State of Illinois
91st General Assembly
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91_HB1082

 
                                               LRB9102040EGfg

 1        AN ACT to amend the Illinois  Pension  Code  by  changing
 2    Sections 3-110.6, 5-236, 7-139.8, 9-121.10, and 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  Sections  3-110.6,  5-236,  7-139.8,  9-121.10, and
 7    14-110 as follows:

 8        (40 ILCS 5/3-110.6) (from Ch. 108 1/2, par. 3-110.6)
 9        Sec. 3-110.6.  Transfer to Article 14 System.
10        (a)  Any active member of the State Employees' Retirement
11    System who is an investigator for the Office of  the  State's
12    Attorneys  Appellate  Prosecutor,  an  investigator  for  the
13    Office  of  the  Attorney  General, or a controlled substance
14    inspector may apply for transfer of some or all of his or her
15    creditable service accumulated in  any  police  pension  fund
16    under  this Article to the State Employees' Retirement System
17    in accordance with Section 14-110.   The  creditable  service
18    shall  be transferred only upon payment by the police pension
19    fund to the State Employees' Retirement System of  an  amount
20    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)  employer  contributions  in  an amount equal to
25        the amount determined under 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 respect to the
29    credits transferred shall terminate on the date of transfer.
30        (b)  Any such investigator  or  inspector  may  reinstate
31    service  which  was  terminated  by  receipt  of a refund, by
 
                            -2-                LRB9102040EGfg
 1    paying to the police pension fund the amount  of  the  refund
 2    with  interest thereon at the rate of 6% per year, compounded
 3    annually, from the date of refund to the date of payment.
 4    (Source: P.A. 90-32, eff. 6-27-97.)

 5        (40 ILCS 5/5-236) (from Ch. 108 1/2, par. 5-236)
 6        Sec. 5-236.  Transfer to Article 14.
 7        (a)  Until January 31, 1994, any  active  member  of  the
 8    State  Employees'  Retirement System who is a State policeman
 9    or investigator for the Secretary  of  State  may  apply  for
10    transfer  of  his  creditable  service accumulated under this
11    Article to the State Employees' Retirement System.    At  the
12    time  of  the  transfer  the  Fund  shall  pay  to  the State
13    Employees' Retirement System an amount equal to:
14             (1)  the amounts accumulated to the  credit  of  the
15        applicant  on  the  books  of  the  Fund  on  the date of
16        transfer; and
17             (2)  the   corresponding    municipality    credits,
18        including  interest, on the books of the Fund on the date
19        of transfer; and
20             (3)  any interest paid by the applicant in order  to
21        reinstate service.
22    Participation  in  this  Fund  shall terminate on the date of
23    transfer.
24        (b)  Until January 31, 1994, any such State policeman  or
25    investigator for the Secretary of State may reinstate service
26    that  was terminated by receipt of a refund, by paying to the
27    Fund the amount of the refund with interest  thereon  at  the
28    rate  of  6%  per year, compounded annually, from the date of
29    refund to the date of payment.
30        (c)  Within 30 days after  the  effective  date  of  this
31    amendatory  Act  of  1993,  any  active  member  of the State
32    Employees'  Retirement  System  who  was   earning   eligible
33    creditable  service  under  subdivision  (b)(12)  of  Section
 
                            -3-                LRB9102040EGfg
 1    14-110  on  January  1, 1992 and who has at least 17 years of
 2    creditable service under this Article may apply for  transfer
 3    of  his  creditable service accumulated under this Article to
 4    the State Employees' Retirement System.  At the time  of  the
 5    transfer   the   Fund  shall  pay  to  the  State  Employees'
 6    Retirement System an amount equal to:
 7             (1)  the amounts accumulated to the  credit  of  the
 8        applicant  on  the  books  of  the  Fund  on  the date of
 9        transfer; and
10             (2)  the   corresponding    municipality    credits,
11        including  interest, on the books of the Fund on the date
12        of transfer.
13    Participation in this Fund shall terminate  on  the  date  of
14    transfer.
15        (d)  Any active member of the State Employees' Retirement
16    System  who is an investigator for the Office of the Attorney
17    General may apply for transfer of all or part of his  or  her
18    creditable  service  accumulated  under  this  Article to the
19    State Employees' Retirement System in accordance with Section
20    14-110.  At the time of the transfer the Fund  shall  pay  to
21    the State Employees' Retirement System an amount equal to:
22             (1)  the  amounts  accumulated  to the credit of the
23        applicant for the service to be transferred on the  books
24        of the Fund on the date of transfer; and
25             (2)  the    corresponding    municipality   credits,
26        including interest, on the books of the Fund on the  date
27        of transfer; and
28             (3)  any  interest paid by the applicant in order to
29        reinstate that service credit.
30    Participation in  this  Fund  with  respect  to  the  credits
31    transferred shall terminate on the date of transfer.
32        (e)  Any such investigator for the Office of the Attorney
33    General  may reinstate service that was terminated by receipt
34    of a refund, by paying to the Fund the amount of  the  refund
 
                            -4-                LRB9102040EGfg
 1    plus  interest  at  the  rate  of  6%  per  year,  compounded
 2    annually, from the date of the refund to the date of payment.
 3    
 4    (Source: P.A. 86-1488; 87-1265.)

 5        (40 ILCS 5/7-139.8) (from Ch. 108 1/2, par. 7-139.8)
 6        Sec. 7-139.8.  Transfer to Article 14 System.
 7        (a) Any  active member of the State Employees' Retirement
 8    System who is an investigator for the Office of  the  State's
 9    Attorneys  Appellate  Prosecutor,  an  investigator  for  the
10    Office  of  the  Attorney  General, or a controlled substance
11    inspector may apply for transfer of some or all of his or her
12    credits and creditable service accumulated in this  Fund  for
13    service as a sheriff's law enforcement employee or service as
14    a  municipal  conservator  of  the  peace certified under the
15    Police Training  Act,  to  the  State  Employees'  Retirement
16    System  in  accordance  with  Section 14-110.  The creditable
17    service shall be transferred only upon payment by  this  Fund
18    to  the State Employees' Retirement System of an amount equal
19    to:
20             (1)  the amounts accumulated to the  credit  of  the
21        applicant   for  the  service  to  be  transferred  as  a
22        sheriff's law enforcement employee,  including  interest;
23        and
24             (2)  municipality  credits  based  on  such service,
25        including interest; and
26             (3)  any interest paid by the applicant to reinstate
27        such service.
28    Participation in this Fund  as  to  any  credits  transferred
29    under this Section shall terminate on the date of transfer.
30        (b)  Any  such  investigator  or  inspector may reinstate
31    credits and creditable service terminated upon receipt  of  a
32    separation  benefit,  by paying to the Fund the amount of the
33    separation benefit plus interest thereon at the  rate  of  6%
 
                            -5-                LRB9102040EGfg
 1    per year to the date of payment.
 2    (Source: P.A. 90-32, eff. 6-27-97.)

 3        (40 ILCS 5/9-121.10) (from Ch. 108 1/2, par. 9-121.10)
 4        Sec. 9-121.10.  Transfer to Article 14.
 5        (a)  Until  July  1, 1993, any active member of the State
 6    Employees' Retirement System who is  a  State  policeman  may
 7    apply  for  transfer of some or all of his creditable service
 8    as a member of the County Police Department accumulated under
 9    this Article to the State Employees' Retirement  System.   At
10    the  time  of  the  transfer  the Fund shall pay to the State
11    Employees' 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 for the service to be transferred; and
15             (2)  the   corresponding    municipality    credits,
16        including  interest, on the books of the Fund on the date
17        of transfer; and
18             (3)  any interest paid by the applicant in order  to
19        reinstate such service.
20    Participation  in  this  Fund  with  respect  to  the credits
21    transferred shall terminate on the date of transfer.
22        (b)  Until July 1, 1993, any  such  State  policeman  may
23    reinstate credit for service as a member of the County Police
24    Department  that  was  terminated  by receipt of a refund, by
25    paying to the Fund the amount of  the  refund  with  interest
26    thereon at the rate of 6% per year, compounded annually, from
27    the date of refund to the date of payment.
28        (c)  Any active member of the State Employees' Retirement
29    System  who is an investigator for the Office of the Attorney
30    General may apply for transfer of some or all of his  or  her
31    creditable   service   as  a  member  of  the  County  Police
32    Department  accumulated  under  this  Article  to  the  State
33    Employees'  Retirement  System  in  accordance  with  Section
 
                            -6-                LRB9102040EGfg
 1    14-110.  At the time of the transfer the Fund  shall  pay  to
 2    the State Employees' Retirement System an amount equal to:
 3             (1)  the  amounts  accumulated  to the credit of the
 4        applicant for the service to be transferred on the  books
 5        of the Fund on the date of transfer; and
 6             (2)  the    corresponding    municipality   credits,
 7        including interest, on the books of the Fund on the  date
 8        of transfer; and
 9             (3)  any  interest paid by the applicant in order to
10        reinstate such service.
11    Participation in  this  Fund  with  respect  to  the  credits
12    transferred shall terminate on the date of transfer.
13        (d)  Any such investigator for the Office of the Attorney
14    General  may  may reinstate credit for service as a member of
15    the County Police Department that was terminated  by  receipt
16    of  a  refund, by paying to the Fund the amount of the refund
17    plus  interest  at  the  rate  of  6%  per  year,  compounded
18    annually, from the date of the refund to the date of payment.
19    
20    (Source: P.A. 87-1265.)

21        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
22        Sec. 14-110.  Alternative retirement annuity.
23        (a)  Any member who has withdrawn from service  with  not
24    less  than  20  years  of eligible creditable service and has
25    attained age 55,  and  any  member  who  has  withdrawn  from
26    service  with  not  less than 25 years of eligible creditable
27    service and has attained age 50, regardless  of  whether  the
28    attainment  of  either of the specified ages occurs while the
29    member is still in service, shall be entitled to  receive  at
30    the  option  of the member, in lieu of the regular or minimum
31    retirement  annuity,  a  retirement   annuity   computed   as
32    follows:
33             (i)  for   periods   of   service  as  a  noncovered
 
                            -7-                LRB9102040EGfg
 1        employee, 2 1/4% of final average compensation  for  each
 2        of  the  first 10 years of creditable service, 2 1/2% for
 3        each year above 10 years to and  including  20  years  of
 4        creditable   service,   and  2  3/4%  for  each  year  of
 5        creditable service above 20 years; and
 6             (ii)  for periods of eligible creditable service  as
 7        a  covered  employee, 1.67% of final average compensation
 8        for each of the first 10 years of such service, 1.90% for
 9        each of the next 10 years of such service, 2.10% for each
10        year of such service in excess of 20  but  not  exceeding
11        30, and 2.30% for each year in excess of 30.
12        Such  annuity  shall  be  subject  to a maximum of 75% of
13    final  average  compensation.   These  rates  shall  not   be
14    applicable  to any service performed by a member as a covered
15    employee which is not eligible creditable service.    Service
16    as  a  covered  employee  which  is  not  eligible creditable
17    service shall be subject  to  the  rates  and  provisions  of
18    Section 14-108.
19        (b)  For   the   purpose   of   this  Section,  "eligible
20    creditable service" means creditable service  resulting  from
21    service in one or more of the following positions:
22             (1)  State policeman;
23             (2)  fire  fighter in the fire protection service of
24        a department;
25             (3)  air pilot;
26             (4)  special agent;
27             (5)  investigator for the Secretary of State;
28             (6)  conservation police officer;
29             (7)  investigator for the Department of Revenue;
30             (8)  security employee of the  Department  of  Human
31        Services;
32             (9)  Central  Management  Services  security  police
33        officer;
34             (10)  security   employee   of   the  Department  of
 
                            -8-                LRB9102040EGfg
 1        Corrections;
 2             (11)  dangerous drugs investigator;
 3             (12)  investigator  for  the  Department  of   State
 4        Police;
 5             (13)  investigator  for  the  Office of the Attorney
 6        General;
 7             (14)  controlled substance inspector;
 8             (15)  investigator for the  Office  of  the  State's
 9        Attorneys Appellate Prosecutor;
10             (16)  Commerce Commission police officer;
11             (17)  arson investigator.
12        A  person  employed  in one of the positions specified in
13    this subsection is entitled to  eligible  creditable  service
14    for service credit earned under this Article while undergoing
15    the  basic  police  training  course approved by the Illinois
16    Local  Governmental   Law   Enforcement   Officers   Training
17    Standards  Board,  if completion of that training is required
18    of persons serving in that position.   For  the  purposes  of
19    this  Code, service during the required basic police training
20    course shall be deemed  performance  of  the  duties  of  the
21    specified  position,  even  though  the person is not a sworn
22    peace officer at the time of the training.
23        (c)  For the purposes of this Section:
24             (1)  The term "state policeman" includes  any  title
25        or  position  in  the  Department of State Police that is
26        held by an individual employed  under  the  State  Police
27        Act.
28             (2)  The  term  "fire fighter in the fire protection
29        service of a department" includes all  officers  in  such
30        fire   protection   service  including  fire  chiefs  and
31        assistant fire chiefs.
32             (3)  The term  "air  pilot"  includes  any  employee
33        whose  official job description on file in the Department
34        of Central Management Services, or in the  department  by
 
                            -9-                LRB9102040EGfg
 1        which he is employed if that department is not covered by
 2        the Personnel Code, states that his principal duty is the
 3        operation  of  aircraft,  and  who  possesses  a  pilot's
 4        license;  however,  the change in this definition made by
 5        this amendatory Act of 1983 shall not operate to  exclude
 6        any  noncovered  employee  who was an "air pilot" for the
 7        purposes of this Section on January 1, 1984.
 8             (4)  The term "special agent" means any  person  who
 9        by  reason  of  employment  by  the  Division of Narcotic
10        Control, the Bureau of Investigation or,  after  July  1,
11        1977,   the   Division  of  Criminal  Investigation,  the
12        Division of Internal Investigation or any other  Division
13        or  organizational  entity  in  the  Department  of State
14        Police is vested by law with duties  to  maintain  public
15        order, investigate violations of the criminal law of this
16        State,  enforce  the laws of this State, make arrests and
17        recover property.  The term "special agent" includes  any
18        title  or position in the Department of State Police that
19        is held by an individual employed under the State  Police
20        Act.
21             (5)  The  term  "investigator  for  the Secretary of
22        State" means any person employed by  the  Office  of  the
23        Secretary  of  State  and  vested with such investigative
24        duties as render him ineligible for  coverage  under  the
25        Social  Security  Act by reason of Sections 218(d)(5)(A),
26        218(d)(8)(D) and 218(l)(1) of that Act.
27             A person who became employed as an investigator  for
28        the  Secretary  of  State  between  January  1,  1967 and
29        December 31, 1975, and  who  has  served  as  such  until
30        attainment  of  age  60,  either  continuously  or with a
31        single  break  in  service  of  not  more  than  3  years
32        duration, which break terminated before January 1,  1976,
33        shall   be   entitled  to  have  his  retirement  annuity
34        calculated    in   accordance   with   subsection    (a),
 
                            -10-               LRB9102040EGfg
 1        notwithstanding  that he has less than 20 years of credit
 2        for such service.
 3             (6)  The term "Conservation  Police  Officer"  means
 4        any person employed by the Division of Law Enforcement of
 5        the  Department of Natural Resources and vested with such
 6        law enforcement  duties  as  render  him  ineligible  for
 7        coverage  under  the  Social  Security  Act  by reason of
 8        Sections 218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1)  of
 9        that   Act.    The  term  "Conservation  Police  Officer"
10        includes  the  positions  of  Chief  Conservation  Police
11        Administrator   and   Assistant    Conservation    Police
12        Administrator.
13             (7)  The  term  "investigator  for the Department of
14        Revenue" means any person employed by the  Department  of
15        Revenue  and  vested  with  such  investigative duties as
16        render him  ineligible  for  coverage  under  the  Social
17        Security   Act   by   reason  of  Sections  218(d)(5)(A),
18        218(d)(8)(D) and 218(l)(1) of that Act.
19             (8)  The term "security employee of  the  Department
20        of  Human  Services"  means  any  person  employed by the
21        Department of Human  Services  who  is  employed  at  the
22        Chester  Mental  Health Center and has daily contact with
23        the residents thereof, or who is a mental  health  police
24        officer.  "Mental health police officer" means any person
25        employed  by  the  Department  of  Human  Services  in  a
26        position pertaining to the Department's mental health and
27        developmental  disabilities  functions who is vested with
28        such  law  enforcement  duties  as  render   the   person
29        ineligible  for coverage under the Social Security Act by
30        reason  of  Sections   218(d)(5)(A),   218(d)(8)(D)   and
31        218(l)(1) of that Act.
32             (9)  "Central  Management  Services  security police
33        officer" means any person employed by the  Department  of
34        Central  Management  Services who is vested with such law
 
                            -11-               LRB9102040EGfg
 1        enforcement duties as render him ineligible for  coverage
 2        under  the  Social  Security  Act  by  reason of Sections
 3        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
 4             (10)  The term "security employee of the  Department
 5        of  Corrections"  means any employee of the Department of
 6        Corrections or the former Department  of  Personnel,  and
 7        any  member or employee of the Prisoner Review Board, who
 8        has daily  contact  with  inmates  by  working  within  a
 9        correctional  facility  or  who is a parole officer or an
10        employee who has direct contact with committed persons in
11        the performance of his or her job duties.
12             (11)  The term "dangerous drugs investigator"  means
13        any  person  who is employed as such by the Department of
14        Human Services.
15             (12)  The term "investigator for the  Department  of
16        State  Police"  means a person employed by the Department
17        of State Police who is vested  under  Section  4  of  the
18        Narcotic  Control  Division  Abolition  Act with such law
19        enforcement powers as render him ineligible for  coverage
20        under  the  Social  Security  Act  by  reason of Sections
21        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
22             (13)  "Investigator for the Office of  the  Attorney
23        General"  means any person who is employed as such by the
24        Office of the Attorney General and is  vested  with  such
25        investigative   duties   as  render  him  ineligible  for
26        coverage under the  Social  Security  Act  by  reason  of
27        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
28        Act.   For  the  period  before January 1, 1989, the term
29        includes all persons who were employed  as  investigators
30        by  the Office of the Attorney General, without regard to
31        social security status.
32             (14)  "Controlled  substance  inspector"  means  any
33        person who is employed  as  such  by  the  Department  of
34        Professional  Regulation  and  is  vested  with  such law
 
                            -12-               LRB9102040EGfg
 1        enforcement duties as render him ineligible for  coverage
 2        under  the  Social  Security  Act  by  reason of Sections
 3        218(d)(5)(A), 218(d)(8)(D) and  218(l)(1)  of  that  Act.
 4        The  term  "controlled  substance inspector" includes the
 5        Program  Executive  of  Enforcement  and  the   Assistant
 6        Program Executive of Enforcement.
 7             (15)  The  term  "investigator for the Office of the
 8        State's Attorneys Appellate Prosecutor"  means  a  person
 9        employed  in that capacity on a full time basis under the
10        authority  of  Section  7.06  of  the  State's  Attorneys
11        Appellate Prosecutor's Act.
12             (16)  "Commerce Commission police officer" means any
13        person employed by the Illinois Commerce  Commission  who
14        is  vested with such law enforcement duties as render him
15        ineligible for coverage under the Social Security Act  by
16        reason   of   Sections  218(d)(5)(A),  218(d)(8)(D),  and
17        218(l)(1) of that Act.
18             (17)  "Arson investigator" means any person  who  is
19        employed  as such by the Office of the State Fire Marshal
20        and is vested with such law enforcement duties as  render
21        the  person  ineligible  for  coverage  under  the Social
22        Security  Act  by  reason   of   Sections   218(d)(5)(A),
23        218(d)(8)(D),  and  218(l)(1)  of that Act.  A person who
24        was employed as an arson investigator on January 1,  1995
25        and  is  no  longer  in  service  but not yet receiving a
26        retirement annuity may  convert  his  or  her  creditable
27        service  for  employment  as  an  arson investigator into
28        eligible creditable service by paying to the  System  the
29        difference  between  the  employee contributions actually
30        paid for that service and the  amounts  that  would  have
31        been  contributed  if  the applicant were contributing at
32        the rate applicable  to  persons  with  the  same  social
33        security  status  earning  eligible creditable service on
34        the date of application.
 
                            -13-               LRB9102040EGfg
 1        (d)  A   security   employee   of   the   Department   of
 2    Corrections, and a security employee  of  the  Department  of
 3    Human  Services  who  is  not a mental health police officer,
 4    shall not be eligible for the alternative retirement  annuity
 5    provided by this Section unless he or she meets the following
 6    minimum   age   and  service  requirements  at  the  time  of
 7    retirement:
 8             (i)  25 years of eligible creditable service and age
 9        55; or
10             (ii)  beginning  January  1,  1987,  25   years   of
11        eligible  creditable  service  and age 54, or 24 years of
12        eligible creditable service and age 55; or
13             (iii)  beginning  January  1,  1988,  25  years   of
14        eligible  creditable  service  and age 53, or 23 years of
15        eligible creditable service and age 55; or
16             (iv)  beginning  January  1,  1989,  25   years   of
17        eligible  creditable  service  and age 52, or 22 years of
18        eligible creditable service and age 55; or
19             (v)  beginning January 1, 1990, 25 years of eligible
20        creditable service and age 51, or 21  years  of  eligible
21        creditable service and age 55; or
22             (vi)  beginning   January   1,  1991,  25  years  of
23        eligible creditable service and age 50, or  20  years  of
24        eligible creditable service and age 55.
25        Persons  who have service credit under Article 16 of this
26    Code for service as a security employee of the Department  of
27    Corrections  in  a  position  requiring  certification  as  a
28    teacher  may  count  such  service  toward establishing their
29    eligibility under the service requirements of  this  Section;
30    but  such  service  may  be  used  only for establishing such
31    eligibility,  and  not  for  the  purpose  of  increasing  or
32    calculating any benefit.
33        (e)  If a member enters military service while working in
34    a position  in  which  eligible  creditable  service  may  be
 
                            -14-               LRB9102040EGfg
 1    earned,  and  returns to State service in the same or another
 2    such  position,  and  fulfills  in  all  other  respects  the
 3    conditions prescribed in this Article for credit for military
 4    service, such military service shall be credited as  eligible
 5    creditable service for the purposes of the retirement annuity
 6    prescribed in this Section.
 7        (f)  For  purposes  of  calculating  retirement annuities
 8    under  this  Section,  periods  of  service  rendered   after
 9    December  31,  1968  and  before October 1, 1975 as a covered
10    employee in  the  position  of  special  agent,  conservation
11    police officer, mental health police officer, or investigator
12    for  the  Secretary  of  State,  shall be deemed to have been
13    service as a noncovered employee, provided that the  employee
14    pays to the System prior to retirement an amount equal to (1)
15    the  difference between the employee contributions that would
16    have been required for such service as a noncovered employee,
17    and the amount of employee contributions actually paid,  plus
18    (2)  if payment is made after July 31, 1987, regular interest
19    on the amount specified in item (1) from the date of  service
20    to the date of payment.
21        For  purposes  of  calculating retirement annuities under
22    this Section, periods of service rendered after December  31,
23    1968  and before January 1, 1982 as a covered employee in the
24    position of investigator for the Department of Revenue  shall
25    be  deemed  to  have  been  service as a noncovered employee,
26    provided that the  employee  pays  to  the  System  prior  to
27    retirement  an amount equal to (1) the difference between the
28    employee contributions that would have been required for such
29    service as a noncovered employee, and the amount of  employee
30    contributions  actually  paid,  plus  (2)  if payment is made
31    after  January  1,  1990,  regular  interest  on  the  amount
32    specified in item (1) from the date of service to the date of
33    payment.
34        (g)  A State policeman may elect, not later than  January
 
                            -15-               LRB9102040EGfg
 1    1,  1990,  to establish eligible creditable service for up to
 2    10 years of his service as a policeman under  Article  3,  by
 3    filing  a  written  election  with  the Board, accompanied by
 4    payment of an amount to be determined by the Board, equal  to
 5    (i)  the  difference  between  the  amount  of  employee  and
 6    employer   contributions  transferred  to  the  System  under
 7    Section  3-110.5,  and  the  amounts  that  would  have  been
 8    contributed had such contributions been  made  at  the  rates
 9    applicable  to State policemen, plus (ii) interest thereon at
10    the effective rate for each year, compounded  annually,  from
11    the date of service to the date of payment.
12        Subject  to  the  limitation  in  subsection (i), a State
13    policeman  may  elect,  not  later  than  July  1,  1993,  to
14    establish eligible creditable service for up to 10  years  of
15    his service as a member of the County Police Department under
16    Article  9,  by  filing  a  written  election with the Board,
17    accompanied by payment of an amount to be determined  by  the
18    Board,  equal  to  (i)  the  difference between the amount of
19    employee and employer contributions transferred to the System
20    under Section 9-121.10 and the amounts that would  have  been
21    contributed  had  those  contributions been made at the rates
22    applicable to State policemen, plus (ii) interest thereon  at
23    the  effective  rate for each year, compounded annually, from
24    the date of service to the date of payment.
25        (h)  Subject to the limitation in subsection (i), a State
26    policeman or investigator for  the  Secretary  of  State  may
27    elect  to  establish eligible creditable service for up to 12
28    years of his service as  a  policeman  under  Article  5,  by
29    filing a written election with the Board on or before January
30    31,  1992,  and  paying  to the System by January 31, 1994 an
31    amount to be determined  by  the  Board,  equal  to  (i)  the
32    difference  between  the  amount  of  employee  and  employer
33    contributions  transferred to the System under Section 5-236,
34    and the amounts that would have  been  contributed  had  such
 
                            -16-               LRB9102040EGfg
 1    contributions  been  made  at  the  rates applicable to State
 2    policemen, plus (ii) interest thereon at the  effective  rate
 3    for  each year, compounded annually, from the date of service
 4    to the date of payment.
 5        Subject to the limitation  in  subsection  (i),  a  State
 6    policeman,  conservation  police officer, or investigator for
 7    the Secretary  of  State  may  elect  to  establish  eligible
 8    creditable  service  for  up  to  10  years  of  service as a
 9    sheriff's law enforcement employee under Article 7, by filing
10    a written election with the Board on or  before  January  31,
11    1993,  and paying to the System by January 31, 1994 an amount
12    to be determined by the Board, equal to  (i)  the  difference
13    between  the  amount  of  employee and employer contributions
14    transferred to the System  under  Section  7-139.7,  and  the
15    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        (i)  The  total  amount  of  eligible  creditable service
21    established by any person under subsections  (g),  (h),  (j),
22    (k),  and  (l),  and  (m) of this Section shall not exceed 12
23    years.
24        (j)  Subject to the  limitation  in  subsection  (i),  an
25    investigator   for   the  Office  of  the  State's  Attorneys
26    Appellate Prosecutor or a controlled substance inspector  may
27    elect  to  establish eligible creditable service for up to 10
28    years of his service as a policeman  under  Article  3  or  a
29    sheriff's law enforcement employee under Article 7, by filing
30    a  written election with the Board, accompanied by payment of
31    an amount to be determined by the Board,  equal  to  (1)  the
32    difference  between  the  amount  of  employee  and  employer
33    contributions transferred to the System under Section 3-110.6
34    or  7-139.8, and the amounts that would have been contributed
 
                            -17-               LRB9102040EGfg
 1    had such contributions been made at the rates  applicable  to
 2    State  policemen,  plus (2) interest thereon at the effective
 3    rate for each year, compounded annually,  from  the  date  of
 4    service to the date of payment.
 5        (k)  Subject  to the limitation in subsection (i) of this
 6    Section,  an  alternative  formula  employee  may  elect   to
 7    establish  eligible creditable service for periods spent as a
 8    full-time law enforcement officer  or  full-time  corrections
 9    officer  employed  by the federal government or by a state or
10    local government  located  outside  of  Illinois,  for  which
11    credit  is not held in any other public employee pension fund
12    or retirement system.  To obtain this credit,  the  applicant
13    must  file  a written application with the Board by March 31,
14    1998, accompanied by evidence of  eligibility  acceptable  to
15    the  Board  and  payment of an amount to be determined by the
16    Board, equal to (1) employee  contributions  for  the  credit
17    being  established,  based upon the applicant's salary on the
18    first day  as  an  alternative  formula  employee  after  the
19    employment  for  which  credit  is  being established and the
20    rates then applicable to alternative formula employees,  plus
21    (2)  an  amount  determined by the Board to be the employer's
22    normal cost of the benefits  accrued  for  the  credit  being
23    established,  plus  (3)  regular  interest  on the amounts in
24    items (1) and (2)  from  the  first  day  as  an  alternative
25    formula  employee  after  the  employment for which credit is
26    being established to the date of payment.
27        (l)  Subject to  the  limitation  in  subsection  (i),  a
28    security employee of the Department of Corrections may elect,
29    not later than July 1, 1998, to establish eligible creditable
30    service  for  up  to  10  years  of  his  or her service as a
31    policeman under Article 3, by filing a written election  with
32    the  Board,  accompanied  by  payment  of  an  amount  to  be
33    determined  by the Board, equal to (i) the difference between
34    the amount of employee and employer contributions transferred
 
                            -18-               LRB9102040EGfg
 1    to the System under Section 3-110.5,  and  the  amounts  that
 2    would  have been contributed had such contributions been made
 3    at  the  rates  applicable  to  security  employees  of   the
 4    Department  of Corrections, plus (ii) interest thereon at the
 5    effective rate for each year, compounded annually,  from  the
 6    date of service to the date of payment.
 7        (m)  Subject  to  the  limitation  in  subsection (i), an
 8    investigator for the Office of the Attorney General may elect
 9    to establish eligible creditable service for up to  12  years
10    of  service  as  a  policeman  under  Article  3  or  5, as a
11    sheriff's law enforcement employee or  municipal  conservator
12    of  the  peace  under Article 7, or as a member of the County
13    Police Department  under  Article  9,  by  filing  a  written
14    election  with the Board, accompanied by payment of an amount
15    to be determined by the Board, equal to  (1)  the  difference
16    between  the  amount  of  employee and employer contributions
17    transferred to  the  System  under  Section  3-110.6,  5-236,
18    7-139.8,  or  9-121.10  and  the amounts that would have been
19    contributed had those contributions been made  at  the  rates
20    applicable  to  State policemen, plus (2) interest thereon at
21    the effective rate for each year, compounded  annually,  from
22    the date of service to the date of payment.
23    (Source: P.A.  89-136,  eff.  7-14-95;  89-445,  eff. 2-7-96;
24    89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)

25        Section 99. Effective date.  This Act takes  effect  upon
26    becoming law.

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