|
|
||||
| Public Act 095-0530 |
||||
| ||||
| ||||
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.
| ||