresponding municipality credits, including 
22
    interest, on the
books of the Fund on the date of transfer; 
23
    and


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

26
Participation in this Fund with respect to the credits 
27
transferred shall
terminate on the date of transfer.

28
    (b) Any person applying to transfer service under this 
29
Section
Until July 1, 1993, any such State policeman
may 
30
reinstate credit for service as a member of the County Police

31
Department that was terminated by receipt of a refund, by 
32
paying to the
Fund the amount of the refund with interest 
33
thereon at the rate of 6% per
year, compounded annually, from 
34
the date of refund to the date of payment.

35
(Source: P.A. 87-1265.)

 


 


 






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


2
    (Text of Section before amendment by P.A. 94-696)

3
    Sec. 14-110. Alternative retirement annuity. 

4
    (a) Any member who has withdrawn from service with not less 
5
than 20
years of eligible creditable service and has attained 
6
age 55, and any
member who has withdrawn from service with not 
7
less than 25 years of
eligible creditable service and has 
8
attained age 50, regardless of whether
the attainment of either 
9
of the specified ages occurs while the member is
still in 
10
service, shall be entitled to receive at the option of the 
11
member,
in lieu of the regular or minimum retirement annuity, a 
12
retirement  annuity
computed as follows:


13
        (i) for periods of service as a noncovered employee:
if 
14
    retirement occurs on or after January 1, 2001, 3% of final

15
    average compensation for each year of creditable service; 
16
    if retirement occurs
before January 1, 2001, 2 1/4% of 
17
    final average compensation for each of the
first 10 years 
18
    of creditable service, 2 1/2% for each year above 10 years 
19
    to
and including 20 years of creditable service, and 2 3/4% 
20
    for each year of
creditable service above 20 years; and


21
        (ii) for periods of eligible creditable service as a 
22
    covered employee:
if retirement occurs on or after January 
23
    1, 2001, 2.5% of final average
compensation for each year 
24
    of creditable service; if retirement occurs before
January 
25
    1, 2001, 1.67% of final average compensation for each of 
26
    the first
10 years of such service, 1.90% for each of the 
27
    next 10 years of such service,
2.10% for each year of such 
28
    service in excess of 20 but not exceeding 30, and
2.30% for 
29
    each year in excess of 30.

30
    Such annuity shall be subject to a maximum of 75% of final 
31
average
compensation if retirement occurs before January 1, 
32
2001 or to a maximum
of 80% of final average compensation if 
33
retirement occurs on or after January
1, 2001.

34
    These rates shall not be applicable to any service 
35
performed
by a member as a covered employee which is not 
 


 






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1
eligible creditable service.
 Service as a covered employee 
2
which is not eligible creditable service
shall be subject to 
3
the rates and provisions of Section 14-108.

4
    (b) For the purpose of this Section, "eligible creditable 
5
service" means
creditable service resulting from service in one 
6
or more of the following
positions:


7
        (1) State policeman;


8
        (2) fire fighter in the fire protection service of a 
9
    department;


10
        (3) air pilot;


11
        (4) special agent;


12
        (5) investigator for the Secretary of State;


13
        (6) conservation police officer;


14
        (7) investigator for the Department of Revenue;


15
        (8) security employee of the Department of Human 
16
    Services;


17
        (9) Central Management Services security police 
18
    officer;


19
        (10) security employee of the Department of 
20
    Corrections;


21
        (11) dangerous drugs investigator;


22
        (12) investigator for the Department of State Police;


23
        (13) investigator for the Office of the Attorney 
24
    General;


25
        (14) controlled substance inspector;


26
        (15) investigator for the Office of the State's 
27
    Attorneys Appellate
Prosecutor;


28
        (16) Commerce Commission police officer;


29
        (17) arson investigator;


30
        (18) State highway maintenance worker.

31
    A person employed in one of the positions specified in this 
32
subsection is
entitled to eligible creditable service for 
33
service credit earned under this
Article while undergoing the 
34
basic police training course approved by the
Illinois Law 
35
Enforcement Training
Standards Board, if
completion of that 
36
training is required of persons serving in that position.
For 
 


 






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1
the purposes of this Code, service during the required basic 
2
police
training course shall be deemed performance of the 
3
duties of the specified
position, even though the person is not 
4
a sworn peace officer at the time of
the training.

5
    (c) For the purposes of this Section:


6
        (1) The term "state policeman" includes any title or 
7
    position
in the Department of State Police that is held by 
8
    an individual employed
under the State Police Act.


9
        (2) The term "fire fighter in the fire protection 
10
    service of a
department" includes all officers in such fire 
11
    protection service
including fire chiefs and assistant 
12
    fire chiefs.


13
        (3) The term "air pilot" includes any employee whose 
14
    official job
description on file in the Department of 
15
    Central Management Services, or
in the department by which 
16
    he is employed if that department is not covered
by the 
17
    Personnel Code, states that his principal duty is the 
18
    operation of
aircraft, and who possesses a pilot's license; 
19
    however, the change in this
definition made by this 
20
    amendatory Act of 1983 shall not operate to exclude
any 
21
    noncovered employee who was an "air pilot" for the purposes 
22
    of this
Section on January 1, 1984.


23
        (4) The term "special agent" means any person who by 
24
    reason of
employment by the Division of Narcotic Control, 
25
    the Bureau of Investigation
or, after July 1, 1977, the 
26
    Division of Criminal Investigation, the
Division of 
27
    Internal Investigation, the Division of Operations, or any

28
    other Division or organizational
entity in the Department 
29
    of State Police is vested by law with duties to
maintain 
30
    public order, investigate violations of the criminal law of 
31
    this
State, enforce the laws of this State, make arrests 
32
    and recover property.
The term "special agent" includes any 
33
    title or position in the Department
of State Police that is 
34
    held by an individual employed under the State
Police Act.


35
        (5) The term "investigator for the Secretary of State" 
36
    means any person
employed by the Office of the Secretary of 
 


 






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1
    State and vested with such
investigative duties as render 
2
    him ineligible for coverage under the Social
Security Act 
3
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
4
    218(l)(1)
of that Act.


5
        A person who became employed as an investigator for the 
6
    Secretary of
State between January 1, 1967 and December 31, 
7
    1975, and who has served as
such until attainment of age 
8
    60, either continuously or with a single break
in service 
9
    of not more than 3 years duration, which break terminated 
10
    before
January 1, 1976, shall be entitled to have his 
11
    retirement annuity
calculated  in accordance with 
12
    subsection (a), notwithstanding
that he has less than 20 
13
    years of credit for such service.


14
        (6) The term "Conservation Police Officer" means any 
15
    person employed
by the Division of Law Enforcement of the 
16
    Department of Natural Resources and
vested with such law 
17
    enforcement duties as render him ineligible for coverage

18
    under the Social Security Act by reason of Sections 
19
    218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act.  The 
20
    term "Conservation Police Officer" includes
the positions 
21
    of Chief Conservation Police Administrator and Assistant

22
    Conservation Police Administrator.


23
        (7) The term "investigator for the Department of 
24
    Revenue" means any
person employed by the Department of 
25
    Revenue and vested with such
investigative duties as render 
26
    him ineligible for coverage under the Social
Security Act 
27
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
28
    218(l)(1)
of that Act.


29
        (8) The term "security employee of the Department of 
30
    Human Services"
means any person employed by the Department 
31
    of Human Services who (i) is
employed at the Chester Mental 
32
    Health Center and has daily contact with the
residents 
33
    thereof, (ii) is employed within a security unit at a 
34
    facility
operated by the Department and has daily contact 
35
    with the residents of the
security unit, (iii) is employed 
36
    at a facility operated by the Department
that includes a 
 


 






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1
    security unit and is regularly scheduled to work at least

2
    50% of his or her working hours within that security unit, 
3
    or (iv) is a mental health police officer.
"Mental health 
4
    police officer" means any person employed by the Department 
5
    of
Human Services in a position pertaining to the 
6
    Department's mental health and
developmental disabilities 
7
    functions who is vested with such law enforcement
duties as 
8
    render 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.  "Security unit" 
11
    means that portion of a facility that is devoted to
the 
12
    care, containment, and treatment of persons committed to 
13
    the Department of
Human Services as sexually violent 
14
    persons, persons unfit to stand trial, or
persons not 
15
    guilty by reason of insanity.  With respect to past 
16
    employment,
references to the Department of Human Services 
17
    include its predecessor, the
Department of Mental Health 
18
    and Developmental Disabilities.


19
        The changes made to this subdivision (c)(8) by Public 
20
    Act 92-14 apply to persons who retire on or after January 
21
    1,
2001, notwithstanding Section 1-103.1.


22
        (9) "Central Management Services security police 
23
    officer" means any
person employed by the Department of 
24
    Central Management Services who is
vested with such law 
25
    enforcement duties as render him ineligible for
coverage 
26
    under the Social Security Act by reason of Sections 
27
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.


28
        (10) For a member who first became an employee under 
29
    this Article before July 1, 2005, the term "security 
30
    employee of the Department of Corrections"
means any 
31
    employee of the Department of Corrections or the former

32
    Department of Personnel, and any member or employee of the 
33
    Prisoner
Review Board, who has daily contact with inmates 
34
    by working within a
correctional facility or who is a 
35
    parole officer or an employee who has
direct contact with 
36
    committed persons in the performance of his or her
job 
 


 






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1
    duties. For a member who first becomes an employee under 
2
    this Article on or after July 1, 2005, the  term means  an 
3
    employee of the Department of Corrections who is any of the 
4
    following: (i) officially headquartered at a correctional 
5
    facility, (ii) a parole officer, (iii) a member of the 
6
    apprehension unit, (iv) a member of the intelligence unit, 
7
    (v) a member of the sort team, or (vi) an investigator.


8
        (11) The term "dangerous drugs investigator" means any 
9
    person who is
employed as such by the Department of Human 
10
    Services.


11
        (12) The term "investigator for the Department of State 
12
    Police" means
a person employed by the Department of State 
13
    Police who is vested under
Section 4 of the Narcotic 
14
    Control Division Abolition Act with such
law enforcement 
15
    powers as render him ineligible for coverage under the

16
    Social Security Act by reason of Sections 218(d)(5)(A), 
17
    218(d)(8)(D) and
218(l)(1) of that Act.


18
        (13) "Investigator for the Office of the Attorney 
19
    General" means any
person who is employed as such by the 
20
    Office of the Attorney General and
is vested with such 
21
    investigative duties as render him ineligible for
coverage 
22
    under the Social Security Act by reason of Sections 
23
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.  For 
24
    the period before January 1,
1989, the term includes all 
25
    persons who were employed as investigators by the
Office of 
26
    the Attorney General, without regard to social security 
27
    status.


28
        (14) "Controlled substance inspector" means any person 
29
    who is employed
as such by the Department of Professional 
30
    Regulation and is vested with such
law enforcement duties 
31
    as render him ineligible for coverage under the Social

32
    Security Act by reason of Sections 218(d)(5)(A), 
33
    218(d)(8)(D) and 218(l)(1) of
that Act.  The term 
34
    "controlled substance inspector" includes the Program

35
    Executive of Enforcement and the Assistant Program 
36
    Executive of Enforcement.


 


 






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1
        (15) The term "investigator for the Office of the 
2
    State's Attorneys
Appellate Prosecutor" means a person 
3
    employed in that capacity on a full
time basis under the 
4
    authority of Section 7.06 of the State's Attorneys

5
    Appellate Prosecutor's Act.


6
        (16) "Commerce Commission police officer" means any 
7
    person employed
by the Illinois Commerce Commission who is 
8
    vested with such law
enforcement duties as render him 
9
    ineligible for coverage under the Social
Security Act by 
10
    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

11
    218(l)(1) of that Act.


12
        (17) "Arson investigator" means any person who is 
13
    employed as such by
the Office of the State Fire Marshal 
14
    and is vested with such law enforcement
duties as render 
15
    the person ineligible for coverage under the Social 
16
    Security
Act by reason of Sections 218(d)(5)(A), 
17
    218(d)(8)(D), and 218(l)(1) of that
Act.  A person who was 
18
    employed as an arson
investigator on January 1, 1995 and is 
19
    no longer in service but not yet
receiving a retirement 
20
    annuity may convert his or her creditable service for

21
    employment as an arson investigator into eligible 
22
    creditable service by paying
to the System the difference 
23
    between the employee contributions actually paid
for that 
24
    service and the amounts that would have been contributed if 
25
    the
applicant were contributing at the rate applicable to 
26
    persons with the same
social security status earning 
27
    eligible creditable service on the date of
application.


28
        (18) The term "State highway maintenance worker" means 
29
    a person who is
either of the following:


30
            (i) A person employed on a full-time basis by the 
31
        Illinois
Department of Transportation in the position 
32
        of
highway maintainer,
highway maintenance lead 
33
        worker,
highway maintenance lead/lead worker,
heavy 
34
        construction equipment operator,
power shovel 
35
        operator, or
bridge mechanic; and
whose principal 
36
        responsibility is to perform, on the roadway, the 
 


 






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1
        actual
maintenance necessary to keep the highways that 
2
        form a part of the State
highway system in serviceable 
3
        condition for vehicular traffic.


4
            (ii) A person employed on a full-time basis by the 
5
        Illinois
State Toll Highway Authority in the position 
6
        of
equipment operator/laborer H-4,
equipment  
7
        operator/laborer  H-6,
welder  H-4,
welder  H-6,

8
        mechanical/electrical H-4,
mechanical/electrical H-6,

9
        water/sewer H-4,
water/sewer H-6,
sign maker/hanger 
10
        H-4,
sign maker/hanger H-6,
roadway lighting H-4,

11
        roadway lighting H-6,
structural H-4,
structural H-6,

12
        painter H-4, or
painter H-6; and
whose principal 
13
        responsibility is to perform, on the roadway, the 
14
        actual
maintenance necessary to keep the Authority's 
15
        tollways in serviceable condition
for vehicular 
16
        traffic.

17
    (d) A security employee of the Department of Corrections, 
18
and a security
employee of the Department of Human Services who 
19
is not a mental health police
officer, shall not be eligible 
20
for the alternative retirement annuity provided
by this Section 
21
unless he or she meets the following minimum age and service

22
requirements at the time of retirement:


23
        (i) 25 years of eligible creditable service and age 55; 
24
    or


25
        (ii) beginning January 1, 1987, 25 years of eligible 
26
    creditable service
and age 54, or 24 years of eligible 
27
    creditable service and age 55; or


28
        (iii) beginning January 1, 1988, 25 years of eligible 
29
    creditable service
and age 53, or 23 years of eligible 
30
    creditable service and age 55; or


31
        (iv) beginning January 1, 1989, 25 years of eligible 
32
    creditable service
and age 52, or 22 years of eligible 
33
    creditable service and age 55; or


34
        (v) beginning January 1, 1990, 25 years of eligible 
35
    creditable service
and age 51, or 21 years of eligible 
36
    creditable service and age 55; or


 


 






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1
        (vi) beginning January 1, 1991, 25 years of eligible 
2
    creditable service
and age 50, or 20 years of eligible 
3
    creditable service and age 55.

4
    Persons who have service credit under Article 16 of this 
5
Code for service
as a security employee of the Department of 
6
Corrections or the Department
of Human Services in a position 
7
requiring certification as a teacher may
count such service 
8
toward establishing their eligibility under the service

9
requirements of this Section; but such service may be used only 
10
for
establishing such eligibility, and not for the purpose of 
11
increasing or
calculating any benefit.

12
    (e) If a member enters military service while working in a 
13
position in
which eligible creditable service may be earned, 
14
and returns to State
service in the same or another such 
15
position, and fulfills in all other
respects the conditions 
16
prescribed in this Article for credit for military
service, 
17
such military service shall be credited as eligible creditable

18
service for the purposes of the retirement annuity prescribed 
19
in this Section.

20
    (f) For purposes of calculating retirement annuities under 
21
this
Section, periods of service rendered after December 31, 
22
1968 and before
October 1, 1975 as a covered employee in the 
23
position of special agent,
conservation police officer, mental 
24
health police officer, or investigator
for the Secretary of 
25
State, shall be deemed to have been service as a
noncovered 
26
employee, provided that the employee pays to the System prior 
27
to
retirement an amount equal to (1) the difference between the 
28
employee
contributions that would have been required for such 
29
service as a
noncovered employee, and the amount of employee 
30
contributions actually
paid, plus (2) if payment is made after 
31
July 31, 1987, regular interest
on the amount specified in item 
32
(1) from the date of service to the date
of payment.

33
    For purposes of calculating retirement annuities under 
34
this Section,
periods of service rendered after December 31, 
35
1968 and before January 1,
1982 as a covered employee in the 
36
position of investigator for the
Department of Revenue shall be 
 


 






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1
deemed to have been service as a noncovered
employee, provided 
2
that the employee pays to the System prior to retirement
an 
3
amount equal to (1) the difference between the employee 
4
contributions
that would have been required for such service as 
5
a noncovered employee,
and the amount of employee contributions 
6
actually paid, plus (2) if payment
is made after January 1, 
7
1990, regular interest on the amount specified in
item (1) from 
8
the date of service to the date of payment.

9
    (g) A State policeman may elect, not later than January 1, 
10
1990, to
establish eligible creditable service for up to 10 
11
years of his service as
a policeman under Article 3, by filing 
12
a written election with the Board,
accompanied by payment of an 
13
amount to be determined by the Board, equal to
(i) the 
14
difference between the amount of employee and employer

15
contributions transferred to the System under Section 3-110.5, 
16
and the
amounts that would have been contributed had such 
17
contributions been made
at the rates applicable to State 
18
policemen, plus (ii) interest thereon at
the effective rate for 
19
each year, compounded annually, from the date of
service to the 
20
date of payment.

21
    Subject to the limitation in subsection (i), a State 
22
policeman may elect,
not later than July 1, 1993, to establish 
23
eligible creditable service for
up to 10 years of his service 
24
as a member of the County Police Department
under Article 9, by 
25
filing a written election with the Board, accompanied
by 
26
payment of an amount to be determined by the Board, equal to 
27
(i) the
difference between the amount of employee and employer 
28
contributions
transferred to the System under Section 9-121.10 
29
and the amounts that would
have been contributed had those 
30
contributions been made at the rates
applicable to State 
31
policemen, plus (ii) interest thereon at the effective
rate for 
32
each year, compounded annually, from the date of service to the

33
date of payment.

34
    (h) Subject to the limitation in subsection (i), a State 
35
policeman or
investigator for the Secretary of State may elect 
36
to establish eligible
creditable service for up to 12 years of 
 


 






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1
his service as a policeman under
Article 5, by filing a written 
2
election with the Board on or before January
31, 1992, and 
3
paying to the System by January 31, 1994 an amount to be

4
determined by the Board, equal to (i) the difference between 
5
the amount of
employee and employer contributions transferred 
6
to the System under Section
5-236, and the amounts that would 
7
have been contributed had such
contributions been made at the 
8
rates applicable to State policemen, plus
(ii) interest thereon 
9
at the effective rate for each year, compounded
annually, from 
10
the date of service to the date of payment.

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

25
    (i) The total amount of eligible creditable service 
26
established by any
person under subsections (g), (h), (j), (k), 
27
and (l), and (l-5) of this
Section shall not exceed 12 years.

28
    (j) Subject to the limitation in subsection (i), an 
29
investigator for
the Office of the State's Attorneys Appellate 
30
Prosecutor or a controlled
substance inspector may elect to

31
establish eligible creditable service for up to 10 years of his 
32
service as
a policeman under Article 3 or a sheriff's law 
33
enforcement employee under
Article 7, by filing a written 
34
election with the Board, accompanied by
payment of an amount to 
35
be determined by the Board, equal to (1) the
difference between 
36
the amount of employee and employer contributions
transferred 
 


 






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1
to the System under Section 3-110.6 or 7-139.8, and the amounts

2
that would have been contributed had such contributions been 
3
made at the
rates applicable to State policemen, plus (2) 
4
interest thereon at the
effective rate for each year, 
5
compounded annually, from the date of service
to the date of 
6
payment.

7
    (k) Subject to the limitation in subsection (i) of this 
8
Section, an
alternative formula employee may elect to establish 
9
eligible creditable
service for periods spent as a full-time 
10
law enforcement officer or full-time
corrections officer 
11
employed by the federal government or by a state or local

12
government located outside of Illinois, for which credit is not 
13
held in any
other public employee pension fund or retirement 
14
system.  To obtain this
credit, the applicant must file a 
15
written application with the Board by March
31, 1998, 
16
accompanied by evidence of eligibility acceptable to the Board 
17
and
payment of an amount to be determined by the Board, equal 
18
to (1) employee
contributions for the credit being established, 
19
based upon the applicant's
salary on the first day as an 
20
alternative formula employee after the employment
for which 
21
credit is being established and the rates then applicable to

22
alternative formula employees, plus (2) an amount determined by 
23
the Board
to be the employer's normal cost of the benefits 
24
accrued for the credit being
established, plus (3) regular 
25
interest on the amounts in items (1) and (2) from
the first day 
26
as an alternative formula employee after the employment for 
27
which
credit is being established to the date of payment.

28
    (l) Subject to the limitation in subsection (i), a security 
29
employee of
the Department of Corrections may elect, not later 
30
than July 1, 1998, to
establish eligible creditable service for 
31
up to 10 years of his or her service
as a policeman under 
32
Article 3, by filing a written election with the Board,

33
accompanied by payment of an amount to be determined by the 
34
Board, equal to
(i) the difference between the amount of 
35
employee and employer contributions
transferred to the System 
36
under Section 3-110.5, and the amounts that would
have been 
 


 






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1
contributed had such contributions been made at the rates 
2
applicable
to security employees of the Department of 
3
Corrections, plus (ii) interest
thereon at the effective rate 
4
for each year, compounded annually, from the date
of service to 
5
the date of payment.

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

26
    government located outside of Illinois, for which credit is 
27
    not held in any
other public employee pension fund or 
28
    retirement system by filing a written election with the 
29
    Board, accompanied by evidence of eligibility acceptable 
30
    to the Board and
payment of an amount to be determined by 
31
    the Board, equal to (1) employee
contributions for the 
32
    credit being established, based upon the applicant's

33
    salary on the first day as an alternative formula employee 
34
    after the employment
for which credit is being established 
35
    and the rates then applicable to
alternative formula 
36
    employees, plus (2) an amount determined by the Board
to be 
 


 






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1
    the employer's normal cost of the benefits accrued for the 
2
    credit being
established, plus (3) regular interest on the 
3
    amounts in items (1) and (2) from
the first day as an 
4
    alternative formula employee after the employment for 
5
    which
credit is being established to the date of payment.

6
(Source: P.A. 94-4, eff. 6-1-05.)

 
7
    (Text of Section after amendment by P.A. 94-696)

8
    Sec. 14-110. Alternative retirement annuity. 

9
    (a) Any member who has withdrawn from service with not less 
10
than 20
years of eligible creditable service and has attained 
11
age 55, and any
member who has withdrawn from service with not 
12
less than 25 years of
eligible creditable service and has 
13
attained age 50, regardless of whether
the attainment of either 
14
of the specified ages occurs while the member is
still in 
15
service, shall be entitled to receive at the option of the 
16
member,
in lieu of the regular or minimum retirement annuity, a 
17
retirement  annuity
computed as follows:


18
        (i) for periods of service as a noncovered employee:
if 
19
    retirement occurs on or after January 1, 2001, 3% of final

20
    average compensation for each year of creditable service; 
21
    if retirement occurs
before January 1, 2001, 2 1/4% of 
22
    final average compensation for each of the
first 10 years 
23
    of creditable service, 2 1/2% for each year above 10 years 
24
    to
and including 20 years of creditable service, and 2 3/4% 
25
    for each year of
creditable service above 20 years; and


26
        (ii) for periods of eligible creditable service as a 
27
    covered employee:
if retirement occurs on or after January 
28
    1, 2001, 2.5% of final average
compensation for each year 
29
    of creditable service; if retirement occurs before
January 
30
    1, 2001, 1.67% of final average compensation for each of 
31
    the first
10 years of such service, 1.90% for each of the 
32
    next 10 years of such service,
2.10% for each year of such 
33
    service in excess of 20 but not exceeding 30, and
2.30% for 
34
    each year in excess of 30.

35
    Such annuity shall be subject to a maximum of 75% of final 
 


 






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1
average
compensation if retirement occurs before January 1, 
2
2001 or to a maximum
of 80% of final average compensation if 
3
retirement occurs on or after January
1, 2001.

4
    These rates shall not be applicable to any service 
5
performed
by a member as a covered employee which is not 
6
eligible creditable service.
 Service as a covered employee 
7
which is not eligible creditable service
shall be subject to 
8
the rates and provisions of Section 14-108.

9
    (b) For the purpose of this Section, "eligible creditable 
10
service" means
creditable service resulting from service in one 
11
or more of the following
positions:


12
        (1) State policeman;


13
        (2) fire fighter in the fire protection service of a 
14
    department;


15
        (3) air pilot;


16
        (4) special agent;


17
        (5) investigator for the Secretary of State;


18
        (6) conservation police officer;


19
        (7) investigator for the Department of Revenue;


20
        (8) security employee of the Department of Human 
21
    Services;


22
        (9) Central Management Services security police 
23
    officer;


24
        (10) security employee of the Department of 
25
    Corrections or the Department of Juvenile Justice;


26
        (11) dangerous drugs investigator;


27
        (12) investigator for the Department of State Police;


28
        (13) investigator for the Office of the Attorney 
29
    General;


30
        (14) controlled substance inspector;


31
        (15) investigator for the Office of the State's 
32
    Attorneys Appellate
Prosecutor;


33
        (16) Commerce Commission police officer;


34
        (17) arson investigator;


35
        (18) State highway maintenance worker.

36
    A person employed in one of the positions specified in this 
 


 






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1
subsection is
entitled to eligible creditable service for 
2
service credit earned under this
Article while undergoing the 
3
basic police training course approved by the
Illinois Law 
4
Enforcement Training
Standards Board, if
completion of that 
5
training is required of persons serving in that position.
For 
6
the purposes of this Code, service during the required basic 
7
police
training course shall be deemed performance of the 
8
duties of the specified
position, even though the person is not 
9
a sworn peace officer at the time of
the training.

10
    (c) For the purposes of this Section:


11
        (1) The term "state policeman" includes any title or 
12
    position
in the Department of State Police that is held by 
13
    an individual employed
under the State Police Act.


14
        (2) The term "fire fighter in the fire protection 
15
    service of a
department" includes all officers in such fire 
16
    protection service
including fire chiefs and assistant 
17
    fire chiefs.


18
        (3) The term "air pilot" includes any employee whose 
19
    official job
description on file in the Department of 
20
    Central Management Services, or
in the department by which 
21
    he is employed if that department is not covered
by the 
22
    Personnel Code, states that his principal duty is the 
23
    operation of
aircraft, and who possesses a pilot's license; 
24
    however, the change in this
definition made by this 
25
    amendatory Act of 1983 shall not operate to exclude
any 
26
    noncovered employee who was an "air pilot" for the purposes 
27
    of this
Section on January 1, 1984.


28
        (4) The term "special agent" means any person who by 
29
    reason of
employment by the Division of Narcotic Control, 
30
    the Bureau of Investigation
or, after July 1, 1977, the 
31
    Division of Criminal Investigation, the
Division of 
32
    Internal Investigation, the Division of Operations, or any

33
    other Division or organizational
entity in the Department 
34
    of State Police is vested by law with duties to
maintain 
35
    public order, investigate violations of the criminal law of 
36
    this
State, enforce the laws of this State, make arrests 
 


 






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1
    and recover property.
The term "special agent" includes any 
2
    title or position in the Department
of State Police that is 
3
    held by an individual employed under the State
Police Act.


4
        (5) The term "investigator for the Secretary of State" 
5
    means any person
employed by the Office of the Secretary of 
6
    State and vested with such
investigative duties as render 
7
    him ineligible for coverage under the Social
Security Act 
8
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
9
    218(l)(1)
of that Act.


10
        A person who became employed as an investigator for the 
11
    Secretary of
State between January 1, 1967 and December 31, 
12
    1975, and who has served as
such until attainment of age 
13
    60, either continuously or with a single break
in service 
14
    of not more than 3 years duration, which break terminated 
15
    before
January 1, 1976, shall be entitled to have his 
16
    retirement annuity
calculated  in accordance with 
17
    subsection (a), notwithstanding
that he has less than 20 
18
    years of credit for such service.


19
        (6) The term "Conservation Police Officer" means any 
20
    person employed
by the Division of Law Enforcement of the 
21
    Department of Natural Resources and
vested with such law 
22
    enforcement duties as render him ineligible for coverage

23
    under the Social Security Act by reason of Sections 
24
    218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act.  The 
25
    term "Conservation Police Officer" includes
the positions 
26
    of Chief Conservation Police Administrator and Assistant

27
    Conservation Police Administrator.


28
        (7) The term "investigator for the Department of 
29
    Revenue" means any
person employed by the Department of 
30
    Revenue and vested with such
investigative duties as render 
31
    him ineligible for coverage under the Social
Security Act 
32
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
33
    218(l)(1)
of that Act.


34
        (8) The term "security employee of the Department of 
35
    Human Services"
means any person employed by the Department 
36
    of Human Services who (i) is
employed at the Chester Mental 
 


 






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1
    Health Center and has daily contact with the
residents 
2
    thereof, (ii) is employed within a security unit at a 
3
    facility
operated by the Department and has daily contact 
4
    with the residents of the
security unit, (iii) is employed 
5
    at a facility operated by the Department
that includes a 
6
    security unit and is regularly scheduled to work at least

7
    50% of his or her working hours within that security unit, 
8
    or (iv) is a mental health police officer.
"Mental health 
9
    police officer" means any person employed by the Department 
10
    of
Human Services in a position pertaining to the 
11
    Department's mental health and
developmental disabilities 
12
    functions who is vested with such law enforcement
duties as 
13
    render the person 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.  "Security unit" 
16
    means that portion of a facility that is devoted to
the 
17
    care, containment, and treatment of persons committed to 
18
    the Department of
Human Services as sexually violent 
19
    persons, persons unfit to stand trial, or
persons not 
20
    guilty by reason of insanity.  With respect to past 
21
    employment,
references to the Department of Human Services 
22
    include its predecessor, the
Department of Mental Health 
23
    and Developmental Disabilities.


24
        The changes made to this subdivision (c)(8) by Public 
25
    Act 92-14 apply to persons who retire on or after January 
26
    1,
2001, notwithstanding Section 1-103.1.


27
        (9) "Central Management Services security police 
28
    officer" means any
person employed by the Department of 
29
    Central Management Services who is
vested with such law 
30
    enforcement duties as render him ineligible for
coverage 
31
    under the Social Security Act by reason of Sections 
32
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.


33
        (10) For a member who first became an employee under 
34
    this Article before July 1, 2005, the term "security 
35
    employee of the Department of Corrections or the Department 
36
    of Juvenile Justice"
means any employee of the Department 
 


 






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1
    of Corrections or the Department of Juvenile Justice or the 
2
    former
Department of Personnel, and any member or employee 
3
    of the Prisoner
Review Board, who has daily contact with 
4
    inmates or youth by working within a
correctional facility 
5
    or Juvenile facility operated by the Department of Juvenile 
6
    Justice or who is a parole officer or an employee who has

7
    direct contact with committed persons in the performance of 
8
    his or her
job duties. For a member who first becomes an 
9
    employee under this Article on or after July 1, 2005, the  
10
    term means  an employee of the Department of Corrections or 
11
    the Department of Juvenile Justice who is any of the 
12
    following: (i) officially headquartered at a correctional 
13
    facility or Juvenile facility operated by the Department of 
14
    Juvenile Justice, (ii) a parole officer, (iii) a member of 
15
    the apprehension unit, (iv) a member of the intelligence 
16
    unit, (v) a member of the sort team, or (vi) an 
17
    investigator.


18
        (11) The term "dangerous drugs investigator" means any 
19
    person who is
employed as such by the Department of Human 
20
    Services.


21
        (12) The term "investigator for the Department of State 
22
    Police" means
a person employed by the Department of State 
23
    Police who is vested under
Section 4 of the Narcotic 
24
    Control Division Abolition Act with such
law enforcement 
25
    powers as render him ineligible for coverage under the

26
    Social Security Act by reason of Sections 218(d)(5)(A), 
27
    218(d)(8)(D) and
218(l)(1) of that Act.


28
        (13) "Investigator for the Office of the Attorney 
29
    General" means any
person who is employed as such by the 
30
    Office of the Attorney General and
is vested with such 
31
    investigative duties as render him ineligible for
coverage 
32
    under the Social Security Act by reason of Sections 
33
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.  For 
34
    the period before January 1,
1989, the term includes all 
35
    persons who were employed as investigators by the
Office of 
36
    the Attorney General, without regard to social security 
 


 






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1
    status.


2
        (14) "Controlled substance inspector" means any person 
3
    who is employed
as such by the Department of Professional 
4
    Regulation and is vested with such
law enforcement duties 
5
    as render him ineligible for coverage under the Social

6
    Security Act by reason of Sections 218(d)(5)(A), 
7
    218(d)(8)(D) and 218(l)(1) of
that Act.  The term 
8
    "controlled substance inspector" includes the Program

9
    Executive of Enforcement and the Assistant Program 
10
    Executive of Enforcement.


11
        (15) The term "investigator for the Office of the 
12
    State's Attorneys
Appellate Prosecutor" means a person 
13
    employed in that capacity on a full
time basis under the 
14
    authority of Section 7.06 of the State's Attorneys

15
    Appellate Prosecutor's Act.


16
        (16) "Commerce Commission police officer" means any 
17
    person employed
by the Illinois Commerce Commission who is 
18
    vested with such law
enforcement duties as render him 
19
    ineligible for coverage under the Social
Security Act by 
20
    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

21
    218(l)(1) of that Act.


22
        (17) "Arson investigator" means any person who is 
23
    employed as such by
the Office of the State Fire Marshal 
24
    and is vested with such law enforcement
duties as render 
25
    the person ineligible for coverage under the Social 
26
    Security
Act by reason of Sections 218(d)(5)(A), 
27
    218(d)(8)(D), and 218(l)(1) of that
Act.  A person who was 
28
    employed as an arson
investigator on January 1, 1995 and is 
29
    no longer in service but not yet
receiving a retirement 
30
    annuity may convert his or her creditable service for

31
    employment as an arson investigator into eligible 
32
    creditable service by paying
to the System the difference 
33
    between the employee contributions actually paid
for that 
34
    service and the amounts that would have been contributed if 
35
    the
applicant were contributing at the rate applicable to 
36
    persons with the same
social security status earning 
 


 






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1
    eligible creditable service on the date of
application.


2
        (18) The term "State highway maintenance worker" means 
3
    a person who is
either of the following:


4
            (i) A person employed on a full-time basis by the 
5
        Illinois
Department of Transportation in the position 
6
        of
highway maintainer,
highway maintenance lead 
7
        worker,
highway maintenance lead/lead worker,
heavy 
8
        construction equipment operator,
power shovel 
9
        operator, or
bridge mechanic; and
whose principal 
10
        responsibility is to perform, on the roadway, the 
11
        actual
maintenance necessary to keep the highways that 
12
        form a part of the State
highway system in serviceable 
13
        condition for vehicular traffic.


14
            (ii) A person employed on a full-time basis by the 
15
        Illinois
State Toll Highway Authority in the position 
16
        of
equipment operator/laborer H-4,
equipment  
17
        operator/laborer  H-6,
welder  H-4,
welder  H-6,

18
        mechanical/electrical H-4,
mechanical/electrical H-6,

19
        water/sewer H-4,
water/sewer H-6,
sign maker/hanger 
20
        H-4,
sign maker/hanger H-6,
roadway lighting H-4,

21
        roadway lighting H-6,
structural H-4,
structural H-6,

22
        painter H-4, or
painter H-6; and
whose principal 
23
        responsibility is to perform, on the roadway, the 
24
        actual
maintenance necessary to keep the Authority's 
25
        tollways in serviceable condition
for vehicular 
26
        traffic.

27
    (d) A security employee of the Department of Corrections or 
28
the Department of Juvenile Justice, and a security
employee of 
29
the Department of Human Services who is not a mental health 
30
police
officer, shall not be eligible for the alternative 
31
retirement annuity provided
by this Section unless he or she 
32
meets the following minimum age and service
requirements at the 
33
time of retirement:


34
        (i) 25 years of eligible creditable service and age 55; 
35
    or


36
        (ii) beginning January 1, 1987, 25 years of eligible 
 


 






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1
    creditable service
and age 54, or 24 years of eligible 
2
    creditable service and age 55; or


3
        (iii) beginning January 1, 1988, 25 years of eligible 
4
    creditable service
and age 53, or 23 years of eligible 
5
    creditable service and age 55; or


6
        (iv) beginning January 1, 1989, 25 years of eligible 
7
    creditable service
and age 52, or 22 years of eligible 
8
    creditable service and age 55; or


9
        (v) beginning January 1, 1990, 25 years of eligible 
10
    creditable service
and age 51, or 21 years of eligible 
11
    creditable service and age 55; or


12
        (vi) beginning January 1, 1991, 25 years of eligible 
13
    creditable service
and age 50, or 20 years of eligible 
14
    creditable service and age 55.

15
    Persons who have service credit under Article 16 of this 
16
Code for service
as a security employee of the Department of 
17
Corrections or the Department of Juvenile Justice, or the 
18
Department
of Human Services in a position requiring 
19
certification as a teacher may
count such service toward 
20
establishing their eligibility under the service
requirements 
21
of this Section; but such service may be used only for

22
establishing such eligibility, and not for the purpose of 
23
increasing or
calculating any benefit.

24
    (e) If a member enters military service while working in a 
25
position in
which eligible creditable service may be earned, 
26
and returns to State
service in the same or another such 
27
position, and fulfills in all other
respects the conditions 
28
prescribed in this Article for credit for military
service, 
29
such military service shall be credited as eligible creditable

30
service for the purposes of the retirement annuity prescribed 
31
in this Section.

32
    (f) For purposes of calculating retirement annuities under 
33
this
Section, periods of service rendered after December 31, 
34
1968 and before
October 1, 1975 as a covered employee in the 
35
position of special agent,
conservation police officer, mental 
36
health police officer, or investigator
for the Secretary of 
 


 






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1
State, shall be deemed to have been service as a
noncovered 
2
employee, provided that the employee pays to the System prior 
3
to
retirement an amount equal to (1) the difference between the 
4
employee
contributions that would have been required for such 
5
service as a
noncovered employee, and the amount of employee 
6
contributions actually
paid, plus (2) if payment is made after 
7
July 31, 1987, regular interest
on the amount specified in item 
8
(1) from the date of service to the date
of payment.

9
    For purposes of calculating retirement annuities under 
10
this Section,
periods of service rendered after December 31, 
11
1968 and before January 1,
1982 as a covered employee in the 
12
position of investigator for the
Department of Revenue shall be 
13
deemed to have been service as a noncovered
employee, provided 
14
that the employee pays to the System prior to retirement
an 
15
amount equal to (1) the difference between the employee 
16
contributions
that would have been required for such service as 
17
a noncovered employee,
and the amount of employee contributions 
18
actually paid, plus (2) if payment
is made after January 1, 
19
1990, regular interest on the amount specified in
item (1) from 
20
the date of service to the date of payment.

21
    (g) A State policeman may elect, not later than January 1, 
22
1990, to
establish eligible creditable service for up to 10 
23
years of his service as
a policeman under Article 3, by filing 
24
a written election with the Board,
accompanied by payment of an 
25
amount to be determined by the Board, equal to
(i) the 
26
difference between the amount of employee and employer

27
contributions transferred to the System under Section 3-110.5, 
28
and the
amounts that would have been contributed had such 
29
contributions been made
at the rates applicable to State 
30
policemen, plus (ii) interest thereon at
the effective rate for 
31
each year, compounded annually, from the date of
service to the 
32
date of payment.

33
    Subject to the limitation in subsection (i), a State 
34
policeman may elect,
not later than July 1, 1993, to establish 
35
eligible creditable service for
up to 10 years of his service 
36
as a member of the County Police Department
under Article 9, by 
 


 






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1
filing a written election with the Board, accompanied
by 
2
payment of an amount to be determined by the Board, equal to 
3
(i) the
difference between the amount of employee and employer 
4
contributions
transferred to the System under Section 9-121.10 
5
and the amounts that would
have been contributed had those 
6
contributions been made at the rates
applicable to State 
7
policemen, plus (ii) interest thereon at the effective
rate for 
8
each year, compounded annually, from the date of service to the

9
date of payment.

10
    (h) Subject to the limitation in subsection (i), a State 
11
policeman or
investigator for the Secretary of State may elect 
12
to establish eligible
creditable service for up to 12 years of 
13
his service as a policeman under
Article 5, by filing a written 
14
election with the Board on or before January
31, 1992, and 
15
paying to the System by January 31, 1994 an amount to be

16
determined by the Board, equal to (i) the difference between 
17
the amount of
employee and employer contributions transferred 
18
to the System under Section
5-236, and the amounts that would 
19
have been contributed had such
contributions been made at the 
20
rates applicable to State policemen, plus
(ii) interest thereon 
21
at the effective rate for each year, compounded
annually, from 
22
the date of service to the date of payment.

23
    Subject to the limitation in subsection (i), a State 
24
policeman,
conservation police officer, or investigator for 
25
the Secretary of State may
elect to establish eligible 
26
creditable service for up to 10 years of
service as a sheriff's 
27
law enforcement employee under Article 7, by filing
a written 
28
election with the Board on or before January 31, 1993, and 
29
paying
to the System by January 31, 1994 an amount to be 
30
determined by the Board,
equal to (i) the difference between 
31
the amount of employee and
employer contributions transferred 
32
to the System under Section
7-139.7, and the amounts that would 
33
have been contributed had such
contributions been made at the 
34
rates applicable to State policemen, plus
(ii) interest thereon 
35
at the effective rate for each year, compounded
annually, from 
36
the date of service to the date of payment.

 


 






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1
    (i) The total amount of eligible creditable service 
2
established by any
person under subsections (g), (h), (j), (k), 
3
and (l), and (l-5) of this
Section shall not exceed 12 years.

4
    (j) Subject to the limitation in subsection (i), an 
5
investigator for
the Office of the State's Attorneys Appellate 
6
Prosecutor or a controlled
substance inspector may elect to

7
establish eligible creditable service for up to 10 years of his 
8
service as
a policeman under Article 3 or a sheriff's law 
9
enforcement employee under
Article 7, by filing a written 
10
election with the Board, accompanied by
payment of an amount to 
11
be determined by the Board, equal to (1) the
difference between 
12
the amount of employee and employer contributions
transferred 
13
to the System under Section 3-110.6 or 7-139.8, and the amounts

14
that would have been contributed had such contributions been 
15
made at the
rates applicable to State policemen, plus (2) 
16
interest thereon at the
effective rate for each year, 
17
compounded annually, from the date of service
to the date of 
18
payment.

19
    (k) Subject to the limitation in subsection (i) of this 
20
Section, an
alternative formula employee may elect to establish 
21
eligible creditable
service for periods spent as a full-time 
22
law enforcement officer or full-time
corrections officer 
23
employed by the federal government or by a state or local

24
government located outside of Illinois, for which credit is not 
25
held in any
other public employee pension fund or retirement 
26
system.  To obtain this
credit, the applicant must file a 
27
written application with the Board by March
31, 1998, 
28
accompanied by evidence of eligibility acceptable to the Board 
29
and
payment of an amount to be determined by the Board, equal 
30
to (1) employee
contributions for the credit being established, 
31
based upon the applicant's
salary on the first day as an 
32
alternative formula employee after the employment
for which 
33
credit is being established and the rates then applicable to

34
alternative formula employees, plus (2) an amount determined by 
35
the Board
to be the employer's normal cost of the benefits 
36
accrued for the credit being
established, plus (3) regular 
 


 






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1
interest on the amounts in items (1) and (2) from
the first day 
2
as an alternative formula employee after the employment for 
3
which
credit is being established to the date of payment.

4
    (l) Subject to the limitation in subsection (i), a security 
5
employee of
the Department of Corrections may elect, not later 
6
than July 1, 1998, to
establish eligible creditable service for 
7
up to 10 years of his or her service
as a policeman under 
8
Article 3, by filing a written election with the Board,

9
accompanied by payment of an amount to be determined by the 
10
Board, equal to
(i) the difference between the amount of 
11
employee and employer contributions
transferred to the System 
12
under Section 3-110.5, and the amounts that would
have been 
13
contributed had such contributions been made at the rates 
14
applicable
to security employees of the Department of 
15
Corrections, plus (ii) interest
thereon at the effective rate 
16
for each year, compounded annually, from the date
of service to 
17
the date of payment.

18
    (l-5) Subject to the limitation in subsection (i), an 
19
alternative formula employee may
elect to establish eligible 
20
creditable service for up to 5 years of
service as follows:
21
        (1) For service as a police officer under Article 3, a 
22
    policeman under Article 5, a sheriff's law enforcement 
23
    employee under Article 7, a member of the county police 
24
    department under Article 9, or a police officer under 
25
    Article 15, by filing
a written election with the Board and 
26
    paying
to the System an amount to be determined by the 
27
    Board,
equal to (i) the difference between the amount of 
28
    employee and
employer contributions transferred to the 
29
    System under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 
30
    15-134.4 and the amounts that would have been contributed 
31
    had such
contributions been made at the rates applicable to 
32
    State policemen, plus
(ii) interest thereon at the 
33
    effective rate for each year, compounded
annually, from the 
34
    date of service to the date of payment.
35
        (2) For service for periods spent as a full-time law 
36
    enforcement officer or full-time
corrections officer 
 


 






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1
    employed by the federal government or by a state or local

2
    government located outside of Illinois, for which credit is 
3
    not held in any
other public employee pension fund or 
4
    retirement system by filing a written election with the 
5
    Board, accompanied by evidence of eligibility acceptable 
6
    to the Board and
payment of an amount to be determined by 
7
    the Board, equal to (1) employee
contributions for the 
8
    credit being established, based upon the applicant's

9
    salary on the first day as an alternative formula employee 
10
    after the employment
for which credit is being established 
11
    and the rates then applicable to
alternative formula 
12
    employees, plus (2) an amount determined by the Board
to be 
13
    the employer's normal cost of the benefits accrued for the 
14
    credit being
established, plus (3) regular interest on the 
15
    amounts in items (1) and (2) from
the first day as an 
16
    alternative formula employee after the employment for 
17
    which
credit is being established to the date of payment.

18
    (m) The amendatory changes to this Section made by this 
19
amendatory Act of the 94th General Assembly apply only to: (1) 
20
security employees of the Department of Juvenile Justice 
21
employed by the Department of Corrections before the effective 
22
date of this amendatory Act of the 94th General Assembly and 
23
transferred to the Department of Juvenile Justice by this 
24
amendatory Act of the 94th General Assembly; and (2) persons 
25
employed by the Department of Juvenile Justice on or after the 
26
effective date of this amendatory Act of the 94th General 
27
Assembly who are required by subsection (b) of Section 3-2.5-15 
28
of the Unified Code of Corrections to have a bachelor's or 
29
advanced degree from an accredited college or university with a 
30
specialization in criminal justice, education, psychology, 
31
social work, or a closely related social science or, in the 
32
case of persons who provide vocational training, who are 
33
required to have adequate knowledge in the skill for which they 
34
are providing the vocational training.

35
(Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06.)

 
 


 






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1
    (40 ILCS 5/14-152.2 new)

2
    Sec. 14-152.2. New benefit increases. The General Assembly 
3
finds and declares that the amendment to Section 14-110 of this 
4
Article made by this amendatory Act of the 94th General 
5
Assembly concerning the establishment of eligible creditable 
6
service under the alternative formula provisions for specified 
7
police service constitutes a new benefit increase within the 
8
meaning of Section 14-152.1.  This new benefit increase expires 
9
5 years after the effective date of this amendatory Act.  No 
10
additional funding under Section 14-152.1 for this new benefit 
11
increase is required  because the cost for the new benefit 
12
increase is paid by the member as provided in this amendatory 
13
Act.

 



14
    (40 ILCS 5/15-134.4)  (from Ch. 108 1/2, par. 15-134.4)



15
    Sec. 15-134.4. Transfer of creditable service to the

16
Article 5 Pension Fund or Article 14 System.

17
    (a) An active member of the Pension Fund established under 
18
Article 5 of this
Code may apply, not later than January 1, 
19
1990, to transfer his or her
credits and creditable service

20
accumulated under this System for service with the City 
21
Colleges of Chicago
teaching  in the Criminal Justice Program, 
22
to the Article 5 Fund. Such
credits and creditable service 
23
shall be transferred forthwith.
24
    Payment by this
System to the Article 5 Fund shall be made 
25
at the same time and shall
consist of:
26
        (1) the amounts credited to the applicant for such 
27
    service
through employee contributions, including 
28
    interest, as of the date of
transfer; and
29
        (2) employer contributions equal in amount to the 
30
    accumulated
employee contributions as determined in item 
31
    (1).

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

34
    (b) Any active member of the State Employees' Retirement 
35
System who is an alternative formula employee may apply for 
 


 






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1
transfer of
 some or all of his or her creditable service 
2
accumulated
in this System for service as a police officer to 
3
the State Employees'
Retirement System in accordance with 
4
Section 14-110.  The creditable service shall be transferred 
5
only upon payment
by this System to the State Employees' 
6
Retirement System of an amount equal to:


7
        (1) the amounts accumulated to the credit of the 
8
    applicant for the service to be transferred, including 
9
    interest, as of the date of transfer; and


10
        (2)  employer contributions equal in amount to the 
11
    accumulated
employee contributions as determined in item 
12
    (1); and


13
        (3) any interest paid by the applicant to reinstate 
14
    such service.

15
Participation in this System as to any credits transferred 
16
under this
Section shall terminate on the date of transfer.

17
    (c) Any person applying to transfer service under 
18
subsection (b) may reinstate credits and
creditable service 
19
terminated upon receipt of a refund by paying
to the System the 
20
amount of the refund plus interest thereon at the
rate of 6% 
21
per year from the date of the refund to the date of payment.
22
(Source: P.A. 86-273; 86-1028.)

 
23
    Section 90. The State Mandates Act is amended by adding 
24
Section 8.30 as
follows:


 
25
    (30 ILCS 805/8.30 new)

26
    Sec. 8.30. Exempt mandate. Notwithstanding Sections 6 and 8 
27
of this
Act, no reimbursement by the State is required for the 
28
implementation of
any mandate created by this amendatory Act of 
29
the 94th General Assembly.

 
30
    Section 95. No acceleration or delay. Where this Act makes 
31
changes in a
statute that is represented in this Act by text 
32
that is not yet or no longer in
effect (for example, a Section 
33
represented by multiple versions), the use of
that text does 
 


 






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1
not accelerate or delay the taking effect of (i) the changes

2
made by this Act or (ii) provisions derived from any other 
3
Public Act.

 

4
    Section 99. Effective date. This Act takes effect upon 
5
becoming law.