103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1692

 

Introduced 2/8/2023, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-110.10
40 ILCS 5/7-139.14
40 ILCS 5/14-110  from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-152.1
30 ILCS 805/8.47 new

    Amends the Illinois Pension Code. In provisions authorizing certain persons to transfer service credit from IMRF to a downstate police pension fund, makes technical and combining changes to conform the changes made by Public Act 102-857 and Public Act 102-1061. Removes a restrictive date on the transfer of that service credit. Authorizes investigators for the Secretary of State and conservation police officers to transfer that service credit. In the State Employee Article, provides that beginning on the effective date of the amendatory Act through the end of the 60th month after the effective date of the amendatory Act, a State policeman who earns a retirement annuity equal to the limitation specified under the alternative retirement annuity provisions may elect to begin his or her retirement annuity effective on the month he or she first earned that retirement annuity at the amount so limited or the effective date of the amendatory Act, whichever is later. Provides that a State policeman who makes such an election must first pay to the System an amount equal to the increase in the present value of the future benefits resulting from the State policeman's election to retire in accordance with the provisions. Provides that a State policeman or conservation police officer may elect to convert service credit earned under the Article or, for certain types of service, elect to establish eligible creditable service under the alternative retirement annuity provisions by filing a written election with the board and paying to the System a specified amount. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB103 27282 RPS 53653 b

 

 

A BILL FOR

 

SB1692LRB103 27282 RPS 53653 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 3-110.10, 14-110, 7-139.14, and 14-152.1 as
6follows:
 
7    (40 ILCS 5/3-110.10)
8    (Text of Section from P.A. 102-857)
9    Sec. 3-110.10. Transfer from Article 7. Until January 1,
102009, a person may transfer to a fund established under this
11Article up to 8 years of creditable service accumulated under
12Article 7 of this Code upon payment to the fund of an amount to
13be determined by the board, equal to (i) the difference
14between the amount of employee and employer contributions
15transferred to the fund under Section 7-139.11 and the amounts
16that would have been contributed had such contributions been
17made at the rates applicable to an employee under this
18Article, plus (ii) interest thereon at the actuarially assumed
19rate, compounded annually, from the date of service to the
20date of payment.
21    A No later than 6 months after July 23, 2021 (the effective
22date of Public Act 102-113), a person may transfer to a fund
23established under this Article creditable service accumulated

 

 

SB1692- 2 -LRB103 27282 RPS 53653 b

1under Article 7 of this Code for service as a sheriff's law
2enforcement employee, county correctional officer, person
3employed by a participating municipality to perform police
4duties, or law enforcement officer employed on a full-time
5basis by a forest preserve district, person employed by a
6participating municipality or instrumentality to perform
7administrative duties related to law enforcement, investigator
8for the Secretary of State, or conservation police officer
9upon payment to the fund of an amount to be determined by the
10board, equal to (i) the difference between the amount of
11employee and employer contributions transferred to the fund
12under Section 7-139.14 and the amounts that would have been
13contributed had such contributions been made at the rates
14applicable to an employee under this Article, plus (ii)
15interest thereon at the actuarially assumed rate, compounded
16annually, from the date of service to the date of payment.
17    No later than 6 months after the effective date of this
18amendatory Act of the 102nd General Assembly, a person may
19transfer to a fund established under this Article creditable
20service accumulated under Article 7 of this Code for service
21as a county correctional officer or as a person employed by a
22participating municipality to perform administrative duties
23related to law enforcement upon payment to the fund of an
24amount to be determined by the board, equal to (i) the
25difference between the amount of employee and employer
26contributions transferred to the fund under Section 7-139.14

 

 

SB1692- 3 -LRB103 27282 RPS 53653 b

1and the amounts that would have been contributed had such
2contributions been made at the rates applicable to an employee
3under this Article, plus (ii) interest thereon at the
4actuarially assumed rate, compounded annually, from the date
5of service to the date of payment.
6(Source: P.A. 102-113, eff. 7-23-21; 102-857, eff. 5-13-22.)
 
7    (Text of Section from P.A. 102-1061)
8    Sec. 3-110.10. Transfer from Article 7. Until January 1,
92009, a person may transfer to a fund established under this
10Article up to 8 years of creditable service accumulated under
11Article 7 of this Code upon payment to the fund of an amount to
12be determined by the board, equal to (i) the difference
13between the amount of employee and employer contributions
14transferred to the fund under Section 7-139.11 and the amounts
15that would have been contributed had such contributions been
16made at the rates applicable to an employee under this
17Article, plus (ii) interest thereon at the actuarially assumed
18rate, compounded annually, from the date of service to the
19date of payment.
20    A No later than September 30, 2023, a person may transfer
21to a fund established under this Article creditable service
22accumulated under Article 7 of this Code for service as a
23sheriff's law enforcement employee, county correctional
24officer, person employed by a participating municipality to
25perform police duties, law enforcement officer employed on a

 

 

SB1692- 4 -LRB103 27282 RPS 53653 b

1full-time basis by a forest preserve district, or person
2employed by a participating municipality or instrumentality to
3perform administrative duties related to law enforcement,
4investigator for the Secretary of State, or conservation
5police officer upon payment to the fund of an amount to be
6determined by the board, equal to (i) the difference between
7the amount of employee and employer contributions transferred
8to the fund under Section 7-139.14 and the amounts that would
9have been contributed had such contributions been made at the
10rates applicable to an employee under this Article, plus (ii)
11interest thereon at the actuarially assumed rate, compounded
12annually, from the date of service to the date of payment.
13(Source: P.A. 102-113, eff. 7-23-21; 102-1061, eff. 1-1-23.)
 
14    (40 ILCS 5/7-139.14)
15    (Text of Section from P.A. 102-857)
16    Sec. 7-139.14. Transfer to Article 3 pension fund.
17    (a) An Within 6 months after July 23, 2021 (the effective
18date of Public Act 102-113), an active member of a pension fund
19established under Article 3 of this Code may apply for
20transfer to that Article 3 pension fund of his or her credits
21and creditable service accumulated in this Fund for service as
22a sheriff's law enforcement employee, county correctional
23officer, person employed by a participating municipality to
24perform police duties, or law enforcement officer employed on
25a full-time basis by a forest preserve district, person

 

 

SB1692- 5 -LRB103 27282 RPS 53653 b

1employed by a participating municipality or instrumentality to
2perform administrative duties related to law enforcement,
3investigator for the Secretary of State, or conservation
4police officer. The creditable service shall be transferred
5only upon payment by this Fund to such Article 3 pension fund
6of 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; and
10        (2) an amount representing employer contributions,
11    equal to the total amount determined under item (1); and
12        (3) any interest paid by the applicant to reinstate
13    such service.
14    Within 6 months after the effective date of this
15amendatory Act of the 102nd General Assembly, an active member
16of a pension fund established under Article 3 of this Code may
17apply for transfer to that Article 3 pension fund of his or her
18credits and creditable service accumulated in this Fund for
19service as a county correctional officer or as a person
20employed by a participating municipality to perform
21administrative duties related to law enforcement. The
22creditable service shall be transferred only upon payment by
23this Fund to such Article 3 pension fund of an amount equal to:
24        (1) the amounts accumulated to the credit of the
25    applicant for the service to be transferred, including
26    interest; and

 

 

SB1692- 6 -LRB103 27282 RPS 53653 b

1        (2) an amount representing employer contributions,
2    equal to the total amount determined under item (1); and
3        (3) any interest paid by the applicant to reinstate
4    such service.
5    Participation in this Fund as to any credits transferred
6under this Section shall terminate on the date of transfer.
7    (b) Notwithstanding any other provision of this Code, any
8person applying to transfer service under this Section may
9reinstate credits and creditable service terminated upon
10receipt of a separation benefit by paying to the Fund the
11amount of the separation benefit plus interest thereon at the
12actuarially assumed rate of interest to the date of payment.
13Such payment must be made within 90 days after notification by
14the Fund of the cost of such reinstatement.
15(Source: P.A. 102-113, eff. 7-23-21; 102-857, eff. 5-13-22.)
 
16    (Text of Section from P.A. 102-1061)
17    Sec. 7-139.14. Transfer to Article 3 pension fund.
18    (a) An No later than June 30, 2023, an active member of a
19pension fund established under Article 3 of this Code may
20apply for transfer to that Article 3 pension fund of his or her
21credits and creditable service accumulated in this Fund for
22service as a sheriff's law enforcement employee, county
23correctional officer, person employed by a participating
24municipality to perform police duties, law enforcement officer
25employed on a full-time basis by a forest preserve district,

 

 

SB1692- 7 -LRB103 27282 RPS 53653 b

1or person employed by a participating municipality or
2instrumentality to perform administrative duties related to
3law enforcement, investigator for the Secretary of State, or
4conservation police officer. The creditable service shall be
5transferred only upon payment by this Fund to such Article 3
6pension fund 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; and
10        (2) an amount representing employer contributions,
11    equal to the total amount determined under item (1); and
12        (3) any interest paid by the applicant to reinstate
13    such service.
14    Participation in this Fund as to any credits transferred
15under this Section shall terminate on the date of transfer.
16    (b) Notwithstanding any other provision of this Code, any
17person applying to transfer service under this Section may
18reinstate credits and creditable service terminated upon
19receipt of a separation benefit by paying to the Fund the
20amount of the separation benefit plus interest thereon at the
21actuarially assumed rate of interest to the date of payment.
22Such payment must be made within 90 60 days after notification
23by the Fund of the cost of such reinstatement.
24(Source: P.A. 102-113, eff. 7-23-21; 102-1061, eff. 1-1-23.)
 
25    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)

 

 

SB1692- 8 -LRB103 27282 RPS 53653 b

1    (Text of Section from P.A. 102-813)
2    Sec. 14-110. Alternative retirement annuity.
3    (a) Any member who has withdrawn from service with not
4less than 20 years of eligible creditable service and has
5attained age 55, and any member who has withdrawn from service
6with not less than 25 years of eligible creditable service and
7has attained age 50, regardless of whether the attainment of
8either of the specified ages occurs while the member is still
9in service, shall be entitled to receive at the option of the
10member, in lieu of the regular or minimum retirement annuity,
11a retirement annuity computed as follows:
12        (i) for periods of service as a noncovered employee:
13    if retirement occurs on or after January 1, 2001, 3% of
14    final average compensation for each year of creditable
15    service; if retirement occurs before January 1, 2001, 2
16    1/4% of final average compensation for each of the first
17    10 years of creditable service, 2 1/2% for each year above
18    10 years to and including 20 years of creditable service,
19    and 2 3/4% for each year of creditable service above 20
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

 

 

SB1692- 9 -LRB103 27282 RPS 53653 b

1    next 10 years of such service, 2.10% for each year of such
2    service in excess of 20 but not exceeding 30, and 2.30% for
3    each year in excess of 30.
4    Such annuity shall be subject to a maximum of 75% of final
5average compensation if retirement occurs before January 1,
62001 or to a maximum of 80% of final average compensation if
7retirement occurs on or after January 1, 2001.
8    These rates shall not be applicable to any service
9performed by a member as a covered employee which is not
10eligible creditable service. Service as a covered employee
11which is not eligible creditable service shall be subject to
12the rates and provisions of Section 14-108.
13    (a-5) Notwithstanding the applicable age eligibility
14requirements of subsection (a) of this Section, beginning on
15the effective date of this amendatory Act of the 103rd General
16Assembly through the end of the 60th month after the effective
17date of this amendatory Act of the 103rd General Assembly, a
18State policeman who earns a retirement annuity equal to the
19limitation specified under subsection (a) of this Section, may
20elect to begin his or her retirement annuity effective on the
21month he or she first earned that retirement annuity at the
22amount so limited or the effective date of this amendatory Act
23of the 103rd General Assembly, whichever is later. A State
24policeman who elects to retire under the provisions of this
25subsection must first pay to the System an amount equal to the
26increase in the present value of the future benefits resulting

 

 

SB1692- 10 -LRB103 27282 RPS 53653 b

1from the State policeman's election to retire in accordance
2with this subsection.
3    (b) For the purpose of this Section, "eligible creditable
4service" means creditable service resulting from service in
5one or more of the following positions:
6        (1) State policeman;
7        (2) fire fighter in the fire protection service of a
8    department;
9        (3) air pilot;
10        (4) special agent;
11        (5) investigator for the Secretary of State;
12        (6) conservation police officer;
13        (7) investigator for the Department of Revenue or the
14    Illinois Gaming Board;
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 or the Department of Juvenile Justice;
21        (11) dangerous drugs investigator;
22        (12) investigator for the Illinois 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

 

 

SB1692- 11 -LRB103 27282 RPS 53653 b

1    Attorneys Appellate Prosecutor;
2        (16) Commerce Commission police officer;
3        (17) arson investigator;
4        (18) State highway maintenance worker;
5        (19) security employee of the Department of Innovation
6    and Technology; or
7        (20) transferred employee.
8    A person employed in one of the positions specified in
9this subsection is entitled to eligible creditable service for
10service credit earned under this Article while undergoing the
11basic police training course approved by the Illinois Law
12Enforcement Training Standards Board, if completion of that
13training is required of persons serving in that position. For
14the purposes of this Code, service during the required basic
15police training course shall be deemed performance of the
16duties of the specified position, even though the person is
17not a sworn peace officer at the time of the training.
18    A person under paragraph (20) is entitled to eligible
19creditable service for service credit earned under this
20Article on and after his or her transfer by Executive Order No.
212003-10, Executive Order No. 2004-2, or Executive Order No.
222016-1.
23    (c) For the purposes of this Section:
24        (1) The term "State policeman" includes any title or
25    position in the Illinois State Police that is held by an
26    individual employed under the Illinois State Police Act.

 

 

SB1692- 12 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 13 -LRB103 27282 RPS 53653 b

1    individual employed under the Illinois State Police Act.
2        (5) The term "investigator for the Secretary of State"
3    means any person employed by the Office of the Secretary
4    of State and vested with such investigative duties as
5    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.
8        A person who became employed as an investigator for
9    the Secretary of State between January 1, 1967 and
10    December 31, 1975, and who has served as such until
11    attainment of age 60, either continuously or with a single
12    break in service of not more than 3 years duration, which
13    break terminated before January 1, 1976, shall be entitled
14    to have his retirement annuity calculated in accordance
15    with subsection (a), notwithstanding that he has less than
16    20 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

 

 

SB1692- 14 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 15 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 16 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 17 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 18 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 19 -LRB103 27282 RPS 53653 b

1        construction equipment operator, power shovel
2        operator, or bridge mechanic; and whose principal
3        responsibility is to perform, on the roadway, the
4        actual maintenance necessary to keep the highways that
5        form a part of the State highway system in serviceable
6        condition for vehicular traffic.
7            (ii) A person employed on a full-time basis by the
8        Illinois State Toll Highway Authority in the position
9        of equipment operator/laborer H-4, equipment
10        operator/laborer H-6, welder H-4, welder H-6,
11        mechanical/electrical H-4, mechanical/electrical H-6,
12        water/sewer H-4, water/sewer H-6, sign maker/hanger
13        H-4, sign maker/hanger H-6, roadway lighting H-4,
14        roadway lighting H-6, structural H-4, structural H-6,
15        painter H-4, or painter H-6; and whose principal
16        responsibility is to perform, on the roadway, the
17        actual maintenance necessary to keep the Authority's
18        tollways in serviceable condition for vehicular
19        traffic.
20        (19) The term "security employee of the Department of
21    Innovation and Technology" means a person who was a
22    security employee of the Department of Corrections or the
23    Department of Juvenile Justice, was transferred to the
24    Department of Innovation and Technology pursuant to
25    Executive Order 2016-01, and continues to perform similar
26    job functions under that Department.

 

 

SB1692- 20 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 21 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 22 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 23 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 24 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 25 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 26 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 27 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 28 -LRB103 27282 RPS 53653 b

1System an amount to be determined by the Board equal to (i) the
2difference between the amount of employee and employer
3contributions transferred to the System under Sections 7-139.8
4and 9-121.10 and the amounts that would have been contributed
5had such contributions been made at the rates applicable to
6State policemen, plus (ii) interest thereon at the actuarially
7assumed rate for each year, compounded annually, from the date
8of service to the date of payment.
9    Notwithstanding the limitation in subsection (i), a State
10policeman or conservation police officer may elect to convert
11service credit earned under this Article to eligible
12creditable service, as defined by this Section, by filing a
13written election with the Board board within 6 months after
14July 30, 2021 (the effective date of Public Act 102-210) and
15paying to the System an amount to be determined by the Board
16equal to (i) the difference between the amount of employee
17contributions originally paid for that service and the amounts
18that would have been contributed had such contributions been
19made at the rates applicable to State policemen, plus (ii) the
20difference between the employer's normal cost of the credit
21prior to the conversion authorized by this amendatory Act of
22the 103rd General Assembly Public Act 102-210 and the
23employer's normal cost of the credit converted in accordance
24with this amendatory Act of the 103rd General Assembly Public
25Act 102-210, plus (iii) interest thereon at the actuarially
26assumed rate for each year, compounded annually, from the date

 

 

SB1692- 29 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 30 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 31 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 32 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 33 -LRB103 27282 RPS 53653 b

1conservation police officer, investigator for the Secretary of
2State, Commerce Commission police officer, investigator for
3the Department of Revenue or the Illinois Gaming Board, or
4arson investigator subject to subsection (g) of Section 1-160
5may elect to convert up to 8 years of service credit
6established before January 1, 2020 (the effective date of
7Public Act 101-610) as a conservation police officer,
8investigator for the Secretary of State, Commerce Commission
9police officer, investigator for the Department of Revenue or
10the Illinois Gaming Board, or arson investigator under this
11Article into eligible creditable service by filing a written
12election with the Board no later than one year after January 1,
132020 (the effective date of Public Act 101-610), accompanied
14by payment of an amount to be determined by the Board equal to
15(i) the difference between the amount of the employee
16contributions actually paid for that service and the amount of
17the employee contributions that would have been paid had the
18employee contributions been made as a noncovered employee
19serving in a position in which eligible creditable service, as
20defined in this Section, may be earned, plus (ii) interest
21thereon at the effective rate for each year, compounded
22annually, from the date of service to the date of payment.
23(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
24102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
25    (Text of Section from P.A. 102-856)

 

 

SB1692- 34 -LRB103 27282 RPS 53653 b

1    Sec. 14-110. Alternative retirement annuity.
2    (a) Any member who has withdrawn from service with not
3less than 20 years of eligible creditable service and has
4attained age 55, and any member who has withdrawn from service
5with not less than 25 years of eligible creditable service and
6has attained age 50, regardless of whether the attainment of
7either of the specified ages occurs while the member is still
8in service, shall be entitled to receive at the option of the
9member, in lieu of the regular or minimum retirement annuity,
10a retirement annuity computed as follows:
11        (i) for periods of service as a noncovered employee:
12    if retirement occurs on or after January 1, 2001, 3% of
13    final average compensation for each year of creditable
14    service; if retirement occurs before January 1, 2001, 2
15    1/4% of final average compensation for each of the first
16    10 years of creditable service, 2 1/2% for each year above
17    10 years to and including 20 years of creditable service,
18    and 2 3/4% for each year of creditable service above 20
19    years; and
20        (ii) for periods of eligible creditable service as a
21    covered employee: if retirement occurs on or after January
22    1, 2001, 2.5% of final average compensation for each year
23    of creditable service; if retirement occurs before January
24    1, 2001, 1.67% of final average compensation for each of
25    the first 10 years of such service, 1.90% for each of the
26    next 10 years of such service, 2.10% for each year of such

 

 

SB1692- 35 -LRB103 27282 RPS 53653 b

1    service in excess of 20 but not exceeding 30, and 2.30% for
2    each year in excess of 30.
3    Such annuity shall be subject to a maximum of 75% of final
4average compensation if retirement occurs before January 1,
52001 or to a maximum of 80% of final average compensation if
6retirement occurs on or after January 1, 2001.
7    These rates shall not be applicable to any service
8performed by a member as a covered employee which is not
9eligible creditable service. Service as a covered employee
10which is not eligible creditable service shall be subject to
11the rates and provisions of Section 14-108.
12    (a-5) Notwithstanding the applicable age eligibility
13requirements of subsection (a) of this Section, beginning on
14the effective date of this amendatory Act of the 103rd General
15Assembly through the end of the 60th month after the effective
16date of this amendatory Act of the 103rd General Assembly, a
17State policeman who earns a retirement annuity equal to the
18limitation specified under subsection (a) of this Section, may
19elect to begin his or her retirement annuity effective on the
20month he or she first earned that retirement annuity at the
21amount so limited or the effective date of this amendatory Act
22of the 103rd General Assembly, whichever is later. A State
23policeman who elects to retire under the provisions of this
24subsection must first pay to the System an amount equal to the
25increase in the present value of the future benefits resulting
26from the State policeman's election to retire in accordance

 

 

SB1692- 36 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 37 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 38 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 39 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 40 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 41 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 42 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 43 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 44 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 45 -LRB103 27282 RPS 53653 b

1        operator, or bridge mechanic; and whose principal
2        responsibility is to perform, on the roadway, the
3        actual maintenance necessary to keep the highways that
4        form a part of the State highway system in serviceable
5        condition for vehicular traffic.
6            (ii) A person employed on a full-time basis by the
7        Illinois State Toll Highway Authority in the position
8        of equipment operator/laborer H-4, equipment
9        operator/laborer H-6, welder H-4, welder H-6,
10        mechanical/electrical H-4, mechanical/electrical H-6,
11        water/sewer H-4, water/sewer H-6, sign maker/hanger
12        H-4, sign maker/hanger H-6, roadway lighting H-4,
13        roadway lighting H-6, structural H-4, structural H-6,
14        painter H-4, or painter H-6; and whose principal
15        responsibility is to perform, on the roadway, the
16        actual maintenance necessary to keep the Authority's
17        tollways in serviceable condition for vehicular
18        traffic.
19        (19) The term "security employee of the Department of
20    Innovation and Technology" means a person who was a
21    security employee of the Department of Corrections or the
22    Department of Juvenile Justice, was transferred to the
23    Department of Innovation and Technology pursuant to
24    Executive Order 2016-01, and continues to perform similar
25    job functions under that Department.
26        (20) "Transferred employee" means an employee who was

 

 

SB1692- 46 -LRB103 27282 RPS 53653 b

1    transferred to the Department of Central Management
2    Services by Executive Order No. 2003-10 or Executive Order
3    No. 2004-2 or transferred to the Department of Innovation
4    and Technology by Executive Order No. 2016-1, or both, and
5    was entitled to eligible creditable service for services
6    immediately preceding the transfer.
7    (d) A security employee of the Department of Corrections
8or the Department of Juvenile Justice, a security employee of
9the Department of Human Services who is not a mental health
10police officer, and a security employee of the Department of
11Innovation and Technology shall not be eligible for the
12alternative retirement annuity provided by this Section unless
13he or she meets the following minimum age and service
14requirements at the time of retirement:
15        (i) 25 years of eligible creditable service and age
16    55; or
17        (ii) beginning January 1, 1987, 25 years of eligible
18    creditable service and age 54, or 24 years of eligible
19    creditable service and age 55; or
20        (iii) beginning January 1, 1988, 25 years of eligible
21    creditable service and age 53, or 23 years of eligible
22    creditable service and age 55; or
23        (iv) beginning January 1, 1989, 25 years of eligible
24    creditable service and age 52, or 22 years of eligible
25    creditable service and age 55; or
26        (v) beginning January 1, 1990, 25 years of eligible

 

 

SB1692- 47 -LRB103 27282 RPS 53653 b

1    creditable service and age 51, or 21 years of eligible
2    creditable service and age 55; or
3        (vi) beginning January 1, 1991, 25 years of eligible
4    creditable service and age 50, or 20 years of eligible
5    creditable service and age 55.
6    Persons who have service credit under Article 16 of this
7Code for service as a security employee of the Department of
8Corrections or the Department of Juvenile Justice, or the
9Department of Human Services in a position requiring
10certification as a teacher may count such service toward
11establishing their eligibility under the service requirements
12of this Section; but such service may be used only for
13establishing such eligibility, and not for the purpose of
14increasing or calculating any benefit.
15    (e) If a member enters military service while working in a
16position in which eligible creditable service may be earned,
17and returns to State service in the same or another such
18position, and fulfills in all other respects the conditions
19prescribed in this Article for credit for military service,
20such military service shall be credited as eligible creditable
21service for the purposes of the retirement annuity prescribed
22in this Section.
23    (f) For purposes of calculating retirement annuities under
24this Section, periods of service rendered after December 31,
251968 and before October 1, 1975 as a covered employee in the
26position of special agent, conservation police officer, mental

 

 

SB1692- 48 -LRB103 27282 RPS 53653 b

1health police officer, or investigator for the Secretary of
2State, shall be deemed to have been service as a noncovered
3employee, provided that the employee pays to the System prior
4to retirement an amount equal to (1) the difference between
5the employee contributions that would have been required for
6such service as a noncovered employee, and the amount of
7employee contributions actually paid, plus (2) if payment is
8made after July 31, 1987, regular interest on the amount
9specified in item (1) from the date of service to the date of
10payment.
11    For purposes of calculating retirement annuities under
12this Section, periods of service rendered after December 31,
131968 and before January 1, 1982 as a covered employee in the
14position of investigator for the Department of Revenue shall
15be deemed to have been service as a noncovered employee,
16provided that the employee pays to the System prior to
17retirement an amount equal to (1) the difference between the
18employee contributions that would have been required for such
19service as a noncovered employee, and the amount of employee
20contributions actually paid, plus (2) if payment is made after
21January 1, 1990, regular interest on the amount specified in
22item (1) from the date of service to the date of payment.
23    (g) A State policeman may elect, not later than January 1,
241990, to establish eligible creditable service for up to 10
25years of his service as a policeman under Article 3, by filing
26a written election with the Board, accompanied by payment of

 

 

SB1692- 49 -LRB103 27282 RPS 53653 b

1an amount to be determined by the Board, equal to (i) the
2difference between the amount of employee and employer
3contributions transferred to the System under Section 3-110.5,
4and the amounts that would have been contributed had such
5contributions been made at the rates applicable to State
6policemen, plus (ii) interest thereon at the effective rate
7for each year, compounded annually, from the date of service
8to the date of payment.
9    Subject to the limitation in subsection (i), a State
10policeman may elect, not later than July 1, 1993, to establish
11eligible creditable service for up to 10 years of his service
12as a member of the County Police Department under Article 9, by
13filing a written election with the Board, accompanied by
14payment of an amount to be determined by the Board, equal to
15(i) the difference between the amount of employee and employer
16contributions transferred to the System under Section 9-121.10
17and the amounts that would have been contributed had those
18contributions been made at the rates applicable to State
19policemen, plus (ii) interest thereon at the effective rate
20for each year, compounded annually, from the date of service
21to the date of payment.
22    (h) Subject to the limitation in subsection (i), a State
23policeman or investigator for the Secretary of State may elect
24to establish eligible creditable service for up to 12 years of
25his service as a policeman under Article 5, by filing a written
26election with the Board on or before January 31, 1992, and

 

 

SB1692- 50 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 51 -LRB103 27282 RPS 53653 b

1officer under Article 3, a policeman under Article 5, a
2sheriff's law enforcement employee under Article 7, a member
3of the county police department under Article 9, or a police
4officer under Article 15 by filing a written election with the
5Board and paying to the System an amount to be determined by
6the Board, equal to (i) the difference between the amount of
7employee and employer contributions transferred to the System
8under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
9and the amounts that would have been contributed had such
10contributions been made at the rates applicable to State
11policemen, plus (ii) interest thereon at the effective rate
12for each year, compounded annually, from the date of service
13to the date of payment.
14    Subject to the limitation in subsection (i), an
15investigator for the Office of the Attorney General, or an
16investigator for the Department of Revenue, may elect to
17establish eligible creditable service for up to 5 years of
18service as a police officer under Article 3, a policeman under
19Article 5, a sheriff's law enforcement employee under Article
207, or a member of the county police department under Article 9
21by filing a written election with the Board within 6 months
22after August 25, 2009 (the effective date of Public Act
2396-745) and paying to the System an amount to be determined by
24the Board, equal to (i) the difference between the amount of
25employee and employer contributions transferred to the System
26under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the

 

 

SB1692- 52 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 53 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 54 -LRB103 27282 RPS 53653 b

1difference between the amount of employee and employer
2contributions transferred to the System under Sections 7-139.8
3and 9-121.10 and the amounts that would have been contributed
4had such contributions been made at the rates applicable to
5State policemen, plus (ii) interest thereon at the actuarially
6assumed rate for each year, compounded annually, from the date
7of service to the date of payment.
8    Subject to the limitation in subsection (i), an
9investigator for the Department of Revenue, investigator for
10the Illinois Gaming Board, investigator for the Secretary of
11State, or arson investigator may elect to establish eligible
12creditable service for up to 5 years of service as a person
13employed by a participating municipality to perform police
14duties under Article 7, a county corrections officer, a court
15services officer under Article 9, or a firefighter under
16Article 4 by filing a written election with the Board within 6
17months after the effective date of this amendatory Act of the
18102nd General Assembly and paying to the System an amount to be
19determined by the Board equal to (i) the difference between
20the amount of employee and employer contributions transferred
21to the System under Sections 4-108.8, 7-139.8, and 9-121.10
22and the amounts that would have been contributed had such
23contributions been made at the rates applicable to State
24policemen, plus (ii) interest thereon at the actuarially
25assumed rate for each year, compounded annually, from the date
26of service to the date of payment.

 

 

SB1692- 55 -LRB103 27282 RPS 53653 b

1    Notwithstanding the limitation in subsection (i), a State
2policeman or conservation police officer may elect to convert
3service credit earned under this Article to eligible
4creditable service, as defined by this Section, by filing a
5written election with the Board board within 6 months after
6July 30, 2021 (the effective date of Public Act 102-210) and
7paying to the System an amount to be determined by the Board
8equal to (i) the difference between the amount of employee
9contributions originally paid for that service and the amounts
10that would have been contributed had such contributions been
11made at the rates applicable to State policemen, plus (ii) the
12difference between the employer's normal cost of the credit
13prior to the conversion authorized by this amendatory Act of
14the 103rd General Assembly Public Act 102-210 and the
15employer's normal cost of the credit converted in accordance
16with this amendatory Act of the 103rd General Assembly Public
17Act 102-210, plus (iii) interest thereon at the actuarially
18assumed rate for each year, compounded annually, from the date
19of service to the date of payment.
20    Notwithstanding the limitation in subsection (i), an
21investigator for the Department of Revenue, investigator for
22the Illinois Gaming Board, investigator for the Secretary of
23State, or arson investigator may elect to convert service
24credit earned under this Article to eligible creditable
25service, as defined by this Section, by filing a written
26election with the Board within 6 months after the effective

 

 

SB1692- 56 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 57 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 58 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 59 -LRB103 27282 RPS 53653 b

1applicant must file a written application with the Board no
2later than 3 years after January 1, 2020 (the effective date of
3Public Act 101-610), accompanied by evidence of eligibility
4acceptable to the Board and payment of an amount to be
5determined by the Board, equal to (1) employee contributions
6for the credit being established, based upon the applicant's
7salary on the first day as an alternative formula employee
8after the employment for which credit is being established and
9the rates then applicable to alternative formula employees,
10plus (2) an amount determined by the Board to be the employer's
11normal cost of the benefits accrued for the credit being
12established, plus (3) regular interest on the amounts in items
13(1) and (2) from the first day as an alternative formula
14employee after the employment for which credit is being
15established to the date of payment.
16    (m) The amendatory changes to this Section made by Public
17Act 94-696 apply only to: (1) security employees of the
18Department of Juvenile Justice employed by the Department of
19Corrections before June 1, 2006 (the effective date of Public
20Act 94-696) and transferred to the Department of Juvenile
21Justice by Public Act 94-696; and (2) persons employed by the
22Department of Juvenile Justice on or after June 1, 2006 (the
23effective date of Public Act 94-696) who are required by
24subsection (b) of Section 3-2.5-15 of the Unified Code of
25Corrections to have any bachelor's or advanced degree from an
26accredited college or university or, in the case of persons

 

 

SB1692- 60 -LRB103 27282 RPS 53653 b

1who provide vocational training, who are required to have
2adequate knowledge in the skill for which they are providing
3the vocational training.
4    (n) A person employed in a position under subsection (b)
5of this Section who has purchased service credit under
6subsection (j) of Section 14-104 or subsection (b) of Section
714-105 in any other capacity under this Article may convert up
8to 5 years of that service credit into service credit covered
9under this Section by paying to the Fund an amount equal to (1)
10the additional employee contribution required under Section
1114-133, plus (2) the additional employer contribution required
12under Section 14-131, plus (3) interest on items (1) and (2) at
13the actuarially assumed rate from the date of the service to
14the date of payment.
15    (o) Subject to the limitation in subsection (i), a
16conservation police officer, investigator for the Secretary of
17State, Commerce Commission police officer, investigator for
18the Department of Revenue or the Illinois Gaming Board, or
19arson investigator subject to subsection (g) of Section 1-160
20may elect to convert up to 8 years of service credit
21established before January 1, 2020 (the effective date of
22Public Act 101-610) as a conservation police officer,
23investigator for the Secretary of State, Commerce Commission
24police officer, investigator for the Department of Revenue or
25the Illinois Gaming Board, or arson investigator under this
26Article into eligible creditable service by filing a written

 

 

SB1692- 61 -LRB103 27282 RPS 53653 b

1election with the Board no later than one year after January 1,
22020 (the effective date of Public Act 101-610), accompanied
3by payment of an amount to be determined by the Board equal to
4(i) the difference between the amount of the employee
5contributions actually paid for that service and the amount of
6the employee contributions that would have been paid had the
7employee contributions been made as a noncovered employee
8serving in a position in which eligible creditable service, as
9defined in this Section, may be earned, plus (ii) interest
10thereon at the effective rate for each year, compounded
11annually, from the date of service to the date of payment.
12(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
13102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
 
14    (Text of Section from P.A. 102-956)
15    Sec. 14-110. Alternative retirement annuity.
16    (a) Any member who has withdrawn from service with not
17less than 20 years of eligible creditable service and has
18attained age 55, and any member who has withdrawn from service
19with not less than 25 years of eligible creditable service and
20has attained age 50, regardless of whether the attainment of
21either of the specified ages occurs while the member is still
22in service, shall be entitled to receive at the option of the
23member, in lieu of the regular or minimum retirement annuity,
24a retirement annuity computed as follows:
25        (i) for periods of service as a noncovered employee:

 

 

SB1692- 62 -LRB103 27282 RPS 53653 b

1    if retirement occurs on or after January 1, 2001, 3% of
2    final average compensation for each year of creditable
3    service; if retirement occurs before January 1, 2001, 2
4    1/4% of final average compensation for each of the first
5    10 years of creditable service, 2 1/2% for each year above
6    10 years to and including 20 years of creditable service,
7    and 2 3/4% for each year of creditable service above 20
8    years; and
9        (ii) for periods of eligible creditable service as a
10    covered employee: if retirement occurs on or after January
11    1, 2001, 2.5% of final average compensation for each year
12    of creditable service; if retirement occurs before January
13    1, 2001, 1.67% of final average compensation for each of
14    the first 10 years of such service, 1.90% for each of the
15    next 10 years of such service, 2.10% for each year of such
16    service in excess of 20 but not exceeding 30, and 2.30% for
17    each year in excess of 30.
18    Such annuity shall be subject to a maximum of 75% of final
19average compensation if retirement occurs before January 1,
202001 or to a maximum of 80% of final average compensation if
21retirement occurs on or after January 1, 2001.
22    These rates shall not be applicable to any service
23performed by a member as a covered employee which is not
24eligible creditable service. Service as a covered employee
25which is not eligible creditable service shall be subject to
26the rates and provisions of Section 14-108.

 

 

SB1692- 63 -LRB103 27282 RPS 53653 b

1    (a-5) Notwithstanding the applicable age eligibility
2requirements of subsection (a) of this Section, beginning on
3the effective date of this amendatory Act of the 103rd General
4Assembly through the end of the 60th month after the effective
5date of this amendatory Act of the 103rd General Assembly, a
6State policeman who earns a retirement annuity equal to the
7limitation specified under subsection (a) of this Section, may
8elect to begin his or her retirement annuity effective on the
9month he or she first earned that retirement annuity at the
10amount so limited or the effective date of this amendatory Act
11of the 103rd General Assembly, whichever is later. A State
12policeman who elects to retire under the provisions of this
13subsection must first pay to the System an amount equal to the
14increase in the present value of the future benefits resulting
15from the State policeman's election to retire in accordance
16with this subsection.
17    (b) For the purpose of this Section, "eligible creditable
18service" means creditable service resulting from service in
19one or more of the following positions:
20        (1) State policeman;
21        (2) fire fighter in the fire protection service of a
22    department;
23        (3) air pilot;
24        (4) special agent;
25        (5) investigator for the Secretary of State;
26        (6) conservation police officer;

 

 

SB1692- 64 -LRB103 27282 RPS 53653 b

1        (7) investigator for the Department of Revenue or the
2    Illinois Gaming Board;
3        (8) security employee of the Department of Human
4    Services;
5        (9) Central Management Services security police
6    officer;
7        (10) security employee of the Department of
8    Corrections or the Department of Juvenile Justice;
9        (11) dangerous drugs investigator;
10        (12) investigator for the Illinois State Police;
11        (13) investigator for the Office of the Attorney
12    General;
13        (14) controlled substance inspector;
14        (15) investigator for the Office of the State's
15    Attorneys Appellate Prosecutor;
16        (16) Commerce Commission police officer;
17        (17) arson investigator;
18        (18) State highway maintenance worker;
19        (19) security employee of the Department of Innovation
20    and Technology; or
21        (20) transferred employee.
22    A person employed in one of the positions specified in
23this subsection is entitled to eligible creditable service for
24service credit earned under this Article while undergoing the
25basic police training course approved by the Illinois Law
26Enforcement Training Standards Board, if completion of that

 

 

SB1692- 65 -LRB103 27282 RPS 53653 b

1training is required of persons serving in that position. For
2the purposes of this Code, service during the required basic
3police training course shall be deemed performance of the
4duties of the specified position, even though the person is
5not a sworn peace officer at the time of the training.
6    A person under paragraph (20) is entitled to eligible
7creditable service for service credit earned under this
8Article on and after his or her transfer by Executive Order No.
92003-10, Executive Order No. 2004-2, or Executive Order No.
102016-1.
11    (c) For the purposes of this Section:
12        (1) The term "State policeman" includes any title or
13    position in the Illinois State Police that is held by an
14    individual employed under the Illinois State Police Act.
15        (2) The term "fire fighter in the fire protection
16    service of a department" includes all officers in such
17    fire protection service including fire chiefs and
18    assistant fire chiefs.
19        (3) The term "air pilot" includes any employee whose
20    official job description on file in the Department of
21    Central Management Services, or in the department by which
22    he is employed if that department is not covered by the
23    Personnel Code, states that his principal duty is the
24    operation of aircraft, and who possesses a pilot's
25    license; however, the change in this definition made by
26    Public Act 83-842 shall not operate to exclude any

 

 

SB1692- 66 -LRB103 27282 RPS 53653 b

1    noncovered employee who was an "air pilot" for the
2    purposes of this Section on January 1, 1984.
3        (4) The term "special agent" means any person who by
4    reason of employment by the Division of Narcotic Control,
5    the Bureau of Investigation or, after July 1, 1977, the
6    Division of Criminal Investigation, the Division of
7    Internal Investigation, the Division of Operations, the
8    Division of Patrol Operations, or any other Division or
9    organizational entity in the Illinois State Police is
10    vested by law with duties to maintain public order,
11    investigate violations of the criminal law of this State,
12    enforce the laws of this State, make arrests and recover
13    property. The term "special agent" includes any title or
14    position in the Illinois State Police that is held by an
15    individual employed under the Illinois State Police Act.
16        (5) The term "investigator for the Secretary of State"
17    means any person employed by the Office of the Secretary
18    of State and vested with such investigative duties as
19    render him ineligible for coverage under the Social
20    Security Act by reason of Sections 218(d)(5)(A),
21    218(d)(8)(D) and 218(l)(1) of that Act.
22        A person who became employed as an investigator for
23    the Secretary of State between January 1, 1967 and
24    December 31, 1975, and who has served as such until
25    attainment of age 60, either continuously or with a single
26    break in service of not more than 3 years duration, which

 

 

SB1692- 67 -LRB103 27282 RPS 53653 b

1    break terminated before January 1, 1976, shall be entitled
2    to have his retirement annuity calculated in accordance
3    with subsection (a), notwithstanding that he has less than
4    20 years of credit for such service.
5        (6) The term "Conservation Police Officer" means any
6    person employed by the Division of Law Enforcement of the
7    Department of Natural Resources and vested with such law
8    enforcement duties as render him ineligible for coverage
9    under the Social Security Act by reason of Sections
10    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
11    term "Conservation Police Officer" includes the positions
12    of Chief Conservation Police Administrator and Assistant
13    Conservation Police Administrator.
14        (7) The term "investigator for the Department of
15    Revenue" means any person employed by the Department of
16    Revenue and vested with such investigative duties as
17    render him ineligible for coverage under the Social
18    Security Act by reason of Sections 218(d)(5)(A),
19    218(d)(8)(D) and 218(l)(1) of that Act.
20        The term "investigator for the Illinois Gaming Board"
21    means any person employed as such by the Illinois Gaming
22    Board and vested with such peace officer duties as render
23    the person ineligible for coverage under the Social
24    Security Act by reason of Sections 218(d)(5)(A),
25    218(d)(8)(D), and 218(l)(1) of that Act.
26        (8) The term "security employee of the Department of

 

 

SB1692- 68 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 69 -LRB103 27282 RPS 53653 b

1        The changes made to this subdivision (c)(8) by Public
2    Act 92-14 apply to persons who retire on or after January
3    1, 2001, notwithstanding Section 1-103.1.
4        (9) "Central Management Services security police
5    officer" means any person employed by the Department of
6    Central Management Services who is vested with such law
7    enforcement duties as render him ineligible for coverage
8    under the Social Security Act by reason of Sections
9    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
10        (10) For a member who first became an employee under
11    this Article before July 1, 2005, the term "security
12    employee of the Department of Corrections or the
13    Department of Juvenile Justice" means any employee of the
14    Department of Corrections or the Department of Juvenile
15    Justice or the former Department of Personnel, and any
16    member or employee of the Prisoner Review Board, who has
17    daily contact with inmates or youth by working within a
18    correctional facility or Juvenile facility operated by the
19    Department of Juvenile Justice or who is a parole officer
20    or an employee who has direct contact with committed
21    persons in the performance of his or her job duties. For a
22    member who first becomes an employee under this Article on
23    or after July 1, 2005, the term means an employee of the
24    Department of Corrections or the Department of Juvenile
25    Justice who is any of the following: (i) officially
26    headquartered at a correctional facility or Juvenile

 

 

SB1692- 70 -LRB103 27282 RPS 53653 b

1    facility operated by the Department of Juvenile Justice,
2    (ii) a parole officer, (iii) a member of the apprehension
3    unit, (iv) a member of the intelligence unit, (v) a member
4    of the sort team, or (vi) an investigator.
5        (11) The term "dangerous drugs investigator" means any
6    person who is employed as such by the Department of Human
7    Services.
8        (12) The term "investigator for the Illinois State
9    Police" means a person employed by the Illinois State
10    Police who is vested under Section 4 of the Narcotic
11    Control Division Abolition Act with such law enforcement
12    powers as render him ineligible for coverage under the
13    Social Security Act by reason of Sections 218(d)(5)(A),
14    218(d)(8)(D) and 218(l)(1) of that Act.
15        (13) "Investigator for the Office of the Attorney
16    General" means any person who is employed as such by the
17    Office of the Attorney General and is vested with such
18    investigative duties as render him ineligible for coverage
19    under the Social Security Act by reason of Sections
20    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
21    the period before January 1, 1989, the term includes all
22    persons who were employed as investigators by the Office
23    of the Attorney General, without regard to social security
24    status.
25        (14) "Controlled substance inspector" means any person
26    who is employed as such by the Department of Professional

 

 

SB1692- 71 -LRB103 27282 RPS 53653 b

1    Regulation and is vested with such law enforcement duties
2    as render him ineligible for coverage under the Social
3    Security Act by reason of Sections 218(d)(5)(A),
4    218(d)(8)(D) and 218(l)(1) of that Act. The term
5    "controlled substance inspector" includes the Program
6    Executive of Enforcement and the Assistant Program
7    Executive of Enforcement.
8        (15) The term "investigator for the Office of the
9    State's Attorneys Appellate Prosecutor" means a person
10    employed in that capacity on a full-time basis under the
11    authority of Section 7.06 of the State's Attorneys
12    Appellate Prosecutor's Act.
13        (16) "Commerce Commission police officer" means any
14    person employed by the Illinois Commerce Commission who is
15    vested with such law enforcement duties as render him
16    ineligible for coverage under the Social Security Act by
17    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
18    218(l)(1) of that Act.
19        (17) "Arson investigator" means any person who is
20    employed as such by the Office of the State Fire Marshal
21    and is vested with such law enforcement duties as render
22    the person ineligible for coverage under the Social
23    Security Act by reason of Sections 218(d)(5)(A),
24    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
25    employed as an arson investigator on January 1, 1995 and
26    is no longer in service but not yet receiving a retirement

 

 

SB1692- 72 -LRB103 27282 RPS 53653 b

1    annuity may convert his or her creditable service for
2    employment as an arson investigator into eligible
3    creditable service by paying to the System the difference
4    between the employee contributions actually paid for that
5    service and the amounts that would have been contributed
6    if the applicant were contributing at the rate applicable
7    to persons with the same social security status earning
8    eligible creditable service on the date of application.
9        (18) The term "State highway maintenance worker" means
10    a person who is either of the following:
11            (i) A person employed on a full-time basis by the
12        Illinois Department of Transportation in the position
13        of highway maintainer, highway maintenance lead
14        worker, highway maintenance lead/lead worker, heavy
15        construction equipment operator, power shovel
16        operator, or bridge mechanic; and whose principal
17        responsibility is to perform, on the roadway, the
18        actual maintenance necessary to keep the highways that
19        form a part of the State highway system in serviceable
20        condition for vehicular traffic.
21            (ii) A person employed on a full-time basis by the
22        Illinois State Toll Highway Authority in the position
23        of equipment operator/laborer H-4, equipment
24        operator/laborer H-6, welder H-4, welder H-6,
25        mechanical/electrical H-4, mechanical/electrical H-6,
26        water/sewer H-4, water/sewer H-6, sign maker/hanger

 

 

SB1692- 73 -LRB103 27282 RPS 53653 b

1        H-4, sign maker/hanger H-6, roadway lighting H-4,
2        roadway lighting H-6, structural H-4, structural H-6,
3        painter H-4, or painter H-6; and whose principal
4        responsibility is to perform, on the roadway, the
5        actual maintenance necessary to keep the Authority's
6        tollways in serviceable condition for vehicular
7        traffic.
8        (19) The term "security employee of the Department of
9    Innovation and Technology" means a person who was a
10    security employee of the Department of Corrections or the
11    Department of Juvenile Justice, was transferred to the
12    Department of Innovation and Technology pursuant to
13    Executive Order 2016-01, and continues to perform similar
14    job functions under that Department.
15        (20) "Transferred employee" means an employee who was
16    transferred to the Department of Central Management
17    Services by Executive Order No. 2003-10 or Executive Order
18    No. 2004-2 or transferred to the Department of Innovation
19    and Technology by Executive Order No. 2016-1, or both, and
20    was entitled to eligible creditable service for services
21    immediately preceding the transfer.
22    (d) A security employee of the Department of Corrections
23or the Department of Juvenile Justice, a security employee of
24the Department of Human Services who is not a mental health
25police officer, and a security employee of the Department of
26Innovation and Technology shall not be eligible for the

 

 

SB1692- 74 -LRB103 27282 RPS 53653 b

1alternative retirement annuity provided by this Section unless
2he or she meets the following minimum age and service
3requirements at the time of retirement:
4        (i) 25 years of eligible creditable service and age
5    55; or
6        (ii) beginning January 1, 1987, 25 years of eligible
7    creditable service and age 54, or 24 years of eligible
8    creditable service and age 55; or
9        (iii) beginning January 1, 1988, 25 years of eligible
10    creditable service and age 53, or 23 years of eligible
11    creditable service and age 55; or
12        (iv) beginning January 1, 1989, 25 years of eligible
13    creditable service and age 52, or 22 years of eligible
14    creditable service and age 55; or
15        (v) beginning January 1, 1990, 25 years of eligible
16    creditable service and age 51, or 21 years of eligible
17    creditable service and age 55; or
18        (vi) beginning January 1, 1991, 25 years of eligible
19    creditable service and age 50, or 20 years of eligible
20    creditable service and age 55.
21    Persons who have service credit under Article 16 of this
22Code for service as a security employee of the Department of
23Corrections or the Department of Juvenile Justice, or the
24Department of Human Services in a position requiring
25certification as a teacher may count such service toward
26establishing their eligibility under the service requirements

 

 

SB1692- 75 -LRB103 27282 RPS 53653 b

1of this Section; but such service may be used only for
2establishing such eligibility, and not for the purpose of
3increasing or calculating any benefit.
4    (e) If a member enters military service while working in a
5position in which eligible creditable service may be earned,
6and returns to State service in the same or another such
7position, and fulfills in all other respects the conditions
8prescribed in this Article for credit for military service,
9such military service shall be credited as eligible creditable
10service for the purposes of the retirement annuity prescribed
11in this Section.
12    (f) For purposes of calculating retirement annuities under
13this Section, periods of service rendered after December 31,
141968 and before October 1, 1975 as a covered employee in the
15position of special agent, conservation police officer, mental
16health police officer, or investigator for the Secretary of
17State, shall be deemed to have been service as a noncovered
18employee, provided that the employee pays to the System prior
19to retirement an amount equal to (1) the difference between
20the employee contributions that would have been required for
21such service as a noncovered employee, and the amount of
22employee contributions actually paid, plus (2) if payment is
23made after July 31, 1987, regular interest on the amount
24specified in item (1) from the date of service to the date of
25payment.
26    For purposes of calculating retirement annuities under

 

 

SB1692- 76 -LRB103 27282 RPS 53653 b

1this Section, periods of service rendered after December 31,
21968 and before January 1, 1982 as a covered employee in the
3position of investigator for the Department of Revenue shall
4be deemed to have been service as a noncovered employee,
5provided that the employee pays to the System prior to
6retirement an amount equal to (1) the difference between the
7employee contributions that would have been required for such
8service as a noncovered employee, and the amount of employee
9contributions actually paid, plus (2) if payment is made after
10January 1, 1990, regular interest on the amount specified in
11item (1) from the date of service to the date of payment.
12    (g) A State policeman may elect, not later than January 1,
131990, to establish eligible creditable service for up to 10
14years of his service as a policeman under Article 3, by filing
15a written election with the Board, accompanied by payment of
16an amount to be determined by the Board, equal to (i) the
17difference between the amount of employee and employer
18contributions transferred to the System under Section 3-110.5,
19and the amounts that would have been contributed had such
20contributions been made at the rates applicable to State
21policemen, plus (ii) interest thereon at the effective rate
22for each year, compounded annually, from the date of service
23to the date of payment.
24    Subject to the limitation in subsection (i), a State
25policeman may elect, not later than July 1, 1993, to establish
26eligible creditable service for up to 10 years of his service

 

 

SB1692- 77 -LRB103 27282 RPS 53653 b

1as a member of the County Police Department under Article 9, by
2filing a written election with the Board, accompanied by
3payment of an amount to be determined by the Board, equal to
4(i) the difference between the amount of employee and employer
5contributions transferred to the System under Section 9-121.10
6and the amounts that would have been contributed had those
7contributions been made at the rates applicable to State
8policemen, plus (ii) interest thereon at the effective rate
9for each year, compounded annually, from the date of service
10to the date of payment.
11    (h) Subject to the limitation in subsection (i), a State
12policeman or investigator for the Secretary of State may elect
13to establish eligible creditable service for up to 12 years of
14his service as a policeman under Article 5, by filing a written
15election with the Board on or before January 31, 1992, and
16paying to the System by January 31, 1994 an amount to be
17determined by the Board, equal to (i) the difference between
18the amount of employee and employer contributions transferred
19to the System under Section 5-236, and the amounts that would
20have been contributed had such contributions been made at the
21rates applicable to State policemen, plus (ii) interest
22thereon at the effective rate for each year, compounded
23annually, from the date of service to the date of payment.
24    Subject to the limitation in subsection (i), a State
25policeman, conservation police officer, or investigator for
26the Secretary of State may elect to establish eligible

 

 

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1creditable service for up to 10 years of service as a sheriff's
2law enforcement employee under Article 7, by filing a written
3election with the Board on or before January 31, 1993, and
4paying to the System by January 31, 1994 an amount to be
5determined by the Board, equal to (i) the difference between
6the amount of employee and employer contributions transferred
7to the System under Section 7-139.7, and the amounts that
8would have been contributed had such contributions been made
9at the rates applicable to State policemen, plus (ii) interest
10thereon at the effective rate for each year, compounded
11annually, from the date of service to the date of payment.
12    Subject to the limitation in subsection (i), a State
13policeman, conservation police officer, or investigator for
14the Secretary of State may elect to establish eligible
15creditable service for up to 5 years of service as a police
16officer under Article 3, a policeman under Article 5, a
17sheriff's law enforcement employee under Article 7, a member
18of the county police department under Article 9, or a police
19officer under Article 15 by filing a written election with the
20Board and paying to the System an amount to be determined by
21the Board, equal to (i) the difference between the amount of
22employee and employer contributions transferred to the System
23under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
24and the amounts that would have been contributed had such
25contributions been made at the rates applicable to State
26policemen, plus (ii) interest thereon at the effective rate

 

 

SB1692- 79 -LRB103 27282 RPS 53653 b

1for each year, compounded annually, from the date of service
2to the date of payment.
3    Subject to the limitation in subsection (i), an
4investigator for the Office of the Attorney General, or an
5investigator for the Department of Revenue, may elect to
6establish eligible creditable service for up to 5 years of
7service as a police officer under Article 3, a policeman under
8Article 5, a sheriff's law enforcement employee under Article
97, or a member of the county police department under Article 9
10by filing a written election with the Board within 6 months
11after August 25, 2009 (the effective date of Public Act
1296-745) and paying to the System an amount to be determined by
13the Board, equal to (i) the difference between the amount of
14employee and employer contributions transferred to the System
15under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
16amounts that would have been contributed had such
17contributions been made at the rates applicable to State
18policemen, plus (ii) interest thereon at the actuarially
19assumed rate for each year, compounded annually, from the date
20of service to the date of payment.
21    Subject to the limitation in subsection (i), a State
22policeman, conservation police officer, investigator for the
23Office of the Attorney General, an investigator for the
24Department of Revenue, or investigator for the Secretary of
25State may elect to establish eligible creditable service for
26up to 5 years of service as a person employed by a

 

 

SB1692- 80 -LRB103 27282 RPS 53653 b

1participating municipality to perform police duties, or law
2enforcement officer employed on a full-time basis by a forest
3preserve district under Article 7, a county corrections
4officer, or a court services officer under Article 9, by
5filing a written election with the Board within 6 months after
6August 25, 2009 (the effective date of Public Act 96-745) and
7paying to the System an amount to be determined by the Board,
8equal to (i) the difference between the amount of employee and
9employer contributions transferred to the System under
10Sections 7-139.8 and 9-121.10 and the amounts that would have
11been contributed had such contributions been made at the rates
12applicable to State policemen, plus (ii) interest thereon at
13the actuarially assumed rate for each year, compounded
14annually, from the date of service to the date of payment.
15    Subject to the limitation in subsection (i), a State
16policeman, arson investigator, or Commerce Commission police
17officer may elect to establish eligible creditable service for
18up to 5 years of service as a person employed by a
19participating municipality to perform police duties under
20Article 7, a county corrections officer, a court services
21officer under Article 9, or a firefighter under Article 4 by
22filing a written election with the Board within 6 months after
23July 30, 2021 (the effective date of Public Act 102-210) and
24paying to the System an amount to be determined by the Board
25equal to (i) the difference between the amount of employee and
26employer contributions transferred to the System under

 

 

SB1692- 81 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 82 -LRB103 27282 RPS 53653 b

1written election with the Board board within 6 months after
2July 30, 2021 (the effective date of Public Act 102-210) and
3paying to the System an amount to be determined by the Board
4equal to (i) the difference between the amount of employee
5contributions originally paid for that service and the amounts
6that would have been contributed had such contributions been
7made at the rates applicable to State policemen, plus (ii) the
8difference between the employer's normal cost of the credit
9prior to the conversion authorized by this amendatory Act of
10the 103rd General Assembly Public Act 102-210 and the
11employer's normal cost of the credit converted in accordance
12with this amendatory Act of the 103rd General Assembly Public
13Act 102-210, plus (iii) interest thereon at the actuarially
14assumed rate for each year, compounded annually, from the date
15of service to the date of payment.
16    (i) The total amount of eligible creditable service
17established by any person under subsections (g), (h), (j),
18(k), (l), (l-5), (o), and (p) of this Section shall not exceed
1912 years.
20    (j) Subject to the limitation in subsection (i), an
21investigator for the Office of the State's Attorneys Appellate
22Prosecutor or a controlled substance inspector may elect to
23establish eligible creditable service for up to 10 years of
24his service as a policeman under Article 3 or a sheriff's law
25enforcement employee under Article 7, by filing a written
26election with the Board, accompanied by payment of an amount

 

 

SB1692- 83 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 84 -LRB103 27282 RPS 53653 b

1plus (3) regular interest on the amounts in items (1) and (2)
2from the first day as an alternative formula employee after
3the employment for which credit is being established to the
4date of payment.
5    (l) Subject to the limitation in subsection (i), a
6security employee of the Department of Corrections may elect,
7not later than July 1, 1998, to establish eligible creditable
8service for up to 10 years of his or her service as a policeman
9under Article 3, by filing a written election with the Board,
10accompanied by payment of an amount to be determined by the
11Board, equal to (i) the difference between the amount of
12employee and employer contributions transferred to the System
13under Section 3-110.5, and the amounts that would have been
14contributed had such contributions been made at the rates
15applicable to security employees of the Department of
16Corrections, plus (ii) interest thereon at the effective rate
17for each year, compounded annually, from the date of service
18to the date of payment.
19    (l-5) Subject to the limitation in subsection (i) of this
20Section, a State policeman may elect to establish eligible
21creditable service for up to 5 years of service as a full-time
22law enforcement officer employed by the federal government or
23by a state or local government located outside of Illinois for
24which credit is not held in any other public employee pension
25fund or retirement system. To obtain this credit, the
26applicant must file a written application with the Board no

 

 

SB1692- 85 -LRB103 27282 RPS 53653 b

1later than 3 years after January 1, 2020 (the effective date of
2Public Act 101-610), accompanied by evidence of eligibility
3acceptable to the Board and payment of an amount to be
4determined by the Board, equal to (1) employee contributions
5for the credit being established, based upon the applicant's
6salary on the first day as an alternative formula employee
7after the employment for which credit is being established and
8the rates then applicable to alternative formula employees,
9plus (2) an amount determined by the Board to be the employer's
10normal cost of the benefits accrued for the credit being
11established, plus (3) regular interest on the amounts in items
12(1) and (2) from the first day as an alternative formula
13employee after the employment for which credit is being
14established to the date of payment.
15    (m) The amendatory changes to this Section made by Public
16Act 94-696 apply only to: (1) security employees of the
17Department of Juvenile Justice employed by the Department of
18Corrections before June 1, 2006 (the effective date of Public
19Act 94-696) and transferred to the Department of Juvenile
20Justice by Public Act 94-696; and (2) persons employed by the
21Department of Juvenile Justice on or after June 1, 2006 (the
22effective date of Public Act 94-696) who are required by
23subsection (b) of Section 3-2.5-15 of the Unified Code of
24Corrections to have any bachelor's or advanced degree from an
25accredited college or university or, in the case of persons
26who provide vocational training, who are required to have

 

 

SB1692- 86 -LRB103 27282 RPS 53653 b

1adequate knowledge in the skill for which they are providing
2the vocational training.
3    (n) A person employed in a position under subsection (b)
4of this Section who has purchased service credit under
5subsection (j) of Section 14-104 or subsection (b) of Section
614-105 in any other capacity under this Article may convert up
7to 5 years of that service credit into service credit covered
8under this Section by paying to the Fund an amount equal to (1)
9the additional employee contribution required under Section
1014-133, plus (2) the additional employer contribution required
11under Section 14-131, plus (3) interest on items (1) and (2) at
12the actuarially assumed rate from the date of the service to
13the date of payment.
14    (o) Subject to the limitation in subsection (i), a
15conservation police officer, investigator for the Secretary of
16State, Commerce Commission police officer, investigator for
17the Department of Revenue or the Illinois Gaming Board, or
18arson investigator subject to subsection (g) of Section 1-160
19may elect to convert up to 8 years of service credit
20established before January 1, 2020 (the effective date of
21Public Act 101-610) as a conservation police officer,
22investigator for the Secretary of State, Commerce Commission
23police officer, investigator for the Department of Revenue or
24the Illinois Gaming Board, or arson investigator under this
25Article into eligible creditable service by filing a written
26election with the Board no later than one year after January 1,

 

 

SB1692- 87 -LRB103 27282 RPS 53653 b

12020 (the effective date of Public Act 101-610), accompanied
2by payment of an amount to be determined by the Board equal to
3(i) the difference between the amount of the employee
4contributions actually paid for that service and the amount of
5the employee contributions that would have been paid had the
6employee contributions been made as a noncovered employee
7serving in a position in which eligible creditable service, as
8defined in this Section, may be earned, plus (ii) interest
9thereon at the effective rate for each year, compounded
10annually, from the date of service to the date of payment.
11    (p) Subject to the limitation in subsection (i), an
12investigator for the Office of the Attorney General subject to
13subsection (g) of Section 1-160 may elect to convert up to 8
14years of service credit established before the effective date
15of this amendatory Act of the 102nd General Assembly as an
16investigator for the Office of the Attorney General under this
17Article into eligible creditable service by filing a written
18election with the Board no later than one year after the
19effective date of this amendatory Act of the 102nd General
20Assembly, accompanied by payment of an amount to be determined
21by the Board equal to (i) the difference between the amount of
22the employee contributions actually paid for that service and
23the amount of the employee contributions that would have been
24paid had the employee contributions been made as a noncovered
25employee serving in a position in which eligible creditable
26service, as defined in this Section, may be earned, plus (ii)

 

 

SB1692- 88 -LRB103 27282 RPS 53653 b

1interest thereon at the effective rate for each year,
2compounded annually, from the date of service to the date of
3payment.
4(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
5102-538, eff. 8-20-21; 102-956, eff. 5-27-22.)
 
6    (40 ILCS 5/14-152.1)
7    Sec. 14-152.1. Application and expiration of new benefit
8increases.
9    (a) As used in this Section, "new benefit increase" means
10an increase in the amount of any benefit provided under this
11Article, or an expansion of the conditions of eligibility for
12any benefit under this Article, that results from an amendment
13to this Code that takes effect after June 1, 2005 (the
14effective date of Public Act 94-4). "New benefit increase",
15however, does not include any benefit increase resulting from
16the changes made to Article 1 or this Article by Public Act
1796-37, Public Act 100-23, Public Act 100-587, Public Act
18100-611, Public Act 101-10, Public Act 101-610, Public Act
19102-210, Public Act 102-856, Public Act 102-956, or this
20amendatory Act of the 103rd General Assembly this amendatory
21Act of the 102nd General Assembly.
22    (b) Notwithstanding any other provision of this Code or
23any subsequent amendment to this Code, every new benefit
24increase is subject to this Section and shall be deemed to be
25granted only in conformance with and contingent upon

 

 

SB1692- 89 -LRB103 27282 RPS 53653 b

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

 

 

SB1692- 90 -LRB103 27282 RPS 53653 b

1by law.
2    (e) Except as otherwise provided in the language creating
3the new benefit increase, a new benefit increase that expires
4under this Section continues to apply to persons who applied
5and qualified for the affected benefit while the new benefit
6increase was in effect and to the affected beneficiaries and
7alternate payees of such persons, but does not apply to any
8other person, including, without limitation, a person who
9continues in service after the expiration date and did not
10apply and qualify for the affected benefit while the new
11benefit increase was in effect.
12(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
13101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
141-1-23; 102-956, eff. 5-27-22.)
 
15    Section 90. The State Mandates Act is amended by adding
16Section 8.47 as follows:
 
17    (30 ILCS 805/8.47 new)
18    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
198 of this Act, no reimbursement by the State is required for
20the implementation of any mandate created by this amendatory
21Act of the 103rd General Assembly.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.