State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

91_HB2869

 
                                               LRB9106803EGfg

 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 Section 14-110 as follows:

 6        (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
 7        Sec. 14-110.  Alternative retirement annuity.
 8        (a)  Any  member  who has withdrawn from service with not
 9    less than 20 years of eligible  creditable  service  and  has
10    attained  age  55,  and  any  member  who  has withdrawn from
11    service with not less than 25 years  of  eligible  creditable
12    service  and  has  attained age 50, regardless of whether the
13    attainment of either of the specified ages occurs  while  the
14    member  is  still in service, shall be entitled to receive at
15    the option of the member, in lieu of the regular  or  minimum
16    retirement   annuity,   a  retirement   annuity  computed  as
17    follows:
18             (i)  for  periods  of  service   as   a   noncovered
19        employee,  2  1/4% of final average compensation for each
20        of the first 10 years of creditable service, 2  1/2%  for
21        each  year  above  10  years to and including 20 years of
22        creditable  service,  and  2  3/4%  for  each   year   of
23        creditable service above 20 years; and
24             (ii)  for  periods of eligible creditable service as
25        a covered employee, 1.67% of final  average  compensation
26        for each of the first 10 years of such service, 1.90% for
27        each of the next 10 years of such service, 2.10% for each
28        year  of  such  service in excess of 20 but not exceeding
29        30, and 2.30% for each year in excess of 30.
30        Such annuity shall be subject to  a  maximum  of  75%  of
31    final   average  compensation.   These  rates  shall  not  be
 
                            -2-                LRB9106803EGfg
 1    applicable to any service performed by a member as a  covered
 2    employee  which  is not eligible creditable service.  Service
 3    as a  covered  employee  which  is  not  eligible  creditable
 4    service  shall  be  subject  to  the  rates and provisions of
 5    Section 14-108.
 6        (b)  For  the  purpose   of   this   Section,   "eligible
 7    creditable  service"  means creditable service resulting from
 8    service in one or more of the following positions:
 9             (1)  State policeman;
10             (2)  fire fighter in the fire protection service  of
11        a department;
12             (3)  air pilot;
13             (4)  special agent;
14             (5)  investigator for the Secretary of State;
15             (6)  conservation police officer;
16             (7)  investigator for the Department of Revenue;
17             (8)  security  employee  of  the Department of Human
18        Services;
19             (9)  Central  Management  Services  security  police
20        officer;
21             (10)  security  employee  of   the   Department   of
22        Corrections;
23             (11)  dangerous drugs investigator;
24             (12)  investigator   for  the  Department  of  State
25        Police;
26             (13)  investigator for the Office  of  the  Attorney
27        General;
28             (14)  controlled substance inspector;
29             (15)  investigator  for  the  Office  of the State's
30        Attorneys Appellate Prosecutor;
31             (16)  Commerce Commission police officer;
32             (17)  arson investigator;
33             (18)  State highway maintenance worker.
34        A person employed in one of the  positions  specified  in
 
                            -3-                LRB9106803EGfg
 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
 5    Standards Board, if completion of that training  is  required
 6    of  persons  serving  in  that position.  For the purposes of
 7    this Code, service during the required basic police  training
 8    course  shall  be  deemed  performance  of  the duties of the
 9    specified position, even though the person  is  not  a  sworn
10    peace officer at the 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-                LRB9106803EGfg
 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-                LRB9106803EGfg
 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 Human Services"  means  any  person  employed  by  the
 9        Department  of  Human  Services  who  is  employed at the
10        Chester Mental Health Center and has daily  contact  with
11        the  residents  thereof, or who is a mental health police
12        officer.  "Mental health police officer" means any person
13        employed  by  the  Department  of  Human  Services  in  a
14        position pertaining to the Department's mental health and
15        developmental disabilities functions who is  vested  with
16        such   law   enforcement  duties  as  render  the  person
17        ineligible for coverage under the Social Security Act  by
18        reason   of   Sections   218(d)(5)(A),  218(d)(8)(D)  and
19        218(l)(1) of that Act.
20             (9)  "Central Management  Services  security  police
21        officer"  means  any person employed by the Department of
22        Central Management Services who is vested with  such  law
23        enforcement  duties as render him ineligible for coverage
24        under the Social  Security  Act  by  reason  of  Sections
25        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
26             (10)  The  term "security employee of the Department
27        of Corrections" means any employee of the  Department  of
28        Corrections  or  the  former Department of Personnel, and
29        any member or employee of the Prisoner Review Board,  who
30        has  daily  contact  with  inmates  by  working  within a
31        correctional facility or who is a parole  officer  or  an
32        employee who has direct contact with committed persons in
33        the performance of his or her job duties.
34             (11)  The  term "dangerous drugs investigator" means
 
                            -6-                LRB9106803EGfg
 1        any person who is employed as such by the  Department  of
 2        Human Services.
 3             (12)  The  term  "investigator for the Department of
 4        State Police" means a person employed by  the  Department
 5        of  State  Police  who  is  vested under Section 4 of the
 6        Narcotic Control Division Abolition  Act  with  such  law
 7        enforcement  powers as render him ineligible for coverage
 8        under the Social  Security  Act  by  reason  of  Sections
 9        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
10             (13)  "Investigator  for  the Office of the Attorney
11        General" means any person who is employed as such by  the
12        Office  of  the  Attorney General and is vested with such
13        investigative  duties  as  render  him   ineligible   for
14        coverage  under  the  Social  Security  Act  by reason of
15        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
16        Act.  For the period before January  1,  1989,  the  term
17        includes  all  persons who were employed as investigators
18        by the Office of the Attorney General, without regard  to
19        social security status.
20             (14)  "Controlled  substance  inspector"  means  any
21        person  who  is  employed  as  such  by the Department of
22        Professional Regulation  and  is  vested  with  such  law
23        enforcement  duties as render him ineligible for coverage
24        under the Social  Security  Act  by  reason  of  Sections
25        218(d)(5)(A),  218(d)(8)(D)  and  218(l)(1)  of that Act.
26        The term "controlled substance  inspector"  includes  the
27        Program   Executive  of  Enforcement  and  the  Assistant
28        Program Executive of Enforcement.
29             (15)  The term "investigator for the Office  of  the
30        State's  Attorneys  Appellate  Prosecutor" means a person
31        employed in that capacity on a full time basis under  the
32        authority  of  Section  7.06  of  the  State's  Attorneys
33        Appellate Prosecutor's Act.
34             (16)  "Commerce Commission police officer" means any
 
                            -7-                LRB9106803EGfg
 1        person  employed  by the Illinois Commerce Commission who
 2        is vested with such law enforcement duties as render  him
 3        ineligible  for coverage under the Social Security Act by
 4        reason  of  Sections  218(d)(5)(A),   218(d)(8)(D),   and
 5        218(l)(1) of that Act.
 6             (17)  "Arson  investigator"  means any person who is
 7        employed as such by the Office of the State Fire  Marshal
 8        and  is vested with such law enforcement duties as render
 9        the person  ineligible  for  coverage  under  the  Social
10        Security   Act   by   reason  of  Sections  218(d)(5)(A),
11        218(d)(8)(D), and 218(l)(1) of that Act.   A  person  who
12        was  employed as an arson investigator on January 1, 1995
13        and is no longer in  service  but  not  yet  receiving  a
14        retirement  annuity  may  convert  his  or her creditable
15        service for employment  as  an  arson  investigator  into
16        eligible  creditable  service by paying to the System the
17        difference between the  employee  contributions  actually
18        paid  for  that  service  and the amounts that would have
19        been contributed if the applicant  were  contributing  at
20        the  rate  applicable  to  persons  with  the same social
21        security status earning eligible  creditable  service  on
22        the date of application.
23             (18)  The  term  "State  highway maintenance worker"
24        means (i) a person employed on a full-time basis  by  the
25        Illinois  Department  of  Transportation, whose principal
26        responsibility  is  to  perform  the  actual  maintenance
27        necessary to keep the highways that form a  part  of  the
28        State   highway   system  in  serviceable  condition  for
29        vehicular traffic,  and  (ii)  a  person  employed  on  a
30        full-time  basis  by  the  Illinois  State  Toll  Highway
31        Authority,  whose  principal responsibility is to perform
32        the actual maintenance necessary to keep the  Authority's
33        tollways in serviceable condition for vehicular traffic.
34        (d)  A   security   employee   of   the   Department   of
 
                            -8-                LRB9106803EGfg
 1    Corrections,  and  a  security  employee of the Department of
 2    Human Services who is not a  mental  health  police  officer,
 3    shall  not be eligible for the alternative retirement annuity
 4    provided by this Section unless he or she meets the following
 5    minimum  age  and  service  requirements  at  the   time   of
 6    retirement:
 7             (i)  25 years of eligible creditable service and age
 8        55; or
 9             (ii)  beginning   January   1,  1987,  25  years  of
10        eligible creditable service and age 54, or  24  years  of
11        eligible creditable service and age 55; or
12             (iii)  beginning   January  1,  1988,  25  years  of
13        eligible creditable service and age 53, or  23  years  of
14        eligible creditable service and age 55; or
15             (iv)  beginning   January   1,  1989,  25  years  of
16        eligible creditable service and age 52, or  22  years  of
17        eligible creditable service and age 55; or
18             (v)  beginning January 1, 1990, 25 years of eligible
19        creditable  service  and  age 51, or 21 years of eligible
20        creditable service and age 55; or
21             (vi)  beginning  January  1,  1991,  25   years   of
22        eligible  creditable  service  and age 50, or 20 years of
23        eligible creditable service and age 55.
24        Persons who have service credit under Article 16 of  this
25    Code  for service as a security employee of the Department of
26    Corrections  in  a  position  requiring  certification  as  a
27    teacher may count  such  service  toward  establishing  their
28    eligibility  under  the service requirements of this Section;
29    but such service may  be  used  only  for  establishing  such
30    eligibility,  and  not  for  the  purpose  of  increasing  or
31    calculating any benefit.
32        (e)  If a member enters military service while working in
33    a  position  in  which  eligible  creditable  service  may be
34    earned, and returns to State service in the same  or  another
 
                            -9-                LRB9106803EGfg
 1    such  position,  and  fulfills  in  all  other  respects  the
 2    conditions prescribed in this Article for credit for military
 3    service,  such military service shall be credited as eligible
 4    creditable service for the purposes of the retirement annuity
 5    prescribed in this Section.
 6        (f)  For purposes  of  calculating  retirement  annuities
 7    under   this  Section,  periods  of  service  rendered  after
 8    December 31, 1968 and before October 1,  1975  as  a  covered
 9    employee  in  the  position  of  special  agent, conservation
10    police officer, mental health police officer, or investigator
11    for the Secretary of State, shall  be  deemed  to  have  been
12    service  as a noncovered employee, provided that the employee
13    pays to the System prior to retirement an amount equal to (1)
14    the difference between the employee contributions that  would
15    have been required for such service as a noncovered employee,
16    and  the amount of employee contributions actually paid, plus
17    (2) if payment is made after July 31, 1987, regular  interest
18    on  the amount specified in item (1) from the date of service
19    to the date of payment.
20        For purposes of calculating  retirement  annuities  under
21    this  Section, periods of service rendered after December 31,
22    1968 and before January 1, 1982 as a covered employee in  the
23    position  of investigator for the Department of Revenue shall
24    be deemed to have been  service  as  a  noncovered  employee,
25    provided  that  the  employee  pays  to  the  System prior to
26    retirement an amount equal to (1) the difference between  the
27    employee contributions that would have been required for such
28    service  as a noncovered employee, and the amount of employee
29    contributions actually paid, plus  (2)  if  payment  is  made
30    after  January  1,  1990,  regular  interest  on  the  amount
31    specified in item (1) from the date of service to the date of
32    payment.
33        (g)  A  State policeman may elect, not later than January
34    1, 1990, to establish eligible creditable service for  up  to
 
                            -10-               LRB9106803EGfg
 1    10  years  of  his service as a policeman under Article 3, by
 2    filing a written election  with  the  Board,  accompanied  by
 3    payment  of an amount to be determined by the Board, equal to
 4    (i)  the  difference  between  the  amount  of  employee  and
 5    employer  contributions  transferred  to  the  System   under
 6    Section  3-110.5,  and  the  amounts  that  would  have  been
 7    contributed  had  such  contributions  been made at the rates
 8    applicable to State policemen, plus (ii) interest thereon  at
 9    the  effective  rate for each year, compounded annually, from
10    the date of service to the date of payment.
11        Subject to the limitation  in  subsection  (i),  a  State
12    policeman  may  elect,  not  later  than  July  1,  1993,  to
13    establish  eligible  creditable service for up to 10 years of
14    his service as a member of the County Police Department under
15    Article 9, by filing  a  written  election  with  the  Board,
16    accompanied  by  payment of an amount to be determined by the
17    Board, equal to (i) the  difference  between  the  amount  of
18    employee and employer contributions transferred to the System
19    under  Section  9-121.10 and the amounts that would have been
20    contributed had those contributions been made  at  the  rates
21    applicable  to State policemen, plus (ii) interest thereon at
22    the effective rate for each year, compounded  annually,  from
23    the date of service to the date of payment.
24        (h)  Subject to the limitation in subsection (i), a State
25    policeman  or  investigator  for  the  Secretary of State may
26    elect to establish eligible creditable service for up  to  12
27    years  of  his  service  as  a  policeman under Article 5, by
28    filing a written election with the Board on or before January
29    31, 1992, and paying to the System by  January  31,  1994  an
30    amount  to  be  determined  by  the  Board,  equal to (i) the
31    difference  between  the  amount  of  employee  and  employer
32    contributions transferred to the System under Section  5-236,
33    and  the  amounts  that  would have been contributed had such
34    contributions been made at  the  rates  applicable  to  State
 
                            -11-               LRB9106803EGfg
 1    policemen,  plus  (ii) interest thereon at the effective rate
 2    for each year, compounded annually, from the date of  service
 3    to the date of payment.
 4        Subject  to  the  limitation  in  subsection (i), a State
 5    policeman, conservation police officer, or  investigator  for
 6    the  Secretary  of  State  may  elect  to  establish eligible
 7    creditable service for  up  to  10  years  of  service  as  a
 8    sheriff's law enforcement employee under Article 7, by filing
 9    a  written  election  with the Board on or before January 31,
10    1993, and paying to the System by January 31, 1994 an  amount
11    to  be  determined  by the Board, equal to (i) the difference
12    between the amount of  employee  and  employer  contributions
13    transferred  to  the  System  under  Section 7-139.7, and the
14    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        (i)  The total  amount  of  eligible  creditable  service
20    established  by  any  person under subsections (g), (h), (j),
21    (k), and (l) of this Section shall not exceed 12 years.
22        (j)  Subject to the  limitation  in  subsection  (i),  an
23    investigator   for   the  Office  of  the  State's  Attorneys
24    Appellate Prosecutor or a controlled substance inspector  may
25    elect  to  establish eligible creditable service for up to 10
26    years of his service as a policeman  under  Article  3  or  a
27    sheriff's law enforcement employee under Article 7, by filing
28    a  written election with the Board, accompanied by payment of
29    an amount to be determined by the Board,  equal  to  (1)  the
30    difference  between  the  amount  of  employee  and  employer
31    contributions transferred to the System under Section 3-110.6
32    or  7-139.8, and the amounts that would have been contributed
33    had such contributions been made at the rates  applicable  to
34    State  policemen,  plus (2) interest thereon at the effective
 
                            -12-               LRB9106803EGfg
 1    rate for each year, compounded annually,  from  the  date  of
 2    service to the date of payment.
 3        (k)  Subject  to the limitation in subsection (i) of this
 4    Section,  an  alternative  formula  employee  may  elect   to
 5    establish  eligible creditable service for periods spent as a
 6    full-time law enforcement officer  or  full-time  corrections
 7    officer  employed  by the federal government or by a state or
 8    local government  located  outside  of  Illinois,  for  which
 9    credit  is not held in any other public employee pension fund
10    or retirement system.  To obtain this credit,  the  applicant
11    must  file  a written application with the Board by March 31,
12    1998, accompanied by evidence of  eligibility  acceptable  to
13    the  Board  and  payment of an amount to be determined by the
14    Board, equal to (1) employee  contributions  for  the  credit
15    being  established,  based upon the applicant's salary on the
16    first day  as  an  alternative  formula  employee  after  the
17    employment  for  which  credit  is  being established and the
18    rates then applicable to alternative formula employees,  plus
19    (2)  an  amount  determined by the Board to be the employer's
20    normal cost of the benefits  accrued  for  the  credit  being
21    established,  plus  (3)  regular  interest  on the amounts in
22    items (1) and (2)  from  the  first  day  as  an  alternative
23    formula  employee  after  the  employment for which credit is
24    being established to the date of payment.
25        (l)  Subject to  the  limitation  in  subsection  (i),  a
26    security employee of the Department of Corrections may elect,
27    not later than July 1, 1998, to establish eligible creditable
28    service  for  up  to  10  years  of  his  or her service as a
29    policeman under Article 3, by filing a written election  with
30    the  Board,  accompanied  by  payment  of  an  amount  to  be
31    determined  by the Board, equal to (i) the difference between
32    the amount of employee and employer contributions transferred
33    to the System under Section 3-110.5,  and  the  amounts  that
34    would  have been contributed had such contributions been made
 
                            -13-               LRB9106803EGfg
 1    at  the  rates  applicable  to  security  employees  of   the
 2    Department  of Corrections, plus (ii) interest thereon at the
 3    effective rate for each year, compounded annually,  from  the
 4    date of service to the date of payment.
 5    (Source: P.A.  89-136,  eff.  7-14-95;  89-445,  eff. 2-7-96;
 6    89-507, eff. 7-1-97; 90-32, eff. 6-27-97; revised 7-10-98.)

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.

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