Public Act 095-0530
 		





SB0065 Enrolled
LRB095 06385 AMC 26482 b






    AN ACT concerning public employee benefits.

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


 
    Section 5. The Illinois Pension Code is amended  by changing 
Sections 3-110.6, 3-110.8, 3-125, 5-236, 7-139.8, 7-139.11, 
9-121.10, 14-110, and 15-134.4 and by adding Sections 3-110.9 
and 7-138.12 as follows:

 



    (40 ILCS 5/3-110.6)  (from Ch. 108 1/2, par. 3-110.6)



    Sec. 3-110.6. Transfer to Article 14 System. 

    (a)  Any active member of the State Employees' Retirement 
System who is
a State policeman, an investigator for the 
Secretary of State, a conservation police officer, an 
investigator for the Office of the State's Attorneys Appellate

Prosecutor, or a controlled substance inspector may apply for 
transfer of
some or all of his or her creditable service 
accumulated
in any police pension fund under this Article to 
the State Employees'
Retirement System in accordance with 
Section 14-110.  The creditable
service shall be transferred 
only upon payment by the police pension fund to
the State 
Employees' Retirement System of an amount equal to:


        (1) the amounts accumulated to the credit of the 
    applicant for the service to be transferred on the books
of 
    the fund on the date of transfer; and


        (2) employer contributions in an amount equal to the 
    amount determined
under subparagraph (1); and


        (3) any interest paid by the applicant in order to 
    reinstate service to be transferred.

Participation in the police pension fund with respect to the 
service to be transferred shall terminate on the date
of 
transfer.

    (b) Any person applying to transfer service under this 
Section
such investigator or inspector may reinstate service 
that
which was
terminated by receipt of a refund, by paying to 
the police pension fund the
amount of the refund with interest 
thereon at the rate of 6% per year,
compounded annually, from 
the date of refund to the date of payment.

(Source: P.A. 90-32, eff. 6-27-97.)

 
    (40 ILCS 5/3-110.8)

    Sec. 3-110.8. Transfer to IMRF.
    (a) Until January 1, 2008
2006, any active member of the 
Illinois Municipal Retirement Fund who
has less than 8 years of 
creditable service in a police pension fund under this Article, 
may apply for transfer of his or her creditable service 
accumulated
in that fund to the Illinois Municipal
Retirement 
Fund.  The creditable service shall be transferred upon payment 
by
the police pension fund to the Illinois Municipal Retirement 
Fund of an amount
equal to:
        (1) the amounts accumulated to the credit of the 
    applicant on the books
of the fund on the date of transfer; 
    and

        (2) employer contributions in an amount equal to the 
    amount determined
under subparagraph (1); and

        (3) any interest paid by the applicant in order to 
    reinstate service.

Participation in this Fund shall terminate on the date of 
transfer.

    (b) Until January 1, 2008
2006, any member under subsection 
(a) may reinstate service which was
terminated by receipt of a 
refund, by payment to the police pension fund of the
amount of 
the refund with interest thereon at the rate of 6% per year,

compounded annually, from the date of refund to the date of 
payment.


(Source: P.A. 94-356, eff. 7-29-05.)
 
    (40 ILCS 5/3-110.9 new)

    Sec. 3-110.9. Transfer from Article 7. Until January 1, 
2008, a person may transfer to a fund established under this 
Article up to 8 years of creditable service accumulated under 
Article 7 of this Code upon payment to the fund of an amount to 
be determined by
the board, equal to (i) the difference between 
the amount of
employee and employer contributions transferred 
to the fund
under Section 7-139.11 and the amounts that would 
have been contributed had such
contributions been made at the 
rates applicable to an employee under this Article, plus (ii) 
interest thereon at the effective rate for
each year, 
compounded annually, from the date of service to the
date of 
payment.
 



    (40 ILCS 5/3-125)  (from Ch. 108 1/2, par. 3-125)



    Sec. 3-125. Financing. The city council or the board of 
trustees of
the municipality shall annually levy a tax upon all

the taxable property of the municipality at the rate on the 
dollar which
will produce an amount which, when added to the 
deductions from the salaries
or wages of police officers, and 
revenues
available from other
sources, will equal a sum 
sufficient to meet
the annual requirements of the police 
pension fund.  The annual
requirements to be provided by such 
tax levy are equal
to (1) the normal cost of the pension fund 
for the year involved, plus
(2) the amount necessary to 
amortize the fund's unfunded accrued liabilities
as provided in 
Section 3-127.  The tax shall be levied and
collected in the 
same manner as the general taxes
of the municipality, and in 
addition to all other taxes now or hereafter authorized to
be 
levied upon all property within the municipality, and shall be 
in
addition to the amount authorized to be levied for general 
purposes as
provided by Section 8-3-1 of the Illinois Municipal 
Code, approved May
29, 1961, as amended. The tax shall be 
forwarded directly to the treasurer of the board within 30 
business days after receipt by the county.


    The police pension fund shall consist of the following 
moneys which
shall be set apart by the treasurer of the 
municipality:

    (1) All moneys derived from the taxes levied hereunder;

    (2) Contributions by police officers under Section 
3-125.1;

    (3) All moneys accumulated by the municipality under any 
previous
legislation establishing a fund for the benefit of 
disabled or retired
police officers;

    (4) Donations, gifts or other transfers authorized by this

Article.

(Source: P.A. 83-1440.)

 



    (40 ILCS 5/5-236)  (from Ch. 108 1/2, par. 5-236)



    Sec. 5-236. Transfer to Article 14. 

    (a) Until January 31, 1994, Any active member of the State 
Employees'
Retirement System who is a State policeman, 
conservation police officer, or investigator for the
Secretary 
of State may apply for transfer of some or all of his or her

creditable service
accumulated under this Article to the State 
Employees' Retirement System in accordance with Section 
14-110.
At the time of the transfer the Fund shall pay to the 
State Employees'
Retirement System an amount equal to:


        (1) the amounts accumulated to the credit of the 
    applicant for the service to be transferred on the books
of 
    the Fund on the date of transfer; and


        (2) the corresponding municipality credits, including 
    interest, on the
books of the Fund on the date of transfer; 
    and


        (3) any interest paid by the applicant in order to 
    reinstate service to be transferred.

Participation in this Fund with respect to the service to be 
transferred shall terminate on the date of transfer.

    (b) Until January 31, 1994, Any such State policeman, 
conservation police officer, or investigator
for the Secretary 
of State may reinstate service that was terminated by
receipt 
of a refund, by paying to the Fund the amount of the refund 
with
interest thereon at the rate of 6% per year, compounded 
annually, from the
date of refund to the date of payment.

    (c) Within 30 days after the effective date of this 
amendatory Act of
1993, any active member of the State 
Employees' Retirement System who was
earning eligible 
creditable service under subdivision (b)(12) of Section
14-110 
on January 1, 1992 and who has at least 17 years of creditable

service under this Article may apply for transfer of his 
creditable service
accumulated under this Article to the State 
Employees' Retirement System.
At the time of the transfer the 
Fund shall pay to the State Employees'
Retirement System an 
amount equal to:


        (1) the amounts accumulated to the credit of the 
    applicant on the books
of the Fund on the date of transfer; 
    and


        (2) the corresponding municipality credits, including 
    interest, on the
books of the Fund on the date of transfer.

Participation in this Fund shall terminate on the date of 
transfer.

(Source: P.A. 86-1488; 87-1265.)

 



    (40 ILCS 5/7-139.8)  (from Ch. 108 1/2, par. 7-139.8)



    Sec. 7-139.8. Transfer to Article 14 System. 

    (a) Any active member of the State Employees' Retirement 
System who is a State policeman, an investigator for the 
Secretary of State, a conservation police officer, an

investigator for the Office of the State's Attorneys Appellate 
Prosecutor,
or a controlled substance inspector
may apply for 
transfer of some or all of his or her credits and creditable 
service
accumulated in this Fund for service as a sheriff's law 
enforcement
employee to the State Employees' Retirement System 
in accordance with
Section 14-110.  The creditable service shall 
be transferred only upon payment
by this Fund to the State 
Employees' Retirement System of an amount equal to:


        (1) the amounts accumulated to the credit of the 
    applicant for the service
to be transferred
as a sheriff's 
    law enforcement employee, including interest; and


        (2) municipality credits based on such service, 
    including interest; and


        (3) any interest paid by the applicant to reinstate 
    such service.

Participation in this Fund as to any credits transferred under 
this
Section shall terminate on the date of transfer.

    (b) Any person applying to transfer service under this 
Section
such investigator or inspector may reinstate credits 
and
creditable service terminated upon receipt of a separation 
benefit, by paying
to the Fund the amount of the separation 
benefit plus interest thereon at the
rate of 6% per year to the 
date of payment.

(Source: P.A. 90-32, eff. 6-27-97.)

 
    (40 ILCS 5/7-139.11)

    Sec. 7-139.11. Transfer to Article 3 pension fund.
    (a) Until January 1, 2008
2006, a person who has less than 
8 years of creditable service under this Article and who has 
become an active
participant in a police pension fund 
established under Article 3 of this Code
may apply for transfer 
to that Article 3 fund of his or her creditable service

accumulated under this Article.  At the
time of the transfer the 
Fund shall pay to the police pension fund an amount
equal to:
        (1) the amounts accumulated to the credit of the 
    applicant under this Article, including interest; and

        (2) the municipality credits based on that service, 
    including interest;
and

        (3) any interest paid by the applicant in order to 
    reinstate that service.

Participation in this Fund with respect to the transferred 
credits shall
terminate on the date of transfer.

    (b) An active member of a pension fund established under 
Article 3
of this Code may reinstate creditable service
under 
this Article that was terminated by receipt of a refund, by 
paying to the
Fund the amount of the refund plus interest 
thereon at the rate of 6% per year,
compounded annually, from 
the date of refund to the date of payment.


(Source: P.A. 94-356, eff. 7-29-05.)
 
    (40 ILCS 5/7-139.12 new)

    Sec. 7-139.12. Transfer from Article 3. Until January 1, 
2008, a person may transfer to the Illinois Municipal 
Retirement Systems up to 8 years of creditable service 
accumulated under Article 3 of this Code upon payment to the 
Fund of an amount to be determined by
the board, equal to (i) 
the difference between the amount of
employee and employer 
contributions transferred to the Fund
under Section 3-110.8 and 
the amounts that would have been contributed had such

contributions been made at the rates applicable to an employee 
under this Article, plus (ii) interest thereon at the effective 
rate for
each year, compounded annually, from the date of 
service to the
date of payment.
 



    (40 ILCS 5/9-121.10)  (from Ch. 108 1/2, par. 9-121.10)



    Sec. 9-121.10. Transfer to Article 14. 

    (a) Until July 1, 1993, Any active member of the State 
Employees'
Retirement System who is a State policeman, 
investigator for the Secretary of State, or conservation police 
officer may apply for transfer of some
or all of his creditable 
service as a member of the County Police
Department accumulated 
under this Article to the State Employees'
Retirement System in 
accordance with Section 14-110.  At the time of the transfer the 
Fund shall pay to the
State Employees' Retirement System an 
amount equal to:


        (1) the amounts accumulated to the credit of the 
    applicant on the
books of the Fund on the date of transfer 
    for the service to be
transferred; and


        (2) the corresponding municipality credits, including 
    interest, on the
books of the Fund on the date of transfer; 
    and


        (3) any interest paid by the applicant in order to 
    reinstate such service.

Participation in this Fund with respect to the credits 
transferred shall
terminate on the date of transfer.

    (b) Any person applying to transfer service under this 
Section
Until July 1, 1993, any such State policeman
may 
reinstate credit for service as a member of the County Police

Department that was terminated by receipt of a refund, by 
paying to the
Fund the amount of the refund with interest 
thereon at the rate of 6% per
year, compounded annually, from 
the date of refund to the date of payment.

(Source: P.A. 87-1265.)

 


    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)


    Sec. 14-110. Alternative retirement annuity. 

    (a) Any member who has withdrawn from service with not less 
than 20
years of eligible creditable service and has attained 
age 55, and any
member who has withdrawn from service with not 
less than 25 years of
eligible creditable service and has 
attained age 50, regardless of whether
the attainment of either 
of the specified ages occurs while the member is
still in 
service, shall be entitled to receive at the option of the 
member,
in lieu of the regular or minimum retirement annuity, a 
retirement  annuity
computed as follows:


        (i) for periods of service as a noncovered employee:
if 
    retirement occurs on or after January 1, 2001, 3% of final

    average compensation for each year of creditable service; 
    if retirement occurs
before January 1, 2001, 2 1/4% of 
    final average compensation for each of the
first 10 years 
    of creditable service, 2 1/2% for each year above 10 years 
    to
and including 20 years of creditable service, and 2 3/4% 
    for each year of
creditable service above 20 years; and


        (ii) for periods of eligible creditable service as a 
    covered employee:
if retirement occurs on or after January 
    1, 2001, 2.5% of final average
compensation for each year 
    of creditable service; if retirement occurs before
January 
    1, 2001, 1.67% of final average compensation for each of 
    the first
10 years of such service, 1.90% for each of the 
    next 10 years of such service,
2.10% for each year of such 
    service in excess of 20 but not exceeding 30, and
2.30% for 
    each year in excess of 30.

    Such annuity shall be subject to a maximum of 75% of final 
average
compensation if retirement occurs before January 1, 
2001 or to a maximum
of 80% of final average compensation if 
retirement occurs on or after January
1, 2001.

    These rates shall not be applicable to any service 
performed
by a member as a covered employee which is not 
eligible creditable service.
 Service as a covered employee 
which is not eligible creditable service
shall be subject to 
the rates and provisions of Section 14-108.

    (b) For the purpose of this Section, "eligible creditable 
service" means
creditable service resulting from service in one 
or more of the following
positions:


        (1) State policeman;


        (2) fire fighter in the fire protection service of a 
    department;


        (3) air pilot;


        (4) special agent;


        (5) investigator for the Secretary of State;


        (6) conservation police officer;


        (7) investigator for the Department of Revenue;


        (8) security employee of the Department of Human 
    Services;


        (9) Central Management Services security police 
    officer;


        (10) security employee of the Department of 
    Corrections or the Department of Juvenile Justice;


        (11) dangerous drugs investigator;


        (12) investigator for the Department of State Police;


        (13) investigator for the Office of the Attorney 
    General;


        (14) controlled substance inspector;


        (15) investigator for the Office of the State's 
    Attorneys Appellate
Prosecutor;


        (16) Commerce Commission police officer;


        (17) arson investigator;


        (18) State highway maintenance worker.

    A person employed in one of the positions specified in this 
subsection is
entitled to eligible creditable service for 
service credit earned under this
Article while undergoing the 
basic police training course approved by the
Illinois Law 
Enforcement Training
Standards Board, if
completion of that 
training is required of persons serving in that position.
For 
the purposes of this Code, service during the required basic 
police
training course shall be deemed performance of the 
duties of the specified
position, even though the person is not 
a sworn peace officer at the time of
the training.

    (c) For the purposes of this Section:


        (1) The term "state policeman" includes any title or 
    position
in the Department of State Police that is held by 
    an individual employed
under the State Police Act.


        (2) The term "fire fighter in the fire protection 
    service of a
department" includes all officers in such fire 
    protection service
including fire chiefs and assistant 
    fire chiefs.


        (3) The term "air pilot" includes any employee whose 
    official job
description on file in the Department of 
    Central Management Services, or
in the department by which 
    he is employed if that department is not covered
by the 
    Personnel Code, states that his principal duty is the 
    operation of
aircraft, and who possesses a pilot's license; 
    however, the change in this
definition made by this 
    amendatory Act of 1983 shall not operate to exclude
any 
    noncovered employee who was an "air pilot" for the purposes 
    of this
Section on January 1, 1984.


        (4) The term "special agent" means any person who by 
    reason of
employment by the Division of Narcotic Control, 
    the Bureau of Investigation
or, after July 1, 1977, the 
    Division of Criminal Investigation, the
Division of 
    Internal Investigation, the Division of Operations, or any

    other Division or organizational
entity in the Department 
    of State Police is vested by law with duties to
maintain 
    public order, investigate violations of the criminal law of 
    this
State, enforce the laws of this State, make arrests 
    and recover property.
The term "special agent" includes any 
    title or position in the Department
of State Police that is 
    held by an individual employed under the State
Police Act.


        (5) The term "investigator for the Secretary of State" 
    means any person
employed by the Office of the Secretary of 
    State and vested with such
investigative duties as render 
    him ineligible for coverage under the Social
Security Act 
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
    218(l)(1)
of that Act.


        A person who became employed as an investigator for the 
    Secretary of
State between January 1, 1967 and December 31, 
    1975, and who has served as
such until attainment of age 
    60, either continuously or with a single break
in service 
    of not more than 3 years duration, which break terminated 
    before
January 1, 1976, shall be entitled to have his 
    retirement annuity
calculated  in accordance with 
    subsection (a), notwithstanding
that he has less than 20 
    years of credit for such service.


        (6) The term "Conservation Police Officer" means any 
    person employed
by the Division of Law Enforcement of the 
    Department of Natural Resources and
vested with such law 
    enforcement duties as render him ineligible for coverage

    under the Social Security Act by reason of Sections 
    218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act.  The 
    term "Conservation Police Officer" includes
the positions 
    of Chief Conservation Police Administrator and Assistant

    Conservation Police Administrator.


        (7) The term "investigator for the Department of 
    Revenue" means any
person employed by the Department of 
    Revenue and vested with such
investigative duties as render 
    him ineligible for coverage under the Social
Security Act 
    by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and 
    218(l)(1)
of that Act.


        (8) The term "security employee of the Department of 
    Human Services"
means any person employed by the Department 
    of Human Services who (i) is
employed at the Chester Mental 
    Health Center and has daily contact with the
residents 
    thereof, (ii) is employed within a security unit at a 
    facility
operated by the Department and has daily contact 
    with the residents of the
security unit, (iii) is employed 
    at a facility operated by the Department
that includes a 
    security unit and is regularly scheduled to work at least

    50% of his or her working hours within that security unit, 
    or (iv) is a mental health police officer.
"Mental health 
    police officer" means any person employed by the Department 
    of
Human Services in a position pertaining to the 
    Department's mental health and
developmental disabilities 
    functions who is vested with such law enforcement
duties as 
    render the person ineligible for coverage under the Social 
    Security
Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D) and 218(l)(1) of that
Act.  "Security unit" 
    means that portion of a facility that is devoted to
the 
    care, containment, and treatment of persons committed to 
    the Department of
Human Services as sexually violent 
    persons, persons unfit to stand trial, or
persons not 
    guilty by reason of insanity.  With respect to past 
    employment,
references to the Department of Human Services 
    include its predecessor, the
Department of Mental Health 
    and Developmental Disabilities.


        The changes made to this subdivision (c)(8) by Public 
    Act 92-14 apply to persons who retire on or after January 
    1,
2001, notwithstanding Section 1-103.1.


        (9) "Central Management Services security police 
    officer" means any
person employed by the Department of 
    Central Management Services who is
vested with such law 
    enforcement duties as render him ineligible for
coverage 
    under the Social Security Act by reason of Sections 
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.


        (10) For a member who first became an employee under 
    this Article before July 1, 2005, the term "security 
    employee of the Department of Corrections or the Department 
    of Juvenile Justice"
means any employee of the Department 
    of Corrections or the Department of Juvenile Justice or the 
    former
Department of Personnel, and any member or employee 
    of the Prisoner
Review Board, who has daily contact with 
    inmates or youth by working within a
correctional facility 
    or Juvenile facility operated by the Department of Juvenile 
    Justice or who is a parole officer or an employee who has

    direct contact with committed persons in the performance of 
    his or her
job duties. For a member who first becomes an 
    employee under this Article on or after July 1, 2005, the  
    term means  an employee of the Department of Corrections or 
    the Department of Juvenile Justice who is any of the 
    following: (i) officially headquartered at a correctional 
    facility or Juvenile facility operated by the Department of 
    Juvenile Justice, (ii) a parole officer, (iii) a member of 
    the apprehension unit, (iv) a member of the intelligence 
    unit, (v) a member of the sort team, or (vi) an 
    investigator.


        (11) The term "dangerous drugs investigator" means any 
    person who is
employed as such by the Department of Human 
    Services.


        (12) The term "investigator for the Department of State 
    Police" means
a person employed by the Department of State 
    Police who is vested under
Section 4 of the Narcotic 
    Control Division Abolition Act with such
law enforcement 
    powers as render him ineligible for coverage under the

    Social Security Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D) and
218(l)(1) of that Act.


        (13) "Investigator for the Office of the Attorney 
    General" means any
person who is employed as such by the 
    Office of the Attorney General and
is vested with such 
    investigative duties as render him ineligible for
coverage 
    under the Social Security Act by reason of Sections 
    218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.  For 
    the period before January 1,
1989, the term includes all 
    persons who were employed as investigators by the
Office of 
    the Attorney General, without regard to social security 
    status.


        (14) "Controlled substance inspector" means any person 
    who is employed
as such by the Department of Professional 
    Regulation and is vested with such
law enforcement duties 
    as render him ineligible for coverage under the Social

    Security Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D) and 218(l)(1) of
that Act.  The term 
    "controlled substance inspector" includes the Program

    Executive of Enforcement and the Assistant Program 
    Executive of Enforcement.


        (15) The term "investigator for the Office of the 
    State's Attorneys
Appellate Prosecutor" means a person 
    employed in that capacity on a full
time basis under the 
    authority of Section 7.06 of the State's Attorneys

    Appellate Prosecutor's Act.


        (16) "Commerce Commission police officer" means any 
    person employed
by the Illinois Commerce Commission who is 
    vested with such law
enforcement duties as render him 
    ineligible for coverage under the Social
Security Act by 
    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

    218(l)(1) of that Act.


        (17) "Arson investigator" means any person who is 
    employed as such by
the Office of the State Fire Marshal 
    and is vested with such law enforcement
duties as render 
    the person ineligible for coverage under the Social 
    Security
Act by reason of Sections 218(d)(5)(A), 
    218(d)(8)(D), and 218(l)(1) of that
Act.  A person who was 
    employed as an arson
investigator on January 1, 1995 and is 
    no longer in service but not yet
receiving a retirement 
    annuity may convert his or her creditable service for

    employment as an arson investigator into eligible 
    creditable service by paying
to the System the difference 
    between the employee contributions actually paid
for that 
    service and the amounts that would have been contributed if 
    the
applicant were contributing at the rate applicable to 
    persons with the same
social security status earning 
    eligible creditable service on the date of
application.


        (18) The term "State highway maintenance worker" means 
    a person who is
either of the following:


            (i) A person employed on a full-time basis by the 
        Illinois
Department of Transportation in the position 
        of
highway maintainer,
highway maintenance lead 
        worker,
highway maintenance lead/lead worker,
heavy 
        construction equipment operator,
power shovel 
        operator, or
bridge mechanic; and
whose principal 
        responsibility is to perform, on the roadway, the 
        actual
maintenance necessary to keep the highways that 
        form a part of the State
highway system in serviceable 
        condition for vehicular traffic.


            (ii) A person employed on a full-time basis by the 
        Illinois
State Toll Highway Authority in the position 
        of
equipment operator/laborer H-4,
equipment  
        operator/laborer  H-6,
welder  H-4,
welder  H-6,

        mechanical/electrical H-4,
mechanical/electrical H-6,

        water/sewer H-4,
water/sewer H-6,
sign maker/hanger 
        H-4,
sign maker/hanger H-6,
roadway lighting H-4,

        roadway lighting H-6,
structural H-4,
structural H-6,

        painter H-4, or
painter H-6; and
whose principal 
        responsibility is to perform, on the roadway, the 
        actual
maintenance necessary to keep the Authority's 
        tollways in serviceable condition
for vehicular 
        traffic.

    (d) A security employee of the Department of Corrections or 
the Department of Juvenile Justice, and a security
employee of 
the Department of Human Services who is not a mental health 
police
officer, shall not be eligible for the alternative 
retirement annuity provided
by this Section unless he or she 
meets the following minimum age and service
requirements at the 
time of retirement:


        (i) 25 years of eligible creditable service and age 55; 
    or


        (ii) beginning January 1, 1987, 25 years of eligible 
    creditable service
and age 54, or 24 years of eligible 
    creditable service and age 55; or


        (iii) beginning January 1, 1988, 25 years of eligible 
    creditable service
and age 53, or 23 years of eligible 
    creditable service and age 55; or


        (iv) beginning January 1, 1989, 25 years of eligible 
    creditable service
and age 52, or 22 years of eligible 
    creditable service and age 55; or


        (v) beginning January 1, 1990, 25 years of eligible 
    creditable service
and age 51, or 21 years of eligible 
    creditable service and age 55; or


        (vi) beginning January 1, 1991, 25 years of eligible 
    creditable service
and age 50, or 20 years of eligible 
    creditable service and age 55.

    Persons who have service credit under Article 16 of this 
Code for service
as a security employee of the Department of 
Corrections or the Department of Juvenile Justice, or the 
Department
of Human Services in a position requiring 
certification as a teacher may
count such service toward 
establishing their eligibility under the service
requirements 
of this Section; but such service may be used only for

establishing such eligibility, and not for the purpose of 
increasing or
calculating any benefit.

    (e) If a member enters military service while working in a 
position in
which eligible creditable service may be earned, 
and returns to State
service in the same or another such 
position, and fulfills in all other
respects the conditions 
prescribed in this Article for credit for military
service, 
such military service shall be credited as eligible creditable

service for the purposes of the retirement annuity prescribed 
in this Section.

    (f) For purposes of calculating retirement annuities under 
this
Section, periods of service rendered after December 31, 
1968 and before
October 1, 1975 as a covered employee in the 
position of special agent,
conservation police officer, mental 
health police officer, or investigator
for the Secretary of 
State, shall be deemed to have been service as a
noncovered 
employee, provided that the employee pays to the System prior 
to
retirement an amount equal to (1) the difference between the 
employee
contributions that would have been required for such 
service as a
noncovered employee, and the amount of employee 
contributions actually
paid, plus (2) if payment is made after 
July 31, 1987, regular interest
on the amount specified in item 
(1) from the date of service to the date
of payment.

    For purposes of calculating retirement annuities under 
this Section,
periods of service rendered after December 31, 
1968 and before January 1,
1982 as a covered employee in the 
position of investigator for the
Department of Revenue shall be 
deemed to have been service as a noncovered
employee, provided 
that the employee pays to the System prior to retirement
an 
amount equal to (1) the difference between the employee 
contributions
that would have been required for such service as 
a noncovered employee,
and the amount of employee contributions 
actually paid, plus (2) if payment
is made after January 1, 
1990, regular interest on the amount specified in
item (1) from 
the date of service to the date of payment.

    (g) A State policeman may elect, not later than January 1, 
1990, to
establish eligible creditable service for up to 10 
years of his service as
a policeman under Article 3, by filing 
a written election with the Board,
accompanied by payment of an 
amount to be determined by the Board, equal to
(i) the 
difference between the amount of employee and employer

contributions transferred to the System under Section 3-110.5, 
and the
amounts that would have been contributed had such 
contributions been made
at the rates applicable to State 
policemen, plus (ii) interest thereon at
the effective rate for 
each year, compounded annually, from the date of
service to the 
date of payment.

    Subject to the limitation in subsection (i), a State 
policeman may elect,
not later than July 1, 1993, to establish 
eligible creditable service for
up to 10 years of his service 
as a member of the County Police Department
under Article 9, by 
filing a written election with the Board, accompanied
by 
payment of an amount to be determined by the Board, equal to 
(i) the
difference between the amount of employee and employer 
contributions
transferred to the System under Section 9-121.10 
and the amounts that would
have been contributed had those 
contributions been made at the rates
applicable to State 
policemen, plus (ii) interest thereon at the effective
rate for 
each year, compounded annually, from the date of service to the

date of payment.

    (h) Subject to the limitation in subsection (i), a State 
policeman or
investigator for the Secretary of State may elect 
to establish eligible
creditable service for up to 12 years of 
his service as a policeman under
Article 5, by filing a written 
election with the Board on or before January
31, 1992, and 
paying to the System by January 31, 1994 an amount to be

determined by the Board, equal to (i) the difference between 
the amount of
employee and employer contributions transferred 
to the System under Section
5-236, and the amounts that would 
have been contributed had such
contributions been made at the 
rates applicable to State policemen, plus
(ii) interest thereon 
at the effective rate for each year, compounded
annually, from 
the date of service to the date of payment.

    Subject to the limitation in subsection (i), a State 
policeman,
conservation police officer, or investigator for 
the Secretary of State may
elect to establish eligible 
creditable service for up to 10 years of
service as a sheriff's 
law enforcement employee under Article 7, by filing
a written 
election with the Board on or before January 31, 1993, and 
paying
to the System by January 31, 1994 an amount to be 
determined by the Board,
equal to (i) the difference between 
the amount of employee and
employer contributions transferred 
to the System under Section
7-139.7, and the amounts that would 
have been contributed had such
contributions been made at the 
rates applicable to State policemen, plus
(ii) interest thereon 
at the effective rate for each year, compounded
annually, from 
the date of service to the date of payment.

    Subject to the limitation in subsection (i), a State 
policeman,
conservation police officer, or investigator for 
the Secretary of State may
elect to establish eligible 
creditable service for up to 5 years of
service as a police 
officer under Article 3, a policeman under Article 5, a 
sheriff's law enforcement employee under Article 7, a member of 
the county police department under Article 9, or a police 
officer under Article 15 by filing
a written election with the 
Board and paying
to the System an amount to be determined by 
the Board,
equal to (i) the difference between the amount of 
employee and
employer contributions transferred to the System 
under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 
and the amounts that would have been contributed had such

contributions been made at the rates applicable to State 
policemen, plus
(ii) interest thereon at the effective rate for 
each year, compounded
annually, from the date of service to the 
date of payment.
    (i) The total amount of eligible creditable service 
established by any
person under subsections (g), (h), (j), (k), 
and (l) of this
Section shall not exceed 12 years.

    (j) Subject to the limitation in subsection (i), an 
investigator for
the Office of the State's Attorneys Appellate 
Prosecutor or a controlled
substance inspector may elect to

establish eligible creditable service for up to 10 years of his 
service as
a policeman under Article 3 or a sheriff's law 
enforcement employee under
Article 7, by filing a written 
election with the Board, accompanied by
payment of an amount to 
be determined by the Board, equal to (1) the
difference between 
the amount of employee and employer contributions
transferred 
to the System under Section 3-110.6 or 7-139.8, and the amounts

that would have been contributed had such contributions been 
made at the
rates applicable to State policemen, plus (2) 
interest thereon at the
effective rate for each year, 
compounded annually, from the date of service
to the date of 
payment.

    (k) Subject to the limitation in subsection (i) of this 
Section, an
alternative formula employee may elect to establish 
eligible creditable
service for periods spent as a full-time 
law enforcement officer or full-time
corrections officer 
employed by the federal government or by a state or local

government located outside of Illinois, for which credit is not 
held in any
other public employee pension fund or retirement 
system.  To obtain this
credit, the applicant must file a 
written application with the Board by March
31, 1998, 
accompanied by evidence of eligibility acceptable to the Board 
and
payment of an amount to be determined by the Board, equal 
to (1) employee
contributions for the credit being established, 
based upon the applicant's
salary on the first day as an 
alternative formula employee after the employment
for which 
credit is being established and the rates then applicable to

alternative formula employees, plus (2) an amount determined by 
the Board
to be the employer's normal cost of the benefits 
accrued for the credit being
established, plus (3) regular 
interest on the amounts in items (1) and (2) from
the first day 
as an alternative formula employee after the employment for 
which
credit is being established to the date of payment.

    (l) Subject to the limitation in subsection (i), a security 
employee of
the Department of Corrections may elect, not later 
than July 1, 1998, to
establish eligible creditable service for 
up to 10 years of his or her service
as a policeman under 
Article 3, by filing a written election with the Board,

accompanied by payment of an amount to be determined by the 
Board, equal to
(i) the difference between the amount of 
employee and employer contributions
transferred to the System 
under Section 3-110.5, and the amounts that would
have been 
contributed had such contributions been made at the rates 
applicable
to security employees of the Department of 
Corrections, plus (ii) interest
thereon at the effective rate 
for each year, compounded annually, from the date
of service to 
the date of payment.

    (m) The amendatory changes to this Section made by this 
amendatory Act of the 94th General Assembly apply only to: (1) 
security employees of the Department of Juvenile Justice 
employed by the Department of Corrections before the effective 
date of this amendatory Act of the 94th General Assembly and 
transferred to the Department of Juvenile Justice by this 
amendatory Act of the 94th General Assembly; and (2) persons 
employed by the Department of Juvenile Justice on or after the 
effective date of this amendatory Act of the 94th General 
Assembly who are required by subsection (b) of Section 3-2.5-15 
of the Unified Code of Corrections to have a bachelor's or 
advanced degree from an accredited college or university with a 
specialization in criminal justice, education, psychology, 
social work, or a closely related social science or, in the 
case of persons who provide vocational training, who are 
required to have adequate knowledge in the skill for which they 
are providing the vocational training.

(Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06.)

 



    (40 ILCS 5/15-134.4)  (from Ch. 108 1/2, par. 15-134.4)



    Sec. 15-134.4. Transfer of creditable service to the

Article 5 Pension Fund or Article 14 System.

    (a) An active member of the Pension Fund established under 
Article 5 of this
Code may apply, not later than January 1, 
1990, to transfer his or her
credits and creditable service

accumulated under this System for service with the City 
Colleges of Chicago
teaching  in the Criminal Justice Program, 
to the Article 5 Fund. Such
credits and creditable service 
shall be transferred forthwith.
    Payment by this
System to the Article 5 Fund shall be made 
at the same time and shall
consist of:
        (1) the amounts credited to the applicant for such 
    service
through employee contributions, including 
    interest, as of the date of
transfer; and
        (2) employer contributions equal in amount to the 
    accumulated
employee contributions as determined in item 
    (1).

Participation in this
System with respect to such credits shall 
terminate on the date of transfer.

    (b) Any active member of the State Employees' Retirement 
System who is
a State policeman, an investigator for the 
Secretary of State, or a conservation police officer may apply 
for transfer of
 some or all of his or her creditable service 
accumulated
in this System for service as a police officer to 
the State Employees'
Retirement System in accordance with 
Section 14-110.  The creditable service shall be transferred 
only upon payment
by this System to the State Employees' 
Retirement System of an amount equal to:


        (1) the amounts accumulated to the credit of the 
    applicant for the service to be transferred, including 
    interest, as of the date of transfer; and


        (2)  employer contributions equal in amount to the 
    accumulated
employee contributions as determined in item 
    (1); and


        (3) any interest paid by the applicant to reinstate 
    such service.

Participation in this System as to any credits transferred 
under this
Section shall terminate on the date of transfer.

    (c) Any person applying to transfer service under 
subsection (b) may reinstate credits and
creditable service 
terminated upon receipt of a refund by paying
to the System the 
amount of the refund plus interest thereon at the
rate of 6% 
per year from the date of the refund to the date of payment.
(Source: P.A. 86-273; 86-1028.)

 
    Section 90. The State Mandates Act is amended by adding 
Section 8.31 as follows:
 
    (30 ILCS 805/8.31 new)
    Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 
of this Act, no reimbursement by the State is required for the 
implementation of any mandate created by this amendatory Act of 
the 95th General Assembly.
 

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