State of Illinois
92nd General Assembly
Legislation

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92_HB0519

 
                                               LRB9204563EGfg

 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  3-110.6,  5-236,  7-139.8,  9-121.10, and
 6    14-110 and adding Section 15-134.6 as follows:

 7        (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
 8        Sec. 3-110.6.  Transfer to Article 14 System.
 9        (a)  Any active member of the State Employees' Retirement
10    System who is employed in a position  for  which  he  or  she
11    earns  eligible  creditable  service  as  defined  in Section
12    14-110 of this Code an investigator for  the  Office  of  the
13    State's   Attorneys  Appellate  Prosecutor  or  a  controlled
14    substance inspector may  apply  for  transfer  of  all  or  a
15    portion  of  his or her creditable service accumulated in any
16    police  pension  fund  under  this  Article  to   the   State
17    Employees'  Retirement  System  in  accordance  with  Section
18    14-110.   The  creditable  service  shall be transferred only
19    upon  payment  by  the  police  pension  fund  to  the  State
20    Employees' Retirement System of an amount equal to:
21             (1)  the amounts accumulated to the  credit  of  the
22        applicant  on the books of the fund for the service to be
23        transferred on the date of transfer; and
24             (2)  employer contributions in an  amount  equal  to
25        the amount determined under item subparagraph (1); and
26             (3)  any  interest paid by the applicant in order to
27        reinstate that service.
28    Participation in the police pension fund with resect  to  the
29    service transferred shall terminate on the date of transfer.
30        (b)  Any person transferring service under subsection (a)
31    such  investigator  or  inspector may reinstate service which
 
                            -2-                LRB9204563EGfg
 1    was terminated by receipt of  a  refund,  by  paying  to  the
 2    police  pension  fund  the amount of the refund with interest
 3    thereon at the rate of 6% per year, compounded annually, from
 4    the date of refund to the date of payment.
 5    (Source: P.A. 90-32, eff. 6-27-97.)

 6        (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
 7        Sec. 5-236.  Transfer to Article 14.
 8        (a)  Until January 31, 1994, Any  active  member  of  the
 9    State  Employees'  Retirement  System  who  is  employed in a
10    position for  which  he  or  she  earns  eligible  creditable
11    service  as  defined  in  Section 14-110 of this Code a State
12    policeman or investigator for  the  Secretary  of  State  may
13    apply  for  transfer  of  all  or  a  portion  of  his or her
14    creditable service accumulated  under  this  Article  to  the
15    State Employees' Retirement System in accordance with Section
16    14-110.    At  the time of the transfer the Fund shall pay to
17    the State Employees' Retirement System an amount equal to:
18             (1)  the amounts accumulated to the  credit  of  the
19        applicant  on the books of the Fund for the service to be
20        transferred on the date of transfer; and
21             (2)  the   corresponding    municipality    credits,
22        including  interest, on the books of the Fund on the date
23        of transfer; and
24             (3)  any interest paid by the applicant in order  to
25        reinstate that service.
26    Participation  in  this  Fund  with  respect  to  the service
27    transferred shall terminate on the date of transfer.
28        (b)  Until January  31,  1994,  Any  person  transferring
29    service   under   subsection  (a)  such  State  policeman  or
30    investigator for the Secretary of State may reinstate service
31    that was terminated by receipt of a refund, by paying to  the
32    Fund  the  amount  of the refund with interest thereon at the
33    rate of 6% per year, compounded annually, from  the  date  of
 
                            -3-                LRB9204563EGfg
 1    refund to the date of payment.
 2        (c)  Within  30  days  after  the  effective date of this
 3    amendatory Act of  1993,  any  active  member  of  the  State
 4    Employees'   Retirement   System  who  was  earning  eligible
 5    creditable  service  under  subdivision  (b)(12)  of  Section
 6    14-110 on January 1, 1992 and who has at least  17  years  of
 7    creditable  service under this Article may apply for transfer
 8    of his creditable service accumulated under this  Article  to
 9    the  State  Employees' Retirement System.  At the time of the
10    transfer  the  Fund  shall  pay  to  the   State   Employees'
11    Retirement System an amount equal to:
12             (1)  the  amounts  accumulated  to the credit of the
13        applicant on the  books  of  the  Fund  on  the  date  of
14        transfer; and
15             (2)  the    corresponding    municipality   credits,
16        including interest, on the books of the Fund on the  date
17        of transfer.
18    Participation  in  this  Fund  shall terminate on the date of
19    transfer.
20    (Source: P.A. 86-1488; 87-1265.)

21        (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
22        Sec. 7-139.8.  Transfer to Article 14 System.
23        (a) Any active member of the State Employees'  Retirement
24    System  who  is  employed  in  a position for which he or she
25    earns eligible  creditable  service  as  defined  in  Section
26    14-110  of  this  Code  an investigator for the Office of the
27    State's  Attorneys  Appellate  Prosecutor  or  a   controlled
28    substance  inspector  may  apply  for  transfer  of  all or a
29    portion  of  his  or  her  credits  and  creditable   service
30    accumulated  in  this  Fund  for  service  as a sheriff's law
31    enforcement  employee  to  the  State  Employees'  Retirement
32    System in accordance with  Section  14-110.   The  creditable
33    service  shall  be transferred only upon payment by this Fund
 
                            -4-                LRB9204563EGfg
 1    to the State Employees' Retirement System of an amount  equal
 2    to:
 3             (1)  the  amounts  accumulated  to the credit of the
 4        applicant  for  the  service  to  be  transferred  as   a
 5        sheriff's  law  enforcement employee, including interest;
 6        and
 7             (2)  municipality credits  based  on  such  service,
 8        including interest; and
 9             (3)  any interest paid by the applicant to reinstate
10        such service.
11    Participation  in  this  Fund  as  to any credits transferred
12    under this Section shall terminate on the date of transfer.
13        (b)  Any person transferring service under subsection (a)
14    such investigator or  inspector  may  reinstate  credits  and
15    creditable  service  terminated  upon receipt of a separation
16    benefit, by paying to the Fund the amount of  the  separation
17    benefit  plus  interest thereon at the rate of 6% per year to
18    the date of payment.
19    (Source: P.A. 90-32, eff. 6-27-97.)

20        (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
21        Sec. 9-121.10.  Transfer to Article 14.
22        (a)  Until July 1, 1993, Any active member of  the  State
23    Employees'  Retirement  System  who is employed in a position
24    for which he or she  earns  eligible  creditable  service  as
25    defined  in Section 14-110 of this Code a State policeman may
26    apply for transfer of some or all of his  or  her  creditable
27    service   as   a  member  of  the  County  Police  Department
28    accumulated  under  this  Article  to  the  State  Employees'
29    Retirement System in accordance with Section 14-110.  At  the
30    time  of  the  transfer  the  Fund  shall  pay  to  the State
31    Employees' Retirement System an amount equal to:
32             (1)  the amounts accumulated to the  credit  of  the
33        applicant  on  the  books  of  the  Fund  on  the date of
 
                            -5-                LRB9204563EGfg
 1        transfer for the service to be transferred; and
 2             (2)  the   corresponding    municipality    credits,
 3        including  interest, on the books of the Fund on the date
 4        of transfer; and
 5             (3)  any interest paid by the applicant in order  to
 6        reinstate such service.
 7    Participation  in  this  Fund  with  respect  to  the credits
 8    transferred shall terminate on the date of transfer.
 9        (b)  Until July 1, 1993, Any person transferring  service
10    under  subsection  (a)  such  State  policeman  may reinstate
11    credit  for  service  as  a  member  of  the  County   Police
12    Department  that  was  terminated  by receipt of a refund, by
13    paying to the Fund the amount of  the  refund  with  interest
14    thereon at the rate of 6% per year, compounded annually, from
15    the date of refund to the date of payment.
16    (Source: P.A. 87-1265.)

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,  2  1/4% of final average compensation for each
31        of the first 10 years of creditable service, 2  1/2%  for
32        each  year  above  10  years to and including 20 years of
33        creditable  service,  and  2  3/4%  for  each   year   of
 
                            -6-                LRB9204563EGfg
 1        creditable service above 20 years; and
 2             (ii)  for  periods of eligible creditable service as
 3        a covered employee, 1.67% of final  average  compensation
 4        for each of the first 10 years of such service, 1.90% for
 5        each of the next 10 years of such service, 2.10% for each
 6        year  of  such  service in excess of 20 but not exceeding
 7        30, and 2.30% for each year in excess of 30.
 8        Such annuity shall be subject to  a  maximum  of  75%  of
 9    final   average  compensation.   These  rates  shall  not  be
10    applicable to any service performed by a member as a  covered
11    employee  which  is not eligible creditable service.  Service
12    as a  covered  employee  which  is  not  eligible  creditable
13    service  shall  be  subject  to  the  rates and provisions of
14    Section 14-108.
15        (b)  For  the  purpose   of   this   Section,   "eligible
16    creditable  service"  means creditable service resulting from
17    service in one or more of the following positions:
18             (1)  State policeman;
19             (2)  fire fighter in the fire protection service  of
20        a department;
21             (3)  air pilot;
22             (4)  special agent;
23             (5)  investigator for the Secretary of State;
24             (6)  conservation police officer;
25             (7)  investigator for the Department of Revenue;
26             (8)  security  employee  of  the Department of Human
27        Services;
28             (9)  Central  Management  Services  security  police
29        officer;
30             (10)  security  employee  of   the   Department   of
31        Corrections;
32             (11)  dangerous drugs investigator;
33             (12)  investigator   for  the  Department  of  State
34        Police;
 
                            -7-                LRB9204563EGfg
 1             (13)  investigator for the Office  of  the  Attorney
 2        General;
 3             (14)  controlled substance inspector;
 4             (15)  investigator  for  the  Office  of the State's
 5        Attorneys Appellate Prosecutor;
 6             (16)  Commerce Commission police officer;
 7             (17)  arson investigator.
 8        A person employed in one of the  positions  specified  in
 9    this  subsection  is  entitled to eligible creditable service
10    for service credit earned under this Article while undergoing
11    the basic police training course approved by the Illinois Law
12    Enforcement Training Standards Board, if completion  of  that
13    training  is  required  of  persons serving in that position.
14    For the purposes of this Code, service  during  the  required
15    basic  police  training course shall be deemed performance of
16    the duties of the specified position, even though the  person
17    is not a sworn peace officer at the time of the training.
18        (c)  For the purposes of this Section:
19             (1)  The  term  "state policeman" includes any title
20        or position in the Department of  State  Police  that  is
21        held  by  an  individual  employed under the State Police
22        Act.
23             (2)  The term "fire fighter in the  fire  protection
24        service  of  a  department" includes all officers in such
25        fire  protection  service  including  fire   chiefs   and
26        assistant fire chiefs.
27             (3)  The  term  "air  pilot"  includes  any employee
28        whose official job description on file in the  Department
29        of  Central  Management Services, or in the department by
30        which he is employed if that department is not covered by
31        the Personnel Code, states that his principal duty is the
32        operation  of  aircraft,  and  who  possesses  a  pilot's
33        license; however, the change in this definition  made  by
34        this  amendatory Act of 1983 shall not operate to exclude
 
                            -8-                LRB9204563EGfg
 1        any noncovered employee who was an "air  pilot"  for  the
 2        purposes of this Section on January 1, 1984.
 3             (4)  The  term  "special agent" means any person who
 4        by reason of  employment  by  the  Division  of  Narcotic
 5        Control,  the  Bureau  of Investigation or, after July 1,
 6        1977,  the  Division  of  Criminal   Investigation,   the
 7        Division  of  Internal  Investigation,  the  Division  of
 8        Operations,  or  any  other  Division  or  organizational
 9        entity in the Department of State Police is vested by law
10        with   duties   to  maintain  public  order,  investigate
11        violations of the criminal law of this State, enforce the
12        laws of this State, make arrests  and  recover  property.
13        The  term  "special agent" includes any title or position
14        in the Department of State Police  that  is  held  by  an
15        individual employed under the State Police Act.
16             (5)  The  term  "investigator  for  the Secretary of
17        State" means any person employed by  the  Office  of  the
18        Secretary  of  State  and  vested with such investigative
19        duties as render him ineligible for  coverage  under  the
20        Social  Security  Act by reason of Sections 218(d)(5)(A),
21        218(d)(8)(D) and 218(l)(1) of that Act.
22             A person who became employed as an investigator  for
23        the  Secretary  of  State  between  January  1,  1967 and
24        December 31, 1975, and  who  has  served  as  such  until
25        attainment  of  age  60,  either  continuously  or with a
26        single  break  in  service  of  not  more  than  3  years
27        duration, which break terminated before January 1,  1976,
28        shall   be   entitled  to  have  his  retirement  annuity
29        calculated    in   accordance   with   subsection    (a),
30        notwithstanding  that he has less than 20 years of credit
31        for such service.
32             (6)  The term "Conservation  Police  Officer"  means
33        any person employed by the Division of Law Enforcement of
34        the  Department of Natural Resources and vested with such
 
                            -9-                LRB9204563EGfg
 1        law enforcement  duties  as  render  him  ineligible  for
 2        coverage  under  the  Social  Security  Act  by reason of
 3        Sections 218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1)  of
 4        that   Act.    The  term  "Conservation  Police  Officer"
 5        includes  the  positions  of  Chief  Conservation  Police
 6        Administrator   and   Assistant    Conservation    Police
 7        Administrator.
 8             (7)  The  term  "investigator  for the Department of
 9        Revenue" means any person employed by the  Department  of
10        Revenue  and  vested  with  such  investigative duties as
11        render him  ineligible  for  coverage  under  the  Social
12        Security   Act   by   reason  of  Sections  218(d)(5)(A),
13        218(d)(8)(D) and 218(l)(1) of that Act.
14             (8)  The term "security employee of  the  Department
15        of  Human  Services"  means  any  person  employed by the
16        Department of Human  Services  who  is  employed  at  the
17        Chester  Mental  Health Center and has daily contact with
18        the residents thereof, or who is a mental  health  police
19        officer.  "Mental health police officer" means any person
20        employed  by  the  Department  of  Human  Services  in  a
21        position pertaining to the Department's mental health and
22        developmental  disabilities  functions who is vested with
23        such  law  enforcement  duties  as  render   the   person
24        ineligible  for coverage under the Social Security Act by
25        reason  of  Sections   218(d)(5)(A),   218(d)(8)(D)   and
26        218(l)(1) of that Act.
27             (9)  "Central  Management  Services  security police
28        officer" means any person employed by the  Department  of
29        Central  Management  Services who is vested with such law
30        enforcement duties as render him ineligible for  coverage
31        under  the  Social  Security  Act  by  reason of Sections
32        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
33             (10)  The term "security employee of the  Department
34        of  Corrections"  means any employee of the Department of
 
                            -10-               LRB9204563EGfg
 1        Corrections or the former Department  of  Personnel,  and
 2        any  member or employee of the Prisoner Review Board, who
 3        has daily  contact  with  inmates  by  working  within  a
 4        correctional  facility  or  who is a parole officer or an
 5        employee who has direct contact with committed persons in
 6        the performance of his or her job duties.
 7             (11)  The term "dangerous drugs investigator"  means
 8        any  person  who is employed as such by the Department of
 9        Human Services.
10             (12)  The term "investigator for the  Department  of
11        State  Police"  means a person employed by the Department
12        of State Police who is vested  under  Section  4  of  the
13        Narcotic  Control  Division  Abolition  Act with such law
14        enforcement powers as render him ineligible for  coverage
15        under  the  Social  Security  Act  by  reason of Sections
16        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
17             (13)  "Investigator for the Office of  the  Attorney
18        General"  means any person who is employed as such by the
19        Office of the Attorney General and is  vested  with  such
20        investigative   duties   as  render  him  ineligible  for
21        coverage under the  Social  Security  Act  by  reason  of
22        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
23        Act.   For  the  period  before January 1, 1989, the term
24        includes all persons who were employed  as  investigators
25        by  the Office of the Attorney General, without regard to
26        social security status.
27             (14)  "Controlled  substance  inspector"  means  any
28        person who is employed  as  such  by  the  Department  of
29        Professional  Regulation  and  is  vested  with  such law
30        enforcement duties as render him ineligible for  coverage
31        under  the  Social  Security  Act  by  reason of Sections
32        218(d)(5)(A), 218(d)(8)(D) and  218(l)(1)  of  that  Act.
33        The  term  "controlled  substance inspector" includes the
34        Program  Executive  of  Enforcement  and  the   Assistant
 
                            -11-               LRB9204563EGfg
 1        Program Executive of Enforcement.
 2             (15)  The  term  "investigator for the Office of the
 3        State's Attorneys Appellate Prosecutor"  means  a  person
 4        employed  in that capacity on a full time basis under the
 5        authority  of  Section  7.06  of  the  State's  Attorneys
 6        Appellate Prosecutor's Act.
 7             (16)  "Commerce Commission police officer" means any
 8        person employed by the Illinois Commerce  Commission  who
 9        is  vested with such law enforcement duties as render him
10        ineligible for coverage under the Social Security Act  by
11        reason   of   Sections  218(d)(5)(A),  218(d)(8)(D),  and
12        218(l)(1) of that Act.
13             (17)  "Arson investigator" means any person  who  is
14        employed  as such by the Office of the State Fire Marshal
15        and is vested with such law enforcement duties as  render
16        the  person  ineligible  for  coverage  under  the Social
17        Security  Act  by  reason   of   Sections   218(d)(5)(A),
18        218(d)(8)(D),  and  218(l)(1)  of that Act.  A person who
19        was employed as an arson investigator on January 1,  1995
20        and  is  no  longer  in  service  but not yet receiving a
21        retirement annuity may  convert  his  or  her  creditable
22        service  for  employment  as  an  arson investigator into
23        eligible creditable service by paying to the  System  the
24        difference  between  the  employee contributions actually
25        paid for that service and the  amounts  that  would  have
26        been  contributed  if  the applicant were contributing at
27        the rate applicable  to  persons  with  the  same  social
28        security  status  earning  eligible creditable service on
29        the date of application.
30        (d)  A   security   employee   of   the   Department   of
31    Corrections, and a security employee  of  the  Department  of
32    Human  Services  who  is  not a mental health police officer,
33    shall not be eligible for the alternative retirement  annuity
34    provided by this Section unless he or she meets the following
 
                            -12-               LRB9204563EGfg
 1    minimum   age   and  service  requirements  at  the  time  of
 2    retirement:
 3             (i)  25 years of eligible creditable service and age
 4        55; or
 5             (ii)  beginning  January  1,  1987,  25   years   of
 6        eligible  creditable  service  and age 54, or 24 years of
 7        eligible creditable service and age 55; or
 8             (iii)  beginning  January  1,  1988,  25  years   of
 9        eligible  creditable  service  and age 53, or 23 years of
10        eligible creditable service and age 55; or
11             (iv)  beginning  January  1,  1989,  25   years   of
12        eligible  creditable  service  and age 52, or 22 years of
13        eligible creditable service and age 55; or
14             (v)  beginning January 1, 1990, 25 years of eligible
15        creditable service and age 51, or 21  years  of  eligible
16        creditable service and age 55; or
17             (vi)  beginning   January   1,  1991,  25  years  of
18        eligible creditable service and age 50, or  20  years  of
19        eligible creditable service and age 55.
20        Persons  who have service credit under Article 16 of this
21    Code for service as a security employee of the Department  of
22    Corrections  in  a  position  requiring  certification  as  a
23    teacher  may  count  such  service  toward establishing their
24    eligibility under the service requirements of  this  Section;
25    but  such  service  may  be  used  only for establishing such
26    eligibility,  and  not  for  the  purpose  of  increasing  or
27    calculating any benefit.
28        (e)  If a member enters military service while working in
29    a position  in  which  eligible  creditable  service  may  be
30    earned,  and  returns to State service in the same or another
31    such  position,  and  fulfills  in  all  other  respects  the
32    conditions prescribed in this Article for credit for military
33    service, such military service shall be credited as  eligible
34    creditable service for the purposes of the retirement annuity
 
                            -13-               LRB9204563EGfg
 1    prescribed in this Section.
 2        (f)  For  purposes  of  calculating  retirement annuities
 3    under  this  Section,  periods  of  service  rendered   after
 4    December  31,  1968  and  before October 1, 1975 as a covered
 5    employee in  the  position  of  special  agent,  conservation
 6    police officer, mental health police officer, or investigator
 7    for  the  Secretary  of  State,  shall be deemed to have been
 8    service as a noncovered employee, provided that the  employee
 9    pays to the System prior to retirement an amount equal to (1)
10    the  difference between the employee contributions that would
11    have been required for such service as a noncovered employee,
12    and the amount of employee contributions actually paid,  plus
13    (2)  if payment is made after July 31, 1987, regular interest
14    on the amount specified in item (1) from the date of  service
15    to the date of payment.
16        For  purposes  of  calculating retirement annuities under
17    this Section, periods of service rendered after December  31,
18    1968  and before January 1, 1982 as a covered employee in the
19    position of investigator for the Department of Revenue  shall
20    be  deemed  to  have  been  service as a noncovered employee,
21    provided that the  employee  pays  to  the  System  prior  to
22    retirement  an amount equal to (1) the difference between the
23    employee contributions that would have been required for such
24    service as a noncovered employee, and the amount of  employee
25    contributions  actually  paid,  plus  (2)  if payment is made
26    after  January  1,  1990,  regular  interest  on  the  amount
27    specified in item (1) from the date of service to the date of
28    payment.
29        (g)  Subject to the limitation  in  subsection  (i),  any
30    active member of the System who is employed in a position for
31    which  he  or she earns eligible creditable service may elect
32    to establish eligible creditable service for up to  12  years
33    of  his or her service as a policeman under Article 3 or 5, a
34    sheriff's law enforcement employee under Article 7, a  member
 
                            -14-               LRB9204563EGfg
 1    of  the County Police Department under Article 9, or a police
 2    officer under Article 15 by filing a  written  election  with
 3    the  Board  and paying to the System no later than the day of
 4    withdrawal an amount to be determined by the System, equal to
 5    the deficiency, if any, between (i) the amount transferred to
 6    the System under Section 3-110.6, 5-236,  7-139.8,  9-121.10,
 7    or  15-134.6  and  (ii)  the  amount  that  would  have  been
 8    contributed   to   the   System  had  employer  and  employee
 9    contributions been made for the transferred  service  at  the
10    rates  applicable  to  State  policemen,  including  interest
11    thereon  at  the  effective  rate  for  each year, compounded
12    annually, from the date of service to the date of payment.
13        A State policeman may elect, not later  than  January  1,
14    1990,  to  establish eligible creditable service for up to 10
15    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
 
                            -15-               LRB9204563EGfg
 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)  (Blank).  Subject to the  limitation  in  subsection
 5    (i),  a  State policeman or investigator for the Secretary of
 6    State may elect to establish eligible  creditable service for
 7    up to 12 years of his service as a policeman under Article 5,
 8    by filing a written election with  the  Board  on  or  before
 9    January  31,  1992,  and  paying to the System by January 31,
10    1994 an amount to be determined by the Board,  equal  to  (i)
11    the  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),
 
                            -16-               LRB9204563EGfg
 1    (k), and (l) of this Section shall not exceed 12 years.
 2        (j)  (Blank). Subject to  the  limitation  in  subsection
 3    (i),  an 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
 
                            -17-               LRB9204563EGfg
 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)  (Blank). Subject to  the  limitation  in  subsection
 6    (i), a security employee of the Department of Corrections may
 7    elect,  not  later  than  July 1, 1998, to establish eligible
 8    creditable service for up to 10 years of his or  her  service
 9    as  a policeman under Article 3, by filing a written election
10    with 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        (40 ILCS 5/15-134.6 new)
22        Sec. 15-134.6.  Transfer of certain creditable service to
23    the Article 14 retirement system.
24        (a)  An active member of the Article 14 retirement system
25    who is employed in a position  for  which  he  or  she  earns
26    eligible  creditable  service as defined in Section 14-110 of
27    this Code may transfer  all  or  a  portion  of  his  or  her
28    creditable  service accumulated under this System for service
29    as a police officer to the Article 14  retirement  system  in
30    accordance  with  Section 14-110.  The transfer of creditable
31    service shall be accompanied by payment from this  System  to
32    the Article 14 retirement system of:
33             (1)  the  amounts  credited to the applicant for the
 
                            -18-               LRB9204563EGfg
 1        service to be transferred through employee contributions,
 2        including interest, as of the date of transfer; and
 3             (2)  employer  contributions  equal  to  the  amount
 4        determined under item (1); and
 5             (3)  any interest paid by the applicant in order  to
 6        reinstate the service to be transferred.
 7    Participation  in this System with respect to the transferred
 8    service shall terminate on the date of transfer.
 9        (b)  A  person  transferring  creditable  service   under
10    subsection  (a)  may reinstate service that was terminated by
11    receipt of a refund, by paying to the System  the  amount  of
12    the  refund  plus interest thereon at the effective rate from
13    the date of the refund to the date of payment.

14        (40 ILCS 5/3-110.5 rep.)
15        (40 ILCS 5/7-139.7 rep.)
16        Section 10.  The Illinois  Pension  Code  is  amended  by
17    repealing Sections 3-110.5 and 7-139.7.

18        Section  99.  Effective date.  This Act takes effect upon
19    becoming law.

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