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92_HB0250eng HB0250 Engrossed 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 HB0250 Engrossed -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 HB0250 Engrossed -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. HB0250 Engrossed -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 HB0250 Engrossed -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 HB0250 Engrossed -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 HB0250 Engrossed -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. HB0250 Engrossed -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 HB0250 Engrossed -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.) HB0250 Engrossed -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 HB0250 Engrossed -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; HB0250 Engrossed -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 HB0250 Engrossed -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 HB0250 Engrossed -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)whois a mental HB0250 Engrossed -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. HB0250 Engrossed -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. HB0250 Engrossed -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 HB0250 Engrossed -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 HB0250 Engrossed -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. HB0250 Engrossed -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 HB0250 Engrossed -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 HB0250 Engrossed -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 HB0250 Engrossed -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 HB0250 Engrossed -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 HB0250 Engrossed -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 and1% 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; HB0250 Engrossed -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 and0.5% 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 and0.5% 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 and18 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 HB0250 Engrossed -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 HB0250 Engrossed -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 HB0250 Engrossed -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 subsectionSectionshall 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 HB0250 Engrossed -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.