[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB0403
40 ILCS 5/3-110.6 from Ch. 108 1/2, par. 3-110.6
40 ILCS 5/5-236 from Ch. 108 1/2, par. 5-236
40 ILCS 5/7-139.8 from Ch. 108 1/2, par. 7-139.8
40 ILCS 5/14-104.10 new
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the Illinois Pension Code to allow State employees
to establish service credit for up to 5 years of certain
federal employment. Allows controlled substance inspectors
to establish up to 12 years of eligible creditable service
for periods spent as a law enforcement officer employed by
the federal government, AMTRAK, or any state, county, or
local government. Also allows controlled substance
inspectors to transfer credits from downstate police pension
funds, the Chicago police pension fund, and the Illinois
Municipal Retirement Fund to the State Employees' Retirement
System. Effective immediately.
LRB9000635EGfg
LRB9000635EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 3-110.6, 5-236, 7-139.8, and 14-110 and adding
3 Section 14-104.10.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Pension Code is amended by
7 changing Sections 3-110.6, 5-236, 7-139.8, and 14-110 and
8 adding Section 14-104.10 as follows:
9 (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
10 Sec. 3-110.6. Transfer to Article 14 System.
11 (a) Any active member of the State Employees' Retirement
12 System who is an investigator for the Office of the State's
13 Attorneys Appellate Prosecutor or, until March 31, 1998, a
14 controlled substance inspector may apply for transfer of his
15 or her creditable service accumulated in any police pension
16 fund under this Article to the State Employees' Retirement
17 System in accordance with Section 14-110. The creditable
18 service shall be transferred only upon payment by the police
19 pension fund to the State Employees' Retirement System of an
20 amount equal to:
21 (1) the amounts accumulated to the credit of the
22 applicant on the books of the fund on the date of
23 transfer; and
24 (2) employer contributions in an amount equal to
25 the amount determined under subparagraph (1); and
26 (3) any interest paid by the applicant in order to
27 reinstate service.
28 Participation in the police pension fund shall terminate
29 on the date of transfer.
30 (b) Any such investigator or inspector may reinstate
31 service which was terminated by receipt of a refund, by
-2- LRB9000635EGfg
1 paying to the police pension fund the amount of the refund
2 with interest thereon at the rate of 6% per year, compounded
3 annually, from the date of refund to the date of payment.
4 (Source: P.A. 87-1265.)
5 (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
6 Sec. 5-236. Transfer to Article 14.
7 (a) Until January 31, 1994, any active member of the
8 State Employees' Retirement System who is a State policeman
9 or investigator for the Secretary of State and until March
10 31, 1998, any active member of the State Employees'
11 Retirement System who is a controlled substance inspector may
12 apply for transfer of his creditable service accumulated
13 under this Article to the State Employees' Retirement System.
14 At the time of the transfer the Fund shall pay to the State
15 Employees' Retirement System an amount equal to:
16 (1) the amounts accumulated to the credit of the
17 applicant on the books of the Fund on the date of
18 transfer; and
19 (2) the corresponding municipality credits,
20 including interest, on the books of the Fund on the date
21 of transfer; and
22 (3) any interest paid by the applicant in order to
23 reinstate service.
24 Participation in this Fund shall terminate on the date of
25 transfer.
26 (b) Until January 31, 1994, any such State policeman or
27 investigator for the Secretary of State and until March 31,
28 1998, any such controlled substance inspector may reinstate
29 service that was terminated by receipt of a refund, by paying
30 to the Fund the amount of the refund with interest thereon at
31 the rate of 6% per year, compounded annually, from the date
32 of refund to the date of payment.
33 (c) Within 30 days after the effective date of this
-3- LRB9000635EGfg
1 amendatory Act of 1993, any active member of the State
2 Employees' Retirement System who was earning eligible
3 creditable service under subdivision (b)(12) of Section
4 14-110 on January 1, 1992 and who has at least 17 years of
5 creditable service under this Article may apply for transfer
6 of his creditable service accumulated under this Article to
7 the State Employees' Retirement System. At the time of the
8 transfer the Fund shall pay to the State Employees'
9 Retirement System an amount equal to:
10 (1) the amounts accumulated to the credit of the
11 applicant on the books of the Fund on the date of
12 transfer; and
13 (2) the corresponding municipality credits,
14 including interest, on the books of the Fund on the date
15 of transfer.
16 Participation in this Fund shall terminate on the date of
17 transfer.
18 (Source: P.A. 86-1488; 87-1265.)
19 (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
20 Sec. 7-139.8. Transfer to Article 14 System.
21 (a) Any active member of the State Employees' Retirement
22 System who is an investigator for the Office of the State's
23 Attorneys Appellate Prosecutor and until March 31, 1998, any
24 active member of the State Employees' Retirement System who
25 is a controlled substance inspector may apply for transfer of
26 his or her credits and creditable service accumulated in this
27 Fund for service as a sheriff's law enforcement employee to
28 the State Employees' Retirement System in accordance with
29 Section 14-110. The creditable service shall be transferred
30 only upon payment by this Fund to the State Employees'
31 Retirement System of an amount equal to:
32 (1) the amounts accumulated to the credit of the
33 applicant for service as a sheriff's law enforcement
-4- LRB9000635EGfg
1 employee, including interest; and
2 (2) municipality credits based on such service,
3 including interest; and
4 (3) any interest paid by the applicant to reinstate
5 such service.
6 Participation in this Fund as to any credits transferred
7 under this Section shall terminate on the date of transfer.
8 (b) Any such investigator or inspector may reinstate
9 credits and creditable service terminated upon receipt of a
10 separation benefit, by paying to the Fund the amount of the
11 separation benefit plus interest thereon at the rate of 6%
12 per year to the date of payment.
13 (Source: P.A. 87-1265.)
14 (40 ILCS 5/14-104.10 new)
15 Sec. 14-104.10. Federal employment. A contributing
16 employee may establish additional service credit for a period
17 of up to 5 years of employment by the United States federal
18 government for which he or she does not qualify for credit
19 under any other provision of this Article, provided that (1)
20 the amount of service credit established by the person under
21 this Section, when added to the amount of all military
22 service credit granted to the person under this Article,
23 shall not exceed 5 years, and (2) any credit received for the
24 federal employment in any federal or other public pension
25 fund or retirement system has been terminated or
26 relinquished.
27 In order to establish service credit under this Section,
28 the applicant must submit a written application to the
29 System, including such documentation of the federal
30 employment as the Board may require, and pay to the System
31 (1) employee contributions at the rates provided in this
32 Article based upon the person's salary on the last day as a
33 participating employee prior to the federal employment, or on
-5- LRB9000635EGfg
1 the first day as a participating employee after the federal
2 employment, whichever is greater, plus (2) an amount
3 determined by the Board to be equal to the employer's normal
4 cost of the benefits accrued for the federal employment, plus
5 (3) regular interest on items (1) and (2) from the date of
6 conclusion of the federal service to the date of payment.
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.
32 Such annuity shall be subject to a maximum of 75% of
33 final average compensation. These rates shall not be
-6- LRB9000635EGfg
1 applicable to any service performed by a member as a covered
2 employee which is not eligible creditable service. Service
3 as a covered employee which is not eligible creditable
4 service shall be subject to the rates and provisions of
5 Section 14-108.
6 (b) For the purpose of this Section, "eligible
7 creditable service" means creditable service resulting from
8 service in one or more of the following positions:
9 (1) State policeman;
10 (2) fire fighter in the fire protection service of
11 a department;
12 (3) air pilot;
13 (4) special agent;
14 (5) investigator for the Secretary of State;
15 (6) conservation police officer;
16 (7) investigator for the Department of Revenue;
17 (8) security employee of the Department of Mental
18 Health and Developmental Disabilities;
19 (9) Central Management Services security police
20 officer;
21 (10) security employee of the Department of
22 Corrections;
23 (11) dangerous drugs investigator;
24 (12) investigator for the Department of State
25 Police;
26 (13) investigator for the Office of the Attorney
27 General;
28 (14) controlled substance inspector;
29 (15) investigator for the Office of the State's
30 Attorneys Appellate Prosecutor;
31 (16) Commerce Commission police officer.
32 A person employed in one of the positions specified in
33 this subsection is entitled to eligible creditable service
34 for service credit earned under this Article while undergoing
-7- LRB9000635EGfg
1 the basic police training course approved by the Illinois
2 Local Governmental Law Enforcement Officers Training Board,
3 if completion of that training is required of persons serving
4 in that position. For the purposes of this Code, service
5 during the required basic police training course shall be
6 deemed performance of the duties of the specified position,
7 even though the person is not a sworn peace officer at the
8 time of the training.
9 (c) For the purposes of this Section:
10 (1) The term "state policeman" includes any title
11 or position in the Department of State Police that is
12 held by an individual employed under the State Police
13 Act.
14 (2) The term "fire fighter in the fire protection
15 service of a department" includes all officers in such
16 fire protection service including fire chiefs and
17 assistant fire chiefs.
18 (3) The term "air pilot" includes any employee
19 whose official job description on file in the Department
20 of Central Management Services, or in the department by
21 which he is employed if that department is not covered by
22 the Personnel Code, states that his principal duty is the
23 operation of aircraft, and who possesses a pilot's
24 license; however, the change in this definition made by
25 this amendatory Act of 1983 shall not operate to exclude
26 any noncovered employee who was an "air pilot" for the
27 purposes of this Section on January 1, 1984.
28 (4) The term "special agent" means any person who
29 by reason of employment by the Division of Narcotic
30 Control, the Bureau of Investigation or, after July 1,
31 1977, the Division of Criminal Investigation, the
32 Division of Internal Investigation or any other Division
33 or organizational entity in the Department of State
34 Police is vested by law with duties to maintain public
-8- LRB9000635EGfg
1 order, investigate violations of the criminal law of this
2 State, enforce the laws of this State, make arrests and
3 recover property. The term "special agent" includes any
4 title or position in the Department of State Police that
5 is held by an individual employed under the State Police
6 Act.
7 (5) The term "investigator for the Secretary of
8 State" means any person employed by the Office of the
9 Secretary of State and vested with such investigative
10 duties as render him ineligible for coverage under the
11 Social Security Act by reason of Sections 218(d)(5)(A),
12 218(d)(8)(D) and 218(l)(1) of that Act.
13 A person who became employed as an investigator for
14 the Secretary of State between January 1, 1967 and
15 December 31, 1975, and who has served as such until
16 attainment of age 60, either continuously or with a
17 single break in service of not more than 3 years
18 duration, which break terminated before January 1, 1976,
19 shall be entitled to have his retirement annuity
20 calculated in accordance with subsection (a),
21 notwithstanding that he has less than 20 years of credit
22 for such service.
23 (6) The term "Conservation Police Officer" means
24 any person employed by the Division of Law Enforcement of
25 the Department of Natural Resources and vested with such
26 law enforcement duties as render him ineligible for
27 coverage under the Social Security Act by reason of
28 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
29 that Act. The term "Conservation Police Officer"
30 includes the positions of Chief Conservation Police
31 Administrator and Assistant Conservation Police
32 Administrator.
33 (7) The term "investigator for the Department of
34 Revenue" means any person employed by the Department of
-9- LRB9000635EGfg
1 Revenue and vested with such investigative duties as
2 render him ineligible for coverage under the Social
3 Security Act by reason of Sections 218(d)(5)(A),
4 218(d)(8)(D) and 218(l)(1) of that Act.
5 (8) The term "security employee of the Department
6 of Mental Health and Developmental Disabilities" means
7 any person employed by the Department of Mental Health
8 and Developmental Disabilities who is employed at the
9 Chester Mental Health Center and has daily contact with
10 the residents thereof, or who is a mental health police
11 officer. "Mental health police officer" means any person
12 employed by the Department of Mental Health and
13 Developmental Disabilities who is vested with such law
14 enforcement duties as render him ineligible for coverage
15 under the Social Security Act by reason of Sections
16 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
17 (9) "Central Management Services security police
18 officer" means any person employed by the Department of
19 Central Management Services who is vested with such law
20 enforcement duties as render him ineligible for coverage
21 under the Social Security Act by reason of Sections
22 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
23 (10) The term "security employee of the Department
24 of Corrections" means any employee of the Department of
25 Corrections or the former Department of Personnel, and
26 any member or employee of the Prisoner Review Board, who
27 has daily contact with inmates by working within a
28 correctional facility or who is a parole officer or an
29 employee who has direct contact with committed persons in
30 the performance of his or her job duties.
31 (11) The term "dangerous drugs investigator" means
32 any person who is employed as such by the Department of
33 Alcoholism and Substance Abuse.
34 (12) The term "investigator for the Department of
-10- LRB9000635EGfg
1 State Police" means a person employed by the Department
2 of State Police who is vested under Section 4 of the
3 Narcotic Control Division Abolition Act with such law
4 enforcement powers as render him ineligible for coverage
5 under the Social Security Act by reason of Sections
6 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
7 (13) "Investigator for the Office of the Attorney
8 General" means any person who is employed as such by the
9 Office of the Attorney General and is vested with such
10 investigative duties as render him ineligible for
11 coverage under the Social Security Act by reason of
12 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
13 Act. For the period before January 1, 1989, the term
14 includes all persons who were employed as investigators
15 by the Office of the Attorney General, without regard to
16 social security status.
17 (14) "Controlled substance inspector" means any
18 person who is employed as such by the Department of
19 Professional Regulation and is vested with such law
20 enforcement duties as render him ineligible for coverage
21 under the Social Security Act by reason of Sections
22 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
23 The term "controlled substance inspector" includes the
24 Program Executive of Enforcement and the Assistant
25 Program Executive of Enforcement.
26 (15) The term "investigator for the Office of the
27 State's Attorneys Appellate Prosecutor" means a person
28 employed in that capacity on a full time basis under the
29 authority of Section 7.06 of the State's Attorneys
30 Appellate Prosecutor's Act.
31 (16) "Commerce Commission police officer" means any
32 person employed by the Illinois Commerce Commission who
33 is vested with such law enforcement duties as render him
34 ineligible for coverage under the Social Security Act by
-11- LRB9000635EGfg
1 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
2 218(l)(1) of that Act.
3 (d) A security employee of the Department of
4 Corrections, and a security employee of the Department of
5 Mental Health and Developmental Disabilities who is not a
6 mental health police officer, shall not be eligible for the
7 alternative retirement annuity provided by this Section
8 unless he or she meets the following minimum age and service
9 requirements at the time of retirement:
10 (i) 25 years of eligible creditable service and age
11 55; or
12 (ii) beginning January 1, 1987, 25 years of
13 eligible creditable service and age 54, or 24 years of
14 eligible creditable service and age 55; or
15 (iii) beginning January 1, 1988, 25 years of
16 eligible creditable service and age 53, or 23 years of
17 eligible creditable service and age 55; or
18 (iv) beginning January 1, 1989, 25 years of
19 eligible creditable service and age 52, or 22 years of
20 eligible creditable service and age 55; or
21 (v) beginning January 1, 1990, 25 years of eligible
22 creditable service and age 51, or 21 years of eligible
23 creditable service and age 55; or
24 (vi) beginning January 1, 1991, 25 years of
25 eligible creditable service and age 50, or 20 years of
26 eligible creditable service and age 55.
27 Persons who have service credit under Article 16 of this
28 Code for service as a security employee of the Department of
29 Corrections in a position requiring certification as a
30 teacher may count such service toward establishing their
31 eligibility under the service requirements of this Section;
32 but such service may be used only for establishing such
33 eligibility, and not for the purpose of increasing or
34 calculating any benefit.
-12- LRB9000635EGfg
1 (e) If a member enters military service while working in
2 a position in which eligible creditable service may be
3 earned, and returns to State service in the same or another
4 such position, and fulfills in all other respects the
5 conditions prescribed in this Article for credit for military
6 service, such military service shall be credited as eligible
7 creditable service for the purposes of the retirement annuity
8 prescribed in this Section.
9 (f) For purposes of calculating retirement annuities
10 under this Section, periods of service rendered after
11 December 31, 1968 and before October 1, 1975 as a covered
12 employee in the position of special agent, conservation
13 police officer, mental health police officer, or investigator
14 for the Secretary of State, shall be deemed to have been
15 service as a noncovered employee, provided that the employee
16 pays to the System prior to retirement an amount equal to (1)
17 the difference between the employee contributions that would
18 have been required for such service as a noncovered employee,
19 and the amount of employee contributions actually paid, plus
20 (2) if payment is made after July 31, 1987, regular interest
21 on the amount specified in item (1) from the date of service
22 to the date of payment.
23 For purposes of calculating retirement annuities under
24 this Section, periods of service rendered after December 31,
25 1968 and before January 1, 1982 as a covered employee in the
26 position of investigator for the Department of Revenue shall
27 be deemed to have been service as a noncovered employee,
28 provided that the employee pays to the System prior to
29 retirement an amount equal to (1) the difference between the
30 employee contributions that would have been required for such
31 service as a noncovered employee, and the amount of employee
32 contributions actually paid, plus (2) if payment is made
33 after January 1, 1990, regular interest on the amount
34 specified in item (1) from the date of service to the date of
-13- LRB9000635EGfg
1 payment.
2 (g) A State policeman may elect, not later than January
3 1, 1990, to establish eligible creditable service for up to
4 10 years of his service as a policeman under Article 3, by
5 filing a written election with the Board, accompanied by
6 payment of an amount to be determined by the Board, equal to
7 (i) the difference between the amount of employee and
8 employer contributions transferred to the System under
9 Section 3-110.5, and the amounts that would have been
10 contributed had such contributions been made at the rates
11 applicable to State policemen, plus (ii) interest thereon at
12 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 may elect, not later than July 1, 1993, to
16 establish eligible creditable service for up to 10 years of
17 his service as a member of the County Police Department under
18 Article 9, by filing a written election with the Board,
19 accompanied by payment of an amount to be determined by the
20 Board, equal to (i) the difference between the amount of
21 employee and employer contributions transferred to the System
22 under Section 9-121.10 and the amounts that would have been
23 contributed had those contributions been made at the rates
24 applicable to State policemen, plus (ii) interest thereon at
25 the effective rate for each year, compounded annually, from
26 the date of service to the date of payment.
27 (h) Subject to the limitation in subsection (i), a State
28 policeman or investigator for the Secretary of State may
29 elect to establish eligible creditable service for up to 12
30 years of his service as a policeman under Article 5, by
31 filing a written election with the Board on or before January
32 31, 1992, and paying to the System by January 31, 1994 an
33 amount to be determined by the Board, equal to (i) the
34 difference between the amount of employee and employer
-14- LRB9000635EGfg
1 contributions transferred to the System under Section 5-236,
2 and the amounts that would have been contributed had such
3 contributions been made at the rates applicable to State
4 policemen, plus (ii) interest thereon at the effective rate
5 for each year, compounded annually, from the date of service
6 to the date of payment.
7 Subject to the limitation in subsection (i), a controlled
8 substance inspector may elect to establish eligible
9 creditable service for up to 12 years of his service as a
10 policeman under Article 5, by filing a written election with
11 the Board on or before March 31, 1998 and paying to the
12 System by March 31, 2000 an amount to be determined by the
13 Board, equal to (i) the difference between the amount of
14 employee and employer contributions transferred to the System
15 under Section 5-236 and the amounts that would have been
16 contributed had such contributions been made at the rates
17 applicable to State policemen, plus (ii) interest thereon at
18 the effective rate for each year, compounded annually, from
19 the date of service to the date of payment.
20 Subject to the limitation in subsection (i), a State
21 policeman, conservation police officer, or investigator for
22 the Secretary of State may elect to establish eligible
23 creditable service for up to 10 years of service as a
24 sheriff's law enforcement employee under Article 7, by filing
25 a written election with the Board on or before January 31,
26 1993, and paying to the System by January 31, 1994 an amount
27 to be determined by the Board, equal to (i) the difference
28 between the amount of employee and employer contributions
29 transferred to the System under Section 7-139.7, and the
30 amounts that would have been contributed had such
31 contributions been made at the rates applicable to State
32 policemen, plus (ii) interest thereon at the effective rate
33 for each year, compounded annually, from the date of service
34 to the date of payment.
-15- LRB9000635EGfg
1 (i) The total amount of eligible creditable service
2 established by any person under subsections (g), (h), and
3 (j), and (k) of this Section shall not exceed 12 years.
4 (j) Subject to the limitation in subsection (i), an
5 investigator for the Office of the State's Attorneys
6 Appellate Prosecutor may elect to establish eligible
7 creditable service for up to 10 years of his service as a
8 policeman under Article 3 or a sheriff's law enforcement
9 employee under Article 7, by filing a written election with
10 the Board, accompanied by payment of an amount to be
11 determined by the Board, equal to (1) the difference between
12 the amount of employee and employer contributions transferred
13 to the System under Section 3-110.6 or 7-139.8, and the
14 amounts that would have been contributed had such
15 contributions been made at the rates applicable to State
16 policemen, plus (2) interest thereon at the effective rate
17 for each year, compounded annually, from the date of service
18 to the date of payment.
19 Subject to the limitation in subsection (i), a controlled
20 substance inspector may elect to establish eligible
21 creditable service for up to 10 years of service as a
22 policeman under Article 3 or a sheriff's law enforcement
23 employee under Article 7, by filing a written election with
24 the Board no later than March 31, 1998 and paying to the
25 System by March 31, 2000 an amount to be determined by the
26 Board, equal to (1) the difference between the amount of
27 employee and employer contributions transferred to the System
28 under Section 3-110.6 or 7-139.8, and the amounts that would
29 have been contributed had such contributions been made at the
30 rates applicable to State policemen, plus (2) interest
31 thereon at the effective rate for each year, compounded
32 annually, from the date of service to the date of payment.
33 (k) Subject to the limitation in subsection (i) of this
34 Section, a controlled substance inspector may elect, no later
-16- LRB9000635EGfg
1 than March 31, 1998, to establish eligible creditable service
2 for periods spent as a full-time law enforcement officer
3 employed by the federal government, AMTRAK, or a state,
4 county, or local government, for which credit is not held in
5 any other public employee pension fund or retirement system,
6 by filing a written election with the Board, accompanied by
7 evidence of eligibility acceptable to the Board, and payment
8 of an amount to be determined by the Board, equal to (i) the
9 amount of employee and employer contributions that would have
10 been contributed had those contributions been made during the
11 period for which credit is sought, based on the rates then
12 applicable and the salary received by the applicant upon
13 first entering service as a controlled substance inspector
14 after the period for which credit is sought, plus (ii)
15 interest thereon at the effective rate for each year,
16 compounded annually, from the date of service to the date of
17 payment.
18 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
19 (Text of Section after amendment by P.A. 89-507)
20 Sec. 14-110. Alternative retirement annuity.
21 (a) Any member who has withdrawn from service with not
22 less than 20 years of eligible creditable service and has
23 attained age 55, and any member who has withdrawn from
24 service with not less than 25 years of eligible creditable
25 service and has attained age 50, regardless of whether the
26 attainment of either of the specified ages occurs while the
27 member is still in service, shall be entitled to receive at
28 the option of the member, in lieu of the regular or minimum
29 retirement annuity, a retirement annuity computed as
30 follows:
31 (i) for periods of service as a noncovered
32 employee, 2 1/4% of final average compensation for each
33 of the first 10 years of creditable service, 2 1/2% for
34 each year above 10 years to and including 20 years of
-17- LRB9000635EGfg
1 creditable service, and 2 3/4% for each year of
2 creditable service above 20 years; and
3 (ii) for periods of eligible creditable service as
4 a covered employee, 1.67% of final average compensation
5 for each of the first 10 years of such service, 1.90% for
6 each of the next 10 years of such service, 2.10% for each
7 year of such service in excess of 20 but not exceeding
8 30, and 2.30% for each year in excess of 30.
9 Such annuity shall be subject to a maximum of 75% of
10 final average compensation. These rates shall not be
11 applicable to any service performed by a member as a covered
12 employee which is not eligible creditable service. Service
13 as a covered employee which is not eligible creditable
14 service shall be subject to the rates and provisions of
15 Section 14-108.
16 (b) For the purpose of this Section, "eligible
17 creditable service" means creditable service resulting from
18 service in one or more of the following positions:
19 (1) State policeman;
20 (2) fire fighter in the fire protection service of
21 a department;
22 (3) air pilot;
23 (4) special agent;
24 (5) investigator for the Secretary of State;
25 (6) conservation police officer;
26 (7) investigator for the Department of Revenue;
27 (8) security employee of the Department of Human
28 Services;
29 (9) Central Management Services security police
30 officer;
31 (10) security employee of the Department of
32 Corrections;
33 (11) dangerous drugs investigator;
34 (12) investigator for the Department of State
-18- LRB9000635EGfg
1 Police;
2 (13) investigator for the Office of the Attorney
3 General;
4 (14) controlled substance inspector;
5 (15) investigator for the Office of the State's
6 Attorneys Appellate Prosecutor;
7 (16) Commerce Commission police officer.
8 A person employed in one of the positions specified in
9 this subsection is entitled to eligible creditable service
10 for service credit earned under this Article while undergoing
11 the basic police training course approved by the Illinois
12 Local Governmental Law Enforcement Officers Training Board,
13 if completion of that training is required of persons serving
14 in that position. For the purposes of this Code, service
15 during the required basic police training course shall be
16 deemed performance of the duties of the specified position,
17 even though the person is not a sworn peace officer at the
18 time of the training.
19 (c) For the purposes of this Section:
20 (1) The term "state policeman" includes any title
21 or position in the Department of State Police that is
22 held by an individual employed under the State Police
23 Act.
24 (2) The term "fire fighter in the fire protection
25 service of a department" includes all officers in such
26 fire protection service including fire chiefs and
27 assistant fire chiefs.
28 (3) The term "air pilot" includes any employee
29 whose official job description on file in the Department
30 of Central Management Services, or in the department by
31 which he is employed if that department is not covered by
32 the Personnel Code, states that his principal duty is the
33 operation of aircraft, and who possesses a pilot's
34 license; however, the change in this definition made by
-19- LRB9000635EGfg
1 this amendatory Act of 1983 shall not operate to exclude
2 any noncovered employee who was an "air pilot" for the
3 purposes of this Section on January 1, 1984.
4 (4) The term "special agent" means any person who
5 by reason of employment by the Division of Narcotic
6 Control, the Bureau of Investigation or, after July 1,
7 1977, the Division of Criminal Investigation, the
8 Division of Internal Investigation or any other Division
9 or organizational entity in the Department of State
10 Police is vested by law with duties to maintain public
11 order, investigate violations of the criminal law of this
12 State, enforce the laws of this State, make arrests and
13 recover property. The term "special agent" includes any
14 title or position in the Department of State Police that
15 is held by an individual employed under the State Police
16 Act.
17 (5) The term "investigator for the Secretary of
18 State" means any person employed by the Office of the
19 Secretary of State and vested with such investigative
20 duties as render him ineligible for coverage under the
21 Social Security Act by reason of Sections 218(d)(5)(A),
22 218(d)(8)(D) and 218(l)(1) of that Act.
23 A person who became employed as an investigator for
24 the Secretary of State between January 1, 1967 and
25 December 31, 1975, and who has served as such until
26 attainment of age 60, either continuously or with a
27 single break in service of not more than 3 years
28 duration, which break terminated before January 1, 1976,
29 shall be entitled to have his retirement annuity
30 calculated in accordance with subsection (a),
31 notwithstanding that he has less than 20 years of credit
32 for such service.
33 (6) The term "Conservation Police Officer" means
34 any person employed by the Division of Law Enforcement of
-20- LRB9000635EGfg
1 the Department of Natural Resources and vested with such
2 law enforcement duties as render him ineligible for
3 coverage under the Social Security Act by reason of
4 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
5 that Act. The term "Conservation Police Officer"
6 includes the positions of Chief Conservation Police
7 Administrator and Assistant Conservation Police
8 Administrator.
9 (7) The term "investigator for the Department of
10 Revenue" means any person employed by the Department of
11 Revenue and vested with such investigative duties as
12 render him ineligible for coverage under the Social
13 Security Act by reason of Sections 218(d)(5)(A),
14 218(d)(8)(D) and 218(l)(1) of that Act.
15 (8) The term "security employee of the Department
16 of Human Services" means any person employed by the
17 Department of Human Services who is employed at the
18 Chester Mental Health Center and has daily contact with
19 the residents thereof, or who is a mental health police
20 officer. "Mental health police officer" means any person
21 employed by the Department of Human Services in a
22 position pertaining to the Department's mental health and
23 developmental disabilities functions who is vested with
24 such law enforcement duties as render the person
25 ineligible for coverage under the Social Security Act by
26 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
27 218(l)(1) of that Act.
28 (9) "Central Management Services security police
29 officer" means any person employed by the Department of
30 Central Management Services who is vested with such law
31 enforcement duties as render him ineligible for coverage
32 under the Social Security Act by reason of Sections
33 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
34 (10) The term "security employee of the Department
-21- LRB9000635EGfg
1 of Corrections" means any employee of the Department of
2 Corrections or the former Department of Personnel, and
3 any member or employee of the Prisoner Review Board, who
4 has daily contact with inmates by working within a
5 correctional facility or who is a parole officer or an
6 employee who has direct contact with committed persons in
7 the performance of his or her job duties.
8 (11) The term "dangerous drugs investigator" means
9 any person who is employed as such by the Department of
10 Human Services.
11 (12) The term "investigator for the Department of
12 State Police" means a person employed by the Department
13 of State Police who is vested under Section 4 of the
14 Narcotic Control Division Abolition Act with such law
15 enforcement powers as render him ineligible for coverage
16 under the Social Security Act by reason of Sections
17 218(d)(5)(A), 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
22 coverage under the Social Security Act by reason of
23 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
24 Act. For the period before January 1, 1989, the term
25 includes all persons who were employed as investigators
26 by the Office of the Attorney General, without regard to
27 social security status.
28 (14) "Controlled substance inspector" means any
29 person who is employed as such by the Department of
30 Professional Regulation and is vested with such law
31 enforcement duties as render him ineligible for coverage
32 under the Social Security Act by reason of Sections
33 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
34 The term "controlled substance inspector" includes the
-22- LRB9000635EGfg
1 Program Executive of Enforcement and the Assistant
2 Program Executive of Enforcement.
3 (15) The term "investigator for the Office of the
4 State's Attorneys Appellate Prosecutor" means a person
5 employed in that capacity on a full time basis under the
6 authority of Section 7.06 of the State's Attorneys
7 Appellate Prosecutor's Act.
8 (16) "Commerce Commission police officer" means any
9 person employed by the Illinois Commerce Commission who
10 is vested with such law enforcement duties as render him
11 ineligible for coverage under the Social Security Act by
12 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
13 218(l)(1) of that Act.
14 (d) A security employee of the Department of
15 Corrections, and a security employee of the Department of
16 Human Services who is not a mental health police officer,
17 shall not be eligible for the alternative retirement annuity
18 provided by this Section unless he or she meets the following
19 minimum age and service requirements at the time of
20 retirement:
21 (i) 25 years of eligible creditable service and age
22 55; or
23 (ii) beginning January 1, 1987, 25 years of
24 eligible creditable service and age 54, or 24 years of
25 eligible creditable service and age 55; or
26 (iii) beginning January 1, 1988, 25 years of
27 eligible creditable service and age 53, or 23 years of
28 eligible creditable service and age 55; or
29 (iv) beginning January 1, 1989, 25 years of
30 eligible creditable service and age 52, or 22 years of
31 eligible creditable service and age 55; or
32 (v) beginning January 1, 1990, 25 years of eligible
33 creditable service and age 51, or 21 years of eligible
34 creditable service and age 55; or
-23- LRB9000635EGfg
1 (vi) beginning January 1, 1991, 25 years of
2 eligible creditable service and age 50, or 20 years of
3 eligible creditable service and age 55.
4 Persons who have service credit under Article 16 of this
5 Code for service as a security employee of the Department of
6 Corrections in a position requiring certification as a
7 teacher may count such service toward establishing their
8 eligibility under the service requirements of this Section;
9 but such service may be used only for establishing such
10 eligibility, and not for the purpose of increasing or
11 calculating any benefit.
12 (e) If a member enters military service while working in
13 a position in which eligible creditable service may be
14 earned, and returns to State service in the same or another
15 such position, and fulfills in all other respects the
16 conditions prescribed in this Article for credit for military
17 service, such military service shall be credited as eligible
18 creditable service for the purposes of the retirement annuity
19 prescribed in this Section.
20 (f) For purposes of calculating retirement annuities
21 under this Section, periods of service rendered after
22 December 31, 1968 and before October 1, 1975 as a covered
23 employee in the position of special agent, conservation
24 police officer, mental health police officer, or investigator
25 for the Secretary of State, shall be deemed to have been
26 service as a noncovered employee, provided that the employee
27 pays to the System prior to retirement an amount equal to (1)
28 the difference between the employee contributions that would
29 have been required for such service as a noncovered employee,
30 and the amount of employee contributions actually paid, plus
31 (2) if payment is made after July 31, 1987, regular interest
32 on the amount specified in item (1) from the date of service
33 to the date of payment.
34 For purposes of calculating retirement annuities under
-24- LRB9000635EGfg
1 this Section, periods of service rendered after December 31,
2 1968 and before January 1, 1982 as a covered employee in the
3 position of investigator for the Department of Revenue shall
4 be deemed to have been service as a noncovered employee,
5 provided that the employee pays to the System prior to
6 retirement an amount equal to (1) the difference between the
7 employee contributions that would have been required for such
8 service as a noncovered employee, and the amount of employee
9 contributions actually paid, plus (2) if payment is made
10 after January 1, 1990, regular interest on the amount
11 specified in item (1) from the date of service to the date of
12 payment.
13 (g) A State policeman may elect, not later than January
14 1, 1990, to establish eligible creditable service for up to
15 10 years of his service as a policeman under Article 3, by
16 filing a written election with the Board, accompanied by
17 payment of an amount to be determined by the Board, equal to
18 (i) the difference between the amount of employee and
19 employer contributions transferred to the System under
20 Section 3-110.5, and the amounts that would have been
21 contributed had such contributions been made at the rates
22 applicable to State policemen, plus (ii) interest thereon at
23 the effective rate for each year, compounded annually, from
24 the date of service to the date of payment.
25 Subject to the limitation in subsection (i), a State
26 policeman may elect, not later than July 1, 1993, to
27 establish eligible creditable service for up to 10 years of
28 his service as a member of the County Police Department under
29 Article 9, by filing a written election with the Board,
30 accompanied by payment of an amount to be determined by the
31 Board, equal to (i) the difference between the amount of
32 employee and employer contributions transferred to the System
33 under Section 9-121.10 and the amounts that would have been
34 contributed had those contributions been made at the rates
-25- LRB9000635EGfg
1 applicable to State policemen, plus (ii) interest thereon at
2 the effective rate for each year, compounded annually, from
3 the date of service to the date of payment.
4 (h) Subject to the limitation in subsection (i), a State
5 policeman or investigator for the Secretary of State may
6 elect to establish eligible creditable service for up to 12
7 years of his service as a policeman under Article 5, by
8 filing a written election with the Board on or before January
9 31, 1992, and paying to the System by January 31, 1994 an
10 amount to be determined by the Board, equal to (i) the
11 difference between the amount of employee and employer
12 contributions transferred to the System under Section 5-236,
13 and the amounts that would have been contributed had such
14 contributions been made at the rates applicable to State
15 policemen, plus (ii) interest thereon at the effective rate
16 for each year, compounded annually, from the date of service
17 to the date of payment.
18 Subject to the limitation in subsection (i), a controlled
19 substance inspector may elect to establish eligible
20 creditable service for up to 12 years of his service as a
21 policeman under Article 5, by filing a written election with
22 the Board on or before March 31, 1998 and paying to the
23 System by March 31, 2000 an amount to be determined by the
24 Board, equal to (i) the difference between the amount of
25 employee and employer contributions transferred to the System
26 under Section 5-236 and the amounts that would have been
27 contributed had such contributions been made at the rates
28 applicable to State policemen, plus (ii) interest thereon at
29 the effective rate for each year, compounded annually, from
30 the date of service to the date of payment.
31 Subject to the limitation in subsection (i), a State
32 policeman, conservation police officer, or investigator for
33 the Secretary of State may elect to establish eligible
34 creditable service for up to 10 years of service as a
-26- LRB9000635EGfg
1 sheriff's law enforcement employee under Article 7, by filing
2 a written election with the Board on or before January 31,
3 1993, and paying to the System by January 31, 1994 an amount
4 to be determined by the Board, equal to (i) the difference
5 between the amount of employee and employer contributions
6 transferred to the System under Section 7-139.7, and the
7 amounts that would have been contributed had such
8 contributions been made at the rates applicable to State
9 policemen, plus (ii) interest thereon at the effective rate
10 for each year, compounded annually, from the date of service
11 to the date of payment.
12 (i) The total amount of eligible creditable service
13 established by any person under subsections (g), (h), and
14 (j), and (k) of this Section shall not exceed 12 years.
15 (j) Subject to the limitation in subsection (i), an
16 investigator for the Office of the State's Attorneys
17 Appellate Prosecutor may elect to establish eligible
18 creditable service for up to 10 years of his service as a
19 policeman under Article 3 or a sheriff's law enforcement
20 employee under Article 7, by filing a written election with
21 the Board, accompanied by payment of an amount to be
22 determined by the Board, equal to (1) the difference between
23 the amount of employee and employer contributions transferred
24 to the System under Section 3-110.6 or 7-139.8, and the
25 amounts that would have been contributed had such
26 contributions been made at the rates applicable to State
27 policemen, plus (2) interest thereon at the effective rate
28 for each year, compounded annually, from the date of service
29 to the date of payment.
30 Subject to the limitation in subsection (i), a controlled
31 substance inspector may elect to establish eligible
32 creditable service for up to 10 years of service as a
33 policeman under Article 3 or a sheriff's law enforcement
34 employee under Article 7, by filing a written election with
-27- LRB9000635EGfg
1 the Board no later than March 31, 1998 and paying to the
2 System by March 31, 2000 an amount to be determined by the
3 Board, equal to (1) the difference between the amount of
4 employee and employer contributions transferred to the System
5 under Section 3-110.6 or 7-139.8, and the amounts that would
6 have been contributed had such contributions been made at the
7 rates applicable to State policemen, plus (2) interest
8 thereon at the effective rate for each year, compounded
9 annually, from the date of service to the date of payment.
10 (k) Subject to the limitation in subsection (i) of this
11 Section, a controlled substance inspector may elect, no later
12 than March 31, 1998, to establish eligible creditable service
13 for periods spent as a full-time law enforcement officer
14 employed by the federal government, AMTRAK, or a state,
15 county, or local government, for which credit is not held in
16 any other public employee pension fund or retirement system,
17 by filing a written election with the Board, accompanied by
18 evidence of eligibility acceptable to the Board, and payment
19 of an amount to be determined by the Board, equal to (i) the
20 amount of employee and employer contributions that would have
21 been contributed had those contributions been made during the
22 period for which credit is sought, based on the rates then
23 applicable and the salary received by the applicant upon
24 first entering service as a controlled substance inspector
25 after the period for which credit is sought, plus (ii)
26 interest thereon at the effective rate for each year,
27 compounded annually, from the date of service to the date of
28 payment.
29 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
30 89-507, eff. 7-1-97.)
31 Section 95. No acceleration or delay. Where this Act
32 makes changes in a statute that is represented in this Act by
33 text that is not yet or no longer in effect (for example, a
-28- LRB9000635EGfg
1 Section represented by multiple versions), the use of that
2 text does not accelerate or delay the taking effect of (i)
3 the changes made by this Act or (ii) provisions derived from
4 any other Public Act.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.