Illinois General Assembly - Full Text of SB2484
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Full Text of SB2484  94th General Assembly

SB2484 94TH GENERAL ASSEMBLY


 


 
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2484

 

Introduced 1/18/2006, by Sen. Mattie Hunter

 

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

    Amends the State Employee Article of the Illinois Pension Code. Adds police officers for the Secretary of State to the alternative formula. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2484 LRB094 18858 AMC 54289 b

1     AN ACT concerning public employee benefits.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Pension Code is amended by changing
5 Section 14-110 as follows:
 
6     (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
7     (Text of Section before amendment by P.A. 94-696)
8     Sec. 14-110. Alternative retirement annuity.
9     (a) Any member who has withdrawn from service with not less
10 than 20 years of eligible creditable service and has attained
11 age 55, and any member who has withdrawn from service with not
12 less than 25 years of eligible creditable service and has
13 attained age 50, regardless of whether the attainment of either
14 of the specified ages occurs while the member is still in
15 service, shall be entitled to receive at the option of the
16 member, in lieu of the regular or minimum retirement annuity, a
17 retirement annuity computed as follows:
18         (i) for periods of service as a noncovered employee: if
19     retirement occurs on or after January 1, 2001, 3% of final
20     average compensation for each year of creditable service;
21     if retirement occurs before January 1, 2001, 2 1/4% of
22     final average compensation for each of the first 10 years
23     of creditable service, 2 1/2% for each year above 10 years
24     to and including 20 years of creditable service, and 2 3/4%
25     for each year of creditable service above 20 years; and
26         (ii) for periods of eligible creditable service as a
27     covered employee: if retirement occurs on or after January
28     1, 2001, 2.5% of final average compensation for each year
29     of creditable service; if retirement occurs before January
30     1, 2001, 1.67% of final average compensation for each of
31     the first 10 years of such service, 1.90% for each of the
32     next 10 years of such service, 2.10% for each year of such

 

 

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

 

 

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1         (16) Commerce Commission police officer;
2         (17) arson investigator;
3         (18) State highway maintenance worker.
4     A person employed in one of the positions specified in this
5 subsection is entitled to eligible creditable service for
6 service credit earned under this Article while undergoing the
7 basic police training course approved by the Illinois Law
8 Enforcement Training Standards Board, if completion of that
9 training is required of persons serving in that position. For
10 the purposes of this Code, service during the required basic
11 police training course shall be deemed performance of the
12 duties of the specified position, even though the person is not
13 a sworn peace officer at the time of the training.
14     (c) For the purposes of this Section:
15         (1) The term "state policeman" includes any title or
16     position in the Department of State Police that is held by
17     an individual employed under the State Police Act.
18         (2) The term "fire fighter in the fire protection
19     service of a department" includes all officers in such fire
20     protection service including fire chiefs and assistant
21     fire chiefs.
22         (3) The term "air pilot" includes any employee whose
23     official job description on file in the Department of
24     Central Management Services, or in the department by which
25     he is employed if that department is not covered by the
26     Personnel Code, states that his principal duty is the
27     operation of aircraft, and who possesses a pilot's license;
28     however, the change in this definition made by this
29     amendatory Act of 1983 shall not operate to exclude any
30     noncovered employee who was an "air pilot" for the purposes
31     of this Section on January 1, 1984.
32         (4) The term "special agent" means any person who by
33     reason of employment by the Division of Narcotic Control,
34     the Bureau of Investigation or, after July 1, 1977, the
35     Division of Criminal Investigation, the Division of
36     Internal Investigation, the Division of Operations, or any

 

 

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

 

 

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1     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
2     218(l)(1) of that Act.
3         (8) The term "security employee of the Department of
4     Human Services" means any person employed by the Department
5     of Human Services who (i) is employed at the Chester Mental
6     Health Center and has daily contact with the residents
7     thereof, (ii) is employed within a security unit at a
8     facility operated by the Department and has daily contact
9     with the residents of the security unit, (iii) is employed
10     at a facility operated by the Department that includes a
11     security unit and is regularly scheduled to work at least
12     50% of his or her working hours within that security unit,
13     or (iv) is a mental health police officer. "Mental health
14     police officer" means any person employed by the Department
15     of Human Services in a position pertaining to the
16     Department's mental health and developmental disabilities
17     functions who is vested with such law enforcement duties as
18     render the person ineligible for coverage under the Social
19     Security Act by reason of Sections 218(d)(5)(A),
20     218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
21     means that portion of a facility that is devoted to the
22     care, containment, and treatment of persons committed to
23     the Department of Human Services as sexually violent
24     persons, persons unfit to stand trial, or persons not
25     guilty by reason of insanity. With respect to past
26     employment, references to the Department of Human Services
27     include its predecessor, the Department of Mental Health
28     and Developmental Disabilities.
29         The changes made to this subdivision (c)(8) by Public
30     Act 92-14 apply to persons who retire on or after January
31     1, 2001, notwithstanding Section 1-103.1.
32         (9) "Central Management Services security police
33     officer" means any person employed by the Department of
34     Central Management Services who is vested with such law
35     enforcement duties as render him ineligible for coverage
36     under the Social Security Act by reason of Sections

 

 

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

 

 

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

 

 

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

 

 

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1     creditable service and age 55; or
2         (iii) beginning January 1, 1988, 25 years of eligible
3     creditable service and age 53, or 23 years of eligible
4     creditable service and age 55; or
5         (iv) beginning January 1, 1989, 25 years of eligible
6     creditable service and age 52, or 22 years of eligible
7     creditable service and age 55; or
8         (v) beginning January 1, 1990, 25 years of eligible
9     creditable service and age 51, or 21 years of eligible
10     creditable service and age 55; or
11         (vi) beginning January 1, 1991, 25 years of eligible
12     creditable service and age 50, or 20 years of eligible
13     creditable service and age 55.
14     Persons who have service credit under Article 16 of this
15 Code for service as a security employee of the Department of
16 Corrections or the Department of Human Services in a position
17 requiring certification as a teacher may count such service
18 toward establishing their eligibility under the service
19 requirements of this Section; but such service may be used only
20 for establishing such eligibility, and not for the purpose of
21 increasing or calculating any benefit.
22     (e) If a member enters military service while working in a
23 position in which eligible creditable service may be earned,
24 and returns to State service in the same or another such
25 position, and fulfills in all other respects the conditions
26 prescribed in this Article for credit for military service,
27 such military service shall be credited as eligible creditable
28 service for the purposes of the retirement annuity prescribed
29 in this Section.
30     (f) For purposes of calculating retirement annuities under
31 this Section, periods of service rendered after December 31,
32 1968 and before October 1, 1975 as a covered employee in the
33 position of special agent, conservation police officer, mental
34 health police officer, or investigator for the Secretary of
35 State, shall be deemed to have been service as a noncovered
36 employee, provided that the employee pays to the System prior

 

 

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1 to retirement an amount equal to (1) the difference between the
2 employee contributions that would have been required for such
3 service as a noncovered employee, and the amount of employee
4 contributions actually paid, plus (2) if payment is made after
5 July 31, 1987, regular interest on the amount specified in item
6 (1) from the date of service to the date of payment.
7     For purposes of calculating retirement annuities under
8 this Section, periods of service rendered after December 31,
9 1968 and before January 1, 1982 as a covered employee in the
10 position of investigator for the Department of Revenue shall be
11 deemed to have been service as a noncovered employee, provided
12 that the employee pays to the System prior to retirement an
13 amount equal to (1) the difference between the employee
14 contributions that would have been required for such service as
15 a noncovered employee, and the amount of employee contributions
16 actually paid, plus (2) if payment is made after January 1,
17 1990, regular interest on the amount specified in item (1) from
18 the date of service to the date of payment.
19     (g) A State policeman may elect, not later than January 1,
20 1990, to establish eligible creditable service for up to 10
21 years of his service as a policeman under Article 3, by filing
22 a written election with the Board, accompanied by payment of an
23 amount to be determined by the Board, equal to (i) the
24 difference between the amount of employee and employer
25 contributions transferred to the System under Section 3-110.5,
26 and the amounts that would have been contributed had such
27 contributions been made at the rates applicable to State
28 policemen, plus (ii) interest thereon at the effective rate for
29 each year, compounded annually, from the date of service to the
30 date of payment.
31     Subject to the limitation in subsection (i), a State
32 policeman may elect, not later than July 1, 1993, to establish
33 eligible creditable service for up to 10 years of his service
34 as a member of the County Police Department under Article 9, by
35 filing a written election with the Board, accompanied by
36 payment of an amount to be determined by the Board, equal to

 

 

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1 (i) the difference between the amount of employee and employer
2 contributions transferred to the System under Section 9-121.10
3 and the amounts that would have been contributed had those
4 contributions been made at the rates applicable to State
5 policemen, plus (ii) interest thereon at the effective rate for
6 each year, compounded annually, from the date of service to the
7 date of payment.
8     (h) Subject to the limitation in subsection (i), a State
9 policeman or investigator for the Secretary of State may elect
10 to establish eligible creditable service for up to 12 years of
11 his service as a policeman under Article 5, by filing a written
12 election with the Board on or before January 31, 1992, and
13 paying to the System by January 31, 1994 an amount to be
14 determined by the Board, equal to (i) the difference between
15 the amount of employee and employer contributions transferred
16 to the System under Section 5-236, and the amounts that would
17 have been contributed had such contributions been made at the
18 rates applicable to State policemen, plus (ii) interest thereon
19 at the effective rate for each year, compounded annually, from
20 the date of service to the date of payment.
21     Subject to the limitation in subsection (i), a State
22 policeman, conservation police officer, or investigator for
23 the Secretary of State may elect to establish eligible
24 creditable service for up to 10 years of service as a sheriff's
25 law enforcement employee under Article 7, by filing a written
26 election with the Board on or before January 31, 1993, and
27 paying to the System by January 31, 1994 an amount to be
28 determined by the Board, equal to (i) the difference between
29 the amount of employee and employer contributions transferred
30 to the System under Section 7-139.7, and the amounts that would
31 have been contributed had such contributions been made at the
32 rates applicable to State policemen, plus (ii) interest thereon
33 at the effective rate for each year, compounded annually, from
34 the date of service to the date of payment.
35     (i) The total amount of eligible creditable service
36 established by any person under subsections (g), (h), (j), (k),

 

 

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

 

 

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1 which credit is being established to the date of payment.
2     (l) Subject to the limitation in subsection (i), a security
3 employee of the Department of Corrections may elect, not later
4 than July 1, 1998, to establish eligible creditable service for
5 up to 10 years of his or her service as a policeman under
6 Article 3, by filing a written election with the Board,
7 accompanied by payment of an amount to be determined by the
8 Board, equal to (i) the difference between the amount of
9 employee and employer contributions transferred to the System
10 under Section 3-110.5, and the amounts that would have been
11 contributed had such contributions been made at the rates
12 applicable to security employees of the Department of
13 Corrections, plus (ii) interest thereon at the effective rate
14 for each year, compounded annually, from the date of service to
15 the date of payment.
16 (Source: P.A. 94-4, eff. 6-1-05.)
 
17     (Text of Section after amendment by P.A. 94-696)
18     Sec. 14-110. Alternative retirement annuity.
19     (a) Any member who has withdrawn from service with not less
20 than 20 years of eligible creditable service and has attained
21 age 55, and any member who has withdrawn from service with not
22 less than 25 years of eligible creditable service and has
23 attained age 50, regardless of whether the attainment of either
24 of the specified ages occurs while the member is still in
25 service, shall be entitled to receive at the option of the
26 member, in lieu of the regular or minimum retirement annuity, a
27 retirement annuity computed as follows:
28         (i) for periods of service as a noncovered employee: if
29     retirement occurs on or after January 1, 2001, 3% of final
30     average compensation for each year of creditable service;
31     if retirement occurs before January 1, 2001, 2 1/4% of
32     final average compensation for each of the first 10 years
33     of creditable service, 2 1/2% for each year above 10 years
34     to and including 20 years of creditable service, and 2 3/4%
35     for each year of creditable service above 20 years; and

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     Act 92-14 apply to persons who retire on or after January
2     1, 2001, notwithstanding Section 1-103.1.
3         (9) "Central Management Services security police
4     officer" means any person employed by the Department of
5     Central Management Services who is 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.
9         (10) For a member who first became an employee under
10     this Article before July 1, 2005, the term "security
11     employee of the Department of Corrections or the Department
12     of Juvenile Justice" means any employee of the Department
13     of Corrections or the Department of Juvenile Justice or the
14     former Department of Personnel, and any member or employee
15     of the Prisoner Review Board, who has daily contact with
16     inmates or youth by working within a correctional facility
17     or Juvenile facility operated by the Department of Juvenile
18     Justice or who is a parole officer or an employee who has
19     direct contact with committed persons in the performance of
20     his or her job duties. For a member who first becomes an
21     employee under this Article on or after July 1, 2005, the
22     term means an employee of the Department of Corrections or
23     the Department of Juvenile Justice who is any of the
24     following: (i) officially headquartered at a correctional
25     facility or Juvenile facility operated by the Department of
26     Juvenile Justice, (ii) a parole officer, (iii) a member of
27     the apprehension unit, (iv) a member of the intelligence
28     unit, (v) a member of the sort team, or (vi) an
29     investigator.
30         (11) The term "dangerous drugs investigator" means any
31     person who is employed as such by the Department of Human
32     Services.
33         (12) The term "investigator for the Department of State
34     Police" means a person employed by the Department of State
35     Police who is vested under Section 4 of the Narcotic
36     Control Division Abolition Act with such law enforcement

 

 

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1     powers as render him ineligible for coverage under the
2     Social Security Act by reason of Sections 218(d)(5)(A),
3     218(d)(8)(D) and 218(l)(1) of that Act.
4         (13) "Investigator for the Office of the Attorney
5     General" means any person who is employed as such by the
6     Office of the Attorney General and is vested with such
7     investigative duties as render him ineligible for coverage
8     under the Social Security Act by reason of Sections
9     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
10     the period before January 1, 1989, the term includes all
11     persons who were employed as investigators by the Office of
12     the Attorney General, without regard to social security
13     status.
14         (14) "Controlled substance inspector" means any person
15     who is employed as such by the Department of Professional
16     Regulation and is vested with such law enforcement duties
17     as 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. The term
20     "controlled substance inspector" includes the Program
21     Executive of Enforcement and the Assistant Program
22     Executive of Enforcement.
23         (15) The term "investigator for the Office of the
24     State's Attorneys Appellate Prosecutor" means a person
25     employed in that capacity on a full time basis under the
26     authority of Section 7.06 of the State's Attorneys
27     Appellate Prosecutor's Act.
28         (16) "Commerce Commission police officer" means any
29     person employed by the Illinois Commerce Commission who is
30     vested with such law enforcement duties as render him
31     ineligible for coverage under the Social Security Act by
32     reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
33     218(l)(1) of that Act.
34         (17) "Arson investigator" means any person who is
35     employed as such by the Office of the State Fire Marshal
36     and is vested with such law enforcement duties as render

 

 

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

 

 

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1         tollways in serviceable condition for vehicular
2         traffic.
3     (d) A security employee of the Department of Corrections or
4 the Department of Juvenile Justice, and a security employee of
5 the Department of Human Services who is not a mental health
6 police officer, shall not be eligible for the alternative
7 retirement annuity provided by this Section unless he or she
8 meets the following minimum age and service requirements at the
9 time of retirement:
10         (i) 25 years of eligible creditable service and age 55;
11     or
12         (ii) beginning January 1, 1987, 25 years of eligible
13     creditable service and age 54, or 24 years of eligible
14     creditable service and age 55; or
15         (iii) beginning January 1, 1988, 25 years of eligible
16     creditable service and age 53, or 23 years of eligible
17     creditable service and age 55; or
18         (iv) beginning January 1, 1989, 25 years of eligible
19     creditable service and age 52, or 22 years of eligible
20     creditable service and age 55; or
21         (v) beginning January 1, 1990, 25 years of eligible
22     creditable service and age 51, or 21 years of eligible
23     creditable service and age 55; or
24         (vi) beginning January 1, 1991, 25 years of eligible
25     creditable service and age 50, or 20 years of eligible
26     creditable service and age 55.
27     Persons who have service credit under Article 16 of this
28 Code for service as a security employee of the Department of
29 Corrections or the Department of Juvenile Justice, or the
30 Department of Human Services in a position requiring
31 certification as a teacher may count such service toward
32 establishing their eligibility under the service requirements
33 of this Section; but such service may be used only for
34 establishing such eligibility, and not for the purpose of
35 increasing or calculating any benefit.
36     (e) If a member enters military service while working in a

 

 

SB2484 - 22 - LRB094 18858 AMC 54289 b

1 position in which eligible creditable service may be earned,
2 and returns to State service in the same or another such
3 position, and fulfills in all other respects the conditions
4 prescribed in this Article for credit for military service,
5 such military service shall be credited as eligible creditable
6 service for the purposes of the retirement annuity prescribed
7 in this Section.
8     (f) For purposes of calculating retirement annuities under
9 this Section, periods of service rendered after December 31,
10 1968 and before October 1, 1975 as a covered employee in the
11 position of special agent, conservation police officer, mental
12 health police officer, or investigator for the Secretary of
13 State, shall be deemed to have been service as a noncovered
14 employee, provided that the employee pays to the System prior
15 to retirement an amount equal to (1) the difference between the
16 employee contributions that would have been required for such
17 service as a noncovered employee, and the amount of employee
18 contributions actually paid, plus (2) if payment is made after
19 July 31, 1987, regular interest on the amount specified in item
20 (1) from the date of service to the date of payment.
21     For purposes of calculating retirement annuities under
22 this Section, periods of service rendered after December 31,
23 1968 and before January 1, 1982 as a covered employee in the
24 position of investigator for the Department of Revenue shall be
25 deemed to have been service as a noncovered employee, provided
26 that the employee pays to the System prior to retirement an
27 amount equal to (1) the difference between the employee
28 contributions that would have been required for such service as
29 a noncovered employee, and the amount of employee contributions
30 actually paid, plus (2) if payment is made after January 1,
31 1990, regular interest on the amount specified in item (1) from
32 the date of service to the date of payment.
33     (g) A State policeman may elect, not later than January 1,
34 1990, to establish eligible creditable service for up to 10
35 years of his service as a policeman under Article 3, by filing
36 a written election with the Board, accompanied by payment of an

 

 

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1 amount to be determined by the Board, equal to (i) the
2 difference between the amount of employee and employer
3 contributions transferred to the System under Section 3-110.5,
4 and the amounts that would have been contributed had such
5 contributions been made at the rates applicable to State
6 policemen, plus (ii) interest thereon at the effective rate for
7 each year, compounded annually, from the date of service to the
8 date of payment.
9     Subject to the limitation in subsection (i), a State
10 policeman may elect, not later than July 1, 1993, to establish
11 eligible creditable service for up to 10 years of his service
12 as a member of the County Police Department under Article 9, by
13 filing a written election with the Board, accompanied by
14 payment of an amount to be determined by the Board, equal to
15 (i) the difference between the amount of employee and employer
16 contributions transferred to the System under Section 9-121.10
17 and the amounts that would have been contributed had those
18 contributions been made at the rates applicable to State
19 policemen, plus (ii) interest thereon at the effective rate for
20 each year, compounded annually, from the date of service to the
21 date of payment.
22     (h) Subject to the limitation in subsection (i), a State
23 policeman or investigator for the Secretary of State may elect
24 to establish eligible creditable service for up to 12 years of
25 his service as a policeman under Article 5, by filing a written
26 election with the Board on or before January 31, 1992, and
27 paying to the System by January 31, 1994 an amount to be
28 determined by the Board, equal to (i) the difference between
29 the amount of employee and employer contributions transferred
30 to the System under Section 5-236, and the amounts that would
31 have been contributed had such contributions been made at the
32 rates applicable to State policemen, plus (ii) interest thereon
33 at the effective rate for each year, compounded annually, from
34 the date of service to the date of payment.
35     Subject to the limitation in subsection (i), a State
36 policeman, conservation police officer, or investigator for

 

 

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1 the Secretary of State may elect to establish eligible
2 creditable service for up to 10 years of service as a sheriff's
3 law enforcement employee under Article 7, by filing a written
4 election with the Board on or before January 31, 1993, and
5 paying to the System by January 31, 1994 an amount to be
6 determined by the Board, equal to (i) the difference between
7 the amount of employee and employer contributions transferred
8 to the System under Section 7-139.7, and the amounts that would
9 have been contributed had such contributions been made at the
10 rates applicable to State policemen, plus (ii) interest thereon
11 at the effective rate for each year, compounded annually, from
12 the date of service to the date of payment.
13     (i) The total amount of eligible creditable service
14 established by any person under subsections (g), (h), (j), (k),
15 and (l) of this Section shall not exceed 12 years.
16     (j) Subject to the limitation in subsection (i), an
17 investigator for the Office of the State's Attorneys Appellate
18 Prosecutor or a controlled substance inspector may elect to
19 establish eligible creditable service for up to 10 years of his
20 service as a policeman under Article 3 or a sheriff's law
21 enforcement employee under Article 7, by filing a written
22 election with the Board, accompanied by payment of an amount to
23 be determined by the Board, equal to (1) the difference between
24 the amount of employee and employer contributions transferred
25 to the System under Section 3-110.6 or 7-139.8, and the amounts
26 that would have been contributed had such contributions been
27 made at the rates applicable to State policemen, plus (2)
28 interest thereon at the effective rate for each year,
29 compounded annually, from the date of service to the date of
30 payment.
31     (k) Subject to the limitation in subsection (i) of this
32 Section, an alternative formula employee may elect to establish
33 eligible creditable service for periods spent as a full-time
34 law enforcement officer or full-time corrections officer
35 employed by the federal government or by a state or local
36 government located outside of Illinois, for which credit is not

 

 

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1 held in any other public employee pension fund or retirement
2 system. To obtain this credit, the applicant must file a
3 written application with the Board by March 31, 1998,
4 accompanied by evidence of eligibility acceptable to the Board
5 and payment of an amount to be determined by the Board, equal
6 to (1) employee contributions for the credit being established,
7 based upon the applicant's salary on the first day as an
8 alternative formula employee after the employment for which
9 credit is being established and the rates then applicable to
10 alternative formula employees, plus (2) an amount determined by
11 the Board to be the employer's normal cost of the benefits
12 accrued for the credit being established, plus (3) regular
13 interest on the amounts in items (1) and (2) from the first day
14 as an alternative formula employee after the employment for
15 which credit is being established to the date of payment.
16     (l) Subject to the limitation in subsection (i), a security
17 employee of the Department of Corrections may elect, not later
18 than July 1, 1998, to establish eligible creditable service for
19 up to 10 years of his or her service as a policeman under
20 Article 3, by filing a written election with the Board,
21 accompanied by payment of an amount to be determined by the
22 Board, equal to (i) the difference between the amount of
23 employee and employer contributions transferred to the System
24 under Section 3-110.5, and the amounts that would have been
25 contributed had such contributions been made at the rates
26 applicable to security employees of the Department of
27 Corrections, plus (ii) interest thereon at the effective rate
28 for each year, compounded annually, from the date of service to
29 the date of payment.
30     (m) The amendatory changes to this Section made by this
31 amendatory Act of the 94th General Assembly apply only to: (1)
32 security employees of the Department of Juvenile Justice
33 employed by the Department of Corrections before the effective
34 date of this amendatory Act of the 94th General Assembly and
35 transferred to the Department of Juvenile Justice by this
36 amendatory Act of the 94th General Assembly; and (2) persons

 

 

SB2484 - 26 - LRB094 18858 AMC 54289 b

1 employed by the Department of Juvenile Justice on or after the
2 effective date of this amendatory Act of the 94th General
3 Assembly who are required by subsection (b) of Section 3-2.5-15
4 of the Unified Code of Corrections to have a bachelor's or
5 advanced degree from an accredited college or university with a
6 specialization in criminal justice, education, psychology,
7 social work, or a closely related social science or, in the
8 case of persons who provide vocational training, who are
9 required to have adequate knowledge in the skill for which they
10 are providing the vocational training.
11 (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06.)
 
12     Section 95. No acceleration or delay. Where this Act makes
13 changes in a statute that is represented in this Act by text
14 that is not yet or no longer in effect (for example, a Section
15 represented by multiple versions), the use of that text does
16 not accelerate or delay the taking effect of (i) the changes
17 made by this Act or (ii) provisions derived from any other
18 Public Act.
 
19     Section 99. Effective date. This Act takes effect upon
20 becoming law.