HB0519 Enrolled LRB096 04706 AMC 14768 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 3-110.6, 5-236, 7-139.8, 9-121.10, and 14-110 as
6 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 Department of Revenue, an investigator for
14 the Office of the State's Attorneys Appellate Prosecutor, or a
15 controlled substance inspector may apply for transfer of some
16 or all of his or her creditable service accumulated in any
17 police pension fund under this Article to the State Employees'
18 Retirement System in accordance with Section 14-110. The
19 creditable service shall be transferred only upon payment by
20 the police pension fund to the State Employees' Retirement
21 System of an amount equal to:
22         (1) the amounts accumulated to the credit of the
23     applicant for the service to be transferred on the books of

 

 

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

 

 

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1 to the State Employees' Retirement System an amount equal to:
2         (1) the amounts accumulated to the credit of the
3     applicant for the service to be transferred on the books of
4     the Fund on the date of transfer; and
5         (2) the corresponding municipality credits, including
6     interest, on the books of the Fund on the date of transfer;
7     and
8         (3) any interest paid by the applicant in order to
9     reinstate service to be transferred.
10 Participation in this Fund with respect to the service to be
11 transferred shall terminate on the date of transfer.
12     (b) Any such State policeman, conservation police officer,
13 or investigator for the Secretary of State may reinstate
14 service that was terminated by receipt of a refund, by paying
15 to the Fund the amount of the refund with interest thereon at
16 the actuarially assumed rate of interest rate of 6% per year,
17 compounded annually, from the date of refund to the date of
18 payment.
19     (c) Within 30 days after the effective date of this
20 amendatory Act of 1993, any active member of the State
21 Employees' Retirement System who was earning eligible
22 creditable service under subdivision (b)(12) of Section 14-110
23 on January 1, 1992 and who has at least 17 years of creditable
24 service under this Article may apply for transfer of his
25 creditable service accumulated under this Article to the State
26 Employees' Retirement System. At the time of the transfer the

 

 

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1 Fund shall pay to the State Employees' Retirement System an
2 amount equal to:
3         (1) the amounts accumulated to the credit of the
4     applicant on the books of the Fund on the date of transfer;
5     and
6         (2) the corresponding municipality credits, including
7     interest, on the books of the Fund on the date of transfer.
8 Participation in this Fund shall terminate on the date of
9 transfer.
10 (Source: P.A. 95-530, eff. 8-28-07.)
 
11     (40 ILCS 5/7-139.8)  (from Ch. 108 1/2, par. 7-139.8)
12     Sec. 7-139.8. Transfer to Article 14 System.
13     (a) Any active member of the State Employees' Retirement
14 System who is a State policeman, an investigator for the
15 Secretary of State, a conservation police officer, an
16 investigator for the Office of the Attorney General, an
17 investigator for the Department of Revenue, an investigator for
18 the Office of the State's Attorneys Appellate Prosecutor, or a
19 controlled substance inspector may apply for transfer of some
20 or all of his or her credits and creditable service accumulated
21 in this Fund for service as a sheriff's law enforcement
22 employee, person employed by a participating municipality to
23 perform police duties, or law enforcement officer employed on a
24 full-time basis by a forest preserve district to the State
25 Employees' Retirement System in accordance with Section

 

 

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1 14-110. The creditable service shall be transferred only upon
2 payment by this Fund to the State Employees' Retirement System
3 of an amount equal to:
4         (1) the amounts accumulated to the credit of the
5     applicant for the service to be transferred, including
6     interest; and
7         (2) municipality credits based on such service,
8     including interest; and
9         (3) any interest paid by the applicant to reinstate
10     such service.
11 Participation in this Fund as to any credits transferred under
12 this Section shall terminate on the date of transfer.
13     (b) Any person applying to transfer service under this
14 Section may reinstate credits and creditable service
15 terminated upon receipt of a separation benefit, by paying to
16 the Fund the amount of the separation benefit plus interest
17 thereon at the actuarially assumed rate of interest rate of 6%
18 per year to the date of payment.
19 (Source: P.A. 95-530, eff. 8-28-07.)
 
20     (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)
21     Sec. 9-121.10. Transfer to Article 14.
22     (a) Any active member of the State Employees' Retirement
23 System who is a State policeman, investigator for the Office of
24 the Attorney General, an investigator for the Department of
25 Revenue, investigator for the Secretary of State, or

 

 

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1 conservation police officer may apply for transfer of some or
2 all of his creditable service as a member of the County Police
3 Department, a county corrections officer, or a court services
4 officer accumulated under this Article to the State Employees'
5 Retirement System in accordance with Section 14-110. At the
6 time 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; 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 such service.
16 Participation in this Fund with respect to the credits
17 transferred shall terminate on the date of transfer.
18     (b) Any person applying to transfer service under this
19 Section may reinstate credit for service as a member of the
20 County Police Department that was terminated by receipt of a
21 refund, by paying to the Fund the amount of the refund with
22 interest thereon at the actuarially assumed rate of interest
23 rate of 6% per year, compounded annually, from the date of
24 refund to the date of payment.
25 (Source: P.A. 95-530, eff. 8-28-07.)
 

 

 

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1     (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     Revenue and vested with such investigative duties as render
2     him ineligible for coverage under the Social Security Act
3     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
4     218(l)(1) of that Act.
5         (8) The term "security employee of the Department of
6     Human Services" means any person employed by the Department
7     of Human Services who (i) is employed at the Chester Mental
8     Health Center and has daily contact with the residents
9     thereof, (ii) is employed within a security unit at a
10     facility operated by the Department and has daily contact
11     with the residents of the security unit, (iii) is employed
12     at a facility operated by the Department that includes a
13     security unit and is regularly scheduled to work at least
14     50% of his or her working hours within that security unit,
15     or (iv) is a mental health police officer. "Mental health
16     police officer" means any person employed by the Department
17     of Human Services in a position pertaining to the
18     Department's mental health and developmental disabilities
19     functions who is vested with such law enforcement duties as
20     render the person ineligible for coverage under the Social
21     Security Act by reason of Sections 218(d)(5)(A),
22     218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
23     means that portion of a facility that is devoted to the
24     care, containment, and treatment of persons committed to
25     the Department of Human Services as sexually violent
26     persons, persons unfit to stand trial, or persons not

 

 

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1     guilty by reason of insanity. With respect to past
2     employment, references to the Department of Human Services
3     include its predecessor, the Department of Mental Health
4     and Developmental Disabilities.
5         The changes made to this subdivision (c)(8) by Public
6     Act 92-14 apply to persons who retire on or after January
7     1, 2001, notwithstanding Section 1-103.1.
8         (9) "Central Management Services security police
9     officer" means any person employed by the Department of
10     Central Management Services who is vested with such law
11     enforcement duties as render him ineligible for coverage
12     under the Social Security Act by reason of Sections
13     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
14         (10) For a member who first became an employee under
15     this Article before July 1, 2005, the term "security
16     employee of the Department of Corrections or the Department
17     of Juvenile Justice" means any employee of the Department
18     of Corrections or the Department of Juvenile Justice or the
19     former Department of Personnel, and any member or employee
20     of the Prisoner Review Board, who has daily contact with
21     inmates or youth by working within a correctional facility
22     or Juvenile facility operated by the Department of Juvenile
23     Justice or who is a parole officer or an employee who has
24     direct contact with committed persons in the performance of
25     his or her job duties. For a member who first becomes an
26     employee under this Article on or after July 1, 2005, the

 

 

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1     term means an employee of the Department of Corrections or
2     the Department of Juvenile Justice who is any of the
3     following: (i) officially headquartered at a correctional
4     facility or Juvenile facility operated by the Department of
5     Juvenile Justice, (ii) a parole officer, (iii) a member of
6     the apprehension unit, (iv) a member of the intelligence
7     unit, (v) a member of the sort team, or (vi) an
8     investigator.
9         (11) The term "dangerous drugs investigator" means any
10     person who is employed as such by the Department of Human
11     Services.
12         (12) The term "investigator for the Department of State
13     Police" means a person employed by the Department of State
14     Police who is vested under Section 4 of the Narcotic
15     Control Division Abolition Act with such law enforcement
16     powers as render him ineligible for coverage under the
17     Social Security Act by reason of Sections 218(d)(5)(A),
18     218(d)(8)(D) and 218(l)(1) of that Act.
19         (13) "Investigator for the Office of the Attorney
20     General" means any person who is employed as such by the
21     Office of the Attorney General and is vested with such
22     investigative duties as render him ineligible for coverage
23     under the Social Security Act by reason of Sections
24     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
25     the period before January 1, 1989, the term includes all
26     persons who were employed as investigators by the Office of

 

 

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

 

 

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

 

 

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1         of equipment operator/laborer H-4, equipment
2         operator/laborer H-6, welder H-4, welder H-6,
3         mechanical/electrical H-4, mechanical/electrical H-6,
4         water/sewer H-4, water/sewer H-6, sign maker/hanger
5         H-4, sign maker/hanger H-6, roadway lighting H-4,
6         roadway lighting H-6, structural H-4, structural H-6,
7         painter H-4, or painter H-6; and whose principal
8         responsibility is to perform, on the roadway, the
9         actual maintenance necessary to keep the Authority's
10         tollways in serviceable condition for vehicular
11         traffic.
12     (d) A security employee of the Department of Corrections or
13 the Department of Juvenile Justice, and a security employee of
14 the Department of Human Services who is not a mental health
15 police officer, shall not be eligible for the alternative
16 retirement annuity provided by this Section unless he or she
17 meets the following minimum age and service requirements at the
18 time of retirement:
19         (i) 25 years of eligible creditable service and age 55;
20     or
21         (ii) beginning January 1, 1987, 25 years of eligible
22     creditable service and age 54, or 24 years of eligible
23     creditable service and age 55; or
24         (iii) beginning January 1, 1988, 25 years of eligible
25     creditable service and age 53, or 23 years of eligible
26     creditable service and age 55; or

 

 

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

 

 

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1     (f) For purposes of calculating retirement annuities under
2 this Section, periods of service rendered after December 31,
3 1968 and before October 1, 1975 as a covered employee in the
4 position of special agent, conservation police officer, mental
5 health police officer, or investigator for the Secretary of
6 State, shall be deemed to have been service as a noncovered
7 employee, provided that the employee pays to the System prior
8 to retirement an amount equal to (1) the difference between the
9 employee contributions that would have been required for such
10 service as a noncovered employee, and the amount of employee
11 contributions actually paid, plus (2) if payment is made after
12 July 31, 1987, regular interest on the amount specified in item
13 (1) from the date of service to the date of payment.
14     For purposes of calculating retirement annuities under
15 this Section, periods of service rendered after December 31,
16 1968 and before January 1, 1982 as a covered employee in the
17 position of investigator for the Department of Revenue shall be
18 deemed to have been service as a noncovered employee, provided
19 that the employee pays to the System prior to retirement an
20 amount equal to (1) the difference between the employee
21 contributions that would have been required for such service as
22 a noncovered employee, and the amount of employee contributions
23 actually paid, plus (2) if payment is made after January 1,
24 1990, regular interest on the amount specified in item (1) from
25 the date of service to the date of payment.
26     (g) A State policeman may elect, not later than January 1,

 

 

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

 

 

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1 to establish eligible creditable service for up to 12 years of
2 his service as a policeman under Article 5, by filing a written
3 election with the Board on or before January 31, 1992, and
4 paying to the System by January 31, 1994 an amount to be
5 determined by the Board, equal to (i) the difference between
6 the amount of employee and employer contributions transferred
7 to the System under Section 5-236, and the amounts that would
8 have been contributed had such contributions been made at the
9 rates applicable to State policemen, plus (ii) interest thereon
10 at the effective rate for each year, compounded annually, from
11 the date of service to the date of payment.
12     Subject to the limitation in subsection (i), a State
13 policeman, conservation police officer, or investigator for
14 the Secretary of State may elect to establish eligible
15 creditable service for up to 10 years of service as a sheriff's
16 law enforcement employee under Article 7, by filing a written
17 election with the Board on or before January 31, 1993, and
18 paying to the System by January 31, 1994 an amount to be
19 determined by the Board, equal to (i) the difference between
20 the amount of employee and employer contributions transferred
21 to the System under Section 7-139.7, and the amounts that would
22 have been contributed had such contributions been made at the
23 rates applicable to State policemen, plus (ii) interest thereon
24 at the effective rate for each year, compounded annually, from
25 the date of service to the date of payment.
26     Subject to the limitation in subsection (i), a State

 

 

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

 

 

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

 

 

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

 

 

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1 held in any other public employee pension fund or retirement
2 system. To obtain this credit, the applicant must file a
3 written application with the Board by March 31, 1998,
4 accompanied by evidence of eligibility acceptable to the Board
5 and payment of an amount to be determined by the Board, equal
6 to (1) employee contributions for the credit being established,
7 based upon the applicant's salary on the first day as an
8 alternative formula employee after the employment for which
9 credit is being established and the rates then applicable to
10 alternative formula employees, plus (2) an amount determined by
11 the Board to be the employer's normal cost of the benefits
12 accrued for the credit being established, plus (3) regular
13 interest on the amounts in items (1) and (2) from the first day
14 as an alternative formula employee after the employment for
15 which credit is being established to the date of payment.
16     (l) Subject to the limitation in subsection (i), a security
17 employee of the Department of Corrections may elect, not later
18 than July 1, 1998, to establish eligible creditable service for
19 up to 10 years of his or her service as a policeman under
20 Article 3, by filing a written election with the Board,
21 accompanied by payment of an amount to be determined by the
22 Board, equal to (i) the difference between the amount of
23 employee and employer contributions transferred to the System
24 under Section 3-110.5, and the amounts that would have been
25 contributed had such contributions been made at the rates
26 applicable to security employees of the Department of

 

 

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1 Corrections, plus (ii) interest thereon at the effective rate
2 for each year, compounded annually, from the date of service to
3 the date of payment.
4     (m) The amendatory changes to this Section made by this
5 amendatory Act of the 94th General Assembly apply only to: (1)
6 security employees of the Department of Juvenile Justice
7 employed by the Department of Corrections before the effective
8 date of this amendatory Act of the 94th General Assembly and
9 transferred to the Department of Juvenile Justice by this
10 amendatory Act of the 94th General Assembly; and (2) persons
11 employed by the Department of Juvenile Justice on or after the
12 effective date of this amendatory Act of the 94th General
13 Assembly who are required by subsection (b) of Section 3-2.5-15
14 of the Unified Code of Corrections to have a bachelor's or
15 advanced degree from an accredited college or university with a
16 specialization in criminal justice, education, psychology,
17 social work, or a closely related social science or, in the
18 case of persons who provide vocational training, who are
19 required to have adequate knowledge in the skill for which they
20 are providing the vocational training.
21     (n) A person employed in a position under subsection (b) of
22 this Section who has purchased service credit under subsection
23 (j) of Section 14-104 or subsection (b) of Section 14-105 in
24 any other capacity under this Article may convert up to 5 years
25 of that service credit into service credit covered under this
26 Section by paying to the Fund an amount equal to (1) the

 

 

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1 additional employee contribution required under Section
2 14-133, plus (2) the additional employer contribution required
3 under Section 14-131, plus (3) interest on items (1) and (2) at
4 the actuarially assumed rate from the date of the service to
5 the date of payment.
6 (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530,
7 eff. 8-28-07; 95-1036, eff. 2-17-09.)
 
8     Section 90. The State Mandates Act is amended by adding
9 Section 8.33 as follows:
 
10     (30 ILCS 805/8.33 new)
11     Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8
12 of this Act, no reimbursement by the State is required for the
13 implementation of any mandate created by this amendatory Act of
14 the 96th General Assembly.
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.