State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0257

HB0267 Enrolled                                LRB9203952EGfg

    AN ACT in relation to 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 Section 14-110 as follows:

    (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    (a)  Any member who has withdrawn from service  with  not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attained age 55,  and  any  member  who  has  withdrawn  from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, 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, 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.   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;
         (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  is  employed at the
    Chester Mental Health Center and has daily  contact  with
    the  residents  thereof, or who 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.
         (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)  The  term "security employee of the Department
    of Corrections" means any employee of the  Department  of
    Corrections  or  the  former Department of Personnel, and
    any member or employee of the Prisoner Review Board,  who
    has  daily  contact  with  inmates  by  working  within a
    correctional facility 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.
         (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,  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  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.
    (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.
(Source: P.A.  90-32,  eff.  6-27-97;  91-357,  eff. 7-29-99;
91-760, eff. 1-1-01.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.
    Passed in the General Assembly May 17, 2001.
    Approved August 06, 2001.

[ Top ]