Full Text of HB3263 103rd General Assembly
HB3263 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3263 Introduced 2/17/2023, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
| 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 State Employee Article of the Illinois Pension Code. Provides that a member who is eligible to receive an alternative retirement annuity may elect to receive an estimated payment that shall commence no later than 30 days after the later of either the member's last day of employment or 30 days after the member files for the retirement benefit with the System. Provides that the estimated payment shall be the best estimate by the System of the total monthly amount due to the member based on the information that the System possesses at the time of the estimate. Provides that if the amount of the estimate is greater or less than the actual amount of the monthly annuity, the System shall pay or recover the difference within 6 months after the start of the monthly annuity. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective immediately.
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| | A BILL FOR |
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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 14-110 and 14-152.1 as follows:
| 6 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 7 | | (Text of Section from P.A. 102-813)
| 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| 9 | | (a) Any member who has withdrawn from service with not | 10 | | less than 20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member who has withdrawn from service | 12 | | with not less than 25 years of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 |
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| 1 | | 10 years to
and including 20 years of creditable service, | 2 | | and 2 3/4% for each year of
creditable service above 20 | 3 | | years; and
| 4 | | (ii) for periods of eligible creditable service as a | 5 | | covered employee:
if retirement occurs on or after January | 6 | | 1, 2001, 2.5% of final average
compensation for each year | 7 | | of creditable service; if retirement occurs before
January | 8 | | 1, 2001, 1.67% of final average compensation for each of | 9 | | the first
10 years of such service, 1.90% for each of the | 10 | | next 10 years of such service,
2.10% for each year of such | 11 | | service in excess of 20 but not exceeding 30, and
2.30% for | 12 | | each year in excess of 30.
| 13 | | Such annuity shall be subject to a maximum of 75% of final | 14 | | average
compensation if retirement occurs before January 1, | 15 | | 2001 or to a maximum
of 80% of final average compensation if | 16 | | retirement occurs on or after January
1, 2001.
| 17 | | These rates shall not be applicable to any service | 18 | | performed
by a member as a covered employee which is not | 19 | | eligible creditable service.
Service as a covered employee | 20 | | which is not eligible creditable service
shall be subject to | 21 | | the rates and provisions of Section 14-108.
| 22 | | (a-5) A member who is eligible to receive an alternative | 23 | | retirement annuity under this Section may elect to receive an | 24 | | estimated payment that shall commence no later than 30 days | 25 | | after the later of either the member's last day of employment | 26 | | or 30 days after the member files for the retirement benefit |
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| 1 | | with the System. The estimated payment shall be the best | 2 | | estimate by the System of the total monthly amount due to the | 3 | | member based on the information that the System possesses at | 4 | | the time of the estimate. If the amount of the estimate is | 5 | | greater or less than the actual amount of the monthly annuity, | 6 | | the System shall pay or recover the difference within 6 months | 7 | | after the start of the monthly annuity. | 8 | | (b) For the purpose of this Section, "eligible creditable | 9 | | service" means
creditable service resulting from service in | 10 | | one or more of the following
positions:
| 11 | | (1) State policeman;
| 12 | | (2) fire fighter in the fire protection service of a | 13 | | department;
| 14 | | (3) air pilot;
| 15 | | (4) special agent;
| 16 | | (5) investigator for the Secretary of State;
| 17 | | (6) conservation police officer;
| 18 | | (7) investigator for the Department of Revenue or the | 19 | | Illinois Gaming Board;
| 20 | | (8) security employee of the Department of Human | 21 | | Services;
| 22 | | (9) Central Management Services security police | 23 | | officer;
| 24 | | (10) security employee of the Department of | 25 | | Corrections or the Department of Juvenile Justice;
| 26 | | (11) dangerous drugs investigator;
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| 1 | | (12) investigator for the Illinois State Police;
| 2 | | (13) investigator for the Office of the Attorney | 3 | | General;
| 4 | | (14) controlled substance inspector;
| 5 | | (15) investigator for the Office of the State's | 6 | | Attorneys Appellate
Prosecutor;
| 7 | | (16) Commerce Commission police officer;
| 8 | | (17) arson investigator;
| 9 | | (18) State highway maintenance worker;
| 10 | | (19) security employee of the Department of Innovation | 11 | | and Technology; or | 12 | | (20) transferred employee. | 13 | | A person employed in one of the positions specified in | 14 | | this subsection is
entitled to eligible creditable service for | 15 | | service credit earned under this
Article while undergoing the | 16 | | basic police training course approved by the
Illinois Law | 17 | | Enforcement Training
Standards Board, if
completion of that | 18 | | training is required of persons serving in that position.
For | 19 | | the purposes of this Code, service during the required basic | 20 | | police
training course shall be deemed performance of the | 21 | | duties of the specified
position, even though the person is | 22 | | not a sworn peace officer at the time of
the training.
| 23 | | A person under paragraph (20) is entitled to eligible | 24 | | creditable service for service credit earned under this | 25 | | Article on and after his or her transfer by Executive Order No. | 26 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. |
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| 1 | | 2016-1. | 2 | | (c) For the purposes of this Section:
| 3 | | (1) The term "State policeman" includes any title or | 4 | | position
in the Illinois State Police that is held by an | 5 | | individual employed
under the Illinois State Police Act.
| 6 | | (2) The term "fire fighter in the fire protection | 7 | | service of a
department" includes all officers in such | 8 | | fire protection service
including fire chiefs and | 9 | | assistant fire chiefs.
| 10 | | (3) The term "air pilot" includes any employee whose | 11 | | official job
description on file in the Department of | 12 | | Central Management Services, or
in the department by which | 13 | | he is employed if that department is not covered
by the | 14 | | Personnel Code, states that his principal duty is the | 15 | | operation of
aircraft, and who possesses a pilot's | 16 | | license; however, the change in this
definition made by | 17 | | Public Act 83-842 shall not operate to exclude
any | 18 | | noncovered employee who was an "air pilot" for the | 19 | | purposes of this
Section on January 1, 1984.
| 20 | | (4) The term "special agent" means any person who by | 21 | | reason of
employment by the Division of Narcotic Control, | 22 | | the Bureau of Investigation
or, after July 1, 1977, the | 23 | | Division of Criminal Investigation, the
Division of | 24 | | Internal Investigation, the Division of Operations, the | 25 | | Division of Patrol Operations, or any
other Division or | 26 | | organizational
entity in the Illinois State Police is |
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| 1 | | vested by law with duties to
maintain public order, | 2 | | investigate violations of the criminal law of this
State, | 3 | | enforce the laws of this State, make arrests and recover | 4 | | property.
The term "special agent" includes any title or | 5 | | position in the Illinois State Police that is held by an | 6 | | individual employed under the Illinois State
Police Act.
| 7 | | (5) The term "investigator for the Secretary of State" | 8 | | means any person
employed by the Office of the Secretary | 9 | | of State and vested with such
investigative duties as | 10 | | render him ineligible for coverage under the Social
| 11 | | Security Act by reason of Sections 218(d)(5)(A), | 12 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 13 | | A person who became employed as an investigator for | 14 | | the Secretary of
State between January 1, 1967 and | 15 | | December 31, 1975, and who has served as
such until | 16 | | attainment of age 60, either continuously or with a single | 17 | | break
in service of not more than 3 years duration, which | 18 | | break terminated before
January 1, 1976, shall be entitled | 19 | | to have his retirement annuity
calculated in accordance | 20 | | with subsection (a), notwithstanding
that he has less than | 21 | | 20 years of credit for such service.
| 22 | | (6) The term "Conservation Police Officer" means any | 23 | | person employed
by the Division of Law Enforcement of the | 24 | | Department of Natural Resources and
vested with such law | 25 | | enforcement duties as render him ineligible for coverage
| 26 | | under the Social Security Act by reason of Sections |
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| 1 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 2 | | term "Conservation Police Officer" includes
the positions | 3 | | of Chief Conservation Police Administrator and Assistant
| 4 | | Conservation Police Administrator.
| 5 | | (7) The term "investigator for the Department of | 6 | | Revenue" means any
person employed by the Department of | 7 | | Revenue and vested with such
investigative duties as | 8 | | render him 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 | | The term "investigator for the Illinois Gaming Board" | 12 | | means any
person employed as such by the Illinois Gaming | 13 | | Board and vested with such
peace officer duties as render | 14 | | the person ineligible for coverage under the Social
| 15 | | Security Act by reason of Sections 218(d)(5)(A), | 16 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 17 | | (8) The term "security employee of the Department of | 18 | | Human Services"
means any person employed by the | 19 | | Department of Human Services who (i) is
employed at the | 20 | | Chester Mental Health Center and has daily contact with | 21 | | the
residents thereof, (ii) is employed within a security | 22 | | unit at a facility
operated by the Department and has | 23 | | daily contact with the residents of the
security unit, | 24 | | (iii) is employed at a facility operated by the Department
| 25 | | that includes a security unit and is regularly scheduled | 26 | | to work at least
50% of his or her working hours within |
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| 1 | | that security unit, or (iv) is a mental health police | 2 | | officer.
"Mental health police officer" means any person | 3 | | employed by the Department of
Human Services in a position | 4 | | pertaining to the Department's mental health and
| 5 | | developmental disabilities functions who is vested with | 6 | | such law enforcement
duties as render the person | 7 | | ineligible for coverage under the Social Security
Act by | 8 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 9 | | 218(l)(1) of that
Act. "Security unit" means that portion | 10 | | of a facility that is devoted to
the care, containment, | 11 | | and treatment of persons committed to the Department of
| 12 | | Human Services as sexually violent persons, persons unfit | 13 | | to stand trial, or
persons not guilty by reason of | 14 | | insanity. With respect to past employment,
references to | 15 | | the Department of Human Services include its predecessor, | 16 | | the
Department of Mental Health and Developmental | 17 | | Disabilities.
| 18 | | The changes made to this subdivision (c)(8) by Public | 19 | | Act 92-14 apply to persons who retire on or after January | 20 | | 1,
2001, notwithstanding Section 1-103.1.
| 21 | | (9) "Central Management Services security police | 22 | | officer" means any
person employed by the Department of | 23 | | Central Management Services who is
vested with such law | 24 | | enforcement duties as render him ineligible for
coverage | 25 | | under the Social Security Act by reason of Sections | 26 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
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| 1 | | (10) For a member who first became an employee under | 2 | | this Article before July 1, 2005, the term "security | 3 | | employee of the Department of Corrections or the | 4 | | Department of Juvenile Justice"
means any employee of the | 5 | | Department of Corrections or the Department of Juvenile | 6 | | Justice or the former
Department of Personnel, and any | 7 | | member or employee of the Prisoner
Review Board, who has | 8 | | daily contact with inmates or youth by working within a
| 9 | | correctional facility or Juvenile facility operated by the | 10 | | Department of Juvenile Justice or who is a parole officer | 11 | | or an employee who has
direct contact with committed | 12 | | persons in the performance of his or her
job duties. For a | 13 | | member who first becomes an employee under this Article on | 14 | | or after July 1, 2005, the term means an employee of the | 15 | | Department of Corrections or the Department of Juvenile | 16 | | Justice who is any of the following: (i) officially | 17 | | headquartered at a correctional facility or Juvenile | 18 | | facility operated by the Department of Juvenile Justice, | 19 | | (ii) a parole officer, (iii) a member of the apprehension | 20 | | unit, (iv) a member of the intelligence unit, (v) a member | 21 | | of the sort team, or (vi) an investigator.
| 22 | | (11) The term "dangerous drugs investigator" means any | 23 | | person who is
employed as such by the Department of Human | 24 | | Services.
| 25 | | (12) The term "investigator for the Illinois State | 26 | | Police" means
a person employed by the Illinois State |
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| 1 | | Police who is vested under
Section 4 of the Narcotic | 2 | | Control Division Abolition Act with such
law enforcement | 3 | | powers as render him ineligible for coverage under the
| 4 | | Social Security Act by reason of Sections 218(d)(5)(A), | 5 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 6 | | (13) "Investigator for the Office of the Attorney | 7 | | General" means any
person who is employed as such by the | 8 | | Office of the Attorney General and
is vested with such | 9 | | investigative duties as render him ineligible for
coverage | 10 | | under the Social Security Act by reason of Sections | 11 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 12 | | the period before January 1,
1989, the term includes all | 13 | | persons who were employed as investigators by the
Office | 14 | | of the Attorney General, without regard to social security | 15 | | status.
| 16 | | (14) "Controlled substance inspector" means any person | 17 | | who is employed
as such by the Department of Professional | 18 | | Regulation and is vested with such
law enforcement duties | 19 | | as render him ineligible for coverage under the Social
| 20 | | Security Act by reason of Sections 218(d)(5)(A), | 21 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 22 | | "controlled substance inspector" includes the Program
| 23 | | Executive of Enforcement and the Assistant Program | 24 | | Executive of Enforcement.
| 25 | | (15) The term "investigator for the Office of the | 26 | | State's Attorneys
Appellate Prosecutor" means a person |
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| 1 | | employed in that capacity on a full-time basis under the | 2 | | authority of Section 7.06 of the State's Attorneys
| 3 | | Appellate Prosecutor's Act.
| 4 | | (16) "Commerce Commission police officer" means any | 5 | | person employed
by the Illinois Commerce Commission who is | 6 | | vested with such law
enforcement duties as render him | 7 | | ineligible for coverage under the Social
Security Act by | 8 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 9 | | 218(l)(1) of that Act.
| 10 | | (17) "Arson investigator" means any person who is | 11 | | employed as such by
the Office of the State Fire Marshal | 12 | | and is vested with such law enforcement
duties as render | 13 | | the person 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. A person who was | 16 | | employed as an arson
investigator on January 1, 1995 and | 17 | | is no longer in service but not yet
receiving a retirement | 18 | | annuity may convert his or her creditable service for
| 19 | | employment as an arson investigator into eligible | 20 | | creditable service by paying
to the System the difference | 21 | | between the employee contributions actually paid
for that | 22 | | service and the amounts that would have been contributed | 23 | | if the
applicant were contributing at the rate applicable | 24 | | to persons with the same
social security status earning | 25 | | eligible creditable service on the date of
application.
| 26 | | (18) The term "State highway maintenance worker" means |
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| 1 | | a person who is
either of the following:
| 2 | | (i) A person employed on a full-time basis by the | 3 | | Illinois
Department of Transportation in the position | 4 | | of
highway maintainer,
highway maintenance lead | 5 | | worker,
highway maintenance lead/lead worker,
heavy | 6 | | construction equipment operator,
power shovel | 7 | | operator, or
bridge mechanic; and
whose principal | 8 | | responsibility is to perform, on the roadway, the | 9 | | actual
maintenance necessary to keep the highways that | 10 | | form a part of the State
highway system in serviceable | 11 | | condition for vehicular traffic.
| 12 | | (ii) A person employed on a full-time basis by the | 13 | | Illinois
State Toll Highway Authority in the position | 14 | | of
equipment operator/laborer H-4,
equipment | 15 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 16 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 17 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 18 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 19 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 20 | | painter H-4, or
painter H-6; and
whose principal | 21 | | responsibility is to perform, on the roadway, the | 22 | | actual
maintenance necessary to keep the Authority's | 23 | | tollways in serviceable condition
for vehicular | 24 | | traffic.
| 25 | | (19) The term "security employee of the Department of | 26 | | Innovation and Technology" means a person who was a |
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| 1 | | security employee of the Department of Corrections or the | 2 | | Department of Juvenile Justice, was transferred to the | 3 | | Department of Innovation and Technology pursuant to | 4 | | Executive Order 2016-01, and continues to perform similar | 5 | | job functions under that Department. | 6 | | (20) "Transferred employee" means an employee who was | 7 | | transferred to the Department of Central Management | 8 | | Services by Executive Order No. 2003-10 or Executive Order | 9 | | No. 2004-2 or transferred to the Department of Innovation | 10 | | and Technology by Executive Order No. 2016-1, or both, and | 11 | | was entitled to eligible creditable service for services | 12 | | immediately preceding the transfer. | 13 | | (d) A security employee of the Department of Corrections | 14 | | or the Department of Juvenile Justice, a security
employee of | 15 | | the Department of Human Services who is not a mental health | 16 | | police
officer, and a security employee of the Department of | 17 | | Innovation and Technology shall not be eligible for the | 18 | | alternative retirement annuity provided
by this Section unless | 19 | | he or she meets the following minimum age and service
| 20 | | requirements at the time of retirement:
| 21 | | (i) 25 years of eligible creditable service and age | 22 | | 55; or
| 23 | | (ii) beginning January 1, 1987, 25 years of eligible | 24 | | creditable service
and age 54, or 24 years of eligible | 25 | | creditable service and age 55; or
| 26 | | (iii) beginning January 1, 1988, 25 years of eligible |
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| 1 | | creditable service
and age 53, or 23 years of eligible | 2 | | creditable service and age 55; or
| 3 | | (iv) beginning January 1, 1989, 25 years of eligible | 4 | | creditable service
and age 52, or 22 years of eligible | 5 | | creditable service and age 55; or
| 6 | | (v) beginning January 1, 1990, 25 years of eligible | 7 | | creditable service
and age 51, or 21 years of eligible | 8 | | creditable service and age 55; or
| 9 | | (vi) beginning January 1, 1991, 25 years of eligible | 10 | | creditable service
and age 50, or 20 years of eligible | 11 | | creditable service and age 55.
| 12 | | Persons who have service credit under Article 16 of this | 13 | | Code for service
as a security employee of the Department of | 14 | | Corrections or the Department of Juvenile Justice, or the | 15 | | Department
of Human Services in a position requiring | 16 | | certification as a teacher may
count such service toward | 17 | | establishing their eligibility under the service
requirements | 18 | | of this Section; but such service may be used only for
| 19 | | establishing such eligibility, and not for the purpose of | 20 | | increasing or
calculating any benefit.
| 21 | | (e) If a member enters military service while working in a | 22 | | position in
which eligible creditable service may be earned, | 23 | | and returns to State
service in the same or another such | 24 | | position, and fulfills in all other
respects the conditions | 25 | | prescribed in this Article for credit for military
service, | 26 | | such military service shall be credited as eligible creditable
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| 1 | | service for the purposes of the retirement annuity prescribed | 2 | | in this Section.
| 3 | | (f) For purposes of calculating retirement annuities under | 4 | | this
Section, periods of service rendered after December 31, | 5 | | 1968 and before
October 1, 1975 as a covered employee in the | 6 | | position of special agent,
conservation police officer, mental | 7 | | health police officer, or investigator
for the Secretary of | 8 | | State, shall be deemed to have been service as a
noncovered | 9 | | employee, provided that the employee pays to the System prior | 10 | | to
retirement an amount equal to (1) the difference between | 11 | | the employee
contributions that would have been required for | 12 | | such service as a
noncovered employee, and the amount of | 13 | | employee contributions actually
paid, plus (2) if payment is | 14 | | made after July 31, 1987, regular interest
on the amount | 15 | | specified in item (1) from the date of service to the date
of | 16 | | payment.
| 17 | | For purposes of calculating retirement annuities under | 18 | | this Section,
periods of service rendered after December 31, | 19 | | 1968 and before January 1,
1982 as a covered employee in the | 20 | | position of investigator for the
Department of Revenue shall | 21 | | be deemed to have been service as a noncovered
employee, | 22 | | provided that the employee pays to the System prior to | 23 | | retirement
an amount equal to (1) the difference between the | 24 | | employee contributions
that would have been required for such | 25 | | service as a noncovered employee,
and the amount of employee | 26 | | contributions actually paid, plus (2) if payment
is made after |
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| 1 | | January 1, 1990, regular interest on the amount specified in
| 2 | | item (1) from the date of service to the date of payment.
| 3 | | (g) A State policeman may elect, not later than January 1, | 4 | | 1990, to
establish eligible creditable service for up to 10 | 5 | | years of his service as
a policeman under Article 3, by filing | 6 | | a written election with the Board,
accompanied by payment of | 7 | | an amount to be determined by the Board, equal to
(i) the | 8 | | difference between the amount of employee and employer
| 9 | | contributions transferred to the System under Section 3-110.5, | 10 | | and the
amounts that would have been contributed had such | 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 | | Subject to the limitation in subsection (i), a State | 16 | | policeman may elect,
not later than July 1, 1993, to establish | 17 | | eligible creditable service for
up to 10 years of his service | 18 | | as a member of the County Police Department
under Article 9, by | 19 | | filing a written election with the Board, accompanied
by | 20 | | payment of an amount to be determined by the Board, equal to | 21 | | (i) the
difference between the amount of employee and employer | 22 | | contributions
transferred to the System under Section 9-121.10 | 23 | | and the amounts that would
have been contributed had those | 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 |
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| 1 | | to the
date of payment.
| 2 | | (h) Subject to the limitation in subsection (i), a State | 3 | | policeman or
investigator for the Secretary of State may elect | 4 | | to establish eligible
creditable service for up to 12 years of | 5 | | his service as a policeman under
Article 5, by filing a written | 6 | | election with the Board on or before January
31, 1992, and | 7 | | paying to the System by January 31, 1994 an amount to be
| 8 | | determined by the Board, equal to (i) the difference between | 9 | | the amount of
employee and employer contributions transferred | 10 | | to the System under Section
5-236, and the amounts that would | 11 | | have been contributed had such
contributions been made at the | 12 | | rates applicable to State policemen, plus
(ii) interest | 13 | | thereon at the effective rate for each year, compounded
| 14 | | annually, from the date of service to the date of payment.
| 15 | | Subject to the limitation in subsection (i), a State | 16 | | policeman,
conservation police officer, or investigator for | 17 | | the Secretary of State may
elect to establish eligible | 18 | | creditable service for up to 10 years of
service as a sheriff's | 19 | | law enforcement employee under Article 7, by filing
a written | 20 | | election with the Board on or before January 31, 1993, and | 21 | | paying
to the System by January 31, 1994 an amount to be | 22 | | determined by the Board,
equal to (i) the difference between | 23 | | the amount of employee and
employer contributions transferred | 24 | | to the System under Section
7-139.7, and the amounts that | 25 | | would have been contributed had such
contributions been made | 26 | | at the rates applicable to State policemen, plus
(ii) interest |
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| 1 | | thereon at the effective rate for each year, compounded
| 2 | | annually, from the date of service to the date of payment.
| 3 | | Subject to the limitation in subsection (i), a State | 4 | | policeman,
conservation police officer, or investigator for | 5 | | the Secretary of State may
elect to establish eligible | 6 | | creditable service for up to 5 years of
service as a police | 7 | | officer under Article 3, a policeman under Article 5, a | 8 | | sheriff's law enforcement employee under Article 7, a member | 9 | | of the county police department under Article 9, or a police | 10 | | officer under Article 15 by filing
a written election with the | 11 | | Board and paying
to the System an amount to be determined by | 12 | | the Board,
equal to (i) the difference between the amount of | 13 | | employee and
employer contributions transferred to the System | 14 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 15 | | and the amounts that would have been contributed had such
| 16 | | contributions been made at the rates applicable to State | 17 | | policemen, plus
(ii) interest thereon at the effective rate | 18 | | for each year, compounded
annually, from the date of service | 19 | | to the date of payment. | 20 | | Subject to the limitation in subsection (i), an | 21 | | investigator for the Office of the Attorney General, or an | 22 | | investigator for the Department of Revenue, may elect to | 23 | | establish eligible creditable service for up to 5 years of | 24 | | service as a police officer under Article 3, a policeman under | 25 | | Article 5, a sheriff's law enforcement employee under Article | 26 | | 7, or a member of the county police department under Article 9 |
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| 1 | | by filing a written election with the Board within 6 months | 2 | | after August 25, 2009 (the effective date of Public Act | 3 | | 96-745) and paying to the System an amount to be determined by | 4 | | the Board, equal to (i) the difference between the amount of | 5 | | employee and employer contributions transferred to the System | 6 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 7 | | amounts that would have been contributed had such | 8 | | contributions been made at the rates applicable to State | 9 | | policemen, plus (ii) interest thereon at the actuarially | 10 | | assumed rate for each year, compounded annually, from the date | 11 | | of service to the date of payment. | 12 | | Subject to the limitation in subsection (i), a State | 13 | | policeman, conservation police officer, investigator for the | 14 | | Office of the Attorney General, an investigator for the | 15 | | Department of Revenue, or investigator for the Secretary of | 16 | | State may elect to establish eligible creditable service for | 17 | | up to 5 years of service as a person employed by a | 18 | | participating municipality to perform police duties, or law | 19 | | enforcement officer employed on a full-time basis by a forest | 20 | | preserve district under Article 7, a county corrections | 21 | | officer, or a court services officer under Article 9, by | 22 | | filing a written election with the Board within 6 months after | 23 | | August 25, 2009 (the effective date of Public Act 96-745) and | 24 | | paying to the System an amount to be determined by the Board, | 25 | | equal to (i) the difference between the amount of employee and | 26 | | employer contributions transferred to the System under |
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| 1 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 2 | | been contributed had such contributions been made at the rates | 3 | | applicable to State policemen, plus (ii) interest thereon at | 4 | | the actuarially assumed rate for each year, compounded | 5 | | annually, from the date of service to the date of payment. | 6 | | Subject to the limitation in subsection (i), a State | 7 | | policeman, arson
investigator, or Commerce Commission police | 8 | | officer may elect to establish eligible creditable service for | 9 | | up to 5 years of service as a person employed by a | 10 | | participating municipality to perform police duties under | 11 | | Article 7, a county corrections officer, a court services | 12 | | officer under Article 9, or a firefighter
under Article 4 by | 13 | | filing a written election with the Board within 6 months after | 14 | | July 30, 2021 (the effective date of Public Act 102-210) and | 15 | | paying to the System an amount to be determined by the Board | 16 | | equal to (i) the difference between the amount of employee and | 17 | | employer contributions transferred to the System under | 18 | | Sections 4-108.8, 7-139.8, and 9-121.10 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 actuarially assumed rate for each year, | 22 | | compounded annually, from the date of service to the date of | 23 | | payment. | 24 | | Subject to the limitation in subsection (i), a | 25 | | conservation police officer may elect to establish eligible | 26 | | creditable service for up to 5 years of service as a person |
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| 1 | | employed by a participating municipality to perform police | 2 | | duties under Article 7, a county corrections officer, or a | 3 | | court services officer under Article 9 by filing a written | 4 | | election with the Board within 6 months after July 30, 2021 | 5 | | (the effective date of Public Act 102-210) and paying to the | 6 | | System an amount to be determined by the Board equal to (i) the | 7 | | difference between the amount of employee and employer | 8 | | contributions transferred to the System under Sections 7-139.8 | 9 | | and 9-121.10 and the amounts that would have been contributed | 10 | | had such contributions been made at the rates applicable to | 11 | | State policemen, plus (ii) interest thereon at the actuarially | 12 | | assumed rate for each year, compounded annually, from the date | 13 | | of service to the date of payment. | 14 | | Notwithstanding the limitation in subsection (i), a State | 15 | | policeman or conservation police officer may elect to convert | 16 | | service credit earned under this Article to eligible | 17 | | creditable service, as defined by this Section, by filing a | 18 | | written election with the board within 6 months after July 30, | 19 | | 2021 (the effective date of Public Act 102-210) and paying to | 20 | | the System an amount to be determined by the Board equal to (i) | 21 | | the difference between the amount of employee contributions | 22 | | originally paid for that service and the amounts that would | 23 | | have been contributed had such contributions been made at the | 24 | | rates applicable to State policemen, plus (ii) the difference | 25 | | between the employer's normal cost of the credit prior to the | 26 | | conversion authorized by Public Act 102-210 and the employer's |
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| 1 | | normal cost of the credit converted in accordance with Public | 2 | | Act 102-210, plus (iii) interest thereon at the actuarially | 3 | | assumed rate for each year, compounded annually, from the date | 4 | | of service to the date of payment. | 5 | | (i) The total amount of eligible creditable service | 6 | | established by any
person under subsections (g), (h), (j), | 7 | | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | 8 | | years.
| 9 | | (j) Subject to the limitation in subsection (i), an | 10 | | investigator for
the Office of the State's Attorneys Appellate | 11 | | Prosecutor or a controlled
substance inspector may elect to
| 12 | | establish eligible creditable service for up to 10 years of | 13 | | his service as
a policeman under Article 3 or a sheriff's law | 14 | | enforcement employee under
Article 7, by filing a written | 15 | | election with the Board, accompanied by
payment of an amount | 16 | | to be determined by the Board, equal to (1) the
difference | 17 | | between the amount of employee and employer contributions
| 18 | | transferred to the System under Section 3-110.6 or 7-139.8, | 19 | | and the amounts
that would have been contributed had such | 20 | | contributions been made at the
rates applicable to State | 21 | | policemen, plus (2) interest thereon at the
effective rate for | 22 | | each year, compounded annually, from the date of service
to | 23 | | the date of payment.
| 24 | | (k) Subject to the limitation in subsection (i) of this | 25 | | Section, an
alternative formula employee may elect to | 26 | | establish eligible creditable
service for periods spent as a |
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| 1 | | full-time law enforcement officer or full-time
corrections | 2 | | officer employed by the federal government or by a state or | 3 | | local
government located outside of Illinois, for which credit | 4 | | is not held in any
other public employee pension fund or | 5 | | retirement system. To obtain this
credit, the applicant must | 6 | | file a written application with the Board by March
31, 1998, | 7 | | accompanied by evidence of eligibility acceptable to the Board | 8 | | and
payment of an amount to be determined by the Board, equal | 9 | | to (1) employee
contributions for the credit being | 10 | | established, based upon the applicant's
salary on the first | 11 | | day as an alternative formula employee after the employment
| 12 | | for which credit is being established and the rates then | 13 | | applicable to
alternative formula employees, plus (2) an | 14 | | amount determined by the Board
to be the employer's normal | 15 | | cost of the benefits accrued for the credit being
established, | 16 | | plus (3) regular interest on the amounts in items (1) and (2) | 17 | | from
the first day as an alternative formula employee after | 18 | | the employment for which
credit is being established to the | 19 | | date of payment.
| 20 | | (l) Subject to the limitation in subsection (i), a | 21 | | security employee of
the Department of Corrections may elect, | 22 | | not later than July 1, 1998, to
establish eligible creditable | 23 | | service for up to 10 years of his or her service
as a policeman | 24 | | under Article 3, by filing a written election with the Board,
| 25 | | accompanied by payment of an amount to be determined by the | 26 | | Board, equal to
(i) the difference between the amount of |
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| 1 | | employee and employer contributions
transferred to the System | 2 | | under Section 3-110.5, and the amounts that would
have been | 3 | | contributed had such contributions been made at the rates | 4 | | applicable
to security employees of the Department of | 5 | | Corrections, plus (ii) interest
thereon at the effective rate | 6 | | for each year, compounded annually, from the date
of service | 7 | | to the date of payment.
| 8 | | (l-5) Subject to the limitation in subsection (i) of this | 9 | | Section, a State policeman may elect to establish eligible | 10 | | creditable service for up to 5 years of service as a full-time | 11 | | law enforcement officer employed by the federal government or | 12 | | by a state or local government located outside of Illinois for | 13 | | which credit is not held in any other public employee pension | 14 | | fund or retirement system. To obtain this credit, the | 15 | | applicant must file a written application with the Board no | 16 | | later than 3 years after January 1, 2020 (the effective date of | 17 | | Public Act 101-610), accompanied by evidence of eligibility | 18 | | acceptable to the Board and payment of an amount to be | 19 | | determined by the Board, equal to (1) employee contributions | 20 | | for the credit being established, based upon the applicant's | 21 | | salary on the first day as an alternative formula employee | 22 | | after the employment for which credit is being established and | 23 | | the rates then applicable to alternative formula employees, | 24 | | plus (2) an amount determined by the Board to be the employer's | 25 | | normal cost of the benefits accrued for the credit being | 26 | | established, plus (3) regular interest on the amounts in items |
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| 1 | | (1) and (2) from the first day as an alternative formula | 2 | | employee after the employment for which credit is being | 3 | | established to the date of payment. | 4 | | (m) The amendatory changes to this Section made by Public | 5 | | Act 94-696 apply only to: (1) security employees of the | 6 | | Department of Juvenile Justice employed by the Department of | 7 | | Corrections before June 1, 2006 (the effective date of Public | 8 | | Act 94-696) and transferred to the Department of Juvenile | 9 | | Justice by Public Act 94-696; and (2) persons employed by the | 10 | | Department of Juvenile Justice on or after June 1, 2006 (the | 11 | | effective date of Public Act 94-696) who are required by | 12 | | subsection (b) of Section 3-2.5-15 of the Unified Code of | 13 | | Corrections to have any bachelor's or advanced degree from an | 14 | | accredited college or university or, in the case of persons | 15 | | who provide vocational training, who are required to have | 16 | | adequate knowledge in the skill for which they are providing | 17 | | the vocational training.
| 18 | | (n) A person employed in a position under subsection (b) | 19 | | of this Section who has purchased service credit under | 20 | | subsection (j) of Section 14-104 or subsection (b) of Section | 21 | | 14-105 in any other capacity under this Article may convert up | 22 | | to 5 years of that service credit into service credit covered | 23 | | under this Section by paying to the Fund an amount equal to (1) | 24 | | the additional employee contribution required under Section | 25 | | 14-133, plus (2) the additional employer contribution required | 26 | | under Section 14-131, plus (3) interest on items (1) and (2) at |
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| 1 | | the actuarially assumed rate from the date of the service to | 2 | | the date of payment. | 3 | | (o) Subject to the limitation in subsection (i), a | 4 | | conservation police officer, investigator for the Secretary of | 5 | | State, Commerce Commission police officer, investigator for | 6 | | the Department of Revenue or the
Illinois Gaming Board, or | 7 | | arson investigator subject to subsection (g) of Section 1-160 | 8 | | may elect to convert up to 8 years of service credit | 9 | | established before January 1, 2020 (the effective date of | 10 | | Public Act 101-610) as a conservation police officer, | 11 | | investigator for the Secretary of State, Commerce Commission | 12 | | police officer, investigator for the Department of Revenue or | 13 | | the
Illinois Gaming Board, or arson investigator under this | 14 | | Article into eligible creditable service by filing a written | 15 | | election with the Board no later than one year after January 1, | 16 | | 2020 (the effective date of Public Act 101-610), accompanied | 17 | | by payment of an amount to be determined by the Board equal to | 18 | | (i) the difference between the amount of the employee | 19 | | contributions actually paid for that service and the amount of | 20 | | the employee contributions that would have been paid had the | 21 | | employee contributions been made as a noncovered employee | 22 | | serving in a position in which eligible creditable service, as | 23 | | defined in this Section, may be earned, plus (ii) interest | 24 | | thereon at the effective rate for each year, compounded | 25 | | annually, from the date of service to the date of payment. | 26 | | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
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| 1 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| 2 | | (Text of Section from P.A. 102-856) | 3 | | Sec. 14-110. Alternative retirement annuity.
| 4 | | (a) Any member who has withdrawn from service with not | 5 | | less than 20
years of eligible creditable service and has | 6 | | attained age 55, and any
member who has withdrawn from service | 7 | | with not less than 25 years of
eligible creditable service and | 8 | | has attained age 50, regardless of whether
the attainment of | 9 | | either of the specified ages occurs while the member is
still | 10 | | in service, shall be entitled to receive at the option of the | 11 | | member,
in lieu of the regular or minimum retirement annuity, | 12 | | a retirement annuity
computed as follows:
| 13 | | (i) for periods of service as a noncovered employee:
| 14 | | if retirement occurs on or after January 1, 2001, 3% of | 15 | | final
average compensation for each year of creditable | 16 | | service; if retirement occurs
before January 1, 2001, 2 | 17 | | 1/4% of final average compensation for each of the
first | 18 | | 10 years of creditable service, 2 1/2% for each year above | 19 | | 10 years to
and including 20 years of creditable service, | 20 | | and 2 3/4% for each year of
creditable service above 20 | 21 | | years; and
| 22 | | (ii) for periods of eligible creditable service as a | 23 | | covered employee:
if retirement occurs on or after January | 24 | | 1, 2001, 2.5% of final average
compensation for each year | 25 | | of creditable service; if retirement occurs before
January |
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| 1 | | 1, 2001, 1.67% of final average compensation for each of | 2 | | the first
10 years of such service, 1.90% for each of the | 3 | | next 10 years of such service,
2.10% for each year of such | 4 | | service in excess of 20 but not exceeding 30, and
2.30% for | 5 | | each year in excess of 30.
| 6 | | Such annuity shall be subject to a maximum of 75% of final | 7 | | average
compensation if retirement occurs before January 1, | 8 | | 2001 or to a maximum
of 80% of final average compensation if | 9 | | retirement occurs on or after January
1, 2001.
| 10 | | These rates shall not be applicable to any service | 11 | | performed
by a member as a covered employee which is not | 12 | | eligible creditable service.
Service as a covered employee | 13 | | which is not eligible creditable service
shall be subject to | 14 | | the rates and provisions of Section 14-108.
| 15 | | (a-5) A member who is eligible to receive an alternative | 16 | | retirement annuity under this Section may elect to receive an | 17 | | estimated payment that shall commence no later than 30 days | 18 | | after the later of either the member's last day of employment | 19 | | or 30 days after the member files for the retirement benefit | 20 | | with the System. The estimated payment shall be the best | 21 | | estimate by the System of the total monthly amount due to the | 22 | | member based on the information that the System possesses at | 23 | | the time of the estimate. If the amount of the estimate is | 24 | | greater or less than the actual amount of the monthly annuity, | 25 | | the System shall pay or recover the difference within 6 months | 26 | | after the start of the monthly annuity. |
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| 1 | | (b) For the purpose of this Section, "eligible creditable | 2 | | service" means
creditable service resulting from service in | 3 | | one or more of the following
positions:
| 4 | | (1) State policeman;
| 5 | | (2) fire fighter in the fire protection service of a | 6 | | department;
| 7 | | (3) air pilot;
| 8 | | (4) special agent;
| 9 | | (5) investigator for the Secretary of State;
| 10 | | (6) conservation police officer;
| 11 | | (7) investigator for the Department of Revenue or the | 12 | | Illinois Gaming Board;
| 13 | | (8) security employee of the Department of Human | 14 | | Services;
| 15 | | (9) Central Management Services security police | 16 | | officer;
| 17 | | (10) security employee of the Department of | 18 | | Corrections or the Department of Juvenile Justice;
| 19 | | (11) dangerous drugs investigator;
| 20 | | (12) investigator for the Illinois State Police;
| 21 | | (13) investigator for the Office of the Attorney | 22 | | General;
| 23 | | (14) controlled substance inspector;
| 24 | | (15) investigator for the Office of the State's | 25 | | Attorneys Appellate
Prosecutor;
| 26 | | (16) Commerce Commission police officer;
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| 1 | | (17) arson investigator;
| 2 | | (18) State highway maintenance worker;
| 3 | | (19) security employee of the Department of Innovation | 4 | | and Technology; or | 5 | | (20) transferred employee. | 6 | | A person employed in one of the positions specified in | 7 | | this subsection is
entitled to eligible creditable service for | 8 | | service credit earned under this
Article while undergoing the | 9 | | basic police training course approved by the
Illinois Law | 10 | | Enforcement Training
Standards Board, if
completion of that | 11 | | training is required of persons serving in that position.
For | 12 | | the purposes of this Code, service during the required basic | 13 | | police
training course shall be deemed performance of the | 14 | | duties of the specified
position, even though the person is | 15 | | not a sworn peace officer at the time of
the training.
| 16 | | A person under paragraph (20) is entitled to eligible | 17 | | creditable service for service credit earned under this | 18 | | Article on and after his or her transfer by Executive Order No. | 19 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 20 | | 2016-1. | 21 | | (c) For the purposes of this Section:
| 22 | | (1) The term "State policeman" includes any title or | 23 | | position
in the Illinois State Police that is held by an | 24 | | individual employed
under the Illinois State Police Act.
| 25 | | (2) The term "fire fighter in the fire protection | 26 | | service of a
department" includes all officers in such |
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| 1 | | fire protection service
including fire chiefs and | 2 | | assistant fire chiefs.
| 3 | | (3) The term "air pilot" includes any employee whose | 4 | | official job
description on file in the Department of | 5 | | Central Management Services, or
in the department by which | 6 | | he is employed if that department is not covered
by the | 7 | | Personnel Code, states that his principal duty is the | 8 | | operation of
aircraft, and who possesses a pilot's | 9 | | license; however, the change in this
definition made by | 10 | | Public Act 83-842 shall not operate to exclude
any | 11 | | noncovered employee who was an "air pilot" for the | 12 | | purposes of this
Section on January 1, 1984.
| 13 | | (4) The term "special agent" means any person who by | 14 | | reason of
employment by the Division of Narcotic Control, | 15 | | the Bureau of Investigation
or, after July 1, 1977, the | 16 | | Division of Criminal Investigation, the
Division of | 17 | | Internal Investigation, the Division of Operations, the | 18 | | Division of Patrol Operations, or any
other Division or | 19 | | organizational
entity in the Illinois State Police is | 20 | | vested by law with duties to
maintain public order, | 21 | | investigate violations of the criminal law of this
State, | 22 | | enforce the laws of this State, make arrests and recover | 23 | | property.
The term "special agent" includes any title or | 24 | | position in the Illinois State Police that is held by an | 25 | | individual employed under the Illinois State
Police Act.
| 26 | | (5) The term "investigator for the Secretary of State" |
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| 1 | | means any person
employed by the Office of the Secretary | 2 | | of State and vested with such
investigative duties as | 3 | | render him ineligible for coverage under the Social
| 4 | | Security Act by reason of Sections 218(d)(5)(A), | 5 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 6 | | A person who became employed as an investigator for | 7 | | the Secretary of
State between January 1, 1967 and | 8 | | December 31, 1975, and who has served as
such until | 9 | | attainment of age 60, either continuously or with a single | 10 | | break
in service of not more than 3 years duration, which | 11 | | break terminated before
January 1, 1976, shall be entitled | 12 | | to have his retirement annuity
calculated in accordance | 13 | | with subsection (a), notwithstanding
that he has less than | 14 | | 20 years of credit for such service.
| 15 | | (6) The term "Conservation Police Officer" means any | 16 | | person employed
by the Division of Law Enforcement of the | 17 | | Department of Natural Resources and
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. The | 21 | | term "Conservation Police Officer" includes
the positions | 22 | | of Chief Conservation Police Administrator and Assistant
| 23 | | Conservation Police Administrator.
| 24 | | (7) The term "investigator for the Department of | 25 | | Revenue" means any
person employed by the Department of | 26 | | Revenue and vested with such
investigative duties as |
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| 1 | | render him 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 | | The term "investigator for the Illinois Gaming Board" | 5 | | means any
person employed as such by the Illinois Gaming | 6 | | Board and vested with such
peace officer 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.
| 10 | | (8) The term "security employee of the Department of | 11 | | Human Services"
means any person employed by the | 12 | | Department of Human Services who (i) is
employed at the | 13 | | Chester Mental Health Center and has daily contact with | 14 | | the
residents thereof, (ii) is employed within a security | 15 | | unit at a facility
operated by the Department and has | 16 | | daily contact with the residents of the
security unit, | 17 | | (iii) is employed at a facility operated by the Department
| 18 | | that includes a security unit and is regularly scheduled | 19 | | to work at least
50% of his or her working hours within | 20 | | that security unit, or (iv) is a mental health police | 21 | | officer.
"Mental health police officer" means any person | 22 | | employed by the Department of
Human Services in a position | 23 | | pertaining to the Department's mental health and
| 24 | | developmental disabilities functions who is vested with | 25 | | such law enforcement
duties as render the person | 26 | | ineligible for coverage under the Social Security
Act by |
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| 1 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 2 | | 218(l)(1) of that
Act. "Security unit" means that portion | 3 | | of a facility that is devoted to
the care, containment, | 4 | | and treatment of persons committed to the Department of
| 5 | | Human Services as sexually violent persons, persons unfit | 6 | | to stand trial, or
persons not guilty by reason of | 7 | | insanity. With respect to past employment,
references to | 8 | | the Department of Human Services include its predecessor, | 9 | | the
Department of Mental Health and Developmental | 10 | | Disabilities.
| 11 | | The changes made to this subdivision (c)(8) by Public | 12 | | Act 92-14 apply to persons who retire on or after January | 13 | | 1,
2001, notwithstanding Section 1-103.1.
| 14 | | (9) "Central Management Services security police | 15 | | officer" means any
person employed by the Department of | 16 | | Central Management Services who is
vested with such law | 17 | | enforcement duties as render him ineligible for
coverage | 18 | | under the Social Security Act by reason of Sections | 19 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 20 | | (10) For a member who first became an employee under | 21 | | this Article before July 1, 2005, the term "security | 22 | | employee of the Department of Corrections or the | 23 | | Department of Juvenile Justice"
means any employee of the | 24 | | Department of Corrections or the Department of Juvenile | 25 | | Justice or the former
Department of Personnel, and any | 26 | | member or employee of the Prisoner
Review Board, who has |
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| 1 | | daily contact with inmates or youth by working within a
| 2 | | correctional facility or Juvenile facility operated by the | 3 | | Department of Juvenile Justice or who is a parole officer | 4 | | or an employee who has
direct contact with committed | 5 | | persons in the performance of his or her
job duties. For a | 6 | | member who first becomes an employee under this Article on | 7 | | or after July 1, 2005, the term means an employee of the | 8 | | Department of Corrections or the Department of Juvenile | 9 | | Justice who is any of the following: (i) officially | 10 | | headquartered at a correctional facility or Juvenile | 11 | | facility operated by the Department of Juvenile Justice, | 12 | | (ii) a parole officer, (iii) a member of the apprehension | 13 | | unit, (iv) a member of the intelligence unit, (v) a member | 14 | | of the sort team, or (vi) an investigator.
| 15 | | (11) The term "dangerous drugs investigator" means any | 16 | | person who is
employed as such by the Department of Human | 17 | | Services.
| 18 | | (12) The term "investigator for the Illinois State | 19 | | Police" means
a person employed by the Illinois State | 20 | | Police who is vested under
Section 4 of the Narcotic | 21 | | Control Division Abolition Act with such
law enforcement | 22 | | powers as render him ineligible for coverage under the
| 23 | | Social Security Act by reason of Sections 218(d)(5)(A), | 24 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 25 | | (13) "Investigator for the Office of the Attorney | 26 | | General" means any
person who is employed as such by the |
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| 1 | | Office of the Attorney General and
is vested with such | 2 | | investigative duties as render him ineligible for
coverage | 3 | | under the Social Security Act by reason of Sections | 4 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 5 | | the period before January 1,
1989, the term includes all | 6 | | persons who were employed as investigators by the
Office | 7 | | of the Attorney General, without regard to social security | 8 | | status.
| 9 | | (14) "Controlled substance inspector" means any person | 10 | | who is employed
as such by the Department of Professional | 11 | | Regulation and is vested with such
law enforcement duties | 12 | | as render him ineligible for coverage under the Social
| 13 | | Security Act by reason of Sections 218(d)(5)(A), | 14 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 15 | | "controlled substance inspector" includes the Program
| 16 | | Executive of Enforcement and the Assistant Program | 17 | | Executive of Enforcement.
| 18 | | (15) The term "investigator for the Office of the | 19 | | State's Attorneys
Appellate Prosecutor" means a person | 20 | | employed in that capacity on a full-time basis under the | 21 | | authority of Section 7.06 of the State's Attorneys
| 22 | | Appellate Prosecutor's Act.
| 23 | | (16) "Commerce Commission police officer" means any | 24 | | person employed
by the Illinois Commerce Commission who is | 25 | | vested with such law
enforcement duties as render him | 26 | | ineligible for coverage under the Social
Security Act by |
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| 1 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 2 | | 218(l)(1) of that Act.
| 3 | | (17) "Arson investigator" means any person who is | 4 | | employed as such by
the Office of the State Fire Marshal | 5 | | and is vested with such law enforcement
duties as render | 6 | | the person 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. A person who was | 9 | | employed as an arson
investigator on January 1, 1995 and | 10 | | is no longer in service but not yet
receiving a retirement | 11 | | annuity may convert his or her creditable service for
| 12 | | employment as an arson investigator into eligible | 13 | | creditable service by paying
to the System the difference | 14 | | between the employee contributions actually paid
for that | 15 | | service and the amounts that would have been contributed | 16 | | if the
applicant were contributing at the rate applicable | 17 | | to persons with the same
social security status earning | 18 | | eligible creditable service on the date of
application.
| 19 | | (18) The term "State highway maintenance worker" means | 20 | | a person who is
either of the following:
| 21 | | (i) A person employed on a full-time basis by the | 22 | | Illinois
Department of Transportation in the position | 23 | | of
highway maintainer,
highway maintenance lead | 24 | | worker,
highway maintenance lead/lead worker,
heavy | 25 | | construction equipment operator,
power shovel | 26 | | operator, or
bridge mechanic; and
whose principal |
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| 1 | | responsibility is to perform, on the roadway, the | 2 | | actual
maintenance necessary to keep the highways that | 3 | | form a part of the State
highway system in serviceable | 4 | | condition for vehicular traffic.
| 5 | | (ii) A person employed on a full-time basis by the | 6 | | Illinois
State Toll Highway Authority in the position | 7 | | of
equipment operator/laborer H-4,
equipment | 8 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 9 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 10 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 11 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 12 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 13 | | painter H-4, or
painter H-6; and
whose principal | 14 | | responsibility is to perform, on the roadway, the | 15 | | actual
maintenance necessary to keep the Authority's | 16 | | tollways in serviceable condition
for vehicular | 17 | | traffic.
| 18 | | (19) The term "security employee of the Department of | 19 | | Innovation and Technology" means a person who was a | 20 | | security employee of the Department of Corrections or the | 21 | | Department of Juvenile Justice, was transferred to the | 22 | | Department of Innovation and Technology pursuant to | 23 | | Executive Order 2016-01, and continues to perform similar | 24 | | job functions under that Department. | 25 | | (20) "Transferred employee" means an employee who was | 26 | | transferred to the Department of Central Management |
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| 1 | | Services by Executive Order No. 2003-10 or Executive Order | 2 | | No. 2004-2 or transferred to the Department of Innovation | 3 | | and Technology by Executive Order No. 2016-1, or both, and | 4 | | was entitled to eligible creditable service for services | 5 | | immediately preceding the transfer. | 6 | | (d) A security employee of the Department of Corrections | 7 | | or the Department of Juvenile Justice, a security
employee of | 8 | | the Department of Human Services who is not a mental health | 9 | | police
officer, and a security employee of the Department of | 10 | | Innovation and Technology shall not be eligible for the | 11 | | alternative retirement annuity provided
by this Section unless | 12 | | he or she meets the following minimum age and service
| 13 | | requirements at the time of retirement:
| 14 | | (i) 25 years of eligible creditable service and age | 15 | | 55; or
| 16 | | (ii) beginning January 1, 1987, 25 years of eligible | 17 | | creditable service
and age 54, or 24 years of eligible | 18 | | creditable service and age 55; or
| 19 | | (iii) beginning January 1, 1988, 25 years of eligible | 20 | | creditable service
and age 53, or 23 years of eligible | 21 | | creditable service and age 55; or
| 22 | | (iv) beginning January 1, 1989, 25 years of eligible | 23 | | creditable service
and age 52, or 22 years of eligible | 24 | | creditable service and age 55; or
| 25 | | (v) beginning January 1, 1990, 25 years of eligible | 26 | | creditable service
and age 51, or 21 years of eligible |
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| 1 | | creditable service and age 55; or
| 2 | | (vi) beginning January 1, 1991, 25 years of eligible | 3 | | creditable service
and age 50, or 20 years of eligible | 4 | | creditable service and age 55.
| 5 | | Persons who have service credit under Article 16 of this | 6 | | Code for service
as a security employee of the Department of | 7 | | Corrections or the Department of Juvenile Justice, or the | 8 | | Department
of Human Services in a position requiring | 9 | | certification as a teacher may
count such service toward | 10 | | establishing their eligibility under the service
requirements | 11 | | of this Section; but such service may be used only for
| 12 | | establishing such eligibility, and not for the purpose of | 13 | | increasing or
calculating any benefit.
| 14 | | (e) If a member enters military service while working in a | 15 | | position in
which eligible creditable service may be earned, | 16 | | and returns to State
service in the same or another such | 17 | | position, and fulfills in all other
respects the conditions | 18 | | prescribed in this Article for credit for military
service, | 19 | | such military service shall be credited as eligible creditable
| 20 | | service for the purposes of the retirement annuity prescribed | 21 | | in this Section.
| 22 | | (f) For purposes of calculating retirement annuities under | 23 | | this
Section, periods of service rendered after December 31, | 24 | | 1968 and before
October 1, 1975 as a covered employee in the | 25 | | position of special agent,
conservation police officer, mental | 26 | | health police officer, or investigator
for the Secretary of |
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| 1 | | State, shall be deemed to have been service as a
noncovered | 2 | | employee, provided that the employee pays to the System prior | 3 | | to
retirement an amount equal to (1) the difference between | 4 | | the employee
contributions that would have been required for | 5 | | such service as a
noncovered employee, and the amount of | 6 | | employee contributions actually
paid, plus (2) if payment is | 7 | | made after July 31, 1987, regular interest
on the amount | 8 | | specified in item (1) from the date of service to the date
of | 9 | | payment.
| 10 | | For purposes of calculating retirement annuities under | 11 | | this Section,
periods of service rendered after December 31, | 12 | | 1968 and before January 1,
1982 as a covered employee in the | 13 | | position of investigator for the
Department of Revenue shall | 14 | | be deemed to have been service as a noncovered
employee, | 15 | | provided that the employee pays to the System prior to | 16 | | retirement
an amount equal to (1) the difference between the | 17 | | employee contributions
that would have been required for such | 18 | | service as a noncovered employee,
and the amount of employee | 19 | | contributions actually paid, plus (2) if payment
is made after | 20 | | January 1, 1990, regular interest on the amount specified in
| 21 | | item (1) from the date of service to the date of payment.
| 22 | | (g) A State policeman may elect, not later than January 1, | 23 | | 1990, to
establish eligible creditable service for up to 10 | 24 | | years of his service as
a policeman under Article 3, by filing | 25 | | a written election with the Board,
accompanied by payment of | 26 | | an amount to be determined by the Board, equal to
(i) the |
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| 1 | | difference between the amount of employee and employer
| 2 | | contributions transferred to the System under Section 3-110.5, | 3 | | and the
amounts that would have been contributed had such | 4 | | contributions been made
at the rates applicable to State | 5 | | policemen, plus (ii) interest thereon at
the effective rate | 6 | | for each year, compounded annually, from the date of
service | 7 | | to the date of payment.
| 8 | | Subject to the limitation in subsection (i), a State | 9 | | policeman may elect,
not later than July 1, 1993, to establish | 10 | | eligible creditable service for
up to 10 years of his service | 11 | | as a member of the County Police Department
under Article 9, by | 12 | | filing a written election with the Board, accompanied
by | 13 | | payment of an amount to be determined by the Board, equal to | 14 | | (i) the
difference between the amount of employee and employer | 15 | | contributions
transferred to the System under Section 9-121.10 | 16 | | and the amounts that would
have been contributed had those | 17 | | contributions been made at the rates
applicable to State | 18 | | policemen, plus (ii) interest thereon at the effective
rate | 19 | | for each year, compounded annually, from the date of service | 20 | | to the
date of payment.
| 21 | | (h) Subject to the limitation in subsection (i), a State | 22 | | policeman or
investigator for the Secretary of State may elect | 23 | | to establish eligible
creditable service for up to 12 years of | 24 | | his service as a policeman under
Article 5, by filing a written | 25 | | election with the Board on or before January
31, 1992, and | 26 | | paying to the System by January 31, 1994 an amount to be
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| 1 | | determined by the Board, equal to (i) the difference between | 2 | | the amount of
employee and employer contributions transferred | 3 | | to the System under Section
5-236, and the amounts that would | 4 | | have been contributed had such
contributions been made at the | 5 | | rates applicable to State policemen, plus
(ii) interest | 6 | | thereon at the effective rate for each year, compounded
| 7 | | annually, from the date of service to the date of payment.
| 8 | | Subject to the limitation in subsection (i), a State | 9 | | policeman,
conservation police officer, or investigator for | 10 | | the Secretary of State may
elect to establish eligible | 11 | | creditable service for up to 10 years of
service as a sheriff's | 12 | | law enforcement employee under Article 7, by filing
a written | 13 | | election with the Board on or before January 31, 1993, and | 14 | | paying
to the System by January 31, 1994 an amount to be | 15 | | determined by the Board,
equal to (i) the difference between | 16 | | the amount of employee and
employer contributions transferred | 17 | | to the System under Section
7-139.7, and the amounts that | 18 | | would have been contributed had such
contributions been made | 19 | | at the rates applicable to State policemen, plus
(ii) interest | 20 | | thereon at the effective rate for each year, compounded
| 21 | | annually, from the date of service to the date of payment.
| 22 | | Subject to the limitation in subsection (i), a State | 23 | | policeman,
conservation police officer, or investigator for | 24 | | the Secretary of State may
elect to establish eligible | 25 | | creditable service for up to 5 years of
service as a police | 26 | | officer under Article 3, a policeman under Article 5, a |
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| 1 | | sheriff's law enforcement employee under Article 7, a member | 2 | | of the county police department under Article 9, or a police | 3 | | officer under Article 15 by filing
a written election with the | 4 | | Board and paying
to the System an amount to be determined by | 5 | | the Board,
equal to (i) the difference between the amount of | 6 | | employee and
employer contributions transferred to the System | 7 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 8 | | and the amounts that would have been contributed had such
| 9 | | contributions been made at the rates applicable to State | 10 | | policemen, plus
(ii) interest thereon at the effective rate | 11 | | for each year, compounded
annually, from the date of service | 12 | | to the date of payment. | 13 | | Subject to the limitation in subsection (i), an | 14 | | investigator for the Office of the Attorney General, or an | 15 | | investigator for the Department of Revenue, may elect to | 16 | | establish eligible creditable service for up to 5 years of | 17 | | service as a police officer under Article 3, a policeman under | 18 | | Article 5, a sheriff's law enforcement employee under Article | 19 | | 7, or a member of the county police department under Article 9 | 20 | | by filing a written election with the Board within 6 months | 21 | | after August 25, 2009 (the effective date of Public Act | 22 | | 96-745) and paying to the System an amount to be determined by | 23 | | the Board, equal to (i) the difference between the amount of | 24 | | employee and employer contributions transferred to the System | 25 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 26 | | amounts that would have been contributed had such |
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| 1 | | contributions been made at the rates applicable to State | 2 | | policemen, plus (ii) interest thereon at the actuarially | 3 | | assumed rate for each year, compounded annually, from the date | 4 | | of service to the date of payment. | 5 | | Subject to the limitation in subsection (i), a State | 6 | | policeman, conservation police officer, investigator for the | 7 | | Office of the Attorney General, an investigator for the | 8 | | Department of Revenue, or investigator for the Secretary of | 9 | | State may elect to establish eligible creditable service for | 10 | | up to 5 years of service as a person employed by a | 11 | | participating municipality to perform police duties, or law | 12 | | enforcement officer employed on a full-time basis by a forest | 13 | | preserve district under Article 7, a county corrections | 14 | | officer, or a court services officer under Article 9, by | 15 | | filing a written election with the Board within 6 months after | 16 | | August 25, 2009 (the effective date of Public Act 96-745) and | 17 | | paying to the System an amount to be determined by the Board, | 18 | | equal to (i) the difference between the amount of employee and | 19 | | employer contributions transferred to the System under | 20 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 21 | | been contributed had such contributions been made at the rates | 22 | | applicable to State policemen, plus (ii) interest thereon at | 23 | | the actuarially assumed rate for each year, compounded | 24 | | annually, from the date of service to the date of payment. | 25 | | Subject to the limitation in subsection (i), a State | 26 | | policeman, arson
investigator, or Commerce Commission police |
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| 1 | | officer may elect to establish eligible creditable service for | 2 | | up to 5 years of service as a person employed by a | 3 | | participating municipality to perform police duties under | 4 | | Article 7, a county corrections officer, a court services | 5 | | officer under Article 9, or a firefighter
under Article 4 by | 6 | | filing a written election with the Board within 6 months after | 7 | | July 30, 2021 (the effective date of Public Act 102-210) and | 8 | | paying to the System an amount to be determined by the Board | 9 | | equal to (i) the difference between the amount of employee and | 10 | | employer contributions transferred to the System under | 11 | | Sections 4-108.8, 7-139.8, and 9-121.10 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 actuarially assumed rate for each year, | 15 | | compounded annually, from the date of service to the date of | 16 | | payment. | 17 | | Subject to the limitation in subsection (i), a | 18 | | conservation police officer may elect to establish eligible | 19 | | creditable service for up to 5 years of service as a person | 20 | | employed by a participating municipality to perform police | 21 | | duties under Article 7, a county corrections officer, or a | 22 | | court services officer under Article 9 by filing a written | 23 | | election with the Board within 6 months after July 30, 2021 | 24 | | (the effective date of Public Act 102-210) and paying to the | 25 | | System an amount to be determined by the Board equal to (i) the | 26 | | difference between the amount of employee and employer |
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| 1 | | contributions transferred to the System under Sections 7-139.8 | 2 | | and 9-121.10 and the amounts that would have been contributed | 3 | | had such contributions been made at the rates applicable to | 4 | | State policemen, plus (ii) interest thereon at the actuarially | 5 | | assumed rate for each year, compounded annually, from the date | 6 | | of service to the date of payment. | 7 | | Subject to the limitation in subsection (i), an | 8 | | investigator for the Department of Revenue, investigator for | 9 | | the Illinois Gaming Board, investigator for the Secretary of | 10 | | State, or arson investigator may elect to establish eligible | 11 | | creditable service for up to 5 years of service as a person | 12 | | employed by a participating municipality to perform police | 13 | | duties under Article 7, a county corrections officer, a court | 14 | | services officer under Article 9, or a firefighter under | 15 | | Article 4 by filing a written election with the Board within 6 | 16 | | months after the effective date of this amendatory Act of the | 17 | | 102nd General Assembly and paying to the System an amount to be | 18 | | determined by the Board equal to (i) the difference between | 19 | | the amount of employee and employer contributions transferred | 20 | | to the System under Sections 4-108.8, 7-139.8, and 9-121.10 | 21 | | and the amounts that would have been contributed had such | 22 | | contributions been made at the rates applicable to State | 23 | | policemen, plus (ii) interest thereon at the actuarially | 24 | | assumed rate for each year, compounded annually, from the date | 25 | | of service to the date of payment. | 26 | | Notwithstanding the limitation in subsection (i), a State |
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| 1 | | policeman or conservation police officer may elect to convert | 2 | | service credit earned under this Article to eligible | 3 | | creditable service, as defined by this Section, by filing a | 4 | | written election with the board within 6 months after July 30, | 5 | | 2021 (the effective date of Public Act 102-210) and paying to | 6 | | the System an amount to be determined by the Board equal to (i) | 7 | | the difference between the amount of employee contributions | 8 | | originally paid for that service and the amounts that would | 9 | | have been contributed had such contributions been made at the | 10 | | rates applicable to State policemen, plus (ii) the difference | 11 | | between the employer's normal cost of the credit prior to the | 12 | | conversion authorized by Public Act 102-210 and the employer's | 13 | | normal cost of the credit converted in accordance with Public | 14 | | Act 102-210, plus (iii) interest thereon at the actuarially | 15 | | assumed rate for each year, compounded annually, from the date | 16 | | of service to the date of payment. | 17 | | Notwithstanding the limitation in subsection (i), an | 18 | | investigator for the Department of Revenue, investigator for | 19 | | the Illinois Gaming Board, investigator for the Secretary of | 20 | | State, or arson investigator may elect to convert service | 21 | | credit earned under this Article to eligible creditable | 22 | | service, as defined by this Section, by filing a written | 23 | | election with the Board within 6 months after the effective | 24 | | date of this amendatory Act of the 102nd General Assembly and | 25 | | paying to the System an amount to be determined by the Board | 26 | | equal to (i) the difference between the amount of employee |
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| 1 | | contributions originally paid for that service and the amounts | 2 | | that would have been contributed had such contributions been | 3 | | made at the rates applicable to investigators for the | 4 | | Department of Revenue, investigators for the Illinois Gaming | 5 | | Board, investigators for the Secretary of State, or arson | 6 | | investigators, plus (ii) the difference between the employer's | 7 | | normal cost of the credit prior to the conversion authorized | 8 | | by this amendatory Act of the 102nd General Assembly and the | 9 | | employer's normal cost of the credit converted in accordance | 10 | | with this amendatory Act of the 102nd General Assembly, plus | 11 | | (iii) interest thereon at the actuarially assumed rate for | 12 | | each year, compounded annually, from the date of service to | 13 | | the date of payment. | 14 | | (i) The total amount of eligible creditable service | 15 | | established by any
person under subsections (g), (h), (j), | 16 | | (k), (l), (l-5), and (o) of this
Section shall not exceed 12 | 17 | | years.
| 18 | | (j) Subject to the limitation in subsection (i), an | 19 | | investigator for
the Office of the State's Attorneys Appellate | 20 | | Prosecutor or a controlled
substance inspector may elect to
| 21 | | establish eligible creditable service for up to 10 years of | 22 | | his service as
a policeman under Article 3 or a sheriff's law | 23 | | enforcement employee under
Article 7, by filing a written | 24 | | election with the Board, accompanied by
payment of an amount | 25 | | to be determined by the Board, equal to (1) the
difference | 26 | | between the amount of employee and employer contributions
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| 1 | | transferred to the System under Section 3-110.6 or 7-139.8, | 2 | | and the amounts
that would have been contributed had such | 3 | | contributions been made at the
rates applicable to State | 4 | | policemen, plus (2) interest thereon at the
effective rate for | 5 | | each year, compounded annually, from the date of service
to | 6 | | the date of payment.
| 7 | | (k) Subject to the limitation in subsection (i) of this | 8 | | Section, an
alternative formula employee may elect to | 9 | | establish eligible creditable
service for periods spent as a | 10 | | full-time law enforcement officer or full-time
corrections | 11 | | officer employed by the federal government or by a state or | 12 | | local
government located outside of Illinois, for which credit | 13 | | is not held in any
other public employee pension fund or | 14 | | retirement system. To obtain this
credit, the applicant must | 15 | | file a written application with the Board by March
31, 1998, | 16 | | accompanied by evidence of eligibility acceptable to the Board | 17 | | and
payment of an amount to be determined by the Board, equal | 18 | | to (1) employee
contributions for the credit being | 19 | | established, based upon the applicant's
salary on the first | 20 | | day as an alternative formula employee after the employment
| 21 | | for which credit is being established and the rates then | 22 | | applicable to
alternative formula employees, plus (2) an | 23 | | amount determined by the Board
to be the employer's normal | 24 | | cost of the benefits accrued for the credit being
established, | 25 | | plus (3) regular interest on the amounts in items (1) and (2) | 26 | | from
the first day as an alternative formula employee after |
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| 1 | | the employment for which
credit is being established to the | 2 | | date of payment.
| 3 | | (l) Subject to the limitation in subsection (i), a | 4 | | security employee of
the Department of Corrections may elect, | 5 | | not later than July 1, 1998, to
establish eligible creditable | 6 | | service for up to 10 years of his or her service
as a policeman | 7 | | under Article 3, by filing a written election with the Board,
| 8 | | accompanied by payment of an amount to be determined by the | 9 | | Board, equal to
(i) the difference between the amount of | 10 | | employee and employer contributions
transferred to the System | 11 | | under Section 3-110.5, and the amounts that would
have been | 12 | | contributed had such contributions been made at the rates | 13 | | applicable
to security employees of the Department of | 14 | | Corrections, plus (ii) interest
thereon at the effective rate | 15 | | for each year, compounded annually, from the date
of service | 16 | | to the date of payment.
| 17 | | (l-5) Subject to the limitation in subsection (i) of this | 18 | | Section, a State policeman may elect to establish eligible | 19 | | creditable service for up to 5 years of service as a full-time | 20 | | law enforcement officer employed by the federal government or | 21 | | by a state or local government located outside of Illinois for | 22 | | which credit is not held in any other public employee pension | 23 | | fund or retirement system. To obtain this credit, the | 24 | | applicant must file a written application with the Board no | 25 | | later than 3 years after January 1, 2020 (the effective date of | 26 | | Public Act 101-610), accompanied by evidence of eligibility |
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| 1 | | acceptable to the Board and payment of an amount to be | 2 | | determined by the Board, equal to (1) employee contributions | 3 | | for the credit being established, based upon the applicant's | 4 | | salary on the first day as an alternative formula employee | 5 | | after the employment for which credit is being established and | 6 | | the rates then applicable to alternative formula employees, | 7 | | plus (2) an amount determined by the Board to be the employer's | 8 | | normal cost of the benefits accrued for the credit being | 9 | | established, plus (3) regular interest on the amounts in items | 10 | | (1) and (2) from the first day as an alternative formula | 11 | | employee after the employment for which credit is being | 12 | | established to the date of payment. | 13 | | (m) The amendatory changes to this Section made by Public | 14 | | Act 94-696 apply only to: (1) security employees of the | 15 | | Department of Juvenile Justice employed by the Department of | 16 | | Corrections before June 1, 2006 (the effective date of Public | 17 | | Act 94-696) and transferred to the Department of Juvenile | 18 | | Justice by Public Act 94-696; and (2) persons employed by the | 19 | | Department of Juvenile Justice on or after June 1, 2006 (the | 20 | | effective date of Public Act 94-696) who are required by | 21 | | subsection (b) of Section 3-2.5-15 of the Unified Code of | 22 | | Corrections to have any bachelor's or advanced degree from an | 23 | | accredited college or university or, in the case of persons | 24 | | who provide vocational training, who are required to have | 25 | | adequate knowledge in the skill for which they are providing | 26 | | the vocational training.
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| 1 | | (n) A person employed in a position under subsection (b) | 2 | | of this Section who has purchased service credit under | 3 | | subsection (j) of Section 14-104 or subsection (b) of Section | 4 | | 14-105 in any other capacity under this Article may convert up | 5 | | to 5 years of that service credit into service credit covered | 6 | | under this Section by paying to the Fund an amount equal to (1) | 7 | | the additional employee contribution required under Section | 8 | | 14-133, plus (2) the additional employer contribution required | 9 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 10 | | the actuarially assumed rate from the date of the service to | 11 | | the date of payment. | 12 | | (o) Subject to the limitation in subsection (i), a | 13 | | conservation police officer, investigator for the Secretary of | 14 | | State, Commerce Commission police officer, investigator for | 15 | | the Department of Revenue or the
Illinois Gaming Board, or | 16 | | arson investigator subject to subsection (g) of Section 1-160 | 17 | | may elect to convert up to 8 years of service credit | 18 | | established before January 1, 2020 (the effective date of | 19 | | Public Act 101-610) as a conservation police officer, | 20 | | investigator for the Secretary of State, Commerce Commission | 21 | | police officer, investigator for the Department of Revenue or | 22 | | the
Illinois Gaming Board, or arson investigator under this | 23 | | Article into eligible creditable service by filing a written | 24 | | election with the Board no later than one year after January 1, | 25 | | 2020 (the effective date of Public Act 101-610), accompanied | 26 | | by payment of an amount to be determined by the Board equal to |
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| 1 | | (i) the difference between the amount of the employee | 2 | | contributions actually paid for that service and the amount of | 3 | | the employee contributions that would have been paid had the | 4 | | employee contributions been made as a noncovered employee | 5 | | serving in a position in which eligible creditable service, as | 6 | | defined in this Section, may be earned, 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 | | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | 10 | | 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
| 11 | | (Text of Section from P.A. 102-956) | 12 | | Sec. 14-110. Alternative retirement annuity.
| 13 | | (a) Any member who has withdrawn from service with not | 14 | | less than 20
years of eligible creditable service and has | 15 | | attained age 55, and any
member who has withdrawn from service | 16 | | with not less than 25 years of
eligible creditable service and | 17 | | has attained age 50, regardless of whether
the attainment of | 18 | | either of the specified ages occurs while the member is
still | 19 | | in service, shall be entitled to receive at the option of the | 20 | | member,
in lieu of the regular or minimum retirement annuity, | 21 | | a retirement annuity
computed as follows:
| 22 | | (i) for periods of service as a noncovered employee:
| 23 | | if retirement occurs on or after January 1, 2001, 3% of | 24 | | final
average compensation for each year of creditable | 25 | | service; if retirement occurs
before January 1, 2001, 2 |
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| 1 | | 1/4% of final average compensation for each of the
first | 2 | | 10 years of creditable service, 2 1/2% for each year above | 3 | | 10 years to
and including 20 years of creditable service, | 4 | | and 2 3/4% for each year of
creditable service above 20 | 5 | | years; and
| 6 | | (ii) for periods of eligible creditable service as a | 7 | | covered employee:
if retirement occurs on or after January | 8 | | 1, 2001, 2.5% of final average
compensation for each year | 9 | | of creditable service; if retirement occurs before
January | 10 | | 1, 2001, 1.67% of final average compensation for each of | 11 | | the first
10 years of such service, 1.90% for each of the | 12 | | next 10 years of such service,
2.10% for each year of such | 13 | | service in excess of 20 but not exceeding 30, and
2.30% for | 14 | | each year in excess of 30.
| 15 | | Such annuity shall be subject to a maximum of 75% of final | 16 | | average
compensation if retirement occurs before January 1, | 17 | | 2001 or to a maximum
of 80% of final average compensation if | 18 | | retirement occurs on or after January
1, 2001.
| 19 | | These rates shall not be applicable to any service | 20 | | performed
by a member as a covered employee which is not | 21 | | eligible creditable service.
Service as a covered employee | 22 | | which is not eligible creditable service
shall be subject to | 23 | | the rates and provisions of Section 14-108.
| 24 | | (a-5) A member who is eligible to receive an alternative | 25 | | retirement annuity under this Section may elect to receive an | 26 | | estimated payment that shall commence no later than 30 days |
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| 1 | | after the later of either the member's last day of employment | 2 | | or 30 days after the member files for the retirement benefit | 3 | | with the System. The estimated payment shall be the best | 4 | | estimate by the System of the total monthly amount due to the | 5 | | member based on the information that the System possesses at | 6 | | the time of the estimate. If the amount of the estimate is | 7 | | greater or less than the actual amount of the monthly annuity, | 8 | | the System shall pay or recover the difference within 6 months | 9 | | after the start of the monthly annuity. | 10 | | (b) For the purpose of this Section, "eligible creditable | 11 | | service" means
creditable service resulting from service in | 12 | | one or more of the following
positions:
| 13 | | (1) State policeman;
| 14 | | (2) fire fighter in the fire protection service of a | 15 | | department;
| 16 | | (3) air pilot;
| 17 | | (4) special agent;
| 18 | | (5) investigator for the Secretary of State;
| 19 | | (6) conservation police officer;
| 20 | | (7) investigator for the Department of Revenue or the | 21 | | Illinois Gaming Board;
| 22 | | (8) security employee of the Department of Human | 23 | | Services;
| 24 | | (9) Central Management Services security police | 25 | | officer;
| 26 | | (10) security employee of the Department of |
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| 1 | | Corrections or the Department of Juvenile Justice;
| 2 | | (11) dangerous drugs investigator;
| 3 | | (12) investigator for the Illinois State Police;
| 4 | | (13) investigator for the Office of the Attorney | 5 | | General;
| 6 | | (14) controlled substance inspector;
| 7 | | (15) investigator for the Office of the State's | 8 | | Attorneys Appellate
Prosecutor;
| 9 | | (16) Commerce Commission police officer;
| 10 | | (17) arson investigator;
| 11 | | (18) State highway maintenance worker;
| 12 | | (19) security employee of the Department of Innovation | 13 | | and Technology; or | 14 | | (20) transferred employee. | 15 | | A person employed in one of the positions specified in | 16 | | this subsection is
entitled to eligible creditable service for | 17 | | service credit earned under this
Article while undergoing the | 18 | | basic police training course approved by the
Illinois Law | 19 | | Enforcement Training
Standards Board, if
completion of that | 20 | | training is required of persons serving in that position.
For | 21 | | the purposes of this Code, service during the required basic | 22 | | police
training course shall be deemed performance of the | 23 | | duties of the specified
position, even though the person is | 24 | | not a sworn peace officer at the time of
the training.
| 25 | | A person under paragraph (20) is entitled to eligible | 26 | | creditable service for service credit earned under this |
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| 1 | | Article on and after his or her transfer by Executive Order No. | 2 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 3 | | 2016-1. | 4 | | (c) For the purposes of this Section:
| 5 | | (1) The term "State policeman" includes any title or | 6 | | position
in the Illinois State Police that is held by an | 7 | | individual employed
under the Illinois State Police Act.
| 8 | | (2) The term "fire fighter in the fire protection | 9 | | service of a
department" includes all officers in such | 10 | | fire protection service
including fire chiefs and | 11 | | assistant fire chiefs.
| 12 | | (3) The term "air pilot" includes any employee whose | 13 | | official job
description on file in the Department of | 14 | | Central Management Services, or
in the department by which | 15 | | he is employed if that department is not covered
by the | 16 | | Personnel Code, states that his principal duty is the | 17 | | operation of
aircraft, and who possesses a pilot's | 18 | | license; however, the change in this
definition made by | 19 | | Public Act 83-842 shall not operate to exclude
any | 20 | | noncovered employee who was an "air pilot" for the | 21 | | purposes of this
Section on January 1, 1984.
| 22 | | (4) The term "special agent" means any person who by | 23 | | reason of
employment by the Division of Narcotic Control, | 24 | | the Bureau of Investigation
or, after July 1, 1977, the | 25 | | Division of Criminal Investigation, the
Division of | 26 | | Internal Investigation, the Division of Operations, the |
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| 1 | | Division of Patrol Operations, or any
other Division or | 2 | | organizational
entity in the Illinois State Police is | 3 | | vested by law with duties to
maintain public order, | 4 | | investigate violations of the criminal law of this
State, | 5 | | enforce the laws of this State, make arrests and recover | 6 | | property.
The term "special agent" includes any title or | 7 | | position in the Illinois State Police that is held by an | 8 | | individual employed under the Illinois State
Police Act.
| 9 | | (5) The term "investigator for the Secretary of State" | 10 | | means any person
employed by the Office of the Secretary | 11 | | of State and vested with such
investigative duties as | 12 | | render him ineligible for coverage under the Social
| 13 | | Security Act by reason of Sections 218(d)(5)(A), | 14 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 15 | | A person who became employed as an investigator for | 16 | | the Secretary of
State between January 1, 1967 and | 17 | | December 31, 1975, and who has served as
such until | 18 | | attainment of age 60, either continuously or with a single | 19 | | break
in service of not more than 3 years duration, which | 20 | | break terminated before
January 1, 1976, shall be entitled | 21 | | to have his retirement annuity
calculated in accordance | 22 | | with subsection (a), notwithstanding
that he has less than | 23 | | 20 years of credit for such service.
| 24 | | (6) The term "Conservation Police Officer" means any | 25 | | person employed
by the Division of Law Enforcement of the | 26 | | Department of Natural Resources and
vested with such law |
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| 1 | | enforcement duties as render him ineligible for coverage
| 2 | | under the Social Security Act by reason of Sections | 3 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 4 | | term "Conservation Police Officer" includes
the positions | 5 | | of Chief Conservation Police Administrator and Assistant
| 6 | | Conservation Police Administrator.
| 7 | | (7) The term "investigator for the Department of | 8 | | Revenue" means any
person employed by the Department of | 9 | | Revenue and vested with such
investigative duties as | 10 | | render him ineligible for coverage under the Social
| 11 | | Security Act by reason of Sections 218(d)(5)(A), | 12 | | 218(d)(8)(D) and 218(l)(1)
of that Act.
| 13 | | The term "investigator for the Illinois Gaming Board" | 14 | | means any
person employed as such by the Illinois Gaming | 15 | | Board and vested with such
peace officer duties as render | 16 | | the person ineligible for coverage under the Social
| 17 | | Security Act by reason of Sections 218(d)(5)(A), | 18 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 19 | | (8) The term "security employee of the Department of | 20 | | Human Services"
means any person employed by the | 21 | | Department of Human Services who (i) is
employed at the | 22 | | Chester Mental Health Center and has daily contact with | 23 | | the
residents thereof, (ii) is employed within a security | 24 | | unit at a facility
operated by the Department and has | 25 | | daily contact with the residents of the
security unit, | 26 | | (iii) is employed at a facility operated by the Department
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| 1 | | that includes a security unit and is regularly scheduled | 2 | | to work at least
50% of his or her working hours within | 3 | | that security unit, or (iv) is a mental health police | 4 | | officer.
"Mental health police officer" means any person | 5 | | employed by the Department of
Human Services in a position | 6 | | pertaining to the Department's mental health and
| 7 | | developmental disabilities functions who is vested with | 8 | | such law enforcement
duties as render the person | 9 | | ineligible for coverage under the Social Security
Act by | 10 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 11 | | 218(l)(1) of that
Act. "Security unit" means that portion | 12 | | of a facility that is devoted to
the care, containment, | 13 | | and treatment of persons committed to the Department of
| 14 | | Human Services as sexually violent persons, persons unfit | 15 | | to stand trial, or
persons not guilty by reason of | 16 | | insanity. With respect to past employment,
references to | 17 | | the Department of Human Services include its predecessor, | 18 | | the
Department of Mental Health and Developmental | 19 | | Disabilities.
| 20 | | The changes made to this subdivision (c)(8) by Public | 21 | | Act 92-14 apply to persons who retire on or after January | 22 | | 1,
2001, notwithstanding Section 1-103.1.
| 23 | | (9) "Central Management Services security police | 24 | | officer" means any
person employed by the Department of | 25 | | Central Management Services who is
vested with such law | 26 | | enforcement duties as render him ineligible for
coverage |
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| 1 | | under the Social Security Act by reason of Sections | 2 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 3 | | (10) For a member who first became an employee under | 4 | | this Article before July 1, 2005, the term "security | 5 | | employee of the Department of Corrections or the | 6 | | Department of Juvenile Justice"
means any employee of the | 7 | | Department of Corrections or the Department of Juvenile | 8 | | Justice or the former
Department of Personnel, and any | 9 | | member or employee of the Prisoner
Review Board, who has | 10 | | daily contact with inmates or youth by working within a
| 11 | | correctional facility or Juvenile facility operated by the | 12 | | Department of Juvenile Justice or who is a parole officer | 13 | | or an employee who has
direct contact with committed | 14 | | persons in the performance of his or her
job duties. For a | 15 | | member who first becomes an employee under this Article on | 16 | | or after July 1, 2005, the term means an employee of the | 17 | | Department of Corrections or the Department of Juvenile | 18 | | Justice who is any of the following: (i) officially | 19 | | headquartered at a correctional facility or Juvenile | 20 | | facility operated by the Department of Juvenile Justice, | 21 | | (ii) a parole officer, (iii) a member of the apprehension | 22 | | unit, (iv) a member of the intelligence unit, (v) a member | 23 | | of the sort team, or (vi) an investigator.
| 24 | | (11) The term "dangerous drugs investigator" means any | 25 | | person who is
employed as such by the Department of Human | 26 | | Services.
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| 1 | | (12) The term "investigator for the Illinois State | 2 | | Police" means
a person employed by the Illinois State | 3 | | Police who is vested under
Section 4 of the Narcotic | 4 | | Control Division Abolition Act with such
law enforcement | 5 | | powers as render him ineligible for coverage under the
| 6 | | Social Security Act by reason of Sections 218(d)(5)(A), | 7 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 8 | | (13) "Investigator for the Office of the Attorney | 9 | | General" means any
person who is employed as such by the | 10 | | Office of the Attorney General and
is vested with such | 11 | | investigative 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. For | 14 | | the period before January 1,
1989, the term includes all | 15 | | persons who were employed as investigators by the
Office | 16 | | of the Attorney General, without regard to social security | 17 | | status.
| 18 | | (14) "Controlled substance inspector" means any person | 19 | | who is employed
as such by the Department of Professional | 20 | | Regulation and is vested with such
law enforcement duties | 21 | | as 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. The term | 24 | | "controlled substance inspector" includes the Program
| 25 | | Executive of Enforcement and the Assistant Program | 26 | | Executive of Enforcement.
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| 1 | | (15) The term "investigator for the Office of the | 2 | | State's Attorneys
Appellate Prosecutor" means a person | 3 | | employed in that capacity on a full-time basis under the | 4 | | authority of Section 7.06 of the State's Attorneys
| 5 | | Appellate Prosecutor's Act.
| 6 | | (16) "Commerce Commission police officer" means any | 7 | | person employed
by the Illinois Commerce Commission who is | 8 | | vested with such law
enforcement duties as render him | 9 | | ineligible for coverage under the Social
Security Act by | 10 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 11 | | 218(l)(1) of that Act.
| 12 | | (17) "Arson investigator" means any person who is | 13 | | employed as such by
the Office of the State Fire Marshal | 14 | | and is vested with such law enforcement
duties as render | 15 | | the person ineligible for coverage under the Social | 16 | | Security
Act by reason of Sections 218(d)(5)(A), | 17 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 18 | | employed as an arson
investigator on January 1, 1995 and | 19 | | is no longer in service but not yet
receiving a retirement | 20 | | annuity may convert his or her creditable service for
| 21 | | employment as an arson investigator into eligible | 22 | | creditable service by paying
to the System the difference | 23 | | between the employee contributions actually paid
for that | 24 | | service and the amounts that would have been contributed | 25 | | if the
applicant were contributing at the rate applicable | 26 | | to persons with the same
social security status earning |
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| 1 | | eligible creditable service on the date of
application.
| 2 | | (18) The term "State highway maintenance worker" means | 3 | | a person who is
either of the following:
| 4 | | (i) A person employed on a full-time basis by the | 5 | | Illinois
Department of Transportation in the position | 6 | | of
highway maintainer,
highway maintenance lead | 7 | | worker,
highway maintenance lead/lead worker,
heavy | 8 | | construction equipment operator,
power shovel | 9 | | operator, or
bridge mechanic; and
whose principal | 10 | | responsibility is to perform, on the roadway, the | 11 | | actual
maintenance necessary to keep the highways that | 12 | | form a part of the State
highway system in serviceable | 13 | | condition for vehicular traffic.
| 14 | | (ii) A person employed on a full-time basis by the | 15 | | Illinois
State Toll Highway Authority in the position | 16 | | of
equipment operator/laborer H-4,
equipment | 17 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 18 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 19 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 20 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 21 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 22 | | painter H-4, or
painter H-6; and
whose principal | 23 | | responsibility is to perform, on the roadway, the | 24 | | actual
maintenance necessary to keep the Authority's | 25 | | tollways in serviceable condition
for vehicular | 26 | | traffic.
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| 1 | | (19) The term "security employee of the Department of | 2 | | Innovation and Technology" means a person who was a | 3 | | security employee of the Department of Corrections or the | 4 | | Department of Juvenile Justice, was transferred to the | 5 | | Department of Innovation and Technology pursuant to | 6 | | Executive Order 2016-01, and continues to perform similar | 7 | | job functions under that Department. | 8 | | (20) "Transferred employee" means an employee who was | 9 | | transferred to the Department of Central Management | 10 | | Services by Executive Order No. 2003-10 or Executive Order | 11 | | No. 2004-2 or transferred to the Department of Innovation | 12 | | and Technology by Executive Order No. 2016-1, or both, and | 13 | | was entitled to eligible creditable service for services | 14 | | immediately preceding the transfer. | 15 | | (d) A security employee of the Department of Corrections | 16 | | or the Department of Juvenile Justice, a security
employee of | 17 | | the Department of Human Services who is not a mental health | 18 | | police
officer, and a security employee of the Department of | 19 | | Innovation and Technology shall not be eligible for the | 20 | | alternative retirement annuity provided
by this Section unless | 21 | | he or she meets the following minimum age and service
| 22 | | requirements at the time of retirement:
| 23 | | (i) 25 years of eligible creditable service and age | 24 | | 55; or
| 25 | | (ii) beginning January 1, 1987, 25 years of eligible | 26 | | creditable service
and age 54, or 24 years of eligible |
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| 1 | | creditable service and age 55; or
| 2 | | (iii) beginning January 1, 1988, 25 years of eligible | 3 | | creditable service
and age 53, or 23 years of eligible | 4 | | creditable service and age 55; or
| 5 | | (iv) beginning January 1, 1989, 25 years of eligible | 6 | | creditable service
and age 52, or 22 years of eligible | 7 | | creditable service and age 55; or
| 8 | | (v) beginning January 1, 1990, 25 years of eligible | 9 | | creditable service
and age 51, or 21 years of eligible | 10 | | creditable service and age 55; or
| 11 | | (vi) beginning January 1, 1991, 25 years of eligible | 12 | | creditable service
and age 50, or 20 years of eligible | 13 | | creditable service and age 55.
| 14 | | Persons who have service credit under Article 16 of this | 15 | | Code for service
as a security employee of the Department of | 16 | | Corrections or the Department of Juvenile Justice, or the | 17 | | Department
of Human Services in a position requiring | 18 | | certification as a teacher may
count such service toward | 19 | | establishing their eligibility under the service
requirements | 20 | | of this Section; but such service may be used only for
| 21 | | establishing such eligibility, and not for the purpose of | 22 | | increasing or
calculating any benefit.
| 23 | | (e) If a member enters military service while working in a | 24 | | position in
which eligible creditable service may be earned, | 25 | | and returns to State
service in the same or another such | 26 | | position, and fulfills in all other
respects the conditions |
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| 1 | | prescribed in this Article for credit for military
service, | 2 | | such military service shall be credited as eligible creditable
| 3 | | service for the purposes of the retirement annuity prescribed | 4 | | in this Section.
| 5 | | (f) For purposes of calculating retirement annuities under | 6 | | this
Section, periods of service rendered after December 31, | 7 | | 1968 and before
October 1, 1975 as a covered employee in the | 8 | | position of special agent,
conservation police officer, mental | 9 | | health police officer, or investigator
for the Secretary of | 10 | | State, shall be deemed to have been service as a
noncovered | 11 | | employee, provided that the employee pays to the System prior | 12 | | to
retirement an amount equal to (1) the difference between | 13 | | the employee
contributions that would have been required for | 14 | | such service as a
noncovered employee, and the amount of | 15 | | employee contributions actually
paid, plus (2) if payment is | 16 | | made after July 31, 1987, regular interest
on the amount | 17 | | specified in item (1) from the date of service to the date
of | 18 | | payment.
| 19 | | For purposes of calculating retirement annuities under | 20 | | this Section,
periods of service rendered after December 31, | 21 | | 1968 and before January 1,
1982 as a covered employee in the | 22 | | position of investigator for the
Department of Revenue shall | 23 | | be deemed to have been service as a noncovered
employee, | 24 | | provided that the employee pays to the System prior to | 25 | | retirement
an amount equal to (1) the difference between the | 26 | | employee contributions
that would have been required for such |
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| 1 | | service as a noncovered employee,
and the amount of employee | 2 | | contributions actually paid, plus (2) if payment
is made after | 3 | | January 1, 1990, regular interest on the amount specified in
| 4 | | item (1) from the date of service to the date of payment.
| 5 | | (g) A State policeman may elect, not later than January 1, | 6 | | 1990, to
establish eligible creditable service for up to 10 | 7 | | years of his service as
a policeman under Article 3, by filing | 8 | | a written election with the Board,
accompanied by payment of | 9 | | an amount to be determined by the Board, equal to
(i) the | 10 | | difference between the amount of employee and employer
| 11 | | contributions transferred to the System under Section 3-110.5, | 12 | | and the
amounts that would have been contributed had such | 13 | | contributions been made
at the rates applicable to State | 14 | | policemen, plus (ii) interest thereon at
the effective rate | 15 | | for each year, compounded annually, from the date of
service | 16 | | to the date of payment.
| 17 | | Subject to the limitation in subsection (i), a State | 18 | | policeman may elect,
not later than July 1, 1993, to establish | 19 | | eligible creditable service for
up to 10 years of his service | 20 | | as a member of the County Police Department
under Article 9, by | 21 | | filing a written election with the Board, accompanied
by | 22 | | payment of an amount to be determined by the Board, equal to | 23 | | (i) the
difference between the amount of employee and employer | 24 | | contributions
transferred to the System under Section 9-121.10 | 25 | | and the amounts that would
have been contributed had those | 26 | | contributions been made at the rates
applicable to State |
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| 1 | | policemen, plus (ii) interest thereon at the effective
rate | 2 | | for each year, compounded annually, from the date of service | 3 | | to the
date of payment.
| 4 | | (h) Subject to the limitation in subsection (i), a State | 5 | | policeman or
investigator for the Secretary of State may elect | 6 | | to establish eligible
creditable service for up to 12 years of | 7 | | his service as a policeman under
Article 5, by filing a written | 8 | | election with the Board on or before January
31, 1992, and | 9 | | paying to the System by January 31, 1994 an amount to be
| 10 | | determined by the Board, equal to (i) the difference between | 11 | | the amount of
employee and employer contributions transferred | 12 | | to the System under Section
5-236, and the amounts that would | 13 | | have been contributed had such
contributions been made at the | 14 | | rates applicable to State policemen, plus
(ii) interest | 15 | | thereon at the effective rate for each year, compounded
| 16 | | annually, from the date of service to the date of payment.
| 17 | | Subject to the limitation in subsection (i), a State | 18 | | policeman,
conservation police officer, or investigator for | 19 | | the Secretary of State may
elect to establish eligible | 20 | | creditable service for up to 10 years of
service as a sheriff's | 21 | | law enforcement employee under Article 7, by filing
a written | 22 | | election with the Board on or before January 31, 1993, and | 23 | | paying
to the System by January 31, 1994 an amount to be | 24 | | determined by the Board,
equal to (i) the difference between | 25 | | the amount of employee and
employer contributions transferred | 26 | | to the System under Section
7-139.7, and the amounts that |
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| 1 | | would have been contributed had such
contributions been made | 2 | | at the rates applicable to State policemen, plus
(ii) interest | 3 | | thereon at the effective rate for each year, compounded
| 4 | | annually, from the date of service to the date of payment.
| 5 | | Subject to the limitation in subsection (i), a State | 6 | | policeman,
conservation police officer, or investigator for | 7 | | the Secretary of State may
elect to establish eligible | 8 | | creditable service for up to 5 years of
service as a police | 9 | | officer under Article 3, a policeman under Article 5, a | 10 | | sheriff's law enforcement employee under Article 7, a member | 11 | | of the county police department under Article 9, or a police | 12 | | officer under Article 15 by filing
a written election with the | 13 | | Board and paying
to the System an amount to be determined by | 14 | | the Board,
equal to (i) the difference between the amount of | 15 | | employee and
employer contributions transferred to the System | 16 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 17 | | and the amounts that would have been contributed had such
| 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 | | Subject to the limitation in subsection (i), an | 23 | | investigator for the Office of the Attorney General, or an | 24 | | investigator for the Department of Revenue, may elect to | 25 | | establish eligible creditable service for up to 5 years of | 26 | | service as a police officer under Article 3, a policeman under |
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| 1 | | Article 5, a sheriff's law enforcement employee under Article | 2 | | 7, or a member of the county police department under Article 9 | 3 | | by filing a written election with the Board within 6 months | 4 | | after August 25, 2009 (the effective date of Public Act | 5 | | 96-745) 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, or 9-121.10 and the | 9 | | 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 actuarially | 12 | | assumed rate for each year, compounded annually, from the date | 13 | | of service to the date of payment. | 14 | | Subject to the limitation in subsection (i), a State | 15 | | policeman, conservation police officer, investigator for the | 16 | | Office of the Attorney General, an investigator for the | 17 | | Department of Revenue, or investigator for the Secretary of | 18 | | State may elect to establish eligible creditable service for | 19 | | up to 5 years of service as a person employed by a | 20 | | participating municipality to perform police duties, or law | 21 | | enforcement officer employed on a full-time basis by a forest | 22 | | preserve district under Article 7, a county corrections | 23 | | officer, or a court services officer under Article 9, by | 24 | | filing a written election with the Board within 6 months after | 25 | | August 25, 2009 (the effective date of Public Act 96-745) and | 26 | | paying to the System an amount to be determined by the Board, |
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| 1 | | equal to (i) the difference between the amount of employee and | 2 | | employer contributions transferred to the System under | 3 | | Sections 7-139.8 and 9-121.10 and the amounts that would have | 4 | | been contributed had such contributions been made at the rates | 5 | | applicable to State policemen, plus (ii) interest thereon at | 6 | | the actuarially assumed rate for each year, compounded | 7 | | annually, from the date of service to the date of payment. | 8 | | Subject to the limitation in subsection (i), a State | 9 | | policeman, arson
investigator, or Commerce Commission police | 10 | | officer 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 under | 13 | | Article 7, a county corrections officer, a court services | 14 | | officer under Article 9, or a firefighter
under Article 4 by | 15 | | filing a written election with the Board within 6 months after | 16 | | July 30, 2021 (the effective date of Public Act 102-210) and | 17 | | paying to the System an amount to be determined by the Board | 18 | | equal to (i) the difference between the amount of employee and | 19 | | employer contributions transferred to the System under | 20 | | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | 21 | | would have been contributed had such contributions been made | 22 | | at the rates applicable to State policemen, plus (ii) interest | 23 | | thereon at the actuarially assumed rate for each year, | 24 | | compounded annually, from the date of service to the date of | 25 | | payment. | 26 | | Subject to the limitation in subsection (i), a |
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| 1 | | conservation police officer may elect to establish eligible | 2 | | creditable service for up to 5 years of service as a person | 3 | | employed by a participating municipality to perform police | 4 | | duties under Article 7, a county corrections officer, or a | 5 | | court services officer under Article 9 by filing a written | 6 | | election with the Board within 6 months after July 30, 2021 | 7 | | (the effective date of Public Act 102-210) and paying to the | 8 | | System an amount to be determined by the Board equal to (i) the | 9 | | difference between the amount of employee and employer | 10 | | contributions transferred to the System under Sections 7-139.8 | 11 | | and 9-121.10 and the amounts that would have been contributed | 12 | | had such contributions been made at the rates applicable to | 13 | | State policemen, plus (ii) interest thereon at the actuarially | 14 | | assumed rate for each year, compounded annually, from the date | 15 | | of service to the date of payment. | 16 | | Notwithstanding the limitation in subsection (i), a State | 17 | | policeman or conservation police officer may elect to convert | 18 | | service credit earned under this Article to eligible | 19 | | creditable service, as defined by this Section, by filing a | 20 | | written election with the board within 6 months after July 30, | 21 | | 2021 (the effective date of Public Act 102-210) and paying to | 22 | | the System an amount to be determined by the Board equal to (i) | 23 | | the difference between the amount of employee contributions | 24 | | originally paid for that service and the amounts that would | 25 | | have been contributed had such contributions been made at the | 26 | | rates applicable to State policemen, plus (ii) the difference |
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| 1 | | between the employer's normal cost of the credit prior to the | 2 | | conversion authorized by Public Act 102-210 and the employer's | 3 | | normal cost of the credit converted in accordance with Public | 4 | | Act 102-210, plus (iii) interest thereon at the actuarially | 5 | | assumed rate for each year, compounded annually, from the date | 6 | | of service to the date of payment. | 7 | | (i) The total amount of eligible creditable service | 8 | | established by any
person under subsections (g), (h), (j), | 9 | | (k), (l), (l-5), (o), and (p) of this
Section shall not exceed | 10 | | 12 years.
| 11 | | (j) Subject to the limitation in subsection (i), an | 12 | | investigator for
the Office of the State's Attorneys Appellate | 13 | | Prosecutor or a controlled
substance inspector may elect to
| 14 | | establish eligible creditable service for up to 10 years of | 15 | | his service as
a policeman under Article 3 or a sheriff's law | 16 | | enforcement employee under
Article 7, by filing a written | 17 | | election with the Board, accompanied by
payment of an amount | 18 | | to be determined by the Board, equal to (1) the
difference | 19 | | between the amount of employee and employer contributions
| 20 | | transferred to the System under Section 3-110.6 or 7-139.8, | 21 | | and the amounts
that would have been contributed had such | 22 | | contributions been made at the
rates applicable to State | 23 | | policemen, plus (2) interest thereon at the
effective rate for | 24 | | each year, compounded annually, from the date of service
to | 25 | | the date of payment.
| 26 | | (k) Subject to the limitation in subsection (i) of this |
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| 1 | | Section, an
alternative formula employee may elect to | 2 | | establish eligible creditable
service for periods spent as a | 3 | | full-time law enforcement officer or full-time
corrections | 4 | | officer employed by the federal government or by a state or | 5 | | local
government located outside of Illinois, for which credit | 6 | | is not held in any
other public employee pension fund or | 7 | | retirement system. To obtain this
credit, the applicant must | 8 | | file a written application with the Board by March
31, 1998, | 9 | | accompanied by evidence of eligibility acceptable to the Board | 10 | | and
payment of an amount to be determined by the Board, equal | 11 | | to (1) employee
contributions for the credit being | 12 | | established, based upon the applicant's
salary on the first | 13 | | day as an alternative formula employee after the employment
| 14 | | for which credit is being established and the rates then | 15 | | applicable to
alternative formula employees, plus (2) an | 16 | | amount determined by the Board
to be the employer's normal | 17 | | cost of the benefits accrued for the credit being
established, | 18 | | plus (3) regular interest on the amounts in items (1) and (2) | 19 | | from
the first day as an alternative formula employee after | 20 | | the employment for which
credit is being established to the | 21 | | date of payment.
| 22 | | (l) Subject to the limitation in subsection (i), a | 23 | | security employee of
the Department of Corrections may elect, | 24 | | not later than July 1, 1998, to
establish eligible creditable | 25 | | service for up to 10 years of his or her service
as a policeman | 26 | | under Article 3, by filing a written election with the Board,
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| 1 | | accompanied by payment of an amount to be determined by the | 2 | | Board, equal to
(i) the difference between the amount of | 3 | | employee and employer contributions
transferred to the System | 4 | | under Section 3-110.5, and the amounts that would
have been | 5 | | contributed had such contributions been made at the rates | 6 | | applicable
to security employees of the Department of | 7 | | Corrections, plus (ii) interest
thereon at the effective rate | 8 | | for each year, compounded annually, from the date
of service | 9 | | to the date of payment.
| 10 | | (l-5) Subject to the limitation in subsection (i) of this | 11 | | Section, a State policeman may elect to establish eligible | 12 | | creditable service for up to 5 years of service as a full-time | 13 | | law enforcement officer employed by the federal government or | 14 | | by a state or local government located outside of Illinois for | 15 | | which credit is not held in any other public employee pension | 16 | | fund or retirement system. To obtain this credit, the | 17 | | applicant must file a written application with the Board no | 18 | | later than 3 years after January 1, 2020 (the effective date of | 19 | | Public Act 101-610), accompanied by evidence of eligibility | 20 | | acceptable to the Board and payment of an amount to be | 21 | | determined by the Board, equal to (1) employee contributions | 22 | | for the credit being established, based upon the applicant's | 23 | | salary on the first day as an alternative formula employee | 24 | | after the employment for which credit is being established and | 25 | | the rates then applicable to alternative formula employees, | 26 | | plus (2) an amount determined by the Board to be the employer's |
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| 1 | | normal cost of the benefits accrued for the credit being | 2 | | established, plus (3) regular interest on the amounts in items | 3 | | (1) and (2) from the first day as an alternative formula | 4 | | employee after the employment for which credit is being | 5 | | established to the date of payment. | 6 | | (m) The amendatory changes to this Section made by Public | 7 | | Act 94-696 apply only to: (1) security employees of the | 8 | | Department of Juvenile Justice employed by the Department of | 9 | | Corrections before June 1, 2006 (the effective date of Public | 10 | | Act 94-696) and transferred to the Department of Juvenile | 11 | | Justice by Public Act 94-696; and (2) persons employed by the | 12 | | Department of Juvenile Justice on or after June 1, 2006 (the | 13 | | effective date of Public Act 94-696) who are required by | 14 | | subsection (b) of Section 3-2.5-15 of the Unified Code of | 15 | | Corrections to have any bachelor's or advanced degree from an | 16 | | accredited college or university or, in the case of persons | 17 | | who provide vocational training, who are required to have | 18 | | adequate knowledge in the skill for which they are providing | 19 | | the vocational training.
| 20 | | (n) A person employed in a position under subsection (b) | 21 | | of this Section who has purchased service credit under | 22 | | subsection (j) of Section 14-104 or subsection (b) of Section | 23 | | 14-105 in any other capacity under this Article may convert up | 24 | | to 5 years of that service credit into service credit covered | 25 | | under this Section by paying to the Fund an amount equal to (1) | 26 | | the additional employee contribution required under Section |
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| 1 | | 14-133, plus (2) the additional employer contribution required | 2 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 3 | | the actuarially assumed rate from the date of the service to | 4 | | the date of payment. | 5 | | (o) Subject to the limitation in subsection (i), a | 6 | | conservation police officer, investigator for the Secretary of | 7 | | State, Commerce Commission police officer, investigator for | 8 | | the Department of Revenue or the
Illinois Gaming Board, or | 9 | | arson investigator subject to subsection (g) of Section 1-160 | 10 | | may elect to convert up to 8 years of service credit | 11 | | established before January 1, 2020 (the effective date of | 12 | | Public Act 101-610) as a conservation police officer, | 13 | | investigator for the Secretary of State, Commerce Commission | 14 | | police officer, investigator for the Department of Revenue or | 15 | | the
Illinois Gaming Board, or arson investigator under this | 16 | | Article into eligible creditable service by filing a written | 17 | | election with the Board no later than one year after January 1, | 18 | | 2020 (the effective date of Public Act 101-610), accompanied | 19 | | by payment of an amount to be determined by the Board equal to | 20 | | (i) the difference between the amount of the employee | 21 | | contributions actually paid for that service and the amount of | 22 | | the employee contributions that would have been paid had the | 23 | | employee contributions been made as a noncovered employee | 24 | | serving in a position in which eligible creditable service, as | 25 | | defined in this Section, may be earned, plus (ii) interest | 26 | | thereon at the effective rate for each year, compounded |
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| 1 | | annually, from the date of service to the date of payment. | 2 | | (p) Subject to the limitation in subsection (i), an | 3 | | investigator for the Office of the Attorney General subject to | 4 | | subsection (g) of Section 1-160 may elect to convert up to 8 | 5 | | years of service credit established before the effective date | 6 | | of this amendatory Act of the 102nd General Assembly as an | 7 | | investigator for the Office of the Attorney General under this | 8 | | Article into eligible creditable service by filing a written | 9 | | election with the Board no later than one year after the | 10 | | effective date of this amendatory Act of the 102nd General | 11 | | Assembly, accompanied by payment of an amount to be determined | 12 | | by the Board equal to (i) the difference between the amount of | 13 | | the employee contributions actually paid for that service and | 14 | | the amount of the employee contributions that would have been | 15 | | paid had the employee contributions been made as a noncovered | 16 | | employee serving in a position in which eligible creditable | 17 | | service, as defined in this Section, may be earned, plus (ii) | 18 | | interest thereon at the effective rate for each year, | 19 | | compounded annually, from the date of service to the date of | 20 | | payment. | 21 | | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | 22 | | 102-538, eff. 8-20-21; 102-956, eff. 5-27-22 .)
| 23 | | (40 ILCS 5/14-152.1) | 24 | | Sec. 14-152.1. Application and expiration of new benefit | 25 | | increases. |
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| 1 | | (a) As used in this Section, "new benefit increase" means | 2 | | an increase in the amount of any benefit provided under this | 3 | | Article, or an expansion of the conditions of eligibility for | 4 | | any benefit under this Article, that results from an amendment | 5 | | to this Code that takes effect after June 1, 2005 (the | 6 | | effective date of Public Act 94-4). "New benefit increase", | 7 | | however, does not include any benefit increase resulting from | 8 | | the changes made to Article 1 or this Article by Public Act | 9 | | 96-37, Public Act 100-23, Public Act 100-587, Public Act | 10 | | 100-611, Public Act 101-10, Public Act 101-610, Public Act | 11 | | 102-210, Public Act 102-856, Public Act 102-956, or this | 12 | | amendatory Act of the 103rd General Assembly this amendatory | 13 | | Act of the 102nd General Assembly .
| 14 | | (b) Notwithstanding any other provision of this Code or | 15 | | any subsequent amendment to this Code, every new benefit | 16 | | increase is subject to this Section and shall be deemed to be | 17 | | granted only in conformance with and contingent upon | 18 | | compliance with the provisions of this Section.
| 19 | | (c) The Public Act enacting a new benefit increase must | 20 | | identify and provide for payment to the System of additional | 21 | | funding at least sufficient to fund the resulting annual | 22 | | increase in cost to the System as it accrues. | 23 | | Every new benefit increase is contingent upon the General | 24 | | Assembly providing the additional funding required under this | 25 | | subsection. The Commission on Government Forecasting and | 26 | | Accountability shall analyze whether adequate additional |
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| 1 | | funding has been provided for the new benefit increase and | 2 | | shall report its analysis to the Public Pension Division of | 3 | | the Department of Insurance. A new benefit increase created by | 4 | | a Public Act that does not include the additional funding | 5 | | required under this subsection is null and void. If the Public | 6 | | Pension Division determines that the additional funding | 7 | | provided for a new benefit increase under this subsection is | 8 | | or has become inadequate, it may so certify to the Governor and | 9 | | the State Comptroller and, in the absence of corrective action | 10 | | by the General Assembly, the new benefit increase shall expire | 11 | | at the end of the fiscal year in which the certification is | 12 | | made.
| 13 | | (d) Every new benefit increase shall expire 5 years after | 14 | | its effective date or on such earlier date as may be specified | 15 | | in the language enacting the new benefit increase or provided | 16 | | under subsection (c). This does not prevent the General | 17 | | Assembly from extending or re-creating a new benefit increase | 18 | | by law. | 19 | | (e) Except as otherwise provided in the language creating | 20 | | the new benefit increase, a new benefit increase that expires | 21 | | under this Section continues to apply to persons who applied | 22 | | and qualified for the affected benefit while the new benefit | 23 | | increase was in effect and to the affected beneficiaries and | 24 | | alternate payees of such persons, but does not apply to any | 25 | | other person, including, without limitation, a person who | 26 | | continues in service after the expiration date and did not |
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| 1 | | apply and qualify for the affected benefit while the new | 2 | | benefit increase was in effect.
| 3 | | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | 4 | | 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff. | 5 | | 1-1-23; 102-956, eff. 5-27-22 .)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
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