94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5236

 

Introduced 1/24/2006, by Rep. Robert S. Molaro

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/9-121.10   from Ch. 108 1/2, par. 9-121.10
40 ILCS 5/14-110   from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-152.1

    Amends the Cook County and State Employee Articles of the Illinois Pension Code. Allows a controlled substance inspector employed by the Department of Financial and Professional Regulation to transfer up to 15 years of service as an investigator with the Cook County State's Attorney's Office accumulated under the Cook County Article to the State Employees' Retirement System of Illinois. Includes language exempting the changes from the new benefit increase provisions. Effective immediately.


LRB094 18785 AMC 54187 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5236 LRB094 18785 AMC 54187 b

1     AN ACT concerning 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 9-121.10, 14-110, and 14-152.1 as follows:
 
6     (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)
7     Sec. 9-121.10. Transfer to Article 14.
8     (a) Until July 1, 1993, any active member of the State
9 Employees' Retirement System who is a State policeman may apply
10 for transfer of some or all of his creditable service as a
11 member of the County Police Department accumulated under this
12 Article to the State Employees' Retirement System. At the time
13 of the transfer the Fund shall pay to the State Employees'
14 Retirement System an amount equal to:
15         (1) the amounts accumulated to the credit of the
16     applicant on the books of the Fund on the date of transfer
17     for the service to be transferred; 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 such service.
23     Participation in this Fund with respect to the credits
24 transferred shall terminate on the date of transfer.
25     (b) Until July 1, 1993, any such State policeman may
26 reinstate credit for service as a member of the County Police
27 Department that was terminated by receipt of a refund, by
28 paying to the Fund the amount of the refund with interest
29 thereon at the rate of 6% per year, compounded annually, from
30 the date of refund to the date of payment.
31     (c) Until July 1, 2007, any active member of the State
32 Employees' Retirement System who is employed by the Department

 

 

HB5236 - 2 - LRB094 18785 AMC 54187 b

1 of Financial and Professional Regulation as a controlled
2 substance inspector may apply for transfer of up to 15 years of
3 his or her creditable service as an investigator with the Cook
4 County State's Attorney's Office accumulated under this
5 Article to the State Employees' Retirement System. At the time
6 of the transfer, the Fund shall pay to the State Employees'
7 Retirement System an amount equal to:
8         (1) the amounts accumulated to the credit of the
9     applicant on the books of the Fund on the date of transfer
10     for the service to be transferred;
11         (2) the corresponding municipality credits, including
12     interest, on the books of the Fund on the date of transfer;
13     and
14         (3) any interest paid by the applicant in order to
15     reinstate that service.
16 (Source: P.A. 87-1265.)
 
17     (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
18     (Text of Section before amendment by P.A. 94-696)
19     Sec. 14-110. Alternative retirement annuity.
20     (a) Any member who has withdrawn from service with not less
21 than 20 years of eligible creditable service and has attained
22 age 55, and any member who has withdrawn from service with not
23 less than 25 years of eligible creditable service and has
24 attained age 50, regardless of whether the attainment of either
25 of the specified ages occurs while the member is still in
26 service, shall be entitled to receive at the option of the
27 member, in lieu of the regular or minimum retirement annuity, a
28 retirement annuity computed as follows:
29         (i) for periods of service as a noncovered employee: if
30     retirement occurs on or after January 1, 2001, 3% of final
31     average compensation for each year of creditable service;
32     if retirement occurs before January 1, 2001, 2 1/4% of
33     final average compensation for each of the first 10 years
34     of creditable service, 2 1/2% for each year above 10 years
35     to and including 20 years of creditable service, and 2 3/4%

 

 

HB5236 - 3 - LRB094 18785 AMC 54187 b

1     for each year of creditable service above 20 years; and
2         (ii) for periods of eligible creditable service as a
3     covered employee: if retirement occurs on or after January
4     1, 2001, 2.5% of final average compensation for each year
5     of creditable service; if retirement occurs before January
6     1, 2001, 1.67% of final average compensation for each of
7     the first 10 years of such service, 1.90% for each of the
8     next 10 years of such service, 2.10% for each year of such
9     service in excess of 20 but not exceeding 30, and 2.30% for
10     each year in excess of 30.
11     Such annuity shall be subject to a maximum of 75% of final
12 average compensation if retirement occurs before January 1,
13 2001 or to a maximum of 80% of final average compensation if
14 retirement occurs on or after January 1, 2001.
15     These rates shall not be applicable to any service
16 performed by a member as a covered employee which is not
17 eligible creditable service. Service as a covered employee
18 which is not eligible creditable service shall be subject to
19 the rates and provisions of Section 14-108.
20     (b) For the purpose of this Section, "eligible creditable
21 service" means creditable service resulting from service in one
22 or more of the following positions:
23         (1) State policeman;
24         (2) fire fighter in the fire protection service of a
25     department;
26         (3) air pilot;
27         (4) special agent;
28         (5) investigator for the Secretary of State;
29         (6) conservation police officer;
30         (7) investigator for the Department of Revenue;
31         (8) security employee of the Department of Human
32     Services;
33         (9) Central Management Services security police
34     officer;
35         (10) security employee of the Department of
36     Corrections;

 

 

HB5236 - 4 - LRB094 18785 AMC 54187 b

1         (11) dangerous drugs investigator;
2         (12) investigator for the Department of State Police;
3         (13) investigator for the Office of the Attorney
4     General;
5         (14) controlled substance inspector;
6         (15) investigator for the Office of the State's
7     Attorneys Appellate Prosecutor;
8         (16) Commerce Commission police officer;
9         (17) arson investigator;
10         (18) State highway maintenance worker.
11     A person employed in one of the positions specified in this
12 subsection is entitled to eligible creditable service for
13 service credit earned under this Article while undergoing the
14 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 not
20 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 or
23     position in the Department of State Police that is held by
24     an individual employed under the State Police Act.
25         (2) The term "fire fighter in the fire protection
26     service of a department" includes all officers in such fire
27     protection service including fire chiefs and assistant
28     fire chiefs.
29         (3) The term "air pilot" includes any employee whose
30     official job description on file in the Department of
31     Central Management Services, or in the department by which
32     he is employed if that department is not covered by the
33     Personnel Code, states that his principal duty is the
34     operation of aircraft, and who possesses a pilot's license;
35     however, the change in this definition made by this
36     amendatory Act of 1983 shall not operate to exclude any

 

 

HB5236 - 5 - LRB094 18785 AMC 54187 b

1     noncovered employee who was an "air pilot" for the purposes
2     of this Section on January 1, 1984.
3         (4) The term "special agent" means any person who by
4     reason of employment by the Division of Narcotic Control,
5     the Bureau of Investigation or, after July 1, 1977, the
6     Division of Criminal Investigation, the Division of
7     Internal Investigation, the Division of Operations, or any
8     other Division or organizational entity in the Department
9     of State Police is vested by law with duties to maintain
10     public order, investigate violations of the criminal law of
11     this State, enforce the laws of this State, make arrests
12     and recover property. The term "special agent" includes any
13     title or position in the Department of State Police that is
14     held by an individual employed under the State Police Act.
15         (5) The term "investigator for the Secretary of State"
16     means any person employed by the Office of the Secretary of
17     State and vested with such investigative duties as render
18     him ineligible for coverage under the Social Security Act
19     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
20     218(l)(1) of that Act.
21         A person who became employed as an investigator for the
22     Secretary of State between January 1, 1967 and December 31,
23     1975, and who has served as such until attainment of age
24     60, either continuously or with a single break in service
25     of not more than 3 years duration, which break terminated
26     before January 1, 1976, shall be entitled to have his
27     retirement annuity calculated in accordance with
28     subsection (a), notwithstanding that he has less than 20
29     years of credit for such service.
30         (6) The term "Conservation Police Officer" means any
31     person employed by the Division of Law Enforcement of the
32     Department of Natural Resources and vested with such law
33     enforcement duties as render him ineligible for coverage
34     under the Social Security Act by reason of Sections
35     218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
36     term "Conservation Police Officer" includes the positions

 

 

HB5236 - 6 - LRB094 18785 AMC 54187 b

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

 

 

HB5236 - 7 - LRB094 18785 AMC 54187 b

1     1, 2001, notwithstanding Section 1-103.1.
2         (9) "Central Management Services security police
3     officer" means any person employed by the Department of
4     Central Management Services who is vested with such law
5     enforcement duties as render him ineligible for coverage
6     under the Social Security Act by reason of Sections
7     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
8         (10) For a member who first became an employee under
9     this Article before July 1, 2005, the term "security
10     employee of the Department of Corrections" means any
11     employee of the Department of Corrections or the former
12     Department of Personnel, and any member or employee of the
13     Prisoner Review Board, who has daily contact with inmates
14     by working within a correctional facility or who is a
15     parole officer or an employee who has direct contact with
16     committed persons in the performance of his or her job
17     duties. For a member who first becomes an employee under
18     this Article on or after July 1, 2005, the term means an
19     employee of the Department of Corrections who is any of the
20     following: (i) officially headquartered at a correctional
21     facility, (ii) a parole officer, (iii) a member of the
22     apprehension unit, (iv) a member of the intelligence unit,
23     (v) a member of the sort team, or (vi) an investigator.
24         (11) The term "dangerous drugs investigator" means any
25     person who is employed as such by the Department of Human
26     Services.
27         (12) The term "investigator for the Department of State
28     Police" means a person employed by the Department of State
29     Police who is vested under Section 4 of the Narcotic
30     Control Division Abolition Act with such law enforcement
31     powers as render him ineligible for coverage under the
32     Social Security Act by reason of Sections 218(d)(5)(A),
33     218(d)(8)(D) and 218(l)(1) of that Act.
34         (13) "Investigator for the Office of the Attorney
35     General" means any person who is employed as such by the
36     Office of the Attorney General and is vested with such

 

 

HB5236 - 8 - LRB094 18785 AMC 54187 b

1     investigative duties as render him ineligible for coverage
2     under the Social Security Act by reason of Sections
3     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
4     the period before January 1, 1989, the term includes all
5     persons who were employed as investigators by the Office of
6     the Attorney General, without regard to social security
7     status.
8         (14) "Controlled substance inspector" means any person
9     who is employed as such by the Department of Professional
10     Regulation and is vested with such law enforcement duties
11     as render him ineligible for coverage under the Social
12     Security Act by reason of Sections 218(d)(5)(A),
13     218(d)(8)(D) and 218(l)(1) of that Act. The term
14     "controlled substance inspector" includes the Program
15     Executive of Enforcement and the Assistant Program
16     Executive of Enforcement.
17         (15) The term "investigator for the Office of the
18     State's Attorneys Appellate Prosecutor" means a person
19     employed in that capacity on a full time basis under the
20     authority of Section 7.06 of the State's Attorneys
21     Appellate Prosecutor's Act.
22         (16) "Commerce Commission police officer" means any
23     person employed by the Illinois Commerce Commission who is
24     vested with such law enforcement duties as render him
25     ineligible for coverage under the Social Security Act by
26     reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
27     218(l)(1) of that Act.
28         (17) "Arson investigator" means any person who is
29     employed as such by the Office of the State Fire Marshal
30     and is vested with such law enforcement duties as render
31     the person ineligible for coverage under the Social
32     Security Act by reason of Sections 218(d)(5)(A),
33     218(d)(8)(D), and 218(l)(1) of that Act. A person who was
34     employed as an arson investigator on January 1, 1995 and is
35     no longer in service but not yet receiving a retirement
36     annuity may convert his or her creditable service for

 

 

HB5236 - 9 - LRB094 18785 AMC 54187 b

1     employment as an arson investigator into eligible
2     creditable service by paying to the System the difference
3     between the employee contributions actually paid for that
4     service and the amounts that would have been contributed if
5     the applicant were contributing at the rate applicable to
6     persons with the same social security status earning
7     eligible creditable service on the date of application.
8         (18) The term "State highway maintenance worker" means
9     a person who is either of the following:
10             (i) A person employed on a full-time basis by the
11         Illinois Department of Transportation in the position
12         of highway maintainer, highway maintenance lead
13         worker, highway maintenance lead/lead worker, heavy
14         construction equipment operator, power shovel
15         operator, or bridge mechanic; and whose principal
16         responsibility is to perform, on the roadway, the
17         actual maintenance necessary to keep the highways that
18         form a part of the State highway system in serviceable
19         condition for vehicular traffic.
20             (ii) A person employed on a full-time basis by the
21         Illinois State Toll Highway Authority in the position
22         of equipment operator/laborer H-4, equipment
23         operator/laborer H-6, welder H-4, welder H-6,
24         mechanical/electrical H-4, mechanical/electrical H-6,
25         water/sewer H-4, water/sewer H-6, sign maker/hanger
26         H-4, sign maker/hanger H-6, roadway lighting H-4,
27         roadway lighting H-6, structural H-4, structural H-6,
28         painter H-4, or painter H-6; and whose principal
29         responsibility is to perform, on the roadway, the
30         actual maintenance necessary to keep the Authority's
31         tollways in serviceable condition for vehicular
32         traffic.
33     (d) A security employee of the Department of Corrections,
34 and a security employee of the Department of Human Services who
35 is not a mental health police officer, shall not be eligible
36 for the alternative retirement annuity provided by this Section

 

 

HB5236 - 10 - LRB094 18785 AMC 54187 b

1 unless he or she meets the following minimum age and service
2 requirements at the time of retirement:
3         (i) 25 years of eligible creditable service and age 55;
4     or
5         (ii) beginning January 1, 1987, 25 years of eligible
6     creditable service and age 54, or 24 years of eligible
7     creditable service and age 55; or
8         (iii) beginning January 1, 1988, 25 years of eligible
9     creditable service and age 53, or 23 years of eligible
10     creditable service and age 55; or
11         (iv) beginning January 1, 1989, 25 years of eligible
12     creditable service and age 52, or 22 years of eligible
13     creditable service and age 55; or
14         (v) beginning January 1, 1990, 25 years of eligible
15     creditable service and age 51, or 21 years of eligible
16     creditable service and age 55; or
17         (vi) beginning January 1, 1991, 25 years of eligible
18     creditable service and age 50, or 20 years of eligible
19     creditable service and age 55.
20     Persons who have service credit under Article 16 of this
21 Code for service as a security employee of the Department of
22 Corrections or the Department of Human Services in a position
23 requiring certification as a teacher may count such service
24 toward establishing their eligibility under the service
25 requirements of this Section; but such service may be used only
26 for establishing such eligibility, and not for the purpose of
27 increasing or calculating any benefit.
28     (e) If a member enters military service while working in a
29 position in which eligible creditable service may be earned,
30 and returns to State service in the same or another such
31 position, and fulfills in all other respects the conditions
32 prescribed in this Article for credit for military service,
33 such military service shall be credited as eligible creditable
34 service for the purposes of the retirement annuity prescribed
35 in this Section.
36     (f) For purposes of calculating retirement annuities under

 

 

HB5236 - 11 - LRB094 18785 AMC 54187 b

1 this Section, periods of service rendered after December 31,
2 1968 and before October 1, 1975 as a covered employee in the
3 position of special agent, conservation police officer, mental
4 health police officer, or investigator for the Secretary of
5 State, shall be deemed to have been service as a noncovered
6 employee, provided that the employee pays to the System prior
7 to retirement an amount equal to (1) the difference between the
8 employee contributions that would have been required for such
9 service as a noncovered employee, and the amount of employee
10 contributions actually paid, plus (2) if payment is made after
11 July 31, 1987, regular interest on the amount specified in item
12 (1) from the date of service to the date of payment.
13     For purposes of calculating retirement annuities under
14 this Section, periods of service rendered after December 31,
15 1968 and before January 1, 1982 as a covered employee in the
16 position of investigator for the Department of Revenue shall be
17 deemed to have been service as a noncovered employee, provided
18 that the employee pays to the System prior to retirement an
19 amount equal to (1) the difference between the employee
20 contributions that would have been required for such service as
21 a noncovered employee, and the amount of employee contributions
22 actually paid, plus (2) if payment is made after January 1,
23 1990, regular interest on the amount specified in item (1) from
24 the date of service to the date of payment.
25     (g) A State policeman may elect, not later than January 1,
26 1990, to establish eligible creditable service for up to 10
27 years of his service as a policeman under Article 3, by filing
28 a written election with the Board, accompanied by payment of an
29 amount to be determined by the Board, equal to (i) the
30 difference between the amount of employee and employer
31 contributions transferred to the System under Section 3-110.5,
32 and the amounts that would have been contributed had such
33 contributions been made at the rates applicable to State
34 policemen, plus (ii) interest thereon at the effective rate for
35 each year, compounded annually, from the date of service to the
36 date of payment.

 

 

HB5236 - 12 - LRB094 18785 AMC 54187 b

1     Subject to the limitation in subsection (i), a State
2 policeman may elect, not later than July 1, 1993, to establish
3 eligible creditable service for up to 10 years of his service
4 as a member of the County Police Department under Article 9, by
5 filing a written election with the Board, accompanied by
6 payment of an amount to be determined by the Board, equal to
7 (i) the difference between the amount of employee and employer
8 contributions transferred to the System under Section 9-121.10
9 and the amounts that would have been contributed had those
10 contributions been made at the rates applicable to State
11 policemen, plus (ii) interest thereon at the effective rate for
12 each year, compounded annually, from the date of service to the
13 date of payment.
14     (h) Subject to the limitation in subsection (i), a State
15 policeman or investigator for the Secretary of State may elect
16 to establish eligible creditable service for up to 12 years of
17 his service as a policeman under Article 5, by filing a written
18 election with the Board on or before January 31, 1992, and
19 paying to the System by January 31, 1994 an amount to be
20 determined by the Board, equal to (i) the difference between
21 the amount of employee and employer contributions transferred
22 to the System under Section 5-236, and the amounts that would
23 have been contributed had such contributions been made at the
24 rates applicable to State policemen, plus (ii) interest thereon
25 at the effective rate for each year, compounded annually, from
26 the date of service to the date of payment.
27     Subject to the limitation in subsection (i), a State
28 policeman, conservation police officer, or investigator for
29 the Secretary of State may elect to establish eligible
30 creditable service for up to 10 years of service as a sheriff's
31 law enforcement employee under Article 7, by filing a written
32 election with the Board on or before January 31, 1993, and
33 paying to the System by January 31, 1994 an amount to be
34 determined by the Board, equal to (i) the difference between
35 the amount of employee and employer contributions transferred
36 to the System under Section 7-139.7, and the amounts that would

 

 

HB5236 - 13 - LRB094 18785 AMC 54187 b

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

 

 

HB5236 - 14 - LRB094 18785 AMC 54187 b

1 credit is being established and the rates then applicable to
2 alternative formula employees, plus (2) an amount determined by
3 the Board to be the employer's normal cost of the benefits
4 accrued for the credit being established, plus (3) regular
5 interest on the amounts in items (1) and (2) from the first day
6 as an alternative formula employee after the employment for
7 which credit is being established to the date of payment.
8     (l) Subject to the limitation in subsection (i), a security
9 employee of the Department of Corrections may elect, not later
10 than July 1, 1998, to establish eligible creditable service for
11 up to 10 years of his or her service as a policeman under
12 Article 3, by filing a written election with the Board,
13 accompanied by payment of an amount to be determined by the
14 Board, equal to (i) the difference between the amount of
15 employee and employer contributions transferred to the System
16 under Section 3-110.5, and the amounts that would have been
17 contributed had such contributions been made at the rates
18 applicable to security employees of the Department of
19 Corrections, plus (ii) interest thereon at the effective rate
20 for each year, compounded annually, from the date of service to
21 the date of payment.
22     (n) A controlled substance inspector may elect to establish
23 eligible creditable service for up to 15 years of his or her
24 service as an investigator with the Cook County State's
25 Attorney's Office under Article 9, by filing a written election
26 with the Board not later than July 1, 2007, accompanied by
27 payment of an amount to be determined by the Board, equal to
28 (i) the difference between the amount of employee and employer
29 contributions transferred to the System under Section
30 9-121.10, and the amounts that would have been contributed had
31 such contributions been made at the rates applicable to
32 controlled substance inspectors, plus (ii) interest thereon at
33 the effective rate for each year, compounded annually, from the
34 date of service to the date of payment.
35 (Source: P.A. 94-4, eff. 6-1-05.)
 

 

 

HB5236 - 15 - LRB094 18785 AMC 54187 b

1     (Text of Section after amendment by P.A. 94-696)
2     Sec. 14-110. Alternative retirement annuity.
3     (a) Any member who has withdrawn from service with not less
4 than 20 years of eligible creditable service and has attained
5 age 55, and any member who has withdrawn from service with not
6 less than 25 years of eligible creditable service and has
7 attained age 50, regardless of whether the attainment of either
8 of the specified ages occurs while the member is still in
9 service, shall be entitled to receive at the option of the
10 member, in lieu of the regular or minimum retirement annuity, a
11 retirement annuity computed as follows:
12         (i) for periods of service as a noncovered employee: if
13     retirement occurs on or after January 1, 2001, 3% of final
14     average compensation for each year of creditable service;
15     if retirement occurs before January 1, 2001, 2 1/4% of
16     final average compensation for each of the first 10 years
17     of creditable service, 2 1/2% for each year above 10 years
18     to and including 20 years of creditable service, and 2 3/4%
19     for each year of creditable service above 20 years; and
20         (ii) for periods of eligible creditable service as a
21     covered employee: if retirement occurs on or after January
22     1, 2001, 2.5% of final average compensation for each year
23     of creditable service; if retirement occurs before January
24     1, 2001, 1.67% of final average compensation for each of
25     the first 10 years of such service, 1.90% for each of the
26     next 10 years of such service, 2.10% for each year of such
27     service in excess of 20 but not exceeding 30, and 2.30% for
28     each year in excess of 30.
29     Such annuity shall be subject to a maximum of 75% of final
30 average compensation if retirement occurs before January 1,
31 2001 or to a maximum of 80% of final average compensation if
32 retirement occurs on or after January 1, 2001.
33     These rates shall not be applicable to any service
34 performed by a member as a covered employee which is not
35 eligible creditable service. Service as a covered employee
36 which is not eligible creditable service shall be subject to

 

 

HB5236 - 16 - LRB094 18785 AMC 54187 b

1 the rates and provisions of Section 14-108.
2     (b) For the purpose of this Section, "eligible creditable
3 service" means creditable service resulting from service in one
4 or more of the following positions:
5         (1) State policeman;
6         (2) fire fighter in the fire protection service of a
7     department;
8         (3) air pilot;
9         (4) special agent;
10         (5) investigator for the Secretary of State;
11         (6) conservation police officer;
12         (7) investigator for the Department of Revenue;
13         (8) security employee of the Department of Human
14     Services;
15         (9) Central Management Services security police
16     officer;
17         (10) security employee of the Department of
18     Corrections or the Department of Juvenile Justice;
19         (11) dangerous drugs investigator;
20         (12) investigator for the Department of State Police;
21         (13) investigator for the Office of the Attorney
22     General;
23         (14) controlled substance inspector;
24         (15) investigator for the Office of the State's
25     Attorneys Appellate Prosecutor;
26         (16) Commerce Commission police officer;
27         (17) arson investigator;
28         (18) State highway maintenance worker.
29     A person employed in one of the positions specified in this
30 subsection is entitled to eligible creditable service for
31 service credit earned under this Article while undergoing the
32 basic police training course approved by the Illinois Law
33 Enforcement Training Standards Board, if completion of that
34 training is required of persons serving in that position. For
35 the purposes of this Code, service during the required basic
36 police training course shall be deemed performance of the

 

 

HB5236 - 17 - LRB094 18785 AMC 54187 b

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

 

 

HB5236 - 18 - LRB094 18785 AMC 54187 b

1     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
2     218(l)(1) of that Act.
3         A person who became employed as an investigator for the
4     Secretary of State between January 1, 1967 and December 31,
5     1975, and who has served as such until attainment of age
6     60, either continuously or with a single break in service
7     of not more than 3 years duration, which break terminated
8     before January 1, 1976, shall be entitled to have his
9     retirement annuity calculated in accordance with
10     subsection (a), notwithstanding that he has less than 20
11     years of credit for such service.
12         (6) The term "Conservation Police Officer" means any
13     person employed by the Division of Law Enforcement of the
14     Department of Natural Resources and vested with such law
15     enforcement duties as render him ineligible for coverage
16     under the Social Security Act by reason of Sections
17     218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
18     term "Conservation Police Officer" includes the positions
19     of Chief Conservation Police Administrator and Assistant
20     Conservation Police Administrator.
21         (7) The term "investigator for the Department of
22     Revenue" means any person employed by the Department of
23     Revenue and vested with such investigative duties as render
24     him ineligible for coverage under the Social Security Act
25     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
26     218(l)(1) of that Act.
27         (8) The term "security employee of the Department of
28     Human Services" means any person employed by the Department
29     of Human Services who (i) is employed at the Chester Mental
30     Health Center and has daily contact with the residents
31     thereof, (ii) is employed within a security unit at a
32     facility operated by the Department and has daily contact
33     with the residents of the security unit, (iii) is employed
34     at a facility operated by the Department that includes a
35     security unit and is regularly scheduled to work at least
36     50% of his or her working hours within that security unit,

 

 

HB5236 - 19 - LRB094 18785 AMC 54187 b

1     or (iv) is a mental health police officer. "Mental health
2     police officer" means any person employed by the Department
3     of Human Services in a position pertaining to the
4     Department's mental health and developmental disabilities
5     functions who is vested with such law enforcement duties as
6     render the person ineligible for coverage under the Social
7     Security Act by reason of Sections 218(d)(5)(A),
8     218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
9     means that portion of a facility that is devoted to the
10     care, containment, and treatment of persons committed to
11     the Department of Human Services as sexually violent
12     persons, persons unfit to stand trial, or persons not
13     guilty by reason of insanity. With respect to past
14     employment, references to the Department of Human Services
15     include its predecessor, the Department of Mental Health
16     and Developmental Disabilities.
17         The changes made to this subdivision (c)(8) by Public
18     Act 92-14 apply to persons who retire on or after January
19     1, 2001, notwithstanding Section 1-103.1.
20         (9) "Central Management Services security police
21     officer" means any person employed by the Department of
22     Central Management Services who is vested with such law
23     enforcement duties as render him ineligible for coverage
24     under the Social Security Act by reason of Sections
25     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
26         (10) For a member who first became an employee under
27     this Article before July 1, 2005, the term "security
28     employee of the Department of Corrections or the Department
29     of Juvenile Justice" means any employee of the Department
30     of Corrections or the Department of Juvenile Justice or the
31     former Department of Personnel, and any member or employee
32     of the Prisoner Review Board, who has daily contact with
33     inmates or youth by working within a correctional facility
34     or Juvenile facility operated by the Department of Juvenile
35     Justice or who is a parole officer or an employee who has
36     direct contact with committed persons in the performance of

 

 

HB5236 - 20 - LRB094 18785 AMC 54187 b

1     his or her job duties. For a member who first becomes an
2     employee under this Article on or after July 1, 2005, the
3     term means an employee of the Department of Corrections or
4     the Department of Juvenile Justice who is any of the
5     following: (i) officially headquartered at a correctional
6     facility or Juvenile facility operated by the Department of
7     Juvenile Justice, (ii) a parole officer, (iii) a member of
8     the apprehension unit, (iv) a member of the intelligence
9     unit, (v) a member of the sort team, or (vi) an
10     investigator.
11         (11) The term "dangerous drugs investigator" means any
12     person who is employed as such by the Department of Human
13     Services.
14         (12) The term "investigator for the Department of State
15     Police" means a person employed by the Department of State
16     Police who is vested under Section 4 of the Narcotic
17     Control Division Abolition Act with such law enforcement
18     powers as render him ineligible for coverage under the
19     Social Security Act by reason of Sections 218(d)(5)(A),
20     218(d)(8)(D) and 218(l)(1) of that Act.
21         (13) "Investigator for the Office of the Attorney
22     General" means any person who is employed as such by the
23     Office of the Attorney General and is vested with such
24     investigative duties as render him ineligible for coverage
25     under the Social Security Act by reason of Sections
26     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
27     the period before January 1, 1989, the term includes all
28     persons who were employed as investigators by the Office of
29     the Attorney General, without regard to social security
30     status.
31         (14) "Controlled substance inspector" means any person
32     who is employed as such by the Department of Professional
33     Regulation and is vested with such law enforcement duties
34     as render him ineligible for coverage under the Social
35     Security Act by reason of Sections 218(d)(5)(A),
36     218(d)(8)(D) and 218(l)(1) of that Act. The term

 

 

HB5236 - 21 - LRB094 18785 AMC 54187 b

1     "controlled substance inspector" includes the Program
2     Executive of Enforcement and the Assistant Program
3     Executive of Enforcement.
4         (15) The term "investigator for the Office of the
5     State's Attorneys Appellate Prosecutor" means a person
6     employed in that capacity on a full time basis under the
7     authority of Section 7.06 of the State's Attorneys
8     Appellate Prosecutor's Act.
9         (16) "Commerce Commission police officer" means any
10     person employed by the Illinois Commerce Commission who is
11     vested with such law enforcement duties as render him
12     ineligible for coverage under the Social Security Act by
13     reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
14     218(l)(1) of that Act.
15         (17) "Arson investigator" means any person who is
16     employed as such by the Office of the State Fire Marshal
17     and is vested with such law enforcement duties as render
18     the person ineligible for coverage under the Social
19     Security Act by reason of Sections 218(d)(5)(A),
20     218(d)(8)(D), and 218(l)(1) of that Act. A person who was
21     employed as an arson investigator on January 1, 1995 and is
22     no longer in service but not yet receiving a retirement
23     annuity may convert his or her creditable service for
24     employment as an arson investigator into eligible
25     creditable service by paying to the System the difference
26     between the employee contributions actually paid for that
27     service and the amounts that would have been contributed if
28     the applicant were contributing at the rate applicable to
29     persons with the same social security status earning
30     eligible creditable service on the date of application.
31         (18) The term "State highway maintenance worker" means
32     a person who is either of the following:
33             (i) A person employed on a full-time basis by the
34         Illinois Department of Transportation in the position
35         of highway maintainer, highway maintenance lead
36         worker, highway maintenance lead/lead worker, heavy

 

 

HB5236 - 22 - LRB094 18785 AMC 54187 b

1         construction equipment operator, power shovel
2         operator, or bridge mechanic; and whose principal
3         responsibility is to perform, on the roadway, the
4         actual maintenance necessary to keep the highways that
5         form a part of the State highway system in serviceable
6         condition for vehicular traffic.
7             (ii) A person employed on a full-time basis by the
8         Illinois State Toll Highway Authority in the position
9         of equipment operator/laborer H-4, equipment
10         operator/laborer H-6, welder H-4, welder H-6,
11         mechanical/electrical H-4, mechanical/electrical H-6,
12         water/sewer H-4, water/sewer H-6, sign maker/hanger
13         H-4, sign maker/hanger H-6, roadway lighting H-4,
14         roadway lighting H-6, structural H-4, structural H-6,
15         painter H-4, or painter H-6; and whose principal
16         responsibility is to perform, on the roadway, the
17         actual maintenance necessary to keep the Authority's
18         tollways in serviceable condition for vehicular
19         traffic.
20     (d) A security employee of the Department of Corrections or
21 the Department of Juvenile Justice, and a security employee of
22 the Department of Human Services who is not a mental health
23 police officer, shall not be eligible for the alternative
24 retirement annuity provided by this Section unless he or she
25 meets the following minimum age and service requirements at the
26 time of retirement:
27         (i) 25 years of eligible creditable service and age 55;
28     or
29         (ii) beginning January 1, 1987, 25 years of eligible
30     creditable service and age 54, or 24 years of eligible
31     creditable service and age 55; or
32         (iii) beginning January 1, 1988, 25 years of eligible
33     creditable service and age 53, or 23 years of eligible
34     creditable service and age 55; or
35         (iv) beginning January 1, 1989, 25 years of eligible
36     creditable service and age 52, or 22 years of eligible

 

 

HB5236 - 23 - LRB094 18785 AMC 54187 b

1     creditable service and age 55; or
2         (v) beginning January 1, 1990, 25 years of eligible
3     creditable service and age 51, or 21 years of eligible
4     creditable service and age 55; or
5         (vi) beginning January 1, 1991, 25 years of eligible
6     creditable service and age 50, or 20 years of eligible
7     creditable service and age 55.
8     Persons who have service credit under Article 16 of this
9 Code for service as a security employee of the Department of
10 Corrections or the Department of Juvenile Justice, or the
11 Department of Human Services in a position requiring
12 certification as a teacher may count such service toward
13 establishing their eligibility under the service requirements
14 of this Section; but such service may be used only for
15 establishing such eligibility, and not for the purpose of
16 increasing or calculating any benefit.
17     (e) If a member enters military service while working in a
18 position in which eligible creditable service may be earned,
19 and returns to State service in the same or another such
20 position, and fulfills in all other respects the conditions
21 prescribed in this Article for credit for military service,
22 such military service shall be credited as eligible creditable
23 service for the purposes of the retirement annuity prescribed
24 in this Section.
25     (f) For purposes of calculating retirement annuities under
26 this Section, periods of service rendered after December 31,
27 1968 and before October 1, 1975 as a covered employee in the
28 position of special agent, conservation police officer, mental
29 health police officer, or investigator for the Secretary of
30 State, shall be deemed to have been service as a noncovered
31 employee, provided that the employee pays to the System prior
32 to retirement an amount equal to (1) the difference between the
33 employee contributions that would have been required for such
34 service as a noncovered employee, and the amount of employee
35 contributions actually paid, plus (2) if payment is made after
36 July 31, 1987, regular interest on the amount specified in item

 

 

HB5236 - 24 - LRB094 18785 AMC 54187 b

1 (1) from the date of service to the date of payment.
2     For purposes of calculating retirement annuities under
3 this Section, periods of service rendered after December 31,
4 1968 and before January 1, 1982 as a covered employee in the
5 position of investigator for the Department of Revenue shall be
6 deemed to have been service as a noncovered employee, provided
7 that the employee pays to the System prior to retirement an
8 amount equal to (1) the difference between the employee
9 contributions that would have been required for such service as
10 a noncovered employee, and the amount of employee contributions
11 actually paid, plus (2) if payment is made after January 1,
12 1990, regular interest on the amount specified in item (1) from
13 the date of service to the date of payment.
14     (g) A State policeman may elect, not later than January 1,
15 1990, to establish eligible creditable service for up to 10
16 years of his service as a policeman under Article 3, by filing
17 a written election with the Board, accompanied by payment of an
18 amount to be determined by the Board, equal to (i) the
19 difference between the amount of employee and employer
20 contributions transferred to the System under Section 3-110.5,
21 and the amounts that would have been contributed had such
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     Subject to the limitation in subsection (i), a State
27 policeman may elect, not later than July 1, 1993, to establish
28 eligible creditable service for up to 10 years of his service
29 as a member of the County Police Department under Article 9, by
30 filing a written election with the Board, accompanied by
31 payment of an amount to be determined by the Board, equal to
32 (i) the difference between the amount of employee and employer
33 contributions transferred to the System under Section 9-121.10
34 and the amounts that would have been contributed had those
35 contributions been made at the rates applicable to State
36 policemen, plus (ii) interest thereon at the effective rate for

 

 

HB5236 - 25 - LRB094 18785 AMC 54187 b

1 each year, compounded annually, from the date of service to the
2 date of payment.
3     (h) Subject to the limitation in subsection (i), a State
4 policeman or investigator for the Secretary of State may elect
5 to establish eligible creditable service for up to 12 years of
6 his service as a policeman under Article 5, by filing a written
7 election with the Board on or before January 31, 1992, and
8 paying to the System by January 31, 1994 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 5-236, and the amounts that would
12 have been contributed had such contributions been made at the
13 rates applicable to State policemen, plus (ii) interest thereon
14 at the effective rate for each year, compounded annually, from
15 the date of service 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 sheriff's
20 law enforcement employee under Article 7, by filing a written
21 election with the Board on or before January 31, 1993, and
22 paying to the System by January 31, 1994 an amount to be
23 determined by the Board, equal to (i) the difference between
24 the amount of employee and employer contributions transferred
25 to the System under Section 7-139.7, and the amounts that would
26 have been contributed had such contributions been made at the
27 rates applicable to State policemen, plus (ii) interest thereon
28 at the effective rate for each year, compounded annually, from
29 the date of service to the date of payment.
30     (i) The total amount of eligible creditable service
31 established by any person under subsections (g), (h), (j), (k),
32 and (l) of this Section shall not exceed 12 years.
33     (j) Subject to the limitation in subsection (i), an
34 investigator for the Office of the State's Attorneys Appellate
35 Prosecutor or a controlled substance inspector may elect to
36 establish eligible creditable service for up to 10 years of his

 

 

HB5236 - 26 - LRB094 18785 AMC 54187 b

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

 

 

HB5236 - 27 - LRB094 18785 AMC 54187 b

1 Article 3, by filing a written election with the Board,
2 accompanied by payment of an amount to be determined by the
3 Board, equal to (i) the difference between the amount of
4 employee and employer contributions transferred to the System
5 under Section 3-110.5, and the amounts that would have been
6 contributed had such contributions been made at the rates
7 applicable to security employees of the Department of
8 Corrections, plus (ii) interest thereon at the effective rate
9 for each year, compounded annually, from the date of service to
10 the date of payment.
11     (m) The amendatory changes to this Section made by this
12 amendatory Act of the 94th General Assembly apply only to: (1)
13 security employees of the Department of Juvenile Justice
14 employed by the Department of Corrections before the effective
15 date of this amendatory Act of the 94th General Assembly and
16 transferred to the Department of Juvenile Justice by this
17 amendatory Act of the 94th General Assembly; and (2) persons
18 employed by the Department of Juvenile Justice on or after the
19 effective date of this amendatory Act of the 94th General
20 Assembly who are required by subsection (b) of Section 3-2.5-15
21 of the Unified Code of Corrections to have a bachelor's or
22 advanced degree from an accredited college or university with a
23 specialization in criminal justice, education, psychology,
24 social work, or a closely related social science or, in the
25 case of persons who provide vocational training, who are
26 required to have adequate knowledge in the skill for which they
27 are providing the vocational training.
28     (n) A controlled substance inspector may elect to establish
29 eligible creditable service for up to 15 years of his or her
30 service as an investigator with the Cook County State's
31 Attorney's Office under Article 9, by filing a written election
32 with the Board not later than July 1, 2007, accompanied by
33 payment of an amount to be determined by the Board, equal to
34 (i) the difference between the amount of employee and employer
35 contributions transferred to the System under Section
36 9-121.10, and the amounts that would have been contributed had

 

 

HB5236 - 28 - LRB094 18785 AMC 54187 b

1 such contributions been made at the rates applicable to
2 controlled substance inspectors, plus (ii) interest thereon at
3 the effective rate for each year, compounded annually, from the
4 date of service to the date of payment.
5 (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06.)
 
6     (40 ILCS 5/14-152.1)
7     Sec. 14-152.1. Application and expiration of new benefit
8 increases.
9     (a) As used in this Section, "new benefit increase" means
10 an increase in the amount of any benefit provided under this
11 Article, or an expansion of the conditions of eligibility for
12 any benefit under this Article, that results from an amendment
13 to this Code that takes effect after June 1, 2005 (the
14 effective date of Public Act 94-4) this amendatory Act of the
15 94th General Assembly. "New benefit increase", however, does
16 not include any benefit increase resulting from the changes
17 made to this Article by this amendatory Act of the 94th General
18 Assembly.
19     (b) Notwithstanding any other provision of this Code or any
20 subsequent amendment to this Code, every new benefit increase
21 is subject to this Section and shall be deemed to be granted
22 only in conformance with and contingent upon compliance with
23 the provisions of this Section.
24     (c) The Public Act enacting a new benefit increase must
25 identify and provide for payment to the System of additional
26 funding at least sufficient to fund the resulting annual
27 increase in cost to the System as it accrues.
28     Every new benefit increase is contingent upon the General
29 Assembly providing the additional funding required under this
30 subsection. The Commission on Government Forecasting and
31 Accountability shall analyze whether adequate additional
32 funding has been provided for the new benefit increase and
33 shall report its analysis to the Public Pension Division of the
34 Department of Financial and Professional Regulation. A new
35 benefit increase created by a Public Act that does not include

 

 

HB5236 - 29 - LRB094 18785 AMC 54187 b

1 the additional funding required under this subsection is null
2 and void. If the Public Pension Division determines that the
3 additional funding provided for a new benefit increase under
4 this subsection is or has become inadequate, it may so certify
5 to the Governor and the State Comptroller and, in the absence
6 of corrective action by the General Assembly, the new benefit
7 increase shall expire at the end of the fiscal year in which
8 the certification is made.
9     (d) Every new benefit increase shall expire 5 years after
10 its effective date or on such earlier date as may be specified
11 in the language enacting the new benefit increase or provided
12 under subsection (c). This does not prevent the General
13 Assembly from extending or re-creating a new benefit increase
14 by law.
15     (e) Except as otherwise provided in the language creating
16 the new benefit increase, a new benefit increase that expires
17 under this Section continues to apply to persons who applied
18 and qualified for the affected benefit while the new benefit
19 increase was in effect and to the affected beneficiaries and
20 alternate payees of such persons, but does not apply to any
21 other person, including without limitation a person who
22 continues in service after the expiration date and did not
23 apply and qualify for the affected benefit while the new
24 benefit increase was in effect.
25 (Source: P.A. 94-4, eff. 6-1-05.)
 
26     Section 95. No acceleration or delay. Where this Act makes
27 changes in a statute that is represented in this Act by text
28 that is not yet or no longer in effect (for example, a Section
29 represented by multiple versions), the use of that text does
30 not accelerate or delay the taking effect of (i) the changes
31 made by this Act or (ii) provisions derived from any other
32 Public Act.
 
33     Section 99. Effective date. This Act takes effect upon
34 becoming law.