093_HB1546

 
                                     LRB093 06272 LRD 06385 b

 1        AN ACT in relation to public employee benefits.

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

 4        Section  5.   The  Illinois  Pension  Code  is amended by
 5    changing Sections  3-110.6,  5-236,  7-139.8,  9-121.10,  and
 6    14-110 as follows:

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

 4        (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
 5        Sec. 5-236.  Transfer to Article 14.
 6        (a)  Until  January  31,  1994,  any active member of the
 7    State Employees' Retirement System who is a  State  policeman
 8    or  investigator  for  the  Secretary  of State may apply for
 9    transfer of his creditable  service  accumulated  under  this
10    Article  to  the  State Employees' Retirement System.  At the
11    time of  the  transfer  the  Fund  shall  pay  to  the  State
12    Employees' Retirement System an amount equal to:
13             (1)  the  amounts  accumulated  to the credit of the
14        applicant on the  books  of  the  Fund  on  the  date  of
15        transfer; and
16             (2)  the    corresponding    municipality   credits,
17        including interest, on the books of the Fund on the  date
18        of transfer; and
19             (3)  any  interest paid by the applicant in order to
20        reinstate service.
21    Participation in this Fund shall terminate  on  the  date  of
22    transfer.
23        (b)  Until  January 31, 1994, any such State policeman or
24    investigator for the Secretary of State may reinstate service
25    that was terminated by receipt of a refund, by paying to  the
26    Fund  the  amount  of the refund with interest thereon at the
27    rate of 6% per year, compounded annually, from  the  date  of
28    refund to the date of payment.
29        (c)  Within  30  days  after  the  effective date of this
30    amendatory Act of  1993,  any  active  member  of  the  State
31    Employees'   Retirement   System  who  was  earning  eligible
32    creditable  service  under  subdivision  (b)(12)  of  Section
33    14-110 on January 1, 1992 and who has at least  17  years  of
 
                            -3-      LRB093 06272 LRD 06385 b
 1    creditable  service under this Article may apply for transfer
 2    of his creditable service accumulated under this  Article  to
 3    the  State  Employees' Retirement System.  At the time of the
 4    transfer  the  Fund  shall  pay  to  the   State   Employees'
 5    Retirement System an amount equal to:
 6             (1)  the  amounts  accumulated  to the credit of the
 7        applicant on the  books  of  the  Fund  on  the  date  of
 8        transfer; and
 9             (2)  the    corresponding    municipality   credits,
10        including interest, on the books of the Fund on the  date
11        of transfer.
12    Participation  in  this  Fund  shall terminate on the date of
13    transfer.
14        (d)  Any active member of the State Employees' Retirement
15    System who is an investigator for the Office of the  Attorney
16    General  may  apply for transfer of all or part of his or her
17    creditable service accumulated  under  this  Article  to  the
18    State Employees' Retirement System in accordance with Section
19    14-110.    At  the time of the transfer the Fund shall pay to
20    the State Employees' Retirement System an amount equal to:
21             (1)  the amounts accumulated to the  credit  of  the
22        applicant  for the service to be transferred on the books
23        of the Fund on the date of transfer; and
24             (2)  the   corresponding    municipality    credits,
25        including  interest, on the books of the Fund on the date
26        of transfer; and
27             (3)  any interest paid by the applicant in order  to
28        reinstate that service credit.
29    Participation  in  this  Fund  with  respect  to  the credits
30    transferred shall terminate on the date of transfer.
31        (e)  Any such investigator for the Office of the Attorney
32    General may reinstate service that was terminated by  receipt
33    of  a  refund, by paying to the Fund the amount of the refund
34    plus  interest  at  the  rate  of  6%  per  year,  compounded
 
                            -4-      LRB093 06272 LRD 06385 b
 1    annually, from the date of the refund to the date of payment.
 2    (Source: P.A. 86-1488; 87-1265.)

 3        (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
 4        Sec. 7-139.8.  Transfer to Article 14 System.
 5        (a) Any active member of the State Employees'  Retirement
 6    System  who  is an investigator for the Office of the State's
 7    Attorneys  Appellate  Prosecutor,  an  investigator  for  the
 8    Office of the Attorney General,  or  a  controlled  substance
 9    inspector may apply for transfer of some or all of his or her
10    credits  and  creditable service accumulated in this Fund for
11    service as a sheriff's law enforcement employee or service as
12    a municipal conservator of  the  peace  certified  under  the
13    Police  Training  Act,  to  the  State  Employees' Retirement
14    System in accordance with  Section  14-110.   The  creditable
15    service  shall  be transferred only upon payment by this Fund
16    to the State Employees' Retirement System of an amount  equal
17    to:
18             (1)  the  amounts  accumulated  to the credit of the
19        applicant  for  the  service  to  be  transferred  as   a
20        sheriff's  law  enforcement employee, including interest;
21        and
22             (2)  municipality credits  based  on  such  service,
23        including interest; and
24             (3)  any interest paid by the applicant to reinstate
25        such service.
26    Participation  in  this  Fund  as  to any credits transferred
27    under this Section shall terminate on the date of transfer.
28        (b)  Any such investigator  or  inspector  may  reinstate
29    credits  and  creditable service terminated upon receipt of a
30    separation benefit, by paying to the Fund the amount  of  the
31    separation  benefit  plus  interest thereon at the rate of 6%
32    per year to the date of payment.
33    (Source: P.A. 90-32, eff. 6-27-97.)
 
                            -5-      LRB093 06272 LRD 06385 b
 1        (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
 2        Sec. 9-121.10.  Transfer to Article 14.
 3        (a)  Until July 1, 1993, any active member of  the  State
 4    Employees'  Retirement  System  who  is a State policeman may
 5    apply for transfer of some or all of his  creditable  service
 6    as a member of the County Police Department accumulated under
 7    this  Article  to the State Employees' Retirement System.  At
 8    the time of the transfer the Fund  shall  pay  to  the  State
 9    Employees' Retirement System an amount equal to:
10             (1)  the  amounts  accumulated  to the credit of the
11        applicant on the  books  of  the  Fund  on  the  date  of
12        transfer for the service to be transferred; and
13             (2)  the    corresponding    municipality   credits,
14        including interest, on the books of the Fund on the  date
15        of transfer; and
16             (3)  any  interest paid by the applicant in order to
17        reinstate such service.
18    Participation in  this  Fund  with  respect  to  the  credits
19    transferred shall terminate on the date of transfer.
20        (b)  Until  July  1,  1993,  any such State policeman may
21    reinstate credit for service as a member of the County Police
22    Department that was terminated by receipt  of  a  refund,  by
23    paying  to  the  Fund  the amount of the refund with interest
24    thereon at the rate of 6% per year, compounded annually, from
25    the date of refund to the date of payment.
26        (c)  Any active member of the State Employees' Retirement
27    System who is an investigator for the Office of the  Attorney
28    General  may  apply for transfer of some or all of his or her
29    creditable  service  as  a  member  of  the   County   Police
30    Department  accumulated  under  this  Article  to  the  State
31    Employees'  Retirement  System  in  accordance  with  Section
32    14-110.   At  the  time of the transfer the Fund shall pay to
33    the State Employees' Retirement System an amount equal to:
34             (1)  the amounts accumulated to the  credit  of  the
 
                            -6-      LRB093 06272 LRD 06385 b
 1        applicant  for the service to be transferred on the books
 2        of the Fund on the date of transfer; and
 3             (2)  the   corresponding    municipality    credits,
 4        including  interest, on the books of the Fund on the date
 5        of transfer; and
 6             (3)  any interest paid by the applicant in order  to
 7        reinstate such service.
 8    Participation  in  this  Fund  with  respect  to  the credits
 9    transferred shall terminate on the date of transfer.
10        (d)  Any such investigator for the Office of the Attorney
11    General may reinstate credit for service as a member  of  the
12    County  Police Department that was terminated by receipt of a
13    refund, by paying to the Fund the amount of the  refund  plus
14    interest  at  the  rate  of 6% per year, compounded annually,
15    from the date of the refund to the date of payment.
16    (Source: P.A. 87-1265.)

17        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
18        Sec. 14-110.  Alternative retirement annuity.
19        (a)  Any member who has withdrawn from service  with  not
20    less  than  20  years  of eligible creditable service and has
21    attained age 55,  and  any  member  who  has  withdrawn  from
22    service  with  not  less than 25 years of eligible creditable
23    service and has attained age 50, regardless  of  whether  the
24    attainment  of  either of the specified ages occurs while the
25    member is still in service, shall be entitled to  receive  at
26    the  option  of the member, in lieu of the regular or minimum
27    retirement  annuity,  a  retirement   annuity   computed   as
28    follows:
29             (i)  for   periods   of   service  as  a  noncovered
30        employee: if retirement occurs on  or  after  January  1,
31        2001,  3%  of final average compensation for each year of
32        creditable service; if retirement occurs  before  January
33        1, 2001, 2 1/4% of final average compensation for each of
 
                            -7-      LRB093 06272 LRD 06385 b
 1        the first 10 years of creditable service, 2 1/2% for each
 2        year  above  10  years  to  and  including  20  years  of
 3        creditable   service,   and  2  3/4%  for  each  year  of
 4        creditable service above 20 years; and
 5             (ii)  for periods of eligible creditable service  as
 6        a  covered  employee:  if  retirement  occurs on or after
 7        January 1, 2001, 2.5% of final average  compensation  for
 8        each  year  of  creditable  service; if retirement occurs
 9        before  January  1,  2001,   1.67%   of   final   average
10        compensation  for  each  of  the  first  10 years of such
11        service, 1.90% for each of the  next  10  years  of  such
12        service, 2.10% for each year of such service in excess of
13        20  but  not  exceeding  30,  and  2.30% for each year in
14        excess of 30.
15        Such annuity shall be subject to  a  maximum  of  75%  of
16    final   average  compensation  if  retirement  occurs  before
17    January 1, 2001 or to a  maximum  of  80%  of  final  average
18    compensation  if  retirement  occurs  on  or after January 1,
19    2001.
20        These rates  shall  not  be  applicable  to  any  service
21    performed  by  a  member  as  a covered employee which is not
22    eligible creditable service.  Service as a  covered  employee
23    which  is not eligible creditable service shall be subject to
24    the rates and provisions of Section 14-108.
25        (b)  For  the  purpose   of   this   Section,   "eligible
26    creditable  service"  means creditable service resulting from
27    service in one or more of the following positions:
28             (1)  State policeman;
29             (2)  fire fighter in the fire protection service  of
30        a department;
31             (3)  air pilot;
32             (4)  special agent;
33             (5)  investigator for the Secretary of State;
34             (6)  conservation police officer;
 
                            -8-      LRB093 06272 LRD 06385 b
 1             (7)  investigator for the Department of Revenue;
 2             (8)  security  employee  of  the Department of Human
 3        Services;
 4             (9)  Central  Management  Services  security  police
 5        officer;
 6             (10)  security  employee  of   the   Department   of
 7        Corrections;
 8             (11)  dangerous drugs investigator;
 9             (12)  investigator   for  the  Department  of  State
10        Police;
11             (13)  investigator for the Office  of  the  Attorney
12        General;
13             (14)  controlled substance inspector;
14             (15)  investigator  for  the  Office  of the State's
15        Attorneys Appellate Prosecutor;
16             (16)  Commerce Commission police officer;
17             (17)  arson investigator;
18             (18)  State highway maintenance worker.
19        A person employed in one of the  positions  specified  in
20    this  subsection  is  entitled to eligible creditable service
21    for service credit earned under this Article while undergoing
22    the basic police training course approved by the Illinois Law
23    Enforcement Training Standards Board, if completion  of  that
24    training is required of persons serving in that position. For
25    the  purposes of this Code, service during the required basic
26    police training course shall be  deemed  performance  of  the
27    duties  of  the specified position, even though the person is
28    not a sworn peace officer at the time of the training.
29        (c)  For the purposes of this Section:
30             (1)  The term "state policeman" includes  any  title
31        or  position  in  the  Department of State Police that is
32        held by an individual employed  under  the  State  Police
33        Act.
34             (2)  The  term  "fire fighter in the fire protection
 
                            -9-      LRB093 06272 LRD 06385 b
 1        service of a department" includes all  officers  in  such
 2        fire   protection   service  including  fire  chiefs  and
 3        assistant fire chiefs.
 4             (3)  The term  "air  pilot"  includes  any  employee
 5        whose  official job description on file in the Department
 6        of Central Management Services, or in the  department  by
 7        which he is employed if that department is not covered by
 8        the Personnel Code, states that his principal duty is the
 9        operation  of  aircraft,  and  who  possesses  a  pilot's
10        license;  however,  the change in this definition made by
11        this amendatory Act of 1983 shall not operate to  exclude
12        any  noncovered  employee  who was an "air pilot" for the
13        purposes of this Section on January 1, 1984.
14             (4)  The term "special agent" means any  person  who
15        by  reason  of  employment  by  the  Division of Narcotic
16        Control, the Bureau of Investigation or,  after  July  1,
17        1977,   the   Division  of  Criminal  Investigation,  the
18        Division  of  Internal  Investigation,  the  Division  of
19        Operations,  or  any  other  Division  or  organizational
20        entity in the Department of State Police is vested by law
21        with  duties  to  maintain  public   order,   investigate
22        violations of the criminal law of this State, enforce the
23        laws  of  this  State, make arrests and recover property.
24        The term "special agent" includes any title  or  position
25        in  the  Department  of  State  Police that is held by an
26        individual employed under the State Police Act.
27             (5)  The term "investigator  for  the  Secretary  of
28        State"  means  any  person  employed by the Office of the
29        Secretary of State and  vested  with  such  investigative
30        duties  as  render  him ineligible for coverage under the
31        Social Security Act by reason of  Sections  218(d)(5)(A),
32        218(d)(8)(D) and 218(l)(1) of that Act.
33             A  person who became employed as an investigator for
34        the Secretary  of  State  between  January  1,  1967  and
 
                            -10-     LRB093 06272 LRD 06385 b
 1        December  31,  1975,  and  who  has  served as such until
 2        attainment of age  60,  either  continuously  or  with  a
 3        single  break  in  service  of  not  more  than  3  years
 4        duration,  which break terminated before January 1, 1976,
 5        shall  be  entitled  to  have  his   retirement   annuity
 6        calculated     in   accordance   with   subsection   (a),
 7        notwithstanding that he has less than 20 years of  credit
 8        for such service.
 9             (6)  The  term  "Conservation  Police Officer" means
10        any person employed by the Division of Law Enforcement of
11        the Department of Natural Resources and vested with  such
12        law  enforcement  duties  as  render  him  ineligible for
13        coverage under the  Social  Security  Act  by  reason  of
14        Sections  218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1) of
15        that  Act.   The  term  "Conservation   Police   Officer"
16        includes  the  positions  of  Chief  Conservation  Police
17        Administrator    and    Assistant   Conservation   Police
18        Administrator.
19             (7)  The term "investigator for  the  Department  of
20        Revenue"  means  any person employed by the Department of
21        Revenue and vested  with  such  investigative  duties  as
22        render  him  ineligible  for  coverage  under  the Social
23        Security  Act  by  reason   of   Sections   218(d)(5)(A),
24        218(d)(8)(D) and 218(l)(1) of that Act.
25             (8)  The  term  "security employee of the Department
26        of Human Services"  means  any  person  employed  by  the
27        Department  of  Human Services who (i) is employed at the
28        Chester Mental Health Center and has daily  contact  with
29        the residents thereof, (ii) is employed within a security
30        unit  at  a  facility  operated by the Department and has
31        daily contact with the residents of  the  security  unit,
32        (iii)   is   employed  at  a  facility  operated  by  the
33        Department that includes a security unit and is regularly
34        scheduled to work at least 50%  of  his  or  her  working
 
                            -11-     LRB093 06272 LRD 06385 b
 1        hours  within  that  security  unit,  or (iv) is a mental
 2        health police officer.  "Mental  health  police  officer"
 3        means  any  person  employed  by  the Department of Human
 4        Services in a position  pertaining  to  the  Department's
 5        mental  health  and  developmental disabilities functions
 6        who is vested with such law enforcement duties as  render
 7        the  person  ineligible  for  coverage  under  the Social
 8        Security  Act  by  reason   of   Sections   218(d)(5)(A),
 9        218(d)(8)(D)  and 218(l)(1) of that Act.  "Security unit"
10        means that portion of a facility that is devoted  to  the
11        care,  containment, and treatment of persons committed to
12        the Department of  Human  Services  as  sexually  violent
13        persons,  persons  unfit  to  stand trial, or persons not
14        guilty by reason  of  insanity.   With  respect  to  past
15        employment,   references   to  the  Department  of  Human
16        Services  include  its  predecessor,  the  Department  of
17        Mental Health and Developmental Disabilities.
18             The changes  made  to  this  subdivision  (c)(8)  by
19        Public  Act 92-14 apply to persons who retire on or after
20        January 1, 2001, notwithstanding Section 1-103.1.
21             (9)  "Central Management  Services  security  police
22        officer"  means  any person employed by the Department of
23        Central Management Services who is vested with  such  law
24        enforcement  duties as render him ineligible for coverage
25        under the Social  Security  Act  by  reason  of  Sections
26        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
27             (10)  The  term "security employee of the Department
28        of Corrections" means any employee of the  Department  of
29        Corrections  or  the  former Department of Personnel, and
30        any member or employee of the Prisoner Review Board,  who
31        has  daily  contact  with  inmates  by  working  within a
32        correctional facility or who is a parole  officer  or  an
33        employee who has direct contact with committed persons in
34        the performance of his or her job duties.
 
                            -12-     LRB093 06272 LRD 06385 b
 1             (11)  The  term "dangerous drugs investigator" means
 2        any person who is employed as such by the  Department  of
 3        Human Services.
 4             (12)  The  term  "investigator for the Department of
 5        State Police" means a person employed by  the  Department
 6        of  State  Police  who  is  vested under Section 4 of the
 7        Narcotic Control Division Abolition  Act  with  such  law
 8        enforcement  powers as render him ineligible for coverage
 9        under the Social  Security  Act  by  reason  of  Sections
10        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
11             (13)  "Investigator  for  the Office of the Attorney
12        General" means any person who is employed as such by  the
13        Office  of  the  Attorney General and is vested with such
14        investigative  duties  as  render  him   ineligible   for
15        coverage  under  the  Social  Security  Act  by reason of
16        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
17        Act.  For the period before January  1,  1989,  the  term
18        includes  all  persons who were employed as investigators
19        by the Office of the Attorney General, without regard  to
20        social security status.
21             (14)  "Controlled  substance  inspector"  means  any
22        person  who  is  employed  as  such  by the Department of
23        Professional Regulation  and  is  vested  with  such  law
24        enforcement  duties as render him ineligible for coverage
25        under the Social  Security  Act  by  reason  of  Sections
26        218(d)(5)(A),  218(d)(8)(D)  and  218(l)(1)  of that Act.
27        The term "controlled substance  inspector"  includes  the
28        Program   Executive  of  Enforcement  and  the  Assistant
29        Program Executive of Enforcement.
30             (15)  The term "investigator for the Office  of  the
31        State's  Attorneys  Appellate  Prosecutor" means a person
32        employed in that capacity on a full time basis under  the
33        authority  of  Section  7.06  of  the  State's  Attorneys
34        Appellate Prosecutor's Act.
 
                            -13-     LRB093 06272 LRD 06385 b
 1             (16)  "Commerce Commission police officer" means any
 2        person  employed  by the Illinois Commerce Commission who
 3        is vested with such law enforcement duties as render  him
 4        ineligible  for coverage under the Social Security Act by
 5        reason  of  Sections  218(d)(5)(A),   218(d)(8)(D),   and
 6        218(l)(1) of that Act.
 7             (17)  "Arson  investigator"  means any person who is
 8        employed as such by the Office of the State Fire  Marshal
 9        and  is vested with such law enforcement duties as render
10        the person  ineligible  for  coverage  under  the  Social
11        Security   Act   by   reason  of  Sections  218(d)(5)(A),
12        218(d)(8)(D), and 218(l)(1) of that Act.   A  person  who
13        was  employed as an arson investigator on January 1, 1995
14        and is no longer in  service  but  not  yet  receiving  a
15        retirement  annuity  may  convert  his  or her creditable
16        service for employment  as  an  arson  investigator  into
17        eligible  creditable  service by paying to the System the
18        difference between the  employee  contributions  actually
19        paid  for  that  service  and the amounts that would have
20        been contributed if the applicant  were  contributing  at
21        the  rate  applicable  to  persons  with  the same social
22        security status earning eligible  creditable  service  on
23        the date of application.
24             (18)  The  term  "State  highway maintenance worker"
25        means a person who is either of the following:
26                  (i)  A person employed on a full-time basis  by
27             the  Illinois  Department  of  Transportation in the
28             position of highway maintainer, highway  maintenance
29             lead  worker,  highway maintenance lead/lead worker,
30             heavy construction equipment operator, power  shovel
31             operator,  or  bridge  mechanic; and whose principal
32             responsibility is to perform, on  the  roadway,  the
33             actual  maintenance  necessary  to keep the highways
34             that form a part of  the  State  highway  system  in
 
                            -14-     LRB093 06272 LRD 06385 b
 1             serviceable condition for vehicular traffic.
 2                  (ii)  A person employed on a full-time basis by
 3             the  Illinois  State  Toll  Highway Authority in the
 4             position   of   equipment   operator/laborer    H-4,
 5             equipment    operator/laborer    H-6,  welder   H-4,
 6             welder      H-6,     mechanical/electrical      H-4,
 7             mechanical/electrical    H-6,    water/sewer    H-4,
 8             water/sewer   H-6,   sign   maker/hanger  H-4,  sign
 9             maker/hanger  H-6,  roadway  lighting  H-4,  roadway
10             lighting  H-6,  structural  H-4,   structural   H-6,
11             painter  H-4,  or  painter  H-6; and whose principal
12             responsibility is to perform, on  the  roadway,  the
13             actual maintenance necessary to keep the Authority's
14             tollways  in  serviceable  condition  for  vehicular
15             traffic.
16        (d)  A   security   employee   of   the   Department   of
17    Corrections,  and  a  security  employee of the Department of
18    Human Services who is not a  mental  health  police  officer,
19    shall  not be eligible for the alternative retirement annuity
20    provided by this Section unless he or she meets the following
21    minimum  age  and  service  requirements  at  the   time   of
22    retirement:
23             (i)  25 years of eligible creditable service and age
24        55; or
25             (ii)  beginning   January   1,  1987,  25  years  of
26        eligible creditable service and age 54, or  24  years  of
27        eligible creditable service and age 55; or
28             (iii)  beginning   January  1,  1988,  25  years  of
29        eligible creditable service and age 53, or  23  years  of
30        eligible creditable service and age 55; or
31             (iv)  beginning   January   1,  1989,  25  years  of
32        eligible creditable service and age 52, or  22  years  of
33        eligible creditable service and age 55; or
34             (v)  beginning January 1, 1990, 25 years of eligible
 
                            -15-     LRB093 06272 LRD 06385 b
 1        creditable  service  and  age 51, or 21 years of eligible
 2        creditable service and age 55; or
 3             (vi)  beginning  January  1,  1991,  25   years   of
 4        eligible  creditable  service  and age 50, or 20 years of
 5        eligible creditable service and age 55.
 6        Persons who have service credit under Article 16 of  this
 7    Code  for service as a security employee of the Department of
 8    Corrections or the Department of Human Services in a position
 9    requiring certification as a teacher may count  such  service
10    toward  establishing  their  eligibility  under  the  service
11    requirements  of  this  Section; but such service may be used
12    only for establishing  such  eligibility,  and  not  for  the
13    purpose of increasing or calculating any benefit.
14        (e)  If a member enters military service while working in
15    a  position  in  which  eligible  creditable  service  may be
16    earned, and returns to State service in the same  or  another
17    such  position,  and  fulfills  in  all  other  respects  the
18    conditions prescribed in this Article for credit for military
19    service,  such military service shall be credited as eligible
20    creditable service for the purposes of the retirement annuity
21    prescribed in this Section.
22        (f)  For purposes  of  calculating  retirement  annuities
23    under   this  Section,  periods  of  service  rendered  after
24    December 31, 1968 and before October 1,  1975  as  a  covered
25    employee  in  the  position  of  special  agent, conservation
26    police officer, mental health police officer, or investigator
27    for the Secretary of State, shall  be  deemed  to  have  been
28    service  as a noncovered employee, provided that the employee
29    pays to the System prior to retirement an amount equal to (1)
30    the difference between the employee contributions that  would
31    have been required for such service as a noncovered employee,
32    and  the amount of employee contributions actually paid, plus
33    (2) if payment is made after July 31, 1987, regular  interest
34    on  the amount specified in item (1) from the date of service
 
                            -16-     LRB093 06272 LRD 06385 b
 1    to the date of payment.
 2        For purposes of calculating  retirement  annuities  under
 3    this  Section, periods of service rendered after December 31,
 4    1968 and before January 1, 1982 as a covered employee in  the
 5    position  of investigator for the Department of Revenue shall
 6    be deemed to have been  service  as  a  noncovered  employee,
 7    provided  that  the  employee  pays  to  the  System prior to
 8    retirement an amount equal to (1) the difference between  the
 9    employee contributions that would have been required for such
10    service  as a noncovered employee, and the amount of employee
11    contributions actually paid, plus  (2)  if  payment  is  made
12    after  January  1,  1990,  regular  interest  on  the  amount
13    specified in item (1) from the date of service to the date of
14    payment.
15        (g)  A  State policeman may elect, not later than January
16    1, 1990, to establish eligible creditable service for  up  to
17    10  years  of  his service as a policeman under Article 3, by
18    filing a written election  with  the  Board,  accompanied  by
19    payment  of an amount to be determined by the Board, equal to
20    (i)  the  difference  between  the  amount  of  employee  and
21    employer  contributions  transferred  to  the  System   under
22    Section  3-110.5,  and  the  amounts  that  would  have  been
23    contributed  had  such  contributions  been made at the rates
24    applicable to State policemen, plus (ii) interest thereon  at
25    the  effective  rate for each year, compounded annually, from
26    the date of service to the date of payment.
27        Subject to the limitation  in  subsection  (i),  a  State
28    policeman  may  elect,  not  later  than  July  1,  1993,  to
29    establish  eligible  creditable service for up to 10 years of
30    his service as a member of the County Police Department under
31    Article 9, by filing  a  written  election  with  the  Board,
32    accompanied  by  payment of an amount to be determined by the
33    Board, equal to (i) the  difference  between  the  amount  of
34    employee and employer contributions transferred to the System
 
                            -17-     LRB093 06272 LRD 06385 b
 1    under  Section  9-121.10 and the amounts that would have been
 2    contributed had those contributions been made  at  the  rates
 3    applicable  to State policemen, plus (ii) interest thereon at
 4    the effective rate for each year, compounded  annually,  from
 5    the date of service to the date of payment.
 6        (h)  Subject to the limitation in subsection (i), a State
 7    policeman  or  investigator  for  the  Secretary of State may
 8    elect to establish eligible creditable service for up  to  12
 9    years  of  his  service  as  a  policeman under Article 5, by
10    filing a written election with the Board on or before January
11    31, 1992, and paying to the System by  January  31,  1994  an
12    amount  to  be  determined  by  the  Board,  equal to (i) the
13    difference  between  the  amount  of  employee  and  employer
14    contributions transferred to the System under Section  5-236,
15    and  the  amounts  that  would have been contributed had such
16    contributions been made at  the  rates  applicable  to  State
17    policemen,  plus  (ii) interest thereon at the effective rate
18    for each year, compounded annually, from the date of  service
19    to the date of payment.
20        Subject  to  the  limitation  in  subsection (i), a State
21    policeman, conservation police officer, or  investigator  for
22    the  Secretary  of  State  may  elect  to  establish eligible
23    creditable service for  up  to  10  years  of  service  as  a
24    sheriff's law enforcement employee under Article 7, by filing
25    a  written  election  with the Board on or before January 31,
26    1993, and paying to the System by January 31, 1994 an  amount
27    to  be  determined  by the Board, equal to (i) the difference
28    between the amount of  employee  and  employer  contributions
29    transferred  to  the  System  under  Section 7-139.7, and the
30    amounts  that  would   have   been   contributed   had   such
31    contributions  been  made  at  the  rates applicable to State
32    policemen, plus (ii) interest thereon at the  effective  rate
33    for  each year, compounded annually, from the date of service
34    to the date of payment.
 
                            -18-     LRB093 06272 LRD 06385 b
 1        (i)  The total  amount  of  eligible  creditable  service
 2    established  by  any  person under subsections (g), (h), (j),
 3    (k), and (l), and (m) of this Section  shall  not  exceed  12
 4    years.
 5        (j)  Subject  to  the  limitation  in  subsection (i), an
 6    investigator  for  the  Office  of  the   State's   Attorneys
 7    Appellate  Prosecutor or a controlled substance inspector may
 8    elect to establish eligible creditable service for up  to  10
 9    years  of  his  service  as  a policeman under Article 3 or a
10    sheriff's law enforcement employee under Article 7, by filing
11    a written election with the Board, accompanied by payment  of
12    an  amount  to  be  determined by the Board, equal to (1) the
13    difference  between  the  amount  of  employee  and  employer
14    contributions transferred to the System under Section 3-110.6
15    or 7-139.8, and the amounts that would have been  contributed
16    had  such  contributions been made at the rates applicable to
17    State policemen, plus (2) interest thereon at  the  effective
18    rate  for  each  year,  compounded annually, from the date of
19    service to the date of payment.
20        (k)  Subject to the limitation in subsection (i) of  this
21    Section,   an  alternative  formula  employee  may  elect  to
22    establish eligible creditable service for periods spent as  a
23    full-time  law  enforcement  officer or full-time corrections
24    officer employed by the federal government or by a  state  or
25    local  government  located  outside  of  Illinois,  for which
26    credit is not held in any other public employee pension  fund
27    or  retirement  system.  To obtain this credit, the applicant
28    must file a written application with the Board by  March  31,
29    1998,  accompanied  by  evidence of eligibility acceptable to
30    the Board and payment of an amount to be  determined  by  the
31    Board,  equal  to  (1)  employee contributions for the credit
32    being established, based upon the applicant's salary  on  the
33    first  day  as  an  alternative  formula  employee  after the
34    employment for which credit  is  being  established  and  the
 
                            -19-     LRB093 06272 LRD 06385 b
 1    rates  then applicable to alternative formula employees, plus
 2    (2) an amount determined by the Board to  be  the  employer's
 3    normal  cost  of  the  benefits  accrued for the credit being
 4    established, plus (3) regular  interest  on  the  amounts  in
 5    items  (1)  and  (2)  from  the  first  day as an alternative
 6    formula employee after the employment  for  which  credit  is
 7    being established to the date of payment.
 8        (l)  Subject  to  the  limitation  in  subsection  (i), a
 9    security employee of the Department of Corrections may elect,
10    not later than July 1, 1998, to establish eligible creditable
11    service for up to 10  years  of  his  or  her  service  as  a
12    policeman  under Article 3, by filing a written election with
13    the  Board,  accompanied  by  payment  of  an  amount  to  be
14    determined by the Board, equal to (i) the difference  between
15    the amount of employee and employer contributions transferred
16    to  the  System  under  Section 3-110.5, and the amounts that
17    would have been contributed had such contributions been  made
18    at   the  rates  applicable  to  security  employees  of  the
19    Department of Corrections, plus (ii) interest thereon at  the
20    effective  rate  for each year, compounded annually, from the
21    date of service to the date of payment.
22        (m)  Subject to the  limitation  in  subsection  (i),  an
23    investigator for the Office of the Attorney General may elect
24    to  establish  eligible creditable service for up to 12 years
25    of service as  a  policeman  under  Article  3  or  5,  as  a
26    sheriff's  law  enforcement employee or municipal conservator
27    of the peace under Article 7, or as a member  of  the  County
28    Police  Department  under  Article  9,  by  filing  a written
29    election with the Board, accompanied by payment of an  amount
30    to  be  determined  by the Board, equal to (1) the difference
31    between the amount of  employee  and  employer  contributions
32    transferred  to  the  System  under  Section  3-110.6, 5-236,
33    7-139.8, or 9-121.10 and the amounts  that  would  have  been
34    contributed  had  those  contributions been made at the rates
 
                            -20-     LRB093 06272 LRD 06385 b
 1    applicable to State policemen, plus (2) interest  thereon  at
 2    the  effective  rate for each year, compounded annually, from
 3    the date of service to the date of payment.
 4    (Source: P.A. 91-357,  eff.  7-29-99;  91-760,  eff.  1-1-01;
 5    92-14,  eff.  6-28-01;  92-257,  eff.  8-6-01;  92-651,  eff.
 6    7-11-02.)

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