State of Illinois
91st General Assembly
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91_HB0337

 
                                               LRB9101309EGfg

 1        AN ACT to amend the Illinois Pension Code.

 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 and adding Section 15-134.6 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 employed in a position  for  which  he  or  she
11    earns  eligible  creditable  service  as  defined  in Section
12    14-110 of this Code an investigator for  the  Office  of  the
13    State's   Attorneys  Appellate  Prosecutor  or  a  controlled
14    substance inspector may  apply  for  transfer  of  all  or  a
15    portion  of  his or her creditable service accumulated in any
16    police  pension  fund  under  this  Article  to   the   State
17    Employees'  Retirement  System  in  accordance  with  Section
18    14-110.   The  creditable  service  shall be transferred only
19    upon  payment  by  the  police  pension  fund  to  the  State
20    Employees' Retirement System of an amount equal to:
21             (1)  the amounts accumulated to the  credit  of  the
22        applicant  on the books of the fund for the service to be
23        transferred on the date of transfer; and
24             (2)  employer contributions in an  amount  equal  to
25        the amount determined under item subparagraph (1); and
26             (3)  any  interest paid by the applicant in order to
27        reinstate that service.
28    Participation in the police pension fund with resect  to  the
29    service transferred shall terminate on the date of transfer.
30        (b)  Any person transferring service under subsection (a)
31      such  investigator or inspector may reinstate service which
 
                            -2-                LRB9101309EGfg
 1    was terminated by receipt of  a  refund,  by  paying  to  the
 2    police  pension  fund  the amount of the refund with interest
 3    thereon at the rate of 6% per year, compounded annually, from
 4    the date of refund to the date of payment.
 5    (Source: P.A. 90-32, eff. 6-27-97.)

 6        (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
 7        Sec. 5-236.  Transfer to Article 14.
 8        (a)  Until January 31, 1994, Any  active  member  of  the
 9    State  Employees'  Retirement  System  who  is  employed in a
10    position for  which  he  or  she  earns  eligible  creditable
11    service  as  defined  in  Section 14-110 of this Code a State
12    policeman or investigator for  the  Secretary  of  State  may
13    apply  for  transfer  of  all  or  a  portion  of  his or her
14    creditable service accumulated  under  this  Article  to  the
15    State Employees' Retirement System in accordance with Section
16    14-110.    At  the time of the transfer the Fund shall pay to
17    the State Employees' Retirement System an amount equal to:
18             (1)  the amounts accumulated to the  credit  of  the
19        applicant  on the books of the Fund for the service to be
20        transferred on the date of transfer; and
21             (2)  the   corresponding    municipality    credits,
22        including  interest, on the books of the Fund on the date
23        of transfer; and
24             (3)  any interest paid by the applicant in order  to
25        reinstate that service.
26    Participation  in  this  Fund  with  respect  to  the service
27    transferred shall terminate on the date of transfer.
28        (b)  Until January  31,  1994,  Any  person  transferring
29    service   under   subsection  (a)  such  State  policeman  or
30    investigator for the Secretary of State may reinstate service
31    that was terminated by receipt of a refund, by paying to  the
32    Fund  the  amount  of the refund with interest thereon at the
33    rate of 6% per year, compounded annually, from  the  date  of
 
                            -3-                LRB9101309EGfg
 1    refund to the date of payment.
 2        (c)  Within  30  days  after  the  effective date of this
 3    amendatory Act of  1993,  any  active  member  of  the  State
 4    Employees'   Retirement   System  who  was  earning  eligible
 5    creditable  service  under  subdivision  (b)(12)  of  Section
 6    14-110 on January 1, 1992 and who has at least  17  years  of
 7    creditable  service under this Article may apply for transfer
 8    of his creditable service accumulated under this  Article  to
 9    the  State  Employees' Retirement System.  At the time of the
10    transfer  the  Fund  shall  pay  to  the   State   Employees'
11    Retirement System an amount equal to:
12             (1)  the  amounts  accumulated  to the credit of the
13        applicant on the  books  of  the  Fund  on  the  date  of
14        transfer; and
15             (2)  the    corresponding    municipality   credits,
16        including interest, on the books of the Fund on the  date
17        of transfer.
18    Participation  in  this  Fund  shall terminate on the date of
19    transfer.
20    (Source: P.A. 86-1488; 87-1265.)

21        (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
22        Sec. 7-139.8.  Transfer to Article 14 System.
23        (a) Any active member of the State Employees'  Retirement
24    System  who  is  employed  in  a position for which he or she
25    earns eligible  creditable  service  as  defined  in  Section
26    14-110  of  this  Code  an investigator for the Office of the
27    State's  Attorneys  Appellate  Prosecutor  or  a   controlled
28    substance  inspector  may  apply  for  transfer  of  all or a
29    portion  of  his  or  her  credits  and  creditable   service
30    accumulated  in  this  Fund  for  service  as a sheriff's law
31    enforcement  employee  to  the  State  Employees'  Retirement
32    System in accordance with  Section  14-110.   The  creditable
33    service  shall  be transferred only upon payment by this Fund
 
                            -4-                LRB9101309EGfg
 1    to the State Employees' Retirement System of an amount  equal
 2    to:
 3             (1)  the  amounts  accumulated  to the credit of the
 4        applicant  for  the  service  to  be  transferred  as   a
 5        sheriff's  law  enforcement employee, including interest;
 6        and
 7             (2)  municipality credits  based  on  such  service,
 8        including interest; and
 9             (3)  any interest paid by the applicant to reinstate
10        such service.
11    Participation  in  this  Fund  as  to any credits transferred
12    under this Section shall terminate on the date of transfer.
13        (b)  Any person transferring service under subsection (a)
14     such investigator or inspector  may  reinstate  credits  and
15    creditable  service  terminated  upon receipt of a separation
16    benefit, by paying to the Fund the amount of  the  separation
17    benefit  plus  interest thereon at the rate of 6% per year to
18    the date of payment.
19    (Source: P.A. 90-32, eff. 6-27-97.)

20        (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
21        Sec. 9-121.10.  Transfer to Article 14.
22        (a)  Until July 1, 1993, Any active member of  the  State
23    Employees'  Retirement  System  who is employed in a position
24    for which he or she  earns  eligible  creditable  service  as
25    defined  in Section 14-110 of this Code a State policeman may
26    apply for transfer of some or all of his  or  her  creditable
27    service   as   a  member  of  the  County  Police  Department
28    accumulated  under  this  Article  to  the  State  Employees'
29    Retirement System in accordance with Section 14-110.  At  the
30    time  of  the  transfer  the  Fund  shall  pay  to  the State
31    Employees' Retirement System an amount equal to:
32             (1)  the amounts accumulated to the  credit  of  the
33        applicant  on  the  books  of  the  Fund  on  the date of
 
                            -5-                LRB9101309EGfg
 1        transfer for the service to be transferred; and
 2             (2)  the   corresponding    municipality    credits,
 3        including  interest, on the books of the Fund on the date
 4        of transfer; and
 5             (3)  any interest paid by the applicant in order  to
 6        reinstate such service.
 7    Participation  in  this  Fund  with  respect  to  the credits
 8    transferred shall terminate on the date of transfer.
 9        (b)  Until July 1, 1993, Any person transferring  service
10    under  subsection  (a)  such  State  policeman  may reinstate
11    credit  for  service  as  a  member  of  the  County   Police
12    Department  that  was  terminated  by receipt of a refund, by
13    paying to the Fund the amount of  the  refund  with  interest
14    thereon at the rate of 6% per year, compounded annually, from
15    the date of 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,  2  1/4% of final average compensation for each
31        of the first 10 years of creditable service, 2  1/2%  for
32        each  year  above  10  years to and including 20 years of
33        creditable  service,  and  2  3/4%  for  each   year   of
 
                            -6-                LRB9101309EGfg
 1        creditable service above 20 years; and
 2             (ii)  for  periods of eligible creditable service as
 3        a covered employee, 1.67% of final  average  compensation
 4        for each of the first 10 years of such service, 1.90% for
 5        each of the next 10 years of such service, 2.10% for each
 6        year  of  such  service in excess of 20 but not exceeding
 7        30, and 2.30% for each year in excess of 30.
 8        Such annuity shall be subject to  a  maximum  of  75%  of
 9    final   average  compensation.   These  rates  shall  not  be
10    applicable to any service performed by a member as a  covered
11    employee  which  is not eligible creditable service.  Service
12    as a  covered  employee  which  is  not  eligible  creditable
13    service  shall  be  subject  to  the  rates and provisions of
14    Section 14-108.
15        (b)  For  the  purpose   of   this   Section,   "eligible
16    creditable  service"  means creditable service resulting from
17    service in one or more of the following positions:
18             (1)  State policeman;
19             (2)  fire fighter in the fire protection service  of
20        a department;
21             (3)  air pilot;
22             (4)  special agent;
23             (5)  investigator for the Secretary of State;
24             (6)  conservation police officer;
25             (7)  investigator for the Department of Revenue;
26             (8)  security  employee  of  the Department of Human
27        Services;
28             (9)  Central  Management  Services  security  police
29        officer;
30             (10)  security  employee  of   the   Department   of
31        Corrections;
32             (11)  dangerous drugs investigator;
33             (12)  investigator   for  the  Department  of  State
34        Police;
 
                            -7-                LRB9101309EGfg
 1             (13)  investigator for the Office  of  the  Attorney
 2        General;
 3             (14)  controlled substance inspector;
 4             (15)  investigator  for  the  Office  of the State's
 5        Attorneys Appellate Prosecutor;
 6             (16)  Commerce Commission police officer;
 7             (17)  arson investigator.
 8        A person employed in one of the  positions  specified  in
 9    this  subsection  is  entitled to eligible creditable service
10    for service credit earned under this Article while undergoing
11    the basic police training course  approved  by  the  Illinois
12    Local   Governmental   Law   Enforcement   Officers  Training
13    Standards Board, if completion of that training  is  required
14    of  persons  serving  in  that position.  For the purposes of
15    this Code, service during the required basic police  training
16    course  shall  be  deemed  performance  of  the duties of the
17    specified position, even though the person  is  not  a  sworn
18    peace officer at the time of the training.
19        (c)  For the purposes of this Section:
20             (1)  The  term  "state policeman" includes any title
21        or position in the Department of  State  Police  that  is
22        held  by  an  individual  employed under the State Police
23        Act.
24             (2)  The term "fire fighter in the  fire  protection
25        service  of  a  department" includes all officers in such
26        fire  protection  service  including  fire   chiefs   and
27        assistant fire chiefs.
28             (3)  The  term  "air  pilot"  includes  any employee
29        whose official job description on file in the  Department
30        of  Central  Management Services, or in the department by
31        which he is employed if that department is not covered by
32        the Personnel Code, states that his principal duty is the
33        operation  of  aircraft,  and  who  possesses  a  pilot's
34        license; however, the change in this definition  made  by
 
                            -8-                LRB9101309EGfg
 1        this  amendatory Act of 1983 shall not operate to exclude
 2        any noncovered employee who was an "air  pilot"  for  the
 3        purposes of this Section on January 1, 1984.
 4             (4)  The  term  "special agent" means any person who
 5        by reason of  employment  by  the  Division  of  Narcotic
 6        Control,  the  Bureau  of Investigation or, after July 1,
 7        1977,  the  Division  of  Criminal   Investigation,   the
 8        Division  of Internal Investigation or any other Division
 9        or organizational  entity  in  the  Department  of  State
10        Police  is  vested  by law with duties to maintain public
11        order, investigate violations of the criminal law of this
12        State, enforce the laws of this State, make  arrests  and
13        recover  property.  The term "special agent" includes any
14        title or position in the Department of State Police  that
15        is  held by an individual employed under the State Police
16        Act.
17             (5)  The term "investigator  for  the  Secretary  of
18        State"  means  any  person  employed by the Office of the
19        Secretary of State and  vested  with  such  investigative
20        duties  as  render  him ineligible for coverage under the
21        Social Security Act by reason of  Sections  218(d)(5)(A),
22        218(d)(8)(D) and 218(l)(1) of that Act.
23             A  person who became employed as an investigator for
24        the Secretary  of  State  between  January  1,  1967  and
25        December  31,  1975,  and  who  has  served as such until
26        attainment of age  60,  either  continuously  or  with  a
27        single  break  in  service  of  not  more  than  3  years
28        duration,  which break terminated before January 1, 1976,
29        shall  be  entitled  to  have  his   retirement   annuity
30        calculated     in   accordance   with   subsection   (a),
31        notwithstanding that he has less than 20 years of  credit
32        for such service.
33             (6)  The  term  "Conservation  Police Officer" means
34        any person employed by the Division of Law Enforcement of
 
                            -9-                LRB9101309EGfg
 1        the Department of Natural Resources and vested with  such
 2        law  enforcement  duties  as  render  him  ineligible for
 3        coverage under the  Social  Security  Act  by  reason  of
 4        Sections  218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1) of
 5        that  Act.   The  term  "Conservation   Police   Officer"
 6        includes  the  positions  of  Chief  Conservation  Police
 7        Administrator    and    Assistant   Conservation   Police
 8        Administrator.
 9             (7)  The term "investigator for  the  Department  of
10        Revenue"  means  any person employed by the Department of
11        Revenue and vested  with  such  investigative  duties  as
12        render  him  ineligible  for  coverage  under  the Social
13        Security  Act  by  reason   of   Sections   218(d)(5)(A),
14        218(d)(8)(D) and 218(l)(1) of that Act.
15             (8)  The  term  "security employee of the Department
16        of Human Services"  means  any  person  employed  by  the
17        Department  of  Human  Services  who  is  employed at the
18        Chester Mental Health Center and has daily  contact  with
19        the  residents  thereof, or who is a mental health police
20        officer.  "Mental health police officer" means any person
21        employed  by  the  Department  of  Human  Services  in  a
22        position pertaining to the Department's mental health and
23        developmental disabilities functions who is  vested  with
24        such   law   enforcement  duties  as  render  the  person
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             (9)  "Central Management  Services  security  police
29        officer"  means  any person employed by the Department of
30        Central Management Services who is vested with  such  law
31        enforcement  duties as render him ineligible for coverage
32        under the Social  Security  Act  by  reason  of  Sections
33        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
34             (10)  The  term "security employee of the Department
 
                            -10-               LRB9101309EGfg
 1        of Corrections" means any employee of the  Department  of
 2        Corrections  or  the  former Department of Personnel, and
 3        any member or employee of the Prisoner Review Board,  who
 4        has  daily  contact  with  inmates  by  working  within a
 5        correctional facility or who is a parole  officer  or  an
 6        employee who has direct contact with committed persons in
 7        the performance of his or her job duties.
 8             (11)  The  term "dangerous drugs investigator" means
 9        any person who is employed as such by the  Department  of
10        Human Services.
11             (12)  The  term  "investigator for the Department of
12        State Police" means a person employed by  the  Department
13        of  State  Police  who  is  vested under Section 4 of the
14        Narcotic Control Division Abolition  Act  with  such  law
15        enforcement  powers as render him ineligible for coverage
16        under the Social  Security  Act  by  reason  of  Sections
17        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
18             (13)  "Investigator  for  the Office of the Attorney
19        General" means any person who is employed as such by  the
20        Office  of  the  Attorney General and is vested with such
21        investigative  duties  as  render  him   ineligible   for
22        coverage  under  the  Social  Security  Act  by reason of
23        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
24        Act.  For the period before January  1,  1989,  the  term
25        includes  all  persons who were employed as investigators
26        by the Office of the Attorney General, without regard  to
27        social security status.
28             (14)  "Controlled  substance  inspector"  means  any
29        person  who  is  employed  as  such  by the Department of
30        Professional Regulation  and  is  vested  with  such  law
31        enforcement  duties as render him ineligible for coverage
32        under the Social  Security  Act  by  reason  of  Sections
33        218(d)(5)(A),  218(d)(8)(D)  and  218(l)(1)  of that Act.
34        The term "controlled substance  inspector"  includes  the
 
                            -11-               LRB9101309EGfg
 1        Program   Executive  of  Enforcement  and  the  Assistant
 2        Program Executive of Enforcement.
 3             (15)  The term "investigator for the Office  of  the
 4        State's  Attorneys  Appellate  Prosecutor" means a person
 5        employed in that capacity on a full time basis under  the
 6        authority  of  Section  7.06  of  the  State's  Attorneys
 7        Appellate Prosecutor's Act.
 8             (16)  "Commerce Commission police officer" means any
 9        person  employed  by the Illinois Commerce Commission who
10        is vested with such law enforcement duties as render  him
11        ineligible  for coverage under the Social Security Act by
12        reason  of  Sections  218(d)(5)(A),   218(d)(8)(D),   and
13        218(l)(1) of that Act.
14             (17)  "Arson  investigator"  means any person who is
15        employed as such by the Office of the State Fire  Marshal
16        and  is vested with such law enforcement duties as render
17        the person  ineligible  for  coverage  under  the  Social
18        Security   Act   by   reason  of  Sections  218(d)(5)(A),
19        218(d)(8)(D), and 218(l)(1) of that Act.   A  person  who
20        was  employed as an arson investigator on January 1, 1995
21        and is no longer in  service  but  not  yet  receiving  a
22        retirement  annuity  may  convert  his  or her creditable
23        service for employment  as  an  arson  investigator  into
24        eligible  creditable  service by paying to the System the
25        difference between the  employee  contributions  actually
26        paid  for  that  service  and the amounts that would have
27        been contributed if the applicant  were  contributing  at
28        the  rate  applicable  to  persons  with  the same social
29        security status earning eligible  creditable  service  on
30        the date of application.
31        (d)  A   security   employee   of   the   Department   of
32    Corrections,  and  a  security  employee of the Department of
33    Human Services who is not a  mental  health  police  officer,
34    shall  not be eligible for the alternative retirement annuity
 
                            -12-               LRB9101309EGfg
 1    provided by this Section unless he or she meets the following
 2    minimum  age  and  service  requirements  at  the   time   of
 3    retirement:
 4             (i)  25 years of eligible creditable service and age
 5        55; or
 6             (ii)  beginning   January   1,  1987,  25  years  of
 7        eligible creditable service and age 54, or  24  years  of
 8        eligible creditable service and age 55; or
 9             (iii)  beginning   January  1,  1988,  25  years  of
10        eligible creditable service and age 53, or  23  years  of
11        eligible creditable service and age 55; or
12             (iv)  beginning   January   1,  1989,  25  years  of
13        eligible creditable service and age 52, or  22  years  of
14        eligible creditable service and age 55; or
15             (v)  beginning January 1, 1990, 25 years of eligible
16        creditable  service  and  age 51, or 21 years of eligible
17        creditable service and age 55; or
18             (vi)  beginning  January  1,  1991,  25   years   of
19        eligible  creditable  service  and age 50, or 20 years of
20        eligible creditable service and age 55.
21        Persons who have service credit under Article 16 of  this
22    Code  for service as a security employee of the Department of
23    Corrections  in  a  position  requiring  certification  as  a
24    teacher may count  such  service  toward  establishing  their
25    eligibility  under  the service requirements of this Section;
26    but such service may  be  used  only  for  establishing  such
27    eligibility,  and  not  for  the  purpose  of  increasing  or
28    calculating any benefit.
29        (e)  If a member enters military service while working in
30    a  position  in  which  eligible  creditable  service  may be
31    earned, and returns to State service in the same  or  another
32    such  position,  and  fulfills  in  all  other  respects  the
33    conditions prescribed in this Article for credit for military
34    service,  such military service shall be credited as eligible
 
                            -13-               LRB9101309EGfg
 1    creditable service for the purposes of the retirement annuity
 2    prescribed in this Section.
 3        (f)  For purposes  of  calculating  retirement  annuities
 4    under   this  Section,  periods  of  service  rendered  after
 5    December 31, 1968 and before October 1,  1975  as  a  covered
 6    employee  in  the  position  of  special  agent, conservation
 7    police officer, mental health police officer, or investigator
 8    for the Secretary of State, shall  be  deemed  to  have  been
 9    service  as a noncovered employee, provided that the employee
10    pays to the System prior to retirement an amount equal to (1)
11    the difference between the employee contributions that  would
12    have been required for such service as a noncovered employee,
13    and  the amount of employee contributions actually paid, plus
14    (2) if payment is made after July 31, 1987, regular  interest
15    on  the amount specified in item (1) from the date of service
16    to the date of payment.
17        For purposes of calculating  retirement  annuities  under
18    this  Section, periods of service rendered after December 31,
19    1968 and before January 1, 1982 as a covered employee in  the
20    position  of investigator for the Department of Revenue shall
21    be deemed to have been  service  as  a  noncovered  employee,
22    provided  that  the  employee  pays  to  the  System prior to
23    retirement an amount equal to (1) the difference between  the
24    employee contributions that would have been required for such
25    service  as a noncovered employee, and the amount of employee
26    contributions actually paid, plus  (2)  if  payment  is  made
27    after  January  1,  1990,  regular  interest  on  the  amount
28    specified in item (1) from the date of service to the date of
29    payment.
30        (g)  A  State policeman may elect, not later than January
31    1, 1990, to establish eligible creditable service for  up  to
32    10  years  of  his service as a policeman under Article 3, by
33    filing a written election  with  the  Board,  accompanied  by
34    payment  of an amount to be determined by the Board, equal to
 
                            -14-               LRB9101309EGfg
 1    (i)  the  difference  between  the  amount  of  employee  and
 2    employer  contributions  transferred  to  the  System   under
 3    Section  3-110.5,  and  the  amounts  that  would  have  been
 4    contributed  had  such  contributions  been made at the rates
 5    applicable to State policemen, plus (ii) interest thereon  at
 6    the  effective  rate for each year, compounded annually, from
 7    the date of service to the date of payment.
 8        Subject to the limitation  in  subsection  (i),  a  State
 9    policeman  may  elect,  not  later  than  July  1,  1993,  to
10    establish  eligible  creditable service for up to 10 years of
11    his service as a member of the County Police Department under
12    Article 9, by filing  a  written  election  with  the  Board,
13    accompanied  by  payment of an amount to be determined by the
14    Board, equal to (i) the  difference  between  the  amount  of
15    employee and employer contributions transferred to the System
16    under  Section  9-121.10 and the amounts that would have been
17    contributed had those contributions been made  at  the  rates
18    applicable  to State policemen, plus (ii) interest thereon at
19    the effective rate for each year, compounded  annually,  from
20    the date of service to the date of payment.
21        Subject  to  the limitation in subsection (i), any active
22    member of the System who is employed in a position for  which
23    he  or  she  earns  eligible  creditable service may elect to
24    establish eligible creditable service for up to 12  years  of
25    his  or  her  service  as a policeman under Article 3 or 5, a
26    sheriff's law enforcement employee under Article 7, a  member
27    of  the County Police Department under Article 9, or a police
28    officer under Article 15 by filing a  written  election  with
29    the  Board  and paying to the System no later than the day of
30    withdrawal an amount to be determined by the System, equal to
31    the deficiency, if any, between (i) the amount transferred to
32    the System under Section 3-110.6, 5-236,  7-139.8,  9-121.10,
33    or  15-134.6  and  (ii)  the  amount  that  would  have  been
34    contributed   to   the   System  had  employer  and  employee
 
                            -15-               LRB9101309EGfg
 1    contributions been made for the transferred  service  at  the
 2    rates  applicable  to  State  policemen,  including  interest
 3    thereon  at  the  effective  rate  for  each year, compounded
 4    annually, from the date of service to the date of payment.
 5        (h)  (Blank).  Subject to the  limitation  in  subsection
 6    (i),  a  State policeman or investigator for the Secretary of
 7    State may elect to establish eligible creditable service  for
 8    up to 12 years of his service as a policeman under Article 5,
 9    by  filing  a  written  election  with the Board on or before
10    January 31, 1992, and paying to the  System  by  January  31,
11    1994  an  amount  to be determined by the Board, equal to (i)
12    the difference between the amount of  employee  and  employer
13    contributions  transferred to the System under Section 5-236,
14    and the amounts that would have  been  contributed  had  such
15    contributions  been  made  at  the  rates applicable to State
16    policemen, plus (ii) interest thereon at the  effective  rate
17    for  each year, compounded annually, from the date of service
18    to the date of payment.
19        Subject to the limitation  in  subsection  (i),  a  State
20    policeman,  conservation  police officer, or investigator for
21    the Secretary  of  State  may  elect  to  establish  eligible
22    creditable  service  for  up  to  10  years  of  service as a
23    sheriff's law enforcement employee under Article 7, by filing
24    a written election with the Board on or  before  January  31,
25    1993,  and paying to the System by January 31, 1994 an amount
26    to be determined by the Board, equal to  (i)  the  difference
27    between  the  amount  of  employee and employer contributions
28    transferred to the System  under  Section  7-139.7,  and  the
29    amounts   that   would   have   been   contributed  had  such
30    contributions been made at  the  rates  applicable  to  State
31    policemen,  plus  (ii) interest thereon at the effective rate
32    for each year, compounded annually, from the date of  service
33    to the date of payment.
34        (i)  The  total  amount  of  eligible  creditable service
 
                            -16-               LRB9101309EGfg
 1    established by any person under subsections  (g),  (h),  (j),
 2    (k), and (l) of this Section shall not exceed 12 years.
 3        (j)  (Blank).  Subject  to  the  limitation in subsection
 4    (i), an investigator for the Office of the State's  Attorneys
 5    Appellate  Prosecutor or a controlled substance inspector may
 6    elect to establish eligible creditable service for up  to  10
 7    years  of  his  service  as  a policeman under Article 3 or a
 8    sheriff's law enforcement employee under Article 7, by filing
 9    a written election with the Board, accompanied by payment  of
10    an  amount  to  be  determined by the Board, equal to (1) the
11    difference  between  the  amount  of  employee  and  employer
12    contributions transferred to the System under Section 3-110.6
13    or 7-139.8, and the amounts that would have been  contributed
14    had  such  contributions been made at the rates applicable to
15    State policemen, plus (2) interest thereon at  the  effective
16    rate  for  each  year,  compounded annually, from the date of
17    service to the date of payment.
18        (k)  Subject to the limitation in subsection (i) of  this
19    Section,   an  alternative  formula  employee  may  elect  to
20    establish eligible creditable service for periods spent as  a
21    full-time  law  enforcement  officer or full-time corrections
22    officer employed by the federal government or by a  state  or
23    local  government  located  outside  of  Illinois,  for which
24    credit is not held in any other public employee pension  fund
25    or  retirement  system.  To obtain this credit, the applicant
26    must file a written application with the Board by  March  31,
27    1998,  accompanied  by  evidence of eligibility acceptable to
28    the Board and payment of an amount to be  determined  by  the
29    Board,  equal  to  (1)  employee contributions for the credit
30    being established, based upon the applicant's salary  on  the
31    first  day  as  an  alternative  formula  employee  after the
32    employment for which credit  is  being  established  and  the
33    rates  then applicable to alternative formula employees, plus
34    (2) an amount determined by the Board to  be  the  employer's
 
                            -17-               LRB9101309EGfg
 1    normal  cost  of  the  benefits  accrued for the credit being
 2    established, plus (3) regular  interest  on  the  amounts  in
 3    items  (1)  and  (2)  from  the  first  day as an alternative
 4    formula employee after the employment  for  which  credit  is
 5    being established to the date of payment.
 6        (l)  (Blank).  Subject  to  the  limitation in subsection
 7    (i), a security employee of the Department of Corrections may
 8    elect, not later than July 1,  1998,  to  establish  eligible
 9    creditable  service  for up to 10 years of his or her service
10    as a policeman under Article 3, by filing a written  election
11    with  the  Board,  accompanied  by payment of an amount to be
12    determined by the Board, equal to (i) the difference  between
13    the amount of employee and employer contributions transferred
14    to  the  System  under  Section 3-110.5, and the amounts that
15    would have been contributed had such contributions been  made
16    at   the  rates  applicable  to  security  employees  of  the
17    Department of Corrections, plus (ii) interest thereon at  the
18    effective  rate  for each year, compounded annually, from the
19    date of service to the date of payment.
20    (Source: P.A. 89-136,  eff.  7-14-95;  89-445,  eff.  2-7-96;
21    89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)

22        (40 ILCS 5/15-134.6 new)
23        Sec. 15-134.6.  Transfer of certain creditable service to
24    the Article 14 retirement system.
25        (a)  An active member of the Article 14 retirement system
26    who  is  employed  in  a  position  for which he or she earns
27    eligible creditable service as defined in Section  14-110  of
28    this  Code  may  transfer  all  or  a  portion  of his or her
29    creditable service accumulated under this System for  service
30    as  a  police  officer to the Article 14 retirement system in
31    accordance with Section 14-110.  The transfer  of  creditable
32    service  shall  be accompanied by payment from this System to
33    the Article 14 retirement system of:
 
                            -18-               LRB9101309EGfg
 1             (1)  the amounts credited to the applicant  for  the
 2        service to be transferred through employee contributions,
 3        including interest, as of the date of transfer; and
 4             (2)  employer  contributions  equal  to  the  amount
 5        determined under item (1); and
 6             (3)  any  interest paid by the applicant in order to
 7        reinstate the service to be transferred.
 8    Participation in this System with respect to the  transferred
 9    service shall terminate on the date of transfer.
10        (b)  A   person  transferring  creditable  service  under
11    subsection (a) may reinstate service that was  terminated  by
12    receipt  of  a  refund, by paying to the System the amount of
13    the refund plus interest thereon at the effective  rate  from
14    the date of the refund to the date of payment.

15        (40 ILCS 5/3-110.5 rep.)
16        (40 ILCS 5/7-139.7 rep.)
17        Section  10.   The  Illinois  Pension  Code is amended by
18    repealing Sections 3-110.5 and 7-139.7.

19        Section 99. Effective date.  This Act takes  effect  upon
20    becoming law.

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