94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0945

 

Introduced 2/2/2005, by Rep. Michael K. Smith

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-110.6   from Ch. 108 1/2, par. 3-110.6
40 ILCS 5/5-236   from Ch. 108 1/2, par. 5-236
40 ILCS 5/7-139.8   from Ch. 108 1/2, par. 7-139.8
40 ILCS 5/9-121.10   from Ch. 108 1/2, par. 9-121.10
40 ILCS 5/14-110   from Ch. 108 1/2, par. 14-110
40 ILCS 5/15-134.4   from Ch. 108 1/2, par. 15-134.4
30 ILCS 805/8.29 new

    Amends the Illinois Pension Code. Provides that an active member of the State Employees' Retirement System who is a State policeman, an investigator for the Secretary of State, or a conservation police officer may transfer to that System up to 5 years of his or her creditable service accumulated for service in a police capacity under certain other Articles of the Code. Requires payment of the difference in contributions, plus interest. Authorizes reinstatement of certain credits previously terminated by acceptance of a refund, upon repayment of the refund, plus interest. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT in relation to public employee benefits.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Pension Code is amended by changing
5 Sections 3-110.6, 5-236, 7-139.8, 9-121.10, 14-110, and
6 15-134.4 as follows:
 
7     (40 ILCS 5/3-110.6)  (from Ch. 108 1/2, par. 3-110.6)
8     Sec. 3-110.6. Transfer to Article 14 System.
9     (a) Any active member of the State Employees' Retirement
10 System who is a State policeman, an investigator for the
11 Secretary of State, a conservation police officer, an
12 investigator for the Office of the State's Attorneys Appellate
13 Prosecutor, or a controlled substance inspector may apply for
14 transfer of some or all of his or her creditable service
15 accumulated in any police pension fund under this Article to
16 the State Employees' Retirement System in accordance with
17 Section 14-110. The creditable service shall be transferred
18 only upon payment by the police pension fund to the State
19 Employees' Retirement System of an amount equal to:
20         (1) the amounts accumulated to the credit of the
21     applicant for the service to be transferred on the books of
22     the fund on the date of transfer; and
23         (2) employer contributions in an amount equal to the
24     amount determined under subparagraph (1); and
25         (3) any interest paid by the applicant in order to
26     reinstate service to be transferred.
27 Participation in the police pension fund with respect to the
28 service to be transferred shall terminate on the date of
29 transfer.
30     (b) Any person applying to transfer service under this
31 Section such investigator or inspector may reinstate service
32 that which was terminated by receipt of a refund, by paying to

 

 

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1 the police pension fund the amount of the refund with interest
2 thereon at the rate of 6% per year, compounded annually, from
3 the date of refund to the date of payment.
4 (Source: P.A. 90-32, eff. 6-27-97.)
 
5     (40 ILCS 5/5-236)  (from Ch. 108 1/2, par. 5-236)
6     Sec. 5-236. Transfer to Article 14.
7     (a) Until January 31, 1994, Any active member of the State
8 Employees' Retirement System who is a State policeman,
9 conservation police officer, or investigator for the Secretary
10 of State may apply for transfer of some or all of his or her
11 creditable service accumulated under this Article to the State
12 Employees' Retirement System in accordance with Section
13 14-110. At the time of the transfer the Fund shall pay to the
14 State Employees' Retirement System an amount equal to:
15         (1) the amounts accumulated to the credit of the
16     applicant for the service to be transferred on the books of
17     the Fund on the date of transfer; and
18         (2) the corresponding municipality credits, including
19     interest, on the books of the Fund on the date of transfer;
20     and
21         (3) any interest paid by the applicant in order to
22     reinstate service to be transferred.
23 Participation in this Fund with respect to the service to be
24 transferred shall terminate on the date of transfer.
25     (b) Until January 31, 1994, Any such State policeman,
26 conservation police officer, or investigator for the Secretary
27 of State may reinstate service that was terminated by receipt
28 of a refund, by paying to the Fund the amount of the refund
29 with interest thereon at the rate of 6% per year, compounded
30 annually, from the date of refund to the date of payment.
31     (c) Within 30 days after the effective date of this
32 amendatory Act of 1993, any active member of the State
33 Employees' Retirement System who was earning eligible
34 creditable service under subdivision (b)(12) of Section 14-110
35 on January 1, 1992 and who has at least 17 years of creditable

 

 

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1 service under this Article may apply for transfer of his
2 creditable service accumulated under this Article to the State
3 Employees' Retirement System. At the time of the transfer the
4 Fund shall pay to the State Employees' Retirement System an
5 amount equal to:
6         (1) the amounts accumulated to the credit of the
7     applicant on the books of the Fund on the date of transfer;
8     and
9         (2) the corresponding municipality credits, including
10     interest, on the books of the Fund on the date of transfer.
11 Participation in this Fund shall terminate on the date of
12 transfer.
13 (Source: P.A. 86-1488; 87-1265.)
 
14     (40 ILCS 5/7-139.8)  (from Ch. 108 1/2, par. 7-139.8)
15     Sec. 7-139.8. Transfer to Article 14 System.
16     (a) Any active member of the State Employees' Retirement
17 System who is a State policeman, an investigator for the
18 Secretary of State, a conservation police officer, an
19 investigator for the Office of the State's Attorneys Appellate
20 Prosecutor, or a controlled substance inspector may apply for
21 transfer of some or all of his or her credits and creditable
22 service accumulated in this Fund for service as a sheriff's law
23 enforcement employee to the State Employees' Retirement System
24 in accordance with Section 14-110. The creditable service shall
25 be transferred only upon payment by this Fund to the State
26 Employees' Retirement System of an amount equal to:
27         (1) the amounts accumulated to the credit of the
28     applicant for the service to be transferred as a sheriff's
29     law enforcement employee, including interest; and
30         (2) municipality credits based on such service,
31     including interest; and
32         (3) any interest paid by the applicant to reinstate
33     such service.
34 Participation in this Fund as to any credits transferred under
35 this Section shall terminate on the date of transfer.

 

 

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1     (b) Any person applying to transfer service under this
2 Section such investigator or inspector may reinstate credits
3 and creditable service terminated upon receipt of a separation
4 benefit, by paying to the Fund the amount of the separation
5 benefit plus interest thereon at the rate of 6% per year to the
6 date of payment.
7 (Source: P.A. 90-32, eff. 6-27-97.)
 
8     (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)
9     Sec. 9-121.10. Transfer to Article 14.
10     (a) Until July 1, 1993, Any active member of the State
11 Employees' Retirement System who is a State policeman,
12 investigator for the Secretary of State, or conservation police
13 officer may apply for transfer of some or all of his creditable
14 service as a member of the County Police Department accumulated
15 under this Article to the State Employees' Retirement System in
16 accordance with Section 14-110. At the time of the transfer the
17 Fund shall pay to the State Employees' Retirement System an
18 amount equal to:
19         (1) the amounts accumulated to the credit of the
20     applicant on the books of the Fund on the date of transfer
21     for the service to be transferred; and
22         (2) the corresponding municipality credits, including
23     interest, on the books of the Fund on the date of transfer;
24     and
25         (3) any interest paid by the applicant in order to
26     reinstate such service.
27 Participation in this Fund with respect to the credits
28 transferred shall terminate on the date of transfer.
29     (b) Any person applying to transfer service under this
30 Section Until July 1, 1993, any such State policeman may
31 reinstate credit for service as a member of the County Police
32 Department that was terminated by receipt of a refund, by
33 paying to the Fund the amount of the refund with interest
34 thereon at the rate of 6% per year, compounded annually, from
35 the date of refund to the date of payment.

 

 

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1 (Source: P.A. 87-1265.)
 
2     (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
3     Sec. 14-110. Alternative retirement annuity.
4     (a) Any member who has withdrawn from service with not less
5 than 20 years of eligible creditable service and has attained
6 age 55, and any member who has withdrawn from service with not
7 less than 25 years of eligible creditable service and has
8 attained age 50, regardless of whether the attainment of either
9 of the specified ages occurs while the member is still in
10 service, shall be entitled to receive at the option of the
11 member, in lieu of the regular or minimum retirement annuity, a
12 retirement annuity computed as follows:
13         (i) for periods of service as a noncovered employee: if
14     retirement occurs on or after January 1, 2001, 3% of final
15     average compensation for each year of creditable service;
16     if retirement occurs before January 1, 2001, 2 1/4% of
17     final average compensation for each of the first 10 years
18     of creditable service, 2 1/2% for each year above 10 years
19     to and including 20 years of creditable service, and 2 3/4%
20     for each year of creditable service above 20 years; and
21         (ii) for periods of eligible creditable service as a
22     covered employee: if retirement occurs on or after January
23     1, 2001, 2.5% of final average compensation for each year
24     of creditable service; if retirement occurs before January
25     1, 2001, 1.67% of final average compensation for each of
26     the first 10 years of such service, 1.90% for each of the
27     next 10 years of such service, 2.10% for each year of such
28     service in excess of 20 but not exceeding 30, and 2.30% for
29     each year in excess of 30.
30     Such annuity shall be subject to a maximum of 75% of final
31 average compensation if retirement occurs before January 1,
32 2001 or to a maximum of 80% of final average compensation if
33 retirement occurs on or after January 1, 2001.
34     These rates shall not be applicable to any service
35 performed by a member as a covered employee which is not

 

 

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1 eligible creditable service. Service as a covered employee
2 which is not eligible creditable service shall be subject to
3 the rates and provisions of Section 14-108.
4     (b) For the purpose of this Section, "eligible creditable
5 service" means creditable service resulting from service in one
6 or more of the following positions:
7         (1) State policeman;
8         (2) fire fighter in the fire protection service of a
9     department;
10         (3) air pilot;
11         (4) special agent;
12         (5) investigator for the Secretary of State;
13         (6) conservation police officer;
14         (7) investigator for the Department of Revenue;
15         (8) security employee of the Department of Human
16     Services;
17         (9) Central Management Services security police
18     officer;
19         (10) security employee of the Department of
20     Corrections;
21         (11) dangerous drugs investigator;
22         (12) investigator for the Department of State Police;
23         (13) investigator for the Office of the Attorney
24     General;
25         (14) controlled substance inspector;
26         (15) investigator for the Office of the State's
27     Attorneys Appellate Prosecutor;
28         (16) Commerce Commission police officer;
29         (17) arson investigator;
30         (18) State highway maintenance worker.
31     A person employed in one of the positions specified in this
32 subsection is entitled to eligible creditable service for
33 service credit earned under this Article while undergoing the
34 basic police training course approved by the Illinois Law
35 Enforcement Training Standards Board, if completion of that
36 training is required of persons serving in that position. For

 

 

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1 the purposes of this Code, service during the required basic
2 police training course shall be deemed performance of the
3 duties of the specified position, even though the person is not
4 a sworn peace officer at the time of the training.
5     (c) For the purposes of this Section:
6         (1) The term "state policeman" includes any title or
7     position in the Department of State Police that is held by
8     an individual employed under the State Police Act.
9         (2) The term "fire fighter in the fire protection
10     service of a department" includes all officers in such fire
11     protection service including fire chiefs and assistant
12     fire chiefs.
13         (3) The term "air pilot" includes any employee whose
14     official job description on file in the Department of
15     Central Management Services, or in the department by which
16     he is employed if that department is not covered by the
17     Personnel Code, states that his principal duty is the
18     operation of aircraft, and who possesses a pilot's license;
19     however, the change in this definition made by this
20     amendatory Act of 1983 shall not operate to exclude any
21     noncovered employee who was an "air pilot" for the purposes
22     of this Section on January 1, 1984.
23         (4) The term "special agent" means any person who by
24     reason of employment by the Division of Narcotic Control,
25     the Bureau of Investigation or, after July 1, 1977, the
26     Division of Criminal Investigation, the Division of
27     Internal Investigation, the Division of Operations, or any
28     other Division or organizational entity in the Department
29     of State Police is vested by law with duties to maintain
30     public order, investigate violations of the criminal law of
31     this State, enforce the laws of this State, make arrests
32     and recover property. The term "special agent" includes any
33     title or position in the Department of State Police that is
34     held by an individual employed under the State Police Act.
35         (5) The term "investigator for the Secretary of State"
36     means any person employed by the Office of the Secretary of

 

 

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1     State and vested with such investigative duties as render
2     him ineligible for coverage under the Social Security Act
3     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
4     218(l)(1) of that Act.
5         A person who became employed as an investigator for the
6     Secretary of State between January 1, 1967 and December 31,
7     1975, and who has served as such until attainment of age
8     60, either continuously or with a single break in service
9     of not more than 3 years duration, which break terminated
10     before January 1, 1976, shall be entitled to have his
11     retirement annuity calculated in accordance with
12     subsection (a), notwithstanding that he has less than 20
13     years of credit for such service.
14         (6) The term "Conservation Police Officer" means any
15     person employed by the Division of Law Enforcement of the
16     Department of Natural Resources and vested with such law
17     enforcement duties as render him ineligible for coverage
18     under the Social Security Act by reason of Sections
19     218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
20     term "Conservation Police Officer" includes the positions
21     of Chief Conservation Police Administrator and Assistant
22     Conservation Police Administrator.
23         (7) The term "investigator for the Department of
24     Revenue" means any person employed by the Department of
25     Revenue and vested with such investigative duties as render
26     him ineligible for coverage under the Social Security Act
27     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
28     218(l)(1) of that Act.
29         (8) The term "security employee of the Department of
30     Human Services" means any person employed by the Department
31     of Human Services who (i) is employed at the Chester Mental
32     Health Center and has daily contact with the residents
33     thereof, (ii) is employed within a security unit at a
34     facility operated by the Department and has daily contact
35     with the residents of the security unit, (iii) is employed
36     at a facility operated by the Department that includes a

 

 

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1     security unit and is regularly scheduled to work at least
2     50% of his or her working hours within that security unit,
3     or (iv) is a mental health police officer. "Mental health
4     police officer" means any person employed by the Department
5     of Human Services in a position pertaining to the
6     Department's mental health and developmental disabilities
7     functions who is vested with such law enforcement duties as
8     render the person ineligible for coverage under the Social
9     Security Act by reason of Sections 218(d)(5)(A),
10     218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
11     means that portion of a facility that is devoted to the
12     care, containment, and treatment of persons committed to
13     the Department of Human Services as sexually violent
14     persons, persons unfit to stand trial, or persons not
15     guilty by reason of insanity. With respect to past
16     employment, references to the Department of Human Services
17     include its predecessor, the Department of Mental Health
18     and Developmental Disabilities.
19         The changes made to this subdivision (c)(8) by Public
20     Act 92-14 apply to persons who retire on or after January
21     1, 2001, notwithstanding Section 1-103.1.
22         (9) "Central Management Services security police
23     officer" means any person employed by the Department of
24     Central Management Services who is vested with such law
25     enforcement duties as render him ineligible for coverage
26     under the Social Security Act by reason of Sections
27     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
28         (10) The term "security employee of the Department of
29     Corrections" means any employee of the Department of
30     Corrections or the former Department of Personnel, and any
31     member or employee of the Prisoner Review Board, who has
32     daily contact with inmates by working within a correctional
33     facility or who is a parole officer or an employee who has
34     direct contact with committed persons in the performance of
35     his or her job duties.
36         (11) The term "dangerous drugs investigator" means any

 

 

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

 

 

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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 is
11     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 if
17     the applicant were contributing at the rate applicable to
18     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
27         operator, or bridge mechanic; and whose principal
28         responsibility is to perform, on the roadway, the
29         actual maintenance necessary to keep the highways that
30         form a part of the State highway system in serviceable
31         condition for vehicular traffic.
32             (ii) A person employed on a full-time basis by the
33         Illinois State Toll Highway Authority in the position
34         of equipment operator/laborer H-4, equipment
35         operator/laborer H-6, welder H-4, welder H-6,
36         mechanical/electrical H-4, mechanical/electrical H-6,

 

 

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1         water/sewer H-4, water/sewer H-6, sign maker/hanger
2         H-4, sign maker/hanger H-6, roadway lighting H-4,
3         roadway lighting H-6, structural H-4, structural H-6,
4         painter H-4, or painter H-6; and whose principal
5         responsibility is to perform, on the roadway, the
6         actual maintenance necessary to keep the Authority's
7         tollways in serviceable condition for vehicular
8         traffic.
9     (d) A security employee of the Department of Corrections,
10 and a security employee of the Department of Human Services who
11 is not a mental health police officer, shall not be eligible
12 for the alternative retirement annuity provided by this Section
13 unless he or she meets the following minimum age and service
14 requirements at the time of retirement:
15         (i) 25 years of eligible creditable service and age 55;
16     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
27     creditable service and age 51, or 21 years of eligible
28     creditable service and age 55; or
29         (vi) beginning January 1, 1991, 25 years of eligible
30     creditable service and age 50, or 20 years of eligible
31     creditable service and age 55.
32     Persons who have service credit under Article 16 of this
33 Code for service as a security employee of the Department of
34 Corrections or the Department of Human Services in a position
35 requiring certification as a teacher may count such service
36 toward establishing their eligibility under the service

 

 

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1 requirements of this Section; but such service may be used only
2 for establishing such eligibility, and not for the purpose of
3 increasing or calculating any benefit.
4     (e) If a member enters military service while working in a
5 position in which eligible creditable service may be earned,
6 and returns to State service in the same or another such
7 position, and fulfills in all other respects the conditions
8 prescribed in this Article for credit for military service,
9 such military service shall be credited as eligible creditable
10 service for the purposes of the retirement annuity prescribed
11 in this Section.
12     (f) For purposes of calculating retirement annuities under
13 this Section, periods of service rendered after December 31,
14 1968 and before October 1, 1975 as a covered employee in the
15 position of special agent, conservation police officer, mental
16 health police officer, or investigator for the Secretary of
17 State, shall be deemed to have been service as a noncovered
18 employee, provided that the employee pays to the System prior
19 to retirement an amount equal to (1) the difference between the
20 employee contributions that would have been required for such
21 service as a noncovered employee, and the amount of employee
22 contributions actually paid, plus (2) if payment is made after
23 July 31, 1987, regular interest on the amount specified in item
24 (1) from the date of service to the date of payment.
25     For purposes of calculating retirement annuities under
26 this Section, periods of service rendered after December 31,
27 1968 and before January 1, 1982 as a covered employee in the
28 position of investigator for the Department of Revenue shall be
29 deemed to have been service as a noncovered employee, provided
30 that the employee pays to the System prior to retirement an
31 amount equal to (1) the difference between the employee
32 contributions that would have been required for such service as
33 a noncovered employee, and the amount of employee contributions
34 actually paid, plus (2) if payment is made after January 1,
35 1990, regular interest on the amount specified in item (1) from
36 the date of service to the date of payment.

 

 

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1     (g) A State policeman may elect, not later than January 1,
2 1990, to establish eligible creditable service for up to 10
3 years of his service as a policeman under Article 3, by filing
4 a written election with the Board, accompanied by payment of an
5 amount to be determined by the Board, equal to (i) the
6 difference between the amount of employee and employer
7 contributions transferred to the System under Section 3-110.5,
8 and the amounts that would have been contributed had such
9 contributions been made at the rates applicable to State
10 policemen, plus (ii) interest thereon at the effective rate for
11 each year, compounded annually, from the date of service to the
12 date of payment.
13     Subject to the limitation in subsection (i), a State
14 policeman may elect, not later than July 1, 1993, to establish
15 eligible creditable service for up to 10 years of his service
16 as a member of the County Police Department under Article 9, by
17 filing a written election with the Board, accompanied by
18 payment of an amount to be determined by the Board, equal to
19 (i) the difference between the amount of employee and employer
20 contributions transferred to the System under Section 9-121.10
21 and the amounts that would have been contributed had those
22 contributions been made at the rates applicable to State
23 policemen, plus (ii) interest thereon at the effective rate for
24 each year, compounded annually, from the date of service to the
25 date of payment.
26     (h) Subject to the limitation in subsection (i), a State
27 policeman or investigator for the Secretary of State may elect
28 to establish eligible creditable service for up to 12 years of
29 his service as a policeman under Article 5, by filing a written
30 election with the Board on or before January 31, 1992, and
31 paying to the System by January 31, 1994 an amount to be
32 determined by the Board, equal to (i) the difference between
33 the amount of employee and employer contributions transferred
34 to the System under Section 5-236, and the amounts that would
35 have been contributed had such contributions been made at the
36 rates applicable to State policemen, plus (ii) interest thereon

 

 

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1 at the effective rate for each year, compounded annually, from
2 the date of service to the date of payment.
3     Subject to the limitation in subsection (i), a State
4 policeman, conservation police officer, or investigator for
5 the Secretary of State may elect to establish eligible
6 creditable service for up to 10 years of service as a sheriff's
7 law enforcement employee under Article 7, by filing a written
8 election with the Board on or before January 31, 1993, and
9 paying to the System by January 31, 1994 an amount to be
10 determined by the Board, equal to (i) the difference between
11 the amount of employee and employer contributions transferred
12 to the System under Section 7-139.7, and the amounts that would
13 have been contributed had such contributions been made at the
14 rates applicable to State policemen, plus (ii) interest thereon
15 at the effective rate for each year, compounded annually, from
16 the date of service to the date of payment.
17     Subject to the limitation in subsection (i), a State
18 policeman, conservation police officer, or investigator for
19 the Secretary of State may elect to establish eligible
20 creditable service for up to 5 years of service as a police
21 officer under Article 3, a policeman under Article 5, a
22 sheriff's law enforcement employee under Article 7, a member of
23 the county police department under Article 9, or a police
24 officer under Article 15 by filing a written election with the
25 Board and paying to the System an amount to be determined by
26 the Board, equal to (i) the difference between the amount of
27 employee and employer contributions transferred to the System
28 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
29 and the amounts that would have been contributed had such
30 contributions been made at the rates applicable to State
31 policemen, plus (ii) interest thereon at the effective rate for
32 each year, compounded annually, from the date of service to the
33 date of payment.
34     (i) The total amount of eligible creditable service
35 established by any person under subsections (g), (h), (j), (k),
36 and (l) of this Section shall not exceed 12 years.

 

 

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

 

 

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1     (l) Subject to the limitation in subsection (i), a security
2 employee of the Department of Corrections may elect, not later
3 than July 1, 1998, to establish eligible creditable service for
4 up to 10 years of his or her service as a policeman under
5 Article 3, by filing a written election with the Board,
6 accompanied by payment of an amount to be determined by the
7 Board, equal to (i) the difference between the amount of
8 employee and employer contributions transferred to the System
9 under Section 3-110.5, and the amounts that would have been
10 contributed had such contributions been made at the rates
11 applicable to security employees of the Department of
12 Corrections, plus (ii) interest thereon at the effective rate
13 for each year, compounded annually, from the date of service to
14 the date of payment.
15 (Source: P.A. 91-357, eff. 7-29-99; 91-760, eff. 1-1-01; 92-14,
16 eff. 6-28-01; 92-257, eff. 8-6-01; 92-651, eff. 7-11-02.)
 
17     (40 ILCS 5/15-134.4)  (from Ch. 108 1/2, par. 15-134.4)
18     Sec. 15-134.4. Transfer of creditable service to the
19 Article 5 Pension Fund or Article 14 System.
20     (a) An active member of the Pension Fund established under
21 Article 5 of this Code may apply, not later than January 1,
22 1990, to transfer his or her credits and creditable service
23 accumulated under this System for service with the City
24 Colleges of Chicago teaching in the Criminal Justice Program,
25 to the Article 5 Fund. Such credits and creditable service
26 shall be transferred forthwith.
27     Payment by this System to the Article 5 Fund shall be made
28 at the same time and shall consist of:
29         (1) the amounts credited to the applicant for such
30     service through employee contributions, including
31     interest, as of the date of transfer; and
32         (2) employer contributions equal in amount to the
33     accumulated employee contributions as determined in item
34     (1).
35 Participation in this System with respect to such credits shall

 

 

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1 terminate on the date of transfer.
2     (b) Any active member of the State Employees' Retirement
3 System who is a State policeman, an investigator for the
4 Secretary of State, or a conservation police officer may apply
5 for transfer of some or all of his or her creditable service
6 accumulated in this System for service as a police officer to
7 the State Employees' Retirement System in accordance with
8 Section 14-110. The creditable service shall be transferred
9 only upon payment by this System to the State Employees'
10 Retirement System of an amount equal to:
11         (1) the amounts accumulated to the credit of the
12     applicant for the service to be transferred, including
13     interest, as of the date of transfer; and
14         (2) employer contributions equal in amount to the
15     accumulated employee contributions as determined in item
16     (1); and
17         (3) any interest paid by the applicant to reinstate
18     such service.
19 Participation in this System as to any credits transferred
20 under this Section shall terminate on the date of transfer.
21     (c) Any person applying to transfer service under
22 subsection (b) may reinstate credits and creditable service
23 terminated upon receipt of a refund by paying to the System the
24 amount of the refund plus interest thereon at the rate of 6%
25 per year from the date of the refund to the date of payment.
26 (Source: P.A. 86-273; 86-1028.)
 
27     Section 90. The State Mandates Act is amended by adding
28 Section 8.29 as follows:
 
29     (30 ILCS 805/8.29 new)
30     Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8
31 of this Act, no reimbursement by the State is required for the
32 implementation of any mandate created by this amendatory Act of
33 the 94th General Assembly.
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.