State of Illinois
92nd General Assembly
Legislation

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92_HB0267eng

 
HB0267 Engrossed                               LRB9203952EGfg

 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 Section 14-110 as follows:

 6        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
 7        Sec. 14-110.  Alternative retirement annuity.
 8        (a)  Any  member  who has withdrawn from service with not
 9    less than 20 years of eligible  creditable  service  and  has
10    attained  age  55,  and  any  member  who  has withdrawn from
11    service with not less than 25 years  of  eligible  creditable
12    service  and  has  attained age 50, regardless of whether the
13    attainment of either of the specified ages occurs  while  the
14    member  is  still in service, shall be entitled to receive at
15    the option of the member, in lieu of the regular  or  minimum
16    retirement   annuity,   a  retirement   annuity  computed  as
17    follows:
18             (i)  for  periods  of  service   as   a   noncovered
19        employee,  2  1/4% of final average compensation for each
20        of the first 10 years of creditable service, 2  1/2%  for
21        each  year  above  10  years to and including 20 years of
22        creditable  service,  and  2  3/4%  for  each   year   of
23        creditable service above 20 years; and
24             (ii)  for  periods of eligible creditable service as
25        a covered employee, 1.67% of final  average  compensation
26        for each of the first 10 years of such service, 1.90% for
27        each of the next 10 years of such service, 2.10% for each
28        year  of  such  service in excess of 20 but not exceeding
29        30, and 2.30% for each year in excess of 30.
30        Such annuity shall be subject to  a  maximum  of  75%  of
31    final   average  compensation.   These  rates  shall  not  be
 
HB0267 Engrossed            -2-                LRB9203952EGfg
 1    applicable to any service performed by a member as a  covered
 2    employee  which  is not eligible creditable service.  Service
 3    as a  covered  employee  which  is  not  eligible  creditable
 4    service  shall  be  subject  to  the  rates and provisions of
 5    Section 14-108.
 6        (b)  For  the  purpose   of   this   Section,   "eligible
 7    creditable  service"  means creditable service resulting from
 8    service in one or more of the following positions:
 9             (1)  State policeman;
10             (2)  fire fighter in the fire protection service  of
11        a department;
12             (3)  air pilot;
13             (4)  special agent;
14             (5)  investigator for the Secretary of State;
15             (6)  conservation police officer;
16             (7)  investigator for the Department of Revenue;
17             (8)  security  employee  of  the Department of Human
18        Services;
19             (9)  Central  Management  Services  security  police
20        officer;
21             (10)  security  employee  of   the   Department   of
22        Corrections;
23             (11)  dangerous drugs investigator;
24             (12)  investigator   for  the  Department  of  State
25        Police;
26             (13)  investigator for the Office  of  the  Attorney
27        General;
28             (14)  controlled substance inspector;
29             (15)  investigator  for  the  Office  of the State's
30        Attorneys Appellate Prosecutor;
31             (16)  Commerce Commission police officer;
32             (17)  arson investigator;
33             (18)  State highway maintenance worker.
34        A person employed in one of the  positions  specified  in
 
HB0267 Engrossed            -3-                LRB9203952EGfg
 1    this  subsection  is  entitled to eligible creditable service
 2    for service credit earned under this Article while undergoing
 3    the basic police training course approved by the Illinois Law
 4    Enforcement Training Standards Board, if completion  of  that
 5    training  is  required  of  persons serving in that position.
 6    For the purposes of this Code, service  during  the  required
 7    basic  police  training course shall be deemed performance of
 8    the duties of the specified position, even though the  person
 9    is not a sworn peace officer at the time of the training.
10        (c)  For the purposes of this Section:
11             (1)  The  term  "state policeman" includes any title
12        or position in the Department of  State  Police  that  is
13        held  by  an  individual  employed under the State Police
14        Act.
15             (2)  The term "fire fighter in the  fire  protection
16        service  of  a  department" includes all officers in such
17        fire  protection  service  including  fire   chiefs   and
18        assistant fire chiefs.
19             (3)  The  term  "air  pilot"  includes  any employee
20        whose official job description on file in the  Department
21        of  Central  Management Services, or in the department by
22        which he is employed if that department is not covered by
23        the Personnel Code, states that his principal duty is the
24        operation  of  aircraft,  and  who  possesses  a  pilot's
25        license; however, the change in this definition  made  by
26        this  amendatory Act of 1983 shall not operate to exclude
27        any noncovered employee who was an "air  pilot"  for  the
28        purposes of this Section on January 1, 1984.
29             (4)  The  term  "special agent" means any person who
30        by reason of  employment  by  the  Division  of  Narcotic
31        Control,  the  Bureau  of Investigation or, after July 1,
32        1977,  the  Division  of  Criminal   Investigation,   the
33        Division  of  Internal  Investigation,  the  Division  of
34        Operations,  or  any  other  Division  or  organizational
 
HB0267 Engrossed            -4-                LRB9203952EGfg
 1        entity in the Department of State Police is vested by law
 2        with   duties   to  maintain  public  order,  investigate
 3        violations of the criminal law of this State, enforce the
 4        laws of this State, make arrests  and  recover  property.
 5        The  term  "special agent" includes any title or position
 6        in the Department of State Police  that  is  held  by  an
 7        individual employed under the State Police Act.
 8             (5)  The  term  "investigator  for  the Secretary of
 9        State" means any person employed by  the  Office  of  the
10        Secretary  of  State  and  vested with such investigative
11        duties as render him ineligible for  coverage  under  the
12        Social  Security  Act by reason of Sections 218(d)(5)(A),
13        218(d)(8)(D) and 218(l)(1) of that Act.
14             A person who became employed as an investigator  for
15        the  Secretary  of  State  between  January  1,  1967 and
16        December 31, 1975, and  who  has  served  as  such  until
17        attainment  of  age  60,  either  continuously  or with a
18        single  break  in  service  of  not  more  than  3  years
19        duration, which break terminated before January 1,  1976,
20        shall   be   entitled  to  have  his  retirement  annuity
21        calculated    in   accordance   with   subsection    (a),
22        notwithstanding  that he has less than 20 years of credit
23        for such service.
24             (6)  The term "Conservation  Police  Officer"  means
25        any person employed by the Division of Law Enforcement of
26        the  Department of Natural Resources and vested with such
27        law enforcement  duties  as  render  him  ineligible  for
28        coverage  under  the  Social  Security  Act  by reason of
29        Sections 218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1)  of
30        that   Act.    The  term  "Conservation  Police  Officer"
31        includes  the  positions  of  Chief  Conservation  Police
32        Administrator   and   Assistant    Conservation    Police
33        Administrator.
34             (7)  The  term  "investigator  for the Department of
 
HB0267 Engrossed            -5-                LRB9203952EGfg
 1        Revenue" means any person employed by the  Department  of
 2        Revenue  and  vested  with  such  investigative duties as
 3        render him  ineligible  for  coverage  under  the  Social
 4        Security   Act   by   reason  of  Sections  218(d)(5)(A),
 5        218(d)(8)(D) and 218(l)(1) of that Act.
 6             (8)  The term "security employee of  the  Department
 7        of  Human  Services"  means  any  person  employed by the
 8        Department of Human  Services  who  is  employed  at  the
 9        Chester  Mental  Health Center and has daily contact with
10        the residents thereof, or who is a mental  health  police
11        officer.  "Mental health police officer" means any person
12        employed  by  the  Department  of  Human  Services  in  a
13        position pertaining to the Department's mental health and
14        developmental  disabilities  functions who is vested with
15        such  law  enforcement  duties  as  render   the   person
16        ineligible  for coverage under the Social Security Act by
17        reason  of  Sections   218(d)(5)(A),   218(d)(8)(D)   and
18        218(l)(1) of that Act.
19             (9)  "Central  Management  Services  security police
20        officer" means any person employed by the  Department  of
21        Central  Management  Services who is vested with such law
22        enforcement duties as render him ineligible for  coverage
23        under  the  Social  Security  Act  by  reason of Sections
24        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
25             (10)  The term "security employee of the  Department
26        of  Corrections"  means any employee of the Department of
27        Corrections or the former Department  of  Personnel,  and
28        any  member or employee of the Prisoner Review Board, who
29        has daily  contact  with  inmates  by  working  within  a
30        correctional  facility  or  who is a parole officer or an
31        employee who has direct contact with committed persons in
32        the performance of his or her job duties.
33             (11)  The term "dangerous drugs investigator"  means
34        any  person  who is employed as such by the Department of
 
HB0267 Engrossed            -6-                LRB9203952EGfg
 1        Human Services.
 2             (12)  The term "investigator for the  Department  of
 3        State  Police"  means a person employed by the Department
 4        of State Police who is vested  under  Section  4  of  the
 5        Narcotic  Control  Division  Abolition  Act with such law
 6        enforcement powers as render him ineligible for  coverage
 7        under  the  Social  Security  Act  by  reason of Sections
 8        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
 9             (13)  "Investigator for the Office of  the  Attorney
10        General"  means any person who is employed as such by the
11        Office of the Attorney General and is  vested  with  such
12        investigative   duties   as  render  him  ineligible  for
13        coverage under the  Social  Security  Act  by  reason  of
14        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
15        Act.   For  the  period  before January 1, 1989, the term
16        includes all persons who were employed  as  investigators
17        by  the Office of the Attorney General, without regard to
18        social security status.
19             (14)  "Controlled  substance  inspector"  means  any
20        person who is employed  as  such  by  the  Department  of
21        Professional  Regulation  and  is  vested  with  such law
22        enforcement duties as render him ineligible for  coverage
23        under  the  Social  Security  Act  by  reason of Sections
24        218(d)(5)(A), 218(d)(8)(D) and  218(l)(1)  of  that  Act.
25        The  term  "controlled  substance inspector" includes the
26        Program  Executive  of  Enforcement  and  the   Assistant
27        Program Executive of Enforcement.
28             (15)  The  term  "investigator for the Office of the
29        State's Attorneys Appellate Prosecutor"  means  a  person
30        employed  in that capacity on a full time basis under the
31        authority  of  Section  7.06  of  the  State's  Attorneys
32        Appellate Prosecutor's Act.
33             (16)  "Commerce Commission police officer" means any
34        person employed by the Illinois Commerce  Commission  who
 
HB0267 Engrossed            -7-                LRB9203952EGfg
 1        is  vested with such law enforcement duties as render him
 2        ineligible for coverage under the Social Security Act  by
 3        reason   of   Sections  218(d)(5)(A),  218(d)(8)(D),  and
 4        218(l)(1) of that Act.
 5             (17)  "Arson investigator" means any person  who  is
 6        employed  as such by the Office of the State Fire Marshal
 7        and is vested with such law enforcement duties as  render
 8        the  person  ineligible  for  coverage  under  the Social
 9        Security  Act  by  reason   of   Sections   218(d)(5)(A),
10        218(d)(8)(D),  and  218(l)(1)  of that Act.  A person who
11        was employed as an arson investigator on January 1,  1995
12        and  is  no  longer  in  service  but not yet receiving a
13        retirement annuity may  convert  his  or  her  creditable
14        service  for  employment  as  an  arson investigator into
15        eligible creditable service by paying to the  System  the
16        difference  between  the  employee contributions actually
17        paid for that service and the  amounts  that  would  have
18        been  contributed  if  the applicant were contributing at
19        the rate applicable  to  persons  with  the  same  social
20        security  status  earning  eligible creditable service on
21        the date of application.
22             (18)  The term "State  highway  maintenance  worker"
23        means a person who is either of the following:
24                  (i)  A  person employed on a full-time basis by
25             the Illinois Department  of  Transportation  in  the
26             position  of highway maintainer, highway maintenance
27             lead worker, highway maintenance  lead/lead  worker,
28             heavy  construction equipment operator, power shovel
29             operator, or bridge mechanic;  and  whose  principal
30             responsibility  is  to  perform, on the roadway, the
31             actual maintenance necessary to  keep  the  highways
32             that  form  a  part  of  the State highway system in
33             serviceable condition for vehicular traffic.
34                  (ii)  A person employed on a full-time basis by
 
HB0267 Engrossed            -8-                LRB9203952EGfg
 1             the Illinois State Toll  Highway  Authority  in  the
 2             position    of   equipment   operator/laborer   H-4,
 3             equipment   operator/laborer   H-6,   welder    H-4,
 4             welder       H-6,     mechanical/electrical     H-4,
 5             mechanical/electrical    H-6,    water/sewer    H-4,
 6             water/sewer  H-6,  sign   maker/hanger   H-4,   sign
 7             maker/hanger  H-6,  roadway  lighting  H-4,  roadway
 8             lighting   H-6,   structural  H-4,  structural  H-6,
 9             painter H-4, or painter  H-6;  and  whose  principal
10             responsibility  is  to  perform, on the roadway, the
11             actual maintenance necessary to keep the Authority's
12             tollways  in  serviceable  condition  for  vehicular
13             traffic.
14        (d)  A   security   employee   of   the   Department   of
15    Corrections, and a security employee  of  the  Department  of
16    Human  Services  who  is  not a mental health police officer,
17    shall not be eligible for the alternative retirement  annuity
18    provided by this Section unless he or she meets the following
19    minimum   age   and  service  requirements  at  the  time  of
20    retirement:
21             (i)  25 years of eligible creditable service and age
22        55; or
23             (ii)  beginning  January  1,  1987,  25   years   of
24        eligible  creditable  service  and age 54, or 24 years of
25        eligible creditable service and age 55; or
26             (iii)  beginning  January  1,  1988,  25  years   of
27        eligible  creditable  service  and age 53, or 23 years of
28        eligible creditable service and age 55; or
29             (iv)  beginning  January  1,  1989,  25   years   of
30        eligible  creditable  service  and age 52, or 22 years of
31        eligible creditable service and age 55; or
32             (v)  beginning January 1, 1990, 25 years of eligible
33        creditable service and age 51, or 21  years  of  eligible
34        creditable service and age 55; or
 
HB0267 Engrossed            -9-                LRB9203952EGfg
 1             (vi)  beginning   January   1,  1991,  25  years  of
 2        eligible creditable service and age 50, or  20  years  of
 3        eligible creditable service and age 55.
 4        Persons  who have service credit under Article 16 of this
 5    Code for service as a security employee of the Department  of
 6    Corrections  in  a  position  requiring  certification  as  a
 7    teacher  may  count  such  service  toward establishing their
 8    eligibility under the service requirements of  this  Section;
 9    but  such  service  may  be  used  only for establishing such
10    eligibility,  and  not  for  the  purpose  of  increasing  or
11    calculating any benefit.
12        (e)  If a member enters military service while working in
13    a position  in  which  eligible  creditable  service  may  be
14    earned,  and  returns to State service in the same or another
15    such  position,  and  fulfills  in  all  other  respects  the
16    conditions prescribed in this Article for credit for military
17    service, such military service shall be credited as  eligible
18    creditable service for the purposes of the retirement annuity
19    prescribed in this Section.
20        (f)  For  purposes  of  calculating  retirement annuities
21    under  this  Section,  periods  of  service  rendered   after
22    December  31,  1968  and  before October 1, 1975 as a covered
23    employee in  the  position  of  special  agent,  conservation
24    police officer, mental health police officer, or investigator
25    for  the  Secretary  of  State,  shall be deemed to have been
26    service as a noncovered employee, provided that the  employee
27    pays to the System prior to retirement an amount equal to (1)
28    the  difference between the employee contributions that would
29    have been required for such service as a noncovered employee,
30    and the amount of employee contributions actually paid,  plus
31    (2)  if payment is made after July 31, 1987, regular interest
32    on the amount specified in item (1) from the date of  service
33    to the date of payment.
34        For  purposes  of  calculating retirement annuities under
 
HB0267 Engrossed            -10-               LRB9203952EGfg
 1    this Section, periods of service rendered after December  31,
 2    1968  and before January 1, 1982 as a covered employee in the
 3    position of investigator for the Department of Revenue  shall
 4    be  deemed  to  have  been  service as a noncovered employee,
 5    provided that the  employee  pays  to  the  System  prior  to
 6    retirement  an amount equal to (1) the difference between the
 7    employee contributions that would have been required for such
 8    service as a noncovered employee, and the amount of  employee
 9    contributions  actually  paid,  plus  (2)  if payment is made
10    after  January  1,  1990,  regular  interest  on  the  amount
11    specified in item (1) from the date of service to the date of
12    payment.
13        (g)  A State policeman may elect, not later than  January
14    1,  1990,  to establish eligible creditable service for up to
15    10 years of his service as a policeman under  Article  3,  by
16    filing  a  written  election  with  the Board, accompanied by
17    payment of an amount to be determined by the Board, equal  to
18    (i)  the  difference  between  the  amount  of  employee  and
19    employer   contributions  transferred  to  the  System  under
20    Section  3-110.5,  and  the  amounts  that  would  have  been
21    contributed had such contributions been  made  at  the  rates
22    applicable  to State policemen, plus (ii) interest thereon at
23    the effective rate for each year, compounded  annually,  from
24    the date of service to the date of payment.
25        Subject  to  the  limitation  in  subsection (i), a State
26    policeman  may  elect,  not  later  than  July  1,  1993,  to
27    establish eligible creditable service for up to 10  years  of
28    his service as a member of the County Police Department under
29    Article  9,  by  filing  a  written  election with the Board,
30    accompanied by payment of an amount to be determined  by  the
31    Board,  equal  to  (i)  the  difference between the amount of
32    employee and employer contributions transferred to the System
33    under Section 9-121.10 and the amounts that would  have  been
34    contributed  had  those  contributions been made at the rates
 
HB0267 Engrossed            -11-               LRB9203952EGfg
 1    applicable to State policemen, plus (ii) interest thereon  at
 2    the  effective  rate for each year, compounded annually, from
 3    the date of service to the date of payment.
 4        (h)  Subject to the limitation in subsection (i), a State
 5    policeman or investigator for  the  Secretary  of  State  may
 6    elect  to  establish eligible creditable service for up to 12
 7    years of his service as  a  policeman  under  Article  5,  by
 8    filing a written election with the Board on or before January
 9    31,  1992,  and  paying  to the System by January 31, 1994 an
10    amount to be determined  by  the  Board,  equal  to  (i)  the
11    difference  between  the  amount  of  employee  and  employer
12    contributions  transferred to the System under Section 5-236,
13    and the amounts that would have  been  contributed  had  such
14    contributions  been  made  at  the  rates applicable to State
15    policemen, plus (ii) interest thereon at the  effective  rate
16    for  each year, compounded annually, from the date of service
17    to the date of payment.
18        Subject to the limitation  in  subsection  (i),  a  State
19    policeman,  conservation  police officer, or investigator for
20    the Secretary  of  State  may  elect  to  establish  eligible
21    creditable  service  for  up  to  10  years  of  service as a
22    sheriff's law enforcement employee under Article 7, by filing
23    a written election with the Board on or  before  January  31,
24    1993,  and paying to the System by January 31, 1994 an amount
25    to be determined by the Board, equal to  (i)  the  difference
26    between  the  amount  of  employee and employer contributions
27    transferred to the System  under  Section  7-139.7,  and  the
28    amounts   that   would   have   been   contributed  had  such
29    contributions been made at  the  rates  applicable  to  State
30    policemen,  plus  (ii) interest thereon at the effective rate
31    for each year, compounded annually, from the date of  service
32    to the date of payment.
33        (i)  The  total  amount  of  eligible  creditable service
34    established by any person under subsections  (g),  (h),  (j),
 
HB0267 Engrossed            -12-               LRB9203952EGfg
 1    (k), and (l) of this Section shall not exceed 12 years.
 2        (j)  Subject  to  the  limitation  in  subsection (i), an
 3    investigator  for  the  Office  of  the   State's   Attorneys
 4    Appellate  Prosecutor or a controlled substance inspector may
 5    elect to establish eligible creditable service for up  to  10
 6    years  of  his  service  as  a policeman under Article 3 or a
 7    sheriff's law enforcement employee under Article 7, by filing
 8    a written election with the Board, accompanied by payment  of
 9    an  amount  to  be  determined by the Board, equal to (1) the
10    difference  between  the  amount  of  employee  and  employer
11    contributions transferred to the System under Section 3-110.6
12    or 7-139.8, and the amounts that would have been  contributed
13    had  such  contributions been made at the rates applicable to
14    State policemen, plus (2) interest thereon at  the  effective
15    rate  for  each  year,  compounded annually, from the date of
16    service to the date of payment.
17        (k)  Subject to the limitation in subsection (i) of  this
18    Section,   an  alternative  formula  employee  may  elect  to
19    establish eligible creditable service for periods spent as  a
20    full-time  law  enforcement  officer or full-time corrections
21    officer employed by the federal government or by a  state  or
22    local  government  located  outside  of  Illinois,  for which
23    credit is not held in any other public employee pension  fund
24    or  retirement  system.  To obtain this credit, the applicant
25    must file a written application with the Board by  March  31,
26    1998,  accompanied  by  evidence of eligibility acceptable to
27    the Board and payment of an amount to be  determined  by  the
28    Board,  equal  to  (1)  employee contributions for the credit
29    being established, based upon the applicant's salary  on  the
30    first  day  as  an  alternative  formula  employee  after the
31    employment for which credit  is  being  established  and  the
32    rates  then applicable to alternative formula employees, plus
33    (2) an amount determined by the Board to  be  the  employer's
34    normal  cost  of  the  benefits  accrued for the credit being
 
HB0267 Engrossed            -13-               LRB9203952EGfg
 1    established, plus (3) regular  interest  on  the  amounts  in
 2    items  (1)  and  (2)  from  the  first  day as an alternative
 3    formula employee after the employment  for  which  credit  is
 4    being established to the date of payment.
 5        (l)  Subject  to  the  limitation  in  subsection  (i), a
 6    security employee of the Department of Corrections may elect,
 7    not later than July 1, 1998, to establish eligible creditable
 8    service for up to 10  years  of  his  or  her  service  as  a
 9    policeman  under Article 3, by filing a written election with
10    the  Board,  accompanied  by  payment  of  an  amount  to  be
11    determined by the Board, equal to (i) the difference  between
12    the amount of employee and employer contributions transferred
13    to  the  System  under  Section 3-110.5, and the amounts that
14    would have been contributed had such contributions been  made
15    at   the  rates  applicable  to  security  employees  of  the
16    Department of Corrections, plus (ii) interest thereon at  the
17    effective  rate  for each year, compounded annually, from the
18    date of service to the date of payment.
19    (Source: P.A. 90-32,  eff.  6-27-97;  91-357,  eff.  7-29-99;
20    91-760, eff. 1-1-01.)

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

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