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90_SB0649
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the State Employees Article of the Pension Code to
allow security employees of the Department of Corrections to
vest in the alternative (State police) formula after 8
(rather than 20) years of service. Effective immediately.
LRB9002894EGfg
LRB9002894EGfg
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10 (a) Any member who has withdrawn from service with not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12 attained age 55, and any member who has withdrawn from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, and any member who has
15 withdrawn from service with not less than 8 years of eligible
16 creditable service as a security employee of the Department
17 of Corrections and has attained age 55, regardless of whether
18 the attainment of either of the specified ages occurs while
19 the member is still in service, shall be entitled to receive
20 at the option of the member, in lieu of the regular or
21 minimum retirement annuity, a retirement annuity computed as
22 follows:
23 (i) for periods of service as a noncovered
24 employee, 2 1/4% of final average compensation for each
25 of the first 10 years of creditable service, 2 1/2% for
26 each year above 10 years to and including 20 years of
27 creditable service, and 2 3/4% for each year of
28 creditable service above 20 years; and
29 (ii) for periods of eligible creditable service as
30 a covered employee, 1.67% of final average compensation
31 for each of the first 10 years of such service, 1.90% for
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1 each of the next 10 years of such service, 2.10% for each
2 year of such service in excess of 20 but not exceeding
3 30, and 2.30% for each year in excess of 30.
4 Such annuity shall be subject to a maximum of 75% of
5 final average compensation. These rates shall not be
6 applicable to any service performed by a member as a covered
7 employee which is not eligible creditable service. Service
8 as a covered employee which is not eligible creditable
9 service shall be subject to the rates and provisions of
10 Section 14-108.
11 (b) For the purpose of this Section, "eligible
12 creditable service" means creditable service resulting from
13 service in one or more of the following positions:
14 (1) State policeman;
15 (2) fire fighter in the fire protection service of
16 a department;
17 (3) air pilot;
18 (4) special agent;
19 (5) investigator for the Secretary of State;
20 (6) conservation police officer;
21 (7) investigator for the Department of Revenue;
22 (8) security employee of the Department of Mental
23 Health and Developmental Disabilities;
24 (9) Central Management Services security police
25 officer;
26 (10) security employee of the Department of
27 Corrections;
28 (11) dangerous drugs investigator;
29 (12) investigator for the Department of State
30 Police;
31 (13) investigator for the Office of the Attorney
32 General;
33 (14) controlled substance inspector;
34 (15) investigator for the Office of the State's
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1 Attorneys Appellate Prosecutor;
2 (16) Commerce Commission police officer.
3 A person employed in one of the positions specified in
4 this subsection is entitled to eligible creditable service
5 for service credit earned under this Article while undergoing
6 the basic police training course approved by the Illinois
7 Local Governmental Law Enforcement Officers Training Board,
8 if completion of that training is required of persons serving
9 in that position. For the purposes of this Code, service
10 during the required basic police training course shall be
11 deemed performance of the duties of the specified position,
12 even though the person is not a sworn peace officer at the
13 time of the training.
14 (c) For the purposes of this Section:
15 (1) The term "state policeman" includes any title
16 or position in the Department of State Police that is
17 held by an individual employed under the State Police
18 Act.
19 (2) The term "fire fighter in the fire protection
20 service of a department" includes all officers in such
21 fire protection service including fire chiefs and
22 assistant fire chiefs.
23 (3) The term "air pilot" includes any employee
24 whose official job description on file in the Department
25 of Central Management Services, or in the department by
26 which he is employed if that department is not covered by
27 the Personnel Code, states that his principal duty is the
28 operation of aircraft, and who possesses a pilot's
29 license; however, the change in this definition made by
30 this amendatory Act of 1983 shall not operate to exclude
31 any noncovered employee who was an "air pilot" for the
32 purposes of this Section on January 1, 1984.
33 (4) The term "special agent" means any person who
34 by reason of employment by the Division of Narcotic
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1 Control, the Bureau of Investigation or, after July 1,
2 1977, the Division of Criminal Investigation, the
3 Division of Internal Investigation or any other Division
4 or organizational entity in the Department of State
5 Police is vested by law with duties to maintain public
6 order, investigate violations of the criminal law of this
7 State, enforce the laws of this State, make arrests and
8 recover property. The term "special agent" includes any
9 title or position in the Department of State Police that
10 is held by an individual employed under the State Police
11 Act.
12 (5) The term "investigator for the Secretary of
13 State" means any person employed by the Office of the
14 Secretary of State and vested with such investigative
15 duties 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 A person who became employed as an investigator for
19 the Secretary of State between January 1, 1967 and
20 December 31, 1975, and who has served as such until
21 attainment of age 60, either continuously or with a
22 single break in service of not more than 3 years
23 duration, which break terminated before January 1, 1976,
24 shall be entitled to have his retirement annuity
25 calculated in accordance with subsection (a),
26 notwithstanding that he has less than 20 years of credit
27 for such service.
28 (6) The term "Conservation Police Officer" means
29 any person employed by the Division of Law Enforcement of
30 the Department of Natural Resources and vested with such
31 law enforcement duties as render him ineligible for
32 coverage under the Social Security Act by reason of
33 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
34 that Act. The term "Conservation Police Officer"
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1 includes the positions of Chief Conservation Police
2 Administrator and Assistant Conservation Police
3 Administrator.
4 (7) The term "investigator for the Department of
5 Revenue" means any person employed by the Department of
6 Revenue and vested with such investigative duties as
7 render him ineligible for coverage under the Social
8 Security Act by reason of Sections 218(d)(5)(A),
9 218(d)(8)(D) and 218(l)(1) of that Act.
10 (8) The term "security employee of the Department
11 of Mental Health and Developmental Disabilities" means
12 any person employed by the Department of Mental Health
13 and Developmental Disabilities who is employed at the
14 Chester Mental Health Center and has daily contact with
15 the residents thereof, or who is a mental health police
16 officer. "Mental health police officer" means any person
17 employed by the Department of Mental Health and
18 Developmental Disabilities who is vested with such law
19 enforcement duties as render him ineligible for coverage
20 under the Social Security Act by reason of Sections
21 218(d)(5)(A), 218(d)(8)(D) and 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 Alcoholism and Substance Abuse.
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 (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, and any member who has
19 withdrawn from service with not less than 8 years of eligible
20 creditable service as a security employee of the Department
21 of Corrections and has attained age 55, regardless of whether
22 the attainment of either of the specified ages occurs while
23 the member is still in service, shall be entitled to receive
24 at the option of the member, in lieu of the regular or
25 minimum retirement annuity, a retirement annuity computed as
26 follows:
27 (i) for periods of service as a noncovered
28 employee, 2 1/4% of final average compensation for each
29 of the first 10 years of creditable service, 2 1/2% for
30 each year above 10 years to and including 20 years of
31 creditable service, and 2 3/4% for each year of
32 creditable service above 20 years; and
33 (ii) for periods of eligible creditable service as
34 a covered employee, 1.67% of final average compensation
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1 for each of the first 10 years of such service, 1.90% for
2 each of the next 10 years of such service, 2.10% for each
3 year of such service in excess of 20 but not exceeding
4 30, and 2.30% for each year in excess of 30.
5 Such annuity shall be subject to a maximum of 75% of
6 final average compensation. These rates shall not be
7 applicable to any service performed by a member as a covered
8 employee which is not eligible creditable service. Service
9 as a covered employee which is not eligible creditable
10 service shall be subject to the rates and provisions of
11 Section 14-108.
12 (b) For the purpose of this Section, "eligible
13 creditable service" means creditable service resulting from
14 service in one or more of the following positions:
15 (1) State policeman;
16 (2) fire fighter in the fire protection service of
17 a department;
18 (3) air pilot;
19 (4) special agent;
20 (5) investigator for the Secretary of State;
21 (6) conservation police officer;
22 (7) investigator for the Department of Revenue;
23 (8) security employee of the Department of Human
24 Services;
25 (9) Central Management Services security police
26 officer;
27 (10) security employee of the Department of
28 Corrections;
29 (11) dangerous drugs investigator;
30 (12) investigator for the Department of State
31 Police;
32 (13) investigator for the Office of the Attorney
33 General;
34 (14) controlled substance inspector;
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1 (15) investigator for the Office of the State's
2 Attorneys Appellate Prosecutor;
3 (16) Commerce Commission police officer.
4 A person employed in one of the positions specified in
5 this subsection is entitled to eligible creditable service
6 for service credit earned under this Article while undergoing
7 the basic police training course approved by the Illinois
8 Local Governmental Law Enforcement Officers Training Board,
9 if completion of that training is required of persons serving
10 in that position. For the purposes of this Code, service
11 during the required basic police training course shall be
12 deemed performance of the duties of the specified position,
13 even though the person is not a sworn peace officer at the
14 time of the training.
15 (c) For the purposes of this Section:
16 (1) The term "state policeman" includes any title
17 or position in the Department of State Police that is
18 held by an individual employed under the State Police
19 Act.
20 (2) The term "fire fighter in the fire protection
21 service of a department" includes all officers in such
22 fire protection service including fire chiefs and
23 assistant fire chiefs.
24 (3) The term "air pilot" includes any employee
25 whose official job description on file in the Department
26 of Central Management Services, or in the department by
27 which he is employed if that department is not covered by
28 the Personnel Code, states that his principal duty is the
29 operation of aircraft, and who possesses a pilot's
30 license; however, the change in this definition made by
31 this amendatory Act of 1983 shall not operate to exclude
32 any noncovered employee who was an "air pilot" for the
33 purposes of this Section on January 1, 1984.
34 (4) The term "special agent" means any person who
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1 by reason of employment by the Division of Narcotic
2 Control, the Bureau of Investigation or, after July 1,
3 1977, the Division of Criminal Investigation, the
4 Division of Internal Investigation or any other Division
5 or organizational entity in the Department of State
6 Police is vested by law with duties to maintain public
7 order, investigate violations of the criminal law of this
8 State, enforce the laws of this State, make arrests and
9 recover property. The term "special agent" includes any
10 title or position in the Department of State Police that
11 is held by an individual employed under the State Police
12 Act.
13 (5) The term "investigator for the Secretary of
14 State" means any person employed by the Office of the
15 Secretary of State and vested with such investigative
16 duties as render him ineligible for coverage under the
17 Social Security Act by reason of Sections 218(d)(5)(A),
18 218(d)(8)(D) and 218(l)(1) of that Act.
19 A person who became employed as an investigator for
20 the Secretary of State between January 1, 1967 and
21 December 31, 1975, and who has served as such until
22 attainment of age 60, either continuously or with a
23 single break in service of not more than 3 years
24 duration, which break terminated before January 1, 1976,
25 shall be entitled to have his retirement annuity
26 calculated in accordance with subsection (a),
27 notwithstanding that he has less than 20 years of credit
28 for such service.
29 (6) The term "Conservation Police Officer" means
30 any person employed by the Division of Law Enforcement of
31 the Department of Natural Resources and vested with such
32 law enforcement duties as render him ineligible for
33 coverage under the Social Security Act by reason of
34 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
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1 that Act. The term "Conservation Police Officer"
2 includes the positions of Chief Conservation Police
3 Administrator and Assistant Conservation Police
4 Administrator.
5 (7) The term "investigator for the Department of
6 Revenue" means any person employed by the Department of
7 Revenue and vested with such investigative duties as
8 render him ineligible for coverage under the Social
9 Security Act by reason of Sections 218(d)(5)(A),
10 218(d)(8)(D) and 218(l)(1) of that Act.
11 (8) The term "security employee of the Department
12 of Human Services" means any person employed by the
13 Department of Human Services who is employed at the
14 Chester Mental Health Center and has daily contact with
15 the residents thereof, or who is a mental health police
16 officer. "Mental health police officer" means any person
17 employed by the Department of Human Services in a
18 position pertaining to the Department's mental health and
19 developmental disabilities functions who is vested with
20 such law enforcement duties as render the person
21 ineligible for coverage under the Social Security Act by
22 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
23 218(l)(1) of that Act.
24 (9) "Central Management Services security police
25 officer" means any person employed by the Department of
26 Central Management Services who is vested with such law
27 enforcement duties as render him ineligible for coverage
28 under the Social Security Act by reason of Sections
29 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
30 (10) The term "security employee of the Department
31 of Corrections" means any employee of the Department of
32 Corrections or the former Department of Personnel, and
33 any member or employee of the Prisoner Review Board, who
34 has daily contact with inmates by working within a
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1 correctional facility or who is a parole officer or an
2 employee who has direct contact with committed persons in
3 the performance of his or her job duties.
4 (11) The term "dangerous drugs investigator" means
5 any person who is employed as such by the Department of
6 Human Services.
7 (12) The term "investigator for the Department of
8 State Police" means a person employed by the Department
9 of State Police who is vested under Section 4 of the
10 Narcotic Control Division Abolition Act with such law
11 enforcement powers as render him ineligible for coverage
12 under the Social Security Act by reason of Sections
13 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
14 (13) "Investigator for the Office of the Attorney
15 General" means any person who is employed as such by the
16 Office of the Attorney General and is vested with such
17 investigative duties as render him ineligible for
18 coverage under the Social Security Act by reason of
19 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
20 Act. For the period before January 1, 1989, the term
21 includes all persons who were employed as investigators
22 by the Office of the Attorney General, without regard to
23 social security status.
24 (14) "Controlled substance inspector" means any
25 person who is employed as such by the Department of
26 Professional Regulation and is vested with such law
27 enforcement duties as render him ineligible for coverage
28 under the Social Security Act by reason of Sections
29 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
30 The term "controlled substance inspector" includes the
31 Program Executive of Enforcement and the Assistant
32 Program Executive of Enforcement.
33 (15) The term "investigator for the Office of the
34 State's Attorneys Appellate Prosecutor" means a person
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1 employed in that capacity on a full time basis under the
2 authority of Section 7.06 of the State's Attorneys
3 Appellate Prosecutor's Act.
4 (16) "Commerce Commission police officer" means any
5 person employed by the Illinois Commerce Commission who
6 is vested with such law enforcement duties as render him
7 ineligible for coverage under the Social Security Act by
8 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
9 218(l)(1) of that Act.
10 (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.