093_SB1157

 
                                     LRB093 10821 LRD 11266 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    adding  Section  7-139.10  and  changing  Section  14-110  as
 6    follows:

 7        (40 ILCS 5/7-139.10 new)
 8        Sec. 7-139.10.  Transfer to Article 14 System.
 9        (a) Until January 1, 2004, any active member of the State
10    Employees' Retirement System who is an investigator  for  the
11    Department  of  Revenue  may apply for transfer of his or her
12    credits and creditable service accumulated in this  Fund  (1)
13    for  service  as a sheriff's law enforcement employee and (2)
14    for service  as  a  state's  attorney  or  assistant  state's
15    attorney   to  the  State  Employees'  Retirement  System  in
16    accordance with Section 14-110.  The total amount of  credits
17    and creditable service transferred under this Section may not
18    exceed 11 years.  The creditable service shall be transferred
19    only  upon  payment  by  this  Fund  to  the State Employees'
20    Retirement System of an amount equal to:
21             (1)  the amounts accumulated to the  credit  of  the
22        applicant  for  service  as  a  sheriff's law enforcement
23        employee, including interest; and
24             (2)  municipality credits  based  on  such  service,
25        including interest; and
26             (3)  any interest paid by the applicant to reinstate
27        such service.
28    Participation  in  this  Fund  as  to any credits transferred
29    under this Section shall terminate on the date of transfer.
30        (b)  Any such  investigator  may  reinstate  credits  and
31    creditable  service  terminated  upon receipt of a separation
 
                            -2-      LRB093 10821 LRD 11266 b
 1    benefit, by paying to the Fund the amount of  the  separation
 2    benefit  plus  interest thereon at the rate of 6% per year to
 3    the date of payment.

 4        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
 5        Sec. 14-110.  Alternative retirement annuity.
 6        (a)  Any member who has withdrawn from service  with  not
 7    less  than  20  years  of eligible creditable service and has
 8    attained age 55,  and  any  member  who  has  withdrawn  from
 9    service  with  not  less than 25 years of eligible creditable
10    service and has attained age 50, regardless  of  whether  the
11    attainment  of  either of the specified ages occurs while the
12    member is still in service, shall be entitled to  receive  at
13    the  option  of the member, in lieu of the regular or minimum
14    retirement  annuity,  a  retirement   annuity   computed   as
15    follows:
16             (i)  for   periods   of   service  as  a  noncovered
17        employee: if retirement occurs on  or  after  January  1,
18        2001,  3%  of final average compensation for each year of
19        creditable service; if retirement occurs  before  January
20        1, 2001, 2 1/4% of final average compensation for each of
21        the first 10 years of creditable service, 2 1/2% for each
22        year  above  10  years  to  and  including  20  years  of
23        creditable   service,   and  2  3/4%  for  each  year  of
24        creditable service above 20 years; and
25             (ii)  for periods of eligible creditable service  as
26        a  covered  employee:  if  retirement  occurs on or after
27        January 1, 2001, 2.5% of final average  compensation  for
28        each  year  of  creditable  service; if retirement occurs
29        before  January  1,  2001,   1.67%   of   final   average
30        compensation  for  each  of  the  first  10 years of such
31        service, 1.90% for each of the  next  10  years  of  such
32        service, 2.10% for each year of such service in excess of
33        20  but  not  exceeding  30,  and  2.30% for each year in
 
                            -3-      LRB093 10821 LRD 11266 b
 1        excess of 30.
 2        Such annuity shall be subject to  a  maximum  of  75%  of
 3    final   average  compensation  if  retirement  occurs  before
 4    January 1, 2001 or to a  maximum  of  80%  of  final  average
 5    compensation  if  retirement  occurs  on  or after January 1,
 6    2001.
 7        These rates  shall  not  be  applicable  to  any  service
 8    performed  by  a  member  as  a covered employee which is not
 9    eligible creditable service.  Service as a  covered  employee
10    which  is not eligible creditable service shall be subject to
11    the rates and provisions of Section 14-108.
12        (b)  For  the  purpose   of   this   Section,   "eligible
13    creditable  service"  means creditable service resulting from
14    service in one or more of the following positions:
15             (1)  State policeman;
16             (2)  fire fighter in the fire protection service  of
17        a department;
18             (3)  air pilot;
19             (4)  special agent;
20             (5)  investigator for the Secretary of State;
21             (6)  conservation police officer;
22             (7)  investigator for the Department of Revenue;
23             (8)  security  employee  of  the Department of Human
24        Services;
25             (9)  Central  Management  Services  security  police
26        officer;
27             (10)  security  employee  of   the   Department   of
28        Corrections;
29             (11)  dangerous drugs investigator;
30             (12)  investigator   for  the  Department  of  State
31        Police;
32             (13)  investigator for the Office  of  the  Attorney
33        General;
34             (14)  controlled substance inspector;
 
                            -4-      LRB093 10821 LRD 11266 b
 1             (15)  investigator  for  the  Office  of the State's
 2        Attorneys Appellate Prosecutor;
 3             (16)  Commerce Commission police officer;
 4             (17)  arson investigator;
 5             (18)  State highway maintenance worker.
 6        A person employed in one of the  positions  specified  in
 7    this  subsection  is  entitled to eligible creditable service
 8    for service credit earned under this Article while undergoing
 9    the basic police training course approved by the Illinois Law
10    Enforcement Training Standards Board, if completion  of  that
11    training is required of persons serving in that position. For
12    the  purposes of this Code, service during the required basic
13    police training course shall be  deemed  performance  of  the
14    duties  of  the specified position, even though the person is
15    not a sworn peace officer at the time of the training.
16        (c)  For the purposes of this Section:
17             (1)  The term "state policeman" includes  any  title
18        or  position  in  the  Department of State Police that is
19        held by an individual employed  under  the  State  Police
20        Act.
21             (2)  The  term  "fire fighter in the fire protection
22        service of a department" includes all  officers  in  such
23        fire   protection   service  including  fire  chiefs  and
24        assistant fire chiefs.
25             (3)  The term  "air  pilot"  includes  any  employee
26        whose  official job description on file in the Department
27        of Central Management Services, or in the  department  by
28        which he is employed if that department is not covered by
29        the Personnel Code, states that his principal duty is the
30        operation  of  aircraft,  and  who  possesses  a  pilot's
31        license;  however,  the change in this definition made by
32        this amendatory Act of 1983 shall not operate to  exclude
33        any  noncovered  employee  who was an "air pilot" for the
34        purposes of this Section on January 1, 1984.
 
                            -5-      LRB093 10821 LRD 11266 b
 1             (4)  The term "special agent" means any  person  who
 2        by  reason  of  employment  by  the  Division of Narcotic
 3        Control, the Bureau of Investigation or,  after  July  1,
 4        1977,   the   Division  of  Criminal  Investigation,  the
 5        Division  of  Internal  Investigation,  the  Division  of
 6        Operations,  or  any  other  Division  or  organizational
 7        entity in the Department of State Police is vested by law
 8        with  duties  to  maintain  public   order,   investigate
 9        violations of the criminal law of this State, enforce the
10        laws  of  this  State, make arrests and recover property.
11        The term "special agent" includes any title  or  position
12        in  the  Department  of  State  Police that is held by an
13        individual employed under the State Police Act.
14             (5)  The term "investigator  for  the  Secretary  of
15        State"  means  any  person  employed by the Office of the
16        Secretary of State and  vested  with  such  investigative
17        duties  as  render  him ineligible for coverage under the
18        Social Security Act by reason of  Sections  218(d)(5)(A),
19        218(d)(8)(D) and 218(l)(1) of that Act.
20             A  person who became employed as an investigator for
21        the Secretary  of  State  between  January  1,  1967  and
22        December  31,  1975,  and  who  has  served as such until
23        attainment of age  60,  either  continuously  or  with  a
24        single  break  in  service  of  not  more  than  3  years
25        duration,  which break terminated before January 1, 1976,
26        shall  be  entitled  to  have  his   retirement   annuity
27        calculated     in   accordance   with   subsection   (a),
28        notwithstanding that he has less than 20 years of  credit
29        for such service.
30             (6)  The  term  "Conservation  Police Officer" means
31        any person employed by the Division of Law Enforcement of
32        the Department of Natural Resources and vested with  such
33        law  enforcement  duties  as  render  him  ineligible for
34        coverage under the  Social  Security  Act  by  reason  of
 
                            -6-      LRB093 10821 LRD 11266 b
 1        Sections  218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1) of
 2        that  Act.   The  term  "Conservation   Police   Officer"
 3        includes  the  positions  of  Chief  Conservation  Police
 4        Administrator    and    Assistant   Conservation   Police
 5        Administrator.
 6             (7)  The term "investigator for  the  Department  of
 7        Revenue"  means  any person employed by the Department of
 8        Revenue and vested  with  such  investigative  duties  as
 9        render  him  ineligible  for  coverage  under  the Social
10        Security  Act  by  reason   of   Sections   218(d)(5)(A),
11        218(d)(8)(D) and 218(l)(1) of that Act.
12             (8)  The  term  "security employee of the Department
13        of Human Services"  means  any  person  employed  by  the
14        Department  of  Human Services who (i) is employed at the
15        Chester Mental Health Center and has daily  contact  with
16        the residents thereof, (ii) is employed within a security
17        unit  at  a  facility  operated by the Department and has
18        daily contact with the residents of  the  security  unit,
19        (iii)   is   employed  at  a  facility  operated  by  the
20        Department that includes a security unit and is regularly
21        scheduled to work at least 50%  of  his  or  her  working
22        hours  within  that  security  unit,  or (iv) is a mental
23        health police officer.  "Mental  health  police  officer"
24        means  any  person  employed  by  the Department of Human
25        Services in a position  pertaining  to  the  Department's
26        mental  health  and  developmental disabilities functions
27        who is vested with such law enforcement duties as  render
28        the  person  ineligible  for  coverage  under  the Social
29        Security  Act  by  reason   of   Sections   218(d)(5)(A),
30        218(d)(8)(D)  and 218(l)(1) of that Act.  "Security unit"
31        means that portion of a facility that is devoted  to  the
32        care,  containment, and treatment of persons committed to
33        the Department of  Human  Services  as  sexually  violent
34        persons,  persons  unfit  to  stand trial, or persons not
 
                            -7-      LRB093 10821 LRD 11266 b
 1        guilty by reason  of  insanity.   With  respect  to  past
 2        employment,   references   to  the  Department  of  Human
 3        Services  include  its  predecessor,  the  Department  of
 4        Mental Health and Developmental Disabilities.
 5             The changes  made  to  this  subdivision  (c)(8)  by
 6        Public  Act 92-14 apply to persons who retire on or after
 7        January 1, 2001, notwithstanding Section 1-103.1.
 8             (9)  "Central Management  Services  security  police
 9        officer"  means  any person employed by the Department of
10        Central Management Services who is vested with  such  law
11        enforcement  duties as render him ineligible for coverage
12        under the Social  Security  Act  by  reason  of  Sections
13        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
14             (10)  The  term "security employee of the Department
15        of Corrections" means any employee of the  Department  of
16        Corrections  or  the  former Department of Personnel, and
17        any member or employee of the Prisoner Review Board,  who
18        has  daily  contact  with  inmates  by  working  within a
19        correctional facility or who is a parole  officer  or  an
20        employee who has direct contact with committed persons in
21        the performance of his or her job duties.
22             (11)  The  term "dangerous drugs investigator" means
23        any person who is employed as such by the  Department  of
24        Human Services.
25             (12)  The  term  "investigator for the Department of
26        State Police" means a person employed by  the  Department
27        of  State  Police  who  is  vested under Section 4 of the
28        Narcotic Control Division Abolition  Act  with  such  law
29        enforcement  powers as render him ineligible for coverage
30        under the Social  Security  Act  by  reason  of  Sections
31        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
32             (13)  "Investigator  for  the Office of the Attorney
33        General" means any person who is employed as such by  the
34        Office  of  the  Attorney General and is vested with such
 
                            -8-      LRB093 10821 LRD 11266 b
 1        investigative  duties  as  render  him   ineligible   for
 2        coverage  under  the  Social  Security  Act  by reason of
 3        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
 4        Act.  For the period before January  1,  1989,  the  term
 5        includes  all  persons who were employed as investigators
 6        by the Office of the Attorney General, without regard  to
 7        social security status.
 8             (14)  "Controlled  substance  inspector"  means  any
 9        person  who  is  employed  as  such  by the Department of
10        Professional Regulation  and  is  vested  with  such  law
11        enforcement  duties as render him ineligible for coverage
12        under the Social  Security  Act  by  reason  of  Sections
13        218(d)(5)(A),  218(d)(8)(D)  and  218(l)(1)  of that Act.
14        The term "controlled substance  inspector"  includes  the
15        Program   Executive  of  Enforcement  and  the  Assistant
16        Program Executive of Enforcement.
17             (15)  The term "investigator for the Office  of  the
18        State's  Attorneys  Appellate  Prosecutor" means a person
19        employed in that capacity on a full time basis under  the
20        authority  of  Section  7.06  of  the  State's  Attorneys
21        Appellate Prosecutor's Act.
22             (16)  "Commerce Commission police officer" means any
23        person  employed  by the Illinois Commerce Commission who
24        is vested with such law enforcement duties as render  him
25        ineligible  for coverage under the Social Security Act by
26        reason  of  Sections  218(d)(5)(A),   218(d)(8)(D),   and
27        218(l)(1) of that Act.
28             (17)  "Arson  investigator"  means any person who is
29        employed as such by the Office of the State Fire  Marshal
30        and  is vested with such law enforcement duties as render
31        the person  ineligible  for  coverage  under  the  Social
32        Security   Act   by   reason  of  Sections  218(d)(5)(A),
33        218(d)(8)(D), and 218(l)(1) of that Act.   A  person  who
34        was  employed as an arson investigator on January 1, 1995
 
                            -9-      LRB093 10821 LRD 11266 b
 1        and is no longer in  service  but  not  yet  receiving  a
 2        retirement  annuity  may  convert  his  or her creditable
 3        service for employment  as  an  arson  investigator  into
 4        eligible  creditable  service by paying to the System the
 5        difference between the  employee  contributions  actually
 6        paid  for  that  service  and the amounts that would have
 7        been contributed if the applicant  were  contributing  at
 8        the  rate  applicable  to  persons  with  the same social
 9        security status earning eligible  creditable  service  on
10        the date of application.
11             (18)  The  term  "State  highway maintenance worker"
12        means a person who is either of the following:
13                  (i)  A person employed on a full-time basis  by
14             the  Illinois  Department  of  Transportation in the
15             position of highway maintainer, highway  maintenance
16             lead  worker,  highway maintenance lead/lead worker,
17             heavy construction equipment operator, power  shovel
18             operator,  or  bridge  mechanic; and whose principal
19             responsibility is to perform, on  the  roadway,  the
20             actual  maintenance  necessary  to keep the highways
21             that form a part of  the  State  highway  system  in
22             serviceable condition for vehicular traffic.
23                  (ii)  A person employed on a full-time basis by
24             the  Illinois  State  Toll  Highway Authority in the
25             position   of   equipment   operator/laborer    H-4,
26             equipment    operator/laborer    H-6,  welder   H-4,
27             welder      H-6,     mechanical/electrical      H-4,
28             mechanical/electrical    H-6,    water/sewer    H-4,
29             water/sewer   H-6,   sign   maker/hanger  H-4,  sign
30             maker/hanger  H-6,  roadway  lighting  H-4,  roadway
31             lighting  H-6,  structural  H-4,   structural   H-6,
32             painter  H-4,  or  painter  H-6; and whose principal
33             responsibility is to perform, on  the  roadway,  the
34             actual maintenance necessary to keep the Authority's
 
                            -10-     LRB093 10821 LRD 11266 b
 1             tollways  in  serviceable  condition  for  vehicular
 2             traffic.
 3        (d)  A   security   employee   of   the   Department   of
 4    Corrections,  and  a  security  employee of the Department of
 5    Human Services who is not a  mental  health  police  officer,
 6    shall  not be eligible for the alternative retirement annuity
 7    provided by this Section unless he or she meets the following
 8    minimum  age  and  service  requirements  at  the   time   of
 9    retirement:
10             (i)  25 years of eligible creditable service and age
11        55; or
12             (ii)  beginning   January   1,  1987,  25  years  of
13        eligible creditable service and age 54, or  24  years  of
14        eligible creditable service and age 55; or
15             (iii)  beginning   January  1,  1988,  25  years  of
16        eligible creditable service and age 53, or  23  years  of
17        eligible creditable service and age 55; or
18             (iv)  beginning   January   1,  1989,  25  years  of
19        eligible creditable service and age 52, or  22  years  of
20        eligible creditable service and age 55; or
21             (v)  beginning January 1, 1990, 25 years of eligible
22        creditable  service  and  age 51, or 21 years of eligible
23        creditable service and age 55; or
24             (vi)  beginning  January  1,  1991,  25   years   of
25        eligible  creditable  service  and age 50, or 20 years of
26        eligible creditable service and age 55.
27        Persons who have service credit under Article 16 of  this
28    Code  for service as a security employee of the Department of
29    Corrections or the Department of Human Services in a position
30    requiring certification as a teacher may count  such  service
31    toward  establishing  their  eligibility  under  the  service
32    requirements  of  this  Section; but such service may be used
33    only for establishing  such  eligibility,  and  not  for  the
34    purpose of increasing or calculating any benefit.
 
                            -11-     LRB093 10821 LRD 11266 b
 1        (e)  If a member enters military service while working in
 2    a  position  in  which  eligible  creditable  service  may be
 3    earned, and returns to State service in the same  or  another
 4    such  position,  and  fulfills  in  all  other  respects  the
 5    conditions prescribed in this Article for credit for military
 6    service,  such military service shall be credited as eligible
 7    creditable service for the purposes of the retirement annuity
 8    prescribed in this Section.
 9        (f)  For purposes  of  calculating  retirement  annuities
10    under   this  Section,  periods  of  service  rendered  after
11    December 31, 1968 and before October 1,  1975  as  a  covered
12    employee  in  the  position  of  special  agent, conservation
13    police officer, mental health police officer, or investigator
14    for the Secretary of State, shall  be  deemed  to  have  been
15    service  as a noncovered employee, provided that the employee
16    pays to the System prior to retirement an amount equal to (1)
17    the difference between the employee contributions that  would
18    have been required for such service as a noncovered employee,
19    and  the amount of employee contributions actually paid, plus
20    (2) if payment is made after July 31, 1987, regular  interest
21    on  the amount specified in item (1) from the date of service
22    to the date of payment.
23        For purposes of calculating  retirement  annuities  under
24    this  Section, periods of service rendered after December 31,
25    1968 and before January 1, 1982 as a covered employee in  the
26    position  of investigator for the Department of Revenue shall
27    be deemed to have been  service  as  a  noncovered  employee,
28    provided  that  the  employee  pays  to  the  System prior to
29    retirement an amount equal to (1) the difference between  the
30    employee contributions that would have been required for such
31    service  as a noncovered employee, and the amount of employee
32    contributions actually paid, plus  (2)  if  payment  is  made
33    after  January  1,  1990,  regular  interest  on  the  amount
34    specified in item (1) from the date of service to the date of
 
                            -12-     LRB093 10821 LRD 11266 b
 1    payment.
 2        (g)  A  State policeman may elect, not later than January
 3    1, 1990, to establish eligible creditable service for  up  to
 4    10  years  of  his service as a policeman under Article 3, by
 5    filing a written election  with  the  Board,  accompanied  by
 6    payment  of an amount to be determined by the Board, equal to
 7    (i)  the  difference  between  the  amount  of  employee  and
 8    employer  contributions  transferred  to  the  System   under
 9    Section  3-110.5,  and  the  amounts  that  would  have  been
10    contributed  had  such  contributions  been made at the rates
11    applicable to State policemen, plus (ii) interest thereon  at
12    the  effective  rate for each year, compounded annually, from
13    the date of service to the date of payment.
14        Subject to the limitation  in  subsection  (i),  a  State
15    policeman  may  elect,  not  later  than  July  1,  1993,  to
16    establish  eligible  creditable service for up to 10 years of
17    his service as a member of the County Police Department under
18    Article 9, by filing  a  written  election  with  the  Board,
19    accompanied  by  payment of an amount to be determined by the
20    Board, equal to (i) the  difference  between  the  amount  of
21    employee and employer contributions transferred to the System
22    under  Section  9-121.10 and the amounts that would have been
23    contributed had those 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        (h)  Subject to the limitation in subsection (i), a State
28    policeman  or  investigator  for  the  Secretary of State may
29    elect to establish eligible creditable service for up  to  12
30    years  of  his  service  as  a  policeman under Article 5, by
31    filing a written election with the Board on or before January
32    31, 1992, and paying to the System by  January  31,  1994  an
33    amount  to  be  determined  by  the  Board,  equal to (i) the
34    difference  between  the  amount  of  employee  and  employer
 
                            -13-     LRB093 10821 LRD 11266 b
 1    contributions transferred to the System under Section  5-236,
 2    and  the  amounts  that  would have been contributed had such
 3    contributions been made at  the  rates  applicable  to  State
 4    policemen,  plus  (ii) interest thereon at the effective rate
 5    for each year, compounded annually, from the date of  service
 6    to the date of payment.
 7        Subject  to  the  limitation  in  subsection (i), a State
 8    policeman, conservation police officer, or  investigator  for
 9    the  Secretary  of  State  may  elect  to  establish eligible
10    creditable service for  up  to  10  years  of  service  as  a
11    sheriff's law enforcement employee under Article 7, by filing
12    a  written  election  with the Board on or before January 31,
13    1993, and paying to the System by January 31, 1994 an  amount
14    to  be  determined  by the Board, equal to (i) the difference
15    between the amount of  employee  and  employer  contributions
16    transferred  to  the  System  under  Section 7-139.7, and the
17    amounts  that  would   have   been   contributed   had   such
18    contributions  been  made  at  the  rates applicable to State
19    policemen, plus (ii) interest thereon at the  effective  rate
20    for  each year, compounded annually, from the date of service
21    to the date of payment.
22        (i)  The total  amount  of  eligible  creditable  service
23    established  by  any  person under subsections (g), (h), (j),
24    (k), and (l), and (m) of this Section  shall  not  exceed  12
25    years.
26        (j)  Subject  to  the  limitation  in  subsection (i), an
27    investigator  for  the  Office  of  the   State's   Attorneys
28    Appellate  Prosecutor or a controlled substance inspector may
29    elect to establish eligible creditable service for up  to  10
30    years  of  his  service  as  a policeman under Article 3 or a
31    sheriff's law enforcement employee under Article 7, by filing
32    a written election with the Board, accompanied by payment  of
33    an  amount  to  be  determined by the Board, equal to (1) the
34    difference  between  the  amount  of  employee  and  employer
 
                            -14-     LRB093 10821 LRD 11266 b
 1    contributions transferred to the System under Section 3-110.6
 2    or 7-139.8, and the amounts that would have been  contributed
 3    had  such  contributions been made at the rates applicable to
 4    State policemen, plus (2) interest thereon at  the  effective
 5    rate  for  each  year,  compounded annually, from the date of
 6    service to the date of payment.
 7        (k)  Subject to the limitation in subsection (i) of  this
 8    Section,   an  alternative  formula  employee  may  elect  to
 9    establish eligible creditable service for periods spent as  a
10    full-time  law  enforcement  officer or full-time corrections
11    officer employed by the federal government or by a  state  or
12    local  government  located  outside  of  Illinois,  for which
13    credit is not held in any other public employee pension  fund
14    or  retirement  system.  To obtain this credit, the applicant
15    must file a written application with the Board by  March  31,
16    1998,  accompanied  by  evidence of eligibility acceptable to
17    the Board and payment of an amount to be  determined  by  the
18    Board,  equal  to  (1)  employee contributions for the credit
19    being established, based upon the applicant's salary  on  the
20    first  day  as  an  alternative  formula  employee  after the
21    employment for which credit  is  being  established  and  the
22    rates  then applicable to alternative formula employees, plus
23    (2) an amount determined by the Board to  be  the  employer's
24    normal  cost  of  the  benefits  accrued for the credit being
25    established, plus (3) regular  interest  on  the  amounts  in
26    items  (1)  and  (2)  from  the  first  day as an alternative
27    formula employee after the employment  for  which  credit  is
28    being established to the date of payment.
29        (l)  Subject  to  the  limitation  in  subsection  (i), a
30    security employee of the Department of Corrections may elect,
31    not later than July 1, 1998, to establish eligible creditable
32    service for up to 10  years  of  his  or  her  service  as  a
33    policeman  under Article 3, by filing a written election with
34    the  Board,  accompanied  by  payment  of  an  amount  to  be
 
                            -15-     LRB093 10821 LRD 11266 b
 1    determined by the Board, equal to (i) the difference  between
 2    the amount of employee and employer contributions transferred
 3    to  the  System  under  Section 3-110.5, and the amounts that
 4    would have been contributed had such contributions been  made
 5    at   the  rates  applicable  to  security  employees  of  the
 6    Department of Corrections, plus (ii) interest thereon at  the
 7    effective  rate  for each year, compounded annually, from the
 8    date of service to the date of payment.
 9        (m)  Subject to the  limitation  in  subsection  (i),  an
10    investigator  for  the  Department  of Revenue may elect, not
11    later than January 1, 2004, to establish eligible  creditable
12    service for his or her service as a sheriff's law enforcement
13    employee  under  Article  7  and  for his or her service as a
14    state's attorney or assistant state's attorney under  Article
15    7,  by  filing a written election with the Board, accompanied
16    by payment of an amount to be determined by the Board,  equal
17    to  (i)  the  difference  between  the amount of employee and
18    employer  contributions  transferred  to  the  System   under
19    Section  7-139.10,  and  the  amounts  that  would  have been
20    contributed had such contributions been  made  at  the  rates
21    applicable  to  investigators  for the Department of Revenue,
22    plus (ii) interest thereon at the  effective  rate  for  each
23    year,  compounded  annually,  from the date of service to the
24    date of payment.  The  total  amount  of  creditable  service
25    established  under  this  subsection  (m)  may  not exceed 11
26    years.
27    (Source: P.A. 91-357,  eff.  7-29-99;  91-760,  eff.  1-1-01;
28    92-14,  eff.  6-28-01;  92-257,  eff.  8-6-01;  92-651,  eff.
29    7-11-02.)

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