093_HB1347

 
                                     LRB093 07262 EFG 07420 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 8        (a)  Any  member  who has withdrawn from service with not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10    attained  age  55,  and  any  member  who  has withdrawn from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)  fire prevention inspector.
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 07262 EFG 07420 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 07262 EFG 07420 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
 
                            -8-      LRB093 07262 EFG 07420 b
 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)  "Fire prevention inspector" means a person who
 9        is employed by the Office of the State Fire Marshal as  a
10        Fire  Prevention Inspector I or Fire Prevention Inspector
11        II.
12        (d)  A   security   employee   of   the   Department   of
13    Corrections, and a security employee  of  the  Department  of
14    Human  Services  who  is  not a mental health police officer,
15    shall not be eligible for the alternative retirement  annuity
16    provided by this Section unless he or she meets the following
17    minimum   age   and  service  requirements  at  the  time  of
18    retirement:
19             (i)  25 years of eligible creditable service and age
20        55; or
21             (ii)  beginning  January  1,  1987,  25   years   of
22        eligible  creditable  service  and age 54, or 24 years of
23        eligible creditable service and age 55; or
24             (iii)  beginning  January  1,  1988,  25  years   of
25        eligible  creditable  service  and age 53, or 23 years of
26        eligible creditable service and age 55; or
27             (iv)  beginning  January  1,  1989,  25   years   of
28        eligible  creditable  service  and age 52, or 22 years of
29        eligible creditable service and age 55; or
30             (v)  beginning January 1, 1990, 25 years of eligible
31        creditable service and age 51, or 21  years  of  eligible
32        creditable service and age 55; or
33             (vi)  beginning   January   1,  1991,  25  years  of
34        eligible creditable service and age 50, or  20  years  of
 
                            -10-     LRB093 07262 EFG 07420 b
 1        eligible creditable service and age 55.
 2        Persons  who have service credit under Article 16 of this
 3    Code for service as a security employee of the Department  of
 4    Corrections or the Department of Human Services in a position
 5    requiring  certification  as a teacher may count such service
 6    toward  establishing  their  eligibility  under  the  service
 7    requirements of this Section; but such service  may  be  used
 8    only  for  establishing  such  eligibility,  and  not for the
 9    purpose of increasing or calculating any benefit.
10        (e)  If a member enters military service while working in
11    a position  in  which  eligible  creditable  service  may  be
12    earned,  and  returns to State service in the same or another
13    such  position,  and  fulfills  in  all  other  respects  the
14    conditions prescribed in this Article for credit for military
15    service, such military service shall be credited as  eligible
16    creditable service for the purposes of the retirement annuity
17    prescribed in this Section.
18        (f)  For  purposes  of  calculating  retirement annuities
19    under  this  Section,  periods  of  service  rendered   after
20    December  31,  1968  and  before October 1, 1975 as a covered
21    employee in  the  position  of  special  agent,  conservation
22    police officer, mental health police officer, or investigator
23    for  the  Secretary  of  State,  shall be deemed to have been
24    service as a noncovered employee, provided that the  employee
25    pays to the System prior to retirement an amount equal to (1)
26    the  difference between the employee contributions that would
27    have been required for such service as a noncovered employee,
28    and the amount of employee contributions actually paid,  plus
29    (2)  if payment is made after July 31, 1987, regular interest
30    on the amount specified in item (1) from the date of  service
31    to the date of payment.
32        For  purposes  of  calculating retirement annuities under
33    this Section, periods of service rendered after December  31,
34    1968  and before January 1, 1982 as a covered employee in the
 
                            -11-     LRB093 07262 EFG 07420 b
 1    position of investigator for the Department of Revenue  shall
 2    be  deemed  to  have  been  service as a noncovered employee,
 3    provided that the  employee  pays  to  the  System  prior  to
 4    retirement  an amount equal to (1) the difference between the
 5    employee contributions that would have been required for such
 6    service as a noncovered employee, and the amount of  employee
 7    contributions  actually  paid,  plus  (2)  if payment is made
 8    after  January  1,  1990,  regular  interest  on  the  amount
 9    specified in item (1) from the date of service to the date of
10    payment.
11        (g)  A State policeman may elect, not later than  January
12    1,  1990,  to establish eligible creditable service for up to
13    10 years of his service as a policeman under  Article  3,  by
14    filing  a  written  election  with  the Board, accompanied by
15    payment of an amount to be determined by the Board, equal  to
16    (i)  the  difference  between  the  amount  of  employee  and
17    employer   contributions  transferred  to  the  System  under
18    Section  3-110.5,  and  the  amounts  that  would  have  been
19    contributed had such contributions been  made  at  the  rates
20    applicable  to State policemen, plus (ii) interest thereon at
21    the effective rate for each year, compounded  annually,  from
22    the date of service to the date of payment.
23        Subject  to  the  limitation  in  subsection (i), a State
24    policeman  may  elect,  not  later  than  July  1,  1993,  to
25    establish eligible creditable service for up to 10  years  of
26    his service as a member of the County Police Department under
27    Article  9,  by  filing  a  written  election with the Board,
28    accompanied by payment of an amount to be determined  by  the
29    Board,  equal  to  (i)  the  difference between the amount of
30    employee and employer contributions transferred to the System
31    under Section 9-121.10 and the amounts that would  have  been
32    contributed  had  those  contributions been made at the rates
33    applicable to State policemen, plus (ii) interest thereon  at
34    the  effective  rate for each year, compounded annually, from
 
                            -12-     LRB093 07262 EFG 07420 b
 1    the date of service to the date of payment.
 2        (h)  Subject to the limitation in subsection (i), a State
 3    policeman or investigator for  the  Secretary  of  State  may
 4    elect  to  establish eligible creditable service for up to 12
 5    years of his service as  a  policeman  under  Article  5,  by
 6    filing a written election with the Board on or before January
 7    31,  1992,  and  paying  to the System by January 31, 1994 an
 8    amount to be determined  by  the  Board,  equal  to  (i)  the
 9    difference  between  the  amount  of  employee  and  employer
10    contributions  transferred to the System under Section 5-236,
11    and the amounts that would have  been  contributed  had  such
12    contributions  been  made  at  the  rates applicable to State
13    policemen, plus (ii) interest thereon at the  effective  rate
14    for  each year, compounded annually, from the date of service
15    to the date of payment.
16        Subject to the limitation  in  subsection  (i),  a  State
17    policeman,  conservation  police officer, or investigator for
18    the Secretary  of  State  may  elect  to  establish  eligible
19    creditable  service  for  up  to  10  years  of  service as a
20    sheriff's law enforcement employee under Article 7, by filing
21    a written election with the Board on or  before  January  31,
22    1993,  and paying to the System by January 31, 1994 an amount
23    to be determined by the Board, equal to  (i)  the  difference
24    between  the  amount  of  employee and employer contributions
25    transferred to the System  under  Section  7-139.7,  and  the
26    amounts   that   would   have   been   contributed  had  such
27    contributions been made at  the  rates  applicable  to  State
28    policemen,  plus  (ii) interest thereon at the effective rate
29    for each year, compounded annually, from the date of  service
30    to the date of payment.
31        (i)  The  total  amount  of  eligible  creditable service
32    established by any person under subsections  (g),  (h),  (j),
33    (k), and (l) of this Section shall not exceed 12 years.
34        (j)  Subject  to  the  limitation  in  subsection (i), an
 
                            -13-     LRB093 07262 EFG 07420 b
 1    investigator  for  the  Office  of  the   State's   Attorneys
 2    Appellate  Prosecutor or a controlled substance inspector may
 3    elect to establish eligible creditable service for up  to  10
 4    years  of  his  service  as  a policeman under Article 3 or a
 5    sheriff's law enforcement employee under Article 7, by filing
 6    a written election with the Board, accompanied by payment  of
 7    an  amount  to  be  determined by the Board, equal to (1) the
 8    difference  between  the  amount  of  employee  and  employer
 9    contributions transferred to the System under Section 3-110.6
10    or 7-139.8, and the amounts that would have been  contributed
11    had  such  contributions been made at the rates applicable to
12    State policemen, plus (2) interest thereon at  the  effective
13    rate  for  each  year,  compounded annually, from the date of
14    service to the date of payment.
15        (k)  Subject to the limitation in subsection (i) of  this
16    Section,   an  alternative  formula  employee  may  elect  to
17    establish eligible creditable service for periods spent as  a
18    full-time  law  enforcement  officer or full-time corrections
19    officer employed by the federal government or by a  state  or
20    local  government  located  outside  of  Illinois,  for which
21    credit is not held in any other public employee pension  fund
22    or  retirement  system.  To obtain this credit, the applicant
23    must file a written application with the Board by  March  31,
24    1998,  accompanied  by  evidence of eligibility acceptable to
25    the Board and payment of an amount to be  determined  by  the
26    Board,  equal  to  (1)  employee contributions for the credit
27    being established, based upon the applicant's salary  on  the
28    first  day  as  an  alternative  formula  employee  after the
29    employment for which credit  is  being  established  and  the
30    rates  then applicable to alternative formula employees, plus
31    (2) an amount determined by the Board to  be  the  employer's
32    normal  cost  of  the  benefits  accrued for the credit being
33    established, plus (3) regular  interest  on  the  amounts  in
34    items  (1)  and  (2)  from  the  first  day as an alternative
 
                            -14-     LRB093 07262 EFG 07420 b
 1    formula employee after the employment  for  which  credit  is
 2    being established to the date of payment.
 3        (l)  Subject  to  the  limitation  in  subsection  (i), a
 4    security employee of the Department of Corrections may elect,
 5    not later than July 1, 1998, to establish eligible creditable
 6    service for up to 10  years  of  his  or  her  service  as  a
 7    policeman  under Article 3, by filing a written election with
 8    the  Board,  accompanied  by  payment  of  an  amount  to  be
 9    determined by the Board, equal to (i) the difference  between
10    the amount of employee and employer contributions transferred
11    to  the  System  under  Section 3-110.5, and the amounts that
12    would have been contributed had such contributions been  made
13    at   the  rates  applicable  to  security  employees  of  the
14    Department of Corrections, plus (ii) interest thereon at  the
15    effective  rate  for each year, compounded annually, from the
16    date of service to the date of payment.
17    (Source: P.A. 91-357,  eff.  7-29-99;  91-760,  eff.  1-1-01;
18    92-14,  eff.  6-28-01;  92-257,  eff.  8-6-01;  92-651,  eff.
19    7-11-02.)

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