State of Illinois
91st General Assembly
Legislation

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91_HB4756

 
                                               LRB9114997EGfg

 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 8        (a)  Any  member  who has withdrawn from service with not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10    attained  age  55,  and  any  member  who  has withdrawn from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-                LRB9114997EGfg
 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        A person employed in one of the  positions  specified  in
34    this  subsection  is  entitled to eligible creditable service
 
                            -3-                LRB9114997EGfg
 1    for service credit earned under this Article while undergoing
 2    the basic police training course approved by the Illinois Law
 3    Enforcement Training Standards Board, if completion  of  that
 4    training  is  required  of  persons serving in that position.
 5    For the purposes of this Code, service  during  the  required
 6    basic  police  training course shall be deemed performance of
 7    the duties of the specified position, even though the  person
 8    is not a sworn peace officer at the time of the training.
 9        (c)  For the purposes of this Section:
10             (1)  The  term  "state policeman" includes any title
11        or position in the Department of  State  Police  that  is
12        held  by  an  individual  employed under the State Police
13        Act.  The term also includes the executive  director  and
14        any  member of the Department of State Police Merit Board
15        who has elected to receive  eligible  creditable  service
16        and  has  paid  to  the  System,  for his or her previous
17        service in that  capacity,  the  difference  between  the
18        employee  contributions  that would have been required if
19        that executive director or member had contributed at  the
20        rate  then  applicable  to  persons  receiving creditable
21        service and the employee contributions actually paid  for
22        that service, plus regular interest.
23             (2)  The  term  "fire fighter in the fire protection
24        service of a department" includes all  officers  in  such
25        fire   protection   service  including  fire  chiefs  and
26        assistant fire chiefs.
27             (3)  The term  "air  pilot"  includes  any  employee
28        whose  official job description on file in the Department
29        of Central Management Services, or in the  department  by
30        which he is employed if that department is not covered by
31        the Personnel Code, states that his principal duty is the
32        operation  of  aircraft,  and  who  possesses  a  pilot's
33        license;  however,  the change in this definition made by
34        this amendatory Act of 1983 shall not operate to  exclude
 
                            -4-                LRB9114997EGfg
 1        any  noncovered  employee  who was an "air pilot" for the
 2        purposes of this Section on January 1, 1984.
 3             (4)  The term "special agent" means any  person  who
 4        by  reason  of  employment  by  the  Division of Narcotic
 5        Control, the Bureau of Investigation or,  after  July  1,
 6        1977,   the   Division  of  Criminal  Investigation,  the
 7        Division  of  Internal  Investigation,  the  Division  of
 8        Operations,  or  any  other  Division  or  organizational
 9        entity in the Department of State Police is vested by law
10        with  duties  to  maintain  public   order,   investigate
11        violations of the criminal law of this State, enforce the
12        laws  of  this  State, make arrests and recover property.
13        The term "special agent" includes any title  or  position
14        in  the  Department  of  State  Police that is held by an
15        individual employed under the State Police Act.
16             (5)  The term "investigator  for  the  Secretary  of
17        State"  means  any  person  employed by the Office of the
18        Secretary of State and  vested  with  such  investigative
19        duties  as  render  him ineligible for coverage under the
20        Social Security Act by reason of  Sections  218(d)(5)(A),
21        218(d)(8)(D) and 218(l)(1) of that Act.
22             A  person who became employed as an investigator for
23        the Secretary  of  State  between  January  1,  1967  and
24        December  31,  1975,  and  who  has  served as such until
25        attainment of age  60,  either  continuously  or  with  a
26        single  break  in  service  of  not  more  than  3  years
27        duration,  which break terminated before January 1, 1976,
28        shall  be  entitled  to  have  his   retirement   annuity
29        calculated     in   accordance   with   subsection   (a),
30        notwithstanding that he has less than 20 years of  credit
31        for such service.
32             (6)  The  term  "Conservation  Police Officer" means
33        any person employed by the Division of Law Enforcement of
34        the Department of Natural Resources and vested with  such
 
                            -5-                LRB9114997EGfg
 1        law  enforcement  duties  as  render  him  ineligible for
 2        coverage under the  Social  Security  Act  by  reason  of
 3        Sections  218(d)(5)(A),  218(d)(8)(D),  and  218(l)(1) of
 4        that  Act.   The  term  "Conservation   Police   Officer"
 5        includes  the  positions  of  Chief  Conservation  Police
 6        Administrator    and    Assistant   Conservation   Police
 7        Administrator.
 8             (7)  The term "investigator for  the  Department  of
 9        Revenue"  means  any person employed by the Department of
10        Revenue and vested  with  such  investigative  duties  as
11        render  him  ineligible  for  coverage  under  the Social
12        Security  Act  by  reason   of   Sections   218(d)(5)(A),
13        218(d)(8)(D) and 218(l)(1) of that Act.
14             (8)  The  term  "security employee of the Department
15        of Human Services"  means  any  person  employed  by  the
16        Department  of  Human  Services  who  is  employed at the
17        Chester Mental Health Center and has daily  contact  with
18        the  residents  thereof, or who is a mental health police
19        officer.  "Mental health police officer" means any person
20        employed  by  the  Department  of  Human  Services  in  a
21        position pertaining to the Department's mental health and
22        developmental disabilities functions who is  vested  with
23        such   law   enforcement  duties  as  render  the  person
24        ineligible for coverage under the Social Security Act  by
25        reason   of   Sections   218(d)(5)(A),  218(d)(8)(D)  and
26        218(l)(1) of that Act.
27             (9)  "Central Management  Services  security  police
28        officer"  means  any person employed by the Department of
29        Central Management Services who is vested with  such  law
30        enforcement  duties as render him ineligible for coverage
31        under the Social  Security  Act  by  reason  of  Sections
32        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
33             (10)  The  term "security employee of the Department
34        of Corrections" means any employee of the  Department  of
 
                            -6-                LRB9114997EGfg
 1        Corrections  or  the  former Department of Personnel, and
 2        any member or employee of the Prisoner Review Board,  who
 3        has  daily  contact  with  inmates  by  working  within a
 4        correctional facility or who is a parole  officer  or  an
 5        employee who has direct contact with committed persons in
 6        the performance of his or her job duties.
 7             (11)  The  term "dangerous drugs investigator" means
 8        any person who is employed as such by the  Department  of
 9        Human Services.
10             (12)  The  term  "investigator for the Department of
11        State Police" means a person employed by  the  Department
12        of  State  Police  who  is  vested under Section 4 of the
13        Narcotic Control Division Abolition  Act  with  such  law
14        enforcement  powers as render him ineligible for coverage
15        under the Social  Security  Act  by  reason  of  Sections
16        218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
17             (13)  "Investigator  for  the Office of the Attorney
18        General" means any person who is employed as such by  the
19        Office  of  the  Attorney General and is vested with such
20        investigative  duties  as  render  him   ineligible   for
21        coverage  under  the  Social  Security  Act  by reason of
22        Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
23        Act.  For the period before January  1,  1989,  the  term
24        includes  all  persons who were employed as investigators
25        by the Office of the Attorney General, without regard  to
26        social security status.
27             (14)  "Controlled  substance  inspector"  means  any
28        person  who  is  employed  as  such  by the Department of
29        Professional Regulation  and  is  vested  with  such  law
30        enforcement  duties as render him ineligible for coverage
31        under the Social  Security  Act  by  reason  of  Sections
32        218(d)(5)(A),  218(d)(8)(D)  and  218(l)(1)  of that Act.
33        The term "controlled substance  inspector"  includes  the
34        Program   Executive  of  Enforcement  and  the  Assistant
 
                            -7-                LRB9114997EGfg
 1        Program Executive of Enforcement.
 2             (15)  The term "investigator for the Office  of  the
 3        State's  Attorneys  Appellate  Prosecutor" means a person
 4        employed in that capacity on a full time basis under  the
 5        authority  of  Section  7.06  of  the  State's  Attorneys
 6        Appellate Prosecutor's Act.
 7             (16)  "Commerce Commission police officer" means any
 8        person  employed  by the Illinois Commerce Commission who
 9        is vested with such law enforcement duties as render  him
10        ineligible  for coverage under the Social Security Act by
11        reason  of  Sections  218(d)(5)(A),   218(d)(8)(D),   and
12        218(l)(1) of that Act.
13             (17)  "Arson  investigator"  means any person who is
14        employed as such by the Office of the State Fire  Marshal
15        and  is vested with such law enforcement duties as render
16        the person  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.   A  person  who
19        was  employed as an arson investigator on January 1, 1995
20        and is no longer in  service  but  not  yet  receiving  a
21        retirement  annuity  may  convert  his  or her creditable
22        service for employment  as  an  arson  investigator  into
23        eligible  creditable  service by paying to the System the
24        difference between the  employee  contributions  actually
25        paid  for  that  service  and the amounts that would have
26        been contributed if the applicant  were  contributing  at
27        the  rate  applicable  to  persons  with  the same social
28        security status earning eligible  creditable  service  on
29        the date of application.
30        (d)  A   security   employee   of   the   Department   of
31    Corrections,  and  a  security  employee of the Department of
32    Human Services who is not a  mental  health  police  officer,
33    shall  not be eligible for the alternative retirement annuity
34    provided by this Section unless he or she meets the following
 
                            -8-                LRB9114997EGfg
 1    minimum  age  and  service  requirements  at  the   time   of
 2    retirement:
 3             (i)  25 years of eligible creditable service and age
 4        55; or
 5             (ii)  beginning   January   1,  1987,  25  years  of
 6        eligible creditable service and age 54, or  24  years  of
 7        eligible creditable service and age 55; or
 8             (iii)  beginning   January  1,  1988,  25  years  of
 9        eligible creditable service and age 53, or  23  years  of
10        eligible creditable service and age 55; or
11             (iv)  beginning   January   1,  1989,  25  years  of
12        eligible creditable service and age 52, or  22  years  of
13        eligible creditable service and age 55; or
14             (v)  beginning January 1, 1990, 25 years of eligible
15        creditable  service  and  age 51, or 21 years of eligible
16        creditable service and age 55; or
17             (vi)  beginning  January  1,  1991,  25   years   of
18        eligible  creditable  service  and age 50, or 20 years of
19        eligible creditable service and age 55.
20        Persons who have service credit under Article 16 of  this
21    Code  for service as a security employee of the Department of
22    Corrections  in  a  position  requiring  certification  as  a
23    teacher may count  such  service  toward  establishing  their
24    eligibility  under  the service requirements of this Section;
25    but such service may  be  used  only  for  establishing  such
26    eligibility,  and  not  for  the  purpose  of  increasing  or
27    calculating any benefit.
28        (e)  If a member enters military service while working in
29    a  position  in  which  eligible  creditable  service  may be
30    earned, and returns to State service in the same  or  another
31    such  position,  and  fulfills  in  all  other  respects  the
32    conditions prescribed in this Article for credit for military
33    service,  such military service shall be credited as eligible
34    creditable service for the purposes of the retirement annuity
 
                            -9-                LRB9114997EGfg
 1    prescribed in this Section.
 2        (f)  For purposes  of  calculating  retirement  annuities
 3    under   this  Section,  periods  of  service  rendered  after
 4    December 31, 1968 and before October 1,  1975  as  a  covered
 5    employee  in  the  position  of  special  agent, conservation
 6    police officer, mental health police officer, or investigator
 7    for the Secretary of State, shall  be  deemed  to  have  been
 8    service  as a noncovered employee, provided that the employee
 9    pays to the System prior to retirement an amount equal to (1)
10    the difference between the employee contributions that  would
11    have been required for such service as a noncovered employee,
12    and  the amount of employee contributions actually paid, plus
13    (2) if payment is made after July 31, 1987, regular  interest
14    on  the amount specified in item (1) from the date of service
15    to the date of payment.
16        For purposes of calculating  retirement  annuities  under
17    this  Section, periods of service rendered after December 31,
18    1968 and before January 1, 1982 as a covered employee in  the
19    position  of investigator for the Department of Revenue shall
20    be deemed to have been  service  as  a  noncovered  employee,
21    provided  that  the  employee  pays  to  the  System prior to
22    retirement an amount equal to (1) the difference between  the
23    employee contributions that would have been required for such
24    service  as a noncovered employee, and the amount of employee
25    contributions actually paid, plus  (2)  if  payment  is  made
26    after  January  1,  1990,  regular  interest  on  the  amount
27    specified in item (1) from the date of service to the date of
28    payment.
29        (g)  A  State policeman may elect, not later than January
30    1, 1990, to establish eligible creditable service for  up  to
31    10  years  of  his service as a policeman under Article 3, by
32    filing a written election  with  the  Board,  accompanied  by
33    payment  of an amount to be determined by the Board, equal to
34    (i)  the  difference  between  the  amount  of  employee  and
 
                            -10-               LRB9114997EGfg
 1    employer  contributions  transferred  to  the  System   under
 2    Section  3-110.5,  and  the  amounts  that  would  have  been
 3    contributed  had  such  contributions  been made at the rates
 4    applicable to State policemen, plus (ii) interest thereon  at
 5    the  effective  rate for each year, compounded annually, from
 6    the date of service to the date of payment.
 7        Subject to the limitation  in  subsection  (i),  a  State
 8    policeman  may  elect,  not  later  than  July  1,  1993,  to
 9    establish  eligible  creditable service for up to 10 years of
10    his service as a member of the County Police Department under
11    Article 9, by filing  a  written  election  with  the  Board,
12    accompanied  by  payment of an amount to be determined by the
13    Board, equal to (i) the  difference  between  the  amount  of
14    employee and employer contributions transferred to the System
15    under  Section  9-121.10 and the amounts that would have been
16    contributed had those contributions been made  at  the  rates
17    applicable  to State policemen, plus (ii) interest thereon at
18    the effective rate for each year, compounded  annually,  from
19    the date of service to the date of payment.
20        (h)  Subject to the limitation in subsection (i), a State
21    policeman  or  investigator  for  the  Secretary of State may
22    elect to establish eligible creditable service for up  to  12
23    years  of  his  service  as  a  policeman under Article 5, by
24    filing a written election with the Board on or before January
25    31, 1992, and paying to the System by  January  31,  1994  an
26    amount  to  be  determined  by  the  Board,  equal to (i) the
27    difference  between  the  amount  of  employee  and  employer
28    contributions transferred to the System under Section  5-236,
29    and  the  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        Subject  to  the  limitation  in  subsection (i), a State
 
                            -11-               LRB9114997EGfg
 1    policeman, conservation police officer, or  investigator  for
 2    the  Secretary  of  State  may  elect  to  establish eligible
 3    creditable service for  up  to  10  years  of  service  as  a
 4    sheriff's law enforcement employee under Article 7, by filing
 5    a  written  election  with the Board on or before January 31,
 6    1993, and paying to the System by January 31, 1994 an  amount
 7    to  be  determined  by the Board, equal to (i) the difference
 8    between the amount of  employee  and  employer  contributions
 9    transferred  to  the  System  under  Section 7-139.7, and the
10    amounts  that  would   have   been   contributed   had   such
11    contributions  been  made  at  the  rates applicable to State
12    policemen, plus (ii) interest thereon at the  effective  rate
13    for  each year, compounded annually, from the date of service
14    to the date of payment.
15        (i)  The total  amount  of  eligible  creditable  service
16    established  by  any  person under subsections (g), (h), (j),
17    (k), and (l) of this Section shall not exceed 12 years.
18        (j)  Subject to the  limitation  in  subsection  (i),  an
19    investigator   for   the  Office  of  the  State's  Attorneys
20    Appellate Prosecutor or a controlled substance inspector  may
21    elect  to  establish eligible creditable service for up to 10
22    years of his service as a policeman  under  Article  3  or  a
23    sheriff's law enforcement employee under Article 7, by filing
24    a  written election with the Board, accompanied by payment of
25    an amount to be determined by the Board,  equal  to  (1)  the
26    difference  between  the  amount  of  employee  and  employer
27    contributions transferred to the System under Section 3-110.6
28    or  7-139.8, and the amounts that would have been contributed
29    had such contributions been made at the rates  applicable  to
30    State  policemen,  plus (2) interest thereon at the effective
31    rate for each year, compounded annually,  from  the  date  of
32    service to the date of payment.
33        (k)  Subject  to the limitation in subsection (i) of this
34    Section,  an  alternative  formula  employee  may  elect   to
 
                            -12-               LRB9114997EGfg
 1    establish  eligible creditable service for periods spent as a
 2    full-time law enforcement officer  or  full-time  corrections
 3    officer  employed  by the federal government or by a state or
 4    local government  located  outside  of  Illinois,  for  which
 5    credit  is not held in any other public employee pension fund
 6    or retirement system.  To obtain this credit,  the  applicant
 7    must  file  a written application with the Board by March 31,
 8    1998, accompanied by evidence of  eligibility  acceptable  to
 9    the  Board  and  payment of an amount to be determined by the
10    Board, equal to (1) employee  contributions  for  the  credit
11    being  established,  based upon the applicant's salary on the
12    first day  as  an  alternative  formula  employee  after  the
13    employment  for  which  credit  is  being established and the
14    rates then applicable to alternative formula employees,  plus
15    (2)  an  amount  determined by the Board to be the employer's
16    normal cost of the benefits  accrued  for  the  credit  being
17    established,  plus  (3)  regular  interest  on the amounts in
18    items (1) and (2)  from  the  first  day  as  an  alternative
19    formula  employee  after  the  employment for which credit is
20    being established to the date of payment.
21        (l)  Subject to  the  limitation  in  subsection  (i),  a
22    security employee of the Department of Corrections may elect,
23    not later than July 1, 1998, to establish eligible creditable
24    service  for  up  to  10  years  of  his  or her service as a
25    policeman under Article 3, by filing a written election  with
26    the  Board,  accompanied  by  payment  of  an  amount  to  be
27    determined  by the Board, equal to (i) the difference between
28    the amount of employee and employer contributions transferred
29    to the System under Section 3-110.5,  and  the  amounts  that
30    would  have been contributed had such contributions been made
31    at  the  rates  applicable  to  security  employees  of   the
32    Department  of Corrections, plus (ii) interest thereon at the
33    effective rate for each year, compounded annually,  from  the
34    date of service to the date of payment.
 
                            -13-               LRB9114997EGfg
 1    (Source: P.A.  90-32,  eff.  6-27-97;  91-357,  eff. 7-29-99;
 2    91-760, eff. 1-1-01.)

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