103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3297

 

Introduced 2/17/2023, by Rep. Anna Moeller

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/1-160
40 ILCS 5/14-110  from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-152.1

    Amends the General Provisions and State Employee Articles of the Illinois Pension Code. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions is entitled to an annuity calculated under the alternative retirement annuity provisions, in lieu of the regular or minimum retirement annuity, only if the person has withdrawn from service with not less than 20 years of eligible creditable service and has attained age 55, regardless of whether the attainment of age 55 occurs while the person is still in service. Provides that a security employee of the Department of Human Services subject to the Tier 2 provisions may convert up to 9 years of service credit established before the effective date of the amendatory Act as a security employee of the Department of Human Services under the State Employee Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Excludes a benefit increase resulting from the amendatory Act from the definition of "new benefit increase". Effective January 1, 2024.


LRB103 27602 RPS 53978 b

 

 

A BILL FOR

 

HB3297LRB103 27602 RPS 53978 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 1-160, 14-110, and 14-152.1 as follows:
 
6    (40 ILCS 5/1-160)
7    (Text of Section from P.A. 102-719)
8    Sec. 1-160. Provisions applicable to new hires.
9    (a) The provisions of this Section apply to a person who,
10on or after January 1, 2011, first becomes a member or a
11participant under any reciprocal retirement system or pension
12fund established under this Code, other than a retirement
13system or pension fund established under Article 2, 3, 4, 5, 6,
147, 15, or 18 of this Code, notwithstanding any other provision
15of this Code to the contrary, but do not apply to any
16self-managed plan established under this Code or to any
17participant of the retirement plan established under Section
1822-101; except that this Section applies to a person who
19elected to establish alternative credits by electing in
20writing after January 1, 2011, but before August 8, 2011,
21under Section 7-145.1 of this Code. Notwithstanding anything
22to the contrary in this Section, for purposes of this Section,
23a person who is a Tier 1 regular employee as defined in Section

 

 

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17-109.4 of this Code or who participated in a retirement
2system under Article 15 prior to January 1, 2011 shall be
3deemed a person who first became a member or participant prior
4to January 1, 2011 under any retirement system or pension fund
5subject to this Section. The changes made to this Section by
6Public Act 98-596 are a clarification of existing law and are
7intended to be retroactive to January 1, 2011 (the effective
8date of Public Act 96-889), notwithstanding the provisions of
9Section 1-103.1 of this Code.
10    This Section does not apply to a person who first becomes a
11noncovered employee under Article 14 on or after the
12implementation date of the plan created under Section 1-161
13for that Article, unless that person elects under subsection
14(b) of Section 1-161 to instead receive the benefits provided
15under this Section and the applicable provisions of that
16Article.
17    This Section does not apply to a person who first becomes a
18member or participant under Article 16 on or after the
19implementation date of the plan created under Section 1-161
20for that Article, unless that person elects under subsection
21(b) of Section 1-161 to instead receive the benefits provided
22under this Section and the applicable provisions of that
23Article.
24    This Section does not apply to a person who elects under
25subsection (c-5) of Section 1-161 to receive the benefits
26under Section 1-161.

 

 

HB3297- 3 -LRB103 27602 RPS 53978 b

1    This Section does not apply to a person who first becomes a
2member or participant of an affected pension fund on or after 6
3months after the resolution or ordinance date, as defined in
4Section 1-162, unless that person elects under subsection (c)
5of Section 1-162 to receive the benefits provided under this
6Section and the applicable provisions of the Article under
7which he or she is a member or participant.
8    (b) "Final average salary" means, except as otherwise
9provided in this subsection, the average monthly (or annual)
10salary obtained by dividing the total salary or earnings
11calculated under the Article applicable to the member or
12participant during the 96 consecutive months (or 8 consecutive
13years) of service within the last 120 months (or 10 years) of
14service in which the total salary or earnings calculated under
15the applicable Article was the highest by the number of months
16(or years) of service in that period. For the purposes of a
17person who first becomes a member or participant of any
18retirement system or pension fund to which this Section
19applies on or after January 1, 2011, in this Code, "final
20average salary" shall be substituted for the following:
21        (1) (Blank).
22        (2) In Articles 8, 9, 10, 11, and 12, "highest average
23    annual salary for any 4 consecutive years within the last
24    10 years of service immediately preceding the date of
25    withdrawal".
26        (3) In Article 13, "average final salary".

 

 

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1        (4) In Article 14, "final average compensation".
2        (5) In Article 17, "average salary".
3        (6) In Section 22-207, "wages or salary received by
4    him at the date of retirement or discharge".
5    A member of the Teachers' Retirement System of the State
6of Illinois who retires on or after June 1, 2021 and for whom
7the 2020-2021 school year is used in the calculation of the
8member's final average salary shall use the higher of the
9following for the purpose of determining the member's final
10average salary:
11        (A) the amount otherwise calculated under the first
12    paragraph of this subsection; or
13        (B) an amount calculated by the Teachers' Retirement
14    System of the State of Illinois using the average of the
15    monthly (or annual) salary obtained by dividing the total
16    salary or earnings calculated under Article 16 applicable
17    to the member or participant during the 96 months (or 8
18    years) of service within the last 120 months (or 10 years)
19    of service in which the total salary or earnings
20    calculated under the Article was the highest by the number
21    of months (or years) of service in that period.
22    (b-5) Beginning on January 1, 2011, for all purposes under
23this Code (including without limitation the calculation of
24benefits and employee contributions), the annual earnings,
25salary, or wages (based on the plan year) of a member or
26participant to whom this Section applies shall not exceed

 

 

HB3297- 5 -LRB103 27602 RPS 53978 b

1$106,800; however, that amount shall annually thereafter be
2increased by the lesser of (i) 3% of that amount, including all
3previous adjustments, or (ii) one-half the annual unadjusted
4percentage increase (but not less than zero) in the consumer
5price index-u for the 12 months ending with the September
6preceding each November 1, including all previous adjustments.
7    For the purposes of this Section, "consumer price index-u"
8means the index published by the Bureau of Labor Statistics of
9the United States Department of Labor that measures the
10average change in prices of goods and services purchased by
11all urban consumers, United States city average, all items,
121982-84 = 100. The new amount resulting from each annual
13adjustment shall be determined by the Public Pension Division
14of the Department of Insurance and made available to the
15boards of the retirement systems and pension funds by November
161 of each year.
17    (c) A member or participant is entitled to a retirement
18annuity upon written application if he or she has attained age
1967 (age 65, with respect to service under Article 12 that is
20subject to this Section, for a member or participant under
21Article 12 who first becomes a member or participant under
22Article 12 on or after January 1, 2022 or who makes the
23election under item (i) of subsection (d-15) of this Section)
24and has at least 10 years of service credit and is otherwise
25eligible under the requirements of the applicable Article.
26    A member or participant who has attained age 62 (age 60,

 

 

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1with respect to service under Article 12 that is subject to
2this Section, for a member or participant under Article 12 who
3first becomes a member or participant under Article 12 on or
4after January 1, 2022 or who makes the election under item (i)
5of subsection (d-15) of this Section) and has at least 10 years
6of service credit and is otherwise eligible under the
7requirements of the applicable Article may elect to receive
8the lower retirement annuity provided in subsection (d) of
9this Section.
10    (c-5) A person who first becomes a member or a participant
11subject to this Section on or after July 6, 2017 (the effective
12date of Public Act 100-23), notwithstanding any other
13provision of this Code to the contrary, is entitled to a
14retirement annuity under Article 8 or Article 11 upon written
15application if he or she has attained age 65 and has at least
1610 years of service credit and is otherwise eligible under the
17requirements of Article 8 or Article 11 of this Code,
18whichever is applicable.
19    (d) The retirement annuity of a member or participant who
20is retiring after attaining age 62 (age 60, with respect to
21service under Article 12 that is subject to this Section, for a
22member or participant under Article 12 who first becomes a
23member or participant under Article 12 on or after January 1,
242022 or who makes the election under item (i) of subsection
25(d-15) of this Section) with at least 10 years of service
26credit shall be reduced by one-half of 1% for each full month

 

 

HB3297- 7 -LRB103 27602 RPS 53978 b

1that the member's age is under age 67 (age 65, with respect to
2service under Article 12 that is subject to this Section, for a
3member or participant under Article 12 who first becomes a
4member or participant under Article 12 on or after January 1,
52022 or who makes the election under item (i) of subsection
6(d-15) of this Section).
7    (d-5) The retirement annuity payable under Article 8 or
8Article 11 to an eligible person subject to subsection (c-5)
9of this Section who is retiring at age 60 with at least 10
10years of service credit shall be reduced by one-half of 1% for
11each full month that the member's age is under age 65.
12    (d-10) Each person who first became a member or
13participant under Article 8 or Article 11 of this Code on or
14after January 1, 2011 and prior to July 6, 2017 (the effective
15date of Public Act 100-23) shall make an irrevocable election
16either:
17        (i) to be eligible for the reduced retirement age
18    provided in subsections (c-5) and (d-5) of this Section,
19    the eligibility for which is conditioned upon the member
20    or participant agreeing to the increases in employee
21    contributions for age and service annuities provided in
22    subsection (a-5) of Section 8-174 of this Code (for
23    service under Article 8) or subsection (a-5) of Section
24    11-170 of this Code (for service under Article 11); or
25        (ii) to not agree to item (i) of this subsection
26    (d-10), in which case the member or participant shall

 

 

HB3297- 8 -LRB103 27602 RPS 53978 b

1    continue to be subject to the retirement age provisions in
2    subsections (c) and (d) of this Section and the employee
3    contributions for age and service annuity as provided in
4    subsection (a) of Section 8-174 of this Code (for service
5    under Article 8) or subsection (a) of Section 11-170 of
6    this Code (for service under Article 11).
7    The election provided for in this subsection shall be made
8between October 1, 2017 and November 15, 2017. A person
9subject to this subsection who makes the required election
10shall remain bound by that election. A person subject to this
11subsection who fails for any reason to make the required
12election within the time specified in this subsection shall be
13deemed to have made the election under item (ii).
14    (d-15) Each person who first becomes a member or
15participant under Article 12 on or after January 1, 2011 and
16prior to January 1, 2022 shall make an irrevocable election
17either:
18        (i) to be eligible for the reduced retirement age
19    specified in subsections (c) and (d) of this Section, the
20    eligibility for which is conditioned upon the member or
21    participant agreeing to the increase in employee
22    contributions for service annuities specified in
23    subsection (b) of Section 12-150; or
24        (ii) to not agree to item (i) of this subsection
25    (d-15), in which case the member or participant shall not
26    be eligible for the reduced retirement age specified in

 

 

HB3297- 9 -LRB103 27602 RPS 53978 b

1    subsections (c) and (d) of this Section and shall not be
2    subject to the increase in employee contributions for
3    service annuities specified in subsection (b) of Section
4    12-150.
5    The election provided for in this subsection shall be made
6between January 1, 2022 and April 1, 2022. A person subject to
7this subsection who makes the required election shall remain
8bound by that election. A person subject to this subsection
9who fails for any reason to make the required election within
10the time specified in this subsection shall be deemed to have
11made the election under item (ii).
12    (e) Any retirement annuity or supplemental annuity shall
13be subject to annual increases on the January 1 occurring
14either on or after the attainment of age 67 (age 65, with
15respect to service under Article 12 that is subject to this
16Section, for a member or participant under Article 12 who
17first becomes a member or participant under Article 12 on or
18after January 1, 2022 or who makes the election under item (i)
19of subsection (d-15); and beginning on July 6, 2017 (the
20effective date of Public Act 100-23), age 65 with respect to
21service under Article 8 or Article 11 for eligible persons
22who: (i) are subject to subsection (c-5) of this Section; or
23(ii) made the election under item (i) of subsection (d-10) of
24this Section) or the first anniversary of the annuity start
25date, whichever is later. Each annual increase shall be
26calculated at 3% or one-half the annual unadjusted percentage

 

 

HB3297- 10 -LRB103 27602 RPS 53978 b

1increase (but not less than zero) in the consumer price
2index-u for the 12 months ending with the September preceding
3each November 1, whichever is less, of the originally granted
4retirement annuity. If the annual unadjusted percentage change
5in the consumer price index-u for the 12 months ending with the
6September preceding each November 1 is zero or there is a
7decrease, then the annuity shall not be increased.
8    For the purposes of Section 1-103.1 of this Code, the
9changes made to this Section by Public Act 102-263 are
10applicable without regard to whether the employee was in
11active service on or after August 6, 2021 (the effective date
12of Public Act 102-263).
13    For the purposes of Section 1-103.1 of this Code, the
14changes made to this Section by Public Act 100-23 are
15applicable without regard to whether the employee was in
16active service on or after July 6, 2017 (the effective date of
17Public Act 100-23).
18    (f) The initial survivor's or widow's annuity of an
19otherwise eligible survivor or widow of a retired member or
20participant who first became a member or participant on or
21after January 1, 2011 shall be in the amount of 66 2/3% of the
22retired member's or participant's retirement annuity at the
23date of death. In the case of the death of a member or
24participant who has not retired and who first became a member
25or participant on or after January 1, 2011, eligibility for a
26survivor's or widow's annuity shall be determined by the

 

 

HB3297- 11 -LRB103 27602 RPS 53978 b

1applicable Article of this Code. The initial benefit shall be
266 2/3% of the earned annuity without a reduction due to age. A
3child's annuity of an otherwise eligible child shall be in the
4amount prescribed under each Article if applicable. Any
5survivor's or widow's annuity shall be increased (1) on each
6January 1 occurring on or after the commencement of the
7annuity if the deceased member died while receiving a
8retirement annuity or (2) in other cases, on each January 1
9occurring after the first anniversary of the commencement of
10the annuity. Each annual increase shall be calculated at 3% or
11one-half the annual unadjusted percentage increase (but not
12less than zero) in the consumer price index-u for the 12 months
13ending with the September preceding each November 1, whichever
14is less, of the originally granted survivor's annuity. If the
15annual unadjusted percentage change in the consumer price
16index-u for the 12 months ending with the September preceding
17each November 1 is zero or there is a decrease, then the
18annuity shall not be increased.
19    (g) The benefits in Section 14-110 apply if the person is a
20fire fighter in the fire protection service of a department, a
21security employee of the Department of Corrections or the
22Department of Juvenile Justice, or a security employee of the
23Department of Innovation and Technology, as those terms are
24defined in subsection (b) and subsection (c) of Section
2514-110. A person who meets the requirements of this Section is
26entitled to an annuity calculated under the provisions of

 

 

HB3297- 12 -LRB103 27602 RPS 53978 b

1Section 14-110, in lieu of the regular or minimum retirement
2annuity, only if the person has withdrawn from service with
3not less than 20 years of eligible creditable service and has
4attained age 60, regardless of whether the attainment of age
560 occurs while the person is still in service.
6    (g-1) The benefits in Section 14-110 apply if the person
7is a security employee of the Department of Human Services, as
8those terms are defined in subsection (b) and subsection (c)
9of Section 14-110. A person who meets the requirements of this
10Section is entitled to an annuity calculated under the
11provisions of Section 14-110, in lieu of the regular or
12minimum retirement annuity, only if the person has withdrawn
13from service with not less than 20 years of eligible
14creditable service and has attained age 55, regardless of
15whether the attainment of age 55 occurs while the person is
16still in service.
17    (g-5) The benefits in Section 14-110 apply if the person
18is a State policeman, investigator for the Secretary of State,
19conservation police officer, investigator for the Department
20of Revenue or the Illinois Gaming Board, investigator for the
21Office of the Attorney General, Commerce Commission police
22officer, or arson investigator, as those terms are defined in
23subsection (b) and subsection (c) of Section 14-110. A person
24who meets the requirements of this Section is entitled to an
25annuity calculated under the provisions of Section 14-110, in
26lieu of the regular or minimum retirement annuity, only if the

 

 

HB3297- 13 -LRB103 27602 RPS 53978 b

1person has withdrawn from service with not less than 20 years
2of eligible creditable service and has attained age 55,
3regardless of whether the attainment of age 55 occurs while
4the person is still in service.
5    (h) If a person who first becomes a member or a participant
6of a retirement system or pension fund subject to this Section
7on or after January 1, 2011 is receiving a retirement annuity
8or retirement pension under that system or fund and becomes a
9member or participant under any other system or fund created
10by this Code and is employed on a full-time basis, except for
11those members or participants exempted from the provisions of
12this Section under subsection (a) of this Section, then the
13person's retirement annuity or retirement pension under that
14system or fund shall be suspended during that employment. Upon
15termination of that employment, the person's retirement
16annuity or retirement pension payments shall resume and be
17recalculated if recalculation is provided for under the
18applicable Article of this Code.
19    If a person who first becomes a member of a retirement
20system or pension fund subject to this Section on or after
21January 1, 2012 and is receiving a retirement annuity or
22retirement pension under that system or fund and accepts on a
23contractual basis a position to provide services to a
24governmental entity from which he or she has retired, then
25that person's annuity or retirement pension earned as an
26active employee of the employer shall be suspended during that

 

 

HB3297- 14 -LRB103 27602 RPS 53978 b

1contractual service. A person receiving an annuity or
2retirement pension under this Code shall notify the pension
3fund or retirement system from which he or she is receiving an
4annuity or retirement pension, as well as his or her
5contractual employer, of his or her retirement status before
6accepting contractual employment. A person who fails to submit
7such notification shall be guilty of a Class A misdemeanor and
8required to pay a fine of $1,000. Upon termination of that
9contractual employment, the person's retirement annuity or
10retirement pension payments shall resume and, if appropriate,
11be recalculated under the applicable provisions of this Code.
12    (i) (Blank).
13    (j) In the case of a conflict between the provisions of
14this Section and any other provision of this Code, the
15provisions of this Section shall control.
16(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
17102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff.
185-6-22.)
 
19    (Text of Section from P.A. 102-813)
20    Sec. 1-160. Provisions applicable to new hires.
21    (a) The provisions of this Section apply to a person who,
22on or after January 1, 2011, first becomes a member or a
23participant under any reciprocal retirement system or pension
24fund established under this Code, other than a retirement
25system or pension fund established under Article 2, 3, 4, 5, 6,

 

 

HB3297- 15 -LRB103 27602 RPS 53978 b

17, 15, or 18 of this Code, notwithstanding any other provision
2of this Code to the contrary, but do not apply to any
3self-managed plan established under this Code or to any
4participant of the retirement plan established under Section
522-101; except that this Section applies to a person who
6elected to establish alternative credits by electing in
7writing after January 1, 2011, but before August 8, 2011,
8under Section 7-145.1 of this Code. Notwithstanding anything
9to the contrary in this Section, for purposes of this Section,
10a person who is a Tier 1 regular employee as defined in Section
117-109.4 of this Code or who participated in a retirement
12system under Article 15 prior to January 1, 2011 shall be
13deemed a person who first became a member or participant prior
14to January 1, 2011 under any retirement system or pension fund
15subject to this Section. The changes made to this Section by
16Public Act 98-596 are a clarification of existing law and are
17intended to be retroactive to January 1, 2011 (the effective
18date of Public Act 96-889), notwithstanding the provisions of
19Section 1-103.1 of this Code.
20    This Section does not apply to a person who first becomes a
21noncovered employee under Article 14 on or after the
22implementation date of the plan created under Section 1-161
23for that Article, unless that person elects under subsection
24(b) of Section 1-161 to instead receive the benefits provided
25under this Section and the applicable provisions of that
26Article.

 

 

HB3297- 16 -LRB103 27602 RPS 53978 b

1    This Section does not apply to a person who first becomes a
2member or participant under Article 16 on or after the
3implementation date of the plan created under Section 1-161
4for that Article, unless that person elects under subsection
5(b) of Section 1-161 to instead receive the benefits provided
6under this Section and the applicable provisions of that
7Article.
8    This Section does not apply to a person who elects under
9subsection (c-5) of Section 1-161 to receive the benefits
10under Section 1-161.
11    This Section does not apply to a person who first becomes a
12member or participant of an affected pension fund on or after 6
13months after the resolution or ordinance date, as defined in
14Section 1-162, unless that person elects under subsection (c)
15of Section 1-162 to receive the benefits provided under this
16Section and the applicable provisions of the Article under
17which he or she is a member or participant.
18    (b) "Final average salary" means, except as otherwise
19provided in this subsection, the average monthly (or annual)
20salary obtained by dividing the total salary or earnings
21calculated under the Article applicable to the member or
22participant during the 96 consecutive months (or 8 consecutive
23years) of service within the last 120 months (or 10 years) of
24service in which the total salary or earnings calculated under
25the applicable Article was the highest by the number of months
26(or years) of service in that period. For the purposes of a

 

 

HB3297- 17 -LRB103 27602 RPS 53978 b

1person who first becomes a member or participant of any
2retirement system or pension fund to which this Section
3applies on or after January 1, 2011, in this Code, "final
4average salary" shall be substituted for the following:
5        (1) (Blank).
6        (2) In Articles 8, 9, 10, 11, and 12, "highest average
7    annual salary for any 4 consecutive years within the last
8    10 years of service immediately preceding the date of
9    withdrawal".
10        (3) In Article 13, "average final salary".
11        (4) In Article 14, "final average compensation".
12        (5) In Article 17, "average salary".
13        (6) In Section 22-207, "wages or salary received by
14    him at the date of retirement or discharge".
15    A member of the Teachers' Retirement System of the State
16of Illinois who retires on or after June 1, 2021 and for whom
17the 2020-2021 school year is used in the calculation of the
18member's final average salary shall use the higher of the
19following for the purpose of determining the member's final
20average salary:
21        (A) the amount otherwise calculated under the first
22    paragraph of this subsection; or
23        (B) an amount calculated by the Teachers' Retirement
24    System of the State of Illinois using the average of the
25    monthly (or annual) salary obtained by dividing the total
26    salary or earnings calculated under Article 16 applicable

 

 

HB3297- 18 -LRB103 27602 RPS 53978 b

1    to the member or participant during the 96 months (or 8
2    years) of service within the last 120 months (or 10 years)
3    of service in which the total salary or earnings
4    calculated under the Article was the highest by the number
5    of months (or years) of service in that period.
6    (b-5) Beginning on January 1, 2011, for all purposes under
7this Code (including without limitation the calculation of
8benefits and employee contributions), the annual earnings,
9salary, or wages (based on the plan year) of a member or
10participant to whom this Section applies shall not exceed
11$106,800; however, that amount shall annually thereafter be
12increased by the lesser of (i) 3% of that amount, including all
13previous adjustments, or (ii) one-half the annual unadjusted
14percentage increase (but not less than zero) in the consumer
15price index-u for the 12 months ending with the September
16preceding each November 1, including all previous adjustments.
17    For the purposes of this Section, "consumer price index-u"
18means the index published by the Bureau of Labor Statistics of
19the United States Department of Labor that measures the
20average change in prices of goods and services purchased by
21all urban consumers, United States city average, all items,
221982-84 = 100. The new amount resulting from each annual
23adjustment shall be determined by the Public Pension Division
24of the Department of Insurance and made available to the
25boards of the retirement systems and pension funds by November
261 of each year.

 

 

HB3297- 19 -LRB103 27602 RPS 53978 b

1    (c) A member or participant is entitled to a retirement
2annuity upon written application if he or she has attained age
367 (age 65, with respect to service under Article 12 that is
4subject to this Section, for a member or participant under
5Article 12 who first becomes a member or participant under
6Article 12 on or after January 1, 2022 or who makes the
7election under item (i) of subsection (d-15) of this Section)
8and has at least 10 years of service credit and is otherwise
9eligible under the requirements of the applicable Article.
10    A member or participant who has attained age 62 (age 60,
11with respect to service under Article 12 that is subject to
12this Section, for a member or participant under Article 12 who
13first becomes a member or participant under Article 12 on or
14after January 1, 2022 or who makes the election under item (i)
15of subsection (d-15) of this Section) and has at least 10 years
16of service credit and is otherwise eligible under the
17requirements of the applicable Article may elect to receive
18the lower retirement annuity provided in subsection (d) of
19this Section.
20    (c-5) A person who first becomes a member or a participant
21subject to this Section on or after July 6, 2017 (the effective
22date of Public Act 100-23), notwithstanding any other
23provision of this Code to the contrary, is entitled to a
24retirement annuity under Article 8 or Article 11 upon written
25application if he or she has attained age 65 and has at least
2610 years of service credit and is otherwise eligible under the

 

 

HB3297- 20 -LRB103 27602 RPS 53978 b

1requirements of Article 8 or Article 11 of this Code,
2whichever is applicable.
3    (d) The retirement annuity of a member or participant who
4is retiring after attaining age 62 (age 60, with respect to
5service under Article 12 that is subject to this Section, for a
6member or participant under Article 12 who first becomes a
7member or participant under Article 12 on or after January 1,
82022 or who makes the election under item (i) of subsection
9(d-15) of this Section) with at least 10 years of service
10credit shall be reduced by one-half of 1% for each full month
11that the member's age is under age 67 (age 65, with respect to
12service under Article 12 that is subject to this Section, for a
13member or participant under Article 12 who first becomes a
14member or participant under Article 12 on or after January 1,
152022 or who makes the election under item (i) of subsection
16(d-15) of this Section).
17    (d-5) The retirement annuity payable under Article 8 or
18Article 11 to an eligible person subject to subsection (c-5)
19of this Section who is retiring at age 60 with at least 10
20years of service credit shall be reduced by one-half of 1% for
21each full month that the member's age is under age 65.
22    (d-10) Each person who first became a member or
23participant under Article 8 or Article 11 of this Code on or
24after January 1, 2011 and prior to July 6, 2017 (the effective
25date of Public Act 100-23) shall make an irrevocable election
26either:

 

 

HB3297- 21 -LRB103 27602 RPS 53978 b

1        (i) to be eligible for the reduced retirement age
2    provided in subsections (c-5) and (d-5) of this Section,
3    the eligibility for which is conditioned upon the member
4    or participant agreeing to the increases in employee
5    contributions for age and service annuities provided in
6    subsection (a-5) of Section 8-174 of this Code (for
7    service under Article 8) or subsection (a-5) of Section
8    11-170 of this Code (for service under Article 11); or
9        (ii) to not agree to item (i) of this subsection
10    (d-10), in which case the member or participant shall
11    continue to be subject to the retirement age provisions in
12    subsections (c) and (d) of this Section and the employee
13    contributions for age and service annuity as provided in
14    subsection (a) of Section 8-174 of this Code (for service
15    under Article 8) or subsection (a) of Section 11-170 of
16    this Code (for service under Article 11).
17    The election provided for in this subsection shall be made
18between October 1, 2017 and November 15, 2017. A person
19subject to this subsection who makes the required election
20shall remain bound by that election. A person subject to this
21subsection who fails for any reason to make the required
22election within the time specified in this subsection shall be
23deemed to have made the election under item (ii).
24    (d-15) Each person who first becomes a member or
25participant under Article 12 on or after January 1, 2011 and
26prior to January 1, 2022 shall make an irrevocable election

 

 

HB3297- 22 -LRB103 27602 RPS 53978 b

1either:
2        (i) to be eligible for the reduced retirement age
3    specified in subsections (c) and (d) of this Section, the
4    eligibility for which is conditioned upon the member or
5    participant agreeing to the increase in employee
6    contributions for service annuities specified in
7    subsection (b) of Section 12-150; or
8        (ii) to not agree to item (i) of this subsection
9    (d-15), in which case the member or participant shall not
10    be eligible for the reduced retirement age specified in
11    subsections (c) and (d) of this Section and shall not be
12    subject to the increase in employee contributions for
13    service annuities specified in subsection (b) of Section
14    12-150.
15    The election provided for in this subsection shall be made
16between January 1, 2022 and April 1, 2022. A person subject to
17this subsection who makes the required election shall remain
18bound by that election. A person subject to this subsection
19who fails for any reason to make the required election within
20the time specified in this subsection shall be deemed to have
21made the election under item (ii).
22    (e) Any retirement annuity or supplemental annuity shall
23be subject to annual increases on the January 1 occurring
24either on or after the attainment of age 67 (age 65, with
25respect to service under Article 12 that is subject to this
26Section, for a member or participant under Article 12 who

 

 

HB3297- 23 -LRB103 27602 RPS 53978 b

1first becomes a member or participant under Article 12 on or
2after January 1, 2022 or who makes the election under item (i)
3of subsection (d-15); and beginning on July 6, 2017 (the
4effective date of Public Act 100-23), age 65 with respect to
5service under Article 8 or Article 11 for eligible persons
6who: (i) are subject to subsection (c-5) of this Section; or
7(ii) made the election under item (i) of subsection (d-10) of
8this Section) or the first anniversary of the annuity start
9date, whichever is later. Each annual increase shall be
10calculated at 3% or one-half the annual unadjusted percentage
11increase (but not less than zero) in the consumer price
12index-u for the 12 months ending with the September preceding
13each November 1, whichever is less, of the originally granted
14retirement annuity. If the annual unadjusted percentage change
15in the consumer price index-u for the 12 months ending with the
16September preceding each November 1 is zero or there is a
17decrease, then the annuity shall not be increased.
18    For the purposes of Section 1-103.1 of this Code, the
19changes made to this Section by Public Act 102-263 are
20applicable without regard to whether the employee was in
21active service on or after August 6, 2021 (the effective date
22of Public Act 102-263).
23    For the purposes of Section 1-103.1 of this Code, the
24changes made to this Section by Public Act 100-23 are
25applicable without regard to whether the employee was in
26active service on or after July 6, 2017 (the effective date of

 

 

HB3297- 24 -LRB103 27602 RPS 53978 b

1Public Act 100-23).
2    (f) The initial survivor's or widow's annuity of an
3otherwise eligible survivor or widow of a retired member or
4participant who first became a member or participant on or
5after January 1, 2011 shall be in the amount of 66 2/3% of the
6retired member's or participant's retirement annuity at the
7date of death. In the case of the death of a member or
8participant who has not retired and who first became a member
9or participant on or after January 1, 2011, eligibility for a
10survivor's or widow's annuity shall be determined by the
11applicable Article of this Code. The initial benefit shall be
1266 2/3% of the earned annuity without a reduction due to age. A
13child's annuity of an otherwise eligible child shall be in the
14amount prescribed under each Article if applicable. Any
15survivor's or widow's annuity shall be increased (1) on each
16January 1 occurring on or after the commencement of the
17annuity if the deceased member died while receiving a
18retirement annuity or (2) in other cases, on each January 1
19occurring after the first anniversary of the commencement of
20the annuity. Each annual increase shall be calculated at 3% or
21one-half the annual unadjusted percentage increase (but not
22less than zero) in the consumer price index-u for the 12 months
23ending with the September preceding each November 1, whichever
24is less, of the originally granted survivor's annuity. If the
25annual unadjusted percentage change in the consumer price
26index-u for the 12 months ending with the September preceding

 

 

HB3297- 25 -LRB103 27602 RPS 53978 b

1each November 1 is zero or there is a decrease, then the
2annuity shall not be increased.
3    (g) The benefits in Section 14-110 apply only if the
4person is a State policeman, a fire fighter in the fire
5protection service of a department, a conservation police
6officer, an investigator for the Secretary of State, an arson
7investigator, a Commerce Commission police officer,
8investigator for the Department of Revenue or the Illinois
9Gaming Board, a security employee of the Department of
10Corrections or the Department of Juvenile Justice, or a
11security employee of the Department of Innovation and
12Technology, as those terms are defined in subsection (b) and
13subsection (c) of Section 14-110. A person who meets the
14requirements of this Section is entitled to an annuity
15calculated under the provisions of Section 14-110, in lieu of
16the regular or minimum retirement annuity, only if the person
17has withdrawn from service with not less than 20 years of
18eligible creditable service and has attained age 60,
19regardless of whether the attainment of age 60 occurs while
20the person is still in service.
21    (g-1) The benefits in Section 14-110 apply if the person
22is a security employee of the Department of Human Services, as
23those terms are defined in subsection (b) and subsection (c)
24of Section 14-110. A person who meets the requirements of this
25Section is entitled to an annuity calculated under the
26provisions of Section 14-110, in lieu of the regular or

 

 

HB3297- 26 -LRB103 27602 RPS 53978 b

1minimum retirement annuity, only if the person has withdrawn
2from service with not less than 20 years of eligible
3creditable service and has attained age 55, regardless of
4whether the attainment of age 55 occurs while the person is
5still in service.
6    (h) If a person who first becomes a member or a participant
7of a retirement system or pension fund subject to this Section
8on or after January 1, 2011 is receiving a retirement annuity
9or retirement pension under that system or fund and becomes a
10member or participant under any other system or fund created
11by this Code and is employed on a full-time basis, except for
12those members or participants exempted from the provisions of
13this Section under subsection (a) of this Section, then the
14person's retirement annuity or retirement pension under that
15system or fund shall be suspended during that employment. Upon
16termination of that employment, the person's retirement
17annuity or retirement pension payments shall resume and be
18recalculated if recalculation is provided for under the
19applicable Article of this Code.
20    If a person who first becomes a member of a retirement
21system or pension fund subject to this Section on or after
22January 1, 2012 and is receiving a retirement annuity or
23retirement pension under that system or fund and accepts on a
24contractual basis a position to provide services to a
25governmental entity from which he or she has retired, then
26that person's annuity or retirement pension earned as an

 

 

HB3297- 27 -LRB103 27602 RPS 53978 b

1active employee of the employer shall be suspended during that
2contractual service. A person receiving an annuity or
3retirement pension under this Code shall notify the pension
4fund or retirement system from which he or she is receiving an
5annuity or retirement pension, as well as his or her
6contractual employer, of his or her retirement status before
7accepting contractual employment. A person who fails to submit
8such notification shall be guilty of a Class A misdemeanor and
9required to pay a fine of $1,000. Upon termination of that
10contractual employment, the person's retirement annuity or
11retirement pension payments shall resume and, if appropriate,
12be recalculated under the applicable provisions of this Code.
13    (i) (Blank).
14    (j) In the case of a conflict between the provisions of
15this Section and any other provision of this Code, the
16provisions of this Section shall control.
17(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
18102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff.
195-13-22.)
 
20    (Text of Section from P.A. 102-956)
21    Sec. 1-160. Provisions applicable to new hires.
22    (a) The provisions of this Section apply to a person who,
23on or after January 1, 2011, first becomes a member or a
24participant under any reciprocal retirement system or pension
25fund established under this Code, other than a retirement

 

 

HB3297- 28 -LRB103 27602 RPS 53978 b

1system or pension fund established under Article 2, 3, 4, 5, 6,
27, 15, or 18 of this Code, notwithstanding any other provision
3of this Code to the contrary, but do not apply to any
4self-managed plan established under this Code or to any
5participant of the retirement plan established under Section
622-101; except that this Section applies to a person who
7elected to establish alternative credits by electing in
8writing after January 1, 2011, but before August 8, 2011,
9under Section 7-145.1 of this Code. Notwithstanding anything
10to the contrary in this Section, for purposes of this Section,
11a person who is a Tier 1 regular employee as defined in Section
127-109.4 of this Code or who participated in a retirement
13system under Article 15 prior to January 1, 2011 shall be
14deemed a person who first became a member or participant prior
15to January 1, 2011 under any retirement system or pension fund
16subject to this Section. The changes made to this Section by
17Public Act 98-596 are a clarification of existing law and are
18intended to be retroactive to January 1, 2011 (the effective
19date of Public Act 96-889), notwithstanding the provisions of
20Section 1-103.1 of this Code.
21    This Section does not apply to a person who first becomes a
22noncovered employee under Article 14 on or after the
23implementation date of the plan created under Section 1-161
24for that Article, unless that person elects under subsection
25(b) of Section 1-161 to instead receive the benefits provided
26under this Section and the applicable provisions of that

 

 

HB3297- 29 -LRB103 27602 RPS 53978 b

1Article.
2    This Section does not apply to a person who first becomes a
3member or participant under Article 16 on or after the
4implementation date of the plan created under Section 1-161
5for that Article, unless that person elects under subsection
6(b) of Section 1-161 to instead receive the benefits provided
7under this Section and the applicable provisions of that
8Article.
9    This Section does not apply to a person who elects under
10subsection (c-5) of Section 1-161 to receive the benefits
11under Section 1-161.
12    This Section does not apply to a person who first becomes a
13member or participant of an affected pension fund on or after 6
14months after the resolution or ordinance date, as defined in
15Section 1-162, unless that person elects under subsection (c)
16of Section 1-162 to receive the benefits provided under this
17Section and the applicable provisions of the Article under
18which he or she is a member or participant.
19    (b) "Final average salary" means, except as otherwise
20provided in this subsection, the average monthly (or annual)
21salary obtained by dividing the total salary or earnings
22calculated under the Article applicable to the member or
23participant during the 96 consecutive months (or 8 consecutive
24years) of service within the last 120 months (or 10 years) of
25service in which the total salary or earnings calculated under
26the applicable Article was the highest by the number of months

 

 

HB3297- 30 -LRB103 27602 RPS 53978 b

1(or years) of service in that period. For the purposes of a
2person who first becomes a member or participant of any
3retirement system or pension fund to which this Section
4applies on or after January 1, 2011, in this Code, "final
5average salary" shall be substituted for the following:
6        (1) (Blank).
7        (2) In Articles 8, 9, 10, 11, and 12, "highest average
8    annual salary for any 4 consecutive years within the last
9    10 years of service immediately preceding the date of
10    withdrawal".
11        (3) In Article 13, "average final salary".
12        (4) In Article 14, "final average compensation".
13        (5) In Article 17, "average salary".
14        (6) In Section 22-207, "wages or salary received by
15    him at the date of retirement or discharge".
16    A member of the Teachers' Retirement System of the State
17of Illinois who retires on or after June 1, 2021 and for whom
18the 2020-2021 school year is used in the calculation of the
19member's final average salary shall use the higher of the
20following for the purpose of determining the member's final
21average salary:
22        (A) the amount otherwise calculated under the first
23    paragraph of this subsection; or
24        (B) an amount calculated by the Teachers' Retirement
25    System of the State of Illinois using the average of the
26    monthly (or annual) salary obtained by dividing the total

 

 

HB3297- 31 -LRB103 27602 RPS 53978 b

1    salary or earnings calculated under Article 16 applicable
2    to the member or participant during the 96 months (or 8
3    years) of service within the last 120 months (or 10 years)
4    of service in which the total salary or earnings
5    calculated under the Article was the highest by the number
6    of months (or years) of service in that period.
7    (b-5) Beginning on January 1, 2011, for all purposes under
8this Code (including without limitation the calculation of
9benefits and employee contributions), the annual earnings,
10salary, or wages (based on the plan year) of a member or
11participant to whom this Section applies shall not exceed
12$106,800; however, that amount shall annually thereafter be
13increased by the lesser of (i) 3% of that amount, including all
14previous adjustments, or (ii) one-half the annual unadjusted
15percentage increase (but not less than zero) in the consumer
16price index-u for the 12 months ending with the September
17preceding each November 1, including all previous adjustments.
18    For the purposes of this Section, "consumer price index-u"
19means the index published by the Bureau of Labor Statistics of
20the United States Department of Labor that measures the
21average change in prices of goods and services purchased by
22all urban consumers, United States city average, all items,
231982-84 = 100. The new amount resulting from each annual
24adjustment shall be determined by the Public Pension Division
25of the Department of Insurance and made available to the
26boards of the retirement systems and pension funds by November

 

 

HB3297- 32 -LRB103 27602 RPS 53978 b

11 of each year.
2    (c) A member or participant is entitled to a retirement
3annuity upon written application if he or she has attained age
467 (age 65, with respect to service under Article 12 that is
5subject to this Section, for a member or participant under
6Article 12 who first becomes a member or participant under
7Article 12 on or after January 1, 2022 or who makes the
8election under item (i) of subsection (d-15) of this Section)
9and has at least 10 years of service credit and is otherwise
10eligible under the requirements of the applicable Article.
11    A member or participant who has attained age 62 (age 60,
12with respect to service under Article 12 that is subject to
13this Section, for a member or participant under Article 12 who
14first becomes a member or participant under Article 12 on or
15after January 1, 2022 or who makes the election under item (i)
16of subsection (d-15) of this Section) and has at least 10 years
17of service credit and is otherwise eligible under the
18requirements of the applicable Article may elect to receive
19the lower retirement annuity provided in subsection (d) of
20this Section.
21    (c-5) A person who first becomes a member or a participant
22subject to this Section on or after July 6, 2017 (the effective
23date of Public Act 100-23), notwithstanding any other
24provision of this Code to the contrary, is entitled to a
25retirement annuity under Article 8 or Article 11 upon written
26application if he or she has attained age 65 and has at least

 

 

HB3297- 33 -LRB103 27602 RPS 53978 b

110 years of service credit and is otherwise eligible under the
2requirements of Article 8 or Article 11 of this Code,
3whichever is applicable.
4    (d) The retirement annuity of a member or participant who
5is retiring after attaining age 62 (age 60, with respect to
6service under Article 12 that is subject to this Section, for a
7member or participant under Article 12 who first becomes a
8member or participant under Article 12 on or after January 1,
92022 or who makes the election under item (i) of subsection
10(d-15) of this Section) with at least 10 years of service
11credit shall be reduced by one-half of 1% for each full month
12that the member's age is under age 67 (age 65, with respect to
13service under Article 12 that is subject to this Section, for a
14member or participant under Article 12 who first becomes a
15member or participant under Article 12 on or after January 1,
162022 or who makes the election under item (i) of subsection
17(d-15) of this Section).
18    (d-5) The retirement annuity payable under Article 8 or
19Article 11 to an eligible person subject to subsection (c-5)
20of this Section who is retiring at age 60 with at least 10
21years of service credit shall be reduced by one-half of 1% for
22each full month that the member's age is under age 65.
23    (d-10) Each person who first became a member or
24participant under Article 8 or Article 11 of this Code on or
25after January 1, 2011 and prior to July 6, 2017 (the effective
26date of Public Act 100-23) shall make an irrevocable election

 

 

HB3297- 34 -LRB103 27602 RPS 53978 b

1either:
2        (i) to be eligible for the reduced retirement age
3    provided in subsections (c-5) and (d-5) of this Section,
4    the eligibility for which is conditioned upon the member
5    or participant agreeing to the increases in employee
6    contributions for age and service annuities provided in
7    subsection (a-5) of Section 8-174 of this Code (for
8    service under Article 8) or subsection (a-5) of Section
9    11-170 of this Code (for service under Article 11); or
10        (ii) to not agree to item (i) of this subsection
11    (d-10), in which case the member or participant shall
12    continue to be subject to the retirement age provisions in
13    subsections (c) and (d) of this Section and the employee
14    contributions for age and service annuity as provided in
15    subsection (a) of Section 8-174 of this Code (for service
16    under Article 8) or subsection (a) of Section 11-170 of
17    this Code (for service under Article 11).
18    The election provided for in this subsection shall be made
19between October 1, 2017 and November 15, 2017. A person
20subject to this subsection who makes the required election
21shall remain bound by that election. A person subject to this
22subsection who fails for any reason to make the required
23election within the time specified in this subsection shall be
24deemed to have made the election under item (ii).
25    (d-15) Each person who first becomes a member or
26participant under Article 12 on or after January 1, 2011 and

 

 

HB3297- 35 -LRB103 27602 RPS 53978 b

1prior to January 1, 2022 shall make an irrevocable election
2either:
3        (i) to be eligible for the reduced retirement age
4    specified in subsections (c) and (d) of this Section, the
5    eligibility for which is conditioned upon the member or
6    participant agreeing to the increase in employee
7    contributions for service annuities specified in
8    subsection (b) of Section 12-150; or
9        (ii) to not agree to item (i) of this subsection
10    (d-15), in which case the member or participant shall not
11    be eligible for the reduced retirement age specified in
12    subsections (c) and (d) of this Section and shall not be
13    subject to the increase in employee contributions for
14    service annuities specified in subsection (b) of Section
15    12-150.
16    The election provided for in this subsection shall be made
17between January 1, 2022 and April 1, 2022. A person subject to
18this subsection who makes the required election shall remain
19bound by that election. A person subject to this subsection
20who fails for any reason to make the required election within
21the time specified in this subsection shall be deemed to have
22made the election under item (ii).
23    (e) Any retirement annuity or supplemental annuity shall
24be subject to annual increases on the January 1 occurring
25either on or after the attainment of age 67 (age 65, with
26respect to service under Article 12 that is subject to this

 

 

HB3297- 36 -LRB103 27602 RPS 53978 b

1Section, for a member or participant under Article 12 who
2first becomes a member or participant under Article 12 on or
3after January 1, 2022 or who makes the election under item (i)
4of subsection (d-15); and beginning on July 6, 2017 (the
5effective date of Public Act 100-23), age 65 with respect to
6service under Article 8 or Article 11 for eligible persons
7who: (i) are subject to subsection (c-5) of this Section; or
8(ii) made the election under item (i) of subsection (d-10) of
9this Section) or the first anniversary of the annuity start
10date, whichever is later. Each annual increase shall be
11calculated at 3% or one-half the annual unadjusted percentage
12increase (but not less than zero) in the consumer price
13index-u for the 12 months ending with the September preceding
14each November 1, whichever is less, of the originally granted
15retirement annuity. If the annual unadjusted percentage change
16in the consumer price index-u for the 12 months ending with the
17September preceding each November 1 is zero or there is a
18decrease, then the annuity shall not be increased.
19    For the purposes of Section 1-103.1 of this Code, the
20changes made to this Section by Public Act 102-263 are
21applicable without regard to whether the employee was in
22active service on or after August 6, 2021 (the effective date
23of Public Act 102-263).
24    For the purposes of Section 1-103.1 of this Code, the
25changes made to this Section by Public Act 100-23 are
26applicable without regard to whether the employee was in

 

 

HB3297- 37 -LRB103 27602 RPS 53978 b

1active service on or after July 6, 2017 (the effective date of
2Public Act 100-23).
3    (f) The initial survivor's or widow's annuity of an
4otherwise eligible survivor or widow of a retired member or
5participant who first became a member or participant on or
6after January 1, 2011 shall be in the amount of 66 2/3% of the
7retired member's or participant's retirement annuity at the
8date of death. In the case of the death of a member or
9participant who has not retired and who first became a member
10or participant on or after January 1, 2011, eligibility for a
11survivor's or widow's annuity shall be determined by the
12applicable Article of this Code. The initial benefit shall be
1366 2/3% of the earned annuity without a reduction due to age. A
14child's annuity of an otherwise eligible child shall be in the
15amount prescribed under each Article if applicable. Any
16survivor's or widow's annuity shall be increased (1) on each
17January 1 occurring on or after the commencement of the
18annuity if the deceased member died while receiving a
19retirement annuity or (2) in other cases, on each January 1
20occurring after the first anniversary of the commencement of
21the annuity. Each annual increase shall be calculated at 3% or
22one-half the annual unadjusted percentage increase (but not
23less than zero) in the consumer price index-u for the 12 months
24ending with the September preceding each November 1, whichever
25is less, of the originally granted survivor's annuity. If the
26annual unadjusted percentage change in the consumer price

 

 

HB3297- 38 -LRB103 27602 RPS 53978 b

1index-u for the 12 months ending with the September preceding
2each November 1 is zero or there is a decrease, then the
3annuity shall not be increased.
4    (g) The benefits in Section 14-110 apply only if the
5person is a State policeman, a fire fighter in the fire
6protection service of a department, a conservation police
7officer, an investigator for the Secretary of State, an
8investigator for the Office of the Attorney General, an arson
9investigator, a Commerce Commission police officer,
10investigator for the Department of Revenue or the Illinois
11Gaming Board, a security employee of the Department of
12Corrections or the Department of Juvenile Justice, or a
13security employee of the Department of Innovation and
14Technology, as those terms are defined in subsection (b) and
15subsection (c) of Section 14-110. A person who meets the
16requirements of this Section is entitled to an annuity
17calculated under the provisions of Section 14-110, in lieu of
18the regular or minimum retirement annuity, only if the person
19has withdrawn from service with not less than 20 years of
20eligible creditable service and has attained age 60,
21regardless of whether the attainment of age 60 occurs while
22the person is still in service.
23    (g-1) The benefits in Section 14-110 apply if the person
24is a security employee of the Department of Human Services, as
25those terms are defined in subsection (b) and subsection (c)
26of Section 14-110. A person who meets the requirements of this

 

 

HB3297- 39 -LRB103 27602 RPS 53978 b

1Section is entitled to an annuity calculated under the
2provisions of Section 14-110, in lieu of the regular or
3minimum retirement annuity, only if the person has withdrawn
4from service with not less than 20 years of eligible
5creditable service and has attained age 55, regardless of
6whether the attainment of age 55 occurs while the person is
7still in service.
8    (h) If a person who first becomes a member or a participant
9of a retirement system or pension fund subject to this Section
10on or after January 1, 2011 is receiving a retirement annuity
11or retirement pension under that system or fund and becomes a
12member or participant under any other system or fund created
13by this Code and is employed on a full-time basis, except for
14those members or participants exempted from the provisions of
15this Section under subsection (a) of this Section, then the
16person's retirement annuity or retirement pension under that
17system or fund shall be suspended during that employment. Upon
18termination of that employment, the person's retirement
19annuity or retirement pension payments shall resume and be
20recalculated if recalculation is provided for under the
21applicable Article of this Code.
22    If a person who first becomes a member of a retirement
23system or pension fund subject to this Section on or after
24January 1, 2012 and is receiving a retirement annuity or
25retirement pension under that system or fund and accepts on a
26contractual basis a position to provide services to a

 

 

HB3297- 40 -LRB103 27602 RPS 53978 b

1governmental entity from which he or she has retired, then
2that person's annuity or retirement pension earned as an
3active employee of the employer shall be suspended during that
4contractual service. A person receiving an annuity or
5retirement pension under this Code shall notify the pension
6fund or retirement system from which he or she is receiving an
7annuity or retirement pension, as well as his or her
8contractual employer, of his or her retirement status before
9accepting contractual employment. A person who fails to submit
10such notification shall be guilty of a Class A misdemeanor and
11required to pay a fine of $1,000. Upon termination of that
12contractual employment, the person's retirement annuity or
13retirement pension payments shall resume and, if appropriate,
14be recalculated under the applicable provisions of this Code.
15    (i) (Blank).
16    (j) In the case of a conflict between the provisions of
17this Section and any other provision of this Code, the
18provisions of this Section shall control.
19(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
20102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-956, eff.
215-27-22.)
 
22    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
23    (Text of Section from P.A. 102-813)
24    Sec. 14-110. Alternative retirement annuity.
25    (a) Any member who has withdrawn from service with not

 

 

HB3297- 41 -LRB103 27602 RPS 53978 b

1less than 20 years of eligible creditable service and has
2attained age 55, and any member who has withdrawn from service
3with not less than 25 years of eligible creditable service and
4has attained age 50, regardless of whether the attainment of
5either of the specified ages occurs while the member is still
6in service, shall be entitled to receive at the option of the
7member, in lieu of the regular or minimum retirement annuity,
8a retirement annuity computed as follows:
9        (i) for periods of service as a noncovered employee:
10    if retirement occurs on or after January 1, 2001, 3% of
11    final average compensation for each year of creditable
12    service; if retirement occurs before January 1, 2001, 2
13    1/4% of final average compensation for each of the first
14    10 years of creditable service, 2 1/2% for each year above
15    10 years to and including 20 years of creditable service,
16    and 2 3/4% for each year of creditable service above 20
17    years; and
18        (ii) for periods of eligible creditable service as a
19    covered employee: if retirement occurs on or after January
20    1, 2001, 2.5% of final average compensation for each year
21    of creditable service; if retirement occurs before January
22    1, 2001, 1.67% of final average compensation for each of
23    the first 10 years of such service, 1.90% for each of the
24    next 10 years of such service, 2.10% for each year of such
25    service in excess of 20 but not exceeding 30, and 2.30% for
26    each year in excess of 30.

 

 

HB3297- 42 -LRB103 27602 RPS 53978 b

1    Such annuity shall be subject to a maximum of 75% of final
2average compensation if retirement occurs before January 1,
32001 or to a maximum of 80% of final average compensation if
4retirement occurs on or after January 1, 2001.
5    These rates shall not be applicable to any service
6performed by a member as a covered employee which is not
7eligible creditable service. Service as a covered employee
8which is not eligible creditable service shall be subject to
9the rates and provisions of Section 14-108.
10    (b) For the purpose of this Section, "eligible creditable
11service" means creditable service resulting from service in
12one or more of the following positions:
13        (1) State policeman;
14        (2) fire fighter in the fire protection service of a
15    department;
16        (3) air pilot;
17        (4) special agent;
18        (5) investigator for the Secretary of State;
19        (6) conservation police officer;
20        (7) investigator for the Department of Revenue or the
21    Illinois Gaming Board;
22        (8) security employee of the Department of Human
23    Services;
24        (9) Central Management Services security police
25    officer;
26        (10) security employee of the Department of

 

 

HB3297- 43 -LRB103 27602 RPS 53978 b

1    Corrections or the Department of Juvenile Justice;
2        (11) dangerous drugs investigator;
3        (12) investigator for the Illinois State Police;
4        (13) investigator for the Office of the Attorney
5    General;
6        (14) controlled substance inspector;
7        (15) investigator for the Office of the State's
8    Attorneys Appellate Prosecutor;
9        (16) Commerce Commission police officer;
10        (17) arson investigator;
11        (18) State highway maintenance worker;
12        (19) security employee of the Department of Innovation
13    and Technology; or
14        (20) transferred employee.
15    A person employed in one of the positions specified in
16this subsection is entitled to eligible creditable service for
17service credit earned under this Article while undergoing the
18basic police training course approved by the Illinois Law
19Enforcement Training Standards Board, if completion of that
20training is required of persons serving in that position. For
21the purposes of this Code, service during the required basic
22police training course shall be deemed performance of the
23duties of the specified position, even though the person is
24not a sworn peace officer at the time of the training.
25    A person under paragraph (20) is entitled to eligible
26creditable service for service credit earned under this

 

 

HB3297- 44 -LRB103 27602 RPS 53978 b

1Article on and after his or her transfer by Executive Order No.
22003-10, Executive Order No. 2004-2, or Executive Order No.
32016-1.
4    (c) For the purposes of this Section:
5        (1) The term "State policeman" includes any title or
6    position in the Illinois State Police that is held by an
7    individual employed under the Illinois State Police Act.
8        (2) The term "fire fighter in the fire protection
9    service of a department" includes all officers in such
10    fire protection service including fire chiefs and
11    assistant fire chiefs.
12        (3) The term "air pilot" includes any employee whose
13    official job description on file in the Department of
14    Central Management Services, or in the department by which
15    he is employed if that department is not covered by the
16    Personnel Code, states that his principal duty is the
17    operation of aircraft, and who possesses a pilot's
18    license; however, the change in this definition made by
19    Public Act 83-842 shall not operate to exclude any
20    noncovered employee who was an "air pilot" for the
21    purposes of this Section on January 1, 1984.
22        (4) The term "special agent" means any person who by
23    reason of employment by the Division of Narcotic Control,
24    the Bureau of Investigation or, after July 1, 1977, the
25    Division of Criminal Investigation, the Division of
26    Internal Investigation, the Division of Operations, the

 

 

HB3297- 45 -LRB103 27602 RPS 53978 b

1    Division of Patrol Operations, or any other Division or
2    organizational entity in the Illinois State Police is
3    vested by law with duties to maintain public order,
4    investigate violations of the criminal law of this State,
5    enforce the laws of this State, make arrests and recover
6    property. The term "special agent" includes any title or
7    position in the Illinois State Police that is held by an
8    individual employed under the Illinois State Police Act.
9        (5) The term "investigator for the Secretary of State"
10    means any person employed by the Office of the Secretary
11    of State and vested with such investigative duties as
12    render him ineligible for coverage under the Social
13    Security Act by reason of Sections 218(d)(5)(A),
14    218(d)(8)(D) and 218(l)(1) of that Act.
15        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 single
19    break in service of not more than 3 years duration, which
20    break terminated before January 1, 1976, shall be entitled
21    to have his retirement annuity calculated in accordance
22    with subsection (a), notwithstanding that he has less than
23    20 years of credit for such service.
24        (6) The term "Conservation Police Officer" means any
25    person employed by the Division of Law Enforcement of the
26    Department of Natural Resources and vested with such law

 

 

HB3297- 46 -LRB103 27602 RPS 53978 b

1    enforcement duties as render him ineligible for coverage
2    under the Social Security Act by reason of Sections
3    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
4    term "Conservation Police Officer" includes the positions
5    of Chief Conservation Police Administrator and Assistant
6    Conservation Police Administrator.
7        (7) The term "investigator for the Department of
8    Revenue" means any person employed by the Department of
9    Revenue and vested with such investigative duties as
10    render him ineligible for coverage under the Social
11    Security Act by reason of Sections 218(d)(5)(A),
12    218(d)(8)(D) and 218(l)(1) of that Act.
13        The term "investigator for the Illinois Gaming Board"
14    means any person employed as such by the Illinois Gaming
15    Board and vested with such peace officer 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.
19        (8) The term "security employee of the Department of
20    Human Services" means any person employed by the
21    Department of Human Services who (i) is employed at the
22    Chester Mental Health Center and has daily contact with
23    the residents thereof, (ii) is employed within a security
24    unit at a facility operated by the Department and has
25    daily contact with the residents of the security unit,
26    (iii) is employed at a facility operated by the Department

 

 

HB3297- 47 -LRB103 27602 RPS 53978 b

1    that includes a security unit and is regularly scheduled
2    to work at least 50% of his or her working hours within
3    that security unit, or (iv) is a mental health police
4    officer. "Mental health police officer" means any person
5    employed by the Department of Human Services in a position
6    pertaining to the Department's mental health and
7    developmental disabilities functions who is vested with
8    such law enforcement duties as render the person
9    ineligible for coverage under the Social Security Act by
10    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
11    218(l)(1) of that Act. "Security unit" means that portion
12    of a facility that is devoted to the care, containment,
13    and treatment of persons committed to the Department of
14    Human Services as sexually violent persons, persons unfit
15    to stand trial, or persons not guilty by reason of
16    insanity. With respect to past employment, references to
17    the Department of Human Services include its predecessor,
18    the Department of Mental Health and Developmental
19    Disabilities.
20        The changes made to this subdivision (c)(8) by Public
21    Act 92-14 apply to persons who retire on or after January
22    1, 2001, notwithstanding Section 1-103.1.
23        (9) "Central Management Services security police
24    officer" means any person employed by the Department of
25    Central Management Services who is vested with such law
26    enforcement duties as render him ineligible for coverage

 

 

HB3297- 48 -LRB103 27602 RPS 53978 b

1    under the Social Security Act by reason of Sections
2    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
3        (10) For a member who first became an employee under
4    this Article before July 1, 2005, the term "security
5    employee of the Department of Corrections or the
6    Department of Juvenile Justice" means any employee of the
7    Department of Corrections or the Department of Juvenile
8    Justice or the former Department of Personnel, and any
9    member or employee of the Prisoner Review Board, who has
10    daily contact with inmates or youth by working within a
11    correctional facility or Juvenile facility operated by the
12    Department of Juvenile Justice or who is a parole officer
13    or an employee who has direct contact with committed
14    persons in the performance of his or her job duties. For a
15    member who first becomes an employee under this Article on
16    or after July 1, 2005, the term means an employee of the
17    Department of Corrections or the Department of Juvenile
18    Justice who is any of the following: (i) officially
19    headquartered at a correctional facility or Juvenile
20    facility operated by the Department of Juvenile Justice,
21    (ii) a parole officer, (iii) a member of the apprehension
22    unit, (iv) a member of the intelligence unit, (v) a member
23    of the sort team, or (vi) an investigator.
24        (11) The term "dangerous drugs investigator" means any
25    person who is employed as such by the Department of Human
26    Services.

 

 

HB3297- 49 -LRB103 27602 RPS 53978 b

1        (12) The term "investigator for the Illinois State
2    Police" means a person employed by the Illinois State
3    Police who is vested under Section 4 of the Narcotic
4    Control Division Abolition Act with such law enforcement
5    powers as render him ineligible for coverage under the
6    Social Security Act by reason of Sections 218(d)(5)(A),
7    218(d)(8)(D) and 218(l)(1) of that Act.
8        (13) "Investigator for the Office of the Attorney
9    General" means any person who is employed as such by the
10    Office of the Attorney General and is vested with such
11    investigative duties as render him ineligible for coverage
12    under the Social Security Act by reason of Sections
13    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
14    the period before January 1, 1989, the term includes all
15    persons who were employed as investigators by the Office
16    of the Attorney General, without regard to social security
17    status.
18        (14) "Controlled substance inspector" means any person
19    who is employed as such by the Department of Professional
20    Regulation and is vested with such law enforcement duties
21    as render him ineligible for coverage under the Social
22    Security Act by reason of Sections 218(d)(5)(A),
23    218(d)(8)(D) and 218(l)(1) of that Act. The term
24    "controlled substance inspector" includes the Program
25    Executive of Enforcement and the Assistant Program
26    Executive of Enforcement.

 

 

HB3297- 50 -LRB103 27602 RPS 53978 b

1        (15) The term "investigator for the Office of the
2    State's Attorneys Appellate Prosecutor" means a person
3    employed in that capacity on a full-time basis under the
4    authority of Section 7.06 of the State's Attorneys
5    Appellate Prosecutor's Act.
6        (16) "Commerce Commission police officer" means any
7    person employed by the Illinois Commerce Commission who is
8    vested with such law enforcement duties as render him
9    ineligible for coverage under the Social Security Act by
10    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
11    218(l)(1) of that Act.
12        (17) "Arson investigator" means any person who is
13    employed as such by the Office of the State Fire Marshal
14    and is vested with such law enforcement duties as render
15    the person ineligible for coverage under the Social
16    Security Act by reason of Sections 218(d)(5)(A),
17    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
18    employed as an arson investigator on January 1, 1995 and
19    is no longer in service but not yet receiving a retirement
20    annuity may convert his or her creditable service for
21    employment as an arson investigator into eligible
22    creditable service by paying to the System the difference
23    between the employee contributions actually paid for that
24    service and the amounts that would have been contributed
25    if the applicant were contributing at the rate applicable
26    to persons with the same social security status earning

 

 

HB3297- 51 -LRB103 27602 RPS 53978 b

1    eligible creditable service on the date of application.
2        (18) The term "State highway maintenance worker" means
3    a person who is either of the following:
4            (i) A person employed on a full-time basis by the
5        Illinois Department of Transportation in the position
6        of highway maintainer, highway maintenance lead
7        worker, highway maintenance lead/lead worker, heavy
8        construction equipment operator, power shovel
9        operator, or bridge mechanic; and whose principal
10        responsibility is to perform, on the roadway, the
11        actual maintenance necessary to keep the highways that
12        form a part of the State highway system in serviceable
13        condition for vehicular traffic.
14            (ii) A person employed on a full-time basis by the
15        Illinois State Toll Highway Authority in the position
16        of equipment operator/laborer H-4, equipment
17        operator/laborer H-6, welder H-4, welder H-6,
18        mechanical/electrical H-4, mechanical/electrical H-6,
19        water/sewer H-4, water/sewer H-6, sign maker/hanger
20        H-4, sign maker/hanger H-6, roadway lighting H-4,
21        roadway lighting H-6, structural H-4, structural H-6,
22        painter H-4, or painter H-6; and whose principal
23        responsibility is to perform, on the roadway, the
24        actual maintenance necessary to keep the Authority's
25        tollways in serviceable condition for vehicular
26        traffic.

 

 

HB3297- 52 -LRB103 27602 RPS 53978 b

1        (19) The term "security employee of the Department of
2    Innovation and Technology" means a person who was a
3    security employee of the Department of Corrections or the
4    Department of Juvenile Justice, was transferred to the
5    Department of Innovation and Technology pursuant to
6    Executive Order 2016-01, and continues to perform similar
7    job functions under that Department.
8        (20) "Transferred employee" means an employee who was
9    transferred to the Department of Central Management
10    Services by Executive Order No. 2003-10 or Executive Order
11    No. 2004-2 or transferred to the Department of Innovation
12    and Technology by Executive Order No. 2016-1, or both, and
13    was entitled to eligible creditable service for services
14    immediately preceding the transfer.
15    (d) A security employee of the Department of Corrections
16or the Department of Juvenile Justice, a security employee of
17the Department of Human Services who is not a mental health
18police officer, and a security employee of the Department of
19Innovation and Technology shall not be eligible for the
20alternative retirement annuity provided by this Section unless
21he or she meets the following minimum age and service
22requirements at the time of retirement:
23        (i) 25 years of eligible creditable service and age
24    55; or
25        (ii) beginning January 1, 1987, 25 years of eligible
26    creditable service and age 54, or 24 years of eligible

 

 

HB3297- 53 -LRB103 27602 RPS 53978 b

1    creditable service and age 55; or
2        (iii) beginning January 1, 1988, 25 years of eligible
3    creditable service and age 53, or 23 years of eligible
4    creditable service and age 55; or
5        (iv) beginning January 1, 1989, 25 years of eligible
6    creditable service and age 52, or 22 years of eligible
7    creditable service and age 55; or
8        (v) beginning January 1, 1990, 25 years of eligible
9    creditable service and age 51, or 21 years of eligible
10    creditable service and age 55; or
11        (vi) beginning January 1, 1991, 25 years of eligible
12    creditable service and age 50, or 20 years of eligible
13    creditable service and age 55.
14    Persons who have service credit under Article 16 of this
15Code for service as a security employee of the Department of
16Corrections or the Department of Juvenile Justice, or the
17Department of Human Services in a position requiring
18certification as a teacher may count such service toward
19establishing their eligibility under the service requirements
20of this Section; but such service may be used only for
21establishing such eligibility, and not for the purpose of
22increasing or calculating any benefit.
23    (e) If a member enters military service while working in a
24position in which eligible creditable service may be earned,
25and returns to State service in the same or another such
26position, and fulfills in all other respects the conditions

 

 

HB3297- 54 -LRB103 27602 RPS 53978 b

1prescribed in this Article for credit for military service,
2such military service shall be credited as eligible creditable
3service for the purposes of the retirement annuity prescribed
4in this Section.
5    (f) For purposes of calculating retirement annuities under
6this Section, periods of service rendered after December 31,
71968 and before October 1, 1975 as a covered employee in the
8position of special agent, conservation police officer, mental
9health police officer, or investigator for the Secretary of
10State, shall be deemed to have been service as a noncovered
11employee, provided that the employee pays to the System prior
12to retirement an amount equal to (1) the difference between
13the employee contributions that would have been required for
14such service as a noncovered employee, and the amount of
15employee contributions actually paid, plus (2) if payment is
16made after July 31, 1987, regular interest on the amount
17specified in item (1) from the date of service to the date of
18payment.
19    For purposes of calculating retirement annuities under
20this Section, periods of service rendered after December 31,
211968 and before January 1, 1982 as a covered employee in the
22position of investigator for the Department of Revenue shall
23be deemed to have been service as a noncovered employee,
24provided that the employee pays to the System prior to
25retirement an amount equal to (1) the difference between the
26employee contributions that would have been required for such

 

 

HB3297- 55 -LRB103 27602 RPS 53978 b

1service as a noncovered employee, and the amount of employee
2contributions actually paid, plus (2) if payment is made after
3January 1, 1990, regular interest on the amount specified in
4item (1) from the date of service to the date of payment.
5    (g) A State policeman may elect, not later than January 1,
61990, to establish eligible creditable service for up to 10
7years of his service as a policeman under Article 3, by filing
8a written election with the Board, accompanied by payment of
9an amount to be determined by the Board, equal to (i) the
10difference between the amount of employee and employer
11contributions transferred to the System under Section 3-110.5,
12and the amounts that would have been contributed had such
13contributions been made at the rates applicable to State
14policemen, plus (ii) interest thereon at the effective rate
15for each year, compounded annually, from the date of service
16to the date of payment.
17    Subject to the limitation in subsection (i), a State
18policeman may elect, not later than July 1, 1993, to establish
19eligible creditable service for up to 10 years of his service
20as a member of the County Police Department under Article 9, by
21filing a written election with the Board, accompanied by
22payment of an amount to be determined by the Board, equal to
23(i) the difference between the amount of employee and employer
24contributions transferred to the System under Section 9-121.10
25and the amounts that would have been contributed had those
26contributions been made at the rates applicable to State

 

 

HB3297- 56 -LRB103 27602 RPS 53978 b

1policemen, plus (ii) interest thereon at the effective rate
2for each year, compounded annually, from the date of service
3to the date of payment.
4    (h) Subject to the limitation in subsection (i), a State
5policeman or investigator for the Secretary of State may elect
6to establish eligible creditable service for up to 12 years of
7his service as a policeman under Article 5, by filing a written
8election with the Board on or before January 31, 1992, and
9paying to the System by January 31, 1994 an amount to be
10determined by the Board, equal to (i) the difference between
11the amount of employee and employer contributions transferred
12to the System under Section 5-236, and the amounts that would
13have been contributed had such contributions been made at the
14rates applicable to State policemen, plus (ii) interest
15thereon at the effective rate for each year, compounded
16annually, from the date of service to the date of payment.
17    Subject to the limitation in subsection (i), a State
18policeman, conservation police officer, or investigator for
19the Secretary of State may elect to establish eligible
20creditable service for up to 10 years of service as a sheriff's
21law enforcement employee under Article 7, by filing a written
22election with the Board on or before January 31, 1993, and
23paying to the System by January 31, 1994 an amount to be
24determined by the Board, equal to (i) the difference between
25the amount of employee and employer contributions transferred
26to the System under Section 7-139.7, and the amounts that

 

 

HB3297- 57 -LRB103 27602 RPS 53978 b

1would have been contributed had such contributions been made
2at the rates applicable to State policemen, plus (ii) interest
3thereon at the effective rate for each year, compounded
4annually, from the date of service to the date of payment.
5    Subject to the limitation in subsection (i), a State
6policeman, conservation police officer, or investigator for
7the Secretary of State may elect to establish eligible
8creditable service for up to 5 years of service as a police
9officer under Article 3, a policeman under Article 5, a
10sheriff's law enforcement employee under Article 7, a member
11of the county police department under Article 9, or a police
12officer under Article 15 by filing a written election with the
13Board and paying to the System an amount to be determined by
14the Board, equal to (i) the difference between the amount of
15employee and employer contributions transferred to the System
16under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
17and the amounts that would have been contributed had such
18contributions been made at the rates applicable to State
19policemen, plus (ii) interest thereon at the effective rate
20for each year, compounded annually, from the date of service
21to the date of payment.
22    Subject to the limitation in subsection (i), an
23investigator for the Office of the Attorney General, or an
24investigator for the Department of Revenue, may elect to
25establish eligible creditable service for up to 5 years of
26service as a police officer under Article 3, a policeman under

 

 

HB3297- 58 -LRB103 27602 RPS 53978 b

1Article 5, a sheriff's law enforcement employee under Article
27, or a member of the county police department under Article 9
3by filing a written election with the Board within 6 months
4after August 25, 2009 (the effective date of Public Act
596-745) and paying to the System an amount to be determined by
6the Board, equal to (i) the difference between the amount of
7employee and employer contributions transferred to the System
8under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
9amounts that would have been contributed had such
10contributions been made at the rates applicable to State
11policemen, plus (ii) interest thereon at the actuarially
12assumed rate for each year, compounded annually, from the date
13of service to the date of payment.
14    Subject to the limitation in subsection (i), a State
15policeman, conservation police officer, investigator for the
16Office of the Attorney General, an investigator for the
17Department of Revenue, or investigator for the Secretary of
18State may elect to establish eligible creditable service for
19up to 5 years of service as a person employed by a
20participating municipality to perform police duties, or law
21enforcement officer employed on a full-time basis by a forest
22preserve district under Article 7, a county corrections
23officer, or a court services officer under Article 9, by
24filing a written election with the Board within 6 months after
25August 25, 2009 (the effective date of Public Act 96-745) and
26paying to the System an amount to be determined by the Board,

 

 

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1equal to (i) the difference between the amount of employee and
2employer contributions transferred to the System under
3Sections 7-139.8 and 9-121.10 and the amounts that would have
4been contributed had such contributions been made at the rates
5applicable to State policemen, plus (ii) interest thereon at
6the actuarially assumed rate for each year, compounded
7annually, from the date of service to the date of payment.
8    Subject to the limitation in subsection (i), a State
9policeman, arson investigator, or Commerce Commission police
10officer may elect to establish eligible creditable service for
11up to 5 years of service as a person employed by a
12participating municipality to perform police duties under
13Article 7, a county corrections officer, a court services
14officer under Article 9, or a firefighter under Article 4 by
15filing a written election with the Board within 6 months after
16July 30, 2021 (the effective date of Public Act 102-210) and
17paying to the System an amount to be determined by the Board
18equal to (i) the difference between the amount of employee and
19employer contributions transferred to the System under
20Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
21would have been contributed had such contributions been made
22at the rates applicable to State policemen, plus (ii) interest
23thereon at the actuarially assumed rate for each year,
24compounded annually, from the date of service to the date of
25payment.
26    Subject to the limitation in subsection (i), a

 

 

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1conservation police officer may elect to establish eligible
2creditable service for up to 5 years of service as a person
3employed by a participating municipality to perform police
4duties under Article 7, a county corrections officer, or a
5court services officer under Article 9 by filing a written
6election with the Board within 6 months after July 30, 2021
7(the effective date of Public Act 102-210) and paying to the
8System an amount to be determined by the Board equal to (i) the
9difference between the amount of employee and employer
10contributions transferred to the System under Sections 7-139.8
11and 9-121.10 and the amounts that would have been contributed
12had such contributions been made at the rates applicable to
13State policemen, plus (ii) interest thereon at the actuarially
14assumed rate for each year, compounded annually, from the date
15of service to the date of payment.
16    Notwithstanding the limitation in subsection (i), a State
17policeman or conservation police officer may elect to convert
18service credit earned under this Article to eligible
19creditable service, as defined by this Section, by filing a
20written election with the board within 6 months after July 30,
212021 (the effective date of Public Act 102-210) and paying to
22the System an amount to be determined by the Board equal to (i)
23the difference between the amount of employee contributions
24originally paid for that service and the amounts that would
25have been contributed had such contributions been made at the
26rates applicable to State policemen, plus (ii) the difference

 

 

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1between the employer's normal cost of the credit prior to the
2conversion authorized by Public Act 102-210 and the employer's
3normal cost of the credit converted in accordance with Public
4Act 102-210, plus (iii) interest thereon at the actuarially
5assumed rate for each year, compounded annually, from the date
6of service to the date of payment.
7    (i) The total amount of eligible creditable service
8established by any person under subsections (g), (h), (j),
9(k), (l), (l-5), and (o), and (q) of this Section shall not
10exceed 12 years.
11    (j) Subject to the limitation in subsection (i), an
12investigator for the Office of the State's Attorneys Appellate
13Prosecutor or a controlled substance inspector may elect to
14establish eligible creditable service for up to 10 years of
15his service as a policeman under Article 3 or a sheriff's law
16enforcement employee under Article 7, by filing a written
17election with the Board, accompanied by payment of an amount
18to be determined by the Board, equal to (1) the difference
19between the amount of employee and employer contributions
20transferred to the System under Section 3-110.6 or 7-139.8,
21and the amounts that would have been contributed had such
22contributions been made at the rates applicable to State
23policemen, plus (2) interest thereon at the effective rate for
24each year, compounded annually, from the date of service to
25the date of payment.
26    (k) Subject to the limitation in subsection (i) of this

 

 

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1Section, an alternative formula employee may elect to
2establish eligible creditable service for periods spent as a
3full-time law enforcement officer or full-time corrections
4officer employed by the federal government or by a state or
5local government located outside of Illinois, for which credit
6is not held in any other public employee pension fund or
7retirement system. To obtain this credit, the applicant must
8file a written application with the Board by March 31, 1998,
9accompanied by evidence of eligibility acceptable to the Board
10and payment of an amount to be determined by the Board, equal
11to (1) employee contributions for the credit being
12established, based upon the applicant's salary on the first
13day as an alternative formula employee after the employment
14for which credit is being established and the rates then
15applicable to alternative formula employees, plus (2) an
16amount determined by the Board to be the employer's normal
17cost of the benefits accrued for the credit being established,
18plus (3) regular interest on the amounts in items (1) and (2)
19from the first day as an alternative formula employee after
20the employment for which credit is being established to the
21date of payment.
22    (l) Subject to the limitation in subsection (i), a
23security employee of the Department of Corrections may elect,
24not later than July 1, 1998, to establish eligible creditable
25service for up to 10 years of his or her service as a policeman
26under Article 3, by filing a written election with the Board,

 

 

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1accompanied by payment of an amount to be determined by the
2Board, equal to (i) the difference between the amount of
3employee and employer contributions transferred to the System
4under Section 3-110.5, and the amounts that would have been
5contributed had such contributions been made at the rates
6applicable to security employees of the Department of
7Corrections, plus (ii) interest thereon at the effective rate
8for each year, compounded annually, from the date of service
9to the date of payment.
10    (l-5) Subject to the limitation in subsection (i) of this
11Section, a State policeman may elect to establish eligible
12creditable service for up to 5 years of service as a full-time
13law enforcement officer employed by the federal government or
14by a state or local government located outside of Illinois for
15which credit is not held in any other public employee pension
16fund or retirement system. To obtain this credit, the
17applicant must file a written application with the Board no
18later than 3 years after January 1, 2020 (the effective date of
19Public Act 101-610), accompanied by evidence of eligibility
20acceptable to the Board and payment of an amount to be
21determined by the Board, equal to (1) employee contributions
22for the credit being established, based upon the applicant's
23salary on the first day as an alternative formula employee
24after the employment for which credit is being established and
25the rates then applicable to alternative formula employees,
26plus (2) an amount determined by the Board to be the employer's

 

 

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1normal cost of the benefits accrued for the credit being
2established, plus (3) regular interest on the amounts in items
3(1) and (2) from the first day as an alternative formula
4employee after the employment for which credit is being
5established to the date of payment.
6    (m) The amendatory changes to this Section made by Public
7Act 94-696 apply only to: (1) security employees of the
8Department of Juvenile Justice employed by the Department of
9Corrections before June 1, 2006 (the effective date of Public
10Act 94-696) and transferred to the Department of Juvenile
11Justice by Public Act 94-696; and (2) persons employed by the
12Department of Juvenile Justice on or after June 1, 2006 (the
13effective date of Public Act 94-696) who are required by
14subsection (b) of Section 3-2.5-15 of the Unified Code of
15Corrections to have any bachelor's or advanced degree from an
16accredited college or university or, in the case of persons
17who provide vocational training, who are required to have
18adequate knowledge in the skill for which they are providing
19the vocational training.
20    (n) A person employed in a position under subsection (b)
21of this Section who has purchased service credit under
22subsection (j) of Section 14-104 or subsection (b) of Section
2314-105 in any other capacity under this Article may convert up
24to 5 years of that service credit into service credit covered
25under this Section by paying to the Fund an amount equal to (1)
26the additional employee contribution required under Section

 

 

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114-133, plus (2) the additional employer contribution required
2under Section 14-131, plus (3) interest on items (1) and (2) at
3the actuarially assumed rate from the date of the service to
4the date of payment.
5    (o) Subject to the limitation in subsection (i), a
6conservation police officer, investigator for the Secretary of
7State, Commerce Commission police officer, investigator for
8the Department of Revenue or the Illinois Gaming Board, or
9arson investigator subject to subsection (g) of Section 1-160
10may elect to convert up to 8 years of service credit
11established before January 1, 2020 (the effective date of
12Public Act 101-610) as a conservation police officer,
13investigator for the Secretary of State, Commerce Commission
14police officer, investigator for the Department of Revenue or
15the Illinois Gaming Board, or arson investigator under this
16Article into eligible creditable service by filing a written
17election with the Board no later than one year after January 1,
182020 (the effective date of Public Act 101-610), accompanied
19by payment of an amount to be determined by the Board equal to
20(i) the difference between the amount of the employee
21contributions actually paid for that service and the amount of
22the employee contributions that would have been paid had the
23employee contributions been made as a noncovered employee
24serving in a position in which eligible creditable service, as
25defined in this Section, may be earned, plus (ii) interest
26thereon at the effective rate for each year, compounded

 

 

HB3297- 66 -LRB103 27602 RPS 53978 b

1annually, from the date of service to the date of payment.
2    (q) Subject to the limitation in subsection (i), a
3security employee of the Department of Human Services who is
4subject to subsection (g-1) of Section 1-160 may elect to
5convert up to 9 years of service credit established before the
6effective date of this amendatory Act of the 103rd General
7Assembly as a security employee of the Department of Human
8Services to eligible creditable service by filing a written
9election with the Board no later than one year after the
10effective date of this amendatory Act of the 103rd General
11Assembly, accompanied by payment of an amount, to be
12determined by the Board, equal to (i) the difference between
13the amount of the employee contributions actually paid for
14that service and the amount of the employee contributions that
15would have been paid had the employee contributions been made
16as a covered employee serving in a position in which eligible
17creditable service, as defined in this Section, may be earned,
18plus (ii) interest thereon at the effective rate for each
19year, compounded annually, from the date of service to the
20date of payment.
21(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
22102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
23    (Text of Section from P.A. 102-856)
24    Sec. 14-110. Alternative retirement annuity.
25    (a) Any member who has withdrawn from service with not

 

 

HB3297- 67 -LRB103 27602 RPS 53978 b

1less than 20 years of eligible creditable service and has
2attained age 55, and any member who has withdrawn from service
3with not less than 25 years of eligible creditable service and
4has attained age 50, regardless of whether the attainment of
5either of the specified ages occurs while the member is still
6in service, shall be entitled to receive at the option of the
7member, in lieu of the regular or minimum retirement annuity,
8a retirement annuity computed as follows:
9        (i) for periods of service as a noncovered employee:
10    if retirement occurs on or after January 1, 2001, 3% of
11    final average compensation for each year of creditable
12    service; if retirement occurs before January 1, 2001, 2
13    1/4% of final average compensation for each of the first
14    10 years of creditable service, 2 1/2% for each year above
15    10 years to and including 20 years of creditable service,
16    and 2 3/4% for each year of creditable service above 20
17    years; and
18        (ii) for periods of eligible creditable service as a
19    covered employee: if retirement occurs on or after January
20    1, 2001, 2.5% of final average compensation for each year
21    of creditable service; if retirement occurs before January
22    1, 2001, 1.67% of final average compensation for each of
23    the first 10 years of such service, 1.90% for each of the
24    next 10 years of such service, 2.10% for each year of such
25    service in excess of 20 but not exceeding 30, and 2.30% for
26    each year in excess of 30.

 

 

HB3297- 68 -LRB103 27602 RPS 53978 b

1    Such annuity shall be subject to a maximum of 75% of final
2average compensation if retirement occurs before January 1,
32001 or to a maximum of 80% of final average compensation if
4retirement occurs on or after January 1, 2001.
5    These rates shall not be applicable to any service
6performed by a member as a covered employee which is not
7eligible creditable service. Service as a covered employee
8which is not eligible creditable service shall be subject to
9the rates and provisions of Section 14-108.
10    (b) For the purpose of this Section, "eligible creditable
11service" means creditable service resulting from service in
12one or more of the following positions:
13        (1) State policeman;
14        (2) fire fighter in the fire protection service of a
15    department;
16        (3) air pilot;
17        (4) special agent;
18        (5) investigator for the Secretary of State;
19        (6) conservation police officer;
20        (7) investigator for the Department of Revenue or the
21    Illinois Gaming Board;
22        (8) security employee of the Department of Human
23    Services;
24        (9) Central Management Services security police
25    officer;
26        (10) security employee of the Department of

 

 

HB3297- 69 -LRB103 27602 RPS 53978 b

1    Corrections or the Department of Juvenile Justice;
2        (11) dangerous drugs investigator;
3        (12) investigator for the Illinois State Police;
4        (13) investigator for the Office of the Attorney
5    General;
6        (14) controlled substance inspector;
7        (15) investigator for the Office of the State's
8    Attorneys Appellate Prosecutor;
9        (16) Commerce Commission police officer;
10        (17) arson investigator;
11        (18) State highway maintenance worker;
12        (19) security employee of the Department of Innovation
13    and Technology; or
14        (20) transferred employee.
15    A person employed in one of the positions specified in
16this subsection is entitled to eligible creditable service for
17service credit earned under this Article while undergoing the
18basic police training course approved by the Illinois Law
19Enforcement Training Standards Board, if completion of that
20training is required of persons serving in that position. For
21the purposes of this Code, service during the required basic
22police training course shall be deemed performance of the
23duties of the specified position, even though the person is
24not a sworn peace officer at the time of the training.
25    A person under paragraph (20) is entitled to eligible
26creditable service for service credit earned under this

 

 

HB3297- 70 -LRB103 27602 RPS 53978 b

1Article on and after his or her transfer by Executive Order No.
22003-10, Executive Order No. 2004-2, or Executive Order No.
32016-1.
4    (c) For the purposes of this Section:
5        (1) The term "State policeman" includes any title or
6    position in the Illinois State Police that is held by an
7    individual employed under the Illinois State Police Act.
8        (2) The term "fire fighter in the fire protection
9    service of a department" includes all officers in such
10    fire protection service including fire chiefs and
11    assistant fire chiefs.
12        (3) The term "air pilot" includes any employee whose
13    official job description on file in the Department of
14    Central Management Services, or in the department by which
15    he is employed if that department is not covered by the
16    Personnel Code, states that his principal duty is the
17    operation of aircraft, and who possesses a pilot's
18    license; however, the change in this definition made by
19    Public Act 83-842 shall not operate to exclude any
20    noncovered employee who was an "air pilot" for the
21    purposes of this Section on January 1, 1984.
22        (4) The term "special agent" means any person who by
23    reason of employment by the Division of Narcotic Control,
24    the Bureau of Investigation or, after July 1, 1977, the
25    Division of Criminal Investigation, the Division of
26    Internal Investigation, the Division of Operations, the

 

 

HB3297- 71 -LRB103 27602 RPS 53978 b

1    Division of Patrol Operations, or any other Division or
2    organizational entity in the Illinois State Police is
3    vested by law with duties to maintain public order,
4    investigate violations of the criminal law of this State,
5    enforce the laws of this State, make arrests and recover
6    property. The term "special agent" includes any title or
7    position in the Illinois State Police that is held by an
8    individual employed under the Illinois State Police Act.
9        (5) The term "investigator for the Secretary of State"
10    means any person employed by the Office of the Secretary
11    of State and vested with such investigative duties as
12    render him ineligible for coverage under the Social
13    Security Act by reason of Sections 218(d)(5)(A),
14    218(d)(8)(D) and 218(l)(1) of that Act.
15        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 single
19    break in service of not more than 3 years duration, which
20    break terminated before January 1, 1976, shall be entitled
21    to have his retirement annuity calculated in accordance
22    with subsection (a), notwithstanding that he has less than
23    20 years of credit for such service.
24        (6) The term "Conservation Police Officer" means any
25    person employed by the Division of Law Enforcement of the
26    Department of Natural Resources and vested with such law

 

 

HB3297- 72 -LRB103 27602 RPS 53978 b

1    enforcement duties as render him ineligible for coverage
2    under the Social Security Act by reason of Sections
3    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
4    term "Conservation Police Officer" includes the positions
5    of Chief Conservation Police Administrator and Assistant
6    Conservation Police Administrator.
7        (7) The term "investigator for the Department of
8    Revenue" means any person employed by the Department of
9    Revenue and vested with such investigative duties as
10    render him ineligible for coverage under the Social
11    Security Act by reason of Sections 218(d)(5)(A),
12    218(d)(8)(D) and 218(l)(1) of that Act.
13        The term "investigator for the Illinois Gaming Board"
14    means any person employed as such by the Illinois Gaming
15    Board and vested with such peace officer 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.
19        (8) The term "security employee of the Department of
20    Human Services" means any person employed by the
21    Department of Human Services who (i) is employed at the
22    Chester Mental Health Center and has daily contact with
23    the residents thereof, (ii) is employed within a security
24    unit at a facility operated by the Department and has
25    daily contact with the residents of the security unit,
26    (iii) is employed at a facility operated by the Department

 

 

HB3297- 73 -LRB103 27602 RPS 53978 b

1    that includes a security unit and is regularly scheduled
2    to work at least 50% of his or her working hours within
3    that security unit, or (iv) is a mental health police
4    officer. "Mental health police officer" means any person
5    employed by the Department of Human Services in a position
6    pertaining to the Department's mental health and
7    developmental disabilities functions who is vested with
8    such law enforcement duties as render the person
9    ineligible for coverage under the Social Security Act by
10    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
11    218(l)(1) of that Act. "Security unit" means that portion
12    of a facility that is devoted to the care, containment,
13    and treatment of persons committed to the Department of
14    Human Services as sexually violent persons, persons unfit
15    to stand trial, or persons not guilty by reason of
16    insanity. With respect to past employment, references to
17    the Department of Human Services include its predecessor,
18    the Department of Mental Health and Developmental
19    Disabilities.
20        The changes made to this subdivision (c)(8) by Public
21    Act 92-14 apply to persons who retire on or after January
22    1, 2001, notwithstanding Section 1-103.1.
23        (9) "Central Management Services security police
24    officer" means any person employed by the Department of
25    Central Management Services who is vested with such law
26    enforcement duties as render him ineligible for coverage

 

 

HB3297- 74 -LRB103 27602 RPS 53978 b

1    under the Social Security Act by reason of Sections
2    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
3        (10) For a member who first became an employee under
4    this Article before July 1, 2005, the term "security
5    employee of the Department of Corrections or the
6    Department of Juvenile Justice" means any employee of the
7    Department of Corrections or the Department of Juvenile
8    Justice or the former Department of Personnel, and any
9    member or employee of the Prisoner Review Board, who has
10    daily contact with inmates or youth by working within a
11    correctional facility or Juvenile facility operated by the
12    Department of Juvenile Justice or who is a parole officer
13    or an employee who has direct contact with committed
14    persons in the performance of his or her job duties. For a
15    member who first becomes an employee under this Article on
16    or after July 1, 2005, the term means an employee of the
17    Department of Corrections or the Department of Juvenile
18    Justice who is any of the following: (i) officially
19    headquartered at a correctional facility or Juvenile
20    facility operated by the Department of Juvenile Justice,
21    (ii) a parole officer, (iii) a member of the apprehension
22    unit, (iv) a member of the intelligence unit, (v) a member
23    of the sort team, or (vi) an investigator.
24        (11) The term "dangerous drugs investigator" means any
25    person who is employed as such by the Department of Human
26    Services.

 

 

HB3297- 75 -LRB103 27602 RPS 53978 b

1        (12) The term "investigator for the Illinois State
2    Police" means a person employed by the Illinois State
3    Police who is vested under Section 4 of the Narcotic
4    Control Division Abolition Act with such law enforcement
5    powers as render him ineligible for coverage under the
6    Social Security Act by reason of Sections 218(d)(5)(A),
7    218(d)(8)(D) and 218(l)(1) of that Act.
8        (13) "Investigator for the Office of the Attorney
9    General" means any person who is employed as such by the
10    Office of the Attorney General and is vested with such
11    investigative duties as render him ineligible for coverage
12    under the Social Security Act by reason of Sections
13    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
14    the period before January 1, 1989, the term includes all
15    persons who were employed as investigators by the Office
16    of the Attorney General, without regard to social security
17    status.
18        (14) "Controlled substance inspector" means any person
19    who is employed as such by the Department of Professional
20    Regulation and is vested with such law enforcement duties
21    as render him ineligible for coverage under the Social
22    Security Act by reason of Sections 218(d)(5)(A),
23    218(d)(8)(D) and 218(l)(1) of that Act. The term
24    "controlled substance inspector" includes the Program
25    Executive of Enforcement and the Assistant Program
26    Executive of Enforcement.

 

 

HB3297- 76 -LRB103 27602 RPS 53978 b

1        (15) The term "investigator for the Office of the
2    State's Attorneys Appellate Prosecutor" means a person
3    employed in that capacity on a full-time basis under the
4    authority of Section 7.06 of the State's Attorneys
5    Appellate Prosecutor's Act.
6        (16) "Commerce Commission police officer" means any
7    person employed by the Illinois Commerce Commission who is
8    vested with such law enforcement duties as render him
9    ineligible for coverage under the Social Security Act by
10    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
11    218(l)(1) of that Act.
12        (17) "Arson investigator" means any person who is
13    employed as such by the Office of the State Fire Marshal
14    and is vested with such law enforcement duties as render
15    the person ineligible for coverage under the Social
16    Security Act by reason of Sections 218(d)(5)(A),
17    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
18    employed as an arson investigator on January 1, 1995 and
19    is no longer in service but not yet receiving a retirement
20    annuity may convert his or her creditable service for
21    employment as an arson investigator into eligible
22    creditable service by paying to the System the difference
23    between the employee contributions actually paid for that
24    service and the amounts that would have been contributed
25    if the applicant were contributing at the rate applicable
26    to persons with the same social security status earning

 

 

HB3297- 77 -LRB103 27602 RPS 53978 b

1    eligible creditable service on the date of application.
2        (18) The term "State highway maintenance worker" means
3    a person who is either of the following:
4            (i) A person employed on a full-time basis by the
5        Illinois Department of Transportation in the position
6        of highway maintainer, highway maintenance lead
7        worker, highway maintenance lead/lead worker, heavy
8        construction equipment operator, power shovel
9        operator, or bridge mechanic; and whose principal
10        responsibility is to perform, on the roadway, the
11        actual maintenance necessary to keep the highways that
12        form a part of the State highway system in serviceable
13        condition for vehicular traffic.
14            (ii) A person employed on a full-time basis by the
15        Illinois State Toll Highway Authority in the position
16        of equipment operator/laborer H-4, equipment
17        operator/laborer H-6, welder H-4, welder H-6,
18        mechanical/electrical H-4, mechanical/electrical H-6,
19        water/sewer H-4, water/sewer H-6, sign maker/hanger
20        H-4, sign maker/hanger H-6, roadway lighting H-4,
21        roadway lighting H-6, structural H-4, structural H-6,
22        painter H-4, or painter H-6; and whose principal
23        responsibility is to perform, on the roadway, the
24        actual maintenance necessary to keep the Authority's
25        tollways in serviceable condition for vehicular
26        traffic.

 

 

HB3297- 78 -LRB103 27602 RPS 53978 b

1        (19) The term "security employee of the Department of
2    Innovation and Technology" means a person who was a
3    security employee of the Department of Corrections or the
4    Department of Juvenile Justice, was transferred to the
5    Department of Innovation and Technology pursuant to
6    Executive Order 2016-01, and continues to perform similar
7    job functions under that Department.
8        (20) "Transferred employee" means an employee who was
9    transferred to the Department of Central Management
10    Services by Executive Order No. 2003-10 or Executive Order
11    No. 2004-2 or transferred to the Department of Innovation
12    and Technology by Executive Order No. 2016-1, or both, and
13    was entitled to eligible creditable service for services
14    immediately preceding the transfer.
15    (d) A security employee of the Department of Corrections
16or the Department of Juvenile Justice, a security employee of
17the Department of Human Services who is not a mental health
18police officer, and a security employee of the Department of
19Innovation and Technology shall not be eligible for the
20alternative retirement annuity provided by this Section unless
21he or she meets the following minimum age and service
22requirements at the time of retirement:
23        (i) 25 years of eligible creditable service and age
24    55; or
25        (ii) beginning January 1, 1987, 25 years of eligible
26    creditable service and age 54, or 24 years of eligible

 

 

HB3297- 79 -LRB103 27602 RPS 53978 b

1    creditable service and age 55; or
2        (iii) beginning January 1, 1988, 25 years of eligible
3    creditable service and age 53, or 23 years of eligible
4    creditable service and age 55; or
5        (iv) beginning January 1, 1989, 25 years of eligible
6    creditable service and age 52, or 22 years of eligible
7    creditable service and age 55; or
8        (v) beginning January 1, 1990, 25 years of eligible
9    creditable service and age 51, or 21 years of eligible
10    creditable service and age 55; or
11        (vi) beginning January 1, 1991, 25 years of eligible
12    creditable service and age 50, or 20 years of eligible
13    creditable service and age 55.
14    Persons who have service credit under Article 16 of this
15Code for service as a security employee of the Department of
16Corrections or the Department of Juvenile Justice, or the
17Department of Human Services in a position requiring
18certification as a teacher may count such service toward
19establishing their eligibility under the service requirements
20of this Section; but such service may be used only for
21establishing such eligibility, and not for the purpose of
22increasing or calculating any benefit.
23    (e) If a member enters military service while working in a
24position in which eligible creditable service may be earned,
25and returns to State service in the same or another such
26position, and fulfills in all other respects the conditions

 

 

HB3297- 80 -LRB103 27602 RPS 53978 b

1prescribed in this Article for credit for military service,
2such military service shall be credited as eligible creditable
3service for the purposes of the retirement annuity prescribed
4in this Section.
5    (f) For purposes of calculating retirement annuities under
6this Section, periods of service rendered after December 31,
71968 and before October 1, 1975 as a covered employee in the
8position of special agent, conservation police officer, mental
9health police officer, or investigator for the Secretary of
10State, shall be deemed to have been service as a noncovered
11employee, provided that the employee pays to the System prior
12to retirement an amount equal to (1) the difference between
13the employee contributions that would have been required for
14such service as a noncovered employee, and the amount of
15employee contributions actually paid, plus (2) if payment is
16made after July 31, 1987, regular interest on the amount
17specified in item (1) from the date of service to the date of
18payment.
19    For purposes of calculating retirement annuities under
20this Section, periods of service rendered after December 31,
211968 and before January 1, 1982 as a covered employee in the
22position of investigator for the Department of Revenue shall
23be deemed to have been service as a noncovered employee,
24provided that the employee pays to the System prior to
25retirement an amount equal to (1) the difference between the
26employee contributions that would have been required for such

 

 

HB3297- 81 -LRB103 27602 RPS 53978 b

1service as a noncovered employee, and the amount of employee
2contributions actually paid, plus (2) if payment is made after
3January 1, 1990, regular interest on the amount specified in
4item (1) from the date of service to the date of payment.
5    (g) A State policeman may elect, not later than January 1,
61990, to establish eligible creditable service for up to 10
7years of his service as a policeman under Article 3, by filing
8a written election with the Board, accompanied by payment of
9an amount to be determined by the Board, equal to (i) the
10difference between the amount of employee and employer
11contributions transferred to the System under Section 3-110.5,
12and the amounts that would have been contributed had such
13contributions been made at the rates applicable to State
14policemen, plus (ii) interest thereon at the effective rate
15for each year, compounded annually, from the date of service
16to the date of payment.
17    Subject to the limitation in subsection (i), a State
18policeman may elect, not later than July 1, 1993, to establish
19eligible creditable service for up to 10 years of his service
20as a member of the County Police Department under Article 9, by
21filing a written election with the Board, accompanied by
22payment of an amount to be determined by the Board, equal to
23(i) the difference between the amount of employee and employer
24contributions transferred to the System under Section 9-121.10
25and the amounts that would have been contributed had those
26contributions been made at the rates applicable to State

 

 

HB3297- 82 -LRB103 27602 RPS 53978 b

1policemen, plus (ii) interest thereon at the effective rate
2for each year, compounded annually, from the date of service
3to the date of payment.
4    (h) Subject to the limitation in subsection (i), a State
5policeman or investigator for the Secretary of State may elect
6to establish eligible creditable service for up to 12 years of
7his service as a policeman under Article 5, by filing a written
8election with the Board on or before January 31, 1992, and
9paying to the System by January 31, 1994 an amount to be
10determined by the Board, equal to (i) the difference between
11the amount of employee and employer contributions transferred
12to the System under Section 5-236, and the amounts that would
13have been contributed had such contributions been made at the
14rates applicable to State policemen, plus (ii) interest
15thereon at the effective rate for each year, compounded
16annually, from the date of service to the date of payment.
17    Subject to the limitation in subsection (i), a State
18policeman, conservation police officer, or investigator for
19the Secretary of State may elect to establish eligible
20creditable service for up to 10 years of service as a sheriff's
21law enforcement employee under Article 7, by filing a written
22election with the Board on or before January 31, 1993, and
23paying to the System by January 31, 1994 an amount to be
24determined by the Board, equal to (i) the difference between
25the amount of employee and employer contributions transferred
26to the System under Section 7-139.7, and the amounts that

 

 

HB3297- 83 -LRB103 27602 RPS 53978 b

1would have been contributed had such contributions been made
2at the rates applicable to State policemen, plus (ii) interest
3thereon at the effective rate for each year, compounded
4annually, from the date of service to the date of payment.
5    Subject to the limitation in subsection (i), a State
6policeman, conservation police officer, or investigator for
7the Secretary of State may elect to establish eligible
8creditable service for up to 5 years of service as a police
9officer under Article 3, a policeman under Article 5, a
10sheriff's law enforcement employee under Article 7, a member
11of the county police department under Article 9, or a police
12officer under Article 15 by filing a written election with the
13Board and paying to the System an amount to be determined by
14the Board, equal to (i) the difference between the amount of
15employee and employer contributions transferred to the System
16under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
17and the amounts that would have been contributed had such
18contributions been made at the rates applicable to State
19policemen, plus (ii) interest thereon at the effective rate
20for each year, compounded annually, from the date of service
21to the date of payment.
22    Subject to the limitation in subsection (i), an
23investigator for the Office of the Attorney General, or an
24investigator for the Department of Revenue, may elect to
25establish eligible creditable service for up to 5 years of
26service as a police officer under Article 3, a policeman under

 

 

HB3297- 84 -LRB103 27602 RPS 53978 b

1Article 5, a sheriff's law enforcement employee under Article
27, or a member of the county police department under Article 9
3by filing a written election with the Board within 6 months
4after August 25, 2009 (the effective date of Public Act
596-745) and paying to the System an amount to be determined by
6the Board, equal to (i) the difference between the amount of
7employee and employer contributions transferred to the System
8under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
9amounts that would have been contributed had such
10contributions been made at the rates applicable to State
11policemen, plus (ii) interest thereon at the actuarially
12assumed rate for each year, compounded annually, from the date
13of service to the date of payment.
14    Subject to the limitation in subsection (i), a State
15policeman, conservation police officer, investigator for the
16Office of the Attorney General, an investigator for the
17Department of Revenue, or investigator for the Secretary of
18State may elect to establish eligible creditable service for
19up to 5 years of service as a person employed by a
20participating municipality to perform police duties, or law
21enforcement officer employed on a full-time basis by a forest
22preserve district under Article 7, a county corrections
23officer, or a court services officer under Article 9, by
24filing a written election with the Board within 6 months after
25August 25, 2009 (the effective date of Public Act 96-745) and
26paying to the System an amount to be determined by the Board,

 

 

HB3297- 85 -LRB103 27602 RPS 53978 b

1equal to (i) the difference between the amount of employee and
2employer contributions transferred to the System under
3Sections 7-139.8 and 9-121.10 and the amounts that would have
4been contributed had such contributions been made at the rates
5applicable to State policemen, plus (ii) interest thereon at
6the actuarially assumed rate for each year, compounded
7annually, from the date of service to the date of payment.
8    Subject to the limitation in subsection (i), a State
9policeman, arson investigator, or Commerce Commission police
10officer may elect to establish eligible creditable service for
11up to 5 years of service as a person employed by a
12participating municipality to perform police duties under
13Article 7, a county corrections officer, a court services
14officer under Article 9, or a firefighter under Article 4 by
15filing a written election with the Board within 6 months after
16July 30, 2021 (the effective date of Public Act 102-210) and
17paying to the System an amount to be determined by the Board
18equal to (i) the difference between the amount of employee and
19employer contributions transferred to the System under
20Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
21would have been contributed had such contributions been made
22at the rates applicable to State policemen, plus (ii) interest
23thereon at the actuarially assumed rate for each year,
24compounded annually, from the date of service to the date of
25payment.
26    Subject to the limitation in subsection (i), a

 

 

HB3297- 86 -LRB103 27602 RPS 53978 b

1conservation police officer may elect to establish eligible
2creditable service for up to 5 years of service as a person
3employed by a participating municipality to perform police
4duties under Article 7, a county corrections officer, or a
5court services officer under Article 9 by filing a written
6election with the Board within 6 months after July 30, 2021
7(the effective date of Public Act 102-210) and paying to the
8System an amount to be determined by the Board equal to (i) the
9difference between the amount of employee and employer
10contributions transferred to the System under Sections 7-139.8
11and 9-121.10 and the amounts that would have been contributed
12had such contributions been made at the rates applicable to
13State policemen, plus (ii) interest thereon at the actuarially
14assumed rate for each year, compounded annually, from the date
15of service to the date of payment.
16    Subject to the limitation in subsection (i), an
17investigator for the Department of Revenue, investigator for
18the Illinois Gaming Board, investigator for the Secretary of
19State, or arson investigator may elect to establish eligible
20creditable service for up to 5 years of service as a person
21employed by a participating municipality to perform police
22duties under Article 7, a county corrections officer, a court
23services officer under Article 9, or a firefighter under
24Article 4 by filing a written election with the Board within 6
25months after the effective date of this amendatory Act of the
26102nd General Assembly and paying to the System an amount to be

 

 

HB3297- 87 -LRB103 27602 RPS 53978 b

1determined by the Board equal to (i) the difference between
2the amount of employee and employer contributions transferred
3to the System under Sections 4-108.8, 7-139.8, and 9-121.10
4and the amounts that would have been contributed had such
5contributions been made at the rates applicable to State
6policemen, plus (ii) interest thereon at the actuarially
7assumed rate for each year, compounded annually, from the date
8of service to the date of payment.
9    Notwithstanding the limitation in subsection (i), a State
10policeman or conservation police officer may elect to convert
11service credit earned under this Article to eligible
12creditable service, as defined by this Section, by filing a
13written election with the board within 6 months after July 30,
142021 (the effective date of Public Act 102-210) and paying to
15the System an amount to be determined by the Board equal to (i)
16the difference between the amount of employee contributions
17originally paid for that service and the amounts that would
18have been contributed had such contributions been made at the
19rates applicable to State policemen, plus (ii) the difference
20between the employer's normal cost of the credit prior to the
21conversion authorized by Public Act 102-210 and the employer's
22normal cost of the credit converted in accordance with Public
23Act 102-210, plus (iii) interest thereon at the actuarially
24assumed rate for each year, compounded annually, from the date
25of service to the date of payment.
26    Notwithstanding the limitation in subsection (i), an

 

 

HB3297- 88 -LRB103 27602 RPS 53978 b

1investigator for the Department of Revenue, investigator for
2the Illinois Gaming Board, investigator for the Secretary of
3State, or arson investigator may elect to convert service
4credit earned under this Article to eligible creditable
5service, as defined by this Section, by filing a written
6election with the Board within 6 months after the effective
7date of this amendatory Act of the 102nd General Assembly and
8paying to the System an amount to be determined by the Board
9equal to (i) the difference between the amount of employee
10contributions originally paid for that service and the amounts
11that would have been contributed had such contributions been
12made at the rates applicable to investigators for the
13Department of Revenue, investigators for the Illinois Gaming
14Board, investigators for the Secretary of State, or arson
15investigators, plus (ii) the difference between the employer's
16normal cost of the credit prior to the conversion authorized
17by this amendatory Act of the 102nd General Assembly and the
18employer's normal cost of the credit converted in accordance
19with this amendatory Act of the 102nd General Assembly, plus
20(iii) interest thereon at the actuarially assumed rate for
21each year, compounded annually, from the date of service to
22the date of payment.
23    (i) The total amount of eligible creditable service
24established by any person under subsections (g), (h), (j),
25(k), (l), (l-5), and (o), and (q) of this Section shall not
26exceed 12 years.

 

 

HB3297- 89 -LRB103 27602 RPS 53978 b

1    (j) Subject to the limitation in subsection (i), an
2investigator for the Office of the State's Attorneys Appellate
3Prosecutor or a controlled substance inspector may elect to
4establish eligible creditable service for up to 10 years of
5his service as a policeman under Article 3 or a sheriff's law
6enforcement employee under Article 7, by filing a written
7election with the Board, accompanied by payment of an amount
8to be determined by the Board, equal to (1) the difference
9between the amount of employee and employer contributions
10transferred to the System under Section 3-110.6 or 7-139.8,
11and the amounts that would have been contributed had such
12contributions been made at the rates applicable to State
13policemen, plus (2) interest thereon at the effective rate for
14each year, compounded annually, from the date of service to
15the date of payment.
16    (k) Subject to the limitation in subsection (i) of this
17Section, an alternative formula employee may elect to
18establish eligible creditable service for periods spent as a
19full-time law enforcement officer or full-time corrections
20officer employed by the federal government or by a state or
21local government located outside of Illinois, for which credit
22is not held in any other public employee pension fund or
23retirement system. To obtain this credit, the applicant must
24file a written application with the Board by March 31, 1998,
25accompanied by evidence of eligibility acceptable to the Board
26and payment of an amount to be determined by the Board, equal

 

 

HB3297- 90 -LRB103 27602 RPS 53978 b

1to (1) employee contributions for the credit being
2established, based upon the applicant's salary on the first
3day as an alternative formula employee after the employment
4for which credit is being established and the rates then
5applicable to alternative formula employees, plus (2) an
6amount determined by the Board to be the employer's normal
7cost of the benefits accrued for the credit being established,
8plus (3) regular interest on the amounts in items (1) and (2)
9from the first day as an alternative formula employee after
10the employment for which credit is being established to the
11date of payment.
12    (l) Subject to the limitation in subsection (i), a
13security employee of the Department of Corrections may elect,
14not later than July 1, 1998, to establish eligible creditable
15service for up to 10 years of his or her service as a policeman
16under Article 3, by filing a written election with the Board,
17accompanied by payment of an amount to be determined by the
18Board, equal to (i) the difference between the amount of
19employee and employer contributions transferred to the System
20under Section 3-110.5, and the amounts that would have been
21contributed had such contributions been made at the rates
22applicable to security employees of the Department of
23Corrections, plus (ii) interest thereon at the effective rate
24for each year, compounded annually, from the date of service
25to the date of payment.
26    (l-5) Subject to the limitation in subsection (i) of this

 

 

HB3297- 91 -LRB103 27602 RPS 53978 b

1Section, a State policeman may elect to establish eligible
2creditable service for up to 5 years of service as a full-time
3law enforcement officer employed by the federal government or
4by a state or local government located outside of Illinois for
5which credit is not held in any other public employee pension
6fund or retirement system. To obtain this credit, the
7applicant must file a written application with the Board no
8later than 3 years after January 1, 2020 (the effective date of
9Public Act 101-610), accompanied by evidence of eligibility
10acceptable to the Board and payment of an amount to be
11determined by the Board, equal to (1) employee contributions
12for the credit being established, based upon the applicant's
13salary on the first day as an alternative formula employee
14after the employment for which credit is being established and
15the rates then applicable to alternative formula employees,
16plus (2) an amount determined by the Board to be the employer's
17normal cost of the benefits accrued for the credit being
18established, plus (3) regular interest on the amounts in items
19(1) and (2) from the first day as an alternative formula
20employee after the employment for which credit is being
21established to the date of payment.
22    (m) The amendatory changes to this Section made by Public
23Act 94-696 apply only to: (1) security employees of the
24Department of Juvenile Justice employed by the Department of
25Corrections before June 1, 2006 (the effective date of Public
26Act 94-696) and transferred to the Department of Juvenile

 

 

HB3297- 92 -LRB103 27602 RPS 53978 b

1Justice by Public Act 94-696; and (2) persons employed by the
2Department of Juvenile Justice on or after June 1, 2006 (the
3effective date of Public Act 94-696) who are required by
4subsection (b) of Section 3-2.5-15 of the Unified Code of
5Corrections to have any bachelor's or advanced degree from an
6accredited college or university or, in the case of persons
7who provide vocational training, who are required to have
8adequate knowledge in the skill for which they are providing
9the vocational training.
10    (n) A person employed in a position under subsection (b)
11of this Section who has purchased service credit under
12subsection (j) of Section 14-104 or subsection (b) of Section
1314-105 in any other capacity under this Article may convert up
14to 5 years of that service credit into service credit covered
15under this Section by paying to the Fund an amount equal to (1)
16the additional employee contribution required under Section
1714-133, plus (2) the additional employer contribution required
18under Section 14-131, plus (3) interest on items (1) and (2) at
19the actuarially assumed rate from the date of the service to
20the date of payment.
21    (o) Subject to the limitation in subsection (i), a
22conservation police officer, investigator for the Secretary of
23State, Commerce Commission police officer, investigator for
24the Department of Revenue or the Illinois Gaming Board, or
25arson investigator subject to subsection (g) of Section 1-160
26may elect to convert up to 8 years of service credit

 

 

HB3297- 93 -LRB103 27602 RPS 53978 b

1established before January 1, 2020 (the effective date of
2Public Act 101-610) as a conservation police officer,
3investigator for the Secretary of State, Commerce Commission
4police officer, investigator for the Department of Revenue or
5the Illinois Gaming Board, or arson investigator under this
6Article into eligible creditable service by filing a written
7election with the Board no later than one year after January 1,
82020 (the effective date of Public Act 101-610), accompanied
9by payment of an amount to be determined by the Board equal to
10(i) the difference between the amount of the employee
11contributions actually paid for that service and the amount of
12the employee contributions that would have been paid had the
13employee contributions been made as a noncovered employee
14serving in a position in which eligible creditable service, as
15defined in this Section, may be earned, plus (ii) interest
16thereon at the effective rate for each year, compounded
17annually, from the date of service to the date of payment.
18    (q) Subject to the limitation in subsection (i), a
19security employee of the Department of Human Services who is
20subject to subsection (g-1) of Section 1-160 may elect to
21convert up to 9 years of service credit established before the
22effective date of this amendatory Act of the 103rd General
23Assembly as a security employee of the Department of Human
24Services to eligible creditable service by filing a written
25election with the Board no later than one year after the
26effective date of this amendatory Act of the 103rd General

 

 

HB3297- 94 -LRB103 27602 RPS 53978 b

1Assembly, accompanied by payment of an amount, to be
2determined by the Board, equal to (i) the difference between
3the amount of the employee contributions actually paid for
4that service and the amount of the employee contributions that
5would have been paid had the employee contributions been made
6as a covered employee serving in a position in which eligible
7creditable service, as defined in this Section, may be earned,
8plus (ii) interest thereon at the effective rate for each
9year, compounded annually, from the date of service to the
10date of payment.
11(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
12102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
 
13    (Text of Section from P.A. 102-956)
14    Sec. 14-110. Alternative retirement annuity.
15    (a) Any member who has withdrawn from service with not
16less than 20 years of eligible creditable service and has
17attained age 55, and any member who has withdrawn from service
18with not less than 25 years of eligible creditable service and
19has attained age 50, regardless of whether the attainment of
20either of the specified ages occurs while the member is still
21in service, shall be entitled to receive at the option of the
22member, in lieu of the regular or minimum retirement annuity,
23a retirement annuity computed as follows:
24        (i) for periods of service as a noncovered employee:
25    if retirement occurs on or after January 1, 2001, 3% of

 

 

HB3297- 95 -LRB103 27602 RPS 53978 b

1    final average compensation for each year of creditable
2    service; if retirement occurs before January 1, 2001, 2
3    1/4% of final average compensation for each of the first
4    10 years of creditable service, 2 1/2% for each year above
5    10 years to and including 20 years of creditable service,
6    and 2 3/4% for each year of creditable service above 20
7    years; and
8        (ii) for periods of eligible creditable service as a
9    covered employee: if retirement occurs on or after January
10    1, 2001, 2.5% of final average compensation for each year
11    of creditable service; if retirement occurs before January
12    1, 2001, 1.67% of final average compensation for each of
13    the first 10 years of such service, 1.90% for each of the
14    next 10 years of such service, 2.10% for each year of such
15    service in excess of 20 but not exceeding 30, and 2.30% for
16    each year in excess of 30.
17    Such annuity shall be subject to a maximum of 75% of final
18average compensation if retirement occurs before January 1,
192001 or to a maximum of 80% of final average compensation if
20retirement occurs on or after January 1, 2001.
21    These rates shall not be applicable to any service
22performed by a member as a covered employee which is not
23eligible creditable service. Service as a covered employee
24which is not eligible creditable service shall be subject to
25the rates and provisions of Section 14-108.
26    (b) For the purpose of this Section, "eligible creditable

 

 

HB3297- 96 -LRB103 27602 RPS 53978 b

1service" means creditable service resulting from service in
2one or more of the following positions:
3        (1) State policeman;
4        (2) fire fighter in the fire protection service of a
5    department;
6        (3) air pilot;
7        (4) special agent;
8        (5) investigator for the Secretary of State;
9        (6) conservation police officer;
10        (7) investigator for the Department of Revenue or the
11    Illinois Gaming Board;
12        (8) security employee of the Department of Human
13    Services;
14        (9) Central Management Services security police
15    officer;
16        (10) security employee of the Department of
17    Corrections or the Department of Juvenile Justice;
18        (11) dangerous drugs investigator;
19        (12) investigator for the Illinois State Police;
20        (13) investigator for the Office of the Attorney
21    General;
22        (14) controlled substance inspector;
23        (15) investigator for the Office of the State's
24    Attorneys Appellate Prosecutor;
25        (16) Commerce Commission police officer;
26        (17) arson investigator;

 

 

HB3297- 97 -LRB103 27602 RPS 53978 b

1        (18) State highway maintenance worker;
2        (19) security employee of the Department of Innovation
3    and Technology; or
4        (20) transferred employee.
5    A person employed in one of the positions specified in
6this subsection is entitled to eligible creditable service for
7service credit earned under this Article while undergoing the
8basic police training course approved by the Illinois Law
9Enforcement Training Standards Board, if completion of that
10training is required of persons serving in that position. For
11the purposes of this Code, service during the required basic
12police training course shall be deemed performance of the
13duties of the specified position, even though the person is
14not a sworn peace officer at the time of the training.
15    A person under paragraph (20) is entitled to eligible
16creditable service for service credit earned under this
17Article on and after his or her transfer by Executive Order No.
182003-10, Executive Order No. 2004-2, or Executive Order No.
192016-1.
20    (c) For the purposes of this Section:
21        (1) The term "State policeman" includes any title or
22    position in the Illinois State Police that is held by an
23    individual employed under the Illinois State Police Act.
24        (2) The term "fire fighter in the fire protection
25    service of a department" includes all officers in such
26    fire protection service including fire chiefs and

 

 

HB3297- 98 -LRB103 27602 RPS 53978 b

1    assistant fire chiefs.
2        (3) The term "air pilot" includes any employee whose
3    official job description on file in the Department of
4    Central Management Services, or in the department by which
5    he is employed if that department is not covered by the
6    Personnel Code, states that his principal duty is the
7    operation of aircraft, and who possesses a pilot's
8    license; however, the change in this definition made by
9    Public Act 83-842 shall not operate to exclude any
10    noncovered employee who was an "air pilot" for the
11    purposes of this Section on January 1, 1984.
12        (4) The term "special agent" means any person who by
13    reason of employment by the Division of Narcotic Control,
14    the Bureau of Investigation or, after July 1, 1977, the
15    Division of Criminal Investigation, the Division of
16    Internal Investigation, the Division of Operations, the
17    Division of Patrol Operations, or any other Division or
18    organizational entity in the Illinois State Police is
19    vested by law with duties to maintain public order,
20    investigate violations of the criminal law of this State,
21    enforce the laws of this State, make arrests and recover
22    property. The term "special agent" includes any title or
23    position in the Illinois State Police that is held by an
24    individual employed under the Illinois State Police Act.
25        (5) The term "investigator for the Secretary of State"
26    means any person employed by the Office of the Secretary

 

 

HB3297- 99 -LRB103 27602 RPS 53978 b

1    of State and vested with such investigative duties as
2    render him ineligible for coverage under the Social
3    Security Act by reason of Sections 218(d)(5)(A),
4    218(d)(8)(D) and 218(l)(1) of that Act.
5        A person who became employed as an investigator for
6    the Secretary of State between January 1, 1967 and
7    December 31, 1975, and who has served as such until
8    attainment of age 60, either continuously or with a single
9    break in service of not more than 3 years duration, which
10    break terminated before January 1, 1976, shall be entitled
11    to have his retirement annuity calculated in accordance
12    with subsection (a), notwithstanding that he has less than
13    20 years of credit for such service.
14        (6) The term "Conservation Police Officer" means any
15    person employed by the Division of Law Enforcement of the
16    Department of Natural Resources and vested with such law
17    enforcement duties as render him ineligible for coverage
18    under the Social Security Act by reason of Sections
19    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
20    term "Conservation Police Officer" includes the positions
21    of Chief Conservation Police Administrator and Assistant
22    Conservation Police Administrator.
23        (7) The term "investigator for the Department of
24    Revenue" means any person employed by the Department of
25    Revenue and vested with such investigative duties as
26    render him ineligible for coverage under the Social

 

 

HB3297- 100 -LRB103 27602 RPS 53978 b

1    Security Act by reason of Sections 218(d)(5)(A),
2    218(d)(8)(D) and 218(l)(1) of that Act.
3        The term "investigator for the Illinois Gaming Board"
4    means any person employed as such by the Illinois Gaming
5    Board and vested with such peace officer duties as render
6    the person ineligible for coverage under the Social
7    Security Act by reason of Sections 218(d)(5)(A),
8    218(d)(8)(D), and 218(l)(1) of that Act.
9        (8) The term "security employee of the Department of
10    Human Services" means any person employed by the
11    Department of Human Services who (i) is employed at the
12    Chester Mental Health Center and has daily contact with
13    the residents thereof, (ii) is employed within a security
14    unit at a facility operated by the Department and has
15    daily contact with the residents of the security unit,
16    (iii) is employed at a facility operated by the Department
17    that includes a security unit and is regularly scheduled
18    to work at least 50% of his or her working hours within
19    that security unit, or (iv) is a mental health police
20    officer. "Mental health police officer" means any person
21    employed by the Department of Human Services in a position
22    pertaining to the Department's mental health and
23    developmental disabilities functions who is vested with
24    such law enforcement duties as render the person
25    ineligible for coverage under the Social Security Act by
26    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and

 

 

HB3297- 101 -LRB103 27602 RPS 53978 b

1    218(l)(1) of that Act. "Security unit" means that portion
2    of a facility that is devoted to the care, containment,
3    and treatment of persons committed to the Department of
4    Human Services as sexually violent persons, persons unfit
5    to stand trial, or persons not guilty by reason of
6    insanity. With respect to past employment, references to
7    the Department of Human Services include its predecessor,
8    the Department of Mental Health and Developmental
9    Disabilities.
10        The changes made to this subdivision (c)(8) by Public
11    Act 92-14 apply to persons who retire on or after January
12    1, 2001, notwithstanding Section 1-103.1.
13        (9) "Central Management Services security police
14    officer" means any person employed by the Department of
15    Central Management Services who is vested with such law
16    enforcement duties as render him ineligible for coverage
17    under the Social Security Act by reason of Sections
18    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
19        (10) For a member who first became an employee under
20    this Article before July 1, 2005, the term "security
21    employee of the Department of Corrections or the
22    Department of Juvenile Justice" means any employee of the
23    Department of Corrections or the Department of Juvenile
24    Justice or the former Department of Personnel, and any
25    member or employee of the Prisoner Review Board, who has
26    daily contact with inmates or youth by working within a

 

 

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1    correctional facility or Juvenile facility operated by the
2    Department of Juvenile Justice or who is a parole officer
3    or an employee who has direct contact with committed
4    persons in the performance of his or her job duties. For a
5    member who first becomes an employee under this Article on
6    or after July 1, 2005, the term means an employee of the
7    Department of Corrections or the Department of Juvenile
8    Justice who is any of the following: (i) officially
9    headquartered at a correctional facility or Juvenile
10    facility operated by the Department of Juvenile Justice,
11    (ii) a parole officer, (iii) a member of the apprehension
12    unit, (iv) a member of the intelligence unit, (v) a member
13    of the sort team, or (vi) an investigator.
14        (11) The term "dangerous drugs investigator" means any
15    person who is employed as such by the Department of Human
16    Services.
17        (12) The term "investigator for the Illinois State
18    Police" means a person employed by the Illinois State
19    Police who is vested under Section 4 of the Narcotic
20    Control Division Abolition Act with such law enforcement
21    powers as render him ineligible for coverage under the
22    Social Security Act by reason of Sections 218(d)(5)(A),
23    218(d)(8)(D) and 218(l)(1) of that Act.
24        (13) "Investigator for the Office of the Attorney
25    General" means any person who is employed as such by the
26    Office of the Attorney General and is vested with such

 

 

HB3297- 103 -LRB103 27602 RPS 53978 b

1    investigative duties as render him ineligible for coverage
2    under the Social Security Act by reason of Sections
3    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
4    the period before January 1, 1989, the term includes all
5    persons who were employed as investigators by the Office
6    of the Attorney General, without regard to social security
7    status.
8        (14) "Controlled substance inspector" means any person
9    who is employed as such by the Department of Professional
10    Regulation and is vested with such law enforcement duties
11    as 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. The term
14    "controlled substance inspector" includes the Program
15    Executive of Enforcement and the Assistant Program
16    Executive of Enforcement.
17        (15) The term "investigator for the Office of the
18    State's Attorneys Appellate Prosecutor" means a person
19    employed in that capacity on a full-time basis under the
20    authority of Section 7.06 of the State's Attorneys
21    Appellate Prosecutor's Act.
22        (16) "Commerce Commission police officer" means any
23    person employed by the Illinois Commerce Commission who is
24    vested with such law enforcement duties as render him
25    ineligible for coverage under the Social Security Act by
26    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

 

 

HB3297- 104 -LRB103 27602 RPS 53978 b

1    218(l)(1) of that Act.
2        (17) "Arson investigator" means any person who is
3    employed as such by the Office of the State Fire Marshal
4    and is vested with such law enforcement duties as render
5    the person ineligible for coverage under the Social
6    Security Act by reason of Sections 218(d)(5)(A),
7    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
8    employed as an arson investigator on January 1, 1995 and
9    is no longer in service but not yet receiving a retirement
10    annuity may convert his or her creditable service for
11    employment as an arson investigator into eligible
12    creditable service by paying to the System the difference
13    between the employee contributions actually paid for that
14    service and the amounts that would have been contributed
15    if the applicant were contributing at the rate applicable
16    to persons with the same social security status earning
17    eligible creditable service on the date of application.
18        (18) The term "State highway maintenance worker" means
19    a person who is either of the following:
20            (i) A person employed on a full-time basis by the
21        Illinois Department of Transportation in the position
22        of highway maintainer, highway maintenance lead
23        worker, highway maintenance lead/lead worker, heavy
24        construction equipment operator, power shovel
25        operator, or bridge mechanic; and whose principal
26        responsibility is to perform, on the roadway, the

 

 

HB3297- 105 -LRB103 27602 RPS 53978 b

1        actual maintenance necessary to keep the highways that
2        form a part of the State highway system in serviceable
3        condition for vehicular traffic.
4            (ii) A person employed on a full-time basis by the
5        Illinois State Toll Highway Authority in the position
6        of equipment operator/laborer H-4, equipment
7        operator/laborer H-6, welder H-4, welder H-6,
8        mechanical/electrical H-4, mechanical/electrical H-6,
9        water/sewer H-4, water/sewer H-6, sign maker/hanger
10        H-4, sign maker/hanger H-6, roadway lighting H-4,
11        roadway lighting H-6, structural H-4, structural H-6,
12        painter H-4, or painter H-6; and whose principal
13        responsibility is to perform, on the roadway, the
14        actual maintenance necessary to keep the Authority's
15        tollways in serviceable condition for vehicular
16        traffic.
17        (19) The term "security employee of the Department of
18    Innovation and Technology" means a person who was a
19    security employee of the Department of Corrections or the
20    Department of Juvenile Justice, was transferred to the
21    Department of Innovation and Technology pursuant to
22    Executive Order 2016-01, and continues to perform similar
23    job functions under that Department.
24        (20) "Transferred employee" means an employee who was
25    transferred to the Department of Central Management
26    Services by Executive Order No. 2003-10 or Executive Order

 

 

HB3297- 106 -LRB103 27602 RPS 53978 b

1    No. 2004-2 or transferred to the Department of Innovation
2    and Technology by Executive Order No. 2016-1, or both, and
3    was entitled to eligible creditable service for services
4    immediately preceding the transfer.
5    (d) A security employee of the Department of Corrections
6or the Department of Juvenile Justice, a security employee of
7the Department of Human Services who is not a mental health
8police officer, and a security employee of the Department of
9Innovation and Technology shall not be eligible for the
10alternative retirement annuity provided by this Section unless
11he or she meets the following minimum age and service
12requirements at the time of retirement:
13        (i) 25 years of eligible creditable service and age
14    55; or
15        (ii) beginning January 1, 1987, 25 years of eligible
16    creditable service and age 54, or 24 years of eligible
17    creditable service and age 55; or
18        (iii) beginning January 1, 1988, 25 years of eligible
19    creditable service and age 53, or 23 years of eligible
20    creditable service and age 55; or
21        (iv) beginning January 1, 1989, 25 years of eligible
22    creditable service and age 52, or 22 years of eligible
23    creditable service and age 55; or
24        (v) beginning January 1, 1990, 25 years of eligible
25    creditable service and age 51, or 21 years of eligible
26    creditable service and age 55; or

 

 

HB3297- 107 -LRB103 27602 RPS 53978 b

1        (vi) beginning January 1, 1991, 25 years of eligible
2    creditable service and age 50, or 20 years of eligible
3    creditable service and age 55.
4    Persons who have service credit under Article 16 of this
5Code for service as a security employee of the Department of
6Corrections or the Department of Juvenile Justice, or the
7Department of Human Services in a position requiring
8certification as a teacher may count such service toward
9establishing their eligibility under the service requirements
10of this Section; but such service may be used only for
11establishing such eligibility, and not for the purpose of
12increasing or calculating any benefit.
13    (e) If a member enters military service while working in a
14position in which eligible creditable service may be earned,
15and returns to State service in the same or another such
16position, and fulfills in all other respects the conditions
17prescribed in this Article for credit for military service,
18such military service shall be credited as eligible creditable
19service for the purposes of the retirement annuity prescribed
20in this Section.
21    (f) For purposes of calculating retirement annuities under
22this Section, periods of service rendered after December 31,
231968 and before October 1, 1975 as a covered employee in the
24position of special agent, conservation police officer, mental
25health police officer, or investigator for the Secretary of
26State, shall be deemed to have been service as a noncovered

 

 

HB3297- 108 -LRB103 27602 RPS 53978 b

1employee, provided that the employee pays to the System prior
2to retirement an amount equal to (1) the difference between
3the employee contributions that would have been required for
4such service as a noncovered employee, and the amount of
5employee contributions actually paid, plus (2) if payment is
6made after July 31, 1987, regular interest on the amount
7specified in item (1) from the date of service to the date of
8payment.
9    For purposes of calculating retirement annuities under
10this Section, periods of service rendered after December 31,
111968 and before January 1, 1982 as a covered employee in the
12position of investigator for the Department of Revenue shall
13be deemed to have been service as a noncovered employee,
14provided that the employee pays to the System prior to
15retirement an amount equal to (1) the difference between the
16employee contributions that would have been required for such
17service as a noncovered employee, and the amount of employee
18contributions actually paid, plus (2) if payment is made after
19January 1, 1990, regular interest on the amount specified in
20item (1) from the date of service to the date of payment.
21    (g) A State policeman may elect, not later than January 1,
221990, to establish eligible creditable service for up to 10
23years of his service as a policeman under Article 3, by filing
24a written election with the Board, accompanied by payment of
25an amount to be determined by the Board, equal to (i) the
26difference between the amount of employee and employer

 

 

HB3297- 109 -LRB103 27602 RPS 53978 b

1contributions transferred to the System under Section 3-110.5,
2and the amounts that would have been contributed had such
3contributions been made at the rates applicable to State
4policemen, plus (ii) interest thereon at the effective rate
5for each year, compounded annually, from the date of service
6to the date of payment.
7    Subject to the limitation in subsection (i), a State
8policeman may elect, not later than July 1, 1993, to establish
9eligible creditable service for up to 10 years of his service
10as a member of the County Police Department under Article 9, by
11filing a written election with the Board, accompanied by
12payment of an amount to be determined by the Board, equal to
13(i) the difference between the amount of employee and employer
14contributions transferred to the System under Section 9-121.10
15and the amounts that would have been contributed had those
16contributions been made at the rates applicable to State
17policemen, plus (ii) interest thereon at the effective rate
18for each year, compounded annually, from the date of service
19to the date of payment.
20    (h) Subject to the limitation in subsection (i), a State
21policeman or investigator for the Secretary of State may elect
22to establish eligible creditable service for up to 12 years of
23his service as a policeman under Article 5, by filing a written
24election with the Board on or before January 31, 1992, and
25paying to the System by January 31, 1994 an amount to be
26determined by the Board, equal to (i) the difference between

 

 

HB3297- 110 -LRB103 27602 RPS 53978 b

1the amount of employee and employer contributions transferred
2to the System under Section 5-236, and the amounts that would
3have been contributed had such contributions been made at the
4rates applicable to State policemen, plus (ii) interest
5thereon at the effective rate for each year, compounded
6annually, from the date of service to the date of payment.
7    Subject to the limitation in subsection (i), a State
8policeman, conservation police officer, or investigator for
9the Secretary of State may elect to establish eligible
10creditable service for up to 10 years of service as a sheriff's
11law enforcement employee under Article 7, by filing a written
12election with the Board on or before January 31, 1993, and
13paying to the System by January 31, 1994 an amount to be
14determined by the Board, equal to (i) the difference between
15the amount of employee and employer contributions transferred
16to the System under Section 7-139.7, and the amounts that
17would have been contributed had such contributions been made
18at the rates applicable to State policemen, plus (ii) interest
19thereon at the effective rate for each year, compounded
20annually, from the date of service to the date of payment.
21    Subject to the limitation in subsection (i), a State
22policeman, conservation police officer, or investigator for
23the Secretary of State may elect to establish eligible
24creditable service for up to 5 years of service as a police
25officer under Article 3, a policeman under Article 5, a
26sheriff's law enforcement employee under Article 7, a member

 

 

HB3297- 111 -LRB103 27602 RPS 53978 b

1of the county police department under Article 9, or a police
2officer under Article 15 by filing a written election with the
3Board and paying to the System an amount to be determined by
4the Board, equal to (i) the difference between the amount of
5employee and employer contributions transferred to the System
6under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
7and the amounts that would have been contributed had such
8contributions been made at the rates applicable to State
9policemen, plus (ii) interest thereon at the effective rate
10for each year, compounded annually, from the date of service
11to the date of payment.
12    Subject to the limitation in subsection (i), an
13investigator for the Office of the Attorney General, or an
14investigator for the Department of Revenue, may elect to
15establish eligible creditable service for up to 5 years of
16service as a police officer under Article 3, a policeman under
17Article 5, a sheriff's law enforcement employee under Article
187, or a member of the county police department under Article 9
19by filing a written election with the Board within 6 months
20after August 25, 2009 (the effective date of Public Act
2196-745) and paying to the System an amount to be determined by
22the Board, equal to (i) the difference between the amount of
23employee and employer contributions transferred to the System
24under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
25amounts that would have been contributed had such
26contributions been made at the rates applicable to State

 

 

HB3297- 112 -LRB103 27602 RPS 53978 b

1policemen, plus (ii) interest thereon at the actuarially
2assumed rate for each year, compounded annually, from the date
3of service to the date of payment.
4    Subject to the limitation in subsection (i), a State
5policeman, conservation police officer, investigator for the
6Office of the Attorney General, an investigator for the
7Department of Revenue, or investigator for the Secretary of
8State may elect to establish eligible creditable service for
9up to 5 years of service as a person employed by a
10participating municipality to perform police duties, or law
11enforcement officer employed on a full-time basis by a forest
12preserve district under Article 7, a county corrections
13officer, or a court services officer under Article 9, by
14filing a written election with the Board within 6 months after
15August 25, 2009 (the effective date of Public Act 96-745) and
16paying to the System an amount to be determined by the Board,
17equal to (i) the difference between the amount of employee and
18employer contributions transferred to the System under
19Sections 7-139.8 and 9-121.10 and the amounts that would have
20been contributed had such contributions been made at the rates
21applicable to State policemen, plus (ii) interest thereon at
22the actuarially assumed rate for each year, compounded
23annually, from the date of service to the date of payment.
24    Subject to the limitation in subsection (i), a State
25policeman, arson investigator, or Commerce Commission police
26officer may elect to establish eligible creditable service for

 

 

HB3297- 113 -LRB103 27602 RPS 53978 b

1up to 5 years of service as a person employed by a
2participating municipality to perform police duties under
3Article 7, a county corrections officer, a court services
4officer under Article 9, or a firefighter under Article 4 by
5filing a written election with the Board within 6 months after
6July 30, 2021 (the effective date of Public Act 102-210) and
7paying to the System an amount to be determined by the Board
8equal to (i) the difference between the amount of employee and
9employer contributions transferred to the System under
10Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
11would have been contributed had such contributions been made
12at the rates applicable to State policemen, plus (ii) interest
13thereon at the actuarially assumed rate for each year,
14compounded annually, from the date of service to the date of
15payment.
16    Subject to the limitation in subsection (i), a
17conservation police officer may elect to establish eligible
18creditable service for up to 5 years of service as a person
19employed by a participating municipality to perform police
20duties under Article 7, a county corrections officer, or a
21court services officer under Article 9 by filing a written
22election with the Board within 6 months after July 30, 2021
23(the effective date of Public Act 102-210) and paying to the
24System an amount to be determined by the Board equal to (i) the
25difference between the amount of employee and employer
26contributions transferred to the System under Sections 7-139.8

 

 

HB3297- 114 -LRB103 27602 RPS 53978 b

1and 9-121.10 and the amounts that would have been contributed
2had such contributions been made at the rates applicable to
3State policemen, plus (ii) interest thereon at the actuarially
4assumed rate for each year, compounded annually, from the date
5of service to the date of payment.
6    Notwithstanding the limitation in subsection (i), a State
7policeman or conservation police officer may elect to convert
8service credit earned under this Article to eligible
9creditable service, as defined by this Section, by filing a
10written election with the board within 6 months after July 30,
112021 (the effective date of Public Act 102-210) and paying to
12the System an amount to be determined by the Board equal to (i)
13the difference between the amount of employee contributions
14originally paid for that service and the amounts that would
15have been contributed had such contributions been made at the
16rates applicable to State policemen, plus (ii) the difference
17between the employer's normal cost of the credit prior to the
18conversion authorized by Public Act 102-210 and the employer's
19normal cost of the credit converted in accordance with Public
20Act 102-210, plus (iii) interest thereon at the actuarially
21assumed rate for each year, compounded annually, from the date
22of service to the date of payment.
23    (i) The total amount of eligible creditable service
24established by any person under subsections (g), (h), (j),
25(k), (l), (l-5), (o), and (p), and (q) of this Section shall
26not exceed 12 years.

 

 

HB3297- 115 -LRB103 27602 RPS 53978 b

1    (j) Subject to the limitation in subsection (i), an
2investigator for the Office of the State's Attorneys Appellate
3Prosecutor or a controlled substance inspector may elect to
4establish eligible creditable service for up to 10 years of
5his service as a policeman under Article 3 or a sheriff's law
6enforcement employee under Article 7, by filing a written
7election with the Board, accompanied by payment of an amount
8to be determined by the Board, equal to (1) the difference
9between the amount of employee and employer contributions
10transferred to the System under Section 3-110.6 or 7-139.8,
11and the amounts that would have been contributed had such
12contributions been made at the rates applicable to State
13policemen, plus (2) interest thereon at the effective rate for
14each year, compounded annually, from the date of service to
15the date of payment.
16    (k) Subject to the limitation in subsection (i) of this
17Section, an alternative formula employee may elect to
18establish eligible creditable service for periods spent as a
19full-time law enforcement officer or full-time corrections
20officer employed by the federal government or by a state or
21local government located outside of Illinois, for which credit
22is not held in any other public employee pension fund or
23retirement system. To obtain this credit, the applicant must
24file a written application with the Board by March 31, 1998,
25accompanied by evidence of eligibility acceptable to the Board
26and payment of an amount to be determined by the Board, equal

 

 

HB3297- 116 -LRB103 27602 RPS 53978 b

1to (1) employee contributions for the credit being
2established, based upon the applicant's salary on the first
3day as an alternative formula employee after the employment
4for which credit is being established and the rates then
5applicable to alternative formula employees, plus (2) an
6amount determined by the Board to be the employer's normal
7cost of the benefits accrued for the credit being established,
8plus (3) regular interest on the amounts in items (1) and (2)
9from the first day as an alternative formula employee after
10the employment for which credit is being established to the
11date of payment.
12    (l) Subject to the limitation in subsection (i), a
13security employee of the Department of Corrections may elect,
14not later than July 1, 1998, to establish eligible creditable
15service for up to 10 years of his or her service as a policeman
16under Article 3, by filing a written election with the Board,
17accompanied by payment of an amount to be determined by the
18Board, equal to (i) the difference between the amount of
19employee and employer contributions transferred to the System
20under Section 3-110.5, and the amounts that would have been
21contributed had such contributions been made at the rates
22applicable to security employees of the Department of
23Corrections, plus (ii) interest thereon at the effective rate
24for each year, compounded annually, from the date of service
25to the date of payment.
26    (l-5) Subject to the limitation in subsection (i) of this

 

 

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1Section, a State policeman may elect to establish eligible
2creditable service for up to 5 years of service as a full-time
3law enforcement officer employed by the federal government or
4by a state or local government located outside of Illinois for
5which credit is not held in any other public employee pension
6fund or retirement system. To obtain this credit, the
7applicant must file a written application with the Board no
8later than 3 years after January 1, 2020 (the effective date of
9Public Act 101-610), accompanied by evidence of eligibility
10acceptable to the Board and payment of an amount to be
11determined by the Board, equal to (1) employee contributions
12for the credit being established, based upon the applicant's
13salary on the first day as an alternative formula employee
14after the employment for which credit is being established and
15the rates then applicable to alternative formula employees,
16plus (2) an amount determined by the Board to be the employer's
17normal cost of the benefits accrued for the credit being
18established, plus (3) regular interest on the amounts in items
19(1) and (2) from the first day as an alternative formula
20employee after the employment for which credit is being
21established to the date of payment.
22    (m) The amendatory changes to this Section made by Public
23Act 94-696 apply only to: (1) security employees of the
24Department of Juvenile Justice employed by the Department of
25Corrections before June 1, 2006 (the effective date of Public
26Act 94-696) and transferred to the Department of Juvenile

 

 

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1Justice by Public Act 94-696; and (2) persons employed by the
2Department of Juvenile Justice on or after June 1, 2006 (the
3effective date of Public Act 94-696) who are required by
4subsection (b) of Section 3-2.5-15 of the Unified Code of
5Corrections to have any bachelor's or advanced degree from an
6accredited college or university or, in the case of persons
7who provide vocational training, who are required to have
8adequate knowledge in the skill for which they are providing
9the vocational training.
10    (n) A person employed in a position under subsection (b)
11of this Section who has purchased service credit under
12subsection (j) of Section 14-104 or subsection (b) of Section
1314-105 in any other capacity under this Article may convert up
14to 5 years of that service credit into service credit covered
15under this Section by paying to the Fund an amount equal to (1)
16the additional employee contribution required under Section
1714-133, plus (2) the additional employer contribution required
18under Section 14-131, plus (3) interest on items (1) and (2) at
19the actuarially assumed rate from the date of the service to
20the date of payment.
21    (o) Subject to the limitation in subsection (i), a
22conservation police officer, investigator for the Secretary of
23State, Commerce Commission police officer, investigator for
24the Department of Revenue or the Illinois Gaming Board, or
25arson investigator subject to subsection (g) of Section 1-160
26may elect to convert up to 8 years of service credit

 

 

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1established before January 1, 2020 (the effective date of
2Public Act 101-610) as a conservation police officer,
3investigator for the Secretary of State, Commerce Commission
4police officer, investigator for the Department of Revenue or
5the Illinois Gaming Board, or arson investigator under this
6Article into eligible creditable service by filing a written
7election with the Board no later than one year after January 1,
82020 (the effective date of Public Act 101-610), accompanied
9by payment of an amount to be determined by the Board equal to
10(i) the difference between the amount of the employee
11contributions actually paid for that service and the amount of
12the employee contributions that would have been paid had the
13employee contributions been made as a noncovered employee
14serving in a position in which eligible creditable service, as
15defined in this Section, may be earned, plus (ii) interest
16thereon at the effective rate for each year, compounded
17annually, from the date of service to the date of payment.
18    (p) Subject to the limitation in subsection (i), an
19investigator for the Office of the Attorney General subject to
20subsection (g) of Section 1-160 may elect to convert up to 8
21years of service credit established before the effective date
22of this amendatory Act of the 102nd General Assembly as an
23investigator for the Office of the Attorney General under this
24Article into eligible creditable service by filing a written
25election with the Board no later than one year after the
26effective date of this amendatory Act of the 102nd General

 

 

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1Assembly, accompanied by payment of an amount to be determined
2by the Board equal to (i) the difference between the amount of
3the employee contributions actually paid for that service and
4the amount of the employee contributions that would have been
5paid had the employee contributions been made as a noncovered
6employee serving in a position in which eligible creditable
7service, as defined in this Section, may be earned, plus (ii)
8interest thereon at the effective rate for each year,
9compounded annually, from the date of service to the date of
10payment.
11    (q) Subject to the limitation in subsection (i), a
12security employee of the Department of Human Services who is
13subject to subsection (g-1) of Section 1-160 may elect to
14convert up to 9 years of service credit established before the
15effective date of this amendatory Act of the 103rd General
16Assembly as a security employee of the Department of Human
17Services to eligible creditable service by filing a written
18election with the Board no later than one year after the
19effective date of this amendatory Act of the 103rd General
20Assembly, accompanied by payment of an amount, to be
21determined by the Board, equal to (i) the difference between
22the amount of the employee contributions actually paid for
23that service and the amount of the employee contributions that
24would have been paid had the employee contributions been made
25as a covered employee serving in a position in which eligible
26creditable service, as defined in this Section, may be earned,

 

 

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1plus (ii) interest thereon at the effective rate for each
2year, compounded annually, from the date of service to the
3date of payment.
4(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
5102-538, eff. 8-20-21; 102-956, eff. 5-27-22.)
 
6    (40 ILCS 5/14-152.1)
7    Sec. 14-152.1. Application and expiration of new benefit
8increases.
9    (a) As used in this Section, "new benefit increase" means
10an increase in the amount of any benefit provided under this
11Article, or an expansion of the conditions of eligibility for
12any benefit under this Article, that results from an amendment
13to this Code that takes effect after June 1, 2005 (the
14effective date of Public Act 94-4). "New benefit increase",
15however, does not include any benefit increase resulting from
16the changes made to Article 1 or this Article by Public Act
1796-37, Public Act 100-23, Public Act 100-587, Public Act
18100-611, Public Act 101-10, Public Act 101-610, Public Act
19102-210, Public Act 102-856, Public Act 102-956, or this
20amendatory Act of the 103rd General Assembly this amendatory
21Act of the 102nd General Assembly.
22    (b) Notwithstanding any other provision of this Code or
23any subsequent amendment to this Code, every new benefit
24increase is subject to this Section and shall be deemed to be
25granted only in conformance with and contingent upon

 

 

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1compliance with the provisions of this Section.
2    (c) The Public Act enacting a new benefit increase must
3identify and provide for payment to the System of additional
4funding at least sufficient to fund the resulting annual
5increase in cost to the System as it accrues.
6    Every new benefit increase is contingent upon the General
7Assembly providing the additional funding required under this
8subsection. The Commission on Government Forecasting and
9Accountability shall analyze whether adequate additional
10funding has been provided for the new benefit increase and
11shall report its analysis to the Public Pension Division of
12the Department of Insurance. A new benefit increase created by
13a Public Act that does not include the additional funding
14required under this subsection is null and void. If the Public
15Pension Division determines that the additional funding
16provided for a new benefit increase under this subsection is
17or has become inadequate, it may so certify to the Governor and
18the State Comptroller and, in the absence of corrective action
19by the General Assembly, the new benefit increase shall expire
20at the end of the fiscal year in which the certification is
21made.
22    (d) Every new benefit increase shall expire 5 years after
23its effective date or on such earlier date as may be specified
24in the language enacting the new benefit increase or provided
25under subsection (c). This does not prevent the General
26Assembly from extending or re-creating a new benefit increase

 

 

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1by law.
2    (e) Except as otherwise provided in the language creating
3the new benefit increase, a new benefit increase that expires
4under this Section continues to apply to persons who applied
5and qualified for the affected benefit while the new benefit
6increase was in effect and to the affected beneficiaries and
7alternate payees of such persons, but does not apply to any
8other person, including, without limitation, a person who
9continues in service after the expiration date and did not
10apply and qualify for the affected benefit while the new
11benefit increase was in effect.
12(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
13101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
141-1-23; 102-956, eff. 5-27-22.)
 
15    Section 99. Effective date. This Act takes effect January
161, 2024.