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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
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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
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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 transferredas 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.)
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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
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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
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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;
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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.
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