State of Illinois
92nd General Assembly
Legislation

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92_HB0250

 
                                               LRB9203828EGfg

 1        AN ACT in relation to public employee benefits.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Pension  Code  is  amended  by
 5    changing   Sections   14-103.05,  14-104.6,  14-106,  14-108,
 6    14-110, 14-114,  14-133,  16-106,  and  16-131.6  and  adding
 7    Section 14-108.2c as follows:

 8        (40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
 9        Sec. 14-103.05.  Employee.
10        (a)  Any  person  employed  by  a Department who receives
11    salary for personal services rendered to the Department on  a
12    warrant  issued  pursuant to a payroll voucher certified by a
13    Department and drawn by the State Comptroller upon the  State
14    Treasurer,   including   an  elected  official  described  in
15    subparagraph (d) of Section 14-104, shall become an  employee
16    for  purpose  of  membership  in the Retirement System on the
17    first day of such employment.
18        A person entering service on or after January 1, 1972 and
19    prior to January 1, 1984 shall become a member as a condition
20    of employment and shall begin making contributions as of  the
21    first day of employment.
22        A  person  entering  service  on or after January 1, 1984
23    shall, upon completion of  6  months  of  continuous  service
24    which  is  not  interrupted by a break of more than 2 months,
25    become a member as a condition of employment.   Contributions
26    shall  begin  the  first of the month after completion of the
27    qualifying period.
28        The qualifying period of  6  months  of  service  is  not
29    applicable  to:  (1) a person who has been granted credit for
30    service in a  position  covered  by  the  State  Universities
31    Retirement  System,  the  Teachers'  Retirement System of the
 
                            -2-                LRB9203828EGfg
 1    State of Illinois, the General Assembly Retirement System, or
 2    the Judges Retirement System of Illinois unless that  service
 3    has  been  forfeited  under  the laws of those systems; (2) a
 4    person entering service  on  or  after  July  1,  1991  in  a
 5    noncovered   position;  or  (3)  a  person  to  whom  Section
 6    14-108.2a or 14-108.2b applies.
 7        (b)  The term "employee" does not include the following:
 8             (1)  members of the State Legislature,  and  persons
 9        electing  to  become  members  of  the  General  Assembly
10        Retirement System pursuant to Section 2-105;
11             (2)  incumbents  of  offices normally filled by vote
12        of the people;
13             (3)  except as otherwise provided in  this  Section,
14        any  person appointed by the Governor with the advice and
15        consent of  the  Senate  unless  that  person  elects  to
16        participate in this system;
17             (4)  except  as  provided  in  Section  14-108.2  or
18        14-108.2c,  any  person  who is covered or eligible to be
19        covered by the Teachers' Retirement System of  the  State
20        of Illinois, the State Universities Retirement System, or
21        the Judges Retirement System of Illinois;
22             (5)  an  employee  of  a  municipality  or any other
23        political subdivision of the State;
24             (6)  any person who becomes an employee  after  June
25        30,   1979   as   a  public  service  employment  program
26        participant under the  Federal  Comprehensive  Employment
27        and  Training  Act and whose wages or fringe benefits are
28        paid in whole or in part by  funds  provided  under  such
29        Act;
30             (7)  enrollees   of   the   Illinois   Young   Adult
31        Conservation   Corps   program,   administered   by   the
32        Department   of  Natural  Resources,  authorized  grantee
33        pursuant to Title VIII of the  "Comprehensive  Employment
34        and  Training  Act  of  1973",  29  USC  993,  as  now or
 
                            -3-                LRB9203828EGfg
 1        hereafter amended;
 2             (8)  enrollees  and  temporary  staff  of   programs
 3        administered by the Department of Natural Resources under
 4        the Youth Conservation Corps Act of 1970;
 5             (9)  any  person who is a member of any professional
 6        licensing or disciplinary  board  created  under  an  Act
 7        administered by the Department of Professional Regulation
 8        or  a successor agency or created or re-created after the
 9        effective date of this amendatory Act of  1997,  and  who
10        receives  per  diem  compensation  rather  than a salary,
11        notwithstanding that such per diem compensation  is  paid
12        by  warrant  issued  pursuant  to a payroll voucher; such
13        persons have never been included  in  the  membership  of
14        this  System,  and  this  amendatory  Act  of  1987 (P.A.
15        84-1472) is not intended to  effect  any  change  in  the
16        status of such persons;
17             (10)  any  person  who  is  a member of the Illinois
18        Health Care Cost Containment Council,  and  receives  per
19        diem  compensation  rather than a salary, notwithstanding
20        that such per diem compensation is paid by warrant issued
21        pursuant to a payroll voucher; such  persons  have  never
22        been  included in the membership of this System, and this
23        amendatory Act of 1987 is  not  intended  to  effect  any
24        change in the status of such persons; or
25             (11)  any  person who is a member of the Oil and Gas
26        Board created by Section 1.2 of the Illinois Oil and  Gas
27        Act,  and  receives  per  diem compensation rather than a
28        salary, notwithstanding that such per  diem  compensation
29        is paid by warrant issued pursuant to a payroll voucher.
30    (Source:  P.A.  89-246;  eff.  8-4-95;  89-445,  eff. 2-7-96;
31    90-448, eff. 8-16-97.)

32        (40 ILCS 5/14-104.6) (from Ch. 108 1/2, par. 14-104.6)
33        Sec.  14-104.6.  Service  transferred  from  Article  16.
 
                            -4-                LRB9203828EGfg
 1    Service also includes the following:
 2        (a)  Any period as a teacher employed by  the  Department
 3    of Corrections for which credit was established under Article
 4    16 of this Code, subject to the following conditions: (1) the
 5    credits  accrued  for  such  employment under Article 16 have
 6    been transferred to this System; and (2) the participant  has
 7    contributed  to  this  System an amount equal to (A) employee
 8    contributions  at  the  rate  in  effect  for  noncoordinated
 9    eligible creditable service at the date of membership in this
10    System, based upon the salary in effect during such period of
11    service, plus (B) the employer's share  of  the  normal  cost
12    under  this  System  for  each  year  that  credit  is  being
13    established, based on the salary in effect during such period
14    of  service,  plus (C) regular interest, compounded annually,
15    from July 1, 1987 to the date of payment, less (D) the amount
16    transferred  on  behalf  of  the  participant  under  Section
17    16-131.6.
18        (b)  Any period as a security employee of the  Department
19    of  Human  Services,  as defined in Section 14-110, for which
20    credit was established under Article 16 of this Code, subject
21    to the following conditions: (1) the credits accrued for that
22    employment under Article 16 have  been  transferred  to  this
23    System;  and  (2)  the  participant  has  contributed to this
24    System an amount equal to (A) employee contributions  at  the
25    rate in effect for noncoordinated eligible creditable service
26    at  the  date  of  membership  in this System, based upon the
27    salary in effect during the period of service, plus  (B)  the
28    employer's  share  of  the  normal cost under this System for
29    each year that credit is  being  established,  based  on  the
30    salary  in  effect  during  the  period  of service, plus (C)
31    regular interest, compounded annually, from July 1,  2001  to
32    the  date  of  payment,  less  (D)  the amount transferred on
33    behalf of the participant under Section 16-131.6.
34        (c)  Credit  established  under  this  Section  shall  be
 
                            -5-                LRB9203828EGfg
 1    deemed noncoordinated eligible creditable service as  defined
 2    in Section 14-110.
 3    (Source: P.A. 86-1488; 87-794.)

 4        (40 ILCS 5/14-106) (from Ch. 108 1/2, par. 14-106)
 5        Sec. 14-106.  Membership service credit.
 6        (a)  After January 1, 1944, all service of a member since
 7    he  last  became a member with respect to which contributions
 8    are made shall count as membership  service;  provided,  that
 9    for  service  on and after July 1, 1950, 12 months of service
10    shall constitute a year of membership service, the completion
11    of 15  days  or  more  of  service  during  any  month  shall
12    constitute  1 month of membership service, 8 to 15 days shall
13    constitute 1/2 month of membership service and  less  than  8
14    days  shall  constitute 1/4 month of membership service.  The
15    payroll record of each department shall constitute conclusive
16    evidence of the record of service rendered by a member.
17        (b)  For  a  member  who  is  employed  and  paid  on  an
18    academic-year basis rather than on a 12-month  annual  basis,
19    employment  for  a full academic year shall constitute a full
20    year of membership service, except that the member shall  not
21    receive more than one year of membership service credit (plus
22    any  additional service credit granted for unused sick leave)
23    for service during any 12-month period.  This subsection  (b)
24    applies  to  all  such  service  for which the member has not
25    begun to receive a retirement annuity before January 1, 2001.
26        (c)  A member shall be  entitled  to  additional  service
27    credit,  under rules prescribed by the Board, for accumulated
28    unused sick  leave  credited  to  his  account  in  the  last
29    Department  on the date of withdrawal from service or for any
30    period for which he  would  have  been  eligible  to  receive
31    benefits  under  a sick pay plan authorized by law, if he had
32    suffered a sickness or accident on  the  date  of  withdrawal
33    from  service.   It  shall  be the responsibility of the last
 
                            -6-                LRB9203828EGfg
 1    Department to certify to the Board the length of time  salary
 2    or benefits would have been paid to the member based upon the
 3    accumulated unused sick leave or the applicable sick pay plan
 4    if  he had become entitled thereto because of sickness on the
 5    date that his status as an employee terminated.  This  period
 6    of  service  credit granted under this paragraph shall not be
 7    considered in determining the date the retirement annuity  is
 8    to begin, or final average compensation.
 9    (Source: P.A. 87-1265.)

10        (40 ILCS 5/14-108) (from Ch. 108 1/2, par. 14-108)
11        Sec. 14-108.  Amount of retirement annuity.  A member who
12    has contributed to the System for at least 12 months shall be
13    entitled  to  a  prior  service  annuity  for  each  year  of
14    certified prior service credited to him, except that a member
15    shall  receive 1/3 of the prior service annuity for each year
16    of service for which contributions have been made and all  of
17    such  annuity  shall  be  payable  after  the member has made
18    contributions for a period of 3 years.  Proportionate amounts
19    shall be payable for service of less than a full  year  after
20    completion of at least 12 months.
21        The   total   period  of  service  to  be  considered  in
22    establishing the  measure  of  prior  service  annuity  shall
23    include  service  credited in the Teachers' Retirement System
24    of  the  State  of  Illinois  and  the   State   Universities
25    Retirement  System  for which contributions have been made by
26    the member to such systems; provided that at least 1 year  of
27    the total period of 3 years prescribed for the allowance of a
28    full  measure  of  prior  service  annuity  shall  consist of
29    membership service in this system for which credit  has  been
30    granted.
31        (a)  In  the  case  of  a  member who retires on or after
32    January 1, 1998 and is a noncovered employee, the  retirement
33    annuity  for  membership  service  and prior service shall be
 
                            -7-                LRB9203828EGfg
 1    2.2% of final average compensation for each year of  service.
 2    Any service credit established as a covered employee shall be
 3    computed as stated in paragraph (b).
 4        (b)  In  the  case  of  a  member who retires on or after
 5    January 1, 1998 and is a  covered  employee,  the  retirement
 6    annuity  for  membership  service  and prior service shall be
 7    computed as stated in paragraph (a) for  all  service  credit
 8    established  as  a  noncovered  employee;  for service credit
 9    established as a covered employee it shall be 1.67% of  final
10    average compensation for each year of service.
11        (c)  For  a  member  retiring  after attaining age 55 but
12    before age 60 with at least 30 but  less  than  35  years  of
13    creditable  service  if retirement is before January 1, 2001,
14    or with at least 25 but less  than  30  years  of  creditable
15    service  if  retirement  is  on or after January 1, 2001, the
16    retirement annuity shall be reduced by 1/2  of  1%  for  each
17    month  that  the  member's age is under age 60 at the time of
18    retirement.
19        (d)  A retirement annuity shall not exceed 75%  of  final
20    average compensation, subject to such extension as may result
21    from the application of Section 14-114 or Section 14-115.
22        (e)  The   retirement  annuity  payable  to  any  covered
23    employee who is a member of the  System  and  in  service  on
24    January 1, 1969, or in service thereafter in 1969 as a result
25    of  legislation  enacted  by  the  Illinois  General Assembly
26    transferring the  member  to  State  employment  from  county
27    employment  in  a county Department of Public Aid in counties
28    of 3,000,000 or more population, under a plan of coordination
29    with  the  Old  Age,  Survivors  and  Disability   provisions
30    thereof,  if not fully insured for Old Age Insurance payments
31    under the Federal Old Age, Survivors and Disability Insurance
32    provisions at the date of acceptance of a retirement annuity,
33    shall not be less than the amount for which the member  would
34    have been eligible if coordination were not applicable.
 
                            -8-                LRB9203828EGfg
 1        (f)  The   retirement  annuity  payable  to  any  covered
 2    employee who is a member of the  System  and  in  service  on
 3    January 1, 1969, or in service thereafter in 1969 as a result
 4    of  the  legislation  designated in the immediately preceding
 5    paragraph, if fully insured for Old  Age  Insurance  payments
 6    under  the  Federal  Social  Security  Act  at  the  date  of
 7    acceptance of a retirement annuity, shall not be less than an
 8    amount  which  when  added  to  the Primary Insurance Benefit
 9    payable to the member upon attainment of age  65  under  such
10    Federal  Act, will equal the annuity which would otherwise be
11    payable  if  the  coordinated  plan  of  coverage  were   not
12    applicable.
13        (g)  In  the  case  of  a  member  who  is  a  noncovered
14    employee,  the retirement annuity for membership service as a
15    security  employee  of  the  Department  of  Corrections   or
16    security  employee  of the Department of Human Services shall
17    be:  if retirement occurs on or after January 1, 2001, 3%  of
18    final  average  compensation  for  each  year  of  creditable
19    service; or if retirement occurs before January 1, 2001, 1.9%
20    of  final average compensation for each of the first 10 years
21    of service, 2.1% for each of the next 10  years  of  service,
22    2.25%  for  each  year  of  service  in  excess of 20 but not
23    exceeding 30, and 2.5% for each year in excess of 30;  except
24    that  the  annuity  may  be  calculated  under subsection (a)
25    rather than this subsection (g) if the resulting  annuity  is
26    greater.
27        (h)  In  the  case of a member who is a covered employee,
28    the retirement annuity for membership service as  a  security
29    employee   of  the  Department  of  Corrections  or  security
30    employee of the Department of Human Services  shall  be:   if
31    retirement  occurs on or after January 1, 2001, 2.5% of final
32    average compensation for each year of creditable service;  if
33    retirement  occurs  before  January  1,  2001, 1.67% of final
34    average compensation for  each  of  the  first  10  years  of
 
                            -9-                LRB9203828EGfg
 1    service,  1.90%  for  each  of  the next 10 years of service,
 2    2.10% for each year of  service  in  excess  of  20  but  not
 3    exceeding 30, and 2.30% for each year in excess of 30.
 4        (i)  For  the purposes of this Section and Section 14-133
 5    of this Act, the term "security employee of the Department of
 6    Corrections"  and  the  term  "security   employee   of   the
 7    Department   of  Human  Services"  shall  have  the  meanings
 8    ascribed to them in subsection (c) of Section 14-110.
 9        (j)  The  retirement   annuity   computed   pursuant   to
10    paragraphs  (g)  or  (h)  shall  be  applicable only to those
11    security employees  of  the  Department  of  Corrections  and
12    security  employees  of  the Department of Human Services who
13    have at least 20 years of membership service and who are  not
14    eligible  for  the  alternative  retirement  annuity provided
15    under Section 14-110.  However, persons transferring to  this
16    System  under  Section 14-108.2 or 14-108.2c who have service
17    credit under Article 16 of this Code may count  such  service
18    toward  establishing  their  eligibility  under  the  20-year
19    service  requirement of this subsection; but such service may
20    be used only for establishing such eligibility, and  not  for
21    the purpose of increasing or calculating any benefit.
22        (k)  (Blank).
23        (l)  The  changes to this Section made by this amendatory
24    Act of 1997 (changing  certain  retirement  annuity  formulas
25    from  a  stepped  rate  to  a flat rate) apply to members who
26    retire on or after January 1, 1998, without regard to whether
27    employment terminated  before  the  effective  date  of  this
28    amendatory  Act  of 1997.  An annuity shall not be calculated
29    in steps by using the new flat rate for some  steps  and  the
30    superseded  stepped  rate for other steps of the same type of
31    service.
32    (Source: P.A.  90-65,  eff.  7-7-97;  90-448,  eff.  8-16-97;
33    90-655, eff. 7-30-98; 91-927, eff. 12-14-00.)
 
                            -10-               LRB9203828EGfg
 1        (40 ILCS 5/14-108.2c new)
 2        Sec.  14-108.2c.  Transfer  of  membership  from  TRS.  A
 3    security employee of the Department  of  Human  Services,  as
 4    defined  in  Section 14-110, who is a member of the Teachers'
 5    Retirement System established under Article 16 of  this  Code
 6    may elect to become a member of this System on either June 1,
 7    2001  or  July 1, 2001 by notifying the Board of the election
 8    in writing on or before May 31, 2001.
 9        For  persons  electing  to  become   covered   employees,
10    participation  in  the  Article  16 system shall terminate on
11    June 1, 2001, and membership in this System  shall  begin  on
12    that date.
13        For  persons  electing  to  become  noncovered employees,
14    participation in the Article 16  system  shall  terminate  on
15    July  1,  2001,  and membership in this System shall begin on
16    that date.

17        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
18        Sec. 14-110.  Alternative retirement annuity.
19        (a)  Any member who has withdrawn from service  with  not
20    less  than  20  years  of eligible creditable service and has
21    attained age 55,  and  any  member  who  has  withdrawn  from
22    service  with  not  less than 25 years of eligible creditable
23    service and has attained age 50, regardless  of  whether  the
24    attainment  of  either of the specified ages occurs while the
25    member is still in service, shall be entitled to  receive  at
26    the  option  of the member, in lieu of the regular or minimum
27    retirement  annuity,  a  retirement   annuity   computed   as
28    follows:
29             (i)  for   periods   of   service  as  a  noncovered
30        employee: if retirement occurs on  or  after  January  1,
31        2001,  3%  of final average compensation for each year of
32        creditable service; if retirement occurs  before  January
33        1, 2001, 2 1/4% of final average compensation for each of
 
                            -11-               LRB9203828EGfg
 1        the first 10 years of creditable service, 2 1/2% for each
 2        year  above  10  years  to  and  including  20  years  of
 3        creditable   service,   and  2  3/4%  for  each  year  of
 4        creditable service above 20 years; and
 5             (ii)  for periods of eligible creditable service  as
 6        a  covered  employee:  if  retirement  occurs on or after
 7        January 1, 2001, 2.5% of final average  compensation  for
 8        each  year  of  creditable  service; if retirement occurs
 9        before  January  1,  2001,   1.67%   of   final   average
10        compensation  for  each  of  the  first  10 years of such
11        service, 1.90% for each of the  next  10  years  of  such
12        service, 2.10% for each year of such service in excess of
13        20  but  not  exceeding  30,  and  2.30% for each year in
14        excess of 30.
15        Such annuity shall be subject to  a  maximum  of  75%  of
16    final   average  compensation  if  retirement  occurs  before
17    January 1, 2001 or to a  maximum  of  80%  of  final  average
18    compensation  if  retirement  occurs  on  or after January 1,
19    2001.
20        These rates  shall  not  be  applicable  to  any  service
21    performed  by  a  member  as  a covered employee which is not
22    eligible creditable service.  Service as a  covered  employee
23    which  is not eligible creditable service shall be subject to
24    the rates and provisions of Section 14-108.
25        (b)  For  the  purpose   of   this   Section,   "eligible
26    creditable  service"  means creditable service resulting from
27    service in one or more of the following positions:
28             (1)  State policeman;
29             (2)  fire fighter in the fire protection service  of
30        a department;
31             (3)  air pilot;
32             (4)  special agent;
33             (5)  investigator for the Secretary of State;
34             (6)  conservation police officer;
 
                            -12-               LRB9203828EGfg
 1             (7)  investigator for the Department of Revenue;
 2             (8)  security  employee  of  the Department of Human
 3        Services;
 4             (9)  Central  Management  Services  security  police
 5        officer;
 6             (10)  security  employee  of   the   Department   of
 7        Corrections;
 8             (11)  dangerous drugs investigator;
 9             (12)  investigator   for  the  Department  of  State
10        Police;
11             (13)  investigator for the Office  of  the  Attorney
12        General;
13             (14)  controlled substance inspector;
14             (15)  investigator  for  the  Office  of the State's
15        Attorneys Appellate Prosecutor;
16             (16)  Commerce Commission police officer;
17             (17)  arson investigator.
18        A person employed in one of the  positions  specified  in
19    this  subsection  is  entitled to eligible creditable service
20    for service credit earned under this Article while undergoing
21    the basic police training course approved by the Illinois Law
22    Enforcement Training Standards Board, if completion  of  that
23    training  is  required  of  persons serving in that position.
24    For the purposes of this Code, service  during  the  required
25    basic  police  training course shall be deemed performance of
26    the duties of the specified position, even though the  person
27    is not a sworn peace officer at the time of the training.
28        (c)  For the purposes of this Section:
29             (1)  The  term  "state policeman" includes any title
30        or position in the Department of  State  Police  that  is
31        held  by  an  individual  employed under the State Police
32        Act.
33             (2)  The term "fire fighter in the  fire  protection
34        service  of  a  department" includes all officers in such
 
                            -13-               LRB9203828EGfg
 1        fire  protection  service  including  fire   chiefs   and
 2        assistant fire chiefs.
 3             (3)  The  term  "air  pilot"  includes  any employee
 4        whose official job description on file in the  Department
 5        of  Central  Management Services, or in the department by
 6        which he is employed if that department is not covered by
 7        the Personnel Code, states that his principal duty is the
 8        operation  of  aircraft,  and  who  possesses  a  pilot's
 9        license; however, the change in this definition  made  by
10        this  amendatory Act of 1983 shall not operate to exclude
11        any noncovered employee who was an "air  pilot"  for  the
12        purposes of this Section on January 1, 1984.
13             (4)  The  term  "special agent" means any person who
14        by reason of  employment  by  the  Division  of  Narcotic
15        Control,  the  Bureau  of Investigation or, after July 1,
16        1977,  the  Division  of  Criminal   Investigation,   the
17        Division  of  Internal  Investigation,  the  Division  of
18        Operations,  or  any  other  Division  or  organizational
19        entity in the Department of State Police is vested by law
20        with   duties   to  maintain  public  order,  investigate
21        violations of the criminal law of this State, enforce the
22        laws of this State, make arrests  and  recover  property.
23        The  term  "special agent" includes any title or position
24        in the Department of State Police  that  is  held  by  an
25        individual employed under the State Police Act.
26             (5)  The  term  "investigator  for  the Secretary of
27        State" means any person employed by  the  Office  of  the
28        Secretary  of  State  and  vested with such investigative
29        duties as render him ineligible for  coverage  under  the
30        Social  Security  Act by reason of Sections 218(d)(5)(A),
31        218(d)(8)(D) and 218(l)(1) of that Act.
32             A person who became employed as an investigator  for
33        the  Secretary  of  State  between  January  1,  1967 and
34        December 31, 1975, and  who  has  served  as  such  until
 
                            -14-               LRB9203828EGfg
 1        attainment  of  age  60,  either  continuously  or with a
 2        single  break  in  service  of  not  more  than  3  years
 3        duration, which break terminated before January 1,  1976,
 4        shall   be   entitled  to  have  his  retirement  annuity
 5        calculated    in   accordance   with   subsection    (a),
 6        notwithstanding  that he has less than 20 years of credit
 7        for such service.
 8             (6)  The term "Conservation  Police  Officer"  means
 9        any person employed by the Division of Law Enforcement of
10        the  Department of Natural Resources and vested with such
11        law enforcement  duties  as  render  him  ineligible  for
12        coverage  under  the  Social  Security  Act  by reason of
13        Sections 218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1)  of
14        that   Act.    The  term  "Conservation  Police  Officer"
15        includes  the  positions  of  Chief  Conservation  Police
16        Administrator   and   Assistant    Conservation    Police
17        Administrator.
18             (7)  The  term  "investigator  for the Department of
19        Revenue" means any person employed by the  Department  of
20        Revenue  and  vested  with  such  investigative duties as
21        render him  ineligible  for  coverage  under  the  Social
22        Security   Act   by   reason  of  Sections  218(d)(5)(A),
23        218(d)(8)(D) and 218(l)(1) of that Act.
24             (8)  The term "security employee of  the  Department
25        of  Human  Services"  means  any  person  employed by the
26        Department of Human Services who (i) is employed  at  the
27        Chester  Mental  Health Center and has daily contact with
28        the residents thereof, (ii) is employed within a security
29        unit at a facility operated by  the  Department  and  has
30        daily  contact  with  the residents of the security unit,
31        (iii)  is  employed  at  a  facility  operated   by   the
32        Department that includes a security unit and is regularly
33        scheduled  to  work  at  least  50% of his or her working
34        hours within that security unit, or (iv) who is a  mental
 
                            -15-               LRB9203828EGfg
 1        health  police  officer.   "Mental health police officer"
 2        means any person employed  by  the  Department  of  Human
 3        Services  in  a  position  pertaining to the Department's
 4        mental health and  developmental  disabilities  functions
 5        who  is vested with such law enforcement duties as render
 6        the person  ineligible  for  coverage  under  the  Social
 7        Security   Act   by   reason  of  Sections  218(d)(5)(A),
 8        218(d)(8)(D) and 218(l)(1) of that Act.  "Security  unit"
 9        means  that  portion of a facility that is devoted to the
10        care, containment, and treatment of persons committed  to
11        the  Department  of  Human  Services  as sexually violent
12        persons, persons unfit to stand  trial,  or  persons  not
13        guilty  by  reason  of  insanity.   With  respect to past
14        employment,  references  to  the  Department   of   Human
15        Services  include  its  predecessor,  the  Department  of
16        Mental Health and Developmental Disabilities.
17             The  changes made to this subdivision (c)(8) by this
18        amendatory Act of the  92nd  General  Assembly  apply  to
19        persons   who   retire  on  or  after  January  1,  2001,
20        notwithstanding Section 1-103.1.
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.
 
                            -16-               LRB9203828EGfg
 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.
 
                            -17-               LRB9203828EGfg
 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        (d)  A   security   employee   of   the   Department   of
25    Corrections,  and  a  security  employee of the Department of
26    Human Services who is not a  mental  health  police  officer,
27    shall  not be eligible for the alternative retirement annuity
28    provided by this Section unless he or she meets the following
29    minimum  age  and  service  requirements  at  the   time   of
30    retirement:
31             (i)  25 years of eligible creditable service and age
32        55; or
33             (ii)  beginning   January   1,  1987,  25  years  of
34        eligible creditable service and age 54, or  24  years  of
 
                            -18-               LRB9203828EGfg
 1        eligible creditable service and age 55; or
 2             (iii)  beginning   January  1,  1988,  25  years  of
 3        eligible creditable service and age 53, or  23  years  of
 4        eligible creditable service and age 55; or
 5             (iv)  beginning   January   1,  1989,  25  years  of
 6        eligible creditable service and age 52, or  22  years  of
 7        eligible creditable service and age 55; or
 8             (v)  beginning January 1, 1990, 25 years of eligible
 9        creditable  service  and  age 51, or 21 years of eligible
10        creditable service and age 55; or
11             (vi)  beginning  January  1,  1991,  25   years   of
12        eligible  creditable  service  and age 50, or 20 years of
13        eligible creditable service and age 55.
14        Persons who have service credit under Article 16 of  this
15    Code  for service as a security employee of the Department of
16    Corrections or the Department of Human Services in a position
17    requiring certification as a teacher may count  such  service
18    toward  establishing  their  eligibility  under  the  service
19    requirements  of  this  Section; but such service may be used
20    only for establishing  such  eligibility,  and  not  for  the
21    purpose of increasing or calculating any benefit.
22        (e)  If a member enters military service while working in
23    a  position  in  which  eligible  creditable  service  may be
24    earned, and returns to State service in the same  or  another
25    such  position,  and  fulfills  in  all  other  respects  the
26    conditions prescribed in this Article for credit for military
27    service,  such military service shall be credited as eligible
28    creditable service for the purposes of the retirement annuity
29    prescribed in this Section.
30        (f)  For purposes  of  calculating  retirement  annuities
31    under   this  Section,  periods  of  service  rendered  after
32    December 31, 1968 and before October 1,  1975  as  a  covered
33    employee  in  the  position  of  special  agent, conservation
34    police officer, mental health police officer, or investigator
 
                            -19-               LRB9203828EGfg
 1    for the Secretary of State, shall  be  deemed  to  have  been
 2    service  as a noncovered employee, provided that the employee
 3    pays to the System prior to retirement an amount equal to (1)
 4    the difference between the employee contributions that  would
 5    have been required for such service as a noncovered employee,
 6    and  the amount of employee contributions actually paid, plus
 7    (2) if payment is made after July 31, 1987, regular  interest
 8    on  the amount specified in item (1) from the date of service
 9    to the date of payment.
10        For purposes of calculating  retirement  annuities  under
11    this  Section, periods of service rendered after December 31,
12    1968 and before January 1, 1982 as a covered employee in  the
13    position  of investigator for the Department of Revenue shall
14    be deemed to have been  service  as  a  noncovered  employee,
15    provided  that  the  employee  pays  to  the  System prior to
16    retirement an amount equal to (1) the difference between  the
17    employee contributions that would have been required for such
18    service  as a noncovered employee, and the amount of employee
19    contributions actually paid, plus  (2)  if  payment  is  made
20    after  January  1,  1990,  regular  interest  on  the  amount
21    specified in item (1) from the date of service to the date of
22    payment.
23        (g)  A  State policeman may elect, not later than January
24    1, 1990, to establish eligible creditable service for  up  to
25    10  years  of  his service as a policeman under Article 3, by
26    filing a written election  with  the  Board,  accompanied  by
27    payment  of an amount to be determined by the Board, equal to
28    (i)  the  difference  between  the  amount  of  employee  and
29    employer  contributions  transferred  to  the  System   under
30    Section  3-110.5,  and  the  amounts  that  would  have  been
31    contributed  had  such  contributions  been made at the rates
32    applicable to State policemen, plus (ii) interest thereon  at
33    the  effective  rate for each year, compounded annually, from
34    the date of service to the date of payment.
 
                            -20-               LRB9203828EGfg
 1        Subject to the limitation  in  subsection  (i),  a  State
 2    policeman  may  elect,  not  later  than  July  1,  1993,  to
 3    establish  eligible  creditable service for up to 10 years of
 4    his service as a member of the County Police Department under
 5    Article 9, by filing  a  written  election  with  the  Board,
 6    accompanied  by  payment of an amount to be determined by the
 7    Board, equal to (i) the  difference  between  the  amount  of
 8    employee and employer contributions transferred to the System
 9    under  Section  9-121.10 and the amounts that would have been
10    contributed had those 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        (h)  Subject to the limitation in subsection (i), a State
15    policeman  or  investigator  for  the  Secretary of State may
16    elect to establish eligible creditable service for up  to  12
17    years  of  his  service  as  a  policeman under Article 5, by
18    filing a written election with the Board on or before January
19    31, 1992, and paying to the System by  January  31,  1994  an
20    amount  to  be  determined  by  the  Board,  equal to (i) the
21    difference  between  the  amount  of  employee  and  employer
22    contributions transferred to the System under Section  5-236,
23    and  the  amounts  that  would have been contributed had such
24    contributions been made at  the  rates  applicable  to  State
25    policemen,  plus  (ii) interest thereon at the effective rate
26    for each year, compounded annually, from the date of  service
27    to the date of payment.
28        Subject  to  the  limitation  in  subsection (i), a State
29    policeman, conservation police officer, or  investigator  for
30    the  Secretary  of  State  may  elect  to  establish eligible
31    creditable service for  up  to  10  years  of  service  as  a
32    sheriff's law enforcement employee under Article 7, by filing
33    a  written  election  with the Board on or before January 31,
34    1993, and paying to the System by January 31, 1994 an  amount
 
                            -21-               LRB9203828EGfg
 1    to  be  determined  by the Board, equal to (i) the difference
 2    between the amount of  employee  and  employer  contributions
 3    transferred  to  the  System  under  Section 7-139.7, and the
 4    amounts  that  would   have   been   contributed   had   such
 5    contributions  been  made  at  the  rates applicable to State
 6    policemen, plus (ii) interest thereon at the  effective  rate
 7    for  each year, compounded annually, from the date of service
 8    to the date of payment.
 9        (i)  The total  amount  of  eligible  creditable  service
10    established  by  any  person under subsections (g), (h), (j),
11    (k), and (l) of this Section shall not exceed 12 years.
12        (j)  Subject to the  limitation  in  subsection  (i),  an
13    investigator   for   the  Office  of  the  State's  Attorneys
14    Appellate Prosecutor or a controlled substance inspector  may
15    elect  to  establish eligible creditable service for up to 10
16    years of his service as a policeman  under  Article  3  or  a
17    sheriff's law enforcement employee under Article 7, by filing
18    a  written election with the Board, accompanied by payment of
19    an amount to be determined by the Board,  equal  to  (1)  the
20    difference  between  the  amount  of  employee  and  employer
21    contributions transferred to the System under Section 3-110.6
22    or  7-139.8, and the amounts that would have been contributed
23    had such contributions been made at the rates  applicable  to
24    State  policemen,  plus (2) interest thereon at the effective
25    rate for each year, compounded annually,  from  the  date  of
26    service to the date of payment.
27        (k)  Subject  to the limitation in subsection (i) of this
28    Section,  an  alternative  formula  employee  may  elect   to
29    establish  eligible creditable service for periods spent as a
30    full-time law enforcement officer  or  full-time  corrections
31    officer  employed  by the federal government or by a state or
32    local government  located  outside  of  Illinois,  for  which
33    credit  is not held in any other public employee pension fund
34    or retirement system.  To obtain this credit,  the  applicant
 
                            -22-               LRB9203828EGfg
 1    must  file  a written application with the Board by March 31,
 2    1998, accompanied by evidence of  eligibility  acceptable  to
 3    the  Board  and  payment of an amount to be determined by the
 4    Board, equal to (1) employee  contributions  for  the  credit
 5    being  established,  based upon the applicant's salary on the
 6    first day  as  an  alternative  formula  employee  after  the
 7    employment  for  which  credit  is  being established and the
 8    rates then applicable to alternative formula employees,  plus
 9    (2)  an  amount  determined by the Board to be the employer's
10    normal cost of the benefits  accrued  for  the  credit  being
11    established,  plus  (3)  regular  interest  on the amounts in
12    items (1) and (2)  from  the  first  day  as  an  alternative
13    formula  employee  after  the  employment for which credit is
14    being established to the date of payment.
15        (l)  Subject to  the  limitation  in  subsection  (i),  a
16    security employee of the Department of Corrections may elect,
17    not later than July 1, 1998, to establish eligible creditable
18    service  for  up  to  10  years  of  his  or her service as a
19    policeman under Article 3, by filing a written election  with
20    the  Board,  accompanied  by  payment  of  an  amount  to  be
21    determined  by the Board, equal to (i) the difference between
22    the amount of employee and employer contributions transferred
23    to the System under Section 3-110.5,  and  the  amounts  that
24    would  have been contributed had such contributions been made
25    at  the  rates  applicable  to  security  employees  of   the
26    Department  of Corrections, plus (ii) interest thereon at the
27    effective rate for each year, compounded annually,  from  the
28    date of service to the date of payment.
29    (Source: P.A.  90-32,  eff.  6-27-97;  91-357,  eff. 7-29-99;
30    91-760, eff. 1-1-01.)

31        (40 ILCS 5/14-114) (from Ch. 108 1/2, par. 14-114)
32        Sec. 14-114.  Automatic increase in retirement annuity.
33        (a)  Any person receiving a retirement annuity under this
 
                            -23-               LRB9203828EGfg
 1    Article who retires having attained age 60,  or  who  retires
 2    before age 60 having at least 35 years of creditable service,
 3    or  who  retires on or after January 1, 2001 at an age which,
 4    when added to the number of years of his  or  her  creditable
 5    service,  equals  at  least  85,  shall,  on  January  1 next
 6    following the first full year of retirement, have the  amount
 7    of  the  then  fixed  and  payable monthly retirement annuity
 8    increased 3%.  Any  person  receiving  a  retirement  annuity
 9    under  this  Article  who retires before attainment of age 60
10    and with less than (i) 35  years  of  creditable  service  if
11    retirement  is  before January 1, 2001, or (ii) the number of
12    years of creditable service which, when added to the member's
13    age, would equal 85, if retirement is on or after January  1,
14    2001,  shall  have  the  amount  of  the  fixed  and  payable
15    retirement annuity increased by 3% on the January 1 occurring
16    on  or  next  following  (1) attainment of age 60, or (2) the
17    first anniversary  of  retirement,  whichever  occurs  later.
18    However,  for  persons who receive the alternative retirement
19    annuity under Section 14-110, references in  this  subsection
20    (a)  to  attainment  of  age  60  shall be deemed to refer to
21    attainment  of  age  55.   For  a  person   receiving   early
22    retirement incentives under Section 14-108.3 whose retirement
23    annuity  began after January 1, 1992 pursuant to an extension
24    granted under subsection  (e)  of  that  Section,  the  first
25    anniversary  of  retirement  shall be deemed to be January 1,
26    1993.  For a person who retires on  or  after  the  effective
27    date  of this amendatory Act of the 92nd General Assembly and
28    on or before the first  day  of  the  fourth  calendar  month
29    following  the  month  in  which  this  amendatory  Act takes
30    effect, and whose retirement annuity is calculated, in  whole
31    or  in part, under Section 14-110 or subsection (g) or (h) of
32    Section 14-108, the first anniversary of retirement shall  be
33    deemed to be January 1, 2002.
34        On  each  January  1  following  the  date of the initial
 
                            -24-               LRB9203828EGfg
 1    increase  under  this  subsection,  the  employee's   monthly
 2    retirement annuity shall be increased by an additional 3%.
 3        Beginning January 1, 1990, all automatic annual increases
 4    payable   under   this  Section  shall  be  calculated  as  a
 5    percentage of the total annuity payable at the  time  of  the
 6    increase,  including  previous  increases  granted under this
 7    Article.
 8        (b)  The provisions of subsection  (a)  of  this  Section
 9    shall be applicable to an employee only if the employee makes
10    the additional contributions required after December 31, 1969
11    for  the purpose of the automatic increases for not less than
12    the equivalent of one full year. If an  employee  becomes  an
13    annuitant  before his additional contributions equal one full
14    year's contributions based on  his  salary  at  the  date  of
15    retirement, the employee may pay the necessary balance of the
16    contributions   to  the  system,  without  interest,  and  be
17    eligible  for  the  increasing  annuity  authorized  by  this
18    Section.
19        (c)  The provisions of subsection  (a)  of  this  Section
20    shall not be applicable to any annuitant who is on retirement
21    on  December  31,  1969,  and  thereafter  returns  to  State
22    service,  unless the member has established at least one year
23    of  additional  creditable  service  following  reentry  into
24    service.
25        (d)  In addition to other increases which may be provided
26    by this Section, on January 1, 1981  any  annuitant  who  was
27    receiving  a  retirement annuity on or before January 1, 1971
28    shall have his retirement annuity then being  paid  increased
29    $1 per month for each year of creditable service.  On January
30    1,  1982,  any  annuitant  who  began  receiving a retirement
31    annuity  on  or  before  January  1,  1977,  shall  have  his
32    retirement annuity then being paid increased $1 per month for
33    each year of creditable service.
34        On January 1, 1987, any annuitant who began  receiving  a
 
                            -25-               LRB9203828EGfg
 1    retirement  annuity  on or before January 1, 1977, shall have
 2    the monthly retirement annuity increased by an  amount  equal
 3    to  8¢  per  year  of  creditable service times the number of
 4    years that have elapsed since the annuity began.
 5        (e)  Every person who receives the alternative retirement
 6    annuity under Section 14-110 and who is eligible  to  receive
 7    the  3%  increase  under  subsection  (a) on January 1, 1986,
 8    shall also receive  on  that  date  a  one-time  increase  in
 9    retirement  annuity  equal  to the difference between (1) his
10    actual  retirement  annuity  on  that  date,  including   any
11    increases  received  under subsection (a), and (2) the amount
12    of retirement annuity he would have received on that date  if
13    the  amendments  to  subsection (a) made by Public Act 84-162
14    had been in effect since the date of his retirement.
15    (Source: P.A. 91-927, eff. 12-14-00.)

16        (40 ILCS 5/14-133) (from Ch. 108 1/2, par. 14-133)
17        Sec. 14-133. Contributions on behalf of members.
18        (a)  Each participating employee shall make contributions
19    to the System,  based  on  the  employee's  compensation,  as
20    follows:
21             (1)  Covered  employees,  except as indicated below,
22        3.5% for retirement annuity, and  0.5%  for  a  widow  or
23        survivors annuity;
24             (2)  Noncovered   employees,   except  as  indicated
25        below, 7% for retirement annuity and 1% for  a  widow  or
26        survivors annuity;
27             (3)  Noncovered  employees  serving in a position in
28        which "eligible creditable service" as defined in Section
29        14-110 may be earned, 8.5% for retirement annuity and  1%
30        for  a  widow  or  survivors  annuity  plus the following
31        amount for retirement annuity: 8.5% through December  31,
32        2001;  9.5% in 2002; 10.5% in 2003; and 11.5% in 2004 and
33        thereafter;
 
                            -26-               LRB9203828EGfg
 1             (4)  Covered employees  serving  in  a  position  in
 2        which "eligible creditable service" as defined in Section
 3        14-110  may be earned, 5% for retirement annuity and 0.5%
 4        for a widow  or  survivors  annuity  plus  the  following
 5        amount  for  retirement  annuity: 5% through December 31,
 6        2001; 6% in  2002;  7%  in  2003;  and  8%  in  2004  and
 7        thereafter;
 8             (5)  Each  security  employee  of  the Department of
 9        Corrections or of the Department of Human Services who is
10        a covered employee, 5% for retirement  annuity  and  0.5%
11        for  a  widow  or  survivors  annuity  plus the following
12        amount for retirement annuity: 5%  through  December  31,
13        2001;  6%  in  2002;  7%  in  2003;  and  8%  in 2004 and
14        thereafter;
15             (6)  Each security employee  of  the  Department  of
16        Corrections or of the Department of Human Services who is
17        not  a  covered employee, 8.5% for retirement annuity and
18        1% for a widow or survivors annuity  plus  the  following
19        amount  for retirement annuity: 8.5% through December 31,
20        2001; 9.5% in 2002; 10.5% in 2003; and 11.5% in 2004  and
21        thereafter.
22        (b)  Contributions  shall  be  in the form of a deduction
23    from compensation and shall be made notwithstanding that  the
24    compensation  paid  in  cash to the employee shall be reduced
25    thereby below the minimum prescribed by  law  or  regulation.
26    Each  member is deemed to consent and agree to the deductions
27    from compensation provided for in  this  Article,  and  shall
28    receipt in full for salary or compensation.
29    (Source: P.A. 89-507, eff. 7-1-97; 90-448, eff. 8-16-97.)

30        (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
31        Sec.    16-106.  Teacher.    "Teacher":   The   following
32    individuals, provided that, for employment prior to  July  1,
33    1990,  they  are  employed  on  a  full-time basis, or if not
 
                            -27-               LRB9203828EGfg
 1    full-time, on a permanent and continuous basis in a  position
 2    in  which  services  are expected to be rendered for at least
 3    one school term:
 4             (1)  Any educational,  administrative,  professional
 5        or  other  staff  employed  in  the public common schools
 6        included within  this  system  in  a  position  requiring
 7        certification  under  the law governing the certification
 8        of teachers;
 9             (2)  Any educational,  administrative,  professional
10        or other staff employed in any facility of the Department
11        of  Children  and  Family  Services  or the Department of
12        Human Services, in  a  position  requiring  certification
13        under  the  law  governing the certification of teachers,
14        and any person who (i) works in such a position  for  the
15        Department  of  Corrections,  (ii)  was  a member of this
16        System on May 31, 1987, and (iii) did not elect to become
17        a  member  of  the  State  Employees'  Retirement  System
18        pursuant to Section 14-108.2 of this  Code;  except  that
19        "teacher"  does  not include any person who (A) becomes a
20        security employee of the Department of Human Services, as
21        defined in Section 14-110, after the  effective  date  of
22        this  amendatory Act of the 92nd General Assembly, or (B)
23        becomes a  member  of  the  State  Employees'  Retirement
24        System pursuant to Section 14-108.2c of this Code;
25             (3)  Any   regional   superintendent   of   schools,
26        assistant   regional  superintendent  of  schools,  State
27        Superintendent of Education; any person employed  by  the
28        State  Board  of Education as an executive; any executive
29        of the boards engaged in the  service  of  public  common
30        school  education  in school districts covered under this
31        system of which the State Superintendent of Education  is
32        an ex-officio member;
33             (4)  Any  employee  of  a  school  board association
34        operating in compliance with Article  23  of  the  School
 
                            -28-               LRB9203828EGfg
 1        Code  who  is  certificated  under  the law governing the
 2        certification of teachers;
 3             (5)  Any person employed by the retirement system as
 4        an executive, and any person employed by  the  retirement
 5        system  who  is  certificated under the law governing the
 6        certification of teachers;
 7             (6)  Any educational,  administrative,  professional
 8        or  other staff employed by and under the supervision and
 9        control of a regional superintendent of schools, provided
10        such  employment  position  requires  the  person  to  be
11        certificated under the law governing the certification of
12        teachers and is in an educational program  serving  2  or
13        more  districts  in  accordance  with  a  joint agreement
14        authorized by the School Code or by federal legislation;
15             (7)  Any educational,  administrative,  professional
16        or  other  staff  employed  in   an  educational  program
17        serving  2  or more school districts in accordance with a
18        joint agreement authorized  by  the  School  Code  or  by
19        federal   legislation   and   in   a  position  requiring
20        certification under the laws governing the  certification
21        of teachers;
22             (8)  Any  officer or employee of a statewide teacher
23        organization   or   officer   of   a   national   teacher
24        organization who is certified  under  the  law  governing
25        certification  of  teachers, provided: (i) the individual
26        had previously established creditable service under  this
27        Article,  (ii)  the  individual  files with the system an
28        irrevocable election to become a member,  and  (iii)  the
29        individual does not receive credit for such service under
30        any other Article of this Code;
31             (9)  Any  educational, administrative, professional,
32        or other staff employed in a charter school operating  in
33        compliance   with   the   Charter   Schools  Law  who  is
34        certificated under the law governing the certification of
 
                            -29-               LRB9203828EGfg
 1        teachers.
 2        An annuitant receiving a retirement  annuity  under  this
 3    Article  or  under Article 17 of this Code who is temporarily
 4    employed by a  board  of  education  or  other  employer  not
 5    exceeding  that  permitted  under  Section  16-118  is  not a
 6    "teacher" for purposes of this Article.   A  person  who  has
 7    received   a  single-sum  retirement  benefit  under  Section
 8    16-136.4 of this Article is not a "teacher" for  purposes  of
 9    this Article.
10    (Source: P.A.  89-450,  eff.  4-10-96;  89-507,  eff. 7-1-97;
11    90-14, eff. 7-1-97; 90-448, eff. 8-16-97.)

12        (40 ILCS 5/16-131.6) (from Ch. 108 1/2, par. 16-131.6)
13        Sec. 16-131.6.  Transfer to Article 14.
14        (a)  Any active member of the State Employees' Retirement
15    System of Illinois may apply for transfer to that  System  of
16    credits  and creditable service accumulated under this System
17    for service as  a  teacher  employed  by  the  Department  of
18    Corrections.   Such  creditable  service shall be transferred
19    forthwith.  Payment by this System to  the  State  Employees'
20    Retirement  System  shall  be made at the same time and shall
21    consist of:
22             (1)  the amounts accumulated to the  credit  of  the
23        applicant  for  such  service, including interest, on the
24        books of this System on the date of transfer; and
25             (2)  employer contributions in an  amount  equal  to
26        the  amount  of  member contributions as determined under
27        item (1).
28    Participation in this System as to  any  credits  transferred
29    under  this subsection Section shall terminate on the date of
30    transfer.
31        (b)  Any active member of the State Employees' Retirement
32    System of Illinois may apply for transfer to that  System  of
33    credits  and creditable service accumulated under this System
 
                            -30-               LRB9203828EGfg
 1    for service as a security employee of the Department of Human
 2    Services as defined (at the time of application)  in  Section
 3    14-110.    That   creditable  service  shall  be  transferred
 4    forthwith.  Payment by this System to  the  State  Employees'
 5    Retirement  System  shall  be made at the same time and shall
 6    consist of:
 7             (1)  the amounts accumulated to the  credit  of  the
 8        applicant  for  that  service, including interest, on the
 9        books of  this  System  on  the  date  of  transfer,  but
10        excluding  any  contribution  paid  by  the  member under
11        Section 16-129.1 to upgrade that credit to the  augmented
12        rate, which shall be refunded to the member; and
13             (2)  employer  contributions  in  an amount equal to
14        the amount of member contributions  as  determined  under
15        item (1).
16    Participation  in  this  System as to any credits transferred
17    under  this  subsection  shall  terminate  on  the  date   of
18    transfer.
19    (Source: P.A. 86-1488.)

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.

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