Personnel and Pensions Committee

Filed: 2/20/2009

 

 


 

 


 
09600HB0519ham001 LRB096 04706 AMC 21633 a

1
AMENDMENT TO HOUSE BILL 519

2     AMENDMENT NO. ______. Amend House Bill 519 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Pension Code is amended by
5 changing Sections 3-110.6, 5-236, 7-139.8, 9-121.10, 14-110,
6 and 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 Attorney General, an
13 investigator for the Office of the State's Attorneys Appellate
14 Prosecutor, or a controlled substance inspector may apply for
15 transfer of some or all of his or her creditable service
16 accumulated in any police pension fund under this Article to

 

 

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1 the State Employees' Retirement System in accordance with
2 Section 14-110. The creditable service shall be transferred
3 only upon payment by the police pension fund to the State
4 Employees' Retirement System of an amount equal to:
5         (1) the amounts accumulated to the credit of the
6     applicant for the service to be transferred on the books of
7     the fund on the date of transfer; and
8         (2) employer contributions in an amount equal to the
9     amount determined under subparagraph (1); and
10         (3) any interest paid by the applicant in order to
11     reinstate service to be transferred.
12 Participation in the police pension fund with respect to the
13 service to be transferred shall terminate on the date of
14 transfer.
15     (b) Any person applying to transfer service under this
16 Section may reinstate service that was terminated by receipt of
17 a refund, by paying to the police pension fund the amount of
18 the refund with interest thereon at the actuarially assumed
19 rate of interest rate of 6% per year, compounded annually, from
20 the date of refund to the date of payment.
21 (Source: P.A. 95-530, eff. 8-28-07.)
 
22     (40 ILCS 5/5-236)  (from Ch. 108 1/2, par. 5-236)
23     Sec. 5-236. Transfer to Article 14.
24     (a) Any active member of the State Employees' Retirement
25 System who is a State policeman, conservation police officer,

 

 

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1 an investigator for the Office of the Attorney General, or
2 investigator for the Secretary of State may apply for transfer
3 of some or all of his or her creditable service accumulated
4 under this Article to the State Employees' Retirement System in
5 accordance with Section 14-110. At the time of the transfer the
6 Fund shall pay to the State Employees' Retirement System an
7 amount equal to:
8         (1) the amounts accumulated to the credit of the
9     applicant for the service to be transferred on the books of
10     the Fund on the date of transfer; and
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 service to be transferred.
16 Participation in this Fund with respect to the service to be
17 transferred shall terminate on the date of transfer.
18     (b) Any such State policeman, conservation police officer,
19 or investigator for the Secretary of State may reinstate
20 service that was terminated by receipt of a refund, by paying
21 to the Fund the amount of the refund with interest thereon at
22 the actuarially assumed rate of interest rate of 6% per year,
23 compounded annually, from the date of refund to the date of
24 payment.
25     (c) Within 30 days after the effective date of this
26 amendatory Act of 1993, any active member of the State

 

 

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1 Employees' Retirement System who was earning eligible
2 creditable service under subdivision (b)(12) of Section 14-110
3 on January 1, 1992 and who has at least 17 years of creditable
4 service under this Article may apply for transfer of his
5 creditable service accumulated under this Article to the State
6 Employees' Retirement System. At the time of the transfer the
7 Fund shall pay to the State Employees' Retirement System an
8 amount equal to:
9         (1) the amounts accumulated to the credit of the
10     applicant on the books of the Fund on the date of transfer;
11     and
12         (2) the corresponding municipality credits, including
13     interest, on the books of the Fund on the date of transfer.
14 Participation in this Fund shall terminate on the date of
15 transfer.
16 (Source: P.A. 95-530, eff. 8-28-07.)"; and
 
17     (40 ILCS 5/7-139.8)  (from Ch. 108 1/2, par. 7-139.8)
18     Sec. 7-139.8. Transfer to Article 14 System.
19     (a) Any active member of the State Employees' Retirement
20 System who is a State policeman, an investigator for the
21 Secretary of State, a conservation police officer, an
22 investigator for the Office of the Attorney General, an
23 investigator for the Office of the State's Attorneys Appellate
24 Prosecutor, or a controlled substance inspector may apply for
25 transfer of some or all of his or her credits and creditable

 

 

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1 service accumulated in this Fund for service as a sheriff's law
2 enforcement employee, person employed by a participating
3 municipality to perform police duties, or law enforcement
4 officer employed on a full-time basis by a forest preserve
5 district to the State Employees' Retirement System in
6 accordance with Section 14-110. The creditable service shall be
7 transferred only upon payment by this Fund to the State
8 Employees' Retirement System of an amount equal to:
9         (1) the amounts accumulated to the credit of the
10     applicant for the service to be transferred, including
11     interest; and
12         (2) municipality credits based on such service,
13     including interest; and
14         (3) any interest paid by the applicant to reinstate
15     such service.
16 Participation in this Fund as to any credits transferred under
17 this Section shall terminate on the date of transfer.
18     (b) Any person applying to transfer service under this
19 Section may reinstate credits and creditable service
20 terminated upon receipt of a separation benefit, by paying to
21 the Fund the amount of the separation benefit plus interest
22 thereon at the actuarially assumed rate of interest rate of 6%
23 per year to the date of payment.
24 (Source: P.A. 95-530, eff. 8-28-07.)
 
25     (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)

 

 

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1     Sec. 9-121.10. Transfer to Article 14.
2     (a) Any active member of the State Employees' Retirement
3 System who is a State policeman, investigator for the Office of
4 the Attorney General, investigator for the Secretary of State,
5 or conservation police officer may apply for transfer of some
6 or all of his creditable service as a member of the County
7 Police Department, a county corrections officer, or a court
8 services officer accumulated under this Article to the State
9 Employees' Retirement System in accordance with Section
10 14-110. At the time of the transfer the Fund shall pay to the
11 State Employees' Retirement System an amount equal to:
12         (1) the amounts accumulated to the credit of the
13     applicant on the books of the Fund on the date of transfer
14     for the service to be transferred; and
15         (2) the corresponding municipality credits, including
16     interest, on the books of the Fund on the date of transfer;
17     and
18         (3) any interest paid by the applicant in order to
19     reinstate such service.
20 Participation in this Fund with respect to the credits
21 transferred shall terminate on the date of transfer.
22     (b) Any person applying to transfer service under this
23 Section may reinstate credit for service as a member of the
24 County Police Department that was terminated by receipt of a
25 refund, by paying to the Fund the amount of the refund with
26 interest thereon at the actuarially assumed rate of interest

 

 

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1 rate of 6% per year, compounded annually, from the date of
2 refund to the date of payment.
3 (Source: P.A. 95-530, eff. 8-28-07.)
 
4     (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
5     Sec. 14-110. Alternative retirement annuity.
6     (a) Any member who has withdrawn from service with not less
7 than 20 years of eligible creditable service and has attained
8 age 55, and any member who has withdrawn from service with not
9 less than 25 years of eligible creditable service and has
10 attained age 50, regardless of whether the attainment of either
11 of the specified ages occurs while the member is still in
12 service, shall be entitled to receive at the option of the
13 member, in lieu of the regular or minimum retirement annuity, a
14 retirement annuity computed as follows:
15         (i) for periods of service as a noncovered employee: if
16     retirement occurs on or after January 1, 2001, 3% of final
17     average compensation for each year of creditable service;
18     if retirement occurs before January 1, 2001, 2 1/4% of
19     final average compensation for each of the first 10 years
20     of creditable service, 2 1/2% for each year above 10 years
21     to and including 20 years of creditable service, and 2 3/4%
22     for each year of creditable service above 20 years; and
23         (ii) for periods of eligible creditable service as a
24     covered employee: if retirement occurs on or after January
25     1, 2001, 2.5% of final average compensation for each year

 

 

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

 

 

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1         (8) security employee of the Department of Human
2     Services;
3         (9) Central Management Services security police
4     officer;
5         (10) security employee of the Department of
6     Corrections or the Department of Juvenile Justice;
7         (11) dangerous drugs investigator;
8         (12) investigator for the Department of State Police;
9         (13) investigator for the Office of the Attorney
10     General;
11         (14) controlled substance inspector;
12         (15) investigator for the Office of the State's
13     Attorneys Appellate Prosecutor;
14         (16) Commerce Commission police officer;
15         (17) arson investigator;
16         (18) State highway maintenance worker.
17     A person employed in one of the positions specified in this
18 subsection is entitled to eligible creditable service for
19 service credit earned under this Article while undergoing the
20 basic police training course approved by the Illinois Law
21 Enforcement Training Standards Board, if completion of that
22 training is required of persons serving in that position. For
23 the purposes of this Code, service during the required basic
24 police training course shall be deemed performance of the
25 duties of the specified position, even though the person is not
26 a sworn peace officer at the time of the training.

 

 

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

 

 

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

 

 

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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"

 

 

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1     means that portion of a facility that is devoted to the
2     care, containment, and treatment of persons committed to
3     the Department of Human Services as sexually violent
4     persons, persons unfit to stand trial, or persons not
5     guilty by reason of insanity. With respect to past
6     employment, references to the Department of Human Services
7     include its predecessor, the Department of Mental Health
8     and Developmental Disabilities.
9         The changes made to this subdivision (c)(8) by Public
10     Act 92-14 apply to persons who retire on or after January
11     1, 2001, notwithstanding Section 1-103.1.
12         (9) "Central Management Services security police
13     officer" means any person employed by the Department of
14     Central Management Services who is 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.
18         (10) For a member who first became an employee under
19     this Article before July 1, 2005, the term "security
20     employee of the Department of Corrections or the Department
21     of Juvenile Justice" means any employee of the Department
22     of Corrections or the Department of Juvenile Justice or the
23     former Department of Personnel, and any member or employee
24     of the Prisoner Review Board, who has daily contact with
25     inmates or youth by working within a correctional facility
26     or Juvenile facility operated by the Department of Juvenile

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     creditable service and age 55; or
2         (iii) beginning January 1, 1988, 25 years of eligible
3     creditable service and age 53, or 23 years of eligible
4     creditable service and age 55; or
5         (iv) beginning January 1, 1989, 25 years of eligible
6     creditable service and age 52, or 22 years of eligible
7     creditable service and age 55; or
8         (v) beginning January 1, 1990, 25 years of eligible
9     creditable service and age 51, or 21 years of eligible
10     creditable service and age 55; or
11         (vi) beginning January 1, 1991, 25 years of eligible
12     creditable service and age 50, or 20 years of eligible
13     creditable service and age 55.
14     Persons who have service credit under Article 16 of this
15 Code for service as a security employee of the Department of
16 Corrections or the Department of Juvenile Justice, or the
17 Department of Human Services in a position requiring
18 certification as a teacher may count such service toward
19 establishing their eligibility under the service requirements
20 of this Section; but such service may be used only for
21 establishing such eligibility, and not for the purpose of
22 increasing or calculating any benefit.
23     (e) If a member enters military service while working in a
24 position in which eligible creditable service may be earned,
25 and returns to State service in the same or another such
26 position, and fulfills in all other respects the conditions

 

 

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1 prescribed in this Article for credit for military service,
2 such military service shall be credited as eligible creditable
3 service for the purposes of the retirement annuity prescribed
4 in this Section.
5     (f) For purposes of calculating retirement annuities under
6 this Section, periods of service rendered after December 31,
7 1968 and before October 1, 1975 as a covered employee in the
8 position of special agent, conservation police officer, mental
9 health police officer, or investigator for the Secretary of
10 State, shall be deemed to have been service as a noncovered
11 employee, provided that the employee pays to the System prior
12 to retirement an amount equal to (1) the difference between the
13 employee contributions that would have been required for such
14 service as a noncovered employee, and the amount of employee
15 contributions actually paid, plus (2) if payment is made after
16 July 31, 1987, regular interest on the amount specified in item
17 (1) from the date of service to the date of payment.
18     For purposes of calculating retirement annuities under
19 this Section, periods of service rendered after December 31,
20 1968 and before January 1, 1982 as a covered employee in the
21 position of investigator for the Department of Revenue shall be
22 deemed to have been service as a noncovered employee, provided
23 that the employee pays to the System prior to retirement an
24 amount equal to (1) the difference between the employee
25 contributions that would have been required for such service as
26 a noncovered employee, and the amount of employee contributions

 

 

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

 

 

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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

 

 

09600HB0519ham001 - 22 - LRB096 04706 AMC 21633 a

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

 

 

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1 a police officer under Article 15 by filing a written election
2 with the Board within 6 months after the effective date of this
3 amendatory Act of 96th General Assembly and paying to the
4 System an amount to be determined by the Board, equal to (i)
5 the difference between the amount of employee and employer
6 contributions transferred to the System under Section 3-110.6,
7 5-236, 7-139.8, 9-121.10, or 15-134.4 and the amounts that
8 would have been contributed had such contributions been made at
9 the rates applicable to State policemen, plus (ii) interest
10 thereon at the actuarially assumed rate for each year,
11 compounded annually, from the date of service to the date of
12 payment.
13     Subject to the limitation in subsection (i), a State
14 policeman, conservation police officer, investigator for the
15 Office of the Attorney General, or investigator for the
16 Secretary of State may elect to establish eligible creditable
17 service for up to 5 years of service as a person employed by a
18 participating municipality to perform police duties, or law
19 enforcement officer employed on a full-time basis by a forest
20 preserve district under Article 7, a county corrections
21 officer, or a court services officer under Article 9, by filing
22 a written election with the Board within 6 months after the
23 effective date of this amendatory Act of 96th General Assembly
24 and paying to the System an amount to be determined by the
25 Board, equal to (i) the difference between the amount of
26 employee and employer contributions transferred to the System

 

 

09600HB0519ham001 - 24 - LRB096 04706 AMC 21633 a

1 under Sections 7-139.8 and 9-121.10 and the amounts that would
2 have been contributed had such contributions been made at the
3 rates applicable to State policemen, plus (ii) interest thereon
4 at the actuarially assumed rate for each year, compounded
5 annually, from the date of service to the date of payment.
6     (i) The total amount of eligible creditable service
7 established by any person under subsections (g), (h), (j), (k),
8 and (l) of this Section shall not exceed 12 years.
9     (j) Subject to the limitation in subsection (i), an
10 investigator for the Office of the State's Attorneys Appellate
11 Prosecutor or a controlled substance inspector may elect to
12 establish eligible creditable service for up to 10 years of his
13 service as a policeman under Article 3 or a sheriff's law
14 enforcement employee under Article 7, by filing a written
15 election with the Board, accompanied by payment of an amount to
16 be determined by the Board, equal to (1) the difference between
17 the amount of employee and employer contributions transferred
18 to the System under Section 3-110.6 or 7-139.8, and the amounts
19 that would have been contributed had such contributions been
20 made at the rates applicable to State policemen, plus (2)
21 interest thereon at the effective rate for each year,
22 compounded annually, from the date of service to the date of
23 payment.
24     (k) Subject to the limitation in subsection (i) of this
25 Section, an alternative formula employee may elect to establish
26 eligible creditable service for periods spent as a full-time

 

 

09600HB0519ham001 - 25 - LRB096 04706 AMC 21633 a

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

 

 

09600HB0519ham001 - 26 - LRB096 04706 AMC 21633 a

1 under Section 3-110.5, and the amounts that would have been
2 contributed had such contributions been made at the rates
3 applicable to security employees of the Department of
4 Corrections, plus (ii) interest thereon at the effective rate
5 for each year, compounded annually, from the date of service to
6 the date of payment.
7     (m) The amendatory changes to this Section made by this
8 amendatory Act of the 94th General Assembly apply only to: (1)
9 security employees of the Department of Juvenile Justice
10 employed by the Department of Corrections before the effective
11 date of this amendatory Act of the 94th General Assembly and
12 transferred to the Department of Juvenile Justice by this
13 amendatory Act of the 94th General Assembly; and (2) persons
14 employed by the Department of Juvenile Justice on or after the
15 effective date of this amendatory Act of the 94th General
16 Assembly who are required by subsection (b) of Section 3-2.5-15
17 of the Unified Code of Corrections to have a bachelor's or
18 advanced degree from an accredited college or university with a
19 specialization in criminal justice, education, psychology,
20 social work, or a closely related social science or, in the
21 case of persons who provide vocational training, who are
22 required to have adequate knowledge in the skill for which they
23 are providing the vocational training.
24 (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530,
25 eff. 8-28-07.)
 

 

 

09600HB0519ham001 - 27 - LRB096 04706 AMC 21633 a

1     (40 ILCS 5/15-134.4)  (from Ch. 108 1/2, par. 15-134.4)
2     Sec. 15-134.4. Transfer of creditable service to the
3 Article 5 Pension Fund or Article 14 System.
4     (a) An active member of the Pension Fund established under
5 Article 5 of this Code may apply, not later than January 1,
6 1990, to transfer his or her credits and creditable service
7 accumulated under this System for service with the City
8 Colleges of Chicago teaching in the Criminal Justice Program,
9 to the Article 5 Fund. Such credits and creditable service
10 shall be transferred forthwith.
11     Payment by this System to the Article 5 Fund shall be made
12 at the same time and shall consist of:
13         (1) the amounts credited to the applicant for such
14     service through employee contributions, including
15     interest, as of the date of transfer; and
16         (2) employer contributions equal in amount to the
17     accumulated employee contributions as determined in item
18     (1).
19 Participation in this System with respect to such credits shall
20 terminate on the date of transfer.
21     (b) Any active member of the State Employees' Retirement
22 System who is a State policeman, an investigator for the Office
23 of the Attorney General, an investigator for the Secretary of
24 State, or a conservation police officer may apply for transfer
25 of some or all of his or her creditable service accumulated in
26 this System for service as a police officer to the State

 

 

09600HB0519ham001 - 28 - LRB096 04706 AMC 21633 a

1 Employees' Retirement System in accordance with Section
2 14-110. The creditable service shall be transferred only upon
3 payment by this System to the State Employees' Retirement
4 System of an amount equal to:
5         (1) the amounts accumulated to the credit of the
6     applicant for the service to be transferred, including
7     interest, as of the date of transfer; and
8         (2) employer contributions equal in amount to the
9     accumulated employee contributions as determined in item
10     (1); and
11         (3) any interest paid by the applicant to reinstate
12     such service.
13 Participation in this System as to any credits transferred
14 under this Section shall terminate on the date of transfer.
15     (c) Any person applying to transfer service under
16 subsection (b) may reinstate credits and creditable service
17 terminated upon receipt of a refund by paying to the System the
18 amount of the refund plus interest thereon at the actuarially
19 assumed rate of interest rate of 6% per year from the date of
20 the refund to the date of payment.
21 (Source: P.A. 95-530, eff. 8-28-07.)
 
22     Section 90. The State Mandates Act is amended by adding
23 Section 8.33 as follows:
 
24     (30 ILCS 805/8.33 new)

 

 

09600HB0519ham001 - 29 - LRB096 04706 AMC 21633 a

1     Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8
2 of this Act, no reimbursement by the State is required for the
3 implementation of any mandate created by this amendatory Act of
4 the 96th General Assembly.
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.".