[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB1462
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
Amends the State Employee Article of the Pension Code to
provide the alternative (State Police) formula for security
employees employed by the Department of Human Services at
forensics facilities operated by the Department. Effective
immediately.
LRB9004327EGfg
LRB9004327EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 14-110.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 14-110 as follows:
7 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 14-110. Alternative retirement annuity.
10 (a) Any member who has withdrawn from service with not
11 less than 20 years of eligible creditable service and has
12 attained age 55, and any member who has withdrawn from
13 service with not less than 25 years of eligible creditable
14 service and has attained age 50, regardless of whether the
15 attainment of either of the specified ages occurs while the
16 member is still in service, shall be entitled to receive at
17 the option of the member, in lieu of the regular or minimum
18 retirement annuity, a retirement annuity computed as
19 follows:
20 (i) for periods of service as a noncovered
21 employee, 2 1/4% of final average compensation for each
22 of the first 10 years of creditable service, 2 1/2% for
23 each year above 10 years to and including 20 years of
24 creditable service, and 2 3/4% for each year of
25 creditable service above 20 years; and
26 (ii) for periods of eligible creditable service as
27 a covered employee, 1.67% of final average compensation
28 for each of the first 10 years of such service, 1.90% for
29 each of the next 10 years of such service, 2.10% for each
30 year of such service in excess of 20 but not exceeding
31 30, and 2.30% for each year in excess of 30.
-2- LRB9004327EGfg
1 Such annuity shall be subject to a maximum of 75% of
2 final average compensation. These rates shall not be
3 applicable to any service performed by a member as a covered
4 employee which is not eligible creditable service. Service
5 as a covered employee which is not eligible creditable
6 service shall be subject to the rates and provisions of
7 Section 14-108.
8 (b) For the purpose of this Section, "eligible
9 creditable service" means creditable service resulting from
10 service in one or more of the following positions:
11 (1) State policeman;
12 (2) fire fighter in the fire protection service of
13 a department;
14 (3) air pilot;
15 (4) special agent;
16 (5) investigator for the Secretary of State;
17 (6) conservation police officer;
18 (7) investigator for the Department of Revenue;
19 (8) security employee of the Department of Mental
20 Health and Developmental Disabilities;
21 (9) Central Management Services security police
22 officer;
23 (10) security employee of the Department of
24 Corrections;
25 (11) dangerous drugs investigator;
26 (12) investigator for the Department of State
27 Police;
28 (13) investigator for the Office of the Attorney
29 General;
30 (14) controlled substance inspector;
31 (15) investigator for the Office of the State's
32 Attorneys Appellate Prosecutor;
33 (16) Commerce Commission police officer.
34 A person employed in one of the positions specified in
-3- LRB9004327EGfg
1 this subsection is entitled to eligible creditable service
2 for service credit earned under this Article while undergoing
3 the basic police training course approved by the Illinois
4 Local Governmental Law Enforcement Officers Training Board,
5 if completion of that training is required of persons serving
6 in that position. For the purposes of this Code, service
7 during the required basic police training course shall be
8 deemed performance of the duties of the specified position,
9 even though the person is not a sworn peace officer at the
10 time of the training.
11 (c) For the purposes of this Section:
12 (1) The term "state policeman" includes any title
13 or position in the Department of State Police that is
14 held by an individual employed under the State Police
15 Act.
16 (2) The term "fire fighter in the fire protection
17 service of a department" includes all officers in such
18 fire protection service including fire chiefs and
19 assistant fire chiefs.
20 (3) The term "air pilot" includes any employee
21 whose official job description on file in the Department
22 of Central Management Services, or in the department by
23 which he is employed if that department is not covered by
24 the Personnel Code, states that his principal duty is the
25 operation of aircraft, and who possesses a pilot's
26 license; however, the change in this definition made by
27 this amendatory Act of 1983 shall not operate to exclude
28 any noncovered employee who was an "air pilot" for the
29 purposes of this Section on January 1, 1984.
30 (4) The term "special agent" means any person who
31 by reason of employment by the Division of Narcotic
32 Control, the Bureau of Investigation or, after July 1,
33 1977, the Division of Criminal Investigation, the
34 Division of Internal Investigation or any other Division
-4- LRB9004327EGfg
1 or organizational entity in the Department of State
2 Police is vested by law with duties to maintain public
3 order, investigate violations of the criminal law of this
4 State, enforce the laws of this State, make arrests and
5 recover property. The term "special agent" includes any
6 title or position in the Department of State Police that
7 is held by an individual employed under the State Police
8 Act.
9 (5) The term "investigator for the Secretary of
10 State" means any person employed by the Office of the
11 Secretary of State and vested with such investigative
12 duties as render him ineligible for coverage under the
13 Social Security Act by reason of Sections 218(d)(5)(A),
14 218(d)(8)(D) and 218(l)(1) of that Act.
15 A person who became employed as an investigator for
16 the Secretary of State between January 1, 1967 and
17 December 31, 1975, and who has served as such until
18 attainment of age 60, either continuously or with a
19 single break in service of not more than 3 years
20 duration, which break terminated before January 1, 1976,
21 shall be entitled to have his retirement annuity
22 calculated in accordance with subsection (a),
23 notwithstanding that he has less than 20 years of credit
24 for such service.
25 (6) The term "Conservation Police Officer" means
26 any person employed by the Division of Law Enforcement of
27 the Department of Natural Resources and vested with such
28 law enforcement duties as render him ineligible for
29 coverage under the Social Security Act by reason of
30 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
31 that Act. The term "Conservation Police Officer"
32 includes the positions of Chief Conservation Police
33 Administrator and Assistant Conservation Police
34 Administrator.
-5- LRB9004327EGfg
1 (7) The term "investigator for the Department of
2 Revenue" means any person employed by the Department of
3 Revenue and vested with such investigative duties as
4 render him ineligible for coverage under the Social
5 Security Act by reason of Sections 218(d)(5)(A),
6 218(d)(8)(D) and 218(l)(1) of that Act.
7 (8) The term "security employee of the Department
8 of Mental Health and Developmental Disabilities" means
9 any person employed by the Department of Mental Health
10 and Developmental Disabilities who (i) is employed at the
11 Chester Mental Health Center and has daily contact with
12 the residents thereof, (ii) is employed at a forensics
13 facility operated by the Department of Mental Health and
14 Developmental Disabilities and has daily contact with
15 persons in the custody of the Department, or (iii) who is
16 a mental health police officer. "Mental health police
17 officer" means any person employed by the Department of
18 Mental Health and Developmental Disabilities who is
19 vested with such law enforcement duties as render him
20 ineligible for coverage under the Social Security Act by
21 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
22 218(l)(1) of that Act.
23 (9) "Central Management Services security police
24 officer" means any person employed by the Department of
25 Central Management Services who is vested with such law
26 enforcement duties as render him ineligible for coverage
27 under the Social Security Act by reason of Sections
28 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
29 (10) The term "security employee of the Department
30 of Corrections" means any employee of the Department of
31 Corrections or the former Department of Personnel, and
32 any member or employee of the Prisoner Review Board, who
33 has daily contact with inmates by working within a
34 correctional facility or who is a parole officer or an
-6- LRB9004327EGfg
1 employee who has direct contact with committed persons in
2 the performance of his or her job duties.
3 (11) The term "dangerous drugs investigator" means
4 any person who is employed as such by the Department of
5 Alcoholism and Substance Abuse.
6 (12) The term "investigator for the Department of
7 State Police" means a person employed by the Department
8 of State Police who is vested under Section 4 of the
9 Narcotic Control Division Abolition Act with such law
10 enforcement powers as render him ineligible for coverage
11 under the Social Security Act by reason of Sections
12 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
13 (13) "Investigator for the Office of the Attorney
14 General" means any person who is employed as such by the
15 Office of the Attorney General and is vested with such
16 investigative duties as render him ineligible for
17 coverage under the Social Security Act by reason of
18 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
19 Act. For the period before January 1, 1989, the term
20 includes all persons who were employed as investigators
21 by the Office of the Attorney General, without regard to
22 social security status.
23 (14) "Controlled substance inspector" means any
24 person who is employed as such by the Department of
25 Professional Regulation and is vested with such law
26 enforcement duties as render him ineligible for coverage
27 under the Social Security Act by reason of Sections
28 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
29 The term "controlled substance inspector" includes the
30 Program Executive of Enforcement and the Assistant
31 Program Executive of Enforcement.
32 (15) The term "investigator for the Office of the
33 State's Attorneys Appellate Prosecutor" means a person
34 employed in that capacity on a full time basis under the
-7- LRB9004327EGfg
1 authority of Section 7.06 of the State's Attorneys
2 Appellate Prosecutor's Act.
3 (16) "Commerce Commission police officer" means any
4 person employed by the Illinois Commerce Commission who
5 is vested with such law enforcement duties as render him
6 ineligible for coverage under the Social Security Act by
7 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
8 218(l)(1) of that Act.
9 (d) A security employee of the Department of
10 Corrections, and a security employee of the Department of
11 Mental Health and Developmental Disabilities who is not a
12 mental health police officer, shall not be eligible for the
13 alternative retirement annuity provided by this Section
14 unless he or she meets the following minimum age and service
15 requirements at the time of retirement:
16 (i) 25 years of eligible creditable service and age
17 55; or
18 (ii) beginning January 1, 1987, 25 years of
19 eligible creditable service and age 54, or 24 years of
20 eligible creditable service and age 55; or
21 (iii) beginning January 1, 1988, 25 years of
22 eligible creditable service and age 53, or 23 years of
23 eligible creditable service and age 55; or
24 (iv) beginning January 1, 1989, 25 years of
25 eligible creditable service and age 52, or 22 years of
26 eligible creditable service and age 55; or
27 (v) beginning January 1, 1990, 25 years of eligible
28 creditable service and age 51, or 21 years of eligible
29 creditable service and age 55; or
30 (vi) beginning January 1, 1991, 25 years of
31 eligible creditable service and age 50, or 20 years of
32 eligible creditable service and age 55.
33 Persons who have service credit under Article 16 of this
34 Code for service as a security employee of the Department of
-8- LRB9004327EGfg
1 Corrections in a position requiring certification as a
2 teacher may count such service toward establishing their
3 eligibility under the service requirements of this Section;
4 but such service may be used only for establishing such
5 eligibility, and not for the purpose of increasing or
6 calculating any benefit.
7 (e) If a member enters military service while working in
8 a position in which eligible creditable service may be
9 earned, and returns to State service in the same or another
10 such position, and fulfills in all other respects the
11 conditions prescribed in this Article for credit for military
12 service, such military service shall be credited as eligible
13 creditable service for the purposes of the retirement annuity
14 prescribed in this Section.
15 (f) For purposes of calculating retirement annuities
16 under this Section, periods of service rendered after
17 December 31, 1968 and before October 1, 1975 as a covered
18 employee in the position of special agent, conservation
19 police officer, mental health police officer, or investigator
20 for the Secretary of State, shall be deemed to have been
21 service as a noncovered employee, provided that the employee
22 pays to the System prior to retirement an amount equal to (1)
23 the difference between the employee contributions that would
24 have been required for such service as a noncovered employee,
25 and the amount of employee contributions actually paid, plus
26 (2) if payment is made after July 31, 1987, regular interest
27 on the amount specified in item (1) from the date of service
28 to the date of payment.
29 For purposes of calculating retirement annuities under
30 this Section, periods of service rendered after December 31,
31 1968 and before January 1, 1982 as a covered employee in the
32 position of investigator for the Department of Revenue shall
33 be deemed to have been service as a noncovered employee,
34 provided that the employee pays to the System prior to
-9- LRB9004327EGfg
1 retirement an amount equal to (1) the difference between the
2 employee contributions that would have been required for such
3 service as a noncovered employee, and the amount of employee
4 contributions actually paid, plus (2) if payment is made
5 after January 1, 1990, regular interest on the amount
6 specified in item (1) from the date of service to the date of
7 payment.
8 (g) A State policeman may elect, not later than January
9 1, 1990, to establish eligible creditable service for up to
10 10 years of his service as a policeman under Article 3, by
11 filing a written election with the Board, accompanied by
12 payment of an amount to be determined by the Board, equal to
13 (i) the difference between the amount of employee and
14 employer contributions transferred to the System under
15 Section 3-110.5, and the amounts that would have been
16 contributed had such contributions been made at the rates
17 applicable to State policemen, plus (ii) interest thereon at
18 the effective rate for each year, compounded annually, from
19 the date of service to the date of payment.
20 Subject to the limitation in subsection (i), a State
21 policeman may elect, not later than July 1, 1993, to
22 establish eligible creditable service for up to 10 years of
23 his service as a member of the County Police Department under
24 Article 9, by filing a written election with the Board,
25 accompanied by payment of an amount to be determined by the
26 Board, equal to (i) the difference between the amount of
27 employee and employer contributions transferred to the System
28 under Section 9-121.10 and the amounts that would have been
29 contributed had those contributions been made at the rates
30 applicable to State policemen, plus (ii) interest thereon at
31 the effective rate for each year, compounded annually, from
32 the date of service to the date of payment.
33 (h) Subject to the limitation in subsection (i), a State
34 policeman or investigator for the Secretary of State may
-10- LRB9004327EGfg
1 elect to establish eligible creditable service for up to 12
2 years of his service as a policeman under Article 5, by
3 filing a written election with the Board on or before January
4 31, 1992, and paying to the System by January 31, 1994 an
5 amount to be determined by the Board, equal to (i) the
6 difference between the amount of employee and employer
7 contributions transferred to the System under Section 5-236,
8 and the amounts that would have been contributed had such
9 contributions been made at the rates applicable to State
10 policemen, plus (ii) interest thereon at the effective rate
11 for each year, compounded annually, from the date of service
12 to the date of payment.
13 Subject to the limitation in subsection (i), a State
14 policeman, conservation police officer, or investigator for
15 the Secretary of State may elect to establish eligible
16 creditable service for up to 10 years of service as a
17 sheriff's law enforcement employee under Article 7, by filing
18 a written election with the Board on or before January 31,
19 1993, and paying to the System by January 31, 1994 an amount
20 to be determined by the Board, equal to (i) the difference
21 between the amount of employee and employer contributions
22 transferred to the System under Section 7-139.7, and the
23 amounts that would have been contributed had such
24 contributions been made at the rates applicable to State
25 policemen, plus (ii) interest thereon at the effective rate
26 for each year, compounded annually, from the date of service
27 to the date of payment.
28 (i) The total amount of eligible creditable service
29 established by any person under subsections (g), (h) and (j)
30 of this Section shall not exceed 12 years.
31 (j) Subject to the limitation in subsection (i), an
32 investigator for the Office of the State's Attorneys
33 Appellate Prosecutor may elect to establish eligible
34 creditable service for up to 10 years of his service as a
-11- LRB9004327EGfg
1 policeman under Article 3 or a sheriff's law enforcement
2 employee under Article 7, by filing a written election with
3 the Board, accompanied by payment of an amount to be
4 determined by the Board, equal to (1) the difference between
5 the amount of employee and employer contributions transferred
6 to the System under Section 3-110.6 or 7-139.8, and the
7 amounts that would have been contributed had such
8 contributions been made at the rates applicable to State
9 policemen, plus (2) interest thereon at the effective rate
10 for each year, compounded annually, from the date of service
11 to the date of payment.
12 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96.)
13 (Text of Section after amendment by P.A. 89-507)
14 Sec. 14-110. Alternative retirement annuity.
15 (a) Any member who has withdrawn from service with not
16 less than 20 years of eligible creditable service and has
17 attained age 55, and any member who has withdrawn from
18 service with not less than 25 years of eligible creditable
19 service and has attained age 50, regardless of whether the
20 attainment of either of the specified ages occurs while the
21 member is still in service, shall be entitled to receive at
22 the option of the member, in lieu of the regular or minimum
23 retirement annuity, a retirement annuity computed as
24 follows:
25 (i) for periods of service as a noncovered
26 employee, 2 1/4% of final average compensation for each
27 of the first 10 years of creditable service, 2 1/2% for
28 each year above 10 years to and including 20 years of
29 creditable service, and 2 3/4% for each year of
30 creditable service above 20 years; and
31 (ii) for periods of eligible creditable service as
32 a covered employee, 1.67% of final average compensation
33 for each of the first 10 years of such service, 1.90% for
34 each of the next 10 years of such service, 2.10% for each
-12- LRB9004327EGfg
1 year of such service in excess of 20 but not exceeding
2 30, and 2.30% for each year in excess of 30.
3 Such annuity shall be subject to a maximum of 75% of
4 final average compensation. These rates shall not be
5 applicable to any service performed by a member as a covered
6 employee which is not eligible creditable service. Service
7 as a covered employee which is not eligible creditable
8 service shall be subject to the rates and provisions of
9 Section 14-108.
10 (b) For the purpose of this Section, "eligible
11 creditable service" means creditable service resulting from
12 service in one or more of the following positions:
13 (1) State policeman;
14 (2) fire fighter in the fire protection service of
15 a department;
16 (3) air pilot;
17 (4) special agent;
18 (5) investigator for the Secretary of State;
19 (6) conservation police officer;
20 (7) investigator for the Department of Revenue;
21 (8) security employee of the Department of Human
22 Services;
23 (9) Central Management Services security police
24 officer;
25 (10) security employee of the Department of
26 Corrections;
27 (11) dangerous drugs investigator;
28 (12) investigator for the Department of State
29 Police;
30 (13) investigator for the Office of the Attorney
31 General;
32 (14) controlled substance inspector;
33 (15) investigator for the Office of the State's
34 Attorneys Appellate Prosecutor;
-13- LRB9004327EGfg
1 (16) Commerce Commission police officer.
2 A person employed in one of the positions specified in
3 this subsection is entitled to eligible creditable service
4 for service credit earned under this Article while undergoing
5 the basic police training course approved by the Illinois
6 Local Governmental Law Enforcement Officers Training Board,
7 if completion of that training is required of persons serving
8 in that position. For the purposes of this Code, service
9 during the required basic police training course shall be
10 deemed performance of the duties of the specified position,
11 even though the person is not a sworn peace officer at the
12 time of the training.
13 (c) For the purposes of this Section:
14 (1) The term "state policeman" includes any title
15 or position in the Department of State Police that is
16 held by an individual employed under the State Police
17 Act.
18 (2) The term "fire fighter in the fire protection
19 service of a department" includes all officers in such
20 fire protection service including fire chiefs and
21 assistant fire chiefs.
22 (3) The term "air pilot" includes any employee
23 whose official job description on file in the Department
24 of Central Management Services, or in the department by
25 which he is employed if that department is not covered by
26 the Personnel Code, states that his principal duty is the
27 operation of aircraft, and who possesses a pilot's
28 license; however, the change in this definition made by
29 this amendatory Act of 1983 shall not operate to exclude
30 any noncovered employee who was an "air pilot" for the
31 purposes of this Section on January 1, 1984.
32 (4) The term "special agent" means any person who
33 by reason of employment by the Division of Narcotic
34 Control, the Bureau of Investigation or, after July 1,
-14- LRB9004327EGfg
1 1977, the Division of Criminal Investigation, the
2 Division of Internal Investigation or any other Division
3 or organizational entity in the Department of State
4 Police is vested by law with duties to maintain public
5 order, investigate violations of the criminal law of this
6 State, enforce the laws of this State, make arrests and
7 recover property. The term "special agent" includes any
8 title or position in the Department of State Police that
9 is held by an individual employed under the State Police
10 Act.
11 (5) The term "investigator for the Secretary of
12 State" means any person employed by the Office of the
13 Secretary of State and vested with such investigative
14 duties as render him ineligible for coverage under the
15 Social Security Act by reason of Sections 218(d)(5)(A),
16 218(d)(8)(D) and 218(l)(1) of that Act.
17 A person who became employed as an investigator for
18 the Secretary of State between January 1, 1967 and
19 December 31, 1975, and who has served as such until
20 attainment of age 60, either continuously or with a
21 single break in service of not more than 3 years
22 duration, which break terminated before January 1, 1976,
23 shall be entitled to have his retirement annuity
24 calculated in accordance with subsection (a),
25 notwithstanding that he has less than 20 years of credit
26 for such service.
27 (6) The term "Conservation Police Officer" means
28 any person employed by the Division of Law Enforcement of
29 the Department of Natural Resources and vested with such
30 law enforcement duties as render him ineligible for
31 coverage under the Social Security Act by reason of
32 Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
33 that Act. The term "Conservation Police Officer"
34 includes the positions of Chief Conservation Police
-15- LRB9004327EGfg
1 Administrator and Assistant Conservation Police
2 Administrator.
3 (7) The term "investigator for the Department of
4 Revenue" means any person employed by the Department of
5 Revenue and vested with such investigative duties as
6 render him ineligible for coverage under the Social
7 Security Act by reason of Sections 218(d)(5)(A),
8 218(d)(8)(D) and 218(l)(1) of that Act.
9 (8) The term "security employee of the Department
10 of Human Services" means any person employed by the
11 Department of Human Services who (i) is employed at the
12 Chester Mental Health Center and has daily contact with
13 the residents thereof, (ii) is employed at a forensics
14 facility operated by the Department of Human Services and
15 has daily contact with persons in the custody of the
16 Department, or (iii) who is a mental health police
17 officer. "Mental health police officer" means any person
18 employed by the Department of Human Services in a
19 position pertaining to the Department's mental health and
20 developmental disabilities functions who is vested with
21 such law enforcement duties as render the person
22 ineligible for coverage under the Social Security Act by
23 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
24 218(l)(1) of that Act.
25 (9) "Central Management Services security police
26 officer" means any person employed by the Department of
27 Central Management Services who is vested with such law
28 enforcement duties as render him ineligible for coverage
29 under the Social Security Act by reason of Sections
30 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
31 (10) The term "security employee of the Department
32 of Corrections" means any employee of the Department of
33 Corrections or the former Department of Personnel, and
34 any member or employee of the Prisoner Review Board, who
-16- LRB9004327EGfg
1 has daily contact with inmates by working within a
2 correctional facility or who is a parole officer or an
3 employee who has direct contact with committed persons in
4 the performance of his or her job duties.
5 (11) The term "dangerous drugs investigator" means
6 any person who is employed as such by the Department of
7 Human Services.
8 (12) The term "investigator for the Department of
9 State Police" means a person employed by the Department
10 of State Police who is vested under Section 4 of the
11 Narcotic Control Division Abolition Act with such law
12 enforcement powers as render him ineligible for coverage
13 under the Social Security Act by reason of Sections
14 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
15 (13) "Investigator for the Office of the Attorney
16 General" means any person who is employed as such by the
17 Office of the Attorney General and is vested with such
18 investigative duties as render him ineligible for
19 coverage under the Social Security Act by reason of
20 Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
21 Act. For the period before January 1, 1989, the term
22 includes all persons who were employed as investigators
23 by the Office of the Attorney General, without regard to
24 social security status.
25 (14) "Controlled substance inspector" means any
26 person who is employed as such by the Department of
27 Professional Regulation and is vested with such law
28 enforcement duties as render him ineligible for coverage
29 under the Social Security Act by reason of Sections
30 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
31 The term "controlled substance inspector" includes the
32 Program Executive of Enforcement and the Assistant
33 Program Executive of Enforcement.
34 (15) The term "investigator for the Office of the
-17- LRB9004327EGfg
1 State's Attorneys Appellate Prosecutor" means a person
2 employed in that capacity on a full time basis under the
3 authority of Section 7.06 of the State's Attorneys
4 Appellate Prosecutor's Act.
5 (16) "Commerce Commission police officer" means any
6 person employed by the Illinois Commerce Commission who
7 is vested with such law enforcement duties as render him
8 ineligible for coverage under the Social Security Act by
9 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
10 218(l)(1) of that Act.
11 (d) A security employee of the Department of
12 Corrections, and a security employee of the Department of
13 Human Services who is not a mental health police officer,
14 shall not be eligible for the alternative retirement annuity
15 provided by this Section unless he or she meets the following
16 minimum age and service requirements at the time of
17 retirement:
18 (i) 25 years of eligible creditable service and age
19 55; or
20 (ii) beginning January 1, 1987, 25 years of
21 eligible creditable service and age 54, or 24 years of
22 eligible creditable service and age 55; or
23 (iii) beginning January 1, 1988, 25 years of
24 eligible creditable service and age 53, or 23 years of
25 eligible creditable service and age 55; or
26 (iv) beginning January 1, 1989, 25 years of
27 eligible creditable service and age 52, or 22 years of
28 eligible creditable service and age 55; or
29 (v) beginning January 1, 1990, 25 years of eligible
30 creditable service and age 51, or 21 years of eligible
31 creditable service and age 55; or
32 (vi) beginning January 1, 1991, 25 years of
33 eligible creditable service and age 50, or 20 years of
34 eligible creditable service and age 55.
-18- LRB9004327EGfg
1 Persons who have service credit under Article 16 of this
2 Code for service as a security employee of the Department of
3 Corrections in a position requiring certification as a
4 teacher may count such service toward establishing their
5 eligibility under the service requirements of this Section;
6 but such service may be used only for establishing such
7 eligibility, and not for the purpose of increasing or
8 calculating any benefit.
9 (e) If a member enters military service while working in
10 a position in which eligible creditable service may be
11 earned, and returns to State service in the same or another
12 such position, and fulfills in all other respects the
13 conditions prescribed in this Article for credit for military
14 service, such military service shall be credited as eligible
15 creditable service for the purposes of the retirement annuity
16 prescribed in this Section.
17 (f) For purposes of calculating retirement annuities
18 under this Section, periods of service rendered after
19 December 31, 1968 and before October 1, 1975 as a covered
20 employee in the position of special agent, conservation
21 police officer, mental health police officer, or investigator
22 for the Secretary of State, shall be deemed to have been
23 service as a noncovered employee, provided that the employee
24 pays to the System prior to retirement an amount equal to (1)
25 the difference between the employee contributions that would
26 have been required for such service as a noncovered employee,
27 and the amount of employee contributions actually paid, plus
28 (2) if payment is made after July 31, 1987, regular interest
29 on the amount specified in item (1) from the date of service
30 to the date of payment.
31 For purposes of calculating retirement annuities under
32 this Section, periods of service rendered after December 31,
33 1968 and before January 1, 1982 as a covered employee in the
34 position of investigator for the Department of Revenue shall
-19- LRB9004327EGfg
1 be deemed to have been service as a noncovered employee,
2 provided that the employee pays to the System prior to
3 retirement an amount equal to (1) the difference between the
4 employee contributions that would have been required for such
5 service as a noncovered employee, and the amount of employee
6 contributions actually paid, plus (2) if payment is made
7 after January 1, 1990, regular interest on the amount
8 specified in item (1) from the date of service to the date of
9 payment.
10 (g) A State policeman may elect, not later than January
11 1, 1990, to establish eligible creditable service for up to
12 10 years of his service as a policeman under Article 3, by
13 filing a written election with the Board, accompanied by
14 payment of an amount to be determined by the Board, equal to
15 (i) the difference between the amount of employee and
16 employer contributions transferred to the System under
17 Section 3-110.5, and the amounts that would have been
18 contributed had such contributions been made at the rates
19 applicable to State policemen, plus (ii) interest thereon at
20 the effective rate for each year, compounded annually, from
21 the date of service to the date of payment.
22 Subject to the limitation in subsection (i), a State
23 policeman may elect, not later than July 1, 1993, to
24 establish eligible creditable service for up to 10 years of
25 his service as a member of the County Police Department under
26 Article 9, by filing a written election with the Board,
27 accompanied by payment of an amount to be determined by the
28 Board, equal to (i) the difference between the amount of
29 employee and employer contributions transferred to the System
30 under Section 9-121.10 and the amounts that would have been
31 contributed had those contributions been made at the rates
32 applicable to State policemen, plus (ii) interest thereon at
33 the effective rate for each year, compounded annually, from
34 the date of service to the date of payment.
-20- LRB9004327EGfg
1 (h) Subject to the limitation in subsection (i), a State
2 policeman or investigator for the Secretary of State may
3 elect to establish eligible creditable service for up to 12
4 years of his service as a policeman under Article 5, by
5 filing a written election with the Board on or before January
6 31, 1992, and paying to the System by January 31, 1994 an
7 amount to be determined by the Board, equal to (i) the
8 difference between the amount of employee and employer
9 contributions transferred to the System under Section 5-236,
10 and the amounts that would have been contributed had such
11 contributions been made at the rates applicable to State
12 policemen, plus (ii) interest thereon at the effective rate
13 for each year, compounded annually, from the date of service
14 to the date of payment.
15 Subject to the limitation in subsection (i), a State
16 policeman, conservation police officer, or investigator for
17 the Secretary of State may elect to establish eligible
18 creditable service for up to 10 years of service as a
19 sheriff's law enforcement employee under Article 7, by filing
20 a written election with the Board on or before January 31,
21 1993, and paying to the System by January 31, 1994 an amount
22 to be determined by the Board, equal to (i) the difference
23 between the amount of employee and employer contributions
24 transferred to the System under Section 7-139.7, and the
25 amounts that would have been contributed had such
26 contributions been made at the rates applicable to State
27 policemen, plus (ii) interest thereon at the effective rate
28 for each year, compounded annually, from the date of service
29 to the date of payment.
30 (i) The total amount of eligible creditable service
31 established by any person under subsections (g), (h) and (j)
32 of this Section shall not exceed 12 years.
33 (j) Subject to the limitation in subsection (i), an
34 investigator for the Office of the State's Attorneys
-21- LRB9004327EGfg
1 Appellate Prosecutor may elect to establish eligible
2 creditable service for up to 10 years of his service as a
3 policeman under Article 3 or a sheriff's law enforcement
4 employee under Article 7, by filing a written election with
5 the Board, accompanied by payment of an amount to be
6 determined by the Board, equal to (1) the difference between
7 the amount of employee and employer contributions transferred
8 to the System under Section 3-110.6 or 7-139.8, and the
9 amounts that would have been contributed had such
10 contributions been made at the rates applicable to State
11 policemen, plus (2) interest thereon at the effective rate
12 for each year, compounded annually, from the date of service
13 to the date of payment.
14 (Source: P.A. 89-136, eff. 7-14-95; 89-445, eff. 2-7-96;
15 89-507, eff. 7-1-97.)
16 Section 95. No acceleration or delay. Where this Act
17 makes changes in a statute that is represented in this Act by
18 text that is not yet or no longer in effect (for example, a
19 Section represented by multiple versions), the use of that
20 text does not accelerate or delay the taking effect of (i)
21 the changes made by this Act or (ii) provisions derived from
22 any other Public Act.
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.