Illinois General Assembly - Full Text of SB2073
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Full Text of SB2073  102nd General Assembly

SB2073 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2073

 

Introduced 2/26/2021, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/1-160
40 ILCS 5/14-110  from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-152.1

    Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that the alternative retirement annuity under the State Employee Article applies to a security employee of the Department of Human Services subject to the Tier 2 provisions. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 9 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services under the State Employee Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective January 1, 2022.


LRB102 14733 RPS 20086 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2073LRB102 14733 RPS 20086 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,
1315 or 18 of this Code, notwithstanding any other provision of
14this Code to the contrary, but do not apply to any self-managed
15plan established under this Code, to any person with respect
16to service as a sheriff's law enforcement employee under
17Article 7, or to any participant of the retirement plan
18established under Section 22-101. Notwithstanding anything to
19the contrary in this Section, for purposes of this Section, a
20person who participated in a retirement system under Article
2115 prior to January 1, 2011 shall be deemed a person who first
22became a member or participant prior to January 1, 2011 under
23any retirement system or pension fund subject to this Section.

 

 

SB2073- 2 -LRB102 14733 RPS 20086 b

1The changes made to this Section by Public Act 98-596 are a
2clarification of existing law and are intended to be
3retroactive to January 1, 2011 (the effective date of Public
4Act 96-889), notwithstanding the provisions of Section 1-103.1
5of this Code.
6    This Section does not apply to a person who first becomes a
7noncovered employee under Article 14 on or after the
8implementation date of the plan created under Section 1-161
9for that Article, unless that person elects under subsection
10(b) of Section 1-161 to instead receive the benefits provided
11under this Section and the applicable provisions of that
12Article.
13    This Section does not apply to a person who first becomes a
14member or participant under Article 16 on or after the
15implementation date of the plan created under Section 1-161
16for that Article, unless that person elects under subsection
17(b) of Section 1-161 to instead receive the benefits provided
18under this Section and the applicable provisions of that
19Article.
20    This Section does not apply to a person who elects under
21subsection (c-5) of Section 1-161 to receive the benefits
22under Section 1-161.
23    This Section does not apply to a person who first becomes a
24member or participant of an affected pension fund on or after 6
25months after the resolution or ordinance date, as defined in
26Section 1-162, unless that person elects under subsection (c)

 

 

SB2073- 3 -LRB102 14733 RPS 20086 b

1of Section 1-162 to receive the benefits provided under this
2Section and the applicable provisions of the Article under
3which he or she is a member or participant.
4    (b) "Final average salary" means the average monthly (or
5annual) salary obtained by dividing the total salary or
6earnings calculated under the Article applicable to the member
7or participant during the 96 consecutive months (or 8
8consecutive years) of service within the last 120 months (or
910 years) of service in which the total salary or earnings
10calculated under the applicable Article was the highest by the
11number of months (or years) of service in that period. For the
12purposes of a person who first becomes a member or participant
13of any retirement system or pension fund to which this Section
14applies on or after January 1, 2011, in this Code, "final
15average salary" shall be substituted for the following:
16        (1) In Article 7 (except for service as sheriff's law
17    enforcement employees), "final rate of earnings".
18        (2) In Articles 8, 9, 10, 11, and 12, "highest average
19    annual salary for any 4 consecutive years within the last
20    10 years of service immediately preceding the date of
21    withdrawal".
22        (3) In Article 13, "average final salary".
23        (4) In Article 14, "final average compensation".
24        (5) In Article 17, "average salary".
25        (6) In Section 22-207, "wages or salary received by
26    him at the date of retirement or discharge".

 

 

SB2073- 4 -LRB102 14733 RPS 20086 b

1    (b-5) Beginning on January 1, 2011, for all purposes under
2this Code (including without limitation the calculation of
3benefits and employee contributions), the annual earnings,
4salary, or wages (based on the plan year) of a member or
5participant to whom this Section applies shall not exceed
6$106,800; however, that amount shall annually thereafter be
7increased by the lesser of (i) 3% of that amount, including all
8previous adjustments, or (ii) one-half the annual unadjusted
9percentage increase (but not less than zero) in the consumer
10price index-u for the 12 months ending with the September
11preceding each November 1, including all previous adjustments.
12    For the purposes of this Section, "consumer price index-u"
13means the index published by the Bureau of Labor Statistics of
14the United States Department of Labor that measures the
15average change in prices of goods and services purchased by
16all urban consumers, United States city average, all items,
171982-84 = 100. The new amount resulting from each annual
18adjustment shall be determined by the Public Pension Division
19of the Department of Insurance and made available to the
20boards of the retirement systems and pension funds by November
211 of each year.
22    (c) A member or participant is entitled to a retirement
23annuity upon written application if he or she has attained age
2467 (beginning January 1, 2015, age 65 with respect to service
25under Article 12 of this Code that is subject to this Section)
26and has at least 10 years of service credit and is otherwise

 

 

SB2073- 5 -LRB102 14733 RPS 20086 b

1eligible under the requirements of the applicable Article.
2    A member or participant who has attained age 62 (beginning
3January 1, 2015, age 60 with respect to service under Article
412 of this Code that is subject to this Section) and has at
5least 10 years of service credit and is otherwise eligible
6under the requirements of the applicable Article may elect to
7receive the lower retirement annuity provided in subsection
8(d) of this 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 (beginning January 1, 2015,
20age 60 with respect to service under Article 12 of this Code
21that is subject to this Section) with at least 10 years of
22service credit shall be reduced by one-half of 1% for each full
23month that the member's age is under age 67 (beginning January
241, 2015, age 65 with respect to service under Article 12 of
25this Code that is subject to this Section).
26    (d-5) The retirement annuity payable under Article 8 or

 

 

SB2073- 6 -LRB102 14733 RPS 20086 b

1Article 11 to an eligible person subject to subsection (c-5)
2of this Section who is retiring at age 60 with at least 10
3years of service credit shall be reduced by one-half of 1% for
4each full month that the member's age is under age 65.
5    (d-10) Each person who first became a member or
6participant under Article 8 or Article 11 of this Code on or
7after January 1, 2011 and prior to the effective date of this
8amendatory Act of the 100th General Assembly shall make an
9irrevocable election either:
10        (i) to be eligible for the reduced retirement age
11    provided in subsections (c-5) and (d-5) of this Section,
12    the eligibility for which is conditioned upon the member
13    or participant agreeing to the increases in employee
14    contributions for age and service annuities provided in
15    subsection (a-5) of Section 8-174 of this Code (for
16    service under Article 8) or subsection (a-5) of Section
17    11-170 of this Code (for service under Article 11); or
18        (ii) to not agree to item (i) of this subsection
19    (d-10), in which case the member or participant shall
20    continue to be subject to the retirement age provisions in
21    subsections (c) and (d) of this Section and the employee
22    contributions for age and service annuity as provided in
23    subsection (a) of Section 8-174 of this Code (for service
24    under Article 8) or subsection (a) of Section 11-170 of
25    this Code (for service under Article 11).
26    The election provided for in this subsection shall be made

 

 

SB2073- 7 -LRB102 14733 RPS 20086 b

1between October 1, 2017 and November 15, 2017. A person
2subject to this subsection who makes the required election
3shall remain bound by that election. A person subject to this
4subsection who fails for any reason to make the required
5election within the time specified in this subsection shall be
6deemed to have made the election under item (ii).
7    (e) Any retirement annuity or supplemental annuity shall
8be subject to annual increases on the January 1 occurring
9either on or after the attainment of age 67 (beginning January
101, 2015, age 65 with respect to service under Article 12 of
11this Code that is subject to this Section and beginning on the
12effective date of this amendatory Act of the 100th General
13Assembly, age 65 with respect to service under Article 8 or
14Article 11 for eligible persons who: (i) are subject to
15subsection (c-5) of this Section; or (ii) made the election
16under item (i) of subsection (d-10) of this Section) or the
17first anniversary of the annuity start date, whichever is
18later. Each annual increase shall be calculated at 3% or
19one-half the annual unadjusted percentage increase (but not
20less than zero) in the consumer price index-u for the 12 months
21ending with the September preceding each November 1, whichever
22is less, of the originally granted retirement annuity. If the
23annual unadjusted percentage change in the consumer price
24index-u for the 12 months ending with the September preceding
25each November 1 is zero or there is a decrease, then the
26annuity shall not be increased.

 

 

SB2073- 8 -LRB102 14733 RPS 20086 b

1    For the purposes of Section 1-103.1 of this Code, the
2changes made to this Section by this amendatory Act of the
3100th General Assembly are applicable without regard to
4whether the employee was in active service on or after the
5effective date of this amendatory Act of the 100th General
6Assembly.
7    (f) The initial survivor's or widow's annuity of an
8otherwise eligible survivor or widow of a retired member or
9participant who first became a member or participant on or
10after January 1, 2011 shall be in the amount of 66 2/3% of the
11retired member's or participant's retirement annuity at the
12date of death. In the case of the death of a member or
13participant who has not retired and who first became a member
14or participant on or after January 1, 2011, eligibility for a
15survivor's or widow's annuity shall be determined by the
16applicable Article of this Code. The initial benefit shall be
1766 2/3% of the earned annuity without a reduction due to age. A
18child's annuity of an otherwise eligible child shall be in the
19amount prescribed under each Article if applicable. Any
20survivor's or widow's annuity shall be increased (1) on each
21January 1 occurring on or after the commencement of the
22annuity if the deceased member died while receiving a
23retirement annuity or (2) in other cases, on each January 1
24occurring after the first anniversary of the commencement of
25the annuity. Each annual increase shall be calculated at 3% or
26one-half the annual unadjusted percentage increase (but not

 

 

SB2073- 9 -LRB102 14733 RPS 20086 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 survivor's 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    (g) The benefits in Section 14-110 apply only if the
9person is a State policeman, a fire fighter in the fire
10protection service of a department, a conservation police
11officer, an investigator for the Secretary of State, an arson
12investigator, a Commerce Commission police officer,
13investigator for the Department of Revenue or the Illinois
14Gaming Board, a security employee of the Department of
15Corrections or the Department of Juvenile Justice, a security
16employee of the Department of Human Services, or a security
17employee of the Department of Innovation and Technology, as
18those terms are defined in subsection (b) and subsection (c)
19of Section 14-110. A person who meets the requirements of this
20Section is entitled to an annuity calculated under the
21provisions of Section 14-110, in lieu of the regular or
22minimum retirement annuity, only if the person has withdrawn
23from service with not less than 20 years of eligible
24creditable service and has attained age 60, regardless of
25whether the attainment of age 60 occurs while the person is
26still in service.

 

 

SB2073- 10 -LRB102 14733 RPS 20086 b

1    (h) If a person who first becomes a member or a participant
2of a retirement system or pension fund subject to this Section
3on or after January 1, 2011 is receiving a retirement annuity
4or retirement pension under that system or fund and becomes a
5member or participant under any other system or fund created
6by this Code and is employed on a full-time basis, except for
7those members or participants exempted from the provisions of
8this Section under subsection (a) of this Section, then the
9person's retirement annuity or retirement pension under that
10system or fund shall be suspended during that employment. Upon
11termination of that employment, the person's retirement
12annuity or retirement pension payments shall resume and be
13recalculated if recalculation is provided for under the
14applicable Article of this Code.
15    If a person who first becomes a member of a retirement
16system or pension fund subject to this Section on or after
17January 1, 2012 and is receiving a retirement annuity or
18retirement pension under that system or fund and accepts on a
19contractual basis a position to provide services to a
20governmental entity from which he or she has retired, then
21that person's annuity or retirement pension earned as an
22active employee of the employer shall be suspended during that
23contractual service. A person receiving an annuity or
24retirement pension under this Code shall notify the pension
25fund or retirement system from which he or she is receiving an
26annuity or retirement pension, as well as his or her

 

 

SB2073- 11 -LRB102 14733 RPS 20086 b

1contractual employer, of his or her retirement status before
2accepting contractual employment. A person who fails to submit
3such notification shall be guilty of a Class A misdemeanor and
4required to pay a fine of $1,000. Upon termination of that
5contractual employment, the person's retirement annuity or
6retirement pension payments shall resume and, if appropriate,
7be recalculated under the applicable provisions of this Code.
8    (i) (Blank).
9    (j) In the case of a conflict between the provisions of
10this Section and any other provision of this Code, the
11provisions of this Section shall control.
12(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
13100-563, eff. 12-8-17; 100-611, eff. 7-20-18; 100-1166, eff.
141-4-19; 101-610, eff. 1-1-20.)
 
15    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
16    Sec. 14-110. Alternative retirement annuity.
17    (a) Any member who has withdrawn from service with not
18less than 20 years of eligible creditable service and has
19attained age 55, and any member who has withdrawn from service
20with not less than 25 years of eligible creditable service and
21has attained age 50, regardless of whether the attainment of
22either of the specified ages occurs while the member is still
23in service, shall be entitled to receive at the option of the
24member, in lieu of the regular or minimum retirement annuity,
25a retirement annuity computed as follows:

 

 

SB2073- 12 -LRB102 14733 RPS 20086 b

1        (i) for periods of service as a noncovered employee:
2    if retirement occurs on or after January 1, 2001, 3% of
3    final average compensation for each year of creditable
4    service; if retirement occurs before January 1, 2001, 2
5    1/4% of final average compensation for each of the first
6    10 years of creditable service, 2 1/2% for each year above
7    10 years to and including 20 years of creditable service,
8    and 2 3/4% for each year of creditable service above 20
9    years; and
10        (ii) for periods of eligible creditable service as a
11    covered employee: if retirement occurs on or after January
12    1, 2001, 2.5% of final average compensation for each year
13    of creditable service; if retirement occurs before January
14    1, 2001, 1.67% of final average compensation for each of
15    the first 10 years of such service, 1.90% for each of the
16    next 10 years of such service, 2.10% for each year of such
17    service in excess of 20 but not exceeding 30, and 2.30% for
18    each year in excess of 30.
19    Such annuity shall be subject to a maximum of 75% of final
20average compensation if retirement occurs before January 1,
212001 or to a maximum of 80% of final average compensation if
22retirement occurs on or after January 1, 2001.
23    These rates shall not be applicable to any service
24performed by a member as a covered employee which is not
25eligible creditable service. Service as a covered employee
26which is not eligible creditable service shall be subject to

 

 

SB2073- 13 -LRB102 14733 RPS 20086 b

1the rates and provisions of Section 14-108.
2    (b) For the purpose of this Section, "eligible creditable
3service" means creditable service resulting from service in
4one or more of the following positions:
5        (1) State policeman;
6        (2) fire fighter in the fire protection service of a
7    department;
8        (3) air pilot;
9        (4) special agent;
10        (5) investigator for the Secretary of State;
11        (6) conservation police officer;
12        (7) investigator for the Department of Revenue or the
13    Illinois Gaming Board;
14        (8) security employee of the Department of Human
15    Services;
16        (9) Central Management Services security police
17    officer;
18        (10) security employee of the Department of
19    Corrections or the Department of Juvenile Justice;
20        (11) dangerous drugs investigator;
21        (12) investigator for the Department of State Police;
22        (13) investigator for the Office of the Attorney
23    General;
24        (14) controlled substance inspector;
25        (15) investigator for the Office of the State's
26    Attorneys Appellate Prosecutor;

 

 

SB2073- 14 -LRB102 14733 RPS 20086 b

1        (16) Commerce Commission police officer;
2        (17) arson investigator;
3        (18) State highway maintenance worker;
4        (19) security employee of the Department of Innovation
5    and Technology; or
6        (20) transferred employee.
7    A person employed in one of the positions specified in
8this subsection is entitled to eligible creditable service for
9service credit earned under this Article while undergoing the
10basic police training course approved by the Illinois Law
11Enforcement Training Standards Board, if completion of that
12training is required of persons serving in that position. For
13the purposes of this Code, service during the required basic
14police training course shall be deemed performance of the
15duties of the specified position, even though the person is
16not a sworn peace officer at the time of the training.
17    A person under paragraph (20) is entitled to eligible
18creditable service for service credit earned under this
19Article on and after his or her transfer by Executive Order No.
202003-10, Executive Order No. 2004-2, or Executive Order No.
212016-1.
22    (c) For the purposes of this Section:
23        (1) The term "State policeman" includes any title or
24    position in the Department of State Police that is held by
25    an individual employed under the State Police Act.
26        (2) The term "fire fighter in the fire protection

 

 

SB2073- 15 -LRB102 14733 RPS 20086 b

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

 

 

SB2073- 16 -LRB102 14733 RPS 20086 b

1        (5) The term "investigator for the Secretary of State"
2    means any person employed by the Office of the Secretary
3    of State and vested with such investigative duties as
4    render him ineligible for coverage under the Social
5    Security Act by reason of Sections 218(d)(5)(A),
6    218(d)(8)(D) and 218(l)(1) of that Act.
7        A person who became employed as an investigator for
8    the Secretary of State between January 1, 1967 and
9    December 31, 1975, and who has served as such until
10    attainment of age 60, either continuously or with a single
11    break in service of not more than 3 years duration, which
12    break terminated before January 1, 1976, shall be entitled
13    to have his retirement annuity calculated in accordance
14    with subsection (a), notwithstanding that he has less than
15    20 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

 

 

SB2073- 17 -LRB102 14733 RPS 20086 b

1    Revenue and vested with such investigative duties as
2    render him ineligible for coverage under the Social
3    Security Act by reason of Sections 218(d)(5)(A),
4    218(d)(8)(D) and 218(l)(1) of that Act.
5        The term "investigator for the Illinois Gaming Board"
6    means any person employed as such by the Illinois Gaming
7    Board and vested with such peace officer duties as render
8    the person ineligible for coverage under the Social
9    Security Act by reason of Sections 218(d)(5)(A),
10    218(d)(8)(D), and 218(l)(1) of that Act.
11        (8) The term "security employee of the Department of
12    Human Services" means any person employed by the
13    Department of Human Services who (i) is employed at the
14    Chester Mental Health Center and has daily contact with
15    the residents thereof, (ii) is employed within a security
16    unit at a facility operated by the Department and has
17    daily contact with the residents of the security unit,
18    (iii) is employed at a facility operated by the Department
19    that includes a security unit and is regularly scheduled
20    to work at least 50% of his or her working hours within
21    that security unit, or (iv) is a mental health police
22    officer. "Mental health police officer" means any person
23    employed by the Department of Human Services in a position
24    pertaining to the Department's mental health and
25    developmental disabilities functions who is vested with
26    such law enforcement duties as render the person

 

 

SB2073- 18 -LRB102 14733 RPS 20086 b

1    ineligible for coverage under the Social Security Act by
2    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
3    218(l)(1) of that Act. "Security unit" means that portion
4    of a facility that is devoted to the care, containment,
5    and treatment of persons committed to the Department of
6    Human Services as sexually violent persons, persons unfit
7    to stand trial, or persons not guilty by reason of
8    insanity. With respect to past employment, references to
9    the Department of Human Services include its predecessor,
10    the Department of Mental Health and Developmental
11    Disabilities.
12        The changes made to this subdivision (c)(8) by Public
13    Act 92-14 apply to persons who retire on or after January
14    1, 2001, notwithstanding Section 1-103.1.
15        (9) "Central Management Services security police
16    officer" means any person employed by the Department of
17    Central Management Services who is vested with such law
18    enforcement duties as render him ineligible for coverage
19    under the Social Security Act by reason of Sections
20    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
21        (10) For a member who first became an employee under
22    this Article before July 1, 2005, the term "security
23    employee of the Department of Corrections or the
24    Department of Juvenile Justice" means any employee of the
25    Department of Corrections or the Department of Juvenile
26    Justice or the former Department of Personnel, and any

 

 

SB2073- 19 -LRB102 14733 RPS 20086 b

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

 

 

SB2073- 20 -LRB102 14733 RPS 20086 b

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

 

 

SB2073- 21 -LRB102 14733 RPS 20086 b

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

 

 

SB2073- 22 -LRB102 14733 RPS 20086 b

1        operator, or bridge mechanic; and whose principal
2        responsibility is to perform, on the roadway, the
3        actual maintenance necessary to keep the highways that
4        form a part of the State highway system in serviceable
5        condition for vehicular traffic.
6            (ii) A person employed on a full-time basis by the
7        Illinois State Toll Highway Authority in the position
8        of equipment operator/laborer H-4, equipment
9        operator/laborer H-6, welder H-4, welder H-6,
10        mechanical/electrical H-4, mechanical/electrical H-6,
11        water/sewer H-4, water/sewer H-6, sign maker/hanger
12        H-4, sign maker/hanger H-6, roadway lighting H-4,
13        roadway lighting H-6, structural H-4, structural H-6,
14        painter H-4, or painter H-6; and whose principal
15        responsibility is to perform, on the roadway, the
16        actual maintenance necessary to keep the Authority's
17        tollways in serviceable condition for vehicular
18        traffic.
19        (19) The term "security employee of the Department of
20    Innovation and Technology" means a person who was a
21    security employee of the Department of Corrections or the
22    Department of Juvenile Justice, was transferred to the
23    Department of Innovation and Technology pursuant to
24    Executive Order 2016-01, and continues to perform similar
25    job functions under that Department.
26        (20) "Transferred employee" means an employee who was

 

 

SB2073- 23 -LRB102 14733 RPS 20086 b

1    transferred to the Department of Central Management
2    Services by Executive Order No. 2003-10 or Executive Order
3    No. 2004-2 or transferred to the Department of Innovation
4    and Technology by Executive Order No. 2016-1, or both, and
5    was entitled to eligible creditable service for services
6    immediately preceding the transfer.
7    (d) A security employee of the Department of Corrections
8or the Department of Juvenile Justice, a security employee of
9the Department of Human Services who is not a mental health
10police officer, and a security employee of the Department of
11Innovation and Technology shall not be eligible for the
12alternative retirement annuity provided by this Section unless
13he or she meets the following minimum age and service
14requirements at the time of retirement:
15        (i) 25 years of eligible creditable service and age
16    55; or
17        (ii) beginning January 1, 1987, 25 years of eligible
18    creditable service and age 54, or 24 years of eligible
19    creditable service and age 55; or
20        (iii) beginning January 1, 1988, 25 years of eligible
21    creditable service and age 53, or 23 years of eligible
22    creditable service and age 55; or
23        (iv) beginning January 1, 1989, 25 years of eligible
24    creditable service and age 52, or 22 years of eligible
25    creditable service and age 55; or
26        (v) beginning January 1, 1990, 25 years of eligible

 

 

SB2073- 24 -LRB102 14733 RPS 20086 b

1    creditable service and age 51, or 21 years of eligible
2    creditable service and age 55; or
3        (vi) beginning January 1, 1991, 25 years of eligible
4    creditable service and age 50, or 20 years of eligible
5    creditable service and age 55.
6    Persons who have service credit under Article 16 of this
7Code for service as a security employee of the Department of
8Corrections or the Department of Juvenile Justice, or the
9Department of Human Services in a position requiring
10certification as a teacher may count such service toward
11establishing their eligibility under the service requirements
12of this Section; but such service may be used only for
13establishing such eligibility, and not for the purpose of
14increasing or calculating any benefit.
15    (e) If a member enters military service while working in a
16position in which eligible creditable service may be earned,
17and returns to State service in the same or another such
18position, and fulfills in all other respects the conditions
19prescribed in this Article for credit for military service,
20such military service shall be credited as eligible creditable
21service for the purposes of the retirement annuity prescribed
22in this Section.
23    (f) For purposes of calculating retirement annuities under
24this Section, periods of service rendered after December 31,
251968 and before October 1, 1975 as a covered employee in the
26position of special agent, conservation police officer, mental

 

 

SB2073- 25 -LRB102 14733 RPS 20086 b

1health police officer, or investigator for the Secretary of
2State, shall be deemed to have been service as a noncovered
3employee, provided that the employee pays to the System prior
4to retirement an amount equal to (1) the difference between
5the employee contributions that would have been required for
6such service as a noncovered employee, and the amount of
7employee contributions actually paid, plus (2) if payment is
8made after July 31, 1987, regular interest on the amount
9specified in item (1) from the date of service to the date of
10payment.
11    For purposes of calculating retirement annuities under
12this Section, periods of service rendered after December 31,
131968 and before January 1, 1982 as a covered employee in the
14position of investigator for the Department of Revenue shall
15be deemed to have been service as a noncovered employee,
16provided that the employee pays to the System prior to
17retirement an amount equal to (1) the difference between the
18employee contributions that would have been required for such
19service as a noncovered employee, and the amount of employee
20contributions actually paid, plus (2) if payment is made after
21January 1, 1990, regular interest on the amount specified in
22item (1) from the date of service to the date of payment.
23    (g) A State policeman may elect, not later than January 1,
241990, to establish eligible creditable service for up to 10
25years of his service as a policeman under Article 3, by filing
26a written election with the Board, accompanied by payment of

 

 

SB2073- 26 -LRB102 14733 RPS 20086 b

1an amount to be determined by the Board, equal to (i) the
2difference between the amount of employee and employer
3contributions transferred to the System under Section 3-110.5,
4and the amounts that would have been contributed had such
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    Subject to the limitation in subsection (i), a State
10policeman may elect, not later than July 1, 1993, to establish
11eligible creditable service for up to 10 years of his service
12as a member of the County Police Department under Article 9, by
13filing a written election with the Board, accompanied by
14payment of an amount to be determined by the Board, equal to
15(i) the difference between the amount of employee and employer
16contributions transferred to the System under Section 9-121.10
17and the amounts that would have been contributed had those
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    (h) Subject to the limitation in subsection (i), a State
23policeman or investigator for the Secretary of State may elect
24to establish eligible creditable service for up to 12 years of
25his service as a policeman under Article 5, by filing a written
26election with the Board on or before January 31, 1992, and

 

 

SB2073- 27 -LRB102 14733 RPS 20086 b

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

 

 

SB2073- 28 -LRB102 14733 RPS 20086 b

1officer under Article 3, a policeman under Article 5, a
2sheriff's law enforcement employee under Article 7, a member
3of the county police department under Article 9, or a police
4officer under Article 15 by filing a written election with the
5Board and paying to the System an amount to be determined by
6the Board, equal to (i) the difference between the amount of
7employee and employer contributions transferred to the System
8under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
9and the amounts that would have been contributed had such
10contributions been made at the rates applicable to State
11policemen, plus (ii) interest thereon at the effective rate
12for each year, compounded annually, from the date of service
13to the date of payment.
14    Subject to the limitation in subsection (i), an
15investigator for the Office of the Attorney General, or an
16investigator for the Department of Revenue, may elect to
17establish eligible creditable service for up to 5 years of
18service as a police officer under Article 3, a policeman under
19Article 5, a sheriff's law enforcement employee under Article
207, or a member of the county police department under Article 9
21by filing a written election with the Board within 6 months
22after August 25, 2009 (the effective date of Public Act
2396-745) and paying to the System an amount to be determined by
24the Board, equal to (i) the difference between the amount of
25employee and employer contributions transferred to the System
26under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the

 

 

SB2073- 29 -LRB102 14733 RPS 20086 b

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

 

 

SB2073- 30 -LRB102 14733 RPS 20086 b

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

 

 

SB2073- 31 -LRB102 14733 RPS 20086 b

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

 

 

SB2073- 32 -LRB102 14733 RPS 20086 b

1for each year, compounded annually, from the date of service
2to the date of payment.
3    (l-5) Subject to the limitation in subsection (i) of this
4Section, a State policeman may elect to establish eligible
5creditable service for up to 5 years of service as a full-time
6law enforcement officer employed by the federal government or
7by a state or local government located outside of Illinois for
8which credit is not held in any other public employee pension
9fund or retirement system. To obtain this credit, the
10applicant must file a written application with the Board no
11later than 3 years after the effective date of this amendatory
12Act of the 101st General Assembly, accompanied by evidence of
13eligibility acceptable to the Board and payment of an amount
14to be determined by the Board, equal to (1) employee
15contributions for the credit being established, based upon the
16applicant's salary on the first day as an alternative formula
17employee after the employment for which credit is being
18established and the rates then applicable to alternative
19formula employees, plus (2) an amount determined by the Board
20to be the employer's normal cost of the benefits accrued for
21the credit being established, plus (3) regular interest on the
22amounts in items (1) and (2) from the first day as an
23alternative formula employee after the employment for which
24credit is being established to the date of payment.
25    (m) The amendatory changes to this Section made by this
26amendatory Act of the 94th General Assembly apply only to: (1)

 

 

SB2073- 33 -LRB102 14733 RPS 20086 b

1security employees of the Department of Juvenile Justice
2employed by the Department of Corrections before the effective
3date of this amendatory Act of the 94th General Assembly and
4transferred to the Department of Juvenile Justice by this
5amendatory Act of the 94th General Assembly; and (2) persons
6employed by the Department of Juvenile Justice on or after the
7effective date of this amendatory Act of the 94th General
8Assembly who are required by subsection (b) of Section
93-2.5-15 of the Unified Code of Corrections to have any
10bachelor's or advanced degree from an accredited college or
11university or, in the case of persons who provide vocational
12training, who are required to have adequate knowledge in the
13skill for which they are providing the vocational training.
14    (n) A person employed in a position under subsection (b)
15of this Section who has purchased service credit under
16subsection (j) of Section 14-104 or subsection (b) of Section
1714-105 in any other capacity under this Article may convert up
18to 5 years of that service credit into service credit covered
19under this Section by paying to the Fund an amount equal to (1)
20the additional employee contribution required under Section
2114-133, plus (2) the additional employer contribution required
22under Section 14-131, plus (3) interest on items (1) and (2) at
23the actuarially assumed rate from the date of the service to
24the date of payment.
25    (o) Subject to the limitation in subsection (i), a
26conservation police officer, investigator for the Secretary of

 

 

SB2073- 34 -LRB102 14733 RPS 20086 b

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

 

 

SB2073- 35 -LRB102 14733 RPS 20086 b

1effective date of this amendatory Act of the 102nd General
2Assembly as a security employee of the Department of Human
3Services to eligible creditable service by filing a written
4election with the Board no later than one year after the
5effective date of this amendatory Act of the 102nd General
6Assembly, accompanied by payment of an amount, to be
7determined by the Board, equal to (i) the difference between
8the amount of the employee contributions actually paid for
9that service and the amount of the employee contributions that
10would have been paid had the employee contributions been made
11as a covered employee serving in a position in which eligible
12creditable service, as defined in this Section, may be earned,
13plus (ii) interest thereon at the effective rate for each
14year, compounded annually, from the date of service to the
15date of payment.
16(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18;
17101-610, eff. 1-1-20.)
 
18    (40 ILCS 5/14-152.1)
19    Sec. 14-152.1. Application and expiration of new benefit
20increases.
21    (a) As used in this Section, "new benefit increase" means
22an increase in the amount of any benefit provided under this
23Article, or an expansion of the conditions of eligibility for
24any benefit under this Article, that results from an amendment
25to this Code that takes effect after June 1, 2005 (the

 

 

SB2073- 36 -LRB102 14733 RPS 20086 b

1effective date of Public Act 94-4). "New benefit increase",
2however, does not include any benefit increase resulting from
3the changes made to Article 1 or this Article by Public Act
496-37, Public Act 100-23, Public Act 100-587, Public Act
5100-611, Public Act 101-10, Public Act 101-610, or this
6amendatory Act of the 102nd General Assembly or this
7amendatory Act of the 101st General Assembly.
8    (b) Notwithstanding any other provision of this Code or
9any subsequent amendment to this Code, every new benefit
10increase is subject to this Section and shall be deemed to be
11granted only in conformance with and contingent upon
12compliance with the provisions of this Section.
13    (c) The Public Act enacting a new benefit increase must
14identify and provide for payment to the System of additional
15funding at least sufficient to fund the resulting annual
16increase in cost to the System as it accrues.
17    Every new benefit increase is contingent upon the General
18Assembly providing the additional funding required under this
19subsection. The Commission on Government Forecasting and
20Accountability shall analyze whether adequate additional
21funding has been provided for the new benefit increase and
22shall report its analysis to the Public Pension Division of
23the Department of Insurance. A new benefit increase created by
24a Public Act that does not include the additional funding
25required under this subsection is null and void. If the Public
26Pension Division determines that the additional funding

 

 

SB2073- 37 -LRB102 14733 RPS 20086 b

1provided for a new benefit increase under this subsection is
2or has become inadequate, it may so certify to the Governor and
3the State Comptroller and, in the absence of corrective action
4by the General Assembly, the new benefit increase shall expire
5at the end of the fiscal year in which the certification is
6made.
7    (d) Every new benefit increase shall expire 5 years after
8its effective date or on such earlier date as may be specified
9in the language enacting the new benefit increase or provided
10under subsection (c). This does not prevent the General
11Assembly from extending or re-creating a new benefit increase
12by law.
13    (e) Except as otherwise provided in the language creating
14the new benefit increase, a new benefit increase that expires
15under this Section continues to apply to persons who applied
16and qualified for the affected benefit while the new benefit
17increase was in effect and to the affected beneficiaries and
18alternate payees of such persons, but does not apply to any
19other person, including, without limitation, a person who
20continues in service after the expiration date and did not
21apply and qualify for the affected benefit while the new
22benefit increase was in effect.
23(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
24100-611, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff.
257-12-19; 101-610, eff. 1-1-20.)
 
26    Section 99. Effective date. This Act takes effect January

 

 

SB2073- 38 -LRB102 14733 RPS 20086 b

11, 2022.