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Public Act 91-0760
SB1841 Enrolled LRB9111609JMprB
AN ACT to codify State statutes to conform those statutes
to existing State agency administrative practices in order to
remedy audit findings made by the Auditor General.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 30. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2605-25, 2605-30, 2605-35, 2605-40, 2605-45,
2605-220, 2605-250, 2605-377, and 2605-380 as follows:
(20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
Sec. 2605-25. Department divisions. The Department is
divided into the Illinois State Police Academy and 4 5
divisions: the Division of Operations State Troopers, the
Division of Criminal Investigation, the Division of Forensic
Services, the Division of Administration, and the Division of
Internal Investigation.
(Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
Sec. 2605-30. Division of Operations (formerly State
Troopers). The Division of Operations State Troopers shall
exercise the following functions and those in Section
2605-35:
(1) Cooperate with federal and State authorities
requesting utilization of the Department's radio network
system under the Illinois Aeronautics Act.
(2) Exercise the rights, powers, and duties of the
State Police under the State Police Act.
(3) Exercise the rights, powers, and duties vested
by law in the Department by the State Police Radio Act.
(4) Exercise the rights, powers, and duties of the
Department vested by law in the Department and the
Illinois State Police by the Illinois Vehicle Code.
(5) Exercise other duties that have been or may be
vested by law in the Illinois State Police.
(6) Exercise other duties that may be assigned by
the Director in order to fulfill the responsibilities and
to achieve the purposes of the Department.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
Sec. 2605-35. Division of Operations (formerly Criminal
Investigation).
(a) The Division of Operations Criminal Investigation
shall exercise the following functions and those in Section
2605-30:
(1) Exercise the rights, powers, and duties vested
by law in the Department by the Illinois Horse Racing Act
of 1975.
(2) Investigate the origins, activities, personnel,
and incidents of crime and enforce the criminal laws of
this State related thereto.
(3) Enforce all laws regulating the production,
sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing,
delivering, distributing, or use of controlled substances
and cannabis.
(4) Cooperate with the police of cities, villages,
and incorporated towns and with the police officers of
any county in enforcing the laws of the State and in
making arrests and recovering property.
(5) Apprehend and deliver up any person charged in
this State or any other state with treason or a felony or
other crime who has fled from justice and is found in
this State.
(6) Investigate recipients and providers under the
Illinois Public Aid Code and any personnel involved in
the administration of the Code who are suspected of any
violation of the Code pertaining to fraud in the
administration, receipt, or provision of assistance and
pertaining to any violation of criminal law; and exercise
the functions required under Section 2605-220 in the
conduct of those investigations.
(7) Conduct other investigations as provided by law.
(8) Exercise the powers and perform the duties that
have been vested in the Department by the Sex Offender
Registration Act and the Sex Offender and Child Murderer
Community Notification Law; and promulgate reasonable
rules and regulations necessitated thereby.
(9) Exercise other duties that may be assigned by
the Director in order to fulfill the responsibilities and
achieve the purposes of the Department.
(b) There is hereby established in the Division of
Operations Criminal Investigation the Office of Coordination
of Gang Prevention, hereafter referred to as the Office.
The Office shall consult with units of local government
and school districts to assist them in gang control
activities and to administer a system of grants to units of
local government and school districts that, upon application,
have demonstrated a workable plan to reduce gang activity in
their area. The grants shall not include reimbursement for
personnel, nor shall they exceed 75% of the total request by
any applicant. The grants may be calculated on a
proportional basis, determined by funds available to the
Department for this purpose. The Department has the
authority to promulgate appropriate rules and regulations to
administer this program.
The Office shall establish mobile units of trained
personnel to respond to gang activities.
The Office shall also consult with and use the services
of religious leaders and other celebrities to assist in gang
control activities.
The Office may sponsor seminars, conferences, or any
other educational activity to assist communities in their
gang crime control activities.
(Source: P.A. 90-193, eff. 7-24-97; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
Sec. 2605-40. Division of Forensic Services. The
Division of Forensic Services shall exercise the following
functions:
(1) Exercise the rights, powers, and duties vested
by law in the Department by the Criminal Identification
Act.
(2) Exercise the rights, powers, and duties vested
by law in the Department by Section 2605-300 of this Law.
(3) Provide assistance to local law enforcement
agencies through training, management, and consultant
services.
(4) (Blank) Exercise the rights, powers, and duties
vested by law in the Department by the Firearm Owners
Identification Card Act.
(5) Exercise other duties that may be assigned by
the Director in order to fulfill the responsibilities and
achieve the purposes of the Department.
(6) Establish and operate a forensic science
laboratory system, including a forensic toxicological
laboratory service, for the purpose of testing specimens
submitted by coroners and other law enforcement officers
in their efforts to determine whether alcohol, drugs, or
poisonous or other toxic substances have been involved in
deaths, accidents, or illness. Forensic toxicological
laboratories shall be established in Springfield,
Chicago, and elsewhere in the State as needed.; and
(7) 7. Subject to specific appropriations made for
these purposes, to establish and coordinate a system for
providing accurate and expedited forensic science and
other investigative and laboratory services to local law
enforcement agencies and local State's Attorneys in aid
of the investigation and trial of capital cases.
(Source: P.A. 90-130, eff. 1-1-98; 91-239, eff. 1-1-00;
91-589, eff. 1-1-00; revised 10-26-99.)
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
Sec. 2605-45. Division of Administration. The Division of
Administration shall exercise the following functions:
(1) Exercise the rights, powers, and duties vested
in the Department by the Bureau of the Budget Act.
(2) Pursue research and the publication of studies
pertaining to local law enforcement activities.
(3) Exercise the rights, powers, and duties vested
in the Department by the Personnel Code.
(4) Operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity.
(5) Exercise the rights, powers, and duties vested
in the former Division of State Troopers by Section 17 of
the State Police Act.
(6) Exercise the rights, powers, and duties vested
in the Department by "An Act relating to internal
auditing in State government", approved August 11, 1967
(repealed; now the Fiscal Control and Internal Auditing
Act, 30 ILCS 10/).
(6.5) Exercise the rights, powers, and duties
vested in the Department by the Firearm Owners
Identification Card Act.
(7) Exercise other duties that may be assigned by
the Director to fulfill the responsibilities and achieve
the purposes of the Department.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-220) (was 20 ILCS 2605/55a-7)
Sec. 2605-220. Public aid fraud investigations. The
Department, through the Division of Operations Criminal
Investigation, shall investigate recipients and providers
under the Illinois Public Aid Code and any personnel involved
in the administration of the Code who are suspected of any
violations of the Code pertaining to fraud in the
administration, receipt, or provision of assistance and
pertaining to any violation of criminal law. The Department
shall, in addition to functions otherwise authorized by State
and federal law, exercise the following functions:
(1) Initiate investigations of suspected cases of
public aid fraud.
(2) Investigate cases of public aid fraud.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-250) (was 20 ILCS 2605/55a in part)
Sec. 2605-250. Obtaining evidence. To expend the sums
the Director deems necessary from contractual services
appropriations for the Division of Operations Criminal
Investigation for the purchase of evidence and for the
employment of persons to obtain evidence. The sums shall be
advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff.
7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part)
Sec. 2605-377. Department of Public Aid; LEADS access.
(a) The Illinois Department of Public Aid is an
authorized entity under this Law for the purpose of
exchanging information, in the form and manner required by
the Department of State Police, to facilitate the location of
individuals for establishing paternity, and establishing,
modifying, and enforcing child support obligations, pursuant
to the Illinois Public Aid Code and Title IV, Part D of the
Social Security Act.
(b) The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Illinois
Public Aid Code and Title IV, Part D of the Social Security
Act. The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff.
7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-380) (was 20 ILCS 2605/55a-8)
Sec. 2605-380. Dental records. The Department shall do
the following:
(1) Coordinate Operate a State participation in a
national central repository for dental records of missing
persons and unidentified dead bodies.
(2) Receive and file dental records submitted by
county medical examiners and coroners from unidentified
dead bodies and submitted by law enforcement agencies
from persons reported missing for more than 30 days.
(3) Provide information from the file on possible
identifications resulting from the comparison of dental
records submitted with those records on file, to county
medical examiners, coroners, and law enforcement
agencies.
(4) Expunge the dental records of those missing
persons who are found, and expunge from the file the
dental records of missing persons who are positively
identified as a result of comparisons made with this file
or the files maintained by other states, territories,
insular possessions of the United States, or the United
States.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 40. The State Finance Act is amended by changing
Section 8.3 as follows:
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and
payable, and for no other purpose. The surplus, if any, in
the Road Fund after the payment of principal and interest on
that bonded indebtedness then annually due shall be used as
follows:
first -- to pay the cost of administration of
Chapters 2 through 10 of the Illinois Vehicle Code,
except the cost of administration of Articles I and II of
Chapter 3 of that Code; and
secondly -- for expenses of the Department of
Transportation for construction, reconstruction,
improvement, repair, maintenance, operation, and
administration of highways in accordance with the
provisions of laws relating thereto, or for any purpose
related or incident to and connected therewith, including
the separation of grades of those highways with railroads
and with highways and including the payment of awards
made by the Industrial Commission under the terms of the
Workers' Compensation Act or Workers' Occupational
Diseases Act for injury or death of an employee of the
Division of Highways in the Department of Transportation;
or for the acquisition of land and the erection of
buildings for highway purposes, including the acquisition
of highway right-of-way or for investigations to
determine the reasonably anticipated future highway
needs; or for making of surveys, plans, specifications
and estimates for and in the construction and maintenance
of flight strips and of highways necessary to provide
access to military and naval reservations, to defense
industries and defense-industry sites, and to the sources
of raw materials and for replacing existing highways and
highway connections shut off from general public use at
military and naval reservations and defense-industry
sites, or for the purchase of right-of-way, except that
the State shall be reimbursed in full for any expense
incurred in building the flight strips; or for the
operating and maintaining of highway garages; or for
patrolling and policing the public highways and
conserving the peace; or for any of those purposes or any
other purpose that may be provided by law.
Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following
Departments or agencies of State government for
administration, grants, or operations; but this limitation is
not a restriction upon appropriating for those purposes any
Road Fund monies that are eligible for federal reimbursement;
1. Department of Public Health;
2. Department of Transportation, only with respect
to subsidies for one-half fare Student Transportation and
Reduced Fare for Elderly;
3. Department of Central Management Services,
except for expenditures incurred for group insurance
premiums of appropriate personnel;
4. Judicial Systems and Agencies.
Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following
Departments or agencies of State government for
administration, grants, or operations; but this limitation is
not a restriction upon appropriating for those purposes any
Road Fund monies that are eligible for federal reimbursement:
1. Department of State Police, except for
expenditures with respect to the Division of Operations
State Troopers;
2. Department of Transportation, only with respect
to Intercity Rail Subsidies and Rail Freight Services.
Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following
Departments or agencies of State government for
administration, grants, or operations; but this limitation is
not a restriction upon appropriating for those purposes any
Road Fund monies that are eligible for federal reimbursement:
Department of Central Management Services, except for awards
made by the Industrial Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following
Departments or agencies of State government for
administration, grants, or operations; but this limitation is
not a restriction upon appropriating for those purposes any
Road Fund monies that are eligible for federal reimbursement:
1. Department of State Police, except not more than
40% of the funds appropriated for the Division of
Operations State Troopers;
2. State Officers.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road
Fund monies that are eligible for federal reimbursement. It
shall not be lawful to circumvent the above appropriation
limitations by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction
of permanent highways, be set aside and used for the purpose
of paying and discharging during each fiscal year the
principal and interest on that bonded indebtedness as it
becomes due and payable as provided in the Transportation
Bond Act, and for no other purpose. The surplus, if any, in
the Road Fund after the payment of principal and interest on
that bonded indebtedness then annually due shall be used as
follows:
first -- to pay the cost of administration of
Chapters 2 through 10 of the Illinois Vehicle Code; and
secondly -- no Road Fund monies derived from fees,
excises, or license taxes relating to registration,
operation and use of vehicles on public highways or to
fuels used for the propulsion of those vehicles, shall be
appropriated or expended other than for costs of
administering the laws imposing those fees, excises, and
license taxes, statutory refunds and adjustments allowed
thereunder, administrative costs of the Department of
Transportation, payment of debts and liabilities incurred
in construction and reconstruction of public highways and
bridges, acquisition of rights-of-way for and the cost of
construction, reconstruction, maintenance, repair, and
operation of public highways and bridges under the
direction and supervision of the State, political
subdivision, or municipality collecting those monies, and
the costs for patrolling and policing the public highways
(by State, political subdivision, or municipality
collecting that money) for enforcement of traffic laws.
The separation of grades of such highways with railroads
and costs associated with protection of at-grade highway
and railroad crossing shall also be permissible.
Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as
provided in Section 8 of the Motor Fuel Tax Law.
Beginning with fiscal year 1991 and thereafter, no Road
Fund monies shall be appropriated to the Department of State
Police for the purposes of this Section in excess of its
total fiscal year 1990 Road Fund appropriations for those
purposes unless otherwise provided in Section 5g of this Act.
It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods unless otherwise provided in Section 5g of this Act.
In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of
this Section in excess of the total fiscal year 1991 Road
Fund appropriations to the Secretary of State for those
purposes, plus $9,800,000. It shall not be lawful to
circumvent this limitation on appropriations by governmental
reorganization or other method.
Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State
for the purposes of this Section in excess of the total
fiscal year 1994 Road Fund appropriations to the Secretary of
State for those purposes. It shall not be lawful to
circumvent this limitation on appropriations by governmental
reorganization or other methods.
Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
Fiscal Year 2000 $80,500,000;
Fiscal Year 2001 $80,500,000;
Fiscal Year 2002 $80,500,000;
Fiscal Year 2003 $80,500,000;
Fiscal Year 2004 and
each year thereafter $30,500,000.
It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations
imposed by this Section for fiscal year 1984 and thereafter,
insofar as appropriation of Road Fund monies is concerned.
Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e
of this Act.
(Source: P.A. 91-37, eff. 7-1-99.)
Section 50. The Illinois Pension Code is amended by
changing Section 14-110 as follows:
(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
Sec. 14-110. Alternative retirement annuity.
(a) Any member who has withdrawn from service with not
less than 20 years of eligible creditable service and has
attained age 55, and any member who has withdrawn from
service with not less than 25 years of eligible creditable
service and has attained age 50, regardless of whether the
attainment of either of the specified ages occurs while the
member is still in service, shall be entitled to receive at
the option of the member, in lieu of the regular or minimum
retirement annuity, a retirement annuity computed as
follows:
(i) for periods of service as a noncovered
employee, 2 1/4% of final average compensation for each
of the first 10 years of creditable service, 2 1/2% for
each year above 10 years to and including 20 years of
creditable service, and 2 3/4% for each year of
creditable service above 20 years; and
(ii) for periods of eligible creditable service as
a covered employee, 1.67% of final average compensation
for each of the first 10 years of such service, 1.90% for
each of the next 10 years of such service, 2.10% for each
year of such service in excess of 20 but not exceeding
30, and 2.30% for each year in excess of 30.
Such annuity shall be subject to a maximum of 75% of
final average compensation. These rates shall not be
applicable to any service performed by a member as a covered
employee which is not eligible creditable service. Service
as a covered employee which is not eligible creditable
service shall be subject to the rates and provisions of
Section 14-108.
(b) For the purpose of this Section, "eligible
creditable service" means creditable service resulting from
service in one or more of the following positions:
(1) State policeman;
(2) fire fighter in the fire protection service of
a department;
(3) air pilot;
(4) special agent;
(5) investigator for the Secretary of State;
(6) conservation police officer;
(7) investigator for the Department of Revenue;
(8) security employee of the Department of Human
Services;
(9) Central Management Services security police
officer;
(10) security employee of the Department of
Corrections;
(11) dangerous drugs investigator;
(12) investigator for the Department of State
Police;
(13) investigator for the Office of the Attorney
General;
(14) controlled substance inspector;
(15) investigator for the Office of the State's
Attorneys Appellate Prosecutor;
(16) Commerce Commission police officer;
(17) arson investigator.
A person employed in one of the positions specified in
this subsection is entitled to eligible creditable service
for service credit earned under this Article while undergoing
the basic police training course approved by the Illinois Law
Enforcement Training Standards Board, if completion of that
training is required of persons serving in that position.
For the purposes of this Code, service during the required
basic police training course shall be deemed performance of
the duties of the specified position, even though the person
is not a sworn peace officer at the time of the training.
(c) For the purposes of this Section:
(1) The term "state policeman" includes any title
or position in the Department of State Police that is
held by an individual employed under the State Police
Act.
(2) The term "fire fighter in the fire protection
service of a department" includes all officers in such
fire protection service including fire chiefs and
assistant fire chiefs.
(3) The term "air pilot" includes any employee
whose official job description on file in the Department
of Central Management Services, or in the department by
which he is employed if that department is not covered by
the Personnel Code, states that his principal duty is the
operation of aircraft, and who possesses a pilot's
license; however, the change in this definition made by
this amendatory Act of 1983 shall not operate to exclude
any noncovered employee who was an "air pilot" for the
purposes of this Section on January 1, 1984.
(4) The term "special agent" means any person who
by reason of employment by the Division of Narcotic
Control, the Bureau of Investigation or, after July 1,
1977, the Division of Criminal Investigation, the
Division of Internal Investigation, the Division of
Operations, or any other Division or organizational
entity in the Department of State Police is vested by law
with duties to maintain public order, investigate
violations of the criminal law of this State, enforce the
laws of this State, make arrests and recover property.
The term "special agent" includes any title or position
in the Department of State Police that is held by an
individual employed under the State Police Act.
(5) The term "investigator for the Secretary of
State" means any person employed by the Office of the
Secretary of State and vested with such investigative
duties as render him ineligible for coverage under the
Social Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
A person who became employed as an investigator for
the Secretary of State between January 1, 1967 and
December 31, 1975, and who has served as such until
attainment of age 60, either continuously or with a
single break in service of not more than 3 years
duration, which break terminated before January 1, 1976,
shall be entitled to have his retirement annuity
calculated in accordance with subsection (a),
notwithstanding that he has less than 20 years of credit
for such service.
(6) The term "Conservation Police Officer" means
any person employed by the Division of Law Enforcement of
the Department of Natural Resources and vested with such
law enforcement duties as render him ineligible for
coverage under the Social Security Act by reason of
Sections 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of
that Act. The term "Conservation Police Officer"
includes the positions of Chief Conservation Police
Administrator and Assistant Conservation Police
Administrator.
(7) The term "investigator for the Department of
Revenue" means any person employed by the Department of
Revenue and vested with such investigative duties as
render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
(8) The term "security employee of the Department
of Human Services" means any person employed by the
Department of Human Services who is employed at the
Chester Mental Health Center and has daily contact with
the residents thereof, or who is a mental health police
officer. "Mental health police officer" means any person
employed by the Department of Human Services in a
position pertaining to the Department's mental health and
developmental disabilities functions who is vested with
such law enforcement duties as render the person
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
218(l)(1) of that Act.
(9) "Central Management Services security police
officer" means any person employed by the Department of
Central Management Services who is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(10) The term "security employee of the Department
of Corrections" means any employee of the Department of
Corrections or the former Department of Personnel, and
any member or employee of the Prisoner Review Board, who
has daily contact with inmates by working within a
correctional facility or who is a parole officer or an
employee who has direct contact with committed persons in
the performance of his or her job duties.
(11) The term "dangerous drugs investigator" means
any person who is employed as such by the Department of
Human Services.
(12) The term "investigator for the Department of
State Police" means a person employed by the Department
of State Police who is vested under Section 4 of the
Narcotic Control Division Abolition Act with such law
enforcement powers as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(13) "Investigator for the Office of the Attorney
General" means any person who is employed as such by the
Office of the Attorney General and is vested with such
investigative duties as render him ineligible for
coverage under the Social Security Act by reason of
Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
Act. For the period before January 1, 1989, the term
includes all persons who were employed as investigators
by the Office of the Attorney General, without regard to
social security status.
(14) "Controlled substance inspector" means any
person who is employed as such by the Department of
Professional Regulation and is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
The term "controlled substance inspector" includes the
Program Executive of Enforcement and the Assistant
Program Executive of Enforcement.
(15) The term "investigator for the Office of the
State's Attorneys Appellate Prosecutor" means a person
employed in that capacity on a full time basis under the
authority of Section 7.06 of the State's Attorneys
Appellate Prosecutor's Act.
(16) "Commerce Commission police officer" means any
person employed by the Illinois Commerce Commission who
is vested with such law enforcement duties as render him
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
218(l)(1) of that Act.
(17) "Arson investigator" means any person who is
employed as such by the Office of the State Fire Marshal
and is vested with such law enforcement duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act. A person who
was employed as an arson investigator on January 1, 1995
and is no longer in service but not yet receiving a
retirement annuity may convert his or her creditable
service for employment as an arson investigator into
eligible creditable service by paying to the System the
difference between the employee contributions actually
paid for that service and the amounts that would have
been contributed if the applicant were contributing at
the rate applicable to persons with the same social
security status earning eligible creditable service on
the date of application.
(d) A security employee of the Department of
Corrections, and a security employee of the Department of
Human Services who is not a mental health police officer,
shall not be eligible for the alternative retirement annuity
provided by this Section unless he or she meets the following
minimum age and service requirements at the time of
retirement:
(i) 25 years of eligible creditable service and age
55; or
(ii) beginning January 1, 1987, 25 years of
eligible creditable service and age 54, or 24 years of
eligible creditable service and age 55; or
(iii) beginning January 1, 1988, 25 years of
eligible creditable service and age 53, or 23 years of
eligible creditable service and age 55; or
(iv) beginning January 1, 1989, 25 years of
eligible creditable service and age 52, or 22 years of
eligible creditable service and age 55; or
(v) beginning January 1, 1990, 25 years of eligible
creditable service and age 51, or 21 years of eligible
creditable service and age 55; or
(vi) beginning January 1, 1991, 25 years of
eligible creditable service and age 50, or 20 years of
eligible creditable service and age 55.
Persons who have service credit under Article 16 of this
Code for service as a security employee of the Department of
Corrections in a position requiring certification as a
teacher may count such service toward establishing their
eligibility under the service requirements of this Section;
but such service may be used only for establishing such
eligibility, and not for the purpose of increasing or
calculating any benefit.
(e) If a member enters military service while working in
a position in which eligible creditable service may be
earned, and returns to State service in the same or another
such position, and fulfills in all other respects the
conditions prescribed in this Article for credit for military
service, such military service shall be credited as eligible
creditable service for the purposes of the retirement annuity
prescribed in this Section.
(f) For purposes of calculating retirement annuities
under this Section, periods of service rendered after
December 31, 1968 and before October 1, 1975 as a covered
employee in the position of special agent, conservation
police officer, mental health police officer, or investigator
for the Secretary of State, shall be deemed to have been
service as a noncovered employee, provided that the employee
pays to the System prior to retirement an amount equal to (1)
the difference between the employee contributions that would
have been required for such service as a noncovered employee,
and the amount of employee contributions actually paid, plus
(2) if payment is made after July 31, 1987, regular interest
on the amount specified in item (1) from the date of service
to the date of payment.
For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before January 1, 1982 as a covered employee in the
position of investigator for the Department of Revenue shall
be deemed to have been service as a noncovered employee,
provided that the employee pays to the System prior to
retirement an amount equal to (1) the difference between the
employee contributions that would have been required for such
service as a noncovered employee, and the amount of employee
contributions actually paid, plus (2) if payment is made
after January 1, 1990, regular interest on the amount
specified in item (1) from the date of service to the date of
payment.
(g) A State policeman may elect, not later than January
1, 1990, to establish eligible creditable service for up to
10 years of his service as a policeman under Article 3, by
filing a written election with the Board, accompanied by
payment of an amount to be determined by the Board, equal to
(i) the difference between the amount of employee and
employer contributions transferred to the System under
Section 3-110.5, and the amounts that would have been
contributed had such contributions been made at the rates
applicable to State policemen, plus (ii) interest thereon at
the effective rate for each year, compounded annually, from
the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman may elect, not later than July 1, 1993, to
establish eligible creditable service for up to 10 years of
his service as a member of the County Police Department under
Article 9, by filing a written election with the Board,
accompanied by payment of an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 9-121.10 and the amounts that would have been
contributed had those contributions been made at the rates
applicable to State policemen, plus (ii) interest thereon at
the effective rate for each year, compounded annually, from
the date of service to the date of payment.
(h) Subject to the limitation in subsection (i), a State
policeman or investigator for the Secretary of State may
elect to establish eligible creditable service for up to 12
years of his service as a policeman under Article 5, by
filing a written election with the Board on or before January
31, 1992, and paying to the System by January 31, 1994 an
amount to be determined by the Board, equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Section 5-236,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 10 years of service as a
sheriff's law enforcement employee under Article 7, by filing
a written election with the Board on or before January 31,
1993, and paying to the System by January 31, 1994 an amount
to be determined by the Board, equal to (i) the difference
between the amount of employee and employer contributions
transferred to the System under Section 7-139.7, and the
amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
(i) The total amount of eligible creditable service
established by any person under subsections (g), (h), (j),
(k), and (l) of this Section shall not exceed 12 years.
(j) Subject to the limitation in subsection (i), an
investigator for the Office of the State's Attorneys
Appellate Prosecutor or a controlled substance inspector may
elect to establish eligible creditable service for up to 10
years of his service as a policeman under Article 3 or a
sheriff's law enforcement employee under Article 7, by filing
a written election with the Board, accompanied by payment of
an amount to be determined by the Board, equal to (1) the
difference between the amount of employee and employer
contributions transferred to the System under Section 3-110.6
or 7-139.8, and the amounts that would have been contributed
had such contributions been made at the rates applicable to
State policemen, plus (2) interest thereon at the effective
rate for each year, compounded annually, from the date of
service to the date of payment.
(k) Subject to the limitation in subsection (i) of this
Section, an alternative formula employee may elect to
establish eligible creditable service for periods spent as a
full-time law enforcement officer or full-time corrections
officer employed by the federal government or by a state or
local government located outside of Illinois, for which
credit is not held in any other public employee pension fund
or retirement system. To obtain this credit, the applicant
must file a written application with the Board by March 31,
1998, accompanied by evidence of eligibility acceptable to
the Board and payment of an amount to be determined by the
Board, equal to (1) employee contributions for the credit
being established, based upon the applicant's salary on the
first day as an alternative formula employee after the
employment for which credit is being established and the
rates then applicable to alternative formula employees, plus
(2) an amount determined by the Board to be the employer's
normal cost of the benefits accrued for the credit being
established, plus (3) regular interest on the amounts in
items (1) and (2) from the first day as an alternative
formula employee after the employment for which credit is
being established to the date of payment.
(l) Subject to the limitation in subsection (i), a
security employee of the Department of Corrections may elect,
not later than July 1, 1998, to establish eligible creditable
service for up to 10 years of his or her service as a
policeman under Article 3, by filing a written election with
the Board, accompanied by payment of an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 3-110.5, and the amounts that
would have been contributed had such contributions been made
at the rates applicable to security employees of the
Department of Corrections, plus (ii) interest thereon at the
effective rate for each year, compounded annually, from the
date of service to the date of payment.
(Source: P.A. 90-32, eff. 6-27-97; 91-357, eff. 7-29-99.)
Section 75. The Whistleblower Reward and Protection Act
is amended by changing Section 2 as follows:
(740 ILCS 175/2) (from Ch. 127, par. 4102)
Sec. 2. Definitions. As used in this Act:
(a) "State" means the State of Illinois; any agency of
State government; and any of the following entities which may
elect to adopt the provisions of this Act by ordinance or
resolution, a copy of which shall be filed with the Attorney
General within 30 days of its adoption: the system of State
colleges and universities, any school district, any public
community college district, any municipality, municipal
corporations, units of local government, and any combination
of the above under an intergovernmental agreement that
includes provisions for a governing body of the agency
created by the agreement.
(b) "Guard" means the Illinois National Guard.
(c) "Investigation" means any inquiry conducted by any
investigator for the purpose of ascertaining whether any
person is or has been engaged in any violation of this Act.
(d) "Investigator" means a person who is charged by the
Department of State Police with the duty of conducting any
investigation under this Act, or any officer or employee of
the State acting under the direction and supervision of the
Department of State Police, through the Division of
Operations Criminal Investigation or the Division of Internal
Investigation, in the course of with an investigation.
(e) "Documentary material" includes the original or any
copy of any book, record, report, memorandum, paper,
communication, tabulation, chart, or other document, or data
compilations stored in or accessible through computer or
other information retrieval systems, together with
instructions and all other materials necessary to use or
interpret such data compilations, and any product of
discovery.
(f) "Custodian" means the custodian, or any deputy
custodian, designated by the Attorney General under
subsection (i)(1) of Section 6.
(g) "Product of discovery" includes:
(1) the original or duplicate of any deposition,
interrogatory, document, thing, result of the inspection
of land or other property, examination, or admission,
which is obtained by any method of discovery in any
judicial or administrative proceeding of an adversarial
nature;
(2) any digest, analysis, selection, compilation,
or derivation of any item listed in paragraph (1); and
(3) any index or other manner of access to any item
listed in paragraph (1).
(Source: P.A. 89-260, eff. 1-1-96.)
INDEX
Statutes amended in order of appearance
20 ILCS 2605/2605-25 was 20 ILCS 2605/55a-1
20 ILCS 2605/2605-30 was 20 ILCS 2605/55a-2
20 ILCS 2605/2605-35 was 20 ILCS 2605/55a-3
20 ILCS 2605/2605-40 was 20 ILCS 2605/55a-4
20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
20 ILCS 2605/2605-220 was 20 ILCS 2605/55a-7
20 ILCS 2605/2605-250 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-377 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-380 was 20 ILCS 2605/55a-8
30 ILCS 105/8.3 from Ch. 127, par. 144.3
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
740 ILCS 175/2 from Ch. 127, par. 4102
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