Illinois General Assembly - Full Text of HB0804
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Full Text of HB0804  95th General Assembly

HB0804sam001 95TH GENERAL ASSEMBLY

Sen. A. J. Wilhelmi

Filed: 5/9/2007

 

 


 

 


 
09500HB0804sam001 LRB095 10606 AMC 35303 a

1
AMENDMENT TO HOUSE BILL 804

2     AMENDMENT NO. ______. Amend House Bill 804, on page 1, line
3 5, by replacing "Section 7-139" with "Sections 7-139 and
4 14-110"; and
 
5 on page 15, immediately below line 19, by inserting the
6 following:
 
7     "(40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
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9     (a) Any member who has withdrawn from service with not less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11 age 55, and any member who has withdrawn from service with not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

 

 

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1 retirement annuity computed as follows:
2         (i) for periods of service as a noncovered employee: if
3     retirement occurs on or after January 1, 2001, 3% of final
4     average compensation for each year of creditable service;
5     if retirement occurs before January 1, 2001, 2 1/4% of
6     final average compensation for each of the first 10 years
7     of creditable service, 2 1/2% for each year above 10 years
8     to and including 20 years of creditable service, and 2 3/4%
9     for each year of creditable service above 20 years; and
10         (ii) for periods of eligible creditable service as a
11     covered employee: if retirement occurs on or after January
12     1, 2001, 2.5% of final average compensation for each year
13     of creditable service; if retirement occurs before January
14     1, 2001, 1.67% of final average compensation for each of
15     the first 10 years of such service, 1.90% for each of the
16     next 10 years of such service, 2.10% for each year of such
17     service in excess of 20 but not exceeding 30, and 2.30% for
18     each year in excess of 30.
19     Such annuity shall be subject to a maximum of 75% of final
20 average compensation if retirement occurs before January 1,
21 2001 or to a maximum of 80% of final average compensation if
22 retirement occurs on or after January 1, 2001.
23     These rates shall not be applicable to any service
24 performed by a member as a covered employee which is not
25 eligible creditable service. Service as a covered employee
26 which is not eligible creditable service shall be subject to

 

 

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

 

 

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

 

 

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1     however, the change in this definition made by this
2     amendatory Act of 1983 shall not operate to exclude any
3     noncovered employee who was an "air pilot" for the purposes
4     of this Section on January 1, 1984.
5         (4) The term "special agent" means any person who by
6     reason of employment by the Division of Narcotic Control,
7     the Bureau of Investigation or, after July 1, 1977, the
8     Division of Criminal Investigation, the Division of
9     Internal Investigation, the Division of Operations, or any
10     other Division or organizational entity in the Department
11     of State Police is vested by law with duties to maintain
12     public order, investigate violations of the criminal law of
13     this State, enforce the laws of this State, make arrests
14     and recover property. The term "special agent" includes any
15     title or position in the Department of State Police that is
16     held by an individual employed under the State Police Act.
17         (5) The term "investigator for the Secretary of State"
18     means any person employed by the Office of the Secretary of
19     State and vested with such investigative duties as render
20     him ineligible for coverage under the Social Security Act
21     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
22     218(l)(1) of that Act.
23         A person who became employed as an investigator for the
24     Secretary of State between January 1, 1967 and December 31,
25     1975, and who has served as such until attainment of age
26     60, either continuously or with a single break in service

 

 

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1     of not more than 3 years duration, which break terminated
2     before January 1, 1976, shall be entitled to have his
3     retirement annuity calculated in accordance with
4     subsection (a), notwithstanding that he has less than 20
5     years of credit for such service.
6         (6) The term "Conservation Police Officer" means any
7     person employed by the Division of Law Enforcement of the
8     Department of Natural Resources and vested with such law
9     enforcement duties as render him ineligible for coverage
10     under the Social Security Act by reason of Sections
11     218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
12     term "Conservation Police Officer" includes the positions
13     of Chief Conservation Police Administrator and Assistant
14     Conservation Police Administrator.
15         (7) The term "investigator for the Department of
16     Revenue" means any person employed by the Department of
17     Revenue and vested with such investigative duties as render
18     him ineligible for coverage under the Social Security Act
19     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
20     218(l)(1) of that Act.
21         (8) The term "security employee of the Department of
22     Human Services" means any person employed by the Department
23     of Human Services who (i) is employed at the Chester Mental
24     Health Center and has daily contact with the residents
25     thereof, (ii) is employed within a security unit at a
26     facility operated by the Department and has daily contact

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1         traffic.
2     (d) A security employee of the Department of Corrections or
3 the Department of Juvenile Justice, and a security employee of
4 the Department of Human Services who is not a mental health
5 police officer, shall not be eligible for the alternative
6 retirement annuity provided by this Section unless he or she
7 meets the following minimum age and service requirements at the
8 time of retirement:
9         (i) 25 years of eligible creditable service and age 55;
10     or
11         (ii) beginning January 1, 1987, 25 years of eligible
12     creditable service and age 54, or 24 years of eligible
13     creditable service and age 55; or
14         (iii) beginning January 1, 1988, 25 years of eligible
15     creditable service and age 53, or 23 years of eligible
16     creditable service and age 55; or
17         (iv) beginning January 1, 1989, 25 years of eligible
18     creditable service and age 52, or 22 years of eligible
19     creditable service and age 55; or
20         (v) beginning January 1, 1990, 25 years of eligible
21     creditable service and age 51, or 21 years of eligible
22     creditable service and age 55; or
23         (vi) beginning January 1, 1991, 25 years of eligible
24     creditable service and age 50, or 20 years of eligible
25     creditable service and age 55.
26     Persons who have service credit under Article 16 of this

 

 

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1 Code for service as a security employee of the Department of
2 Corrections or the Department of Juvenile Justice, or the
3 Department of Human Services in a position requiring
4 certification as a teacher may count such service toward
5 establishing their eligibility under the service requirements
6 of this Section; but such service may be used only for
7 establishing such eligibility, and not for the purpose of
8 increasing or calculating any benefit.
9     (e) If a member enters military service while working in a
10 position in which eligible creditable service may be earned,
11 and returns to State service in the same or another such
12 position, and fulfills in all other respects the conditions
13 prescribed in this Article for credit for military service,
14 such military service shall be credited as eligible creditable
15 service for the purposes of the retirement annuity prescribed
16 in this Section.
17     (e-5) In addition to any creditable service established
18 under subsection (j) of Section 14-104 and subsection (e) of
19 this Section, a member employed in one of the positions
20 specified in subsection (b) of this Section may establish
21 eligible creditable service for a period of 2 years spent in
22 active military service by paying employee contributions based
23 upon the employee's compensation and contribution rate in
24 effect on the date he or she last became a member of the
25 System, plus an amount determined by the Board to be equal to
26 the employer's normal cost of the benefit plus interest, but

 

 

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1 with all of the interest calculated from the date the employee
2 last became a member of the System. In compliance with Section
3 14-152.1 of this Act concerning new benefit increases, any new
4 benefit increase established under this subsection (e) is
5 funded through the employee contributions provided for in this
6 subsection (e). This subsection (e-5) is exempt from the
7 provisions of subsection (d) of Section 14-152.1.
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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1 employee and employer contributions transferred to the System
2 under Section 3-110.5, and the amounts that would have been
3 contributed had such contributions been made at the rates
4 applicable to security employees of the Department of
5 Corrections, plus (ii) interest thereon at the effective rate
6 for each year, compounded annually, from the date of service to
7 the date of payment.
8     (m) The amendatory changes to this Section made by this
9 amendatory Act of the 94th General Assembly apply only to: (1)
10 security employees of the Department of Juvenile Justice
11 employed by the Department of Corrections before the effective
12 date of this amendatory Act of the 94th General Assembly and
13 transferred to the Department of Juvenile Justice by this
14 amendatory Act of the 94th General Assembly; and (2) persons
15 employed by the Department of Juvenile Justice on or after the
16 effective date of this amendatory Act of the 94th General
17 Assembly who are required by subsection (b) of Section 3-2.5-15
18 of the Unified Code of Corrections to have a bachelor's or
19 advanced degree from an accredited college or university with a
20 specialization in criminal justice, education, psychology,
21 social work, or a closely related social science or, in the
22 case of persons who provide vocational training, who are
23 required to have adequate knowledge in the skill for which they
24 are providing the vocational training.
25 (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06.)".