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91_SB0837
LRB9106070EGfg
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 Sec. 14-110. Alternative retirement annuity.
9 (a) Any member who has withdrawn from service with not
10 less than 20 years of eligible creditable service and has
11 attained age 55, and any member who has withdrawn from
12 service with not less than 25 years of eligible creditable
13 service and has attained age 50, regardless of whether the
14 attainment of either of the specified ages occurs while the
15 member is still in service, shall be entitled to receive at
16 the option of the member, in lieu of the regular or minimum
17 retirement annuity, a retirement annuity computed as
18 follows:
19 (i) for periods of service as a noncovered
20 employee, 2 1/4% of final average compensation for each
21 of the first 10 years of creditable service, 2 1/2% for
22 each year above 10 years to and including 20 years of
23 creditable service, and 2 3/4% for each year of
24 creditable service above 20 years; and
25 (ii) for periods of eligible creditable service as
26 a covered employee, 1.67% of final average compensation
27 for each of the first 10 years of such service, 1.90% for
28 each of the next 10 years of such service, 2.10% for each
29 year of such service in excess of 20 but not exceeding
30 30, and 2.30% for each year in excess of 30.
31 Such annuity shall be subject to a maximum of 75% of
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1 final average compensation. These rates shall not be
2 applicable to any service performed by a member as a covered
3 employee which is not eligible creditable service. Service
4 as a covered employee which is not eligible creditable
5 service shall be subject to the rates and provisions of
6 Section 14-108.
7 (b) For the purpose of this Section, "eligible
8 creditable service" means creditable service resulting from
9 service in one or more of the following positions:
10 (1) State policeman;
11 (2) fire fighter in the fire protection service of
12 a department;
13 (3) air pilot;
14 (4) special agent;
15 (5) investigator for the Secretary of State;
16 (6) conservation police officer;
17 (7) investigator for the Department of Revenue;
18 (8) security employee of the Department of Human
19 Services;
20 (9) Central Management Services security police
21 officer;
22 (10) security employee of the Department of
23 Corrections;
24 (11) dangerous drugs investigator;
25 (12) investigator for the Department of State
26 Police;
27 (13) investigator for the Office of the Attorney
28 General;
29 (14) controlled substance inspector;
30 (15) investigator for the Office of the State's
31 Attorneys Appellate Prosecutor;
32 (16) Commerce Commission police officer;
33 (17) arson investigator;
34 (18) CIMIS employee.
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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
6 Standards Board, if completion of that training is required
7 of persons serving in that position. For the purposes of
8 this Code, service during the required basic police training
9 course shall be deemed performance of the duties of the
10 specified position, even though the person is not a sworn
11 peace officer at the 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 Human Services" means any person employed by the
10 Department of Human Services who is employed at the
11 Chester Mental Health Center and has daily contact with
12 the residents thereof, or who is a mental health police
13 officer. "Mental health police officer" means any person
14 employed by the Department of Human Services in a
15 position pertaining to the Department's mental health and
16 developmental disabilities functions who is vested with
17 such law enforcement duties as render the person
18 ineligible for coverage under the Social Security Act by
19 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
20 218(l)(1) of that Act.
21 (9) "Central Management Services security police
22 officer" means any person employed by the Department of
23 Central Management Services who is vested with such law
24 enforcement duties as render him ineligible for coverage
25 under the Social Security Act by reason of Sections
26 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
27 (10) The term "security employee of the Department
28 of Corrections" means any employee of the Department of
29 Corrections or the former Department of Personnel, and
30 any member or employee of the Prisoner Review Board, who
31 has daily contact with inmates by working within a
32 correctional facility or who is a parole officer or an
33 employee who has direct contact with committed persons in
34 the performance of his or her job duties.
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1 (11) The term "dangerous drugs investigator" means
2 any person who is employed as such by the Department of
3 Human Services.
4 (12) The term "investigator for the Department of
5 State Police" means a person employed by the Department
6 of State Police who is vested under Section 4 of the
7 Narcotic Control Division Abolition Act with such law
8 enforcement powers as render him ineligible for coverage
9 under the Social Security Act by reason of Sections
10 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
11 (13) "Investigator for the Office of the Attorney
12 General" means any person who is employed as such by the
13 Office of the Attorney General and is vested with such
14 investigative duties as render him ineligible for
15 coverage under the Social Security Act by reason of
16 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
17 Act. For the period before January 1, 1989, the term
18 includes all persons who were employed as investigators
19 by the Office of the Attorney General, without regard to
20 social security status.
21 (14) "Controlled substance inspector" means any
22 person who is employed as such by the Department of
23 Professional Regulation and is vested with such law
24 enforcement duties as render him ineligible for coverage
25 under the Social Security Act by reason of Sections
26 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
27 The term "controlled substance inspector" includes the
28 Program Executive of Enforcement and the Assistant
29 Program Executive of Enforcement.
30 (15) The term "investigator for the Office of the
31 State's Attorneys Appellate Prosecutor" means a person
32 employed in that capacity on a full time basis under the
33 authority of Section 7.06 of the State's Attorneys
34 Appellate Prosecutor's Act.
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1 (16) "Commerce Commission police officer" means any
2 person employed by the Illinois Commerce Commission who
3 is vested with such law enforcement duties as render him
4 ineligible for coverage under the Social Security Act by
5 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
6 218(l)(1) of that Act.
7 (17) "Arson investigator" means any person who is
8 employed as such by the Office of the State Fire Marshal
9 and is vested with such law enforcement duties as render
10 the person ineligible for coverage under the Social
11 Security Act by reason of Sections 218(d)(5)(A),
12 218(d)(8)(D), and 218(l)(1) of that Act. A person who
13 was employed as an arson investigator on January 1, 1995
14 and is no longer in service but not yet receiving a
15 retirement annuity may convert his or her creditable
16 service for employment as an arson investigator into
17 eligible creditable service by paying to the System the
18 difference between the employee contributions actually
19 paid for that service and the amounts that would have
20 been contributed if the applicant were contributing at
21 the rate applicable to persons with the same social
22 security status earning eligible creditable service on
23 the date of application.
24 (18) The term "CIMIS employee" means a person
25 employed on a full-time basis by the Criminal Justice
26 Information Authority or a predecessor or successor
27 agency to perform duties under the Correctional
28 Institutions Management Information System (CIMIS)
29 program in a position in which the employee has routine
30 contact with prisoners. A CIMIS employee may convert his
31 or her creditable service for employment as a CIMIS
32 employee before the effective date of this amendatory Act
33 of the 91st General Assembly into eligible creditable
34 service by paying to the System the difference between
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1 the employee contributions actually paid for that service
2 and the amounts that would have been contributed if the
3 applicant were contributing at the rate applicable to
4 persons with the same social security status earning
5 eligible creditable service on the date of application.
6 (d) A security employee of the Department of
7 Corrections, and a security employee of the Department of
8 Human Services who is not a mental health police officer,
9 shall not be eligible for the alternative retirement annuity
10 provided by this Section unless he or she meets the following
11 minimum age and service requirements at the time of
12 retirement:
13 (i) 25 years of eligible creditable service and age
14 55; or
15 (ii) beginning January 1, 1987, 25 years of
16 eligible creditable service and age 54, or 24 years of
17 eligible creditable service and age 55; or
18 (iii) beginning January 1, 1988, 25 years of
19 eligible creditable service and age 53, or 23 years of
20 eligible creditable service and age 55; or
21 (iv) beginning January 1, 1989, 25 years of
22 eligible creditable service and age 52, or 22 years of
23 eligible creditable service and age 55; or
24 (v) beginning January 1, 1990, 25 years of eligible
25 creditable service and age 51, or 21 years of eligible
26 creditable service and age 55; or
27 (vi) beginning January 1, 1991, 25 years of
28 eligible creditable service and age 50, or 20 years of
29 eligible creditable service and age 55.
30 Persons who have service credit under Article 16 of this
31 Code for service as a security employee of the Department of
32 Corrections in a position requiring certification as a
33 teacher may count such service toward establishing their
34 eligibility under the service requirements of this Section;
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1 but such service may be used only for establishing such
2 eligibility, and not for the purpose of increasing or
3 calculating any benefit.
4 (e) If a member enters military service while working in
5 a position in which eligible creditable service may be
6 earned, and returns to State service in the same or another
7 such position, and fulfills in all other respects the
8 conditions prescribed in this Article for credit for military
9 service, such military service shall be credited as eligible
10 creditable service for the purposes of the retirement annuity
11 prescribed in this Section.
12 (f) For purposes of calculating retirement annuities
13 under this Section, periods of service rendered after
14 December 31, 1968 and before October 1, 1975 as a covered
15 employee in the position of special agent, conservation
16 police officer, mental health police officer, or investigator
17 for the Secretary of State, shall be deemed to have been
18 service as a noncovered employee, provided that the employee
19 pays to the System prior to retirement an amount equal to (1)
20 the difference between the employee contributions that would
21 have been required for such service as a noncovered employee,
22 and the amount of employee contributions actually paid, plus
23 (2) if payment is made after July 31, 1987, regular interest
24 on the amount specified in item (1) from the date of service
25 to the date of payment.
26 For purposes of calculating retirement annuities under
27 this Section, periods of service rendered after December 31,
28 1968 and before January 1, 1982 as a covered employee in the
29 position of investigator for the Department of Revenue shall
30 be deemed to have been service as a noncovered employee,
31 provided that the employee pays to the System prior to
32 retirement an amount equal to (1) the difference between the
33 employee contributions that would have been required for such
34 service as a noncovered employee, and the amount of employee
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1 contributions actually paid, plus (2) if payment is made
2 after January 1, 1990, regular interest on the amount
3 specified in item (1) from the date of service to the date of
4 payment.
5 (g) A State policeman may elect, not later than January
6 1, 1990, to establish eligible creditable service for up to
7 10 years of his service as a policeman under Article 3, by
8 filing a written election with the Board, accompanied by
9 payment of an amount to be determined by the Board, equal to
10 (i) the difference between the amount of employee and
11 employer contributions transferred to the System under
12 Section 3-110.5, and the amounts that would have been
13 contributed had such contributions been made at the rates
14 applicable to State policemen, plus (ii) interest thereon at
15 the effective rate for each year, compounded annually, from
16 the date of service to the date of payment.
17 Subject to the limitation in subsection (i), a State
18 policeman may elect, not later than July 1, 1993, to
19 establish eligible creditable service for up to 10 years of
20 his service as a member of the County Police Department under
21 Article 9, by filing a written election with the Board,
22 accompanied by payment of an amount to be determined by the
23 Board, equal to (i) the difference between the amount of
24 employee and employer contributions transferred to the System
25 under Section 9-121.10 and the amounts that would have been
26 contributed had those contributions been made at the rates
27 applicable to State policemen, plus (ii) interest thereon at
28 the effective rate for each year, compounded annually, from
29 the date of service to the date of payment.
30 (h) Subject to the limitation in subsection (i), a State
31 policeman or investigator for the Secretary of State may
32 elect to establish eligible creditable service for up to 12
33 years of his service as a policeman under Article 5, by
34 filing a written election with the Board on or before January
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1 31, 1992, and paying to the System by January 31, 1994 an
2 amount to be determined by the Board, equal to (i) the
3 difference between the amount of employee and employer
4 contributions transferred to the System under Section 5-236,
5 and the amounts that would have been contributed had such
6 contributions been made at the rates applicable to State
7 policemen, plus (ii) interest thereon at the effective rate
8 for each year, compounded annually, from the date of service
9 to the date of payment.
10 Subject to the limitation in subsection (i), a State
11 policeman, conservation police officer, or investigator for
12 the Secretary of State may elect to establish eligible
13 creditable service for up to 10 years of service as a
14 sheriff's law enforcement employee under Article 7, by filing
15 a written election with the Board on or before January 31,
16 1993, and paying to the System by January 31, 1994 an amount
17 to be determined by the Board, equal to (i) the difference
18 between the amount of employee and employer contributions
19 transferred to the System under Section 7-139.7, and the
20 amounts that would have been contributed had such
21 contributions been made at the rates applicable to State
22 policemen, plus (ii) interest thereon at the effective rate
23 for each year, compounded annually, from the date of service
24 to the date of payment.
25 (i) The total amount of eligible creditable service
26 established by any person under subsections (g), (h), (j),
27 (k), and (l) of this Section shall not exceed 12 years.
28 (j) Subject to the limitation in subsection (i), an
29 investigator for the Office of the State's Attorneys
30 Appellate Prosecutor or a controlled substance inspector may
31 elect to establish eligible creditable service for up to 10
32 years of his service as a policeman under Article 3 or a
33 sheriff's law enforcement employee under Article 7, by filing
34 a written election with the Board, accompanied by payment of
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1 an amount to be determined by the Board, equal to (1) the
2 difference between the amount of employee and employer
3 contributions transferred to the System under Section 3-110.6
4 or 7-139.8, and the amounts that would have been contributed
5 had such contributions been made at the rates applicable to
6 State policemen, plus (2) interest thereon at the effective
7 rate for each year, compounded annually, from the date of
8 service to the date of payment.
9 (k) Subject to the limitation in subsection (i) of this
10 Section, an alternative formula employee may elect to
11 establish eligible creditable service for periods spent as a
12 full-time law enforcement officer or full-time corrections
13 officer employed by the federal government or by a state or
14 local government located outside of Illinois, for which
15 credit is not held in any other public employee pension fund
16 or retirement system. To obtain this credit, the applicant
17 must file a written application with the Board by March 31,
18 1998, accompanied by evidence of eligibility acceptable to
19 the Board and payment of an amount to be determined by the
20 Board, equal to (1) employee contributions for the credit
21 being established, based upon the applicant's salary on the
22 first day as an alternative formula employee after the
23 employment for which credit is being established and the
24 rates then applicable to alternative formula employees, plus
25 (2) an amount determined by the Board to be the employer's
26 normal cost of the benefits accrued for the credit being
27 established, plus (3) regular interest on the amounts in
28 items (1) and (2) from the first day as an alternative
29 formula employee after the employment for which credit is
30 being established to the date of payment.
31 (l) Subject to the limitation in subsection (i), a
32 security employee of the Department of Corrections may elect,
33 not later than July 1, 1998, to establish eligible creditable
34 service for up to 10 years of his or her service as a
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1 policeman under Article 3, by filing a written election with
2 the Board, accompanied by payment of an amount to be
3 determined by the Board, equal to (i) the difference between
4 the amount of employee and employer contributions transferred
5 to the System under Section 3-110.5, and the amounts that
6 would have been contributed had such contributions been made
7 at the rates applicable to security employees of the
8 Department of Corrections, plus (ii) interest thereon at the
9 effective rate for each year, compounded annually, from the
10 date of service to the date of payment.
11 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
12 89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.