Full Text of SB2894 102nd General Assembly
SB2894 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2894 Introduced 4/20/2021, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/1-160 | | 40 ILCS 5/14-110 | from Ch. 108 1/2, par. 14-110 | 40 ILCS 5/14-152.1 | |
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Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that the alternative retirement annuity under the State Employee Article applies to a security employee of the Department of Human Services subject to the Tier 2 provisions. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 8 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services under the State Employee Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | SB2894 | | LRB102 18132 RPS 25418 b |
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| 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 | 5 | | changing Sections 1-160, 14-110, and 14-152.1 as follows:
| 6 | | (40 ILCS 5/1-160)
| 7 | | Sec. 1-160. Provisions applicable to new hires. | 8 | | (a) The provisions of this Section apply to a person who, | 9 | | on or after January 1, 2011, first becomes a member or a | 10 | | participant under any reciprocal retirement system or pension | 11 | | fund established under this Code, other than a retirement | 12 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 13 | | 15 or 18 of this Code, notwithstanding any other provision of | 14 | | this Code to the contrary, but do not apply to any self-managed | 15 | | plan established under this Code, to any person with respect | 16 | | to service as a sheriff's law enforcement employee under | 17 | | Article 7, or to any participant of the retirement plan | 18 | | established under Section 22-101. Notwithstanding anything to | 19 | | the contrary in this Section, for purposes of this Section, a | 20 | | person who participated in a retirement system under Article | 21 | | 15 prior to January 1, 2011 shall be deemed a person who first | 22 | | became a member or participant prior to January 1, 2011 under | 23 | | any retirement system or pension fund subject to this Section. |
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| 1 | | The changes made to this Section by Public Act 98-596 are a | 2 | | clarification of existing law and are intended to be | 3 | | retroactive to January 1, 2011 (the effective date of Public | 4 | | Act 96-889), notwithstanding the provisions of Section 1-103.1 | 5 | | of this Code. | 6 | | This Section does not apply to a person who first becomes a | 7 | | noncovered employee under Article 14 on or after the | 8 | | implementation date of the plan created under Section 1-161 | 9 | | for that Article, unless that person elects under subsection | 10 | | (b) of Section 1-161 to instead receive the benefits provided | 11 | | under this Section and the applicable provisions of that | 12 | | Article. | 13 | | This Section does not apply to a person who first becomes a | 14 | | member or participant under Article 16 on or after the | 15 | | implementation date of the plan created under Section 1-161 | 16 | | for that Article, unless that person elects under subsection | 17 | | (b) of Section 1-161 to instead receive the benefits provided | 18 | | under this Section and the applicable provisions of that | 19 | | Article. | 20 | | This Section does not apply to a person who elects under | 21 | | subsection (c-5) of Section 1-161 to receive the benefits | 22 | | under Section 1-161. | 23 | | This Section does not apply to a person who first becomes a | 24 | | member or participant of an affected pension fund on or after 6 | 25 | | months after the resolution or ordinance date, as defined in | 26 | | Section 1-162, unless that person elects under subsection (c) |
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| 1 | | of Section 1-162 to receive the benefits provided under this | 2 | | Section and the applicable provisions of the Article under | 3 | | which he or she is a member or participant. | 4 | | (b) "Final average salary" means the average monthly (or | 5 | | annual) salary obtained by dividing the total salary or | 6 | | earnings calculated under the Article applicable to the member | 7 | | or participant during the 96 consecutive months (or 8 | 8 | | consecutive years) of service within the last 120 months (or | 9 | | 10 years) of service in which the total salary or earnings | 10 | | calculated under the applicable Article was the highest by the | 11 | | number of months (or years) of service in that period. For the | 12 | | purposes of a person who first becomes a member or participant | 13 | | of any retirement system or pension fund to which this Section | 14 | | applies on or after January 1, 2011, in this Code, "final | 15 | | average salary" shall be substituted for the following: | 16 | | (1) In Article 7 (except for service as sheriff's law | 17 | | enforcement employees), "final rate of earnings". | 18 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 19 | | annual salary for any 4 consecutive years within the last | 20 | | 10 years of service immediately preceding the date of | 21 | | withdrawal". | 22 | | (3) In Article 13, "average final salary". | 23 | | (4) In Article 14, "final average compensation". | 24 | | (5) In Article 17, "average salary". | 25 | | (6) In Section 22-207, "wages or salary received by | 26 | | him at the date of retirement or discharge". |
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| 1 | | (b-5) Beginning on January 1, 2011, for all purposes under | 2 | | this Code (including without limitation the calculation of | 3 | | benefits and employee contributions), the annual earnings, | 4 | | salary, or wages (based on the plan year) of a member or | 5 | | participant to whom this Section applies shall not exceed | 6 | | $106,800; however, that amount shall annually thereafter be | 7 | | increased by the lesser of (i) 3% of that amount, including all | 8 | | previous adjustments, or (ii) one-half the annual unadjusted | 9 | | percentage increase (but not less than zero) in the consumer | 10 | | price index-u
for the 12 months ending with the September | 11 | | preceding each November 1, including all previous adjustments. | 12 | | For the purposes of this Section, "consumer price index-u" | 13 | | means
the index published by the Bureau of Labor Statistics of | 14 | | the United States
Department of Labor that measures the | 15 | | average change in prices of goods and
services purchased by | 16 | | all urban consumers, United States city average, all
items, | 17 | | 1982-84 = 100. The new amount resulting from each annual | 18 | | adjustment
shall be determined by the Public Pension Division | 19 | | of the Department of Insurance and made available to the | 20 | | boards of the retirement systems and pension funds by November | 21 | | 1 of each year. | 22 | | (c) A member or participant is entitled to a retirement
| 23 | | annuity upon written application if he or she has attained age | 24 | | 67 (beginning January 1, 2015, age 65 with respect to service | 25 | | under Article 12 of this Code that is subject to this Section) | 26 | | and has at least 10 years of service credit and is otherwise |
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| 1 | | eligible under the requirements of the applicable Article. | 2 | | A member or participant who has attained age 62 (beginning | 3 | | January 1, 2015, age 60 with respect to service under Article | 4 | | 12 of this Code that is subject to this Section) and has at | 5 | | least 10 years of service credit and is otherwise eligible | 6 | | under the requirements of the applicable Article may elect to | 7 | | receive the lower retirement annuity provided
in subsection | 8 | | (d) of this Section. | 9 | | (c-5) A person who first becomes a member or a participant | 10 | | subject to this Section on or after July 6, 2017 (the effective | 11 | | date of Public Act 100-23), notwithstanding any other | 12 | | provision of this Code to the contrary, is entitled to a | 13 | | retirement annuity under Article 8 or Article 11 upon written | 14 | | application if he or she has attained age 65 and has at least | 15 | | 10 years of service credit and is otherwise eligible under the | 16 | | requirements of Article 8 or Article 11 of this Code, | 17 | | whichever is applicable. | 18 | | (d) The retirement annuity of a member or participant who | 19 | | is retiring after attaining age 62 (beginning January 1, 2015, | 20 | | age 60 with respect to service under Article 12 of this Code | 21 | | that is subject to this Section) with at least 10 years of | 22 | | service credit shall be reduced by one-half
of 1% for each full | 23 | | month that the member's age is under age 67 (beginning January | 24 | | 1, 2015, age 65 with respect to service under Article 12 of | 25 | | this Code that is subject to this Section). | 26 | | (d-5) The retirement annuity payable under Article 8 or |
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| 1 | | Article 11 to an eligible person subject to subsection (c-5) | 2 | | of this Section who is retiring at age 60 with at least 10 | 3 | | years of service credit shall be reduced by one-half of 1% for | 4 | | each full month that the member's age is under age 65. | 5 | | (d-10) Each person who first became a member or | 6 | | participant under Article 8 or Article 11 of this Code on or | 7 | | after January 1, 2011 and prior to the effective date of this | 8 | | amendatory Act of the 100th General Assembly shall make an | 9 | | irrevocable election either: | 10 | | (i) to be eligible for the reduced retirement age | 11 | | provided in subsections (c-5)
and (d-5) of this Section, | 12 | | the eligibility for which is conditioned upon the member | 13 | | or participant agreeing to the increases in employee | 14 | | contributions for age and service annuities provided in | 15 | | subsection (a-5) of Section 8-174 of this Code (for | 16 | | service under Article 8) or subsection (a-5) of Section | 17 | | 11-170 of this Code (for service under Article 11); or | 18 | | (ii) to not agree to item (i) of this subsection | 19 | | (d-10), in which case the member or participant shall | 20 | | continue to be subject to the retirement age provisions in | 21 | | subsections (c) and (d) of this Section and the employee | 22 | | contributions for age and service annuity as provided in | 23 | | subsection (a) of Section 8-174 of this Code (for service | 24 | | under Article 8) or subsection (a) of Section 11-170 of | 25 | | this Code (for service under Article 11). | 26 | | The election provided for in this subsection shall be made |
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| 1 | | between October 1, 2017 and November 15, 2017. A person | 2 | | subject to this subsection who makes the required election | 3 | | shall remain bound by that election. A person subject to this | 4 | | subsection who fails for any reason to make the required | 5 | | election within the time specified in this subsection shall be | 6 | | deemed to have made the election under item (ii). | 7 | | (e) Any retirement annuity or supplemental annuity shall | 8 | | be subject to annual increases on the January 1 occurring | 9 | | either on or after the attainment of age 67 (beginning January | 10 | | 1, 2015, age 65 with respect to service under Article 12 of | 11 | | this Code that is subject to this Section and beginning on the | 12 | | effective date of this amendatory Act of the 100th General | 13 | | Assembly, age 65 with respect to service under Article 8 or | 14 | | Article 11 for eligible persons who: (i) are subject to | 15 | | subsection (c-5) of this Section; or (ii) made the election | 16 | | under item (i) of subsection (d-10) of this Section) or the | 17 | | first anniversary of the annuity start date, whichever is | 18 | | later. Each annual increase shall be calculated at 3% or | 19 | | one-half the annual unadjusted percentage increase (but not | 20 | | less than zero) in the consumer price index-u for the 12 months | 21 | | ending with the September preceding each November 1, whichever | 22 | | is less, of the originally granted retirement annuity. If the | 23 | | annual unadjusted percentage change in the consumer price | 24 | | index-u for the 12 months ending with the September preceding | 25 | | each November 1 is zero or there is a decrease, then the | 26 | | annuity shall not be increased. |
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| 1 | | For the purposes of Section 1-103.1 of this Code, the | 2 | | changes made to this Section by this amendatory Act of the | 3 | | 100th General Assembly are applicable without regard to | 4 | | whether the employee was in active service on or after the | 5 | | effective date of this amendatory Act of the 100th General | 6 | | Assembly. | 7 | | (f) The initial survivor's or widow's annuity of an | 8 | | otherwise eligible survivor or widow of a retired member or | 9 | | participant who first became a member or participant on or | 10 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 11 | | retired member's or participant's retirement annuity at the | 12 | | date of death. In the case of the death of a member or | 13 | | participant who has not retired and who first became a member | 14 | | or participant on or after January 1, 2011, eligibility for a | 15 | | survivor's or widow's annuity shall be determined by the | 16 | | applicable Article of this Code. The initial benefit shall be | 17 | | 66 2/3% of the earned annuity without a reduction due to age. A | 18 | | child's annuity of an otherwise eligible child shall be in the | 19 | | amount prescribed under each Article if applicable. Any | 20 | | survivor's or widow's annuity shall be increased (1) on each | 21 | | January 1 occurring on or after the commencement of the | 22 | | annuity if
the deceased member died while receiving a | 23 | | retirement annuity or (2) in
other cases, on each January 1 | 24 | | occurring after the first anniversary
of the commencement of | 25 | | the annuity. Each annual increase shall be calculated at 3% or | 26 | | one-half the annual unadjusted percentage increase (but not |
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| 1 | | less than zero) in the consumer price index-u for the 12 months | 2 | | ending with the September preceding each November 1, whichever | 3 | | is less, of the originally granted survivor's annuity. If the | 4 | | annual unadjusted percentage change in the consumer price | 5 | | index-u for the 12 months ending with the September preceding | 6 | | each November 1 is zero or there is a decrease, then the | 7 | | annuity shall not be increased. | 8 | | (g) The benefits in Section 14-110 apply only if the | 9 | | person is a State policeman, a fire fighter in the fire | 10 | | protection service of a department, a conservation police | 11 | | officer, an investigator for the Secretary of State, an arson | 12 | | investigator, a Commerce Commission police officer, | 13 | | investigator for the Department of Revenue or the
Illinois | 14 | | Gaming Board, a security employee of the Department of | 15 | | Corrections or the Department of Juvenile Justice, a security | 16 | | employee of the Department of Human Services, or a security | 17 | | employee of the Department of Innovation and Technology, as | 18 | | those terms are defined in subsection (b) and subsection (c) | 19 | | of Section 14-110. A person who meets the requirements of this | 20 | | Section is entitled to an annuity calculated under the | 21 | | provisions of Section 14-110, in lieu of the regular or | 22 | | minimum retirement annuity, only if the person has withdrawn | 23 | | from service with not less than 20
years of eligible | 24 | | creditable service and has attained age 60, regardless of | 25 | | whether
the attainment of age 60 occurs while the person is
| 26 | | still in service. |
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| 1 | | (h) If a person who first becomes a member or a participant | 2 | | of a retirement system or pension fund subject to this Section | 3 | | on or after January 1, 2011 is receiving a retirement annuity | 4 | | or retirement pension under that system or fund and becomes a | 5 | | member or participant under any other system or fund created | 6 | | by this Code and is employed on a full-time basis, except for | 7 | | those members or participants exempted from the provisions of | 8 | | this Section under subsection (a) of this Section, then the | 9 | | person's retirement annuity or retirement pension under that | 10 | | system or fund shall be suspended during that employment. Upon | 11 | | termination of that employment, the person's retirement | 12 | | annuity or retirement pension payments shall resume and be | 13 | | recalculated if recalculation is provided for under the | 14 | | applicable Article of this Code. | 15 | | If a person who first becomes a member of a retirement | 16 | | system or pension fund subject to this Section on or after | 17 | | January 1, 2012 and is receiving a retirement annuity or | 18 | | retirement pension under that system or fund and accepts on a | 19 | | contractual basis a position to provide services to a | 20 | | governmental entity from which he or she has retired, then | 21 | | that person's annuity or retirement pension earned as an | 22 | | active employee of the employer shall be suspended during that | 23 | | contractual service. A person receiving an annuity or | 24 | | retirement pension under this Code shall notify the pension | 25 | | fund or retirement system from which he or she is receiving an | 26 | | annuity or retirement pension, as well as his or her |
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| 1 | | contractual employer, of his or her retirement status before | 2 | | accepting contractual employment. A person who fails to submit | 3 | | such notification shall be guilty of a Class A misdemeanor and | 4 | | required to pay a fine of $1,000. Upon termination of that | 5 | | contractual employment, the person's retirement annuity or | 6 | | retirement pension payments shall resume and, if appropriate, | 7 | | be recalculated under the applicable provisions of this Code. | 8 | | (i) (Blank). | 9 | | (j) In the case of a conflict between the provisions of | 10 | | this Section and any other provision of this Code, the | 11 | | provisions of this Section shall control.
| 12 | | (Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17; | 13 | | 100-563, eff. 12-8-17; 100-611, eff. 7-20-18; 100-1166, eff. | 14 | | 1-4-19; 101-610, eff. 1-1-20.)
| 15 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 16 | | Sec. 14-110. Alternative retirement annuity.
| 17 | | (a) Any member who has withdrawn from service with not | 18 | | less than 20
years of eligible creditable service and has | 19 | | attained age 55, and any
member who has withdrawn from service | 20 | | with not less than 25 years of
eligible creditable service and | 21 | | has attained age 50, regardless of whether
the attainment of | 22 | | either of the specified ages occurs while the member is
still | 23 | | in service, shall be entitled to receive at the option of the | 24 | | member,
in lieu of the regular or minimum retirement annuity, | 25 | | a retirement annuity
computed as follows:
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| 1 | | (i) for periods of service as a noncovered employee:
| 2 | | if retirement occurs on or after January 1, 2001, 3% of | 3 | | final
average compensation for each year of creditable | 4 | | service; if retirement occurs
before January 1, 2001, 2 | 5 | | 1/4% of final average compensation for each of the
first | 6 | | 10 years of creditable service, 2 1/2% for each year above | 7 | | 10 years to
and including 20 years of creditable service, | 8 | | and 2 3/4% for each year of
creditable service above 20 | 9 | | years; and
| 10 | | (ii) for periods of eligible creditable service as a | 11 | | covered employee:
if retirement occurs on or after January | 12 | | 1, 2001, 2.5% of final average
compensation for each year | 13 | | of creditable service; if retirement occurs before
January | 14 | | 1, 2001, 1.67% of final average compensation for each of | 15 | | the first
10 years of such service, 1.90% for each of the | 16 | | next 10 years of such service,
2.10% for each year of such | 17 | | service in excess of 20 but not exceeding 30, and
2.30% for | 18 | | each year in excess of 30.
| 19 | | Such annuity shall be subject to a maximum of 75% of final | 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 | 4 | | one or more of the following
positions:
| 5 | | (1) State policeman;
| 6 | | (2) fire fighter in the fire protection service of a | 7 | | department;
| 8 | | (3) air pilot;
| 9 | | (4) special agent;
| 10 | | (5) investigator for the Secretary of State;
| 11 | | (6) conservation police officer;
| 12 | | (7) investigator for the Department of Revenue or the | 13 | | Illinois Gaming Board;
| 14 | | (8) security employee of the Department of Human | 15 | | Services;
| 16 | | (9) Central Management Services security police | 17 | | officer;
| 18 | | (10) security employee of the Department of | 19 | | Corrections or the Department of Juvenile Justice;
| 20 | | (11) dangerous drugs investigator;
| 21 | | (12) investigator for the Department of State Police;
| 22 | | (13) investigator for the Office of the Attorney | 23 | | General;
| 24 | | (14) controlled substance inspector;
| 25 | | (15) investigator for the Office of the State's | 26 | | Attorneys Appellate
Prosecutor;
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| 1 | | (16) Commerce Commission police officer;
| 2 | | (17) arson investigator;
| 3 | | (18) State highway maintenance worker;
| 4 | | (19) security employee of the Department of Innovation | 5 | | and Technology; or | 6 | | (20) transferred employee. | 7 | | A person employed in one of the positions specified in | 8 | | this subsection is
entitled to eligible creditable service for | 9 | | service credit earned under this
Article while undergoing the | 10 | | basic police training course approved by the
Illinois Law | 11 | | Enforcement Training
Standards Board, if
completion of that | 12 | | training is required of persons serving in that position.
For | 13 | | the purposes of this Code, service during the required basic | 14 | | police
training course shall be deemed performance of the | 15 | | duties of the specified
position, even though the person is | 16 | | not a sworn peace officer at the time of
the training.
| 17 | | A person under paragraph (20) is entitled to eligible | 18 | | creditable service for service credit earned under this | 19 | | Article on and after his or her transfer by Executive Order No. | 20 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 21 | | 2016-1. | 22 | | (c) For the purposes of this Section:
| 23 | | (1) The term "State policeman" includes any title or | 24 | | position
in the Department of State Police that is held by | 25 | | an individual employed
under the State Police Act.
| 26 | | (2) The term "fire fighter in the fire protection |
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| 1 | | service of a
department" includes all officers in such | 2 | | fire protection service
including fire chiefs and | 3 | | assistant fire chiefs.
| 4 | | (3) The term "air pilot" includes any employee whose | 5 | | official job
description on file in the Department of | 6 | | Central Management Services, or
in the department by which | 7 | | he is employed if that department is not covered
by the | 8 | | Personnel Code, states that his principal duty is the | 9 | | operation of
aircraft, and who possesses a pilot's | 10 | | license; however, the change in this
definition made by | 11 | | this amendatory Act of 1983 shall not operate to exclude
| 12 | | any noncovered employee who was an "air pilot" for the | 13 | | purposes of this
Section on January 1, 1984.
| 14 | | (4) The term "special agent" means any person who by | 15 | | reason of
employment by the Division of Narcotic Control, | 16 | | the Bureau of Investigation
or, after July 1, 1977, the | 17 | | Division of Criminal Investigation, the
Division of | 18 | | Internal Investigation, the Division of Operations, or any
| 19 | | other Division or organizational
entity in the Department | 20 | | of State Police is vested by law with duties to
maintain | 21 | | public order, investigate violations of the criminal law | 22 | | of this
State, enforce the laws of this State, make | 23 | | arrests and recover property.
The term "special agent" | 24 | | includes any title or position in the Department
of State | 25 | | Police that is held by an individual employed under the | 26 | | State
Police Act.
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| 1 | | (5) The term "investigator for the Secretary of State" | 2 | | means any person
employed by the Office of the Secretary | 3 | | of State and vested with such
investigative duties as | 4 | | render him ineligible for coverage under the Social
| 5 | | Security Act by reason of Sections 218(d)(5)(A), | 6 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 7 | | A person who became employed as an investigator for | 8 | | the Secretary of
State between January 1, 1967 and | 9 | | December 31, 1975, and who has served as
such until | 10 | | attainment of age 60, either continuously or with a single | 11 | | break
in service of not more than 3 years duration, which | 12 | | break terminated before
January 1, 1976, shall be entitled | 13 | | to have his retirement annuity
calculated in accordance | 14 | | with subsection (a), notwithstanding
that he has less than | 15 | | 20 years of credit for such service.
| 16 | | (6) The term "Conservation Police Officer" means any | 17 | | person employed
by the Division of Law Enforcement of the | 18 | | Department of Natural Resources and
vested with such law | 19 | | enforcement duties as render him ineligible for coverage
| 20 | | under the Social Security Act by reason of Sections | 21 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 22 | | term "Conservation Police Officer" includes
the positions | 23 | | of Chief Conservation Police Administrator and Assistant
| 24 | | Conservation Police Administrator.
| 25 | | (7) The term "investigator for the Department of | 26 | | Revenue" means any
person employed by the Department of |
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| 1 | | Revenue and vested with such
investigative duties as | 2 | | render him ineligible for coverage under the Social
| 3 | | Security Act by reason of Sections 218(d)(5)(A), | 4 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 5 | | The term "investigator for the Illinois Gaming Board" | 6 | | means any
person employed as such by the Illinois Gaming | 7 | | Board and vested with such
peace officer duties as render | 8 | | the person ineligible for coverage under the Social
| 9 | | Security Act by reason of Sections 218(d)(5)(A), | 10 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 11 | | (8) The term "security employee of the Department of | 12 | | Human Services"
means any person employed by the | 13 | | Department of Human Services who (i) is
employed at the | 14 | | Chester Mental Health Center and has daily contact with | 15 | | the
residents thereof, (ii) is employed within a security | 16 | | unit at a facility
operated by the Department and has | 17 | | daily contact with the residents of the
security unit, | 18 | | (iii) is employed at a facility operated by the Department
| 19 | | that includes a security unit and is regularly scheduled | 20 | | to work at least
50% of his or her working hours within | 21 | | that security unit, or (iv) is a mental health police | 22 | | officer.
"Mental health police officer" means any person | 23 | | employed by the Department of
Human Services in a position | 24 | | pertaining to the Department's mental health and
| 25 | | developmental disabilities functions who is vested with | 26 | | such law enforcement
duties as render the person |
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| 1 | | ineligible for coverage under the Social Security
Act by | 2 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 3 | | 218(l)(1) of that
Act. "Security unit" means that portion | 4 | | of a facility that is devoted to
the care, containment, | 5 | | and treatment of persons committed to the Department of
| 6 | | Human Services as sexually violent persons, persons unfit | 7 | | to stand trial, or
persons not guilty by reason of | 8 | | insanity. With respect to past employment,
references to | 9 | | the Department of Human Services include its predecessor, | 10 | | the
Department of Mental Health and Developmental | 11 | | Disabilities.
| 12 | | The changes made to this subdivision (c)(8) by Public | 13 | | Act 92-14 apply to persons who retire on or after January | 14 | | 1,
2001, notwithstanding Section 1-103.1.
| 15 | | (9) "Central Management Services security police | 16 | | officer" means any
person employed by the Department of | 17 | | Central Management Services who is
vested with such law | 18 | | enforcement duties as render him ineligible for
coverage | 19 | | under the Social Security Act by reason of Sections | 20 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 21 | | (10) For a member who first became an employee under | 22 | | this Article before July 1, 2005, the term "security | 23 | | employee of the Department of Corrections or the | 24 | | Department of Juvenile Justice"
means any employee of the | 25 | | Department of Corrections or the Department of Juvenile | 26 | | Justice or the former
Department of Personnel, and any |
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| 1 | | member or employee of the Prisoner
Review Board, who has | 2 | | daily contact with inmates or youth by working within a
| 3 | | correctional facility or Juvenile facility operated by the | 4 | | Department of Juvenile Justice or who is a parole officer | 5 | | or an employee who has
direct contact with committed | 6 | | persons in the performance of his or her
job duties. For a | 7 | | member who first becomes an employee under this Article on | 8 | | or after July 1, 2005, the term means an employee of the | 9 | | Department of Corrections or the Department of Juvenile | 10 | | Justice who is any of the following: (i) officially | 11 | | headquartered at a correctional facility or Juvenile | 12 | | facility operated by the Department of Juvenile Justice, | 13 | | (ii) a parole officer, (iii) a member of the apprehension | 14 | | unit, (iv) a member of the intelligence unit, (v) a member | 15 | | of the sort team, or (vi) an investigator.
| 16 | | (11) The term "dangerous drugs investigator" means any | 17 | | person who is
employed as such by the Department of Human | 18 | | Services.
| 19 | | (12) The term "investigator for the Department of | 20 | | State Police" means
a person employed by the Department of | 21 | | State Police who is vested under
Section 4 of the Narcotic | 22 | | Control Division Abolition Act with such
law enforcement | 23 | | powers as render him ineligible for coverage under the
| 24 | | Social Security Act by reason of Sections 218(d)(5)(A), | 25 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 26 | | (13) "Investigator for the Office of the Attorney |
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| 1 | | General" means any
person who is employed as such by the | 2 | | Office of the Attorney General and
is vested with such | 3 | | investigative duties as render him ineligible for
coverage | 4 | | under the Social Security Act by reason of Sections | 5 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 6 | | the period before January 1,
1989, the term includes all | 7 | | persons who were employed as investigators by the
Office | 8 | | of the Attorney General, without regard to social security | 9 | | status.
| 10 | | (14) "Controlled substance inspector" means any person | 11 | | who is employed
as such by the Department of Professional | 12 | | Regulation and is vested with such
law enforcement duties | 13 | | as render him ineligible for coverage under the Social
| 14 | | Security Act by reason of Sections 218(d)(5)(A), | 15 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 16 | | "controlled substance inspector" includes the Program
| 17 | | Executive of Enforcement and the Assistant Program | 18 | | Executive of Enforcement.
| 19 | | (15) The term "investigator for the Office of the | 20 | | State's Attorneys
Appellate Prosecutor" means a person | 21 | | employed in that capacity on a full
time basis under the | 22 | | authority of Section 7.06 of the State's Attorneys
| 23 | | Appellate Prosecutor's Act.
| 24 | | (16) "Commerce Commission police officer" means any | 25 | | person employed
by the Illinois Commerce Commission who is | 26 | | vested with such law
enforcement duties as render him |
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| 1 | | ineligible for coverage under the Social
Security Act by | 2 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 3 | | 218(l)(1) of that Act.
| 4 | | (17) "Arson investigator" means any person who is | 5 | | employed as such by
the Office of the State Fire Marshal | 6 | | and is vested with such law enforcement
duties as render | 7 | | the person ineligible for coverage under the Social | 8 | | Security
Act by reason of Sections 218(d)(5)(A), | 9 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 10 | | employed as an arson
investigator on January 1, 1995 and | 11 | | is no longer in service but not yet
receiving a retirement | 12 | | annuity may convert his or her creditable service for
| 13 | | employment as an arson investigator into eligible | 14 | | creditable service by paying
to the System the difference | 15 | | between the employee contributions actually paid
for that | 16 | | service and the amounts that would have been contributed | 17 | | if the
applicant were contributing at the rate applicable | 18 | | to persons with the same
social security status earning | 19 | | eligible creditable service on the date of
application.
| 20 | | (18) The term "State highway maintenance worker" means | 21 | | a person who is
either of the following:
| 22 | | (i) A person employed on a full-time basis by the | 23 | | Illinois
Department of Transportation in the position | 24 | | of
highway maintainer,
highway maintenance lead | 25 | | worker,
highway maintenance lead/lead worker,
heavy | 26 | | construction equipment operator,
power shovel |
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| 1 | | operator, or
bridge mechanic; and
whose principal | 2 | | responsibility is to perform, on the roadway, the | 3 | | actual
maintenance necessary to keep the highways that | 4 | | form a part of the State
highway system in serviceable | 5 | | condition for vehicular traffic.
| 6 | | (ii) A person employed on a full-time basis by the | 7 | | Illinois
State Toll Highway Authority in the position | 8 | | of
equipment operator/laborer H-4,
equipment | 9 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 10 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 11 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 12 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 13 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 14 | | painter H-4, or
painter H-6; and
whose principal | 15 | | responsibility is to perform, on the roadway, the | 16 | | actual
maintenance necessary to keep the Authority's | 17 | | tollways in serviceable condition
for vehicular | 18 | | traffic.
| 19 | | (19) The term "security employee of the Department of | 20 | | Innovation and Technology" means a person who was a | 21 | | security employee of the Department of Corrections or the | 22 | | Department of Juvenile Justice, was transferred to the | 23 | | Department of Innovation and Technology pursuant to | 24 | | Executive Order 2016-01, and continues to perform similar | 25 | | job functions under that Department. | 26 | | (20) "Transferred employee" means an employee who was |
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| 1 | | transferred to the Department of Central Management | 2 | | Services by Executive Order No. 2003-10 or Executive Order | 3 | | No. 2004-2 or transferred to the Department of Innovation | 4 | | and Technology by Executive Order No. 2016-1, or both, and | 5 | | was entitled to eligible creditable service for services | 6 | | immediately preceding the transfer. | 7 | | (d) A security employee of the Department of Corrections | 8 | | or the Department of Juvenile Justice, a security
employee of | 9 | | the Department of Human Services who is not a mental health | 10 | | police
officer, and a security employee of the Department of | 11 | | Innovation and Technology shall not be eligible for the | 12 | | alternative retirement annuity provided
by this Section unless | 13 | | he or she meets the following minimum age and service
| 14 | | requirements at the time of retirement:
| 15 | | (i) 25 years of eligible creditable service and age | 16 | | 55; or
| 17 | | (ii) beginning January 1, 1987, 25 years of eligible | 18 | | creditable service
and age 54, or 24 years of eligible | 19 | | creditable service and age 55; or
| 20 | | (iii) beginning January 1, 1988, 25 years of eligible | 21 | | creditable service
and age 53, or 23 years of eligible | 22 | | creditable service and age 55; or
| 23 | | (iv) beginning January 1, 1989, 25 years of eligible | 24 | | creditable service
and age 52, or 22 years of eligible | 25 | | creditable service and age 55; or
| 26 | | (v) beginning January 1, 1990, 25 years of eligible |
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| 1 | | creditable service
and age 51, or 21 years of eligible | 2 | | creditable service and age 55; or
| 3 | | (vi) beginning January 1, 1991, 25 years of eligible | 4 | | creditable service
and age 50, or 20 years of eligible | 5 | | creditable service and age 55.
| 6 | | Persons who have service credit under Article 16 of this | 7 | | Code for service
as a security employee of the Department of | 8 | | Corrections or the Department of Juvenile Justice, or the | 9 | | Department
of Human Services in a position requiring | 10 | | certification as a teacher may
count such service toward | 11 | | establishing their eligibility under the service
requirements | 12 | | of this Section; but such service may be used only for
| 13 | | establishing such eligibility, and not for the purpose of | 14 | | increasing or
calculating any benefit.
| 15 | | (e) If a member enters military service while working in a | 16 | | position in
which eligible creditable service may be earned, | 17 | | and returns to State
service in the same or another such | 18 | | position, and fulfills in all other
respects the conditions | 19 | | prescribed in this Article for credit for military
service, | 20 | | such military service shall be credited as eligible creditable
| 21 | | service for the purposes of the retirement annuity prescribed | 22 | | in this Section.
| 23 | | (f) For purposes of calculating retirement annuities under | 24 | | this
Section, periods of service rendered after December 31, | 25 | | 1968 and before
October 1, 1975 as a covered employee in the | 26 | | position of special agent,
conservation police officer, mental |
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| 1 | | health police officer, or investigator
for the Secretary of | 2 | | State, shall be deemed to have been service as a
noncovered | 3 | | employee, provided that the employee pays to the System prior | 4 | | to
retirement an amount equal to (1) the difference between | 5 | | the employee
contributions that would have been required for | 6 | | such service as a
noncovered employee, and the amount of | 7 | | employee contributions actually
paid, plus (2) if payment is | 8 | | made after July 31, 1987, regular interest
on the amount | 9 | | specified in item (1) from the date of service to the date
of | 10 | | payment.
| 11 | | For purposes of calculating retirement annuities under | 12 | | this Section,
periods of service rendered after December 31, | 13 | | 1968 and before January 1,
1982 as a covered employee in the | 14 | | position of investigator for the
Department of Revenue shall | 15 | | be deemed to have been service as a noncovered
employee, | 16 | | provided that the employee pays to the System prior to | 17 | | retirement
an amount equal to (1) the difference between the | 18 | | employee contributions
that would have been required for such | 19 | | service as a noncovered employee,
and the amount of employee | 20 | | contributions actually paid, plus (2) if payment
is made after | 21 | | January 1, 1990, regular interest on the amount specified in
| 22 | | item (1) from the date of service to the date of payment.
| 23 | | (g) A State policeman may elect, not later than January 1, | 24 | | 1990, to
establish eligible creditable service for up to 10 | 25 | | years of his service as
a policeman under Article 3, by filing | 26 | | a written election with the Board,
accompanied by payment of |
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| 1 | | an 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 | 7 | | for each year, compounded annually, from the date of
service | 8 | | to the 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 | 20 | | for each year, compounded annually, from the date of service | 21 | | to the
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 |
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| 1 | | paying to the System by January 31, 1994 an amount to be
| 2 | | determined by the Board, equal to (i) the difference between | 3 | | the amount of
employee and employer contributions transferred | 4 | | to the System under Section
5-236, and the amounts that would | 5 | | have been contributed had such
contributions been made at the | 6 | | rates applicable to State policemen, plus
(ii) interest | 7 | | thereon at the effective rate for each year, compounded
| 8 | | annually, from the date of service to the date of payment.
| 9 | | Subject to the limitation in subsection (i), a State | 10 | | policeman,
conservation police officer, or investigator for | 11 | | the Secretary of State may
elect to establish eligible | 12 | | creditable service for up to 10 years of
service as a sheriff's | 13 | | law enforcement employee under Article 7, by filing
a written | 14 | | election with the Board on or before January 31, 1993, and | 15 | | paying
to the System by January 31, 1994 an amount to be | 16 | | determined by the Board,
equal to (i) the difference between | 17 | | the amount of employee and
employer contributions transferred | 18 | | to the System under Section
7-139.7, and the amounts that | 19 | | would have been contributed had such
contributions been made | 20 | | at the rates applicable to State policemen, plus
(ii) interest | 21 | | thereon at the effective rate for each year, compounded
| 22 | | annually, from the date of service to the date of payment.
| 23 | | Subject to the limitation in subsection (i), a State | 24 | | policeman,
conservation police officer, or investigator for | 25 | | the Secretary of State may
elect to establish eligible | 26 | | creditable service for up to 5 years of
service as a police |
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| 1 | | officer under Article 3, a policeman under Article 5, a | 2 | | sheriff's law enforcement employee under Article 7, a member | 3 | | of the county police department under Article 9, or a police | 4 | | officer under Article 15 by filing
a written election with the | 5 | | Board and paying
to the System an amount to be determined by | 6 | | the Board,
equal to (i) the difference between the amount of | 7 | | employee and
employer contributions transferred to the System | 8 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 9 | | and the amounts that would have been contributed had such
| 10 | | contributions been made at the rates applicable to State | 11 | | policemen, plus
(ii) interest thereon at the effective rate | 12 | | for each year, compounded
annually, from the date of service | 13 | | to the date of payment. | 14 | | Subject to the limitation in subsection (i), an | 15 | | investigator for the Office of the Attorney General, or an | 16 | | investigator for the Department of Revenue, may elect to | 17 | | establish eligible creditable service for up to 5 years of | 18 | | service as a police officer under Article 3, a policeman under | 19 | | Article 5, a sheriff's law enforcement employee under Article | 20 | | 7, or a member of the county police department under Article 9 | 21 | | by filing a written election with the Board within 6 months | 22 | | after August 25, 2009 (the effective date of Public Act | 23 | | 96-745) and paying to the System an amount to be determined by | 24 | | the Board, equal to (i) the difference between the amount of | 25 | | employee and employer contributions transferred to the System | 26 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
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| 1 | | amounts that would have been contributed had such | 2 | | contributions been made at the rates applicable to State | 3 | | policemen, plus (ii) interest thereon at the actuarially | 4 | | assumed rate for each year, compounded annually, from the date | 5 | | of service to the date of payment. | 6 | | Subject to the limitation in subsection (i), a State | 7 | | policeman, conservation police officer, investigator for the | 8 | | Office of the Attorney General, an investigator for the | 9 | | Department of Revenue, or investigator for the Secretary of | 10 | | State may elect to establish eligible creditable service for | 11 | | up to 5 years of service as a person employed by a | 12 | | participating municipality to perform police duties, or law | 13 | | enforcement officer employed on a full-time basis by a forest | 14 | | preserve district under Article 7, a county corrections | 15 | | officer, or a court services officer under Article 9, by | 16 | | filing a written election with the Board within 6 months after | 17 | | August 25, 2009 (the effective date of Public Act 96-745) and | 18 | | paying to the System an amount to be determined by the Board, | 19 | | equal to (i) the difference between the amount of employee and | 20 | | employer contributions transferred to the System under | 21 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 22 | | been contributed had such contributions been made at the rates | 23 | | applicable to State policemen, plus (ii) interest thereon at | 24 | | the actuarially assumed rate for each year, compounded | 25 | | annually, from the date of service to the date of payment. | 26 | | (i) The total amount of eligible creditable service |
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| 1 | | established by any
person under subsections (g), (h), (j), | 2 | | (k), (l), (l-5), and (o) , and (p) of this
Section shall not | 3 | | exceed 12 years.
| 4 | | (j) Subject to the limitation in subsection (i), an | 5 | | investigator for
the Office of the State's Attorneys Appellate | 6 | | Prosecutor or a controlled
substance inspector may elect to
| 7 | | establish eligible creditable service for up to 10 years of | 8 | | his service as
a policeman under Article 3 or a sheriff's law | 9 | | enforcement employee under
Article 7, by filing a written | 10 | | election with the Board, accompanied by
payment of an amount | 11 | | to be determined by the Board, equal to (1) the
difference | 12 | | between the amount of employee and employer contributions
| 13 | | transferred to the System under Section 3-110.6 or 7-139.8, | 14 | | and the amounts
that would have been contributed had such | 15 | | contributions been made at the
rates applicable to State | 16 | | policemen, plus (2) interest thereon at the
effective rate for | 17 | | each year, compounded annually, from the date of service
to | 18 | | the date of payment.
| 19 | | (k) Subject to the limitation in subsection (i) of this | 20 | | Section, an
alternative formula employee may elect to | 21 | | establish eligible creditable
service for periods spent as a | 22 | | full-time law enforcement officer or full-time
corrections | 23 | | officer employed by the federal government or by a state or | 24 | | local
government located outside of Illinois, for which credit | 25 | | is not held in any
other public employee pension fund or | 26 | | retirement system. To obtain this
credit, the applicant must |
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| 1 | | file a written application with the Board by March
31, 1998, | 2 | | accompanied by evidence of eligibility acceptable to the Board | 3 | | and
payment of an amount to be determined by the Board, equal | 4 | | to (1) employee
contributions for the credit being | 5 | | established, based upon the applicant's
salary on the first | 6 | | day as an alternative formula employee after the employment
| 7 | | for which credit is being established and the rates then | 8 | | applicable to
alternative formula employees, plus (2) an | 9 | | amount determined by the Board
to be the employer's normal | 10 | | cost of the benefits accrued for the credit being
established, | 11 | | plus (3) regular interest on the amounts in items (1) and (2) | 12 | | from
the first day as an alternative formula employee after | 13 | | the employment for which
credit is being established to the | 14 | | date of payment.
| 15 | | (l) Subject to the limitation in subsection (i), a | 16 | | security employee of
the Department of Corrections may elect, | 17 | | not later than July 1, 1998, to
establish eligible creditable | 18 | | service for up to 10 years of his or her service
as a policeman | 19 | | under Article 3, by filing a written election with the Board,
| 20 | | accompanied by payment of an amount to be determined by the | 21 | | Board, equal to
(i) the difference between the amount of | 22 | | employee and employer contributions
transferred to the System | 23 | | under Section 3-110.5, and the amounts that would
have been | 24 | | contributed had such contributions been made at the rates | 25 | | applicable
to security employees of the Department of | 26 | | Corrections, plus (ii) interest
thereon at the effective rate |
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| 1 | | for each year, compounded annually, from the date
of service | 2 | | to the date of payment.
| 3 | | (l-5) Subject to the limitation in subsection (i) of this | 4 | | Section, a State policeman may elect to establish eligible | 5 | | creditable service for up to 5 years of service as a full-time | 6 | | law enforcement officer employed by the federal government or | 7 | | by a state or local government located outside of Illinois for | 8 | | which credit is not held in any other public employee pension | 9 | | fund or retirement system. To obtain this credit, the | 10 | | applicant must file a written application with the Board no | 11 | | later than 3 years after the effective date of this amendatory | 12 | | Act of the 101st General Assembly, accompanied by evidence of | 13 | | eligibility acceptable to the Board and payment of an amount | 14 | | to be determined by the Board, equal to (1) employee | 15 | | contributions for the credit being established, based upon the | 16 | | applicant's salary on the first day as an alternative formula | 17 | | employee after the employment for which credit is being | 18 | | established and the rates then applicable to alternative | 19 | | formula employees, plus (2) an amount determined by the Board | 20 | | to be the employer's normal cost of the benefits accrued for | 21 | | the credit being established, plus (3) regular interest on the | 22 | | amounts in items (1) and (2) from the first day as an | 23 | | alternative formula employee after the employment for which | 24 | | credit is being established to the date of payment. | 25 | | (m) The amendatory changes to this Section made by this | 26 | | amendatory Act of the 94th General Assembly apply only to: (1) |
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| 1 | | security employees of the Department of Juvenile Justice | 2 | | employed by the Department of Corrections before the effective | 3 | | date of this amendatory Act of the 94th General Assembly and | 4 | | transferred to the Department of Juvenile Justice by this | 5 | | amendatory Act of the 94th General Assembly; and (2) persons | 6 | | employed by the Department of Juvenile Justice on or after the | 7 | | effective date of this amendatory Act of the 94th General | 8 | | Assembly who are required by subsection (b) of Section | 9 | | 3-2.5-15 of the Unified Code of Corrections to have any | 10 | | bachelor's or advanced degree from an accredited college or | 11 | | university or, in the case of persons who provide vocational | 12 | | training, who are required to have adequate knowledge in the | 13 | | skill for which they are providing the vocational training.
| 14 | | (n) A person employed in a position under subsection (b) | 15 | | of this Section who has purchased service credit under | 16 | | subsection (j) of Section 14-104 or subsection (b) of Section | 17 | | 14-105 in any other capacity under this Article may convert up | 18 | | to 5 years of that service credit into service credit covered | 19 | | under this Section by paying to the Fund an amount equal to (1) | 20 | | the additional employee contribution required under Section | 21 | | 14-133, plus (2) the additional employer contribution required | 22 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 23 | | the actuarially assumed rate from the date of the service to | 24 | | the date of payment. | 25 | | (o) Subject to the limitation in subsection (i), a | 26 | | conservation police officer, investigator for the Secretary of |
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| 1 | | State, Commerce Commission police officer, investigator for | 2 | | the Department of Revenue or the
Illinois Gaming Board, or | 3 | | arson investigator subject to subsection (g) of Section 1-160 | 4 | | may elect to convert up to 8 years of service credit | 5 | | established before the effective date of this amendatory Act | 6 | | of the 101st General Assembly as a conservation police | 7 | | officer, investigator for the Secretary of State, Commerce | 8 | | Commission police officer, investigator for the Department of | 9 | | Revenue or the
Illinois Gaming Board, or arson investigator | 10 | | under this Article into eligible creditable service by filing | 11 | | a written election with the Board no later than one year after | 12 | | the effective date of this amendatory Act of the 101st General | 13 | | Assembly, accompanied by payment of an amount to be determined | 14 | | by the Board equal to (i) the difference between the amount of | 15 | | the employee contributions actually paid for that service and | 16 | | the amount of the employee contributions that would have been | 17 | | paid had the employee contributions been made as a noncovered | 18 | | employee serving in a position in which eligible creditable | 19 | | service, as defined in this Section, may be earned, plus (ii) | 20 | | interest thereon at the effective rate for each year, | 21 | | compounded annually, from the date of service to the date of | 22 | | payment. | 23 | | (p) Subject to the limitation in subsection (i), a | 24 | | security employee of the Department of Human Services who is | 25 | | subject to subsection (g) of Section 1-160 may elect to | 26 | | convert up to 8 years of service credit established before the |
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| 1 | | effective date of this amendatory Act of the 102nd General | 2 | | Assembly as a security employee of the Department of Human | 3 | | Services to eligible creditable service by filing a written | 4 | | election with the Board no later than one year after the | 5 | | effective date of this amendatory Act of the 102nd General | 6 | | Assembly, accompanied by payment of an amount, to be | 7 | | determined by the Board, equal to (i) the difference between | 8 | | the amount of the employee contributions actually paid for | 9 | | that service and the amount of the employee contributions that | 10 | | would have been paid had the employee contributions been made | 11 | | as a covered employee serving in a position in which eligible | 12 | | creditable service, as defined in this Section, may be earned, | 13 | | plus (ii) interest thereon at the effective rate for each | 14 | | year, compounded annually, from the date of service to the | 15 | | date of payment. | 16 | | (Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18; | 17 | | 101-610, eff. 1-1-20.)
| 18 | | (40 ILCS 5/14-152.1) | 19 | | Sec. 14-152.1. Application and expiration of new benefit | 20 | | increases. | 21 | | (a) As used in this Section, "new benefit increase" means | 22 | | an increase in the amount of any benefit provided under this | 23 | | Article, or an expansion of the conditions of eligibility for | 24 | | any benefit under this Article, that results from an amendment | 25 | | to this Code that takes effect after June 1, 2005 (the |
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| 1 | | effective date of Public Act 94-4). "New benefit increase", | 2 | | however, does not include any benefit increase resulting from | 3 | | the changes made to Article 1 or this Article by Public Act | 4 | | 96-37, Public Act 100-23, Public Act 100-587, Public Act | 5 | | 100-611, Public Act 101-10, Public Act 101-610, or this | 6 | | amendatory Act of the 102nd General Assembly or this | 7 | | amendatory Act of the 101st General Assembly .
| 8 | | (b) Notwithstanding any other provision of this Code or | 9 | | any subsequent amendment to this Code, every new benefit | 10 | | increase is subject to this Section and shall be deemed to be | 11 | | granted only in conformance with and contingent upon | 12 | | compliance with the provisions of this Section.
| 13 | | (c) The Public Act enacting a new benefit increase must | 14 | | identify and provide for payment to the System of additional | 15 | | funding at least sufficient to fund the resulting annual | 16 | | increase in cost to the System as it accrues. | 17 | | Every new benefit increase is contingent upon the General | 18 | | Assembly providing the additional funding required under this | 19 | | subsection. The Commission on Government Forecasting and | 20 | | Accountability shall analyze whether adequate additional | 21 | | funding has been provided for the new benefit increase and | 22 | | shall report its analysis to the Public Pension Division of | 23 | | the Department of Insurance. A new benefit increase created by | 24 | | a Public Act that does not include the additional funding | 25 | | required under this subsection is null and void. If the Public | 26 | | Pension Division determines that the additional funding |
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| 1 | | provided for a new benefit increase under this subsection is | 2 | | or has become inadequate, it may so certify to the Governor and | 3 | | the State Comptroller and, in the absence of corrective action | 4 | | by the General Assembly, the new benefit increase shall expire | 5 | | at the end of the fiscal year in which the certification is | 6 | | made.
| 7 | | (d) Every new benefit increase shall expire 5 years after | 8 | | its effective date or on such earlier date as may be specified | 9 | | in the language enacting the new benefit increase or provided | 10 | | under subsection (c). This does not prevent the General | 11 | | Assembly from extending or re-creating a new benefit increase | 12 | | by law. | 13 | | (e) Except as otherwise provided in the language creating | 14 | | the new benefit increase, a new benefit increase that expires | 15 | | under this Section continues to apply to persons who applied | 16 | | and qualified for the affected benefit while the new benefit | 17 | | increase was in effect and to the affected beneficiaries and | 18 | | alternate payees of such persons, but does not apply to any | 19 | | other person, including, without limitation, a person who | 20 | | continues in service after the expiration date and did not | 21 | | apply and qualify for the affected benefit while the new | 22 | | benefit increase was in effect.
| 23 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | 24 | | 100-611, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff. | 25 | | 7-12-19; 101-610, eff. 1-1-20.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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