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Full Text of HB5350  100th General Assembly

HB5350 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5350

 

Introduced , by Rep. Jerry Costello, II

 

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

    Amends the General Provisions and State Employees Articles of the Illinois Pension Code. Provides that the alternative retirement annuity under the State Employees Article applies to a conservation police officer subject to the Tier 2 provisions. Provides that a conservation police officer subject to the Tier 2 provisions may convert up to 8 years of service credit established before the effective date of the amendatory Act as a conservation police officer under the State Employees Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5350LRB100 20220 MJP 35505 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 changing
5Sections 1-160 and 14-110 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 to
16service as a sheriff's law enforcement employee under Article
177, or to any participant of the retirement plan established
18under Section 22-101. Notwithstanding anything to the contrary
19in this Section, for purposes of this Section, a person who
20participated in a retirement system under Article 15 prior to
21January 1, 2011 shall be deemed a person who first became a
22member or participant prior to January 1, 2011 under any
23retirement system or pension fund subject to this Section. The

 

 

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1changes 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 for
9that Article, unless that person elects under subsection (b) of
10Section 1-161 to instead receive the benefits provided under
11this Section and the applicable provisions of that Article.
12    This Section does not apply to a person who first becomes a
13member or participant under Article 16 on or after the
14implementation date of the plan created under Section 1-161 for
15that Article, unless that person elects under subsection (b) of
16Section 1-161 to instead receive the benefits provided under
17this Section and the applicable provisions of that Article.
18    This Section does not apply to a person who elects under
19subsection (c-5) of Section 1-161 to receive the benefits under
20Section 1-161.
21    This Section does not apply to a person who first becomes a
22member or participant of an affected pension fund on or after 6
23months after the resolution or ordinance date, as defined in
24Section 1-162, unless that person elects under subsection (c)
25of Section 1-162 to receive the benefits provided under this
26Section and the applicable provisions of the Article under

 

 

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1which he or she is a member or participant.
2    (b) "Final average salary" means the average monthly (or
3annual) salary obtained by dividing the total salary or
4earnings calculated under the Article applicable to the member
5or participant during the 96 consecutive months (or 8
6consecutive years) of service within the last 120 months (or 10
7years) of service in which the total salary or earnings
8calculated under the applicable Article was the highest by the
9number of months (or years) of service in that period. For the
10purposes of a person who first becomes a member or participant
11of any retirement system or pension fund to which this Section
12applies on or after January 1, 2011, in this Code, "final
13average salary" shall be substituted for the following:
14        (1) In Article 7 (except for service as sheriff's law
15    enforcement employees), "final rate of earnings".
16        (2) In Articles 8, 9, 10, 11, and 12, "highest average
17    annual salary for any 4 consecutive years within the last
18    10 years of service immediately preceding the date of
19    withdrawal".
20        (3) In Article 13, "average final salary".
21        (4) In Article 14, "final average compensation".
22        (5) In Article 17, "average salary".
23        (6) In Section 22-207, "wages or salary received by him
24    at the date of retirement or discharge".
25    (b-5) Beginning on January 1, 2011, for all purposes under
26this Code (including without limitation the calculation of

 

 

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1benefits and employee contributions), the annual earnings,
2salary, or wages (based on the plan year) of a member or
3participant to whom this Section applies shall not exceed
4$106,800; however, that amount shall annually thereafter be
5increased by the lesser of (i) 3% of that amount, including all
6previous adjustments, or (ii) one-half the annual unadjusted
7percentage increase (but not less than zero) in the consumer
8price index-u for the 12 months ending with the September
9preceding each November 1, including all previous adjustments.
10    For the purposes of this Section, "consumer price index-u"
11means the index published by the Bureau of Labor Statistics of
12the United States Department of Labor that measures the average
13change in prices of goods and services purchased by all urban
14consumers, United States city average, all items, 1982-84 =
15100. The new amount resulting from each annual adjustment shall
16be determined by the Public Pension Division of the Department
17of Insurance and made available to the boards of the retirement
18systems and pension funds by November 1 of each year.
19    (c) A member or participant is entitled to a retirement
20annuity upon written application if he or she has attained age
2167 (beginning January 1, 2015, age 65 with respect to service
22under Article 12 of this Code that is subject to this Section)
23and has at least 10 years of service credit and is otherwise
24eligible under the requirements of the applicable Article.
25    A member or participant who has attained age 62 (beginning
26January 1, 2015, age 60 with respect to service under Article

 

 

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112 of this Code that is subject to this Section) and has at
2least 10 years of service credit and is otherwise eligible
3under the requirements of the applicable Article may elect to
4receive the lower retirement annuity provided in subsection (d)
5of this Section.
6    (c-5) A person who first becomes a member or a participant
7under Article 8 or Article 11 of this Code on or after the
8effective date of this amendatory Act of the 100th General
9Assembly, notwithstanding any other provision of this Code to
10the contrary, is entitled to a retirement annuity upon written
11application if he or she has attained age 65 and has at least
1210 years of service credit under Article 8 or Article 11 of
13this Code and is otherwise eligible under the requirements of
14Article 8 or Article 11 of this Code, whichever is applicable.
15    (d) The retirement annuity of a member or participant who
16is retiring after attaining age 62 (beginning January 1, 2015,
17age 60 with respect to service under Article 12 of this Code
18that is subject to this Section) with at least 10 years of
19service credit shall be reduced by one-half of 1% for each full
20month that the member's age is under age 67 (beginning January
211, 2015, age 65 with respect to service under Article 12 of
22this Code that is subject to this Section).
23    (d-5) The retirement annuity of a person who first becomes
24a member or a participant under Article 8 or Article 11 of this
25Code on or after the effective date of this amendatory Act of
26the 100th General Assembly who is retiring at age 60 with at

 

 

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1least 10 years of service credit under Article 8 or Article 11
2shall be reduced by one-half of 1% for each full month that the
3member's age is under age 65.
4    (d-10) Each person who first became a member or participant
5under Article 8 or Article 11 of this Code on or after January
61, 2011 and prior to the effective date of this amendatory Act
7of the 100th General Assembly shall make an irrevocable
8election either:
9        (i) to be eligible for the reduced retirement age
10    provided in subsections (c-5) and (d-5) of this Section,
11    the eligibility for which is conditioned upon the member or
12    participant agreeing to the increases in employee
13    contributions for age and service annuities provided in
14    subsection (a-5) of Section 8-174 of this Code (for service
15    under Article 8) or subsection (a-5) of Section 11-170 of
16    this Code (for service under Article 11); or
17        (ii) to not agree to item (i) of this subsection
18    (d-10), in which case the member or participant shall
19    continue to be subject to the retirement age provisions in
20    subsections (c) and (d) of this Section and the employee
21    contributions for age and service annuity as provided in
22    subsection (a) of Section 8-174 of this Code (for service
23    under Article 8) or subsection (a) of Section 11-170 of
24    this Code (for service under Article 11).
25    The election provided for in this subsection shall be made
26between October 1, 2017 and November 15, 2017. A person subject

 

 

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1to this subsection who makes the required election shall remain
2bound by that election. A person subject to this subsection who
3fails for any reason to make the required election within the
4time specified in this subsection shall be deemed to have made
5the election under item (ii).
6    (e) Any retirement annuity or supplemental annuity shall be
7subject to annual increases on the January 1 occurring either
8on or after the attainment of age 67 (beginning January 1,
92015, age 65 with respect to service under Article 12 of this
10Code that is subject to this Section and beginning on the
11effective date of this amendatory Act of the 100th General
12Assembly, age 65 with respect to persons who: (i) first became
13members or participants under Article 8 or Article 11 of this
14Code on or after the effective date of this amendatory Act of
15the 100th General Assembly; or (ii) first became members or
16participants under Article 8 or Article 11 of this Code on or
17after January 1, 2011 and before the effective date of this
18amendatory Act of the 100th General Assembly and made the
19election under item (i) of subsection (d-10) of this Section)
20or the first anniversary of the annuity start date, whichever
21is later. Each annual increase shall be calculated at 3% or
22one-half the annual unadjusted percentage increase (but not
23less than zero) in the consumer price index-u for the 12 months
24ending with the September preceding each November 1, whichever
25is less, of the originally granted retirement annuity. If the
26annual unadjusted percentage change in the consumer price

 

 

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1index-u for the 12 months ending with the September preceding
2each November 1 is zero or there is a decrease, then the
3annuity shall not be increased.
4    For the purposes of Section 1-103.1 of this Code, the
5changes made to this Section by this amendatory Act of the
6100th General Assembly are applicable without regard to whether
7the employee was in active service on or after the effective
8date of this amendatory Act of the 100th General Assembly.
9    (f) The initial survivor's or widow's annuity of an
10otherwise eligible survivor or widow of a retired member or
11participant who first became a member or participant on or
12after January 1, 2011 shall be in the amount of 66 2/3% of the
13retired member's or participant's retirement annuity at the
14date of death. In the case of the death of a member or
15participant who has not retired and who first became a member
16or participant on or after January 1, 2011, eligibility for a
17survivor's or widow's annuity shall be determined by the
18applicable Article of this Code. The initial benefit shall be
1966 2/3% of the earned annuity without a reduction due to age. A
20child's annuity of an otherwise eligible child shall be in the
21amount prescribed under each Article if applicable. Any
22survivor's or widow's annuity shall be increased (1) on each
23January 1 occurring on or after the commencement of the annuity
24if the deceased member died while receiving a retirement
25annuity or (2) in other cases, on each January 1 occurring
26after the first anniversary of the commencement of the annuity.

 

 

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1Each annual increase shall be calculated at 3% or one-half the
2annual unadjusted percentage increase (but not less than zero)
3in the consumer price index-u for the 12 months ending with the
4September preceding each November 1, whichever is less, of the
5originally granted survivor's annuity. If the annual
6unadjusted percentage change in the consumer price index-u for
7the 12 months ending with the September preceding each November
81 is zero or there is a decrease, then the annuity shall not be
9increased.
10    (g) The benefits in Section 14-110 apply only if the person
11is a State policeman, a fire fighter in the fire protection
12service of a department, a conservation police officer, or a
13security employee of the Department of Corrections or the
14Department of Juvenile Justice, as those terms are defined in
15subsection (b) of Section 14-110. A person who meets the
16requirements of this Section is entitled to an annuity
17calculated under the provisions of Section 14-110, in lieu of
18the regular or minimum retirement annuity, only if the person
19has withdrawn from service with not less than 20 years of
20eligible creditable service and has attained age 60, regardless
21of whether the attainment of age 60 occurs while the person is
22still in service.
23    (h) If a person who first becomes a member or a participant
24of a retirement system or pension fund subject to this Section
25on or after January 1, 2011 is receiving a retirement annuity
26or retirement pension under that system or fund and becomes a

 

 

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1member or participant under any other system or fund created by
2this Code and is employed on a full-time basis, except for
3those members or participants exempted from the provisions of
4this Section under subsection (a) of this Section, then the
5person's retirement annuity or retirement pension under that
6system or fund shall be suspended during that employment. Upon
7termination of that employment, the person's retirement
8annuity or retirement pension payments shall resume and be
9recalculated if recalculation is provided for under the
10applicable Article of this Code.
11    If a person who first becomes a member of a retirement
12system or pension fund subject to this Section on or after
13January 1, 2012 and is receiving a retirement annuity or
14retirement pension under that system or fund and accepts on a
15contractual basis a position to provide services to a
16governmental entity from which he or she has retired, then that
17person's annuity or retirement pension earned as an active
18employee of the employer shall be suspended during that
19contractual service. A person receiving an annuity or
20retirement pension under this Code shall notify the pension
21fund or retirement system from which he or she is receiving an
22annuity or retirement pension, as well as his or her
23contractual employer, of his or her retirement status before
24accepting contractual employment. A person who fails to submit
25such notification shall be guilty of a Class A misdemeanor and
26required to pay a fine of $1,000. Upon termination of that

 

 

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1contractual employment, the person's retirement annuity or
2retirement pension payments shall resume and, if appropriate,
3be recalculated under the applicable provisions of this Code.
4    (i) (Blank).
5    (j) In the case of a conflict between the provisions of
6this Section and any other provision of this Code, the
7provisions of this Section shall control.
8(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
9100-563, eff. 12-8-17.)
 
10    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
11    Sec. 14-110. Alternative retirement annuity.
12    (a) Any member who has withdrawn from service with not less
13than 20 years of eligible creditable service and has attained
14age 55, and any member who has withdrawn from service with not
15less than 25 years of eligible creditable service and has
16attained age 50, regardless of whether the attainment of either
17of the specified ages occurs while the member is still in
18service, shall be entitled to receive at the option of the
19member, in lieu of the regular or minimum retirement annuity, a
20retirement annuity computed as follows:
21        (i) for periods of service as a noncovered employee: if
22    retirement occurs on or after January 1, 2001, 3% of final
23    average compensation for each year of creditable service;
24    if retirement occurs before January 1, 2001, 2 1/4% of
25    final average compensation for each of the first 10 years

 

 

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1    of creditable service, 2 1/2% for each year above 10 years
2    to and including 20 years of creditable service, and 2 3/4%
3    for each year of creditable service above 20 years; and
4        (ii) for periods of eligible creditable service as a
5    covered employee: if retirement occurs on or after January
6    1, 2001, 2.5% of final average compensation for each year
7    of creditable service; if retirement occurs before January
8    1, 2001, 1.67% of final average compensation for each of
9    the first 10 years of such service, 1.90% for each of the
10    next 10 years of such service, 2.10% for each year of such
11    service in excess of 20 but not exceeding 30, and 2.30% for
12    each year in excess of 30.
13    Such annuity shall be subject to a maximum of 75% of final
14average compensation if retirement occurs before January 1,
152001 or to a maximum of 80% of final average compensation if
16retirement occurs on or after January 1, 2001.
17    These rates shall not be applicable to any service
18performed by a member as a covered employee which is not
19eligible creditable service. Service as a covered employee
20which is not eligible creditable service shall be subject to
21the rates and provisions of Section 14-108.
22    (b) For the purpose of this Section, "eligible creditable
23service" means creditable service resulting from service in one
24or more of the following positions:
25        (1) State policeman;
26        (2) fire fighter in the fire protection service of a

 

 

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1    department;
2        (3) air pilot;
3        (4) special agent;
4        (5) investigator for the Secretary of State;
5        (6) conservation police officer;
6        (7) investigator for the Department of Revenue or the
7    Illinois Gaming Board;
8        (8) security employee of the Department of Human
9    Services;
10        (9) Central Management Services security police
11    officer;
12        (10) security employee of the Department of
13    Corrections or the Department of Juvenile Justice;
14        (11) dangerous drugs investigator;
15        (12) investigator for the Department of State Police;
16        (13) investigator for the Office of the Attorney
17    General;
18        (14) controlled substance inspector;
19        (15) investigator for the Office of the State's
20    Attorneys Appellate Prosecutor;
21        (16) Commerce Commission police officer;
22        (17) arson investigator;
23        (18) State highway maintenance worker.
24    A person employed in one of the positions specified in this
25subsection is entitled to eligible creditable service for
26service credit earned under this Article while undergoing the

 

 

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1basic police training course approved by the Illinois Law
2Enforcement Training Standards Board, if completion of that
3training is required of persons serving in that position. For
4the purposes of this Code, service during the required basic
5police training course shall be deemed performance of the
6duties of the specified position, even though the person is not
7a sworn peace officer at the time of the training.
8    (c) For the purposes of this Section:
9        (1) The term "State policeman" includes any title or
10    position in the Department of State Police that is held by
11    an individual employed under the State Police Act.
12        (2) The term "fire fighter in the fire protection
13    service of a department" includes all officers in such fire
14    protection service including fire chiefs and assistant
15    fire chiefs.
16        (3) The term "air pilot" includes any employee whose
17    official job description on file in the Department of
18    Central Management Services, or in the department by which
19    he is employed if that department is not covered by the
20    Personnel Code, states that his principal duty is the
21    operation of aircraft, and who possesses a pilot's license;
22    however, the change in this definition made by this
23    amendatory Act of 1983 shall not operate to exclude any
24    noncovered employee who was an "air pilot" for the purposes
25    of this Section on January 1, 1984.
26        (4) The term "special agent" means any person who by

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Persons who have service credit under Article 16 of this
2Code for service as a security employee of the Department of
3Corrections or the Department of Juvenile Justice, or the
4Department of Human Services in a position requiring
5certification as a teacher may count such service toward
6establishing their eligibility under the service requirements
7of this Section; but such service may be used only for
8establishing such eligibility, and not for the purpose of
9increasing or calculating any benefit.
10    (e) If a member enters military service while working in a
11position in which eligible creditable service may be earned,
12and returns to State service in the same or another such
13position, and fulfills in all other respects the conditions
14prescribed in this Article for credit for military service,
15such military service shall be credited as eligible creditable
16service for the purposes of the retirement annuity prescribed
17in this Section.
18    (f) For purposes of calculating retirement annuities under
19this Section, periods of service rendered after December 31,
201968 and before October 1, 1975 as a covered employee in the
21position of special agent, conservation police officer, mental
22health police officer, or investigator for the Secretary of
23State, shall be deemed to have been service as a noncovered
24employee, provided that the employee pays to the System prior
25to retirement an amount equal to (1) the difference between the
26employee contributions that would have been required for such

 

 

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1service as a noncovered employee, and the amount of employee
2contributions actually paid, plus (2) if payment is made after
3July 31, 1987, regular interest on the amount specified in item
4(1) from the date of service to the date of payment.
5    For purposes of calculating retirement annuities under
6this Section, periods of service rendered after December 31,
71968 and before January 1, 1982 as a covered employee in the
8position of investigator for the Department of Revenue shall be
9deemed to have been service as a noncovered employee, provided
10that the employee pays to the System prior to retirement an
11amount equal to (1) the difference between the employee
12contributions that would have been required for such service as
13a noncovered employee, and the amount of employee contributions
14actually paid, plus (2) if payment is made after January 1,
151990, regular interest on the amount specified in item (1) from
16the date of service to the date of payment.
17    (g) A State policeman may elect, not later than January 1,
181990, to establish eligible creditable service for up to 10
19years of his service as a policeman under Article 3, by filing
20a written election with the Board, accompanied by payment of an
21amount to be determined by the Board, equal to (i) the
22difference between the amount of employee and employer
23contributions transferred to the System under Section 3-110.5,
24and the amounts that would have been contributed had such
25contributions been made at the rates applicable to State
26policemen, plus (ii) interest thereon at the effective rate for

 

 

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

 

 

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

 

 

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1employee and employer contributions transferred to the System
2under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
3and the amounts that would have been contributed had such
4contributions been made at the rates applicable to State
5policemen, plus (ii) interest thereon at the effective rate for
6each year, compounded annually, from the date of service to the
7date of payment.
8    Subject to the limitation in subsection (i), an
9investigator for the Office of the Attorney General, or an
10investigator for the Department of Revenue, may elect to
11establish eligible creditable service for up to 5 years of
12service as a police officer under Article 3, a policeman under
13Article 5, a sheriff's law enforcement employee under Article
147, or a member of the county police department under Article 9
15by filing a written election with the Board within 6 months
16after August 25, 2009 (the effective date of Public Act 96-745)
17and paying to the System an amount to be determined by the
18Board, equal to (i) the difference between the amount of
19employee and employer contributions transferred to the System
20under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
21amounts that would have been contributed had such contributions
22been made at the rates applicable to State policemen, plus (ii)
23interest thereon at the actuarially assumed rate for each year,
24compounded annually, from the date of service to the date of
25payment.
26    Subject to the limitation in subsection (i), a State

 

 

HB5350- 28 -LRB100 20220 MJP 35505 b

1policeman, conservation police officer, investigator for the
2Office of the Attorney General, an investigator for the
3Department of Revenue, or investigator for the Secretary of
4State may elect to establish eligible creditable service for up
5to 5 years of service as a person employed by a participating
6municipality to perform police duties, or law enforcement
7officer employed on a full-time basis by a forest preserve
8district under Article 7, a county corrections officer, or a
9court services officer under Article 9, by filing a written
10election with the Board within 6 months after August 25, 2009
11(the effective date of Public Act 96-745) and paying to the
12System an amount to be determined by the Board, equal to (i)
13the difference between the amount of employee and employer
14contributions transferred to the System under Sections 7-139.8
15and 9-121.10 and the amounts that would have been contributed
16had such contributions been made at the rates applicable to
17State policemen, plus (ii) interest thereon at the actuarially
18assumed rate for each year, compounded annually, from the date
19of service to the date of payment.
20    (i) The total amount of eligible creditable service
21established by any person under subsections (g), (h), (j), (k),
22and (l) of this Section shall not exceed 12 years.
23    (j) Subject to the limitation in subsection (i), an
24investigator for the Office of the State's Attorneys Appellate
25Prosecutor or a controlled substance inspector may elect to
26establish eligible creditable service for up to 10 years of his

 

 

HB5350- 29 -LRB100 20220 MJP 35505 b

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

 

 

HB5350- 30 -LRB100 20220 MJP 35505 b

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

 

 

HB5350- 31 -LRB100 20220 MJP 35505 b

1amendatory Act of the 94th General Assembly; and (2) persons
2employed by the Department of Juvenile Justice on or after the
3effective date of this amendatory Act of the 94th General
4Assembly who are required by subsection (b) of Section 3-2.5-15
5of the Unified Code of Corrections to have any bachelor's or
6advanced degree from an accredited college or university or, in
7the case of persons who provide vocational training, who are
8required to have adequate knowledge in the skill for which they
9are providing the vocational training.
10    (n) A person employed in a position under subsection (b) of
11this Section who has purchased service credit under subsection
12(j) of Section 14-104 or subsection (b) of Section 14-105 in
13any other capacity under this Article may convert up to 5 years
14of that service credit into service credit covered under this
15Section by paying to the Fund an amount equal to (1) the
16additional employee contribution required under Section
1714-133, plus (2) the additional employer contribution required
18under Section 14-131, plus (3) interest on items (1) and (2) at
19the actuarially assumed rate from the date of the service to
20the date of payment.
21    (o) Subject to the limitation in subsection (i), a
22conservation police officer subject to subsection (g) of
23Section 1-160 may elect to convert up to 8 years of service
24credit established before the effective date of this amendatory
25Act of the 100th General Assembly as a conservation police
26officer under this Article into eligible creditable service by

 

 

HB5350- 32 -LRB100 20220 MJP 35505 b

1filing a written election with the Board, accompanied by
2payment of an amount to be determined by the Board equal to (i)
3the difference between the amount of the employee contributions
4actually paid for that service and the amount of the employee
5contributions that would have been paid had the employee
6contributions been made as a conservation police officer under
7this Section who is not subject to Section 1-160, plus (ii)
8interest thereon at the effective rate for each year,
9compounded annually, from the date of service to the date of
10payment.
11(Source: P.A. 100-19, eff. 1-1-18.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.