Illinois General Assembly - Full Text of HB4926
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Full Text of HB4926  102nd General Assembly

HB4926enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4926 EnrolledLRB102 24854 RPS 34102 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 1-160, 14-110, and 14-152.1 as follows:
 
6    (40 ILCS 5/1-160)
7    Sec. 1-160. Provisions applicable to new hires.
8    (a) The provisions of this Section apply to a person who,
9on or after January 1, 2011, first becomes a member or a
10participant under any reciprocal retirement system or pension
11fund established under this Code, other than a retirement
12system or pension fund established under Article 2, 3, 4, 5, 6,
137, 15, or 18 of this Code, notwithstanding any other provision
14of this Code to the contrary, but do not apply to any
15self-managed plan established under this Code or to any
16participant of the retirement plan established under Section
1722-101; except that this Section applies to a person who
18elected to establish alternative credits by electing in
19writing after January 1, 2011, but before August 8, 2011,
20under Section 7-145.1 of this Code. Notwithstanding anything
21to the contrary in this Section, for purposes of this Section,
22a person who is a Tier 1 regular employee as defined in Section
237-109.4 of this Code or who participated in a retirement

 

 

HB4926 Enrolled- 2 -LRB102 24854 RPS 34102 b

1system under Article 15 prior to January 1, 2011 shall be
2deemed a person who first became a member or participant prior
3to January 1, 2011 under any retirement system or pension fund
4subject to this Section. The changes made to this Section by
5Public Act 98-596 are a clarification of existing law and are
6intended to be retroactive to January 1, 2011 (the effective
7date of Public Act 96-889), notwithstanding the provisions of
8Section 1-103.1 of this Code.
9    This Section does not apply to a person who first becomes a
10noncovered employee under Article 14 on or after the
11implementation date of the plan created under Section 1-161
12for that Article, unless that person elects under subsection
13(b) of Section 1-161 to instead receive the benefits provided
14under this Section and the applicable provisions of that
15Article.
16    This Section does not apply to a person who first becomes a
17member or participant under Article 16 on or after the
18implementation date of the plan created under Section 1-161
19for that Article, unless that person elects under subsection
20(b) of Section 1-161 to instead receive the benefits provided
21under this Section and the applicable provisions of that
22Article.
23    This Section does not apply to a person who elects under
24subsection (c-5) of Section 1-161 to receive the benefits
25under Section 1-161.
26    This Section does not apply to a person who first becomes a

 

 

HB4926 Enrolled- 3 -LRB102 24854 RPS 34102 b

1member or participant of an affected pension fund on or after 6
2months after the resolution or ordinance date, as defined in
3Section 1-162, unless that person elects under subsection (c)
4of Section 1-162 to receive the benefits provided under this
5Section and the applicable provisions of the Article under
6which he or she is a member or participant.
7    (b) "Final average salary" means, except as otherwise
8provided in this subsection, the average monthly (or annual)
9salary obtained by dividing the total salary or earnings
10calculated under the Article applicable to the member or
11participant during the 96 consecutive months (or 8 consecutive
12years) of service within the last 120 months (or 10 years) of
13service in which the total salary or earnings calculated under
14the applicable Article was the highest by the number of months
15(or years) of service in that period. For the purposes of a
16person who first becomes a member or participant of any
17retirement system or pension fund to which this Section
18applies on or after January 1, 2011, in this Code, "final
19average salary" shall be substituted for the following:
20        (1) (Blank).
21        (2) In Articles 8, 9, 10, 11, and 12, "highest average
22    annual salary for any 4 consecutive years within the last
23    10 years of service immediately preceding the date of
24    withdrawal".
25        (3) In Article 13, "average final salary".
26        (4) In Article 14, "final average compensation".

 

 

HB4926 Enrolled- 4 -LRB102 24854 RPS 34102 b

1        (5) In Article 17, "average salary".
2        (6) In Section 22-207, "wages or salary received by
3    him at the date of retirement or discharge".
4    A member of the Teachers' Retirement System of the State
5of Illinois who retires on or after June 1, 2021 and for whom
6the 2020-2021 school year is used in the calculation of the
7member's final average salary shall use the higher of the
8following for the purpose of determining the member's final
9average salary:
10        (A) the amount otherwise calculated under the first
11    paragraph of this subsection; or
12        (B) an amount calculated by the Teachers' Retirement
13    System of the State of Illinois using the average of the
14    monthly (or annual) salary obtained by dividing the total
15    salary or earnings calculated under Article 16 applicable
16    to the member or participant during the 96 months (or 8
17    years) of service within the last 120 months (or 10 years)
18    of service in which the total salary or earnings
19    calculated under the Article was the highest by the number
20    of months (or years) of service in that period.
21    (b-5) Beginning on January 1, 2011, for all purposes under
22this Code (including without limitation the calculation of
23benefits and employee contributions), the annual earnings,
24salary, or wages (based on the plan year) of a member or
25participant to whom this Section applies shall not exceed
26$106,800; however, that amount shall annually thereafter be

 

 

HB4926 Enrolled- 5 -LRB102 24854 RPS 34102 b

1increased by the lesser of (i) 3% of that amount, including all
2previous adjustments, or (ii) one-half the annual unadjusted
3percentage increase (but not less than zero) in the consumer
4price index-u for the 12 months ending with the September
5preceding each November 1, including all previous adjustments.
6    For the purposes of this Section, "consumer price index-u"
7means the index published by the Bureau of Labor Statistics of
8the United States Department of Labor that measures the
9average change in prices of goods and services purchased by
10all urban consumers, United States city average, all items,
111982-84 = 100. The new amount resulting from each annual
12adjustment shall be determined by the Public Pension Division
13of the Department of Insurance and made available to the
14boards of the retirement systems and pension funds by November
151 of each year.
16    (c) A member or participant is entitled to a retirement
17annuity upon written application if he or she has attained age
1867 (age 65, with respect to service under Article 12 that is
19subject to this Section, for a member or participant under
20Article 12 who first becomes a member or participant under
21Article 12 on or after January 1, 2022 or who makes the
22election under item (i) of subsection (d-15) of this Section)
23and has at least 10 years of service credit and is otherwise
24eligible under the requirements of the applicable Article.
25    A member or participant who has attained age 62 (age 60,
26with respect to service under Article 12 that is subject to

 

 

HB4926 Enrolled- 6 -LRB102 24854 RPS 34102 b

1this Section, for a member or participant under Article 12 who
2first becomes a member or participant under Article 12 on or
3after January 1, 2022 or who makes the election under item (i)
4of subsection (d-15) of this Section) and has at least 10 years
5of service credit and is otherwise eligible under the
6requirements of the applicable Article may elect to receive
7the lower retirement annuity provided in subsection (d) of
8this Section.
9    (c-5) A person who first becomes a member or a participant
10subject to this Section on or after July 6, 2017 (the effective
11date of Public Act 100-23), notwithstanding any other
12provision of this Code to the contrary, is entitled to a
13retirement annuity under Article 8 or Article 11 upon written
14application if he or she has attained age 65 and has at least
1510 years of service credit and is otherwise eligible under the
16requirements of Article 8 or Article 11 of this Code,
17whichever is applicable.
18    (d) The retirement annuity of a member or participant who
19is retiring after attaining age 62 (age 60, with respect to
20service under Article 12 that is subject to this Section, for a
21member or participant under Article 12 who first becomes a
22member or participant under Article 12 on or after January 1,
232022 or who makes the election under item (i) of subsection
24(d-15) of this Section) with at least 10 years of service
25credit shall be reduced by one-half of 1% for each full month
26that the member's age is under age 67 (age 65, with respect to

 

 

HB4926 Enrolled- 7 -LRB102 24854 RPS 34102 b

1service under Article 12 that is subject to this Section, for a
2member or participant under Article 12 who first becomes a
3member or participant under Article 12 on or after January 1,
42022 or who makes the election under item (i) of subsection
5(d-15) of this Section).
6    (d-5) The retirement annuity payable under Article 8 or
7Article 11 to an eligible person subject to subsection (c-5)
8of this Section who is retiring at age 60 with at least 10
9years of service credit shall be reduced by one-half of 1% for
10each full month that the member's age is under age 65.
11    (d-10) Each person who first became a member or
12participant under Article 8 or Article 11 of this Code on or
13after January 1, 2011 and prior to July 6, 2017 (the effective
14date of Public Act 100-23) this amendatory Act of the 100th
15General Assembly shall make an irrevocable election either:
16        (i) to be eligible for the reduced retirement age
17    provided in subsections (c-5) and (d-5) of this Section,
18    the eligibility for which is conditioned upon the member
19    or participant agreeing to the increases in employee
20    contributions for age and service annuities provided in
21    subsection (a-5) of Section 8-174 of this Code (for
22    service under Article 8) or subsection (a-5) of Section
23    11-170 of this Code (for service under Article 11); or
24        (ii) to not agree to item (i) of this subsection
25    (d-10), in which case the member or participant shall
26    continue to be subject to the retirement age provisions in

 

 

HB4926 Enrolled- 8 -LRB102 24854 RPS 34102 b

1    subsections (c) and (d) of this Section and the employee
2    contributions for age and service annuity as provided in
3    subsection (a) of Section 8-174 of this Code (for service
4    under Article 8) or subsection (a) of Section 11-170 of
5    this Code (for service under Article 11).
6    The election provided for in this subsection shall be made
7between October 1, 2017 and November 15, 2017. A person
8subject to this subsection who makes the required election
9shall remain bound by that election. A person subject to this
10subsection who fails for any reason to make the required
11election within the time specified in this subsection shall be
12deemed to have made the election under item (ii).
13    (d-15) Each person who first becomes a member or
14participant under Article 12 on or after January 1, 2011 and
15prior to January 1, 2022 shall make an irrevocable election
16either:
17        (i) to be eligible for the reduced retirement age
18    specified in subsections (c) and (d) of this Section, the
19    eligibility for which is conditioned upon the member or
20    participant agreeing to the increase in employee
21    contributions for service annuities specified in
22    subsection (b) of Section 12-150; or
23        (ii) to not agree to item (i) of this subsection
24    (d-15), in which case the member or participant shall not
25    be eligible for the reduced retirement age specified in
26    subsections (c) and (d) of this Section and shall not be

 

 

HB4926 Enrolled- 9 -LRB102 24854 RPS 34102 b

1    subject to the increase in employee contributions for
2    service annuities specified in subsection (b) of Section
3    12-150.
4    The election provided for in this subsection shall be made
5between January 1, 2022 and April 1, 2022. A person subject to
6this subsection who makes the required election shall remain
7bound by that election. A person subject to this subsection
8who fails for any reason to make the required election within
9the time specified in this subsection shall be deemed to have
10made the election under item (ii).
11    (e) Any retirement annuity or supplemental annuity shall
12be subject to annual increases on the January 1 occurring
13either on or after the attainment of age 67 (age 65, with
14respect to service under Article 12 that is subject to this
15Section, for a member or participant under Article 12 who
16first becomes a member or participant under Article 12 on or
17after January 1, 2022 or who makes the election under item (i)
18of subsection (d-15); and beginning on July 6, 2017 (the
19effective date of Public Act 100-23) this amendatory Act of
20the 100th General Assembly, age 65 with respect to service
21under Article 8 or Article 11 for eligible persons who: (i) are
22subject to subsection (c-5) of this Section; or (ii) made the
23election under item (i) of subsection (d-10) of this Section)
24or the first anniversary of the annuity start date, whichever
25is later. Each annual increase shall be calculated at 3% or
26one-half the annual unadjusted percentage increase (but not

 

 

HB4926 Enrolled- 10 -LRB102 24854 RPS 34102 b

1less than zero) in the consumer price index-u for the 12 months
2ending with the September preceding each November 1, whichever
3is less, of the originally granted retirement annuity. If the
4annual unadjusted percentage change in the consumer price
5index-u for the 12 months ending with the September preceding
6each November 1 is zero or there is a decrease, then the
7annuity shall not be increased.
8    For the purposes of Section 1-103.1 of this Code, the
9changes made to this Section by Public Act 102-263 this
10amendatory Act of the 102nd General Assembly are applicable
11without regard to whether the employee was in active service
12on or after August 6, 2021 (the effective date of Public Act
13102-263) this amendatory Act of the 102nd General Assembly.
14    For the purposes of Section 1-103.1 of this Code, the
15changes made to this Section by Public Act 100-23 this
16amendatory Act of the 100th General Assembly are applicable
17without regard to whether the employee was in active service
18on or after July 6, 2017 (the effective date of Public Act
19100-23) this amendatory Act of the 100th General Assembly.
20    (f) The initial survivor's or widow's annuity of an
21otherwise eligible survivor or widow of a retired member or
22participant who first became a member or participant on or
23after January 1, 2011 shall be in the amount of 66 2/3% of the
24retired member's or participant's retirement annuity at the
25date of death. In the case of the death of a member or
26participant who has not retired and who first became a member

 

 

HB4926 Enrolled- 11 -LRB102 24854 RPS 34102 b

1or participant on or after January 1, 2011, eligibility for a
2survivor's or widow's annuity shall be determined by the
3applicable Article of this Code. The initial benefit shall be
466 2/3% of the earned annuity without a reduction due to age. A
5child's annuity of an otherwise eligible child shall be in the
6amount prescribed under each Article if applicable. Any
7survivor's or widow's annuity shall be increased (1) on each
8January 1 occurring on or after the commencement of the
9annuity if the deceased member died while receiving a
10retirement annuity or (2) in other cases, on each January 1
11occurring after the first anniversary of the commencement of
12the annuity. Each annual increase shall be calculated at 3% or
13one-half the annual unadjusted percentage increase (but not
14less than zero) in the consumer price index-u for the 12 months
15ending with the September preceding each November 1, whichever
16is less, of the originally granted survivor's annuity. If the
17annual unadjusted percentage change in the consumer price
18index-u for the 12 months ending with the September preceding
19each November 1 is zero or there is a decrease, then the
20annuity shall not be increased.
21    (g) The benefits in Section 14-110 apply only if the
22person is a State policeman, a fire fighter in the fire
23protection service of a department, a conservation police
24officer, an investigator for the Secretary of State, an
25investigator for the Office of the Attorney General, an arson
26investigator, a Commerce Commission police officer,

 

 

HB4926 Enrolled- 12 -LRB102 24854 RPS 34102 b

1investigator for the Department of Revenue or the Illinois
2Gaming Board, a security employee of the Department of
3Corrections or the Department of Juvenile Justice, or a
4security employee of the Department of Innovation and
5Technology, as those terms are defined in subsection (b) and
6subsection (c) of Section 14-110. A person who meets the
7requirements of this Section is entitled to an annuity
8calculated under the provisions of Section 14-110, in lieu of
9the regular or minimum retirement annuity, only if the person
10has withdrawn from service with not less than 20 years of
11eligible creditable service and has attained age 60,
12regardless of whether the attainment of age 60 occurs while
13the person is still in service.
14    (h) If a person who first becomes a member or a participant
15of a retirement system or pension fund subject to this Section
16on or after January 1, 2011 is receiving a retirement annuity
17or retirement pension under that system or fund and becomes a
18member or participant under any other system or fund created
19by this Code and is employed on a full-time basis, except for
20those members or participants exempted from the provisions of
21this Section under subsection (a) of this Section, then the
22person's retirement annuity or retirement pension under that
23system or fund shall be suspended during that employment. Upon
24termination of that employment, the person's retirement
25annuity or retirement pension payments shall resume and be
26recalculated if recalculation is provided for under the

 

 

HB4926 Enrolled- 13 -LRB102 24854 RPS 34102 b

1applicable Article of this Code.
2    If a person who first becomes a member of a retirement
3system or pension fund subject to this Section on or after
4January 1, 2012 and is receiving a retirement annuity or
5retirement pension under that system or fund and accepts on a
6contractual basis a position to provide services to a
7governmental entity from which he or she has retired, then
8that person's annuity or retirement pension earned as an
9active employee of the employer shall be suspended during that
10contractual service. A person receiving an annuity or
11retirement pension under this Code shall notify the pension
12fund or retirement system from which he or she is receiving an
13annuity or retirement pension, as well as his or her
14contractual employer, of his or her retirement status before
15accepting contractual employment. A person who fails to submit
16such notification shall be guilty of a Class A misdemeanor and
17required to pay a fine of $1,000. Upon termination of that
18contractual employment, the person's retirement annuity or
19retirement pension payments shall resume and, if appropriate,
20be recalculated under the applicable provisions of this Code.
21    (i) (Blank).
22    (j) In the case of a conflict between the provisions of
23this Section and any other provision of this Code, the
24provisions of this Section shall control.
25(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
26102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
 

 

 

HB4926 Enrolled- 14 -LRB102 24854 RPS 34102 b

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
4less than 20 years of eligible creditable service and has
5attained age 55, and any member who has withdrawn from service
6with not less than 25 years of eligible creditable service and
7has attained age 50, regardless of whether the attainment of
8either of the specified ages occurs while the member is still
9in service, shall be entitled to receive at the option of the
10member, in lieu of the regular or minimum retirement annuity,
11a retirement annuity computed as follows:
12        (i) for periods of service as a noncovered employee:
13    if retirement occurs on or after January 1, 2001, 3% of
14    final average compensation for each year of creditable
15    service; if retirement occurs before January 1, 2001, 2
16    1/4% of final average compensation for each of the first
17    10 years of creditable service, 2 1/2% for each year above
18    10 years to and including 20 years of creditable service,
19    and 2 3/4% for each year of creditable service above 20
20    years; and
21        (ii) for periods of eligible creditable service as a
22    covered employee: if retirement occurs on or after January
23    1, 2001, 2.5% of final average compensation for each year
24    of creditable service; if retirement occurs before January
25    1, 2001, 1.67% of final average compensation for each of

 

 

HB4926 Enrolled- 15 -LRB102 24854 RPS 34102 b

1    the first 10 years of such service, 1.90% for each of the
2    next 10 years of such service, 2.10% for each year of such
3    service in excess of 20 but not exceeding 30, and 2.30% for
4    each year in excess of 30.
5    Such annuity shall be subject to a maximum of 75% of final
6average compensation if retirement occurs before January 1,
72001 or to a maximum of 80% of final average compensation if
8retirement occurs on or after January 1, 2001.
9    These rates shall not be applicable to any service
10performed by a member as a covered employee which is not
11eligible creditable service. Service as a covered employee
12which is not eligible creditable service shall be subject to
13the rates and provisions of Section 14-108.
14    (b) For the purpose of this Section, "eligible creditable
15service" means creditable service resulting from service in
16one or more of the following positions:
17        (1) State policeman;
18        (2) fire fighter in the fire protection service of a
19    department;
20        (3) air pilot;
21        (4) special agent;
22        (5) investigator for the Secretary of State;
23        (6) conservation police officer;
24        (7) investigator for the Department of Revenue or the
25    Illinois Gaming Board;
26        (8) security employee of the Department of Human

 

 

HB4926 Enrolled- 16 -LRB102 24854 RPS 34102 b

1    Services;
2        (9) Central Management Services security police
3    officer;
4        (10) security employee of the Department of
5    Corrections or the Department of Juvenile Justice;
6        (11) dangerous drugs investigator;
7        (12) investigator for the Illinois State Police;
8        (13) investigator for the Office of the Attorney
9    General;
10        (14) controlled substance inspector;
11        (15) investigator for the Office of the State's
12    Attorneys Appellate Prosecutor;
13        (16) Commerce Commission police officer;
14        (17) arson investigator;
15        (18) State highway maintenance worker;
16        (19) security employee of the Department of Innovation
17    and Technology; or
18        (20) transferred employee.
19    A person employed in one of the positions specified in
20this subsection is entitled to eligible creditable service for
21service credit earned under this Article while undergoing the
22basic police training course approved by the Illinois Law
23Enforcement Training Standards Board, if completion of that
24training is required of persons serving in that position. For
25the purposes of this Code, service during the required basic
26police training course shall be deemed performance of the

 

 

HB4926 Enrolled- 17 -LRB102 24854 RPS 34102 b

1duties of the specified position, even though the person is
2not a sworn peace officer at the time of the training.
3    A person under paragraph (20) is entitled to eligible
4creditable service for service credit earned under this
5Article on and after his or her transfer by Executive Order No.
62003-10, Executive Order No. 2004-2, or Executive Order No.
72016-1.
8    (c) For the purposes of this Section:
9        (1) The term "State policeman" includes any title or
10    position in the Illinois State Police that is held by an
11    individual employed under the Illinois State Police Act.
12        (2) The term "fire fighter in the fire protection
13    service of a department" includes all officers in such
14    fire protection service including fire chiefs and
15    assistant fire chiefs.
16        (3) The term "air pilot" includes any employee whose
17    official job description on file in the Department of
18    Central Management Services, or in the department by which
19    he is employed if that department is not covered by the
20    Personnel Code, states that his principal duty is the
21    operation of aircraft, and who possesses a pilot's
22    license; however, the change in this definition made by
23    Public Act 83-842 this amendatory Act of 1983 shall not
24    operate to exclude any noncovered employee who was an "air
25    pilot" for the purposes of this Section on January 1,
26    1984.

 

 

HB4926 Enrolled- 18 -LRB102 24854 RPS 34102 b

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

 

 

HB4926 Enrolled- 19 -LRB102 24854 RPS 34102 b

1    with subsection (a), notwithstanding that he has less than
2    20 years of credit for such service.
3        (6) The term "Conservation Police Officer" means any
4    person employed by the Division of Law Enforcement of the
5    Department of Natural Resources and vested with such law
6    enforcement duties as render him ineligible for coverage
7    under the Social Security Act by reason of Sections
8    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
9    term "Conservation Police Officer" includes the positions
10    of Chief Conservation Police Administrator and Assistant
11    Conservation Police Administrator.
12        (7) The term "investigator for the Department of
13    Revenue" means any person employed by the Department of
14    Revenue and vested with such investigative duties as
15    render him ineligible for coverage under the Social
16    Security Act by reason of Sections 218(d)(5)(A),
17    218(d)(8)(D) and 218(l)(1) of that Act.
18        The term "investigator for the Illinois Gaming Board"
19    means any person employed as such by the Illinois Gaming
20    Board and vested with such peace officer duties as render
21    the person ineligible for coverage under the Social
22    Security Act by reason of Sections 218(d)(5)(A),
23    218(d)(8)(D), and 218(l)(1) of that Act.
24        (8) The term "security employee of the Department of
25    Human Services" means any person employed by the
26    Department of Human Services who (i) is employed at the

 

 

HB4926 Enrolled- 20 -LRB102 24854 RPS 34102 b

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

 

 

HB4926 Enrolled- 21 -LRB102 24854 RPS 34102 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 or the
11    Department of Juvenile Justice" means any employee of the
12    Department of Corrections or the Department of Juvenile
13    Justice or the former Department of Personnel, and any
14    member or employee of the Prisoner Review Board, who has
15    daily contact with inmates or youth by working within a
16    correctional facility or Juvenile facility operated by the
17    Department of Juvenile Justice or who is a parole officer
18    or an employee who has direct contact with committed
19    persons in the performance of his or her job duties. For a
20    member who first becomes an employee under this Article on
21    or after July 1, 2005, the term means an employee of the
22    Department of Corrections or the Department of Juvenile
23    Justice who is any of the following: (i) officially
24    headquartered at a correctional facility or Juvenile
25    facility operated by the Department of Juvenile Justice,
26    (ii) a parole officer, (iii) a member of the apprehension

 

 

HB4926 Enrolled- 22 -LRB102 24854 RPS 34102 b

1    unit, (iv) a member of the intelligence unit, (v) a member
2    of the sort team, or (vi) an investigator.
3        (11) The term "dangerous drugs investigator" means any
4    person who is employed as such by the Department of Human
5    Services.
6        (12) The term "investigator for the Illinois State
7    Police" means a person employed by the Illinois State
8    Police who is vested under Section 4 of the Narcotic
9    Control Division Abolition Act with such law enforcement
10    powers as render him ineligible for coverage under the
11    Social Security Act by reason of Sections 218(d)(5)(A),
12    218(d)(8)(D) and 218(l)(1) of that Act.
13        (13) "Investigator for the Office of the Attorney
14    General" means any person who is employed as such by the
15    Office of the Attorney General and is vested with such
16    investigative duties as render him ineligible for coverage
17    under the Social Security Act by reason of Sections
18    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
19    the period before January 1, 1989, the term includes all
20    persons who were employed as investigators by the Office
21    of the Attorney General, without regard to social security
22    status.
23        (14) "Controlled substance inspector" means any person
24    who is employed as such by the Department of Professional
25    Regulation and is vested with such law enforcement duties
26    as render him ineligible for coverage under the Social

 

 

HB4926 Enrolled- 23 -LRB102 24854 RPS 34102 b

1    Security Act by reason of Sections 218(d)(5)(A),
2    218(d)(8)(D) and 218(l)(1) of that Act. The term
3    "controlled substance inspector" includes the Program
4    Executive of Enforcement and the Assistant Program
5    Executive of Enforcement.
6        (15) The term "investigator for the Office of the
7    State's Attorneys Appellate Prosecutor" means a person
8    employed in that capacity on a full-time full time basis
9    under the authority of Section 7.06 of the State's
10    Attorneys Appellate Prosecutor's Act.
11        (16) "Commerce Commission police officer" means any
12    person employed by the Illinois Commerce Commission who is
13    vested with such law enforcement duties as render him
14    ineligible for coverage under the Social Security Act by
15    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
16    218(l)(1) of that Act.
17        (17) "Arson investigator" means any person who is
18    employed as such by the Office of the State Fire Marshal
19    and is vested with such law enforcement duties as render
20    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. A person who was
23    employed as an arson investigator on January 1, 1995 and
24    is no longer in service but not yet receiving a retirement
25    annuity may convert his or her creditable service for
26    employment as an arson investigator into eligible

 

 

HB4926 Enrolled- 24 -LRB102 24854 RPS 34102 b

1    creditable service by paying to the System the difference
2    between the employee contributions actually paid for that
3    service and the amounts that would have been contributed
4    if the applicant were contributing at the rate applicable
5    to persons with the same social security status earning
6    eligible creditable service on the date of application.
7        (18) The term "State highway maintenance worker" means
8    a person who is either of the following:
9            (i) A person employed on a full-time basis by the
10        Illinois Department of Transportation in the position
11        of highway maintainer, highway maintenance lead
12        worker, highway maintenance lead/lead worker, heavy
13        construction equipment operator, power shovel
14        operator, or bridge mechanic; and whose principal
15        responsibility is to perform, on the roadway, the
16        actual maintenance necessary to keep the highways that
17        form a part of the State highway system in serviceable
18        condition for vehicular traffic.
19            (ii) A person employed on a full-time basis by the
20        Illinois State Toll Highway Authority in the position
21        of equipment operator/laborer H-4, equipment
22        operator/laborer H-6, welder H-4, welder H-6,
23        mechanical/electrical H-4, mechanical/electrical H-6,
24        water/sewer H-4, water/sewer H-6, sign maker/hanger
25        H-4, sign maker/hanger H-6, roadway lighting H-4,
26        roadway lighting H-6, structural H-4, structural H-6,

 

 

HB4926 Enrolled- 25 -LRB102 24854 RPS 34102 b

1        painter H-4, or painter H-6; and whose principal
2        responsibility is to perform, on the roadway, the
3        actual maintenance necessary to keep the Authority's
4        tollways in serviceable condition for vehicular
5        traffic.
6        (19) The term "security employee of the Department of
7    Innovation and Technology" means a person who was a
8    security employee of the Department of Corrections or the
9    Department of Juvenile Justice, was transferred to the
10    Department of Innovation and Technology pursuant to
11    Executive Order 2016-01, and continues to perform similar
12    job functions under that Department.
13        (20) "Transferred employee" means an employee who was
14    transferred to the Department of Central Management
15    Services by Executive Order No. 2003-10 or Executive Order
16    No. 2004-2 or transferred to the Department of Innovation
17    and Technology by Executive Order No. 2016-1, or both, and
18    was entitled to eligible creditable service for services
19    immediately preceding the transfer.
20    (d) A security employee of the Department of Corrections
21or the Department of Juvenile Justice, a security employee of
22the Department of Human Services who is not a mental health
23police officer, and a security employee of the Department of
24Innovation and Technology shall not be eligible for the
25alternative retirement annuity provided by this Section unless
26he or she meets the following minimum age and service

 

 

HB4926 Enrolled- 26 -LRB102 24854 RPS 34102 b

1requirements at the time of retirement:
2        (i) 25 years of eligible creditable service and age
3    55; or
4        (ii) beginning January 1, 1987, 25 years of eligible
5    creditable service and age 54, or 24 years of eligible
6    creditable service and age 55; or
7        (iii) beginning January 1, 1988, 25 years of eligible
8    creditable service and age 53, or 23 years of eligible
9    creditable service and age 55; or
10        (iv) beginning January 1, 1989, 25 years of eligible
11    creditable service and age 52, or 22 years of eligible
12    creditable service and age 55; or
13        (v) beginning January 1, 1990, 25 years of eligible
14    creditable service and age 51, or 21 years of eligible
15    creditable service and age 55; or
16        (vi) beginning January 1, 1991, 25 years of eligible
17    creditable service and age 50, or 20 years of eligible
18    creditable service and age 55.
19    Persons who have service credit under Article 16 of this
20Code for service as a security employee of the Department of
21Corrections or the Department of Juvenile Justice, or the
22Department of Human Services in a position requiring
23certification as a teacher may count such service toward
24establishing their eligibility under the service requirements
25of this Section; but such service may be used only for
26establishing such eligibility, and not for the purpose of

 

 

HB4926 Enrolled- 27 -LRB102 24854 RPS 34102 b

1increasing or calculating any benefit.
2    (e) If a member enters military service while working in a
3position in which eligible creditable service may be earned,
4and returns to State service in the same or another such
5position, and fulfills in all other respects the conditions
6prescribed in this Article for credit for military service,
7such military service shall be credited as eligible creditable
8service for the purposes of the retirement annuity prescribed
9in this Section.
10    (f) For purposes of calculating retirement annuities under
11this Section, periods of service rendered after December 31,
121968 and before October 1, 1975 as a covered employee in the
13position of special agent, conservation police officer, mental
14health police officer, or investigator for the Secretary of
15State, shall be deemed to have been service as a noncovered
16employee, provided that the employee pays to the System prior
17to retirement an amount equal to (1) the difference between
18the employee contributions that would have been required for
19such service as a noncovered employee, and the amount of
20employee contributions actually paid, plus (2) if payment is
21made after July 31, 1987, regular interest on the amount
22specified in item (1) from the date of service to the date of
23payment.
24    For purposes of calculating retirement annuities under
25this Section, periods of service rendered after December 31,
261968 and before January 1, 1982 as a covered employee in the

 

 

HB4926 Enrolled- 28 -LRB102 24854 RPS 34102 b

1position of investigator for the Department of Revenue shall
2be deemed to have been service as a noncovered employee,
3provided that the employee pays to the System prior to
4retirement an amount equal to (1) the difference between the
5employee contributions that would have been required for such
6service as a noncovered employee, and the amount of employee
7contributions actually paid, plus (2) if payment is made after
8January 1, 1990, regular interest on the amount specified in
9item (1) from the date of service to the date of payment.
10    (g) A State policeman may elect, not later than January 1,
111990, to establish eligible creditable service for up to 10
12years of his service as a policeman under Article 3, by filing
13a written election with the Board, accompanied by payment of
14an amount to be determined by the Board, equal to (i) the
15difference between the amount of employee and employer
16contributions transferred to the System under Section 3-110.5,
17and the amounts that would have been contributed had such
18contributions been made at the rates applicable to State
19policemen, plus (ii) interest thereon at the effective rate
20for each year, compounded annually, from the date of service
21to the date of payment.
22    Subject to the limitation in subsection (i), a State
23policeman may elect, not later than July 1, 1993, to establish
24eligible creditable service for up to 10 years of his service
25as a member of the County Police Department under Article 9, by
26filing a written election with the Board, accompanied by

 

 

HB4926 Enrolled- 29 -LRB102 24854 RPS 34102 b

1payment of an amount to be determined by the Board, equal to
2(i) the difference between the amount of employee and employer
3contributions transferred to the System under Section 9-121.10
4and the amounts that would have been contributed had those
5contributions been made at the rates applicable to State
6policemen, plus (ii) interest thereon at the effective rate
7for each year, compounded annually, from the date of service
8to the date of payment.
9    (h) Subject to the limitation in subsection (i), a State
10policeman or investigator for the Secretary of State may elect
11to establish eligible creditable service for up to 12 years of
12his service as a policeman under Article 5, by filing a written
13election with the Board on or before January 31, 1992, and
14paying to the System by January 31, 1994 an amount to be
15determined by the Board, equal to (i) the difference between
16the amount of employee and employer contributions transferred
17to the System under Section 5-236, and the amounts that would
18have been contributed had such contributions been made at the
19rates applicable to State policemen, plus (ii) interest
20thereon at the effective rate for each year, compounded
21annually, from the date of service to the date of payment.
22    Subject to the limitation in subsection (i), a State
23policeman, conservation police officer, or investigator for
24the Secretary of State may elect to establish eligible
25creditable service for up to 10 years of service as a sheriff's
26law enforcement employee under Article 7, by filing a written

 

 

HB4926 Enrolled- 30 -LRB102 24854 RPS 34102 b

1election with the Board on or before January 31, 1993, and
2paying to the System by January 31, 1994 an amount to be
3determined by the Board, equal to (i) the difference between
4the amount of employee and employer contributions transferred
5to the System under Section 7-139.7, and the amounts that
6would have been contributed had such contributions been made
7at the rates applicable to State policemen, plus (ii) interest
8thereon at the effective rate for each year, compounded
9annually, from the date of service to the date of payment.
10    Subject to the limitation in subsection (i), a State
11policeman, conservation police officer, or investigator for
12the Secretary of State may elect to establish eligible
13creditable service for up to 5 years of service as a police
14officer under Article 3, a policeman under Article 5, a
15sheriff's law enforcement employee under Article 7, a member
16of the county police department under Article 9, or a police
17officer under Article 15 by filing a written election with the
18Board and paying to the System an amount to be determined by
19the Board, equal to (i) the difference between the amount of
20employee and employer contributions transferred to the System
21under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
22and the amounts that would have been contributed had such
23contributions been made at the rates applicable to State
24policemen, plus (ii) interest thereon at the effective rate
25for each year, compounded annually, from the date of service
26to the date of payment.

 

 

HB4926 Enrolled- 31 -LRB102 24854 RPS 34102 b

1    Subject to the limitation in subsection (i), an
2investigator for the Office of the Attorney General, or an
3investigator for the Department of Revenue, may elect to
4establish eligible creditable service for up to 5 years of
5service as a police officer under Article 3, a policeman under
6Article 5, a sheriff's law enforcement employee under Article
77, or a member of the county police department under Article 9
8by filing a written election with the Board within 6 months
9after August 25, 2009 (the effective date of Public Act
1096-745) and paying to the System an amount to be determined by
11the Board, equal to (i) the difference between the amount of
12employee and employer contributions transferred to the System
13under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
14amounts that would have been contributed had such
15contributions been made at the rates applicable to State
16policemen, plus (ii) interest thereon at the actuarially
17assumed rate for each year, compounded annually, from the date
18of service to the date of payment.
19    Subject to the limitation in subsection (i), a State
20policeman, conservation police officer, investigator for the
21Office of the Attorney General, an investigator for the
22Department of Revenue, or investigator for the Secretary of
23State may elect to establish eligible creditable service for
24up to 5 years of service as a person employed by a
25participating municipality to perform police duties, or law
26enforcement officer employed on a full-time basis by a forest

 

 

HB4926 Enrolled- 32 -LRB102 24854 RPS 34102 b

1preserve district under Article 7, a county corrections
2officer, or a court services officer under Article 9, by
3filing a written election with the Board within 6 months after
4August 25, 2009 (the effective date of Public Act 96-745) and
5paying to the System an amount to be determined by the Board,
6equal to (i) the difference between the amount of employee and
7employer contributions transferred to the System under
8Sections 7-139.8 and 9-121.10 and the amounts that would have
9been contributed had such contributions been made at the rates
10applicable to State policemen, plus (ii) interest thereon at
11the actuarially assumed rate for each year, compounded
12annually, from the date of service to the date of payment.
13    Subject to the limitation in subsection (i), a State
14policeman, arson investigator, or Commerce Commission police
15officer may elect to establish eligible creditable service for
16up to 5 years of service as a person employed by a
17participating municipality to perform police duties under
18Article 7, a county corrections officer, a court services
19officer under Article 9, or a firefighter under Article 4 by
20filing a written election with the Board within 6 months after
21July 30, 2021 (the effective date of Public Act 102-210) this
22amendatory Act of the 102nd General Assembly and paying to the
23System an amount to be determined by the Board equal to (i) the
24difference between the amount of employee and employer
25contributions transferred to the System under Sections
264-108.8, 7-139.8, and 9-121.10 and the amounts that would have

 

 

HB4926 Enrolled- 33 -LRB102 24854 RPS 34102 b

1been contributed had such contributions been made at the rates
2applicable to State policemen, plus (ii) interest thereon at
3the actuarially assumed rate for each year, compounded
4annually, from the date of service to the date of payment.
5    Subject to the limitation in subsection (i), a
6conservation police officer may elect to establish eligible
7creditable service for up to 5 years of service as a person
8employed by a participating municipality to perform police
9duties under Article 7, a county corrections officer, or a
10court services officer under Article 9 by filing a written
11election with the Board within 6 months after July 30, 2021
12(the effective date of Public Act 102-210) this amendatory Act
13of the 102nd General Assembly and paying to the System an
14amount to be determined by the Board equal to (i) the
15difference between the amount of employee and employer
16contributions transferred to the System under Sections 7-139.8
17and 9-121.10 and the amounts that would have been contributed
18had such contributions been made at the rates applicable to
19State policemen, plus (ii) interest thereon at the actuarially
20assumed rate for each year, compounded annually, from the date
21of service to the date of payment.
22    Notwithstanding the limitation in subsection (i), a State
23policeman or conservation police officer may elect to convert
24service credit earned under this Article to eligible
25creditable service, as defined by this Section, by filing a
26written election with the board within 6 months after July 30,

 

 

HB4926 Enrolled- 34 -LRB102 24854 RPS 34102 b

12021 (the effective date of Public Act 102-210) this
2amendatory Act of the 102nd General Assembly and paying to the
3System an amount to be determined by the Board equal to (i) the
4difference between the amount of employee contributions
5originally paid for that service and the amounts that would
6have been contributed had such contributions been made at the
7rates applicable to State policemen, plus (ii) the difference
8between the employer's normal cost of the credit prior to the
9conversion authorized by Public Act 102-210 this amendatory
10Act of the 102nd General Assembly and the employer's normal
11cost of the credit converted in accordance with Public Act
12102-210 this amendatory Act of the 102nd General Assembly,
13plus (iii) interest thereon at the actuarially assumed rate
14for each year, compounded annually, from the date of service
15to the date of payment.
16    (i) The total amount of eligible creditable service
17established by any person under subsections (g), (h), (j),
18(k), (l), (l-5), and (o), and (p) of this Section shall not
19exceed 12 years.
20    (j) Subject to the limitation in subsection (i), an
21investigator for the Office of the State's Attorneys Appellate
22Prosecutor or a controlled substance inspector may elect to
23establish eligible creditable service for up to 10 years of
24his service as a policeman under Article 3 or a sheriff's law
25enforcement employee under Article 7, by filing a written
26election with the Board, accompanied by payment of an amount

 

 

HB4926 Enrolled- 35 -LRB102 24854 RPS 34102 b

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

 

 

HB4926 Enrolled- 36 -LRB102 24854 RPS 34102 b

1plus (3) regular interest on the amounts in items (1) and (2)
2from the first day as an alternative formula employee after
3the employment for which credit is being established to the
4date of payment.
5    (l) Subject to the limitation in subsection (i), a
6security employee of the Department of Corrections may elect,
7not later than July 1, 1998, to establish eligible creditable
8service for up to 10 years of his or her service as a policeman
9under Article 3, by filing a written election with the Board,
10accompanied by payment of an amount to be determined by the
11Board, equal to (i) the difference between the amount of
12employee and employer contributions transferred to the System
13under Section 3-110.5, and the amounts that would have been
14contributed had such contributions been made at the rates
15applicable to security employees of the Department of
16Corrections, plus (ii) interest thereon at the effective rate
17for each year, compounded annually, from the date of service
18to the date of payment.
19    (l-5) Subject to the limitation in subsection (i) of this
20Section, a State policeman may elect to establish eligible
21creditable service for up to 5 years of service as a full-time
22law enforcement officer employed by the federal government or
23by a state or local government located outside of Illinois for
24which credit is not held in any other public employee pension
25fund or retirement system. To obtain this credit, the
26applicant must file a written application with the Board no

 

 

HB4926 Enrolled- 37 -LRB102 24854 RPS 34102 b

1later than 3 years after January 1, 2020 (the effective date of
2Public Act 101-610) this amendatory Act of the 101st General
3Assembly, accompanied by evidence of eligibility acceptable to
4the Board and payment of an amount to be determined by the
5Board, equal to (1) employee contributions for the credit
6being established, based upon the applicant's salary on the
7first day as an alternative formula employee after the
8employment for which credit is being established and the rates
9then applicable to alternative formula employees, plus (2) an
10amount determined by the Board to be the employer's normal
11cost of the benefits accrued for the credit being established,
12plus (3) regular interest on the amounts in items (1) and (2)
13from the first day as an alternative formula employee after
14the employment for which credit is being established to the
15date of payment.
16    (m) The amendatory changes to this Section made by Public
17Act 94-696 this amendatory Act of the 94th General Assembly
18apply only to: (1) security employees of the Department of
19Juvenile Justice employed by the Department of Corrections
20before June 1, 2006 (the effective date of Public Act 94-696)
21this amendatory Act of the 94th General Assembly and
22transferred to the Department of Juvenile Justice by Public
23Act 94-696 this amendatory Act of the 94th General Assembly;
24and (2) persons employed by the Department of Juvenile Justice
25on or after June 1, 2006 (the effective date of Public Act
2694-696) this amendatory Act of the 94th General Assembly who

 

 

HB4926 Enrolled- 38 -LRB102 24854 RPS 34102 b

1are required by subsection (b) of Section 3-2.5-15 of the
2Unified Code of Corrections to have any bachelor's or advanced
3degree from an accredited college or university or, in the
4case of persons who provide vocational training, who are
5required to have adequate knowledge in the skill for which
6they are providing the vocational training.
7    (n) A person employed in a position under subsection (b)
8of this Section who has purchased service credit under
9subsection (j) of Section 14-104 or subsection (b) of Section
1014-105 in any other capacity under this Article may convert up
11to 5 years of that service credit into service credit covered
12under this Section by paying to the Fund an amount equal to (1)
13the additional employee contribution required under Section
1414-133, plus (2) the additional employer contribution required
15under Section 14-131, plus (3) interest on items (1) and (2) at
16the actuarially assumed rate from the date of the service to
17the date of payment.
18    (o) Subject to the limitation in subsection (i), a
19conservation police officer, investigator for the Secretary of
20State, Commerce Commission police officer, investigator for
21the Department of Revenue or the Illinois Gaming Board, or
22arson investigator subject to subsection (g) of Section 1-160
23may elect to convert up to 8 years of service credit
24established before January 1, 2020 (the effective date of
25Public Act 101-610) this amendatory Act of the 101st General
26Assembly as a conservation police officer, investigator for

 

 

HB4926 Enrolled- 39 -LRB102 24854 RPS 34102 b

1the Secretary of State, Commerce Commission police officer,
2investigator for the Department of Revenue or the Illinois
3Gaming Board, or arson investigator under this Article into
4eligible creditable service by filing a written election with
5the Board no later than one year after January 1, 2020 (the
6effective date of Public Act 101-610) this amendatory Act of
7the 101st General Assembly, accompanied by payment of an
8amount to be determined by the Board equal to (i) the
9difference between the amount of the employee contributions
10actually paid for that service and the amount of the employee
11contributions that would have been paid had the employee
12contributions been made as a noncovered employee serving in a
13position in which eligible creditable service, as defined in
14this Section, may be earned, plus (ii) interest thereon at the
15effective rate for each year, compounded annually, from the
16date of service to the date of payment.
17    (p) Subject to the limitation in subsection (i), an
18investigator for the Office of the Attorney General subject to
19subsection (g) of Section 1-160 may elect to convert up to 8
20years of service credit established before the effective date
21of this amendatory Act of the 102nd General Assembly as an
22investigator for the Office of the Attorney General under this
23Article into eligible creditable service by filing a written
24election with the Board no later than one year after the
25effective date of this amendatory Act of the 102nd General
26Assembly, accompanied by payment of an amount to be determined

 

 

HB4926 Enrolled- 40 -LRB102 24854 RPS 34102 b

1by the Board equal to (i) the difference between the amount of
2the employee contributions actually paid for that service and
3the amount of the employee contributions that would have been
4paid had the employee contributions been made as a noncovered
5employee serving in a position in which eligible creditable
6service, as defined in this Section, may be earned, plus (ii)
7interest thereon at the effective rate for each year,
8compounded annually, from the date of service to the date of
9payment.
10(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
11102-538, eff. 8-20-21; revised 10-12-21.)
 
12    (40 ILCS 5/14-152.1)
13    Sec. 14-152.1. Application and expiration of new benefit
14increases.
15    (a) As used in this Section, "new benefit increase" means
16an increase in the amount of any benefit provided under this
17Article, or an expansion of the conditions of eligibility for
18any benefit under this Article, that results from an amendment
19to this Code that takes effect after June 1, 2005 (the
20effective date of Public Act 94-4). "New benefit increase",
21however, does not include any benefit increase resulting from
22the changes made to Article 1 or this Article by Public Act
2396-37, Public Act 100-23, Public Act 100-587, Public Act
24100-611, Public Act 101-10, Public Act 101-610, Public Act
25102-210, or this amendatory Act of the 102nd General Assembly

 

 

HB4926 Enrolled- 41 -LRB102 24854 RPS 34102 b

1this amendatory Act of the 102nd General Assembly.
2    (b) Notwithstanding any other provision of this Code or
3any subsequent amendment to this Code, every new benefit
4increase is subject to this Section and shall be deemed to be
5granted only in conformance with and contingent upon
6compliance with the provisions of this Section.
7    (c) The Public Act enacting a new benefit increase must
8identify and provide for payment to the System of additional
9funding at least sufficient to fund the resulting annual
10increase in cost to the System as it accrues.
11    Every new benefit increase is contingent upon the General
12Assembly providing the additional funding required under this
13subsection. The Commission on Government Forecasting and
14Accountability shall analyze whether adequate additional
15funding has been provided for the new benefit increase and
16shall report its analysis to the Public Pension Division of
17the Department of Insurance. A new benefit increase created by
18a Public Act that does not include the additional funding
19required under this subsection is null and void. If the Public
20Pension Division determines that the additional funding
21provided for a new benefit increase under this subsection is
22or has become inadequate, it may so certify to the Governor and
23the State Comptroller and, in the absence of corrective action
24by the General Assembly, the new benefit increase shall expire
25at the end of the fiscal year in which the certification is
26made.

 

 

HB4926 Enrolled- 42 -LRB102 24854 RPS 34102 b

1    (d) Every new benefit increase shall expire 5 years after
2its effective date or on such earlier date as may be specified
3in the language enacting the new benefit increase or provided
4under subsection (c). This does not prevent the General
5Assembly from extending or re-creating a new benefit increase
6by law.
7    (e) Except as otherwise provided in the language creating
8the new benefit increase, a new benefit increase that expires
9under this Section continues to apply to persons who applied
10and qualified for the affected benefit while the new benefit
11increase was in effect and to the affected beneficiaries and
12alternate payees of such persons, but does not apply to any
13other person, including, without limitation, a person who
14continues in service after the expiration date and did not
15apply and qualify for the affected benefit while the new
16benefit increase was in effect.
17(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
18101-610, eff. 1-1-20; 102-210, eff. 7-30-21.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.