Full Text of SB3778 102nd General Assembly
SB3778eng 102ND GENERAL ASSEMBLY |
| | SB3778 Engrossed | | LRB102 23771 RPS 32962 b |
|
| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 4-108.8, 7-139.8, 9-121.10, 14-110, and | 6 | | 14-152.1 as follows: | 7 | | (40 ILCS 5/4-108.8) | 8 | | Sec. 4-108.8. Transfer of creditable service to the State | 9 | | Employees' Retirement System. | 10 | | (a) Any active member of the State Employees' Retirement | 11 | | System who is an arson investigator , investigator for the | 12 | | Department of Revenue, investigator for the Illinois Gaming | 13 | | Board, or investigator for the Secretary of State may apply | 14 | | for transfer of some or all of his or her credits and | 15 | | creditable service accumulated in any firefighters' pension | 16 | | fund under this Article to the State Employees' Retirement | 17 | | System in accordance with Section 14-110. The creditable | 18 | | service shall be transferred only upon payment by the | 19 | | firefighters' pension fund to the State Employees' Retirement | 20 | | System of an amount equal to: | 21 | | (1) the amounts accumulated to the credit of the | 22 | | applicant for the service to be transferred on file with | 23 | | the fund on the date of transfer; |
| | | SB3778 Engrossed | - 2 - | LRB102 23771 RPS 32962 b |
|
| 1 | | (2) employer contributions in an amount equal to the | 2 | | amount determined under paragraph (1); and | 3 | | (3) any interest paid by the applicant in order to | 4 | | reinstate service to be transferred. | 5 | | Participation in the firefighters' pension fund with | 6 | | respect to the service to be transferred shall terminate on | 7 | | the date of transfer. | 8 | | (b) Any person applying to transfer service under this | 9 | | Section may reinstate service that was terminated by receipt | 10 | | of a refund, by paying to the firefighters' pension fund the | 11 | | amount of the refund with interest thereon at the actuarially | 12 | | assumed rate of interest, compounded annually, from the date | 13 | | of refund to the date of payment.
| 14 | | (Source: P.A. 102-210, eff. 7-30-21.)
| 15 | | (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
| 16 | | Sec. 7-139.8. Transfer to Article 14 System.
| 17 | | (a) Any active member of the State Employees' Retirement | 18 | | System who is a State policeman, an investigator for the | 19 | | Secretary of State, a conservation police officer, an | 20 | | investigator for the Office of the Attorney General, an | 21 | | investigator for the Department of Revenue, an investigator | 22 | | for the Illinois Gaming Board, an arson investigator, a | 23 | | Commerce Commission police officer, an
investigator for the | 24 | | Office of the State's Attorneys Appellate Prosecutor,
or a | 25 | | controlled substance inspector
may apply for transfer of some |
| | | SB3778 Engrossed | - 3 - | LRB102 23771 RPS 32962 b |
|
| 1 | | or all of his or her credits and creditable service
| 2 | | accumulated in this Fund for service as a sheriff's law | 3 | | enforcement
employee, person employed by a participating | 4 | | municipality to perform police duties, or law enforcement | 5 | | officer employed on a full-time basis by a forest preserve | 6 | | district to the State Employees' Retirement System in | 7 | | accordance with
Section 14-110. The creditable service shall | 8 | | be transferred only upon payment
by this Fund to the State | 9 | | Employees' Retirement System of an amount equal to:
| 10 | | (1) the amounts accumulated to the credit of the | 11 | | applicant for the service
to be transferred, including | 12 | | interest; and
| 13 | | (2) municipality credits based on such service, | 14 | | including interest; and
| 15 | | (3) any interest paid by the applicant to reinstate | 16 | | such service.
| 17 | | Participation in this Fund as to any credits transferred under | 18 | | this
Section shall terminate on the date of transfer.
| 19 | | (b) Any person applying to transfer service under this | 20 | | Section may reinstate credits and
creditable service | 21 | | terminated upon receipt of a separation benefit, by paying
to | 22 | | the Fund the amount of the separation benefit plus interest | 23 | | thereon at the actuarially assumed rate of interest
to the | 24 | | date of payment.
| 25 | | (Source: P.A. 102-210, eff. 7-30-21.)
|
| | | SB3778 Engrossed | - 4 - | LRB102 23771 RPS 32962 b |
|
| 1 | | (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
| 2 | | Sec. 9-121.10. Transfer to Article 14.
| 3 | | (a) Any active member of the State Employees'
Retirement | 4 | | System who is a State policeman, investigator for the Office | 5 | | of the Attorney General, an investigator for the Department of | 6 | | Revenue, investigator for the Illinois Gaming Board, arson | 7 | | investigator, investigator for the Secretary of State, or | 8 | | conservation police officer may apply for transfer of some
or | 9 | | all of his creditable service as a member of the County Police
| 10 | | Department, a county corrections officer, or a court services | 11 | | officer accumulated under this Article to the State Employees'
| 12 | | Retirement System in accordance with Section 14-110. At the | 13 | | time of the transfer the Fund shall pay to the
State Employees' | 14 | | Retirement System an amount equal to:
| 15 | | (1) the amounts accumulated to the credit of the | 16 | | applicant on the
books of the Fund on the date of transfer | 17 | | for the service to be
transferred; and
| 18 | | (2) the corresponding municipality credits, including | 19 | | interest, on the
books of the Fund on the date of transfer; | 20 | | and
| 21 | | (3) any interest paid by the applicant in order to | 22 | | reinstate such service.
| 23 | | Participation in this Fund with respect to the credits | 24 | | transferred shall
terminate on the date of transfer.
| 25 | | (b) Any person applying to transfer service under this | 26 | | Section
may reinstate credit for service as a member of the |
| | | SB3778 Engrossed | - 5 - | LRB102 23771 RPS 32962 b |
|
| 1 | | County Police
Department that was terminated by receipt of a | 2 | | refund, by paying to the
Fund the amount of the refund with | 3 | | interest thereon at the actuarially assumed rate of interest, | 4 | | compounded annually, from the date of refund to the date of | 5 | | payment.
| 6 | | (Source: P.A. 95-530, eff. 8-28-07; 96-745, eff. 8-25-09.)
| 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 | 10 | | less than 20
years of eligible creditable service and has | 11 | | attained age 55, and any
member who has withdrawn from service | 12 | | with not less than 25 years of
eligible creditable service and | 13 | | has attained age 50, regardless of whether
the attainment of | 14 | | either of the specified ages occurs while the member is
still | 15 | | in service, shall be entitled to receive at the option of the | 16 | | member,
in lieu of the regular or minimum retirement annuity, | 17 | | a retirement annuity
computed as follows:
| 18 | | (i) for periods of service as a noncovered employee:
| 19 | | if retirement occurs on or after January 1, 2001, 3% of | 20 | | final
average compensation for each year of creditable | 21 | | service; if retirement occurs
before January 1, 2001, 2 | 22 | | 1/4% of final average compensation for each of the
first | 23 | | 10 years of creditable service, 2 1/2% for each year above | 24 | | 10 years to
and including 20 years of creditable service, | 25 | | and 2 3/4% for each year of
creditable service above 20 |
| | | SB3778 Engrossed | - 6 - | LRB102 23771 RPS 32962 b |
|
| 1 | | years; and
| 2 | | (ii) for periods of eligible creditable service as a | 3 | | covered employee:
if retirement occurs on or after January | 4 | | 1, 2001, 2.5% of final average
compensation for each year | 5 | | of creditable service; if retirement occurs before
January | 6 | | 1, 2001, 1.67% of final average compensation for each of | 7 | | the first
10 years of such service, 1.90% for each of the | 8 | | next 10 years of such service,
2.10% for each year of such | 9 | | service in excess of 20 but not exceeding 30, and
2.30% for | 10 | | each year in excess of 30.
| 11 | | Such annuity shall be subject to a maximum of 75% of final | 12 | | average
compensation if retirement occurs before January 1, | 13 | | 2001 or to a maximum
of 80% of final average compensation if | 14 | | retirement occurs on or after January
1, 2001.
| 15 | | These rates shall not be applicable to any service | 16 | | performed
by a member as a covered employee which is not | 17 | | eligible creditable service.
Service as a covered employee | 18 | | which is not eligible creditable service
shall be subject to | 19 | | the rates and provisions of Section 14-108.
| 20 | | (b) For the purpose of this Section, "eligible creditable | 21 | | service" means
creditable service resulting from service in | 22 | | one or more of the following
positions:
| 23 | | (1) State policeman;
| 24 | | (2) fire fighter in the fire protection service of a | 25 | | department;
| 26 | | (3) air pilot;
|
| | | SB3778 Engrossed | - 7 - | LRB102 23771 RPS 32962 b |
|
| 1 | | (4) special agent;
| 2 | | (5) investigator for the Secretary of State;
| 3 | | (6) conservation police officer;
| 4 | | (7) investigator for the Department of Revenue or the | 5 | | Illinois Gaming Board;
| 6 | | (8) security employee of the Department of Human | 7 | | Services;
| 8 | | (9) Central Management Services security police | 9 | | officer;
| 10 | | (10) security employee of the Department of | 11 | | Corrections or the Department of Juvenile Justice;
| 12 | | (11) dangerous drugs investigator;
| 13 | | (12) investigator for the Illinois State Police;
| 14 | | (13) investigator for the Office of the Attorney | 15 | | General;
| 16 | | (14) controlled substance inspector;
| 17 | | (15) investigator for the Office of the State's | 18 | | Attorneys Appellate
Prosecutor;
| 19 | | (16) Commerce Commission police officer;
| 20 | | (17) arson investigator;
| 21 | | (18) State highway maintenance worker;
| 22 | | (19) security employee of the Department of Innovation | 23 | | and Technology; or | 24 | | (20) transferred employee. | 25 | | A person employed in one of the positions specified in | 26 | | this subsection is
entitled to eligible creditable service for |
| | | SB3778 Engrossed | - 8 - | LRB102 23771 RPS 32962 b |
|
| 1 | | service credit earned under this
Article while undergoing the | 2 | | basic police training course approved by the
Illinois Law | 3 | | Enforcement Training
Standards Board, if
completion of that | 4 | | training is required of persons serving in that position.
For | 5 | | the purposes of this Code, service during the required basic | 6 | | police
training course shall be deemed performance of the | 7 | | duties of the specified
position, even though the person is | 8 | | not a sworn peace officer at the time of
the training.
| 9 | | A person under paragraph (20) is entitled to eligible | 10 | | creditable service for service credit earned under this | 11 | | Article on and after his or her transfer by Executive Order No. | 12 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 13 | | 2016-1. | 14 | | (c) For the purposes of this Section:
| 15 | | (1) The term "State policeman" includes any title or | 16 | | position
in the Illinois State Police that is held by an | 17 | | individual employed
under the Illinois State Police Act.
| 18 | | (2) The term "fire fighter in the fire protection | 19 | | service of a
department" includes all officers in such | 20 | | fire protection service
including fire chiefs and | 21 | | assistant fire chiefs.
| 22 | | (3) The term "air pilot" includes any employee whose | 23 | | official job
description on file in the Department of | 24 | | Central Management Services, or
in the department by which | 25 | | he is employed if that department is not covered
by the | 26 | | Personnel Code, states that his principal duty is the |
| | | SB3778 Engrossed | - 9 - | LRB102 23771 RPS 32962 b |
|
| 1 | | operation of
aircraft, and who possesses a pilot's | 2 | | license; however, the change in this
definition made by | 3 | | Public Act 83-842 this amendatory Act of 1983 shall not | 4 | | operate to exclude
any noncovered employee who was an "air | 5 | | pilot" for the purposes of this
Section on January 1, | 6 | | 1984.
| 7 | | (4) The term "special agent" means any person who by | 8 | | reason of
employment by the Division of Narcotic Control, | 9 | | the Bureau of Investigation
or, after July 1, 1977, the | 10 | | Division of Criminal Investigation, the
Division of | 11 | | Internal Investigation, the Division of Operations, the | 12 | | Division of Patrol Operations, or any
other Division or | 13 | | organizational
entity in the Illinois State Police is | 14 | | vested by law with duties to
maintain public order, | 15 | | investigate violations of the criminal law of this
State, | 16 | | enforce the laws of this State, make arrests and recover | 17 | | property.
The term "special agent" includes any title or | 18 | | position in the Illinois State Police that is held by an | 19 | | individual employed under the Illinois State
Police Act.
| 20 | | (5) The term "investigator for the Secretary of State" | 21 | | means any person
employed by the Office of the Secretary | 22 | | of State and vested with such
investigative duties as | 23 | | render him ineligible for coverage under the Social
| 24 | | Security Act by reason of Sections 218(d)(5)(A), | 25 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 26 | | A person who became employed as an investigator for |
| | | SB3778 Engrossed | - 10 - | LRB102 23771 RPS 32962 b |
|
| 1 | | the Secretary of
State between January 1, 1967 and | 2 | | December 31, 1975, and who has served as
such until | 3 | | attainment of age 60, either continuously or with a single | 4 | | break
in service of not more than 3 years duration, which | 5 | | break terminated before
January 1, 1976, shall be entitled | 6 | | to have his retirement annuity
calculated in accordance | 7 | | with subsection (a), notwithstanding
that he has less than | 8 | | 20 years of credit for such service.
| 9 | | (6) The term "Conservation Police Officer" means any | 10 | | person employed
by the Division of Law Enforcement of the | 11 | | Department of Natural Resources and
vested with such law | 12 | | enforcement 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. The | 15 | | term "Conservation Police Officer" includes
the positions | 16 | | of Chief Conservation Police Administrator and Assistant
| 17 | | Conservation Police Administrator.
| 18 | | (7) The term "investigator for the Department of | 19 | | Revenue" means any
person employed by the Department of | 20 | | Revenue and vested with such
investigative duties as | 21 | | render him ineligible for coverage under the Social
| 22 | | Security Act by reason of Sections 218(d)(5)(A), | 23 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 24 | | The term "investigator for the Illinois Gaming Board" | 25 | | means any
person employed as such by the Illinois Gaming | 26 | | Board and vested with such
peace officer duties as render |
| | | SB3778 Engrossed | - 11 - | LRB102 23771 RPS 32962 b |
|
| 1 | | the person ineligible for coverage under the Social
| 2 | | Security Act by reason of Sections 218(d)(5)(A), | 3 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 4 | | (8) The term "security employee of the Department of | 5 | | Human Services"
means any person employed by the | 6 | | Department of Human Services who (i) is
employed at the | 7 | | Chester Mental Health Center and has daily contact with | 8 | | the
residents thereof, (ii) is employed within a security | 9 | | unit at a facility
operated by the Department and has | 10 | | daily contact with the residents of the
security unit, | 11 | | (iii) is employed at a facility operated by the Department
| 12 | | that includes a security unit and is regularly scheduled | 13 | | to work at least
50% of his or her working hours within | 14 | | that security unit, or (iv) is a mental health police | 15 | | officer.
"Mental health police officer" means any person | 16 | | employed by the Department of
Human Services in a position | 17 | | pertaining to the Department's mental health and
| 18 | | developmental disabilities functions who is vested with | 19 | | such law enforcement
duties as render the person | 20 | | ineligible for coverage under the Social Security
Act by | 21 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 22 | | 218(l)(1) of that
Act. "Security unit" means that portion | 23 | | of a facility that is devoted to
the care, containment, | 24 | | and treatment of persons committed to the Department of
| 25 | | Human Services as sexually violent persons, persons unfit | 26 | | to stand trial, or
persons not guilty by reason of |
| | | SB3778 Engrossed | - 12 - | LRB102 23771 RPS 32962 b |
|
| 1 | | insanity. With respect to past employment,
references to | 2 | | the Department of Human Services include its predecessor, | 3 | | the
Department of Mental Health and Developmental | 4 | | Disabilities.
| 5 | | The changes made to this subdivision (c)(8) by Public | 6 | | Act 92-14 apply to persons who retire on or after January | 7 | | 1,
2001, notwithstanding Section 1-103.1.
| 8 | | (9) "Central Management Services security police | 9 | | officer" means any
person employed by the Department of | 10 | | Central Management Services who is
vested with such law | 11 | | enforcement duties as render him ineligible for
coverage | 12 | | under the Social Security Act by reason of Sections | 13 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 14 | | (10) For a member who first became an employee under | 15 | | this Article before July 1, 2005, the term "security | 16 | | employee of the Department of Corrections or the | 17 | | Department of Juvenile Justice"
means any employee of the | 18 | | Department of Corrections or the Department of Juvenile | 19 | | Justice or the former
Department of Personnel, and any | 20 | | member or employee of the Prisoner
Review Board, who has | 21 | | daily contact with inmates or youth by working within a
| 22 | | correctional facility or Juvenile facility operated by the | 23 | | Department of Juvenile Justice or who is a parole officer | 24 | | or an employee who has
direct contact with committed | 25 | | persons in the performance of his or her
job duties. For a | 26 | | member who first becomes an employee under this Article on |
| | | SB3778 Engrossed | - 13 - | LRB102 23771 RPS 32962 b |
|
| 1 | | or after July 1, 2005, the term means an employee of the | 2 | | Department of Corrections or the Department of Juvenile | 3 | | Justice who is any of the following: (i) officially | 4 | | headquartered at a correctional facility or Juvenile | 5 | | facility operated by the Department of Juvenile Justice, | 6 | | (ii) a parole officer, (iii) a member of the apprehension | 7 | | unit, (iv) a member of the intelligence unit, (v) a member | 8 | | of the sort team, or (vi) an investigator.
| 9 | | (11) The term "dangerous drugs investigator" means any | 10 | | person who is
employed as such by the Department of Human | 11 | | Services.
| 12 | | (12) The term "investigator for the Illinois State | 13 | | Police" means
a person employed by the Illinois State | 14 | | Police who is vested under
Section 4 of the Narcotic | 15 | | Control Division Abolition Act with such
law enforcement | 16 | | powers as render him ineligible for coverage under the
| 17 | | Social Security Act by reason of Sections 218(d)(5)(A), | 18 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 19 | | (13) "Investigator for the Office of the Attorney | 20 | | General" means any
person who is employed as such by the | 21 | | Office of the Attorney General and
is vested with such | 22 | | investigative duties as render him ineligible for
coverage | 23 | | under the Social Security Act by reason of Sections | 24 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 25 | | the period before January 1,
1989, the term includes all | 26 | | persons who were employed as investigators by the
Office |
| | | SB3778 Engrossed | - 14 - | LRB102 23771 RPS 32962 b |
|
| 1 | | of the Attorney General, without regard to social security | 2 | | status.
| 3 | | (14) "Controlled substance inspector" means any person | 4 | | who is employed
as such by the Department of Professional | 5 | | Regulation and is vested with such
law enforcement duties | 6 | | as render him ineligible for coverage under the Social
| 7 | | Security Act by reason of Sections 218(d)(5)(A), | 8 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 9 | | "controlled substance inspector" includes the Program
| 10 | | Executive of Enforcement and the Assistant Program | 11 | | Executive of Enforcement.
| 12 | | (15) The term "investigator for the Office of the | 13 | | State's Attorneys
Appellate Prosecutor" means a person | 14 | | employed in that capacity on a full-time full
time basis | 15 | | under the authority of Section 7.06 of the State's | 16 | | Attorneys
Appellate Prosecutor's Act.
| 17 | | (16) "Commerce Commission police officer" means any | 18 | | person employed
by the Illinois Commerce Commission who is | 19 | | vested with such law
enforcement duties as render him | 20 | | ineligible for coverage under the Social
Security Act by | 21 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 22 | | 218(l)(1) of that Act.
| 23 | | (17) "Arson investigator" means any person who is | 24 | | employed as such by
the Office of the State Fire Marshal | 25 | | and is vested with such law enforcement
duties as render | 26 | | the person ineligible for coverage under the Social |
| | | SB3778 Engrossed | - 15 - | LRB102 23771 RPS 32962 b |
|
| 1 | | Security
Act by reason of Sections 218(d)(5)(A), | 2 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 3 | | employed as an arson
investigator on January 1, 1995 and | 4 | | is no longer in service but not yet
receiving a retirement | 5 | | annuity may convert his or her creditable service for
| 6 | | employment as an arson investigator into eligible | 7 | | creditable service by paying
to the System the difference | 8 | | between the employee contributions actually paid
for that | 9 | | service and the amounts that would have been contributed | 10 | | if the
applicant were contributing at the rate applicable | 11 | | to persons with the same
social security status earning | 12 | | eligible creditable service on the date of
application.
| 13 | | (18) The term "State highway maintenance worker" means | 14 | | a person who is
either of the following:
| 15 | | (i) A person employed on a full-time basis by the | 16 | | Illinois
Department of Transportation in the position | 17 | | of
highway maintainer,
highway maintenance lead | 18 | | worker,
highway maintenance lead/lead worker,
heavy | 19 | | construction equipment operator,
power shovel | 20 | | operator, or
bridge mechanic; and
whose principal | 21 | | responsibility is to perform, on the roadway, the | 22 | | actual
maintenance necessary to keep the highways that | 23 | | form a part of the State
highway system in serviceable | 24 | | condition for vehicular traffic.
| 25 | | (ii) A person employed on a full-time basis by the | 26 | | Illinois
State Toll Highway Authority in the position |
| | | SB3778 Engrossed | - 16 - | LRB102 23771 RPS 32962 b |
|
| 1 | | of
equipment operator/laborer H-4,
equipment | 2 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 3 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 4 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 5 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 6 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 7 | | painter H-4, or
painter H-6; and
whose principal | 8 | | responsibility is to perform, on the roadway, the | 9 | | actual
maintenance necessary to keep the Authority's | 10 | | tollways in serviceable condition
for vehicular | 11 | | traffic.
| 12 | | (19) The term "security employee of the Department of | 13 | | Innovation and Technology" means a person who was a | 14 | | security employee of the Department of Corrections or the | 15 | | Department of Juvenile Justice, was transferred to the | 16 | | Department of Innovation and Technology pursuant to | 17 | | Executive Order 2016-01, and continues to perform similar | 18 | | job functions under that Department. | 19 | | (20) "Transferred employee" means an employee who was | 20 | | transferred to the Department of Central Management | 21 | | Services by Executive Order No. 2003-10 or Executive Order | 22 | | No. 2004-2 or transferred to the Department of Innovation | 23 | | and Technology by Executive Order No. 2016-1, or both, and | 24 | | was entitled to eligible creditable service for services | 25 | | immediately preceding the transfer. | 26 | | (d) A security employee of the Department of Corrections |
| | | SB3778 Engrossed | - 17 - | LRB102 23771 RPS 32962 b |
|
| 1 | | or the Department of Juvenile Justice, a security
employee of | 2 | | the Department of Human Services who is not a mental health | 3 | | police
officer, and a security employee of the Department of | 4 | | Innovation and Technology shall not be eligible for the | 5 | | alternative retirement annuity provided
by this Section unless | 6 | | he or she meets the following minimum age and service
| 7 | | requirements at the time of retirement:
| 8 | | (i) 25 years of eligible creditable service and age | 9 | | 55; or
| 10 | | (ii) beginning January 1, 1987, 25 years of eligible | 11 | | creditable service
and age 54, or 24 years of eligible | 12 | | creditable service and age 55; or
| 13 | | (iii) beginning January 1, 1988, 25 years of eligible | 14 | | creditable service
and age 53, or 23 years of eligible | 15 | | creditable service and age 55; or
| 16 | | (iv) beginning January 1, 1989, 25 years of eligible | 17 | | creditable service
and age 52, or 22 years of eligible | 18 | | creditable service and age 55; or
| 19 | | (v) beginning January 1, 1990, 25 years of eligible | 20 | | creditable service
and age 51, or 21 years of eligible | 21 | | creditable service and age 55; or
| 22 | | (vi) beginning January 1, 1991, 25 years of eligible | 23 | | creditable service
and age 50, or 20 years of eligible | 24 | | creditable service and age 55.
| 25 | | Persons who have service credit under Article 16 of this | 26 | | Code for service
as a security employee of the Department of |
| | | SB3778 Engrossed | - 18 - | LRB102 23771 RPS 32962 b |
|
| 1 | | Corrections or the Department of Juvenile Justice, or the | 2 | | Department
of Human Services in a position requiring | 3 | | certification as a teacher may
count such service toward | 4 | | establishing their eligibility under the service
requirements | 5 | | of this Section; but such service may be used only for
| 6 | | establishing such eligibility, and not for the purpose of | 7 | | increasing or
calculating any benefit.
| 8 | | (e) If a member enters military service while working in a | 9 | | position in
which eligible creditable service may be earned, | 10 | | and returns to State
service in the same or another such | 11 | | position, and fulfills in all other
respects the conditions | 12 | | prescribed in this Article for credit for military
service, | 13 | | such military service shall be credited as eligible creditable
| 14 | | service for the purposes of the retirement annuity prescribed | 15 | | in this Section.
| 16 | | (f) For purposes of calculating retirement annuities under | 17 | | this
Section, periods of service rendered after December 31, | 18 | | 1968 and before
October 1, 1975 as a covered employee in the | 19 | | position of special agent,
conservation police officer, mental | 20 | | health police officer, or investigator
for the Secretary of | 21 | | State, shall be deemed to have been service as a
noncovered | 22 | | employee, provided that the employee pays to the System prior | 23 | | to
retirement an amount equal to (1) the difference between | 24 | | the employee
contributions that would have been required for | 25 | | such service as a
noncovered employee, and the amount of | 26 | | employee contributions actually
paid, plus (2) if payment is |
| | | SB3778 Engrossed | - 19 - | LRB102 23771 RPS 32962 b |
|
| 1 | | made after July 31, 1987, regular interest
on the amount | 2 | | specified in item (1) from the date of service to the date
of | 3 | | payment.
| 4 | | For purposes of calculating retirement annuities under | 5 | | this Section,
periods of service rendered after December 31, | 6 | | 1968 and before January 1,
1982 as a covered employee in the | 7 | | position of investigator for the
Department of Revenue shall | 8 | | be deemed to have been service as a noncovered
employee, | 9 | | provided that the employee pays to the System prior to | 10 | | retirement
an amount equal to (1) the difference between the | 11 | | employee contributions
that would have been required for such | 12 | | service as a noncovered employee,
and the amount of employee | 13 | | contributions actually paid, plus (2) if payment
is made after | 14 | | January 1, 1990, regular interest on the amount specified in
| 15 | | item (1) from the date of service to the date of payment.
| 16 | | (g) A State policeman may elect, not later than January 1, | 17 | | 1990, to
establish eligible creditable service for up to 10 | 18 | | years of his service as
a policeman under Article 3, by filing | 19 | | a written election with the Board,
accompanied by payment of | 20 | | an amount to be determined by the Board, equal to
(i) the | 21 | | difference between the amount of employee and employer
| 22 | | contributions transferred to the System under Section 3-110.5, | 23 | | and the
amounts that would have been contributed had such | 24 | | contributions been made
at the rates applicable to State | 25 | | policemen, plus (ii) interest thereon at
the effective rate | 26 | | for each year, compounded annually, from the date of
service |
| | | SB3778 Engrossed | - 20 - | LRB102 23771 RPS 32962 b |
|
| 1 | | to the date of payment.
| 2 | | Subject to the limitation in subsection (i), a State | 3 | | policeman may elect,
not later than July 1, 1993, to establish | 4 | | eligible creditable service for
up to 10 years of his service | 5 | | as a member of the County Police Department
under Article 9, by | 6 | | filing a written election with the Board, accompanied
by | 7 | | payment of an amount to be determined by the Board, equal to | 8 | | (i) the
difference between the amount of employee and employer | 9 | | contributions
transferred to the System under Section 9-121.10 | 10 | | and the amounts that would
have been contributed had those | 11 | | contributions been made at the rates
applicable to State | 12 | | policemen, plus (ii) interest thereon at the effective
rate | 13 | | for each year, compounded annually, from the date of service | 14 | | to the
date of payment.
| 15 | | (h) Subject to the limitation in subsection (i), a State | 16 | | policeman or
investigator for the Secretary of State may elect | 17 | | to establish eligible
creditable service for up to 12 years of | 18 | | his service as a policeman under
Article 5, by filing a written | 19 | | election with the Board on or before January
31, 1992, and | 20 | | paying to the System by January 31, 1994 an amount to be
| 21 | | determined by the Board, equal to (i) the difference between | 22 | | the amount of
employee and employer contributions transferred | 23 | | to the System under Section
5-236, and the amounts that would | 24 | | have been contributed had such
contributions been made at the | 25 | | rates applicable to State policemen, plus
(ii) interest | 26 | | thereon at the effective rate for each year, compounded
|
| | | SB3778 Engrossed | - 21 - | LRB102 23771 RPS 32962 b |
|
| 1 | | annually, from the date of service to the date of payment.
| 2 | | Subject to the limitation in subsection (i), a State | 3 | | policeman,
conservation police officer, or investigator for | 4 | | the Secretary of State may
elect to establish eligible | 5 | | creditable service for up to 10 years of
service as a sheriff's | 6 | | law enforcement employee under Article 7, by filing
a written | 7 | | election with the Board on or before January 31, 1993, and | 8 | | paying
to the System by January 31, 1994 an amount to be | 9 | | determined by the Board,
equal to (i) the difference between | 10 | | the amount of employee and
employer contributions transferred | 11 | | to the System under Section
7-139.7, and the amounts that | 12 | | would have been contributed had such
contributions been made | 13 | | at the rates applicable to State policemen, plus
(ii) interest | 14 | | thereon at the effective rate for each year, compounded
| 15 | | annually, from the date of service to the date of payment.
| 16 | | Subject to the limitation in subsection (i), a State | 17 | | policeman,
conservation police officer, or investigator for | 18 | | the Secretary of State may
elect to establish eligible | 19 | | creditable service for up to 5 years of
service as a police | 20 | | officer under Article 3, a policeman under Article 5, a | 21 | | sheriff's law enforcement employee under Article 7, a member | 22 | | of the county police department under Article 9, or a police | 23 | | officer under Article 15 by filing
a written election with the | 24 | | Board and paying
to the System an amount to be determined by | 25 | | the Board,
equal to (i) the difference between the amount of | 26 | | employee and
employer contributions transferred to the System |
| | | SB3778 Engrossed | - 22 - | LRB102 23771 RPS 32962 b |
|
| 1 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 2 | | and the amounts that would have been contributed had such
| 3 | | contributions been made at the rates applicable to State | 4 | | policemen, plus
(ii) interest thereon at the effective rate | 5 | | for each year, compounded
annually, from the date of service | 6 | | to the date of payment. | 7 | | Subject to the limitation in subsection (i), an | 8 | | investigator for the Office of the Attorney General, or an | 9 | | investigator for the Department of Revenue, may elect to | 10 | | establish eligible creditable service for up to 5 years of | 11 | | service as a police officer under Article 3, a policeman under | 12 | | Article 5, a sheriff's law enforcement employee under Article | 13 | | 7, or a member of the county police department under Article 9 | 14 | | by filing a written election with the Board within 6 months | 15 | | after August 25, 2009 (the effective date of Public Act | 16 | | 96-745) and paying to the System an amount to be determined by | 17 | | the Board, equal to (i) the difference between the amount of | 18 | | employee and employer contributions transferred to the System | 19 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 20 | | amounts that would have been contributed had such | 21 | | contributions been made at the rates applicable to State | 22 | | policemen, plus (ii) interest thereon at the actuarially | 23 | | assumed rate for each year, compounded annually, from the date | 24 | | of service to the date of payment. | 25 | | Subject to the limitation in subsection (i), a State | 26 | | policeman, conservation police officer, investigator for the |
| | | SB3778 Engrossed | - 23 - | LRB102 23771 RPS 32962 b |
|
| 1 | | Office of the Attorney General, an investigator for the | 2 | | Department of Revenue, or investigator for the Secretary of | 3 | | State may elect to establish eligible creditable service for | 4 | | up to 5 years of service as a person employed by a | 5 | | participating municipality to perform police duties, or law | 6 | | enforcement officer employed on a full-time basis by a forest | 7 | | preserve district under Article 7, a county corrections | 8 | | officer, or a court services officer under Article 9, by | 9 | | filing a written election with the Board within 6 months after | 10 | | August 25, 2009 (the effective date of Public Act 96-745) and | 11 | | paying to the System an amount to be determined by the Board, | 12 | | equal to (i) the difference between the amount of employee and | 13 | | employer contributions transferred to the System under | 14 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 15 | | been contributed had such contributions been made at the rates | 16 | | applicable to State policemen, plus (ii) interest thereon at | 17 | | the actuarially assumed rate for each year, compounded | 18 | | annually, from the date of service to the date of payment. | 19 | | Subject to the limitation in subsection (i), a State | 20 | | policeman, arson
investigator, or Commerce Commission police | 21 | | officer may elect to establish eligible creditable service for | 22 | | up to 5 years of service as a person employed by a | 23 | | participating municipality to perform police duties under | 24 | | Article 7, a county corrections officer, a court services | 25 | | officer under Article 9, or a firefighter
under Article 4 by | 26 | | filing a written election with the Board within 6 months after |
| | | SB3778 Engrossed | - 24 - | LRB102 23771 RPS 32962 b |
|
| 1 | | July 30, 2021 ( the effective date of Public Act 102-210) this | 2 | | amendatory Act of the 102nd General Assembly and paying to the | 3 | | System an amount to be determined by the Board equal to (i) the | 4 | | difference between the amount of employee and employer | 5 | | contributions transferred to the System under Sections | 6 | | 4-108.8, 7-139.8, and 9-121.10 and the amounts that would have | 7 | | been contributed had such contributions been made at the rates | 8 | | applicable to State policemen, plus (ii) interest thereon at | 9 | | the actuarially assumed rate for each year, compounded | 10 | | annually, from the date of service to the date of payment. | 11 | | Subject to the limitation in subsection (i), a | 12 | | conservation police officer may elect to establish eligible | 13 | | creditable service for up to 5 years of service as a person | 14 | | employed by a participating municipality to perform police | 15 | | duties under Article 7, a county corrections officer, or a | 16 | | court services officer under Article 9 by filing a written | 17 | | election with the Board within 6 months after July 30, 2021 | 18 | | ( the effective date of Public Act 102-210) this amendatory Act | 19 | | of the 102nd General Assembly and paying to the System an | 20 | | amount to be determined by the Board equal to (i) the | 21 | | difference between the amount of employee and employer | 22 | | contributions transferred to the System under Sections 7-139.8 | 23 | | and 9-121.10 and the amounts that would have been contributed | 24 | | had such contributions been made at the rates applicable to | 25 | | State policemen, plus (ii) interest thereon at the actuarially | 26 | | assumed rate for each year, compounded annually, from the date |
| | | SB3778 Engrossed | - 25 - | LRB102 23771 RPS 32962 b |
|
| 1 | | of service to the date of payment. | 2 | | Subject to the limitation in subsection (i), an | 3 | | investigator for the Department of Revenue, investigator for | 4 | | the Illinois Gaming Board, investigator for the Secretary of | 5 | | State, or arson investigator may elect to establish eligible | 6 | | creditable service for up to 5 years of service as a person | 7 | | employed by a participating municipality to perform police | 8 | | duties under Article 7, a county corrections officer, a court | 9 | | services officer under Article 9, or a firefighter under | 10 | | Article 4 by filing a written election with the Board within 6 | 11 | | months after the effective date of this amendatory Act of the | 12 | | 102nd General Assembly and paying to the System an amount to be | 13 | | determined by the Board equal to (i) the difference between | 14 | | the amount of employee and employer contributions transferred | 15 | | to the System under Sections 4-108.8, 7-139.8, and 9-121.10 | 16 | | and the amounts that would have been contributed had such | 17 | | contributions been made at the rates applicable to State | 18 | | policemen, plus (ii) interest thereon at the actuarially | 19 | | assumed rate for each year, compounded annually, from the date | 20 | | of service to the date of payment. | 21 | | Notwithstanding the limitation in subsection (i), a State | 22 | | policeman or conservation police officer may elect to convert | 23 | | service credit earned under this Article to eligible | 24 | | creditable service, as defined by this Section, by filing a | 25 | | written election with the board within 6 months after July 30, | 26 | | 2021 ( the effective date of Public Act 102-210) this |
| | | SB3778 Engrossed | - 26 - | LRB102 23771 RPS 32962 b |
|
| 1 | | amendatory Act of the 102nd General Assembly and paying to the | 2 | | System an amount to be determined by the Board equal to (i) the | 3 | | difference between the amount of employee contributions | 4 | | originally paid for that service and the amounts that would | 5 | | have been contributed had such contributions been made at the | 6 | | rates applicable to State policemen, plus (ii) the difference | 7 | | between the employer's normal cost of the credit prior to the | 8 | | conversion authorized by Public Act 102-210 this amendatory | 9 | | Act of the 102nd General Assembly and the employer's normal | 10 | | cost of the credit converted in accordance with Public Act | 11 | | 102-210 this amendatory Act of the 102nd General Assembly , | 12 | | plus (iii) interest thereon at the actuarially assumed rate | 13 | | for each year, compounded annually, from the date of service | 14 | | to the date of payment. | 15 | | Notwithstanding the limitation in subsection (i), an | 16 | | investigator for the Department of Revenue, investigator for | 17 | | the Illinois Gaming Board, investigator for the Secretary of | 18 | | State, or arson investigator may elect to convert service | 19 | | credit earned under this Article to eligible creditable | 20 | | service, as defined by this Section, by filing a written | 21 | | election with the Board within 6 months after the effective | 22 | | date of this amendatory Act of the 102nd General Assembly and | 23 | | paying to the System an amount to be determined by the Board | 24 | | equal to (i) the difference between the amount of employee | 25 | | contributions originally paid for that service and the amounts | 26 | | that would have been contributed had such contributions been |
| | | SB3778 Engrossed | - 27 - | LRB102 23771 RPS 32962 b |
|
| 1 | | made at the rates applicable to investigators for the | 2 | | Department of Revenue, investigators for the Illinois Gaming | 3 | | Board, investigators for the Secretary of State, or arson | 4 | | investigators, plus (ii) the difference between the employer's | 5 | | normal cost of the credit prior to the conversion authorized | 6 | | by this amendatory Act of the 102nd General Assembly and the | 7 | | employer's normal cost of the credit converted in accordance | 8 | | with this amendatory Act of the 102nd General Assembly, plus | 9 | | (iii) interest thereon at the actuarially assumed rate for | 10 | | each year, compounded annually, from the date of service to | 11 | | the date of payment. | 12 | | (i) The total amount of eligible creditable service | 13 | | established by any
person under subsections (g), (h), (j), | 14 | | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | 15 | | years.
| 16 | | (j) Subject to the limitation in subsection (i), an | 17 | | investigator for
the Office of the State's Attorneys Appellate | 18 | | Prosecutor or a controlled
substance inspector may elect to
| 19 | | establish eligible creditable service for up to 10 years of | 20 | | his service as
a policeman under Article 3 or a sheriff's law | 21 | | enforcement employee under
Article 7, by filing a written | 22 | | election with the Board, accompanied by
payment of an amount | 23 | | to be determined by the Board, equal to (1) the
difference | 24 | | between the amount of employee and employer contributions
| 25 | | transferred to the System under Section 3-110.6 or 7-139.8, | 26 | | and the amounts
that would have been contributed had such |
| | | SB3778 Engrossed | - 28 - | LRB102 23771 RPS 32962 b |
|
| 1 | | contributions been made at the
rates applicable to State | 2 | | policemen, plus (2) interest thereon at the
effective rate for | 3 | | each year, compounded annually, from the date of service
to | 4 | | the date of payment.
| 5 | | (k) Subject to the limitation in subsection (i) of this | 6 | | Section, an
alternative formula employee may elect to | 7 | | establish eligible creditable
service for periods spent as a | 8 | | full-time law enforcement officer or full-time
corrections | 9 | | officer employed by the federal government or by a state or | 10 | | local
government located outside of Illinois, for which credit | 11 | | is not held in any
other public employee pension fund or | 12 | | retirement system. To obtain this
credit, the applicant must | 13 | | file a written application with the Board by March
31, 1998, | 14 | | accompanied by evidence of eligibility acceptable to the Board | 15 | | and
payment of an amount to be determined by the Board, equal | 16 | | to (1) employee
contributions for the credit being | 17 | | established, based upon the applicant's
salary on the first | 18 | | day as an alternative formula employee after the employment
| 19 | | for which credit is being established and the rates then | 20 | | applicable to
alternative formula employees, plus (2) an | 21 | | amount determined by the Board
to be the employer's normal | 22 | | cost of the benefits accrued for the credit being
established, | 23 | | plus (3) regular interest on the amounts in items (1) and (2) | 24 | | from
the first day as an alternative formula employee after | 25 | | the employment for which
credit is being established to the | 26 | | date of payment.
|
| | | SB3778 Engrossed | - 29 - | LRB102 23771 RPS 32962 b |
|
| 1 | | (l) Subject to the limitation in subsection (i), a | 2 | | security employee of
the Department of Corrections may elect, | 3 | | not later than July 1, 1998, to
establish eligible creditable | 4 | | service for up to 10 years of his or her service
as a policeman | 5 | | under Article 3, by filing a written election with the Board,
| 6 | | accompanied by payment of an amount to be determined by the | 7 | | Board, equal to
(i) the difference between the amount of | 8 | | employee and employer contributions
transferred to the System | 9 | | under Section 3-110.5, and the amounts that would
have been | 10 | | contributed had such contributions been made at the rates | 11 | | applicable
to security employees of the Department of | 12 | | Corrections, plus (ii) interest
thereon at the effective rate | 13 | | for each year, compounded annually, from the date
of service | 14 | | to the date of payment.
| 15 | | (l-5) Subject to the limitation in subsection (i) of this | 16 | | Section, a State policeman may elect to establish eligible | 17 | | creditable service for up to 5 years of service as a full-time | 18 | | law enforcement officer employed by the federal government or | 19 | | by a state or local government located outside of Illinois for | 20 | | which credit is not held in any other public employee pension | 21 | | fund or retirement system. To obtain this credit, the | 22 | | applicant must file a written application with the Board no | 23 | | later than 3 years after January 1, 2020 ( the effective date of | 24 | | Public Act 101-610) this amendatory Act of the 101st General | 25 | | Assembly , accompanied by evidence of eligibility acceptable to | 26 | | the Board and payment of an amount to be determined by the |
| | | SB3778 Engrossed | - 30 - | LRB102 23771 RPS 32962 b |
|
| 1 | | Board, equal to (1) employee contributions for the credit | 2 | | being established, based upon the applicant's salary on the | 3 | | first day as an alternative formula employee after the | 4 | | employment for which credit is being established and the rates | 5 | | then applicable to alternative formula employees, plus (2) an | 6 | | amount determined by the Board to be the employer's normal | 7 | | cost of the benefits accrued for the credit being established, | 8 | | plus (3) regular interest on the amounts in items (1) and (2) | 9 | | from the first day as an alternative formula employee after | 10 | | the employment for which credit is being established to the | 11 | | date of payment. | 12 | | (m) The amendatory changes to this Section made by Public | 13 | | Act 94-696 this amendatory Act of the 94th General Assembly | 14 | | apply only to: (1) security employees of the Department of | 15 | | Juvenile Justice employed by the Department of Corrections | 16 | | before June 1, 2006 ( the effective date of Public Act 94-696) | 17 | | this amendatory Act of the 94th General Assembly and | 18 | | transferred to the Department of Juvenile Justice by Public | 19 | | Act 94-696 this amendatory Act of the 94th General Assembly ; | 20 | | and (2) persons employed by the Department of Juvenile Justice | 21 | | on or after June 1, 2006 ( the effective date of Public Act | 22 | | 94-696) this amendatory Act of the 94th General Assembly who | 23 | | are required by subsection (b) of Section 3-2.5-15 of the | 24 | | Unified Code of Corrections to have any bachelor's or advanced | 25 | | degree from an accredited college or university or, in the | 26 | | case of persons who provide vocational training, who are |
| | | SB3778 Engrossed | - 31 - | LRB102 23771 RPS 32962 b |
|
| 1 | | required to have adequate knowledge in the skill for which | 2 | | they are providing the vocational training.
| 3 | | (n) A person employed in a position under subsection (b) | 4 | | of this Section who has purchased service credit under | 5 | | subsection (j) of Section 14-104 or subsection (b) of Section | 6 | | 14-105 in any other capacity under this Article may convert up | 7 | | to 5 years of that service credit into service credit covered | 8 | | under this Section by paying to the Fund an amount equal to (1) | 9 | | the additional employee contribution required under Section | 10 | | 14-133, plus (2) the additional employer contribution required | 11 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 12 | | the actuarially assumed rate from the date of the service to | 13 | | the date of payment. | 14 | | (o) Subject to the limitation in subsection (i), a | 15 | | conservation police officer, investigator for the Secretary of | 16 | | State, Commerce Commission police officer, investigator for | 17 | | the Department of Revenue or the
Illinois Gaming Board, or | 18 | | arson investigator subject to subsection (g) of Section 1-160 | 19 | | may elect to convert up to 8 years of service credit | 20 | | established before January 1, 2020 ( the effective date of | 21 | | Public Act 101-610) this amendatory Act of the 101st General | 22 | | Assembly as a conservation police officer, investigator for | 23 | | the Secretary of State, Commerce Commission police officer, | 24 | | investigator for the Department of Revenue or the
Illinois | 25 | | Gaming Board, or arson investigator under this Article into | 26 | | eligible creditable service by filing a written election with |
| | | SB3778 Engrossed | - 32 - | LRB102 23771 RPS 32962 b |
|
| 1 | | the Board no later than one year after January 1, 2020 ( the | 2 | | effective date of Public Act 101-610) this amendatory Act of | 3 | | the 101st General Assembly , accompanied by payment of an | 4 | | amount to be determined by the Board equal to (i) the | 5 | | difference between the amount of the employee contributions | 6 | | actually paid for that service and the amount of the employee | 7 | | contributions that would have been paid had the employee | 8 | | contributions been made as a noncovered employee serving in a | 9 | | position in which eligible creditable service, as defined in | 10 | | this Section, may be earned, plus (ii) interest thereon at the | 11 | | effective rate for each year, compounded annually, from the | 12 | | date of service to the date of payment. | 13 | | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | 14 | | 102-538, eff. 8-20-21; revised 10-12-21.)
| 15 | | (40 ILCS 5/14-152.1) | 16 | | Sec. 14-152.1. Application and expiration of new benefit | 17 | | increases. | 18 | | (a) As used in this Section, "new benefit increase" means | 19 | | an increase in the amount of any benefit provided under this | 20 | | Article, or an expansion of the conditions of eligibility for | 21 | | any benefit under this Article, that results from an amendment | 22 | | to this Code that takes effect after June 1, 2005 (the | 23 | | effective date of Public Act 94-4). "New benefit increase", | 24 | | however, does not include any benefit increase resulting from | 25 | | the changes made to Article 1 or this Article by Public Act |
| | | SB3778 Engrossed | - 33 - | LRB102 23771 RPS 32962 b |
|
| 1 | | 96-37, Public Act 100-23, Public Act 100-587, Public Act | 2 | | 100-611, Public Act 101-10, Public Act 101-610, Public Act | 3 | | 102-210, or this amendatory Act of the 102nd General Assembly | 4 | | or this amendatory Act of the 102nd General Assembly .
| 5 | | (b) Notwithstanding any other provision of this Code or | 6 | | any subsequent amendment to this Code, every new benefit | 7 | | increase is subject to this Section and shall be deemed to be | 8 | | granted only in conformance with and contingent upon | 9 | | compliance with the provisions of this Section.
| 10 | | (c) The Public Act enacting a new benefit increase must | 11 | | identify and provide for payment to the System of additional | 12 | | funding at least sufficient to fund the resulting annual | 13 | | increase in cost to the System as it accrues. | 14 | | Every new benefit increase is contingent upon the General | 15 | | Assembly providing the additional funding required under this | 16 | | subsection. The Commission on Government Forecasting and | 17 | | Accountability shall analyze whether adequate additional | 18 | | funding has been provided for the new benefit increase and | 19 | | shall report its analysis to the Public Pension Division of | 20 | | the Department of Insurance. A new benefit increase created by | 21 | | a Public Act that does not include the additional funding | 22 | | required under this subsection is null and void. If the Public | 23 | | Pension Division determines that the additional funding | 24 | | provided for a new benefit increase under this subsection is | 25 | | or has become inadequate, it may so certify to the Governor and | 26 | | the State Comptroller and, in the absence of corrective action |
| | | SB3778 Engrossed | - 34 - | LRB102 23771 RPS 32962 b |
|
| 1 | | by the General Assembly, the new benefit increase shall expire | 2 | | at the end of the fiscal year in which the certification is | 3 | | made.
| 4 | | (d) Every new benefit increase shall expire 5 years after | 5 | | its effective date or on such earlier date as may be specified | 6 | | in the language enacting the new benefit increase or provided | 7 | | under subsection (c). This does not prevent the General | 8 | | Assembly from extending or re-creating a new benefit increase | 9 | | by law. | 10 | | (e) Except as otherwise provided in the language creating | 11 | | the new benefit increase, a new benefit increase that expires | 12 | | under this Section continues to apply to persons who applied | 13 | | and qualified for the affected benefit while the new benefit | 14 | | increase was in effect and to the affected beneficiaries and | 15 | | alternate payees of such persons, but does not apply to any | 16 | | other person, including, without limitation, a person who | 17 | | continues in service after the expiration date and did not | 18 | | apply and qualify for the affected benefit while the new | 19 | | benefit increase was in effect.
| 20 | | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | 21 | | 101-610, eff. 1-1-20; 102-210, eff. 7-30-21.) | 22 | | Section 90. The State Mandates Act is amended by adding | 23 | | Section 8.46 as follows: | 24 | | (30 ILCS 805/8.46 new) |
| | | SB3778 Engrossed | - 35 - | LRB102 23771 RPS 32962 b |
|
| 1 | | Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and | 2 | | 8 of this Act, no reimbursement by the State is required for | 3 | | the implementation of any mandate created by this amendatory | 4 | | Act of the 102nd General Assembly.
|
|