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| [ Senate Amendment 002 ] |
90_HB0313eng
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the State Employee Article of the Pension Code to
provide the alternative (State Police) formula for arson
investigators employed by the Office of the State Fire
Marshal. Effective immediately.
LRB9000555EGfg
HB0313 Engrossed LRB9000555EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 14-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 14-110 as follows:
7 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 14-110. Alternative retirement annuity.
10 (a) Any member who has withdrawn from service with not
11 less than 20 years of eligible creditable service and has
12 attained age 55, and any member who has withdrawn from
13 service with not less than 25 years of eligible creditable
14 service and has attained age 50, regardless of whether the
15 attainment of either of the specified ages occurs while the
16 member is still in service, shall be entitled to receive at
17 the option of the member, in lieu of the regular or minimum
18 retirement annuity, a retirement annuity computed as
19 follows:
20 (i) for periods of service as a noncovered
21 employee, 2 1/4% of final average compensation for each
22 of the first 10 years of creditable service, 2 1/2% for
23 each year above 10 years to and including 20 years of
24 creditable service, and 2 3/4% for each year of
25 creditable service above 20 years; and
26 (ii) for periods of eligible creditable service as
27 a covered employee, 1.67% of final average compensation
28 for each of the first 10 years of such service, 1.90% for
29 each of the next 10 years of such service, 2.10% for each
30 year of such service in excess of 20 but not exceeding
31 30, and 2.30% for each year in excess of 30.
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1 Such annuity shall be subject to a maximum of 75% of
2 final average compensation. These rates shall not be
3 applicable to any service performed by a member as a covered
4 employee which is not eligible creditable service. Service
5 as a covered employee which is not eligible creditable
6 service shall be subject to the rates and provisions of
7 Section 14-108.
8 (b) For the purpose of this Section, "eligible
9 creditable service" means creditable service resulting from
10 service in one or more of the following positions:
11 (1) State policeman;
12 (2) fire fighter in the fire protection service of
13 a 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;
19 (8) security employee of the Department of Mental
20 Health and Developmental Disabilities;
21 (9) Central Management Services security police
22 officer;
23 (10) security employee of the Department of
24 Corrections;
25 (11) dangerous drugs investigator;
26 (12) investigator for the Department of State
27 Police;
28 (13) investigator for the Office of the Attorney
29 General;
30 (14) controlled substance inspector;
31 (15) investigator for the Office of the State's
32 Attorneys Appellate Prosecutor;
33 (16) Commerce Commission police officer;
34 (17) arson investigator.
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1 A person employed in one of the positions specified in
2 this subsection is entitled to eligible creditable service
3 for service credit earned under this Article while undergoing
4 the basic police training course approved by the Illinois
5 Local Governmental Law Enforcement Officers Training Board,
6 if completion of that training is required of persons serving
7 in that position. For the purposes of this Code, service
8 during the required basic police training course shall be
9 deemed performance of the duties of the specified position,
10 even though the person is not a sworn peace officer at the
11 time of the training.
12 (c) For the purposes of this Section:
13 (1) The term "state policeman" includes any title
14 or position in the Department of State Police that is
15 held by an individual employed under the State Police
16 Act.
17 (2) The term "fire fighter in the fire protection
18 service of a department" includes all officers in such
19 fire protection service including fire chiefs and
20 assistant fire chiefs.
21 (3) The term "air pilot" includes any employee
22 whose official job description on file in the Department
23 of Central Management Services, or in the department by
24 which he is employed if that department is not covered by
25 the Personnel Code, states that his principal duty is the
26 operation of aircraft, and who possesses a pilot's
27 license; however, the change in this definition made by
28 this amendatory Act of 1983 shall not operate to exclude
29 any noncovered employee who was an "air pilot" for the
30 purposes of this Section on January 1, 1984.
31 (4) The term "special agent" means any person who
32 by reason of employment by the Division of Narcotic
33 Control, the Bureau of Investigation or, after July 1,
34 1977, the Division of Criminal Investigation, the
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1 Division of Internal Investigation or any other Division
2 or organizational entity in the Department of State
3 Police is vested by law with duties to maintain public
4 order, investigate violations of the criminal law of this
5 State, enforce the laws of this State, make arrests and
6 recover property. The term "special agent" includes any
7 title or position in the Department of State Police that
8 is held by an individual employed under the State Police
9 Act.
10 (5) The term "investigator for the Secretary of
11 State" means any person employed by the Office of the
12 Secretary of State and vested with such investigative
13 duties as render him ineligible for coverage under the
14 Social Security Act by reason of Sections 218(d)(5)(A),
15 218(d)(8)(D) and 218(l)(1) of that Act.
16 A person who became employed as an investigator for
17 the Secretary of State between January 1, 1967 and
18 December 31, 1975, and who has served as such until
19 attainment of age 60, either continuously or with a
20 single break in service of not more than 3 years
21 duration, which break terminated before January 1, 1976,
22 shall be entitled to have his retirement annuity
23 calculated in accordance with subsection (a),
24 notwithstanding that he has less than 20 years of credit
25 for such service.
26 (6) The term "Conservation Police Officer" means
27 any person employed by the Division of Law Enforcement of
28 the Department of Natural Resources and vested with such
29 law enforcement duties as render him ineligible for
30 coverage under the Social Security Act by reason of
31 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
32 that Act. The term "Conservation Police Officer"
33 includes the positions of Chief Conservation Police
34 Administrator and Assistant Conservation Police
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1 Administrator.
2 (7) The term "investigator for the Department of
3 Revenue" means any person employed by the Department of
4 Revenue and vested with such investigative duties as
5 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.
8 (8) The term "security employee of the Department
9 of Mental Health and Developmental Disabilities" means
10 any person employed by the Department of Mental Health
11 and Developmental Disabilities who is employed at the
12 Chester Mental Health Center and has daily contact with
13 the residents thereof, or who is a mental health police
14 officer. "Mental health police officer" means any person
15 employed by the Department of Mental Health and
16 Developmental Disabilities 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 (9) "Central Management Services security police
21 officer" means any person employed by the Department of
22 Central Management Services who is vested with such law
23 enforcement duties as render him ineligible for coverage
24 under the Social Security Act by reason of Sections
25 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
26 (10) The term "security employee of the Department
27 of Corrections" means any employee of the Department of
28 Corrections or the former Department of Personnel, and
29 any member or employee of the Prisoner Review Board, who
30 has daily contact with inmates by working within a
31 correctional facility or who is a parole officer or an
32 employee who has direct contact with committed persons in
33 the performance of his or her job duties.
34 (11) The term "dangerous drugs investigator" means
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1 any person who is employed as such by the Department of
2 Alcoholism and Substance Abuse.
3 (12) The term "investigator for the Department of
4 State Police" means a person employed by the Department
5 of State Police who is vested under Section 4 of the
6 Narcotic Control Division Abolition Act with such law
7 enforcement powers as render him ineligible for coverage
8 under the Social Security Act by reason of Sections
9 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
10 (13) "Investigator for the Office of the Attorney
11 General" means any person who is employed as such by the
12 Office of the Attorney General and is vested with such
13 investigative duties as render him ineligible for
14 coverage under the Social Security Act by reason of
15 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
16 Act. For the period before January 1, 1989, the term
17 includes all persons who were employed as investigators
18 by the Office of the Attorney General, without regard to
19 social security status.
20 (14) "Controlled substance inspector" means any
21 person who is employed as such by the Department of
22 Professional Regulation and is vested with such law
23 enforcement duties as render him ineligible for coverage
24 under the Social Security Act by reason of Sections
25 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
26 The term "controlled substance inspector" includes the
27 Program Executive of Enforcement and the Assistant
28 Program Executive of Enforcement.
29 (15) The term "investigator for the Office of the
30 State's Attorneys Appellate Prosecutor" means a person
31 employed in that capacity on a full time basis under the
32 authority of Section 7.06 of the State's Attorneys
33 Appellate Prosecutor's Act.
34 (16) "Commerce Commission police officer" means any
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1 person employed by the Illinois Commerce Commission who
2 is vested with such law enforcement duties as render him
3 ineligible for coverage under the Social Security Act by
4 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
5 218(l)(1) of that Act.
6 (17) "Arson investigator" means any person employed
7 as such by the Office of the State Fire Marshal.
8 (d) A security employee of the Department of
9 Corrections, and a security employee of the Department of
10 Mental Health and Developmental Disabilities who is not a
11 mental health police officer, shall not be eligible for the
12 alternative retirement annuity provided by this Section
13 unless he or she meets the following minimum age and service
14 requirements at the time of retirement:
15 (i) 25 years of eligible creditable service and age
16 55; or
17 (ii) beginning January 1, 1987, 25 years of
18 eligible creditable service and age 54, or 24 years of
19 eligible creditable service and age 55; or
20 (iii) beginning January 1, 1988, 25 years of
21 eligible creditable service and age 53, or 23 years of
22 eligible creditable service and age 55; or
23 (iv) beginning January 1, 1989, 25 years of
24 eligible creditable service and age 52, or 22 years of
25 eligible creditable service and age 55; or
26 (v) beginning January 1, 1990, 25 years of eligible
27 creditable service and age 51, or 21 years of eligible
28 creditable service and age 55; or
29 (vi) beginning January 1, 1991, 25 years of
30 eligible creditable service and age 50, or 20 years of
31 eligible creditable service and age 55.
32 Persons who have service credit under Article 16 of this
33 Code for service as a security employee of the Department of
34 Corrections in a position requiring certification as a
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1 teacher may count such service toward establishing their
2 eligibility under the service requirements of this Section;
3 but such service may be used only for establishing such
4 eligibility, and not for the purpose of increasing or
5 calculating any benefit.
6 (e) If a member enters military service while working in
7 a position in which eligible creditable service may be
8 earned, and returns to State service in the same or another
9 such position, and fulfills in all other respects the
10 conditions prescribed in this Article for credit for military
11 service, such military service shall be credited as eligible
12 creditable service for the purposes of the retirement annuity
13 prescribed in this Section.
14 (f) For purposes of calculating retirement annuities
15 under this Section, periods of service rendered after
16 December 31, 1968 and before October 1, 1975 as a covered
17 employee in the position of special agent, conservation
18 police officer, mental health police officer, or investigator
19 for the Secretary of State, shall be deemed to have been
20 service as a noncovered employee, provided that the employee
21 pays to the System prior to retirement an amount equal to (1)
22 the difference between the employee contributions that would
23 have been required for such service as a noncovered employee,
24 and the amount of employee contributions actually paid, plus
25 (2) if payment is made after July 31, 1987, regular interest
26 on the amount specified in item (1) from the date of service
27 to the date of payment.
28 For purposes of calculating retirement annuities under
29 this Section, periods of service rendered after December 31,
30 1968 and before January 1, 1982 as a covered employee in the
31 position of investigator for the Department of Revenue shall
32 be deemed to have been service as a noncovered employee,
33 provided that the employee pays to the System prior to
34 retirement an amount equal to (1) the difference between the
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1 employee contributions that would have been required for such
2 service as a noncovered employee, and the amount of employee
3 contributions actually paid, plus (2) if payment is made
4 after January 1, 1990, regular interest on the amount
5 specified in item (1) from the date of service to the date of
6 payment.
7 (g) A State policeman may elect, not later than January
8 1, 1990, to establish eligible creditable service for up to
9 10 years of his service as a policeman under Article 3, by
10 filing a written election with the Board, accompanied by
11 payment of an amount to be determined by the Board, equal to
12 (i) the difference between the amount of employee and
13 employer contributions transferred to the System under
14 Section 3-110.5, and the amounts that would have been
15 contributed had such contributions been made at the rates
16 applicable to State policemen, plus (ii) interest thereon at
17 the effective rate for each year, compounded annually, from
18 the date of service to the date of payment.
19 Subject to the limitation in subsection (i), a State
20 policeman may elect, not later than July 1, 1993, to
21 establish eligible creditable service for up to 10 years of
22 his service as a member of the County Police Department under
23 Article 9, by filing a written election with the Board,
24 accompanied by payment of an amount to be determined by the
25 Board, equal to (i) the difference between the amount of
26 employee and employer contributions transferred to the System
27 under Section 9-121.10 and the amounts that would have been
28 contributed had those contributions been made at the rates
29 applicable to State policemen, plus (ii) interest thereon at
30 the effective rate for each year, compounded annually, from
31 the date of service to the date of payment.
32 (h) Subject to the limitation in subsection (i), a State
33 policeman or investigator for the Secretary of State may
34 elect to establish eligible creditable service for up to 12
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1 years of his service as a policeman under Article 5, by
2 filing a written election with the Board on or before January
3 31, 1992, and paying to the System by January 31, 1994 an
4 amount to be determined by the Board, equal to (i) the
5 difference between the amount of employee and employer
6 contributions transferred to the System under Section 5-236,
7 and the 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 effective rate
10 for each year, compounded annually, from the date of service
11 to the date of payment.
12 Subject to the limitation in subsection (i), a State
13 policeman, conservation police officer, or investigator for
14 the Secretary of State may elect to establish eligible
15 creditable service for up to 10 years of service as a
16 sheriff's law enforcement employee under Article 7, by filing
17 a written election with the Board on or before January 31,
18 1993, and paying to the System by January 31, 1994 an amount
19 to be determined by the Board, equal to (i) the difference
20 between the amount of employee and employer contributions
21 transferred to the System under Section 7-139.7, and the
22 amounts that would have been contributed had such
23 contributions been made at the rates applicable to State
24 policemen, plus (ii) interest thereon at the effective rate
25 for each year, compounded annually, from the date of service
26 to the date of payment.
27 (i) The total amount of eligible creditable service
28 established by any person under subsections (g), (h) and (j)
29 of this Section shall not exceed 12 years.
30 (j) Subject to the limitation in subsection (i), an
31 investigator for the Office of the State's Attorneys
32 Appellate Prosecutor may elect to establish eligible
33 creditable service for up to 10 years of his service as a
34 policeman under Article 3 or a sheriff's law enforcement
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1 employee under Article 7, by filing a written election with
2 the Board, accompanied by payment of an amount to be
3 determined by the Board, equal to (1) the difference between
4 the amount of employee and employer contributions transferred
5 to the System under Section 3-110.6 or 7-139.8, and the
6 amounts that would have been contributed had such
7 contributions been made at the rates applicable to State
8 policemen, plus (2) interest thereon at the effective rate
9 for each year, compounded annually, from the date of service
10 to the date of payment.
11 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
12 (Text of Section after amendment by P.A. 89-507)
13 Sec. 14-110. Alternative retirement annuity.
14 (a) Any member who has withdrawn from service with not
15 less than 20 years of eligible creditable service and has
16 attained age 55, and any member who has withdrawn from
17 service with not less than 25 years of eligible creditable
18 service and has attained age 50, regardless of whether the
19 attainment of either of the specified ages occurs while the
20 member is still in service, shall be entitled to receive at
21 the option of the member, in lieu of the regular or minimum
22 retirement annuity, a retirement annuity computed as
23 follows:
24 (i) for periods of service as a noncovered
25 employee, 2 1/4% of final average compensation for each
26 of the first 10 years of creditable service, 2 1/2% for
27 each year above 10 years to and including 20 years of
28 creditable service, and 2 3/4% for each year of
29 creditable service above 20 years; and
30 (ii) for periods of eligible creditable service as
31 a covered employee, 1.67% of final average compensation
32 for each of the first 10 years of such service, 1.90% for
33 each of the next 10 years of such service, 2.10% for each
34 year of such service in excess of 20 but not exceeding
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1 30, and 2.30% for each year in excess of 30.
2 Such annuity shall be subject to a maximum of 75% of
3 final average compensation. These rates shall not be
4 applicable to any service performed by a member as a covered
5 employee which is not eligible creditable service. Service
6 as a covered employee which is not eligible creditable
7 service shall be subject to the rates and provisions of
8 Section 14-108.
9 (b) For the purpose of this Section, "eligible
10 creditable service" means creditable service resulting from
11 service in one or more of the following positions:
12 (1) State policeman;
13 (2) fire fighter in the fire protection service of
14 a department;
15 (3) air pilot;
16 (4) special agent;
17 (5) investigator for the Secretary of State;
18 (6) conservation police officer;
19 (7) investigator for the Department of Revenue;
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;
26 (11) dangerous drugs investigator;
27 (12) investigator for the Department of State
28 Police;
29 (13) investigator for the Office of the Attorney
30 General;
31 (14) controlled substance inspector;
32 (15) investigator for the Office of the State's
33 Attorneys Appellate Prosecutor;
34 (16) Commerce Commission police officer;
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1 (17) arson investigator.
2 A person employed in one of the positions specified in
3 this subsection is entitled to eligible creditable service
4 for service credit earned under this Article while undergoing
5 the basic police training course approved by the Illinois
6 Local Governmental Law Enforcement Officers Training Board,
7 if completion of that training is required of persons serving
8 in that position. For the purposes of this Code, service
9 during the required basic police training course shall be
10 deemed performance of the duties of the specified position,
11 even though the person is not a sworn peace officer at the
12 time of the training.
13 (c) For the purposes of this Section:
14 (1) The term "state policeman" includes any title
15 or position in the Department of State Police that is
16 held by an individual employed under the State Police
17 Act.
18 (2) The term "fire fighter in the fire protection
19 service of a department" includes all officers in such
20 fire protection service including fire chiefs and
21 assistant fire chiefs.
22 (3) The term "air pilot" includes any employee
23 whose official job description on file in the Department
24 of Central Management Services, or in the department by
25 which he is employed if that department is not covered by
26 the Personnel Code, states that his principal duty is the
27 operation of aircraft, and who possesses a pilot's
28 license; however, the change in this definition made by
29 this amendatory Act of 1983 shall not operate to exclude
30 any noncovered employee who was an "air pilot" for the
31 purposes of this Section on January 1, 1984.
32 (4) The term "special agent" means any person who
33 by reason of employment by the Division of Narcotic
34 Control, the Bureau of Investigation or, after July 1,
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1 1977, the Division of Criminal Investigation, the
2 Division of Internal Investigation or any other Division
3 or organizational entity in the Department of State
4 Police is vested by law with duties to maintain public
5 order, investigate violations of the criminal law of this
6 State, enforce the laws of this State, make arrests and
7 recover property. The term "special agent" includes any
8 title or position in the Department of State Police that
9 is held by an individual employed under the State Police
10 Act.
11 (5) The term "investigator for the Secretary of
12 State" means any person employed by the Office of the
13 Secretary of State and vested with such investigative
14 duties as render him ineligible for coverage under the
15 Social Security Act by reason of Sections 218(d)(5)(A),
16 218(d)(8)(D) and 218(l)(1) of that Act.
17 A person who became employed as an investigator for
18 the Secretary of State between January 1, 1967 and
19 December 31, 1975, and who has served as such until
20 attainment of age 60, either continuously or with a
21 single break in service of not more than 3 years
22 duration, which break terminated before January 1, 1976,
23 shall be entitled to have his retirement annuity
24 calculated in accordance with subsection (a),
25 notwithstanding that he has less than 20 years of credit
26 for such service.
27 (6) The term "Conservation Police Officer" means
28 any person employed by the Division of Law Enforcement of
29 the Department of Natural Resources and vested with such
30 law enforcement duties as render him ineligible for
31 coverage under the Social Security Act by reason of
32 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
33 that Act. The term "Conservation Police Officer"
34 includes the positions of Chief Conservation Police
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1 Administrator and Assistant Conservation Police
2 Administrator.
3 (7) The term "investigator for the Department of
4 Revenue" means any person employed by the Department of
5 Revenue and vested with such investigative duties as
6 render him ineligible for coverage under the Social
7 Security Act by reason of Sections 218(d)(5)(A),
8 218(d)(8)(D) and 218(l)(1) of that Act.
9 (8) The term "security employee of the Department
10 of Human Services" means any person employed by the
11 Department of Human Services who is employed at the
12 Chester Mental Health Center and has daily contact with
13 the residents thereof, or who is a mental health police
14 officer. "Mental health police officer" means any person
15 employed by the Department of Human Services in a
16 position pertaining to the Department's mental health and
17 developmental disabilities functions who is vested with
18 such law enforcement duties as render the person
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 (9) "Central Management Services security police
23 officer" means any person employed by the Department of
24 Central Management Services who is vested with such law
25 enforcement duties as render him ineligible for coverage
26 under the Social Security Act by reason of Sections
27 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
28 (10) The term "security employee of the Department
29 of Corrections" means any employee of the Department of
30 Corrections or the former Department of Personnel, and
31 any member or employee of the Prisoner Review Board, who
32 has daily contact with inmates by working within a
33 correctional facility or who is a parole officer or an
34 employee who has direct contact with committed persons in
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1 the performance of his or her job duties.
2 (11) The term "dangerous drugs investigator" means
3 any person who is employed as such by the Department of
4 Human Services.
5 (12) The term "investigator for the Department of
6 State Police" means a person employed by the Department
7 of State Police who is vested under Section 4 of the
8 Narcotic Control Division Abolition Act with such law
9 enforcement powers 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.
12 (13) "Investigator for the Office of the Attorney
13 General" means any person who is employed as such by the
14 Office of the Attorney General and is vested with such
15 investigative duties as render him ineligible for
16 coverage under the Social Security Act by reason of
17 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
18 Act. For the period before January 1, 1989, the term
19 includes all persons who were employed as investigators
20 by the Office of the Attorney General, without regard to
21 social security status.
22 (14) "Controlled substance inspector" means any
23 person who is employed as such by the Department of
24 Professional Regulation and is vested with such law
25 enforcement duties as render him ineligible for coverage
26 under the Social Security Act by reason of Sections
27 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
28 The term "controlled substance inspector" includes the
29 Program Executive of Enforcement and the Assistant
30 Program Executive of Enforcement.
31 (15) The term "investigator for the Office of the
32 State's Attorneys Appellate Prosecutor" means a person
33 employed in that capacity on a full time basis under the
34 authority of Section 7.06 of the State's Attorneys
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1 Appellate Prosecutor's Act.
2 (16) "Commerce Commission police officer" means any
3 person employed by the Illinois Commerce Commission who
4 is vested with such law enforcement duties as render him
5 ineligible for coverage under the Social Security Act by
6 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
7 218(l)(1) of that Act.
8 (17) "Arson investigator" means any person employed
9 as such by the Office of the State Fire Marshal.
10 (d) A security employee of the Department of
11 Corrections, and a security employee of the Department of
12 Human Services who is not a mental health police officer,
13 shall not be eligible for the alternative retirement annuity
14 provided by this Section unless he or she meets the following
15 minimum age and service requirements at the time of
16 retirement:
17 (i) 25 years of eligible creditable service and age
18 55; or
19 (ii) beginning January 1, 1987, 25 years of
20 eligible creditable service and age 54, or 24 years of
21 eligible creditable service and age 55; or
22 (iii) beginning January 1, 1988, 25 years of
23 eligible creditable service and age 53, or 23 years of
24 eligible creditable service and age 55; or
25 (iv) beginning January 1, 1989, 25 years of
26 eligible creditable service and age 52, or 22 years of
27 eligible creditable service and age 55; or
28 (v) beginning January 1, 1990, 25 years of eligible
29 creditable service and age 51, or 21 years of eligible
30 creditable service and age 55; or
31 (vi) beginning January 1, 1991, 25 years of
32 eligible creditable service and age 50, or 20 years of
33 eligible creditable service and age 55.
34 Persons who have service credit under Article 16 of this
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1 Code for service as a security employee of the Department of
2 Corrections in a position requiring certification as a
3 teacher may count such service toward establishing their
4 eligibility under the service requirements of this Section;
5 but such service may be used only for establishing such
6 eligibility, and not for the purpose of increasing or
7 calculating any benefit.
8 (e) If a member enters military service while working in
9 a position in which eligible creditable service may be
10 earned, and returns to State service in the same or another
11 such position, and fulfills in all other respects the
12 conditions prescribed in this Article for credit for military
13 service, such military service shall be credited as eligible
14 creditable service for the purposes of the retirement annuity
15 prescribed in this Section.
16 (f) For purposes of calculating retirement annuities
17 under this Section, periods of service rendered after
18 December 31, 1968 and before October 1, 1975 as a covered
19 employee in the position of special agent, conservation
20 police officer, mental health police officer, or investigator
21 for the Secretary of State, shall be deemed to have been
22 service as a noncovered employee, provided that the employee
23 pays to the System prior to retirement an amount equal to (1)
24 the difference between the employee contributions that would
25 have been required for such service as a noncovered employee,
26 and the amount of employee contributions actually paid, plus
27 (2) if payment is made after July 31, 1987, regular interest
28 on the amount specified in item (1) from the date of service
29 to the date of payment.
30 For purposes of calculating retirement annuities under
31 this Section, periods of service rendered after December 31,
32 1968 and before January 1, 1982 as a covered employee in the
33 position of investigator for the Department of Revenue shall
34 be deemed to have been service as a noncovered employee,
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1 provided that the employee pays to the System prior to
2 retirement an amount equal to (1) the difference between the
3 employee contributions that would have been required for such
4 service as a noncovered employee, and the amount of employee
5 contributions actually paid, plus (2) if payment is made
6 after January 1, 1990, regular interest on the amount
7 specified in item (1) from the date of service to the date of
8 payment.
9 (g) A State policeman may elect, not later than January
10 1, 1990, to establish eligible creditable service for up to
11 10 years of his service as a policeman under Article 3, 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
15 employer contributions transferred to the System under
16 Section 3-110.5, and the amounts that would have been
17 contributed had such contributions been made at the rates
18 applicable to State policemen, plus (ii) interest thereon at
19 the effective rate for each year, compounded annually, from
20 the date of service to the date of payment.
21 Subject to the limitation in subsection (i), a State
22 policeman may elect, not later than July 1, 1993, to
23 establish eligible creditable service for up to 10 years of
24 his service as a member of the County Police Department under
25 Article 9, by filing a written election with the Board,
26 accompanied by payment of an amount to be determined by the
27 Board, equal to (i) the difference between the amount of
28 employee and employer contributions transferred to the System
29 under Section 9-121.10 and the amounts that would have been
30 contributed had those contributions been made at the rates
31 applicable to State policemen, plus (ii) interest thereon at
32 the effective rate for each year, compounded annually, from
33 the date of service to the date of payment.
34 (h) Subject to the limitation in subsection (i), a State
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1 policeman or investigator for the Secretary of State may
2 elect to establish eligible creditable service for up to 12
3 years of his service as a policeman under Article 5, by
4 filing a written election with the Board on or before January
5 31, 1992, and paying to the System by January 31, 1994 an
6 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 Section 5-236,
9 and the amounts that would have been contributed had such
10 contributions been made at the rates applicable to State
11 policemen, plus (ii) interest thereon at the effective rate
12 for each year, compounded annually, from the date of service
13 to the date of payment.
14 Subject to the limitation in subsection (i), 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 10 years of service as a
18 sheriff's law enforcement employee under Article 7, by filing
19 a written election with the Board on or before January 31,
20 1993, and paying to the System by January 31, 1994 an amount
21 to be determined by the Board, equal to (i) the difference
22 between the amount of employee and employer contributions
23 transferred to the System under Section 7-139.7, and the
24 amounts that would have been contributed had such
25 contributions been made at the rates applicable to State
26 policemen, plus (ii) interest thereon at the effective rate
27 for each year, compounded annually, from the date of service
28 to the date of payment.
29 (i) The total amount of eligible creditable service
30 established by any person under subsections (g), (h) and (j)
31 of this Section shall not exceed 12 years.
32 (j) Subject to the limitation in subsection (i), an
33 investigator for the Office of the State's Attorneys
34 Appellate Prosecutor may elect to establish eligible
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1 creditable service for up to 10 years of his service as a
2 policeman under Article 3 or a sheriff's law enforcement
3 employee under Article 7, by filing a written election with
4 the Board, accompanied by payment of an amount to be
5 determined by the Board, equal to (1) the difference between
6 the amount of employee and employer contributions transferred
7 to the System under Section 3-110.6 or 7-139.8, and the
8 amounts that would have been contributed had such
9 contributions been made at the rates applicable to State
10 policemen, plus (2) interest thereon at the effective rate
11 for each year, compounded annually, from the date of service
12 to the date of payment.
13 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
14 89-507, eff. 7-1-97.)
15 Section 95. No acceleration or delay. Where this Act
16 makes changes in a statute that is represented in this Act by
17 text that is not yet or no longer in effect (for example, a
18 Section represented by multiple versions), the use of that
19 text does not accelerate or delay the taking effect of (i)
20 the changes made by this Act or (ii) provisions derived from
21 any other Public Act.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.