Full Text of SB2467 101st General Assembly
SB2467 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2467 Introduced 1/19/2020, by Sen. Paul Schimpf SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/1-160 | | 40 ILCS 5/14-110 | from Ch. 108 1/2, par. 14-110 | 40 ILCS 5/14-152.1 | |
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Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that the alternative retirement annuity under the State Employee Article applies to a security employee of the Department of Human Services subject to the Tier 2 provisions. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 8 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services under the State Employee Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | SB2467 | | LRB101 16785 RPS 66178 b |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Sections 1-160, 14-110, and 14-152.1 as follows:
| 6 | | (40 ILCS 5/1-160)
| 7 | | Sec. 1-160. Provisions applicable to new hires. | 8 | | (a) The provisions of this Section apply to a person who, | 9 | | on or after January 1, 2011, first becomes a member or a | 10 | | participant under any reciprocal retirement system or pension | 11 | | fund established under this Code, other than a retirement | 12 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 13 | | 15 or 18 of this Code, notwithstanding any other provision of | 14 | | this Code to the contrary, but do not apply to any self-managed | 15 | | plan established under this Code, to any person with respect to | 16 | | service as a sheriff's law enforcement employee under Article | 17 | | 7, or to any participant of the retirement plan established | 18 | | under Section 22-101. Notwithstanding anything to the contrary | 19 | | in this Section, for purposes of this Section, a person who | 20 | | participated in a retirement system under Article 15 prior to | 21 | | January 1, 2011 shall be deemed a person who first became a | 22 | | member or participant prior to January 1, 2011 under any | 23 | | retirement system or pension fund subject to this Section. The |
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| 1 | | changes made to this Section by Public Act 98-596 are a | 2 | | clarification of existing law and are intended to be | 3 | | retroactive to January 1, 2011 (the effective date of Public | 4 | | Act 96-889), notwithstanding the provisions of Section 1-103.1 | 5 | | of this Code. | 6 | | This Section does not apply to a person who first becomes a | 7 | | noncovered employee under Article 14 on or after the | 8 | | implementation date of the plan created under Section 1-161 for | 9 | | that Article, unless that person elects under subsection (b) of | 10 | | Section 1-161 to instead receive the benefits provided under | 11 | | this Section and the applicable provisions of that Article. | 12 | | This Section does not apply to a person who first becomes a | 13 | | member or participant under Article 16 on or after the | 14 | | implementation date of the plan created under Section 1-161 for | 15 | | that Article, unless that person elects under subsection (b) of | 16 | | Section 1-161 to instead receive the benefits provided under | 17 | | this Section and the applicable provisions of that Article. | 18 | | This Section does not apply to a person who elects under | 19 | | subsection (c-5) of Section 1-161 to receive the benefits under | 20 | | Section 1-161. | 21 | | This Section does not apply to a person who first becomes a | 22 | | member or participant of an affected pension fund on or after 6 | 23 | | months after the resolution or ordinance date, as defined in | 24 | | Section 1-162, unless that person elects under subsection (c) | 25 | | of Section 1-162 to receive the benefits provided under this | 26 | | Section and the applicable provisions of the Article under |
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| 1 | | which he or she is a member or participant. | 2 | | (b) "Final average salary" means the average monthly (or | 3 | | annual) salary obtained by dividing the total salary or | 4 | | earnings calculated under the Article applicable to the member | 5 | | or participant during the 96 consecutive months (or 8 | 6 | | consecutive years) of service within the last 120 months (or 10 | 7 | | years) of service in which the total salary or earnings | 8 | | calculated under the applicable Article was the highest by the | 9 | | number of months (or years) of service in that period. For the | 10 | | purposes of a person who first becomes a member or participant | 11 | | of any retirement system or pension fund to which this Section | 12 | | applies on or after January 1, 2011, in this Code, "final | 13 | | average salary" shall be substituted for the following: | 14 | | (1) In Article 7 (except for service as sheriff's law | 15 | | enforcement employees), "final rate of earnings". | 16 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 17 | | annual salary for any 4 consecutive years within the last | 18 | | 10 years of service immediately preceding the date of | 19 | | withdrawal". | 20 | | (3) In Article 13, "average final salary". | 21 | | (4) In Article 14, "final average compensation". | 22 | | (5) In Article 17, "average salary". | 23 | | (6) In Section 22-207, "wages or salary received by him | 24 | | at the date of retirement or discharge". | 25 | | (b-5) Beginning on January 1, 2011, for all purposes under | 26 | | this Code (including without limitation the calculation of |
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| 1 | | benefits and employee contributions), the annual earnings, | 2 | | salary, or wages (based on the plan year) of a member or | 3 | | participant to whom this Section applies shall not exceed | 4 | | $106,800; however, that amount shall annually thereafter be | 5 | | increased by the lesser of (i) 3% of that amount, including all | 6 | | previous adjustments, or (ii) one-half the annual unadjusted | 7 | | percentage increase (but not less than zero) in the consumer | 8 | | price index-u
for the 12 months ending with the September | 9 | | preceding each November 1, including all previous adjustments. | 10 | | For the purposes of this Section, "consumer price index-u" | 11 | | means
the index published by the Bureau of Labor Statistics of | 12 | | the United States
Department of Labor that measures the average | 13 | | change in prices of goods and
services purchased by all urban | 14 | | consumers, United States city average, all
items, 1982-84 = | 15 | | 100. The new amount resulting from each annual adjustment
shall | 16 | | be determined by the Public Pension Division of the Department | 17 | | of Insurance and made available to the boards of the retirement | 18 | | systems and pension funds by November 1 of each year. | 19 | | (c) A member or participant is entitled to a retirement
| 20 | | annuity upon written application if he or she has attained age | 21 | | 67 (beginning January 1, 2015, age 65 with respect to service | 22 | | under Article 12 of this Code that is subject to this Section) | 23 | | and has at least 10 years of service credit and is otherwise | 24 | | eligible under the requirements of the applicable Article. | 25 | | A member or participant who has attained age 62 (beginning | 26 | | January 1, 2015, age 60 with respect to service under Article |
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| 1 | | 12 of this Code that is subject to this Section) and has at | 2 | | least 10 years of service credit and is otherwise eligible | 3 | | under the requirements of the applicable Article may elect to | 4 | | receive the lower retirement annuity provided
in subsection (d) | 5 | | of this Section. | 6 | | (c-5) A person who first becomes a member or a participant | 7 | | subject to this Section on or after July 6, 2017 (the effective | 8 | | date of Public Act 100-23), notwithstanding any other provision | 9 | | of this Code to the contrary, is entitled to a retirement | 10 | | annuity under Article 8 or Article 11 upon written application | 11 | | if he or she has attained age 65 and has at least 10 years of | 12 | | service credit and is otherwise eligible under the requirements | 13 | | of Article 8 or Article 11 of this Code, whichever is | 14 | | applicable. | 15 | | (d) The retirement annuity of a member or participant who | 16 | | is retiring after attaining age 62 (beginning January 1, 2015, | 17 | | age 60 with respect to service under Article 12 of this Code | 18 | | that is subject to this Section) with at least 10 years of | 19 | | service credit shall be reduced by one-half
of 1% for each full | 20 | | month that the member's age is under age 67 (beginning January | 21 | | 1, 2015, age 65 with respect to service under Article 12 of | 22 | | this Code that is subject to this Section). | 23 | | (d-5) The retirement annuity payable under Article 8 or | 24 | | Article 11 to an eligible person subject to subsection (c-5) of | 25 | | this Section who is retiring at age 60 with at least 10 years | 26 | | of service credit shall be reduced by one-half of 1% for each |
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| 1 | | full month that the member's age is under age 65. | 2 | | (d-10) Each person who first became a member or participant | 3 | | under Article 8 or Article 11 of this Code on or after January | 4 | | 1, 2011 and prior to the effective date of this amendatory Act | 5 | | of the 100th General Assembly shall make an irrevocable | 6 | | election either: | 7 | | (i) to be eligible for the reduced retirement age | 8 | | provided in subsections (c-5)
and (d-5) of this Section, | 9 | | the eligibility for which is conditioned upon the member or | 10 | | participant agreeing to the increases in employee | 11 | | contributions for age and service annuities provided in | 12 | | subsection (a-5) of Section 8-174 of this Code (for service | 13 | | under Article 8) or subsection (a-5) of Section 11-170 of | 14 | | this Code (for service under Article 11); or | 15 | | (ii) to not agree to item (i) of this subsection | 16 | | (d-10), in which case the member or participant shall | 17 | | continue to be subject to the retirement age provisions in | 18 | | subsections (c) and (d) of this Section and the employee | 19 | | contributions for age and service annuity as provided in | 20 | | subsection (a) of Section 8-174 of this Code (for service | 21 | | under Article 8) or subsection (a) of Section 11-170 of | 22 | | this Code (for service under Article 11). | 23 | | The election provided for in this subsection shall be made | 24 | | between October 1, 2017 and November 15, 2017. A person subject | 25 | | to this subsection who makes the required election shall remain | 26 | | bound by that election. A person subject to this subsection who |
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| 1 | | fails for any reason to make the required election within the | 2 | | time specified in this subsection shall be deemed to have made | 3 | | the election under item (ii). | 4 | | (e) Any retirement annuity or supplemental annuity shall be | 5 | | subject to annual increases on the January 1 occurring either | 6 | | on or after the attainment of age 67 (beginning January 1, | 7 | | 2015, age 65 with respect to service under Article 12 of this | 8 | | Code that is subject to this Section and beginning on the | 9 | | effective date of this amendatory Act of the 100th General | 10 | | Assembly, age 65 with respect to service under Article 8 or | 11 | | Article 11 for eligible persons who: (i) are subject to | 12 | | subsection (c-5) of this Section; or (ii) made the election | 13 | | under item (i) of subsection (d-10) of this Section) or the | 14 | | first anniversary of the annuity start date, whichever is | 15 | | later. Each annual increase shall be calculated at 3% or | 16 | | one-half the annual unadjusted percentage increase (but not | 17 | | less than zero) in the consumer price index-u for the 12 months | 18 | | ending with the September preceding each November 1, whichever | 19 | | is less, of the originally granted retirement annuity. If the | 20 | | annual unadjusted percentage change in the consumer price | 21 | | index-u for the 12 months ending with the September preceding | 22 | | each November 1 is zero or there is a decrease, then the | 23 | | annuity shall not be increased. | 24 | | For the purposes of Section 1-103.1 of this Code, the | 25 | | changes made to this Section by this amendatory Act of the | 26 | | 100th General Assembly are applicable without regard to whether |
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| 1 | | the employee was in active service on or after the effective | 2 | | date of this amendatory Act of the 100th General Assembly. | 3 | | (f) The initial survivor's or widow's annuity of an | 4 | | otherwise eligible survivor or widow of a retired member or | 5 | | participant who first became a member or participant on or | 6 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 7 | | retired member's or participant's retirement annuity at the | 8 | | date of death. In the case of the death of a member or | 9 | | participant who has not retired and who first became a member | 10 | | or participant on or after January 1, 2011, eligibility for a | 11 | | survivor's or widow's annuity shall be determined by the | 12 | | applicable Article of this Code. The initial benefit shall be | 13 | | 66 2/3% of the earned annuity without a reduction due to age. A | 14 | | child's annuity of an otherwise eligible child shall be in the | 15 | | amount prescribed under each Article if applicable. Any | 16 | | survivor's or widow's annuity shall be increased (1) on each | 17 | | January 1 occurring on or after the commencement of the annuity | 18 | | if
the deceased member died while receiving a retirement | 19 | | annuity or (2) in
other cases, on each January 1 occurring | 20 | | after the first anniversary
of the commencement of the annuity. | 21 | | Each annual increase shall be calculated at 3% or one-half the | 22 | | annual unadjusted percentage increase (but not less than zero) | 23 | | in the consumer price index-u for the 12 months ending with the | 24 | | September preceding each November 1, whichever is less, of the | 25 | | originally granted survivor's annuity. If the annual | 26 | | unadjusted percentage change in the consumer price index-u for |
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| 1 | | the 12 months ending with the September preceding each November | 2 | | 1 is zero or there is a decrease, then the annuity shall not be | 3 | | increased. | 4 | | (g) The benefits in Section 14-110 apply only if the person | 5 | | is a State policeman, a fire fighter in the fire protection | 6 | | service of a department, a conservation police officer, an | 7 | | investigator for the Secretary of State, an arson investigator, | 8 | | a Commerce Commission police officer, investigator for the | 9 | | Department of Revenue or the
Illinois Gaming Board, a security | 10 | | employee of the Department of Corrections or the Department of | 11 | | Juvenile Justice, a security employee of the Department of | 12 | | Human Services, or a security employee of the Department of | 13 | | Innovation and Technology, as those terms are defined in | 14 | | subsection (b) and subsection (c) of Section 14-110. A person | 15 | | who meets the requirements of this Section is entitled to an | 16 | | annuity calculated under the provisions of Section 14-110, in | 17 | | lieu of the regular or minimum retirement annuity, only if the | 18 | | person has withdrawn from service with not less than 20
years | 19 | | of eligible creditable service and has attained age 60, | 20 | | regardless of whether
the attainment of age 60 occurs while the | 21 | | person is
still in service. | 22 | | (h) If a person who first becomes a member or a participant | 23 | | of a retirement system or pension fund subject to this Section | 24 | | on or after January 1, 2011 is receiving a retirement annuity | 25 | | or retirement pension under that system or fund and becomes a | 26 | | member or participant under any other system or fund created by |
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| 1 | | this Code and is employed on a full-time basis, except for | 2 | | those members or participants exempted from the provisions of | 3 | | this Section under subsection (a) of this Section, then the | 4 | | person's retirement annuity or retirement pension under that | 5 | | system or fund shall be suspended during that employment. Upon | 6 | | termination of that employment, the person's retirement | 7 | | annuity or retirement pension payments shall resume and be | 8 | | recalculated if recalculation is provided for under the | 9 | | applicable Article of this Code. | 10 | | If a person who first becomes a member of a retirement | 11 | | system or pension fund subject to this Section on or after | 12 | | January 1, 2012 and is receiving a retirement annuity or | 13 | | retirement pension under that system or fund and accepts on a | 14 | | contractual basis a position to provide services to a | 15 | | governmental entity from which he or she has retired, then that | 16 | | person's annuity or retirement pension earned as an active | 17 | | employee of the employer shall be suspended during that | 18 | | contractual service. A person receiving an annuity or | 19 | | retirement pension under this Code shall notify the pension | 20 | | fund or retirement system from which he or she is receiving an | 21 | | annuity or retirement pension, as well as his or her | 22 | | contractual employer, of his or her retirement status before | 23 | | accepting contractual employment. A person who fails to submit | 24 | | such notification shall be guilty of a Class A misdemeanor and | 25 | | required to pay a fine of $1,000. Upon termination of that | 26 | | contractual employment, the person's retirement annuity or |
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| 1 | | retirement pension payments shall resume and, if appropriate, | 2 | | be recalculated under the applicable provisions of this Code. | 3 | | (i) (Blank). | 4 | | (j) In the case of a conflict between the provisions of | 5 | | this Section and any other provision of this Code, the | 6 | | provisions of this Section shall control.
| 7 | | (Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17; | 8 | | 100-563, eff. 12-8-17; 100-611, eff. 7-20-18; 100-1166, eff. | 9 | | 1-4-19; 101-610, eff. 1-1-20.)
| 10 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 11 | | Sec. 14-110. Alternative retirement annuity.
| 12 | | (a) Any member who has withdrawn from service with not less | 13 | | than 20
years of eligible creditable service and has attained | 14 | | age 55, and any
member who has withdrawn from service with not | 15 | | less than 25 years of
eligible creditable service and has | 16 | | attained age 50, regardless of whether
the attainment of either | 17 | | of the specified ages occurs while the member is
still in | 18 | | service, shall be entitled to receive at the option of the | 19 | | member,
in lieu of the regular or minimum retirement annuity, a | 20 | | retirement annuity
computed as follows:
| 21 | | (i) for periods of service as a noncovered employee:
if | 22 | | retirement occurs on or after January 1, 2001, 3% of final
| 23 | | average compensation for each year of creditable service; | 24 | | if retirement occurs
before January 1, 2001, 2 1/4% of | 25 | | final average compensation for each of the
first 10 years |
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| 1 | | of creditable service, 2 1/2% for each year above 10 years | 2 | | to
and including 20 years of creditable service, and 2 3/4% | 3 | | for each year of
creditable service above 20 years; and
| 4 | | (ii) for periods of eligible creditable service as a | 5 | | covered employee:
if retirement occurs on or after January | 6 | | 1, 2001, 2.5% of final average
compensation for each year | 7 | | of creditable service; if retirement occurs before
January | 8 | | 1, 2001, 1.67% of final average compensation for each of | 9 | | the first
10 years of such service, 1.90% for each of the | 10 | | next 10 years of such service,
2.10% for each year of such | 11 | | service in excess of 20 but not exceeding 30, and
2.30% for | 12 | | each year in excess of 30.
| 13 | | Such annuity shall be subject to a maximum of 75% of final | 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 | | (b) For the purpose of this Section, "eligible creditable | 23 | | service" means
creditable service resulting from service in one | 24 | | or more of the following
positions:
| 25 | | (1) State policeman;
| 26 | | (2) fire fighter in the fire protection service of a |
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| 1 | | department;
| 2 | | (3) air pilot;
| 3 | | (4) special agent;
| 4 | | (5) investigator for the Secretary of State;
| 5 | | (6) conservation police officer;
| 6 | | (7) investigator for the Department of Revenue or the | 7 | | Illinois Gaming Board;
| 8 | | (8) security employee of the Department of Human | 9 | | Services;
| 10 | | (9) Central Management Services security police | 11 | | officer;
| 12 | | (10) security employee of the Department of | 13 | | Corrections or the Department of Juvenile Justice;
| 14 | | (11) dangerous drugs investigator;
| 15 | | (12) investigator for the Department of State Police;
| 16 | | (13) investigator for the Office of the Attorney | 17 | | General;
| 18 | | (14) controlled substance inspector;
| 19 | | (15) investigator for the Office of the State's | 20 | | Attorneys Appellate
Prosecutor;
| 21 | | (16) Commerce Commission police officer;
| 22 | | (17) arson investigator;
| 23 | | (18) State highway maintenance worker;
| 24 | | (19) security employee of the Department of Innovation | 25 | | and Technology; or | 26 | | (20) transferred employee. |
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| 1 | | A person employed in one of the positions specified in this | 2 | | subsection is
entitled to eligible creditable service for | 3 | | service credit earned under this
Article while undergoing the | 4 | | basic police training course approved by the
Illinois Law | 5 | | Enforcement Training
Standards Board, if
completion of that | 6 | | training is required of persons serving in that position.
For | 7 | | the purposes of this Code, service during the required basic | 8 | | police
training course shall be deemed performance of the | 9 | | duties of the specified
position, even though the person is not | 10 | | a sworn peace officer at the time of
the training.
| 11 | | A person under paragraph (20) is entitled to eligible | 12 | | creditable service for service credit earned under this Article | 13 | | on and after his or her transfer by Executive Order No. | 14 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 15 | | 2016-1. | 16 | | (c) For the purposes of this Section:
| 17 | | (1) The term "State policeman" includes any title or | 18 | | position
in the Department of State Police that is held by | 19 | | an individual employed
under the State Police Act.
| 20 | | (2) The term "fire fighter in the fire protection | 21 | | service of a
department" includes all officers in such fire | 22 | | protection service
including fire chiefs and assistant | 23 | | fire chiefs.
| 24 | | (3) The term "air pilot" includes any employee whose | 25 | | official job
description on file in the Department of | 26 | | Central Management Services, or
in the department by which |
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| 1 | | he is employed if that department is not covered
by the | 2 | | Personnel Code, states that his principal duty is the | 3 | | operation of
aircraft, and who possesses a pilot's license; | 4 | | however, the change in this
definition made by this | 5 | | amendatory Act of 1983 shall not operate to exclude
any | 6 | | noncovered employee who was an "air pilot" for the purposes | 7 | | of this
Section on January 1, 1984.
| 8 | | (4) The term "special agent" means any person who by | 9 | | reason of
employment by the Division of Narcotic Control, | 10 | | the Bureau of Investigation
or, after July 1, 1977, the | 11 | | Division of Criminal Investigation, the
Division of | 12 | | Internal Investigation, the Division of Operations, or any
| 13 | | other Division or organizational
entity in the Department | 14 | | of State Police is vested by law with duties to
maintain | 15 | | public order, investigate violations of the criminal law of | 16 | | this
State, enforce the laws of this State, make arrests | 17 | | and recover property.
The term "special agent" includes any | 18 | | title or position in the Department
of State Police that is | 19 | | held by an individual employed under the State
Police Act.
| 20 | | (5) The term "investigator for the Secretary of State" | 21 | | means any person
employed by the Office of the Secretary of | 22 | | State and vested with such
investigative duties as render | 23 | | him ineligible for coverage under the Social
Security Act | 24 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 25 | | 218(l)(1)
of that Act.
| 26 | | A person who became employed as an investigator for the |
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| 1 | | Secretary of
State between January 1, 1967 and December 31, | 2 | | 1975, and who has served as
such until attainment of age | 3 | | 60, either continuously or with a single break
in service | 4 | | of not more than 3 years duration, which break terminated | 5 | | before
January 1, 1976, shall be entitled to have his | 6 | | retirement annuity
calculated in accordance with | 7 | | subsection (a), notwithstanding
that he has less than 20 | 8 | | years of credit for such service.
| 9 | | (6) The term "Conservation Police Officer" means any | 10 | | person employed
by the Division of Law Enforcement of the | 11 | | Department of Natural Resources and
vested with such law | 12 | | enforcement duties as render him ineligible for coverage
| 13 | | under the Social Security Act by reason of Sections | 14 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 15 | | term "Conservation Police Officer" includes
the positions | 16 | | of Chief Conservation Police Administrator and Assistant
| 17 | | Conservation Police Administrator.
| 18 | | (7) The term "investigator for the Department of | 19 | | Revenue" means any
person employed by the Department of | 20 | | Revenue and vested with such
investigative duties as render | 21 | | him ineligible for coverage under the Social
Security Act | 22 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 23 | | 218(l)(1)
of that Act.
| 24 | | The term "investigator for the Illinois Gaming Board" | 25 | | means any
person employed as such by the Illinois Gaming | 26 | | Board and vested with such
peace officer duties as render |
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| 1 | | the person ineligible for coverage under the Social
| 2 | | Security Act by reason of Sections 218(d)(5)(A), | 3 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 4 | | (8) The term "security employee of the Department of | 5 | | Human Services"
means any person employed by the Department | 6 | | of Human Services who (i) is
employed at the Chester Mental | 7 | | Health Center and has daily contact with the
residents | 8 | | thereof, (ii) is employed within a security unit at a | 9 | | facility
operated by the Department and has daily contact | 10 | | with the residents of the
security unit, (iii) is employed | 11 | | at a facility operated by the Department
that includes a | 12 | | security unit and is regularly scheduled to work at least
| 13 | | 50% of his or her working hours within that security unit, | 14 | | or (iv) is a mental health police officer.
"Mental health | 15 | | police officer" means any person employed by the Department | 16 | | of
Human Services in a position pertaining to the | 17 | | Department's mental health and
developmental disabilities | 18 | | functions who is vested with such law enforcement
duties as | 19 | | render the person ineligible for coverage under the Social | 20 | | Security
Act by reason of Sections 218(d)(5)(A), | 21 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 22 | | means that portion of a facility that is devoted to
the | 23 | | care, containment, and treatment of persons committed to | 24 | | the Department of
Human Services as sexually violent | 25 | | persons, persons unfit to stand trial, or
persons not | 26 | | guilty by reason of insanity. With respect to past |
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| 1 | | employment,
references to the Department of Human Services | 2 | | include its predecessor, the
Department of Mental Health | 3 | | and Developmental Disabilities.
| 4 | | The changes made to this subdivision (c)(8) by Public | 5 | | Act 92-14 apply to persons who retire on or after January | 6 | | 1,
2001, notwithstanding Section 1-103.1.
| 7 | | (9) "Central Management Services security police | 8 | | officer" means any
person employed by the Department of | 9 | | Central Management Services who is
vested with such law | 10 | | enforcement duties as render him ineligible for
coverage | 11 | | under the Social Security Act by reason of Sections | 12 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 13 | | (10) For a member who first became an employee under | 14 | | this Article before July 1, 2005, the term "security | 15 | | employee of the Department of Corrections or the Department | 16 | | of Juvenile Justice"
means any employee of the Department | 17 | | of Corrections or the Department of Juvenile Justice or the | 18 | | former
Department of Personnel, and any member or employee | 19 | | of the Prisoner
Review Board, who has daily contact with | 20 | | inmates or youth by working within a
correctional facility | 21 | | or Juvenile facility operated by the Department of Juvenile | 22 | | Justice or who is a parole officer or an employee who has
| 23 | | direct contact with committed persons in the performance of | 24 | | his or her
job duties. For a member who first becomes an | 25 | | employee under this Article on or after July 1, 2005, the | 26 | | term means an employee of the Department of Corrections or |
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| 1 | | the Department of Juvenile Justice who is any of the | 2 | | following: (i) officially headquartered at a correctional | 3 | | facility or Juvenile facility operated by the Department of | 4 | | Juvenile Justice, (ii) a parole officer, (iii) a member of | 5 | | the apprehension unit, (iv) a member of the intelligence | 6 | | unit, (v) a member of the sort team, or (vi) an | 7 | | investigator.
| 8 | | (11) The term "dangerous drugs investigator" means any | 9 | | person who is
employed as such by the Department of Human | 10 | | Services.
| 11 | | (12) The term "investigator for the Department of State | 12 | | Police" means
a person employed by the Department of State | 13 | | Police who is vested under
Section 4 of the Narcotic | 14 | | Control Division Abolition Act with such
law enforcement | 15 | | powers as render him ineligible for coverage under the
| 16 | | Social Security Act by reason of Sections 218(d)(5)(A), | 17 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 18 | | (13) "Investigator for the Office of the Attorney | 19 | | General" means any
person who is employed as such by the | 20 | | Office of the Attorney General and
is vested with such | 21 | | investigative duties as render him ineligible for
coverage | 22 | | under the Social Security Act by reason of Sections | 23 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 24 | | the period before January 1,
1989, the term includes all | 25 | | persons who were employed as investigators by the
Office of | 26 | | the Attorney General, without regard to social security |
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| 1 | | status.
| 2 | | (14) "Controlled substance inspector" means any person | 3 | | who is employed
as such by the Department of Professional | 4 | | Regulation and is vested with such
law enforcement duties | 5 | | as render him ineligible for coverage under the Social
| 6 | | Security Act by reason of Sections 218(d)(5)(A), | 7 | | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 8 | | "controlled substance inspector" includes the Program
| 9 | | Executive of Enforcement and the Assistant Program | 10 | | Executive of Enforcement.
| 11 | | (15) The term "investigator for the Office of the | 12 | | State's Attorneys
Appellate Prosecutor" means a person | 13 | | employed in that capacity on a full
time basis under the | 14 | | authority of Section 7.06 of the State's Attorneys
| 15 | | Appellate Prosecutor's Act.
| 16 | | (16) "Commerce Commission police officer" means any | 17 | | person employed
by the Illinois Commerce Commission who is | 18 | | vested with such law
enforcement duties as render him | 19 | | ineligible for coverage under the Social
Security Act by | 20 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 21 | | 218(l)(1) of that Act.
| 22 | | (17) "Arson investigator" means any person who is | 23 | | employed as such by
the Office of the State Fire Marshal | 24 | | and is vested with such law enforcement
duties as render | 25 | | the person ineligible for coverage under the Social | 26 | | Security
Act by reason of Sections 218(d)(5)(A), |
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| 1 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 2 | | employed as an arson
investigator on January 1, 1995 and is | 3 | | no longer in service but not yet
receiving a retirement | 4 | | annuity may convert his or her creditable service for
| 5 | | employment as an arson investigator into eligible | 6 | | creditable service by paying
to the System the difference | 7 | | between the employee contributions actually paid
for that | 8 | | service and the amounts that would have been contributed if | 9 | | the
applicant were contributing at the rate applicable to | 10 | | persons with the same
social security status earning | 11 | | eligible creditable service on the date of
application.
| 12 | | (18) The term "State highway maintenance worker" means | 13 | | a person who is
either of the following:
| 14 | | (i) A person employed on a full-time basis by the | 15 | | Illinois
Department of Transportation in the position | 16 | | of
highway maintainer,
highway maintenance lead | 17 | | worker,
highway maintenance lead/lead worker,
heavy | 18 | | construction equipment operator,
power shovel | 19 | | operator, or
bridge mechanic; and
whose principal | 20 | | responsibility is to perform, on the roadway, the | 21 | | actual
maintenance necessary to keep the highways that | 22 | | form a part of the State
highway system in serviceable | 23 | | condition for vehicular traffic.
| 24 | | (ii) A person employed on a full-time basis by the | 25 | | Illinois
State Toll Highway Authority in the position | 26 | | of
equipment operator/laborer H-4,
equipment |
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| 1 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 2 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 3 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 4 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 5 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 6 | | painter H-4, or
painter H-6; and
whose principal | 7 | | responsibility is to perform, on the roadway, the | 8 | | actual
maintenance necessary to keep the Authority's | 9 | | tollways in serviceable condition
for vehicular | 10 | | traffic.
| 11 | | (19) The term "security employee of the Department of | 12 | | Innovation and Technology" means a person who was a | 13 | | security employee of the Department of Corrections or the | 14 | | Department of Juvenile Justice, was transferred to the | 15 | | Department of Innovation and Technology pursuant to | 16 | | Executive Order 2016-01, and continues to perform similar | 17 | | job functions under that Department. | 18 | | (20) "Transferred employee" means an employee who was | 19 | | transferred to the Department of Central Management | 20 | | Services by Executive Order No. 2003-10 or Executive Order | 21 | | No. 2004-2 or transferred to the Department of Innovation | 22 | | and Technology by Executive Order No. 2016-1, or both, and | 23 | | was entitled to eligible creditable service for services | 24 | | immediately preceding the transfer. | 25 | | (d) A security employee of the Department of Corrections or | 26 | | the Department of Juvenile Justice, a security
employee of the |
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| 1 | | Department of Human Services who is not a mental health police
| 2 | | officer, and a security employee of the Department of | 3 | | Innovation and Technology shall not be eligible for the | 4 | | alternative retirement annuity provided
by this Section unless | 5 | | he or she meets the following minimum age and service
| 6 | | requirements at the time of retirement:
| 7 | | (i) 25 years of eligible creditable service and age 55; | 8 | | or
| 9 | | (ii) beginning January 1, 1987, 25 years of eligible | 10 | | creditable service
and age 54, or 24 years of eligible | 11 | | creditable service and age 55; or
| 12 | | (iii) beginning January 1, 1988, 25 years of eligible | 13 | | creditable service
and age 53, or 23 years of eligible | 14 | | creditable service and age 55; or
| 15 | | (iv) beginning January 1, 1989, 25 years of eligible | 16 | | creditable service
and age 52, or 22 years of eligible | 17 | | creditable service and age 55; or
| 18 | | (v) beginning January 1, 1990, 25 years of eligible | 19 | | creditable service
and age 51, or 21 years of eligible | 20 | | creditable service and age 55; or
| 21 | | (vi) beginning January 1, 1991, 25 years of eligible | 22 | | creditable service
and age 50, or 20 years of eligible | 23 | | creditable service and age 55.
| 24 | | Persons who have service credit under Article 16 of this | 25 | | Code for service
as a security employee of the Department of | 26 | | Corrections or the Department of Juvenile Justice, or the |
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| 1 | | Department
of Human Services in a position requiring | 2 | | certification as a teacher may
count such service toward | 3 | | establishing their eligibility under the service
requirements | 4 | | of this Section; but such service may be used only for
| 5 | | establishing such eligibility, and not for the purpose of | 6 | | increasing or
calculating any benefit.
| 7 | | (e) If a member enters military service while working in a | 8 | | position in
which eligible creditable service may be earned, | 9 | | and returns to State
service in the same or another such | 10 | | position, and fulfills in all other
respects the conditions | 11 | | prescribed in this Article for credit for military
service, | 12 | | such military service shall be credited as eligible creditable
| 13 | | service for the purposes of the retirement annuity prescribed | 14 | | in this Section.
| 15 | | (f) For purposes of calculating retirement annuities under | 16 | | this
Section, periods of service rendered after December 31, | 17 | | 1968 and before
October 1, 1975 as a covered employee in the | 18 | | position of special agent,
conservation police officer, mental | 19 | | health police officer, or investigator
for the Secretary of | 20 | | State, shall be deemed to have been service as a
noncovered | 21 | | employee, provided that the employee pays to the System prior | 22 | | to
retirement an amount equal to (1) the difference between the | 23 | | employee
contributions that would have been required for such | 24 | | service as a
noncovered employee, and the amount of employee | 25 | | contributions actually
paid, plus (2) if payment is made after | 26 | | July 31, 1987, regular interest
on the amount specified in item |
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| 1 | | (1) from the date of service to the date
of payment.
| 2 | | For purposes of calculating retirement annuities under | 3 | | this Section,
periods of service rendered after December 31, | 4 | | 1968 and before January 1,
1982 as a covered employee in the | 5 | | position of investigator for the
Department of Revenue shall be | 6 | | deemed to have been service as a noncovered
employee, provided | 7 | | that the employee pays to the System prior to retirement
an | 8 | | amount equal to (1) the difference between the employee | 9 | | contributions
that would have been required for such service as | 10 | | a noncovered employee,
and the amount of employee contributions | 11 | | actually paid, plus (2) if payment
is made after January 1, | 12 | | 1990, regular interest on the amount specified in
item (1) from | 13 | | the date of service to the date of payment.
| 14 | | (g) A State policeman may elect, not later than January 1, | 15 | | 1990, to
establish eligible creditable service for up to 10 | 16 | | years of his service as
a policeman under Article 3, by filing | 17 | | a written election with the Board,
accompanied by payment of an | 18 | | amount to be determined by the Board, equal to
(i) the | 19 | | difference between the amount of employee and employer
| 20 | | contributions transferred to the System under Section 3-110.5, | 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 effective rate for | 24 | | each year, compounded annually, from the date of
service to the | 25 | | date of payment.
| 26 | | Subject to the limitation in subsection (i), a State |
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| 1 | | policeman may elect,
not later than July 1, 1993, to establish | 2 | | eligible creditable service for
up to 10 years of his service | 3 | | as a member of the County Police Department
under Article 9, by | 4 | | filing a written election with the Board, accompanied
by | 5 | | payment of an amount to be determined by the Board, equal to | 6 | | (i) the
difference between the amount of employee and employer | 7 | | contributions
transferred to the System under Section 9-121.10 | 8 | | and the amounts that would
have been contributed had those | 9 | | contributions been made at the rates
applicable to State | 10 | | policemen, plus (ii) interest thereon at the effective
rate for | 11 | | each year, compounded annually, from the date of service to the
| 12 | | date of payment.
| 13 | | (h) Subject to the limitation in subsection (i), a State | 14 | | policeman or
investigator for the Secretary of State may elect | 15 | | to establish eligible
creditable service for up to 12 years of | 16 | | his service as a policeman under
Article 5, by filing a written | 17 | | election with the Board on or before January
31, 1992, and | 18 | | paying to the System by January 31, 1994 an amount to be
| 19 | | determined by the Board, equal to (i) the difference between | 20 | | the amount of
employee and employer contributions transferred | 21 | | to the System under Section
5-236, and the amounts that would | 22 | | have been contributed had such
contributions been made at the | 23 | | rates applicable to State policemen, plus
(ii) interest thereon | 24 | | at the effective rate for each year, compounded
annually, from | 25 | | the date of service to the date of payment.
| 26 | | Subject to the limitation in subsection (i), a State |
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| 1 | | policeman,
conservation police officer, or investigator for | 2 | | the Secretary of State may
elect to establish eligible | 3 | | creditable service for up to 10 years of
service as a sheriff's | 4 | | law enforcement employee under Article 7, by filing
a written | 5 | | election with the Board on or before January 31, 1993, and | 6 | | paying
to the System by January 31, 1994 an amount to be | 7 | | determined by the Board,
equal to (i) the difference between | 8 | | the amount of employee and
employer contributions transferred | 9 | | to the System under Section
7-139.7, and the amounts that would | 10 | | have been contributed had such
contributions been made at the | 11 | | rates applicable to State policemen, plus
(ii) interest thereon | 12 | | at the effective rate for each year, compounded
annually, from | 13 | | the date of service to the date of payment.
| 14 | | Subject to the limitation in subsection (i), a State | 15 | | policeman,
conservation police officer, or investigator for | 16 | | the Secretary of State may
elect to establish eligible | 17 | | creditable service for up to 5 years of
service as a police | 18 | | officer under Article 3, a policeman under Article 5, a | 19 | | sheriff's law enforcement employee under Article 7, a member of | 20 | | the county police department under Article 9, or a police | 21 | | officer under Article 15 by filing
a written election with the | 22 | | Board 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, 9-121.10, or 15-134.4 | 26 | | and the 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 effective rate for | 3 | | each year, compounded
annually, from the date of service to the | 4 | | date of payment. | 5 | | Subject to the limitation in subsection (i), an | 6 | | investigator for the Office of the Attorney General, or an | 7 | | investigator for the Department of Revenue, may elect to | 8 | | establish eligible creditable service for up to 5 years of | 9 | | service as a police officer under Article 3, a policeman under | 10 | | Article 5, a sheriff's law enforcement employee under Article | 11 | | 7, or a member of the county police department under Article 9 | 12 | | by filing a written election with the Board within 6 months | 13 | | after August 25, 2009 (the effective date of Public Act 96-745) | 14 | | and paying to the System an amount to be determined by the | 15 | | Board, equal to (i) the difference between the amount of | 16 | | employee and employer contributions transferred to the System | 17 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 18 | | amounts that would have been contributed had such contributions | 19 | | been made at the rates applicable to State policemen, plus (ii) | 20 | | interest thereon at the actuarially assumed rate for each year, | 21 | | compounded annually, from the date of service to the date of | 22 | | payment. | 23 | | Subject to the limitation in subsection (i), a State | 24 | | policeman, conservation police officer, investigator for the | 25 | | Office of the Attorney General, an investigator for the | 26 | | Department of Revenue, or investigator for the Secretary of |
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| 1 | | State may elect to establish eligible creditable service for up | 2 | | to 5 years of service as a person employed by a participating | 3 | | municipality to perform police duties, or law enforcement | 4 | | officer employed on a full-time basis by a forest preserve | 5 | | district under Article 7, a county corrections officer, or a | 6 | | court services officer under Article 9, by filing a written | 7 | | election with the Board within 6 months after August 25, 2009 | 8 | | (the effective date of Public Act 96-745) and paying to the | 9 | | System an amount to be determined by the Board, equal to (i) | 10 | | the difference between the amount of employee and employer | 11 | | contributions transferred to the System under Sections 7-139.8 | 12 | | and 9-121.10 and the amounts that would have been contributed | 13 | | had such contributions been made at the rates applicable to | 14 | | State policemen, plus (ii) 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 | | (i) The total amount of eligible creditable service | 18 | | established by any
person under subsections (g), (h), (j), (k), | 19 | | (l), (l-5), and (o) , and (p) of this
Section shall not exceed | 20 | | 12 years.
| 21 | | (j) Subject to the limitation in subsection (i), an | 22 | | investigator for
the Office of the State's Attorneys Appellate | 23 | | Prosecutor or a controlled
substance inspector may elect to
| 24 | | establish eligible creditable service for up to 10 years of his | 25 | | service as
a policeman under Article 3 or a sheriff's law | 26 | | enforcement employee under
Article 7, by filing a written |
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| 1 | | election with the Board, accompanied by
payment of an amount to | 2 | | be determined by the Board, equal to (1) the
difference between | 3 | | the amount of employee and employer contributions
transferred | 4 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
| 5 | | that would have been contributed had such contributions been | 6 | | made at the
rates applicable to State policemen, plus (2) | 7 | | interest thereon at the
effective rate for each year, | 8 | | compounded annually, from the date of service
to the date of | 9 | | payment.
| 10 | | (k) Subject to the limitation in subsection (i) of this | 11 | | Section, an
alternative formula employee may elect to establish | 12 | | eligible creditable
service for periods spent as a full-time | 13 | | law enforcement officer or full-time
corrections officer | 14 | | employed by the federal government or by a state or local
| 15 | | government located outside of Illinois, for which credit is not | 16 | | held in any
other public employee pension fund or retirement | 17 | | system. To obtain this
credit, the applicant must file a | 18 | | written application with the Board by March
31, 1998, | 19 | | accompanied by evidence of eligibility acceptable to the Board | 20 | | and
payment of an amount to be determined by the Board, equal | 21 | | to (1) employee
contributions for the credit being established, | 22 | | based upon the applicant's
salary on the first day as an | 23 | | alternative formula employee after the employment
for which | 24 | | credit is being established and the rates then applicable to
| 25 | | alternative formula employees, plus (2) an amount determined by | 26 | | the Board
to be the employer's normal cost of the benefits |
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| 1 | | accrued for the credit being
established, plus (3) regular | 2 | | interest on the amounts in items (1) and (2) from
the first day | 3 | | as an alternative formula employee after the employment for | 4 | | which
credit is being established to the date of payment.
| 5 | | (l) Subject to the limitation in subsection (i), a security | 6 | | employee of
the Department of Corrections may elect, not later | 7 | | than July 1, 1998, to
establish eligible creditable service for | 8 | | up to 10 years of his or her service
as a policeman under | 9 | | Article 3, by filing a written election with the Board,
| 10 | | accompanied by payment of an amount to be determined by the | 11 | | Board, equal to
(i) the difference between the amount of | 12 | | employee and employer contributions
transferred to the System | 13 | | under Section 3-110.5, and the amounts that would
have been | 14 | | contributed had such contributions been made at the rates | 15 | | applicable
to security employees of the Department of | 16 | | Corrections, plus (ii) interest
thereon at the effective rate | 17 | | for each year, compounded annually, from the date
of service to | 18 | | the date of payment.
| 19 | | (l-5) Subject to the limitation in subsection (i) of this | 20 | | Section, a State policeman may elect to establish eligible | 21 | | creditable service for up to 5 years of service as a full-time | 22 | | law enforcement officer employed by the federal government or | 23 | | by a state or local government located outside of Illinois for | 24 | | which credit is not held in any other public employee pension | 25 | | fund or retirement system. To obtain this credit, the applicant | 26 | | must file a written application with the Board no later than 3 |
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| 1 | | years after the effective date of this amendatory Act of the | 2 | | 101st General Assembly, accompanied by evidence of eligibility | 3 | | acceptable to the Board and payment of an amount to be | 4 | | determined by the Board, equal to (1) employee contributions | 5 | | for the credit being established, based upon the applicant's | 6 | | salary on the first day as an alternative formula employee | 7 | | after the employment for which credit is being established and | 8 | | the rates then applicable to alternative formula employees, | 9 | | plus (2) an amount determined by the Board to be the employer's | 10 | | normal cost of the benefits accrued for the credit being | 11 | | established, plus (3) regular interest on the amounts in items | 12 | | (1) and (2) from the first day as an alternative formula | 13 | | employee after the employment for which credit is being | 14 | | established to the date of payment. | 15 | | (m) The amendatory changes to this Section made by this | 16 | | amendatory Act of the 94th General Assembly apply only to: (1) | 17 | | security employees of the Department of Juvenile Justice | 18 | | employed by the Department of Corrections before the effective | 19 | | date of this amendatory Act of the 94th General Assembly and | 20 | | transferred to the Department of Juvenile Justice by this | 21 | | amendatory Act of the 94th General Assembly; and (2) persons | 22 | | employed by the Department of Juvenile Justice on or after the | 23 | | effective date of this amendatory Act of the 94th General | 24 | | Assembly who are required by subsection (b) of Section 3-2.5-15 | 25 | | of the Unified Code of Corrections to have any bachelor's or | 26 | | advanced degree from an accredited college or university or, in |
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| 1 | | the case of persons who provide vocational training, who are | 2 | | required to have adequate knowledge in the skill for which they | 3 | | are providing the vocational training.
| 4 | | (n) A person employed in a position under subsection (b) of | 5 | | this Section who has purchased service credit under subsection | 6 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in | 7 | | any other capacity under this Article may convert up to 5 years | 8 | | of that service credit into service credit covered under this | 9 | | Section by paying to the Fund an amount equal to (1) the | 10 | | additional employee contribution required under Section | 11 | | 14-133, plus (2) the additional employer contribution required | 12 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 13 | | the actuarially assumed rate from the date of the service to | 14 | | the date of payment. | 15 | | (o) Subject to the limitation in subsection (i), a | 16 | | conservation police officer, investigator for the Secretary of | 17 | | State, Commerce Commission police officer, investigator for | 18 | | the Department of Revenue or the
Illinois Gaming Board, or | 19 | | arson investigator subject to subsection (g) of Section 1-160 | 20 | | may elect to convert up to 8 years of service credit | 21 | | established before the effective date of this amendatory Act of | 22 | | the 101st General Assembly as a conservation police officer, | 23 | | investigator for the Secretary of State, Commerce Commission | 24 | | police officer, investigator for the Department of Revenue or | 25 | | the
Illinois Gaming Board, or arson investigator under this | 26 | | Article into eligible creditable service by filing a written |
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| 1 | | election with the Board no later than one year after the | 2 | | effective date of this amendatory Act of the 101st General | 3 | | Assembly, accompanied by payment of an amount to be determined | 4 | | by the Board equal to (i) the difference between the amount of | 5 | | the employee contributions actually paid for that service and | 6 | | the amount of the employee contributions that would have been | 7 | | paid had the employee contributions been made as a noncovered | 8 | | employee serving in a position in which eligible creditable | 9 | | service, as defined in this Section, may be earned, plus (ii) | 10 | | interest thereon at the effective rate for each year, | 11 | | compounded annually, from the date of service to the date of | 12 | | payment. | 13 | | (p) Subject to the limitation in subsection (i), a security | 14 | | employee of the Department of Human Services who is subject to | 15 | | subsection (g) of Section 1-160 may elect to convert up to 8 | 16 | | years of service credit established before the effective date | 17 | | of this amendatory Act of the 101st General Assembly as a | 18 | | security employee of the Department of Human Services to | 19 | | eligible creditable service by filing a written election with | 20 | | the Board no later than one year after the effective date of | 21 | | this amendatory Act of the 101st General Assembly, accompanied | 22 | | by payment of an amount, to be determined by the Board, equal | 23 | | to (i) the difference between the amount of the employee | 24 | | contributions actually paid for that service and the amount of | 25 | | the employee contributions that would have been paid had the | 26 | | employee contributions been made as a covered employee serving |
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| 1 | | in a position in which eligible creditable service, as defined | 2 | | in this Section, may be earned, plus (ii) interest thereon at | 3 | | the effective rate for each year, compounded annually, from the | 4 | | date of service to the date of payment. | 5 | | (Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18; | 6 | | 101-610, eff. 1-1-20.)
| 7 | | (40 ILCS 5/14-152.1) | 8 | | Sec. 14-152.1. Application and expiration of new benefit | 9 | | increases. | 10 | | (a) As used in this Section, "new benefit increase" means | 11 | | an increase in the amount of any benefit provided under this | 12 | | Article, or an expansion of the conditions of eligibility for | 13 | | any benefit under this Article, that results from an amendment | 14 | | to this Code that takes effect after June 1, 2005 (the | 15 | | effective date of Public Act 94-4). "New benefit increase", | 16 | | however, does not include any benefit increase resulting from | 17 | | the changes made to Article 1 or this Article by Public Act | 18 | | 96-37, Public Act 100-23, Public Act 100-587, Public Act | 19 | | 100-611, Public Act 101-10, Public Act 101-610, or this | 20 | | amendatory Act of the 101st General Assembly or this amendatory | 21 | | Act of the 101st General Assembly .
| 22 | | (b) Notwithstanding any other provision of this Code or any | 23 | | subsequent amendment to this Code, every new benefit increase | 24 | | is subject to this Section and shall be deemed to be granted | 25 | | only in conformance with and contingent upon compliance with |
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| 1 | | the provisions of this Section.
| 2 | | (c) The Public Act enacting a new benefit increase must | 3 | | identify and provide for payment to the System of additional | 4 | | funding at least sufficient to fund the resulting annual | 5 | | increase in cost to the System as it accrues. | 6 | | Every new benefit increase is contingent upon the General | 7 | | Assembly providing the additional funding required under this | 8 | | subsection. The Commission on Government Forecasting and | 9 | | Accountability shall analyze whether adequate additional | 10 | | funding has been provided for the new benefit increase and | 11 | | shall report its analysis to the Public Pension Division of the | 12 | | Department of Insurance. A new benefit increase created by a | 13 | | Public Act that does not include the additional funding | 14 | | required under this subsection is null and void. If the Public | 15 | | Pension Division determines that the additional funding | 16 | | provided for a new benefit increase under this subsection is or | 17 | | has become inadequate, it may so certify to the Governor and | 18 | | the State Comptroller and, in the absence of corrective action | 19 | | by the General Assembly, the new benefit increase shall expire | 20 | | at the end of the fiscal year in which the certification is | 21 | | made.
| 22 | | (d) Every new benefit increase shall expire 5 years after | 23 | | its effective date or on such earlier date as may be specified | 24 | | in the language enacting the new benefit increase or provided | 25 | | under subsection (c). This does not prevent the General | 26 | | Assembly from extending or re-creating a new benefit increase |
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| 1 | | by law. | 2 | | (e) Except as otherwise provided in the language creating | 3 | | the new benefit increase, a new benefit increase that expires | 4 | | under this Section continues to apply to persons who applied | 5 | | and qualified for the affected benefit while the new benefit | 6 | | increase was in effect and to the affected beneficiaries and | 7 | | alternate payees of such persons, but does not apply to any | 8 | | other person, including, without limitation, a person who | 9 | | continues in service after the expiration date and did not | 10 | | apply and qualify for the affected benefit while the new | 11 | | benefit increase was in effect.
| 12 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; | 13 | | 100-611, eff. 7-20-18; 101-10, eff. 6-5-19; 101-81, eff. | 14 | | 7-12-19; 101-610, eff. 1-1-20.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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