093_HB1346

 
                                     LRB093 07253 EFG 07411 b

 1        AN ACT in relation to public employee benefits.

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

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing Section 14-110 as follows:

 6        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
 7        Sec. 14-110.  Alternative retirement annuity.
 8        (a)  Any  member  who has withdrawn from service with not
 9    less than 20 years of eligible  creditable  service  and  has
10    attained  age  55,  and  any  member  who  has withdrawn from
11    service with not less than 25 years  of  eligible  creditable
12    service  and  has  attained age 50, regardless of whether the
13    attainment of either of the specified ages occurs  while  the
14    member  is  still in service, shall be entitled to receive at
15    the option of the member, in lieu of the regular  or  minimum
16    retirement   annuity,   a  retirement   annuity  computed  as
17    follows:
18             (i)  for  periods  of  service   as   a   noncovered
19        employee:  if  retirement  occurs  on or after January 1,
20        2001, 3% of final average compensation for each  year  of
21        creditable  service;  if retirement occurs before January
22        1, 2001, 2 1/4% of final average compensation for each of
23        the first 10 years of creditable service, 2 1/2% for each
24        year  above  10  years  to  and  including  20  years  of
25        creditable  service,  and  2  3/4%  for  each   year   of
26        creditable service above 20 years; and
27             (ii)  for  periods of eligible creditable service as
28        a covered employee: if  retirement  occurs  on  or  after
29        January  1,  2001, 2.5% of final average compensation for
30        each year of creditable  service;  if  retirement  occurs
31        before   January   1,   2001,   1.67%  of  final  average
 
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 1        compensation for each of  the  first  10  years  of  such
 2        service,  1.90%  for  each  of  the next 10 years of such
 3        service, 2.10% for each year of such service in excess of
 4        20 but not exceeding 30,  and  2.30%  for  each  year  in
 5        excess of 30.
 6        Such  annuity  shall  be  subject  to a maximum of 75% of
 7    final  average  compensation  if  retirement  occurs   before
 8    January  1,  2001  or  to  a  maximum of 80% of final average
 9    compensation if retirement occurs  on  or  after  January  1,
10    2001.
11        These  rates  shall  not  be  applicable  to  any service
12    performed by a member as a  covered  employee  which  is  not
13    eligible  creditable  service.  Service as a covered employee
14    which is not eligible creditable service shall be subject  to
15    the rates and provisions of Section 14-108.
16        (b)  For   the   purpose   of   this  Section,  "eligible
17    creditable service" means creditable service  resulting  from
18    service in one or more of the following positions:
19             (1)  State policeman;
20             (2)  fire  fighter in the fire protection service of
21        a department;
22             (3)  air pilot;
23             (4)  special agent;
24             (5)  investigator for the Secretary of State;
25             (6)  conservation police officer;
26             (7)  investigator for the Department of Revenue;
27             (8)  security employee of the  Department  of  Human
28        Services;
29             (9)  Central  Management  Services  security  police
30        officer;
31             (10)  security   employee   of   the  Department  of
32        Corrections;
33             (11)  dangerous drugs investigator;
34             (12)  investigator  for  the  Department  of   State
 
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 1        Police;
 2             (13)  investigator  for  the  Office of the Attorney
 3        General;
 4             (14)  controlled substance inspector;
 5             (15)  investigator for the  Office  of  the  State's
 6        Attorneys Appellate Prosecutor;
 7             (16)  Commerce Commission police officer;
 8             (17)  arson investigator;
 9             (18)  State highway maintenance worker;
10             (19)  automotive mechanic.
11        A  person  employed  in one of the positions specified in
12    this subsection is entitled to  eligible  creditable  service
13    for service credit earned under this Article while undergoing
14    the basic police training course approved by the Illinois Law
15    Enforcement  Training  Standards Board, if completion of that
16    training is required of persons serving in that position. For
17    the purposes of this Code, service during the required  basic
18    police  training  course  shall  be deemed performance of the
19    duties of the specified position, even though the  person  is
20    not a sworn peace officer at the time of the training.
21        (c)  For the purposes of this Section:
22             (1)  The  term  "state policeman" includes any title
23        or position in the Department of  State  Police  that  is
24        held  by  an  individual  employed under the State Police
25        Act.
26             (2)  The term "fire fighter in the  fire  protection
27        service  of  a  department" includes all officers in such
28        fire  protection  service  including  fire   chiefs   and
29        assistant fire chiefs.
30             (3)  The  term  "air  pilot"  includes  any employee
31        whose official job description on file in the  Department
32        of  Central  Management Services, or in the department by
33        which he is employed if that department is not covered by
34        the Personnel Code, states that his principal duty is the
 
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 1        operation  of  aircraft,  and  who  possesses  a  pilot's
 2        license; however, the change in this definition  made  by
 3        this  amendatory Act of 1983 shall not operate to exclude
 4        any noncovered employee who was an "air  pilot"  for  the
 5        purposes of this Section on January 1, 1984.
 6             (4)  The  term  "special agent" means any person who
 7        by reason of  employment  by  the  Division  of  Narcotic
 8        Control,  the  Bureau  of Investigation or, after July 1,
 9        1977,  the  Division  of  Criminal   Investigation,   the
10        Division  of  Internal  Investigation,  the  Division  of
11        Operations,  or  any  other  Division  or  organizational
12        entity in the Department of State Police is vested by law
13        with   duties   to  maintain  public  order,  investigate
14        violations of the criminal law of this State, enforce the
15        laws of this State, make arrests  and  recover  property.
16        The  term  "special agent" includes any title or position
17        in the Department of State Police  that  is  held  by  an
18        individual employed under the State Police Act.
19             (5)  The  term  "investigator  for  the Secretary of
20        State" means any person employed by  the  Office  of  the
21        Secretary  of  State  and  vested with such investigative
22        duties as render him ineligible for  coverage  under  the
23        Social  Security  Act by reason of Sections 218(d)(5)(A),
24        218(d)(8)(D) and 218(l)(1) of that Act.
25             A person who became employed as an investigator  for
26        the  Secretary  of  State  between  January  1,  1967 and
27        December 31, 1975, and  who  has  served  as  such  until
28        attainment  of  age  60,  either  continuously  or with a
29        single  break  in  service  of  not  more  than  3  years
30        duration, which break terminated before January 1,  1976,
31        shall   be   entitled  to  have  his  retirement  annuity
32        calculated    in   accordance   with   subsection    (a),
33        notwithstanding  that he has less than 20 years of credit
34        for such service.
 
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 1             (6)  The term "Conservation  Police  Officer"  means
 2        any person employed by the Division of Law Enforcement of
 3        the  Department of Natural Resources and vested with such
 4        law enforcement  duties  as  render  him  ineligible  for
 5        coverage  under  the  Social  Security  Act  by reason of
 6        Sections 218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1)  of
 7        that   Act.    The  term  "Conservation  Police  Officer"
 8        includes  the  positions  of  Chief  Conservation  Police
 9        Administrator   and   Assistant    Conservation    Police
10        Administrator.
11             (7)  The  term  "investigator  for the Department of
12        Revenue" means any person employed by the  Department  of
13        Revenue  and  vested  with  such  investigative duties as
14        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.
17             (8)  The term "security employee of  the  Department
18        of  Human  Services"  means  any  person  employed by the
19        Department of Human Services who (i) is employed  at  the
20        Chester  Mental  Health Center and has daily contact with
21        the residents thereof, (ii) is employed within a security
22        unit at a facility operated by  the  Department  and  has
23        daily  contact  with  the residents of the security unit,
24        (iii)  is  employed  at  a  facility  operated   by   the
25        Department that includes a security unit and is regularly
26        scheduled  to  work  at  least  50% of his or her working
27        hours within that security unit,  or  (iv)  is  a  mental
28        health  police  officer.  "Mental  health police officer"
29        means any person employed  by  the  Department  of  Human
30        Services  in  a  position  pertaining to the Department's
31        mental health and  developmental  disabilities  functions
32        who  is vested with such law enforcement duties as render
33        the person  ineligible  for  coverage  under  the  Social
34        Security   Act   by   reason  of  Sections  218(d)(5)(A),
 
                            -6-      LRB093 07253 EFG 07411 b
 1        218(d)(8)(D) and 218(l)(1) of that Act.  "Security  unit"
 2        means  that  portion of a facility that is devoted to the
 3        care, containment, and treatment of persons committed  to
 4        the  Department  of  Human  Services  as sexually violent
 5        persons, persons unfit to stand  trial,  or  persons  not
 6        guilty  by  reason  of  insanity.   With  respect to past
 7        employment,  references  to  the  Department   of   Human
 8        Services  include  its  predecessor,  the  Department  of
 9        Mental Health and Developmental Disabilities.
10             The  changes  made  to  this  subdivision  (c)(8) by
11        Public Act 92-14 apply to persons who retire on or  after
12        January 1, 2001, notwithstanding Section 1-103.1.
13             (9)  "Central  Management  Services  security police
14        officer" means any person employed by the  Department  of
15        Central  Management  Services who is vested with such law
16        enforcement duties as render him ineligible for  coverage
17        under  the  Social  Security  Act  by  reason of Sections
18        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
19             (10)  The term "security employee of the  Department
20        of  Corrections"  means any employee of the Department of
21        Corrections or the former Department  of  Personnel,  and
22        any  member or employee of the Prisoner Review Board, who
23        has daily  contact  with  inmates  by  working  within  a
24        correctional  facility  or  who is a parole officer or an
25        employee who has direct contact with committed persons in
26        the performance of his or her job duties.
27             (11)  The term "dangerous drugs investigator"  means
28        any  person  who is employed as such by the Department of
29        Human Services.
30             (12)  The term "investigator for the  Department  of
31        State  Police"  means a person employed by the Department
32        of State Police who is vested  under  Section  4  of  the
33        Narcotic  Control  Division  Abolition  Act with such law
34        enforcement powers as render him ineligible for  coverage
 
                            -7-      LRB093 07253 EFG 07411 b
 1        under  the  Social  Security  Act  by  reason of Sections
 2        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
 3             (13)  "Investigator for the Office of  the  Attorney
 4        General"  means any person who is employed as such by the
 5        Office of the Attorney General and is  vested  with  such
 6        investigative   duties   as  render  him  ineligible  for
 7        coverage under the  Social  Security  Act  by  reason  of
 8        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
 9        Act.   For  the  period  before January 1, 1989, the term
10        includes all persons who were employed  as  investigators
11        by  the Office of the Attorney General, without regard to
12        social security status.
13             (14)  "Controlled  substance  inspector"  means  any
14        person who is employed  as  such  by  the  Department  of
15        Professional  Regulation  and  is  vested  with  such law
16        enforcement duties as render him ineligible for  coverage
17        under  the  Social  Security  Act  by  reason of Sections
18        218(d)(5)(A), 218(d)(8)(D) and  218(l)(1)  of  that  Act.
19        The  term  "controlled  substance inspector" includes the
20        Program  Executive  of  Enforcement  and  the   Assistant
21        Program Executive of Enforcement.
22             (15)  The  term  "investigator for the Office of the
23        State's Attorneys Appellate Prosecutor"  means  a  person
24        employed  in that capacity on a full time basis under the
25        authority  of  Section  7.06  of  the  State's  Attorneys
26        Appellate Prosecutor's Act.
27             (16)  "Commerce Commission police officer" means any
28        person employed by the Illinois Commerce  Commission  who
29        is  vested with such law enforcement duties as render him
30        ineligible for coverage under the Social Security Act  by
31        reason   of   Sections  218(d)(5)(A),  218(d)(8)(D),  and
32        218(l)(1) of that Act.
33             (17)  "Arson investigator" means any person  who  is
34        employed  as such by the Office of the State Fire Marshal
 
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 1        and is vested with such law enforcement duties as  render
 2        the  person  ineligible  for  coverage  under  the Social
 3        Security  Act  by  reason   of   Sections   218(d)(5)(A),
 4        218(d)(8)(D),  and  218(l)(1)  of that Act.  A person who
 5        was employed as an arson investigator on January 1,  1995
 6        and  is  no  longer  in  service  but not yet receiving a
 7        retirement annuity may  convert  his  or  her  creditable
 8        service  for  employment  as  an  arson investigator into
 9        eligible creditable service by paying to the  System  the
10        difference  between  the  employee contributions actually
11        paid for that service and the  amounts  that  would  have
12        been  contributed  if  the applicant were contributing at
13        the rate applicable  to  persons  with  the  same  social
14        security  status  earning  eligible creditable service on
15        the date of application.
16             (18)  The term "State  highway  maintenance  worker"
17        means a person who is either of the following:
18                  (i)  A  person employed on a full-time basis by
19             the Illinois Department  of  Transportation  in  the
20             position  of highway maintainer, highway maintenance
21             lead worker, highway maintenance  lead/lead  worker,
22             heavy  construction equipment operator, power shovel
23             operator, or bridge mechanic;  and  whose  principal
24             responsibility  is  to  perform, on the roadway, the
25             actual maintenance necessary to  keep  the  highways
26             that  form  a  part  of  the State highway system in
27             serviceable condition for vehicular traffic.
28                  (ii)  A person employed on a full-time basis by
29             the Illinois State Toll  Highway  Authority  in  the
30             position    of   equipment   operator/laborer   H-4,
31             equipment   operator/laborer   H-6,   welder    H-4,
32             welder       H-6,     mechanical/electrical     H-4,
33             mechanical/electrical    H-6,    water/sewer    H-4,
34             water/sewer  H-6,  sign   maker/hanger   H-4,   sign
 
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 1             maker/hanger  H-6,  roadway  lighting  H-4,  roadway
 2             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 "automotive mechanic" means a  person
 9        who  is  employed  as  such  on  a full-time basis by the
10        Department  of  Central  Management   Services   or   the
11        Department  of  Transportation  and  who  is  assigned to
12        retrieve or repair State vehicles on  State  highways  or
13        tollways.
14        (d)  A   security   employee   of   the   Department   of
15    Corrections,  and  a  security  employee of the Department of
16    Human Services who is not a  mental  health  police  officer,
17    shall  not be eligible for the alternative retirement annuity
18    provided by this Section unless he or she meets the following
19    minimum  age  and  service  requirements  at  the   time   of
20    retirement:
21             (i)  25 years of eligible creditable service and age
22        55; or
23             (ii)  beginning   January   1,  1987,  25  years  of
24        eligible creditable service and age 54, or  24  years  of
25        eligible creditable service and age 55; or
26             (iii)  beginning   January  1,  1988,  25  years  of
27        eligible creditable service and age 53, or  23  years  of
28        eligible creditable service and age 55; or
29             (iv)  beginning   January   1,  1989,  25  years  of
30        eligible creditable service and age 52, or  22  years  of
31        eligible creditable service and age 55; or
32             (v)  beginning January 1, 1990, 25 years of eligible
33        creditable  service  and  age 51, or 21 years of eligible
34        creditable service and age 55; or
 
                            -10-     LRB093 07253 EFG 07411 b
 1             (vi)  beginning  January  1,  1991,  25   years   of
 2        eligible  creditable  service  and age 50, or 20 years of
 3        eligible creditable service and age 55.
 4        Persons who have service credit under Article 16 of  this
 5    Code  for service as a security employee of the Department of
 6    Corrections or the Department of Human Services in a position
 7    requiring certification as a teacher may count  such  service
 8    toward  establishing  their  eligibility  under  the  service
 9    requirements  of  this  Section; but such service may be used
10    only for establishing  such  eligibility,  and  not  for  the
11    purpose of increasing or calculating any benefit.
12        (e)  If a member enters military service while working in
13    a  position  in  which  eligible  creditable  service  may be
14    earned, and returns to State service in the same  or  another
15    such  position,  and  fulfills  in  all  other  respects  the
16    conditions prescribed in this Article for credit for military
17    service,  such military service shall be credited as eligible
18    creditable service for the purposes of the retirement annuity
19    prescribed in this Section.
20        (f)  For purposes  of  calculating  retirement  annuities
21    under   this  Section,  periods  of  service  rendered  after
22    December 31, 1968 and before October 1,  1975  as  a  covered
23    employee  in  the  position  of  special  agent, conservation
24    police officer, mental health police officer, or investigator
25    for the Secretary of State, shall  be  deemed  to  have  been
26    service  as a noncovered employee, provided that the employee
27    pays to the System prior to retirement an amount equal to (1)
28    the difference between the employee contributions that  would
29    have been required for such service as a noncovered employee,
30    and  the amount of employee contributions actually paid, plus
31    (2) if payment is made after July 31, 1987, regular  interest
32    on  the amount specified in item (1) from the date of service
33    to the date of payment.
34        For purposes of calculating  retirement  annuities  under
 
                            -11-     LRB093 07253 EFG 07411 b
 1    this  Section, periods of service rendered after December 31,
 2    1968 and before January 1, 1982 as a covered employee in  the
 3    position  of investigator for the Department of Revenue shall
 4    be deemed to have been  service  as  a  noncovered  employee,
 5    provided  that  the  employee  pays  to  the  System prior to
 6    retirement an amount equal to (1) the difference between  the
 7    employee contributions that would have been required for such
 8    service  as a noncovered employee, and the amount of employee
 9    contributions actually paid, plus  (2)  if  payment  is  made
10    after  January  1,  1990,  regular  interest  on  the  amount
11    specified in item (1) from the date of service to the date of
12    payment.
13        (g)  A  State policeman may elect, not later than January
14    1, 1990, to establish eligible creditable service for  up  to
15    10  years  of  his service as a policeman under Article 3, by
16    filing a written election  with  the  Board,  accompanied  by
17    payment  of an amount to be determined by the Board, equal to
18    (i)  the  difference  between  the  amount  of  employee  and
19    employer  contributions  transferred  to  the  System   under
20    Section  3-110.5,  and  the  amounts  that  would  have  been
21    contributed  had  such  contributions  been made at the rates
22    applicable to State policemen, plus (ii) interest thereon  at
23    the  effective  rate for each year, compounded annually, from
24    the date of service to the date of payment.
25        Subject to the limitation  in  subsection  (i),  a  State
26    policeman  may  elect,  not  later  than  July  1,  1993,  to
27    establish  eligible  creditable service for up to 10 years of
28    his service as a member of the County Police Department under
29    Article 9, by filing  a  written  election  with  the  Board,
30    accompanied  by  payment of an amount to be determined by the
31    Board, equal to (i) the  difference  between  the  amount  of
32    employee and employer contributions transferred to the System
33    under  Section  9-121.10 and the amounts that would have been
34    contributed had those contributions been made  at  the  rates
 
                            -12-     LRB093 07253 EFG 07411 b
 1    applicable  to State policemen, plus (ii) interest thereon at
 2    the effective rate for each year, compounded  annually,  from
 3    the date of service to the date of payment.
 4        (h)  Subject to the limitation in subsection (i), a State
 5    policeman  or  investigator  for  the  Secretary of State may
 6    elect to establish eligible creditable service for up  to  12
 7    years  of  his  service  as  a  policeman under Article 5, by
 8    filing a written election with the Board on or before January
 9    31, 1992, and paying to the System by  January  31,  1994  an
10    amount  to  be  determined  by  the  Board,  equal to (i) the
11    difference  between  the  amount  of  employee  and  employer
12    contributions transferred to the System under Section  5-236,
13    and  the  amounts  that  would have been contributed had such
14    contributions been made at  the  rates  applicable  to  State
15    policemen,  plus  (ii) interest thereon at the effective rate
16    for each year, compounded annually, from the date of  service
17    to the date of payment.
18        Subject  to  the  limitation  in  subsection (i), a State
19    policeman, conservation police officer, or  investigator  for
20    the  Secretary  of  State  may  elect  to  establish eligible
21    creditable service for  up  to  10  years  of  service  as  a
22    sheriff's law enforcement employee under Article 7, by filing
23    a  written  election  with the Board on or before January 31,
24    1993, and paying to the System by January 31, 1994 an  amount
25    to  be  determined  by the Board, equal to (i) the difference
26    between the amount of  employee  and  employer  contributions
27    transferred  to  the  System  under  Section 7-139.7, and the
28    amounts  that  would   have   been   contributed   had   such
29    contributions  been  made  at  the  rates applicable to State
30    policemen, plus (ii) interest thereon at the  effective  rate
31    for  each year, compounded annually, from the date of service
32    to the date of payment.
33        (i)  The total  amount  of  eligible  creditable  service
34    established  by  any  person under subsections (g), (h), (j),
 
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 1    (k), and (l) of this Section shall not exceed 12 years.
 2        (j)  Subject to the  limitation  in  subsection  (i),  an
 3    investigator   for   the  Office  of  the  State's  Attorneys
 4    Appellate Prosecutor or a controlled substance inspector  may
 5    elect  to  establish eligible creditable service for up to 10
 6    years of his service as a policeman  under  Article  3  or  a
 7    sheriff's law enforcement employee under Article 7, by filing
 8    a  written election with the Board, accompanied by payment of
 9    an amount to be determined by the Board,  equal  to  (1)  the
10    difference  between  the  amount  of  employee  and  employer
11    contributions transferred to the System under Section 3-110.6
12    or  7-139.8, and the amounts that would have been contributed
13    had such contributions been made at the rates  applicable  to
14    State  policemen,  plus (2) interest thereon at the effective
15    rate for each year, compounded annually,  from  the  date  of
16    service to the date of payment.
17        (k)  Subject  to the limitation in subsection (i) of this
18    Section,  an  alternative  formula  employee  may  elect   to
19    establish  eligible creditable service for periods spent as a
20    full-time law enforcement officer  or  full-time  corrections
21    officer  employed  by the federal government or by a state or
22    local government  located  outside  of  Illinois,  for  which
23    credit  is not held in any other public employee pension fund
24    or retirement system.  To obtain this credit,  the  applicant
25    must  file  a written application with the Board by March 31,
26    1998, accompanied by evidence of  eligibility  acceptable  to
27    the  Board  and  payment of an amount to be determined by the
28    Board, equal to (1) employee  contributions  for  the  credit
29    being  established,  based upon the applicant's salary on the
30    first day  as  an  alternative  formula  employee  after  the
31    employment  for  which  credit  is  being established and the
32    rates then applicable to alternative formula employees,  plus
33    (2)  an  amount  determined by the Board to be the employer's
34    normal cost of the benefits  accrued  for  the  credit  being
 
                            -14-     LRB093 07253 EFG 07411 b
 1    established,  plus  (3)  regular  interest  on the amounts in
 2    items (1) and (2)  from  the  first  day  as  an  alternative
 3    formula  employee  after  the  employment for which credit is
 4    being established to the date of payment.
 5        (l)  Subject to  the  limitation  in  subsection  (i),  a
 6    security employee of the Department of Corrections may elect,
 7    not later than July 1, 1998, to establish eligible creditable
 8    service  for  up  to  10  years  of  his  or her service as a
 9    policeman under Article 3, by filing a written election  with
10    the  Board,  accompanied  by  payment  of  an  amount  to  be
11    determined  by the Board, equal to (i) the difference between
12    the amount of employee and employer contributions transferred
13    to the System under Section 3-110.5,  and  the  amounts  that
14    would  have been contributed had such contributions been made
15    at  the  rates  applicable  to  security  employees  of   the
16    Department  of Corrections, plus (ii) interest thereon at the
17    effective rate for each year, compounded annually,  from  the
18    date of service to the date of payment.
19    (Source: P.A.  91-357,  eff.  7-29-99;  91-760,  eff. 1-1-01;
20    92-14,  eff.  6-28-01;  92-257,  eff.  8-6-01;  92-651,  eff.
21    7-11-02.)

22        Section 99. Effective date.  This Act takes  effect  upon
23    becoming law.