| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| ||||||||||||||||||||||||
1 | AN ACT concerning public employee benefits.
| |||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||
4 | Section 5. The Illinois Pension Code is amended by | |||||||||||||||||||||||
5 | changing 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, | |||||||||||||||||||||||
10 | on or after January 1, 2011, first becomes a member or a | |||||||||||||||||||||||
11 | participant under any reciprocal retirement system or pension | |||||||||||||||||||||||
12 | fund established under this Code, other than a retirement | |||||||||||||||||||||||
13 | system or pension fund established under Article 2, 3, 4, 5, 6, | |||||||||||||||||||||||
14 | 7, 15, or 18 of this Code, notwithstanding any other provision | |||||||||||||||||||||||
15 | of this Code to the contrary, but do not apply to any | |||||||||||||||||||||||
16 | self-managed plan established under this Code or to any | |||||||||||||||||||||||
17 | participant of the retirement plan established under Section | |||||||||||||||||||||||
18 | 22-101; except that this Section applies to a person who | |||||||||||||||||||||||
19 | elected to establish alternative credits by electing in | |||||||||||||||||||||||
20 | writing after January 1, 2011, but before August 8, 2011, | |||||||||||||||||||||||
21 | under Section 7-145.1 of this Code. Notwithstanding anything | |||||||||||||||||||||||
22 | to the contrary in this Section, for purposes of this Section, | |||||||||||||||||||||||
23 | a person who is a Tier 1 regular employee as defined in Section |
| |||||||
| |||||||
1 | 7-109.4 of this Code or who participated in a retirement | ||||||
2 | system under Article 15 prior to January 1, 2011 shall be | ||||||
3 | deemed a person who first became a member or participant prior | ||||||
4 | to January 1, 2011 under any retirement system or pension fund | ||||||
5 | subject to this Section. The changes made to this Section by | ||||||
6 | Public Act 98-596 are a clarification of existing law and are | ||||||
7 | intended to be retroactive to January 1, 2011 (the effective | ||||||
8 | date of Public Act 96-889), notwithstanding the provisions of | ||||||
9 | Section 1-103.1 of this Code. | ||||||
10 | This Section does not apply to a person who first becomes a | ||||||
11 | noncovered employee under Article 14 on or after the | ||||||
12 | implementation date of the plan created under Section 1-161 | ||||||
13 | for that Article, unless that person elects under subsection | ||||||
14 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
15 | under this Section and the applicable provisions of that | ||||||
16 | Article. | ||||||
17 | This Section does not apply to a person who first becomes a | ||||||
18 | member or participant under Article 16 on or after the | ||||||
19 | implementation date of the plan created under Section 1-161 | ||||||
20 | for that Article, unless that person elects under subsection | ||||||
21 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
22 | under this Section and the applicable provisions of that | ||||||
23 | Article. | ||||||
24 | This Section does not apply to a person who elects under | ||||||
25 | subsection (c-5) of Section 1-161 to receive the benefits | ||||||
26 | under Section 1-161. |
| |||||||
| |||||||
1 | This Section does not apply to a person who first becomes a | ||||||
2 | member or participant of an affected pension fund on or after 6 | ||||||
3 | months after the resolution or ordinance date, as defined in | ||||||
4 | Section 1-162, unless that person elects under subsection (c) | ||||||
5 | of Section 1-162 to receive the benefits provided under this | ||||||
6 | Section and the applicable provisions of the Article under | ||||||
7 | which he or she is a member or participant. | ||||||
8 | (b) "Final average salary" means, except as otherwise | ||||||
9 | provided in this subsection, the average monthly (or annual) | ||||||
10 | salary obtained by dividing the total salary or earnings | ||||||
11 | calculated under the Article applicable to the member or | ||||||
12 | participant during the 96 consecutive months (or 8 consecutive | ||||||
13 | years) of service within the last 120 months (or 10 years) of | ||||||
14 | service in which the total salary or earnings calculated under | ||||||
15 | the applicable Article was the highest by the number of months | ||||||
16 | (or years) of service in that period. For the purposes of a | ||||||
17 | person who first becomes a member or participant of any | ||||||
18 | retirement system or pension fund to which this Section | ||||||
19 | applies on or after January 1, 2011, in this Code, "final | ||||||
20 | average 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". |
| |||||||
| |||||||
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 | ||||||
6 | of Illinois who retires on or after June 1, 2021 and for whom | ||||||
7 | the 2020-2021 school year is used in the calculation of the | ||||||
8 | member's final average salary shall use the higher of the | ||||||
9 | following for the purpose of determining the member's final | ||||||
10 | average 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 | ||||||
23 | this Code (including without limitation the calculation of | ||||||
24 | benefits and employee contributions), the annual earnings, | ||||||
25 | salary, or wages (based on the plan year) of a member or | ||||||
26 | participant to whom this Section applies shall not exceed |
| |||||||
| |||||||
1 | $106,800; however, that amount shall annually thereafter be | ||||||
2 | increased by the lesser of (i) 3% of that amount, including all | ||||||
3 | previous adjustments, or (ii) one-half the annual unadjusted | ||||||
4 | percentage increase (but not less than zero) in the consumer | ||||||
5 | price index-u
for the 12 months ending with the September | ||||||
6 | preceding each November 1, including all previous adjustments. | ||||||
7 | For the purposes of this Section, "consumer price index-u" | ||||||
8 | means
the index published by the Bureau of Labor Statistics of | ||||||
9 | the United States
Department of Labor that measures the | ||||||
10 | average change in prices of goods and
services purchased by | ||||||
11 | all urban consumers, United States city average, all
items, | ||||||
12 | 1982-84 = 100. The new amount resulting from each annual | ||||||
13 | adjustment
shall be determined by the Public Pension Division | ||||||
14 | of the Department of Insurance and made available to the | ||||||
15 | boards of the retirement systems and pension funds by November | ||||||
16 | 1 of each year. | ||||||
17 | (c) A member or participant is entitled to a retirement
| ||||||
18 | annuity upon written application if he or she has attained age | ||||||
19 | 67 (age 65, with respect to service under Article 12 that is | ||||||
20 | subject to this Section, for a member or participant under | ||||||
21 | Article 12 who first becomes a member or participant under | ||||||
22 | Article 12 on or after January 1, 2022 or who makes the | ||||||
23 | election under item (i) of subsection (d-15) of this Section) | ||||||
24 | and has at least 10 years of service credit and is otherwise | ||||||
25 | eligible under the requirements of the applicable Article. | ||||||
26 | A member or participant who has attained age 62 (age 60, |
| |||||||
| |||||||
1 | with respect to service under Article 12 that is subject to | ||||||
2 | this Section, for a member or participant under Article 12 who | ||||||
3 | first becomes a member or participant under Article 12 on or | ||||||
4 | after January 1, 2022 or who makes the election under item (i) | ||||||
5 | of subsection (d-15) of this Section) and has at least 10 years | ||||||
6 | of service credit and is otherwise eligible under the | ||||||
7 | requirements of the applicable Article may elect to receive | ||||||
8 | the lower retirement annuity provided
in subsection (d) of | ||||||
9 | this Section. | ||||||
10 | (c-5) A person who first becomes a member or a participant | ||||||
11 | subject to this Section on or after July 6, 2017 (the effective | ||||||
12 | date of Public Act 100-23), notwithstanding any other | ||||||
13 | provision of this Code to the contrary, is entitled to a | ||||||
14 | retirement annuity under Article 8 or Article 11 upon written | ||||||
15 | application if he or she has attained age 65 and has at least | ||||||
16 | 10 years of service credit and is otherwise eligible under the | ||||||
17 | requirements of Article 8 or Article 11 of this Code, | ||||||
18 | whichever is applicable. | ||||||
19 | (d) The retirement annuity of a member or participant who | ||||||
20 | is retiring after attaining age 62 (age 60, with respect to | ||||||
21 | service under Article 12 that is subject to this Section, for a | ||||||
22 | member or participant under Article 12 who first becomes a | ||||||
23 | member or participant under Article 12 on or after January 1, | ||||||
24 | 2022 or who makes the election under item (i) of subsection | ||||||
25 | (d-15) of this Section) with at least 10 years of service | ||||||
26 | credit shall be reduced by one-half
of 1% for each full month |
| |||||||
| |||||||
1 | that the member's age is under age 67 (age 65, with respect to | ||||||
2 | service under Article 12 that is subject to this Section, for a | ||||||
3 | member or participant under Article 12 who first becomes a | ||||||
4 | member or participant under Article 12 on or after January 1, | ||||||
5 | 2022 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 | ||||||
8 | Article 11 to an eligible person subject to subsection (c-5) | ||||||
9 | of this Section who is retiring at age 60 with at least 10 | ||||||
10 | years of service credit shall be reduced by one-half of 1% for | ||||||
11 | each full month that the member's age is under age 65. | ||||||
12 | (d-10) Each person who first became a member or | ||||||
13 | participant under Article 8 or Article 11 of this Code on or | ||||||
14 | after January 1, 2011 and prior to July 6, 2017 (the effective | ||||||
15 | date of Public Act 100-23) shall make an irrevocable election | ||||||
16 | either: | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
8 | between October 1, 2017 and November 15, 2017. A person | ||||||
9 | subject to this subsection who makes the required election | ||||||
10 | shall remain bound by that election. A person subject to this | ||||||
11 | subsection who fails for any reason to make the required | ||||||
12 | election within the time specified in this subsection shall be | ||||||
13 | deemed to have made the election under item (ii). | ||||||
14 | (d-15) Each person who first becomes a member or | ||||||
15 | participant under Article 12 on or after January 1, 2011 and | ||||||
16 | prior to January 1, 2022 shall make an irrevocable election | ||||||
17 | either: | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
6 | between January 1, 2022 and April 1, 2022. A person subject to | ||||||
7 | this subsection who makes the required election shall remain | ||||||
8 | bound by that election. A person subject to this subsection | ||||||
9 | who fails for any reason to make the required election within | ||||||
10 | the time specified in this subsection shall be deemed to have | ||||||
11 | made the election under item (ii). | ||||||
12 | (e) Any retirement annuity or supplemental annuity shall | ||||||
13 | be subject to annual increases on the January 1 occurring | ||||||
14 | either on or after the attainment of age 67 (age 65, with | ||||||
15 | respect to service under Article 12 that is subject to this | ||||||
16 | Section, for a member or participant under Article 12 who | ||||||
17 | first becomes a member or participant under Article 12 on or | ||||||
18 | after January 1, 2022 or who makes the election under item (i) | ||||||
19 | of subsection (d-15); and beginning on July 6, 2017 (the | ||||||
20 | effective date of Public Act 100-23), age 65 with respect to | ||||||
21 | service under Article 8 or Article 11 for eligible persons | ||||||
22 | who: (i) are subject to subsection (c-5) of this Section; or | ||||||
23 | (ii) made the election under item (i) of subsection (d-10) of | ||||||
24 | this Section) or the first anniversary of the annuity start | ||||||
25 | date, whichever is later. Each annual increase shall be | ||||||
26 | calculated at 3% or one-half the annual unadjusted percentage |
| |||||||
| |||||||
1 | increase (but not less than zero) in the consumer price | ||||||
2 | index-u for the 12 months ending with the September preceding | ||||||
3 | each November 1, whichever is less, of the originally granted | ||||||
4 | retirement annuity. If the annual unadjusted percentage change | ||||||
5 | in the consumer price index-u for the 12 months ending with the | ||||||
6 | September preceding each November 1 is zero or there is a | ||||||
7 | decrease, then the annuity shall not be increased. | ||||||
8 | For the purposes of Section 1-103.1 of this Code, the | ||||||
9 | changes made to this Section by Public Act 102-263 are | ||||||
10 | applicable without regard to whether the employee was in | ||||||
11 | active service on or after August 6, 2021 (the effective date | ||||||
12 | of Public Act 102-263). | ||||||
13 | For the purposes of Section 1-103.1 of this Code, the | ||||||
14 | changes made to this Section by Public Act 100-23 are | ||||||
15 | applicable without regard to whether the employee was in | ||||||
16 | active service on or after July 6, 2017 (the effective date of | ||||||
17 | Public Act 100-23). | ||||||
18 | (f) The initial survivor's or widow's annuity of an | ||||||
19 | otherwise eligible survivor or widow of a retired member or | ||||||
20 | participant who first became a member or participant on or | ||||||
21 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
22 | retired member's or participant's retirement annuity at the | ||||||
23 | date of death. In the case of the death of a member or | ||||||
24 | participant who has not retired and who first became a member | ||||||
25 | or participant on or after January 1, 2011, eligibility for a | ||||||
26 | survivor's or widow's annuity shall be determined by the |
| |||||||
| |||||||
1 | applicable Article of this Code. The initial benefit shall be | ||||||
2 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
3 | child's annuity of an otherwise eligible child shall be in the | ||||||
4 | amount prescribed under each Article if applicable. Any | ||||||
5 | survivor's or widow's annuity shall be increased (1) on each | ||||||
6 | January 1 occurring on or after the commencement of the | ||||||
7 | annuity if
the deceased member died while receiving a | ||||||
8 | retirement annuity or (2) in
other cases, on each January 1 | ||||||
9 | occurring after the first anniversary
of the commencement of | ||||||
10 | the annuity. Each annual increase shall be calculated at 3% or | ||||||
11 | one-half the annual unadjusted percentage increase (but not | ||||||
12 | less than zero) in the consumer price index-u for the 12 months | ||||||
13 | ending with the September preceding each November 1, whichever | ||||||
14 | is less, of the originally granted survivor's annuity. If the | ||||||
15 | annual unadjusted percentage change in the consumer price | ||||||
16 | index-u for the 12 months ending with the September preceding | ||||||
17 | each November 1 is zero or there is a decrease, then the | ||||||
18 | annuity shall not be increased. | ||||||
19 | (g) The benefits in Section 14-110 apply if the person is a | ||||||
20 | fire fighter in the fire protection service of a department, a | ||||||
21 | security employee of the Department of Corrections or the | ||||||
22 | Department of Juvenile Justice, or a security employee of the | ||||||
23 | Department of Innovation and Technology, as those terms are | ||||||
24 | defined in subsection (b) and subsection (c) of Section | ||||||
25 | 14-110. A person who meets the requirements of this Section is | ||||||
26 | entitled to an annuity calculated under the provisions of |
| |||||||
| |||||||
1 | Section 14-110, in lieu of the regular or minimum retirement | ||||||
2 | annuity, only if the person has withdrawn from service with | ||||||
3 | not less than 20
years of eligible creditable service and has | ||||||
4 | attained age 60, regardless of whether
the attainment of age | ||||||
5 | 60 occurs while the person is
still in service. | ||||||
6 | (g-1) The benefits in Section 14-110 apply if the person | ||||||
7 | is a security employee of the Department of Human Services, as | ||||||
8 | those terms are defined in subsection (b) and subsection (c) | ||||||
9 | of Section 14-110. A person who meets the requirements of this | ||||||
10 | Section is entitled to an annuity calculated under the | ||||||
11 | provisions of Section 14-110, in lieu of the regular or | ||||||
12 | minimum retirement annuity, only if the person has withdrawn | ||||||
13 | from service with not less than 20 years of eligible | ||||||
14 | creditable service and has attained age 55, regardless of | ||||||
15 | whether the attainment of age 55 occurs while the person is | ||||||
16 | still in service. | ||||||
17 | (g-5) The benefits in Section 14-110 apply if the person | ||||||
18 | is a State policeman, investigator for the Secretary of State, | ||||||
19 | conservation police officer, investigator for the Department | ||||||
20 | of Revenue or the
Illinois Gaming Board, investigator for the | ||||||
21 | Office of the Attorney
General, Commerce Commission police | ||||||
22 | officer, or arson investigator, as those terms are defined in | ||||||
23 | subsection (b) and subsection (c) of Section 14-110. A person | ||||||
24 | who meets the requirements of this Section is entitled to an | ||||||
25 | annuity calculated under the provisions of Section 14-110, in | ||||||
26 | lieu of the regular or minimum retirement annuity, only if the |
| |||||||
| |||||||
1 | person has withdrawn from service with not less than 20 years | ||||||
2 | of eligible creditable service and has attained age 55, | ||||||
3 | regardless of whether the attainment of age 55 occurs while | ||||||
4 | the person is still in service. | ||||||
5 | (h) If a person who first becomes a member or a participant | ||||||
6 | of a retirement system or pension fund subject to this Section | ||||||
7 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
8 | or retirement pension under that system or fund and becomes a | ||||||
9 | member or participant under any other system or fund created | ||||||
10 | by this Code and is employed on a full-time basis, except for | ||||||
11 | those members or participants exempted from the provisions of | ||||||
12 | this Section under subsection (a) of this Section, then the | ||||||
13 | person's retirement annuity or retirement pension under that | ||||||
14 | system or fund shall be suspended during that employment. Upon | ||||||
15 | termination of that employment, the person's retirement | ||||||
16 | annuity or retirement pension payments shall resume and be | ||||||
17 | recalculated if recalculation is provided for under the | ||||||
18 | applicable Article of this Code. | ||||||
19 | If a person who first becomes a member of a retirement | ||||||
20 | system or pension fund subject to this Section on or after | ||||||
21 | January 1, 2012 and is receiving a retirement annuity or | ||||||
22 | retirement pension under that system or fund and accepts on a | ||||||
23 | contractual basis a position to provide services to a | ||||||
24 | governmental entity from which he or she has retired, then | ||||||
25 | that person's annuity or retirement pension earned as an | ||||||
26 | active employee of the employer shall be suspended during that |
| |||||||
| |||||||
1 | contractual service. A person receiving an annuity or | ||||||
2 | retirement pension under this Code shall notify the pension | ||||||
3 | fund or retirement system from which he or she is receiving an | ||||||
4 | annuity or retirement pension, as well as his or her | ||||||
5 | contractual employer, of his or her retirement status before | ||||||
6 | accepting contractual employment. A person who fails to submit | ||||||
7 | such notification shall be guilty of a Class A misdemeanor and | ||||||
8 | required to pay a fine of $1,000. Upon termination of that | ||||||
9 | contractual employment, the person's retirement annuity or | ||||||
10 | retirement pension payments shall resume and, if appropriate, | ||||||
11 | be recalculated under the applicable provisions of this Code. | ||||||
12 | (i) (Blank). | ||||||
13 | (j) In the case of a conflict between the provisions of | ||||||
14 | this Section and any other provision of this Code, the | ||||||
15 | provisions of this Section shall control.
| ||||||
16 | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | ||||||
17 | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-719, eff. | ||||||
18 | 5-6-22.) | ||||||
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, | ||||||
22 | on or after January 1, 2011, first becomes a member or a | ||||||
23 | participant under any reciprocal retirement system or pension | ||||||
24 | fund established under this Code, other than a retirement | ||||||
25 | system or pension fund established under Article 2, 3, 4, 5, 6, |
| |||||||
| |||||||
1 | 7, 15, or 18 of this Code, notwithstanding any other provision | ||||||
2 | of this Code to the contrary, but do not apply to any | ||||||
3 | self-managed plan established under this Code or to any | ||||||
4 | participant of the retirement plan established under Section | ||||||
5 | 22-101; except that this Section applies to a person who | ||||||
6 | elected to establish alternative credits by electing in | ||||||
7 | writing after January 1, 2011, but before August 8, 2011, | ||||||
8 | under Section 7-145.1 of this Code. Notwithstanding anything | ||||||
9 | to the contrary in this Section, for purposes of this Section, | ||||||
10 | a person who is a Tier 1 regular employee as defined in Section | ||||||
11 | 7-109.4 of this Code or who participated in a retirement | ||||||
12 | system under Article 15 prior to January 1, 2011 shall be | ||||||
13 | deemed a person who first became a member or participant prior | ||||||
14 | to January 1, 2011 under any retirement system or pension fund | ||||||
15 | subject to this Section. The changes made to this Section by | ||||||
16 | Public Act 98-596 are a clarification of existing law and are | ||||||
17 | intended to be retroactive to January 1, 2011 (the effective | ||||||
18 | date of Public Act 96-889), notwithstanding the provisions of | ||||||
19 | Section 1-103.1 of this Code. | ||||||
20 | This Section does not apply to a person who first becomes a | ||||||
21 | noncovered employee under Article 14 on or after the | ||||||
22 | implementation date of the plan created under Section 1-161 | ||||||
23 | for that Article, unless that person elects under subsection | ||||||
24 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
25 | under this Section and the applicable provisions of that | ||||||
26 | Article. |
| |||||||
| |||||||
1 | This Section does not apply to a person who first becomes a | ||||||
2 | member or participant under Article 16 on or after the | ||||||
3 | implementation date of the plan created under Section 1-161 | ||||||
4 | for that Article, unless that person elects under subsection | ||||||
5 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
6 | under this Section and the applicable provisions of that | ||||||
7 | Article. | ||||||
8 | This Section does not apply to a person who elects under | ||||||
9 | subsection (c-5) of Section 1-161 to receive the benefits | ||||||
10 | under Section 1-161. | ||||||
11 | This Section does not apply to a person who first becomes a | ||||||
12 | member or participant of an affected pension fund on or after 6 | ||||||
13 | months after the resolution or ordinance date, as defined in | ||||||
14 | Section 1-162, unless that person elects under subsection (c) | ||||||
15 | of Section 1-162 to receive the benefits provided under this | ||||||
16 | Section and the applicable provisions of the Article under | ||||||
17 | which he or she is a member or participant. | ||||||
18 | (b) "Final average salary" means, except as otherwise | ||||||
19 | provided in this subsection, the average monthly (or annual) | ||||||
20 | salary obtained by dividing the total salary or earnings | ||||||
21 | calculated under the Article applicable to the member or | ||||||
22 | participant during the 96 consecutive months (or 8 consecutive | ||||||
23 | years) of service within the last 120 months (or 10 years) of | ||||||
24 | service in which the total salary or earnings calculated under | ||||||
25 | the applicable Article was the highest by the number of months | ||||||
26 | (or years) of service in that period. For the purposes of a |
| |||||||
| |||||||
1 | person who first becomes a member or participant of any | ||||||
2 | retirement system or pension fund to which this Section | ||||||
3 | applies on or after January 1, 2011, in this Code, "final | ||||||
4 | average 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 | ||||||
16 | of Illinois who retires on or after June 1, 2021 and for whom | ||||||
17 | the 2020-2021 school year is used in the calculation of the | ||||||
18 | member's final average salary shall use the higher of the | ||||||
19 | following for the purpose of determining the member's final | ||||||
20 | average 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 |
| |||||||
| |||||||
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 | ||||||
7 | this Code (including without limitation the calculation of | ||||||
8 | benefits and employee contributions), the annual earnings, | ||||||
9 | salary, or wages (based on the plan year) of a member or | ||||||
10 | participant to whom this Section applies shall not exceed | ||||||
11 | $106,800; however, that amount shall annually thereafter be | ||||||
12 | increased by the lesser of (i) 3% of that amount, including all | ||||||
13 | previous adjustments, or (ii) one-half the annual unadjusted | ||||||
14 | percentage increase (but not less than zero) in the consumer | ||||||
15 | price index-u
for the 12 months ending with the September | ||||||
16 | preceding each November 1, including all previous adjustments. | ||||||
17 | For the purposes of this Section, "consumer price index-u" | ||||||
18 | means
the index published by the Bureau of Labor Statistics of | ||||||
19 | the United States
Department of Labor that measures the | ||||||
20 | average change in prices of goods and
services purchased by | ||||||
21 | all urban consumers, United States city average, all
items, | ||||||
22 | 1982-84 = 100. The new amount resulting from each annual | ||||||
23 | adjustment
shall be determined by the Public Pension Division | ||||||
24 | of the Department of Insurance and made available to the | ||||||
25 | boards of the retirement systems and pension funds by November | ||||||
26 | 1 of each year. |
| |||||||
| |||||||
1 | (c) A member or participant is entitled to a retirement
| ||||||
2 | annuity upon written application if he or she has attained age | ||||||
3 | 67 (age 65, with respect to service under Article 12 that is | ||||||
4 | subject to this Section, for a member or participant under | ||||||
5 | Article 12 who first becomes a member or participant under | ||||||
6 | Article 12 on or after January 1, 2022 or who makes the | ||||||
7 | election under item (i) of subsection (d-15) of this Section) | ||||||
8 | and has at least 10 years of service credit and is otherwise | ||||||
9 | eligible under the requirements of the applicable Article. | ||||||
10 | A member or participant who has attained age 62 (age 60, | ||||||
11 | with respect to service under Article 12 that is subject to | ||||||
12 | this Section, for a member or participant under Article 12 who | ||||||
13 | first becomes a member or participant under Article 12 on or | ||||||
14 | after January 1, 2022 or who makes the election under item (i) | ||||||
15 | of subsection (d-15) of this Section) and has at least 10 years | ||||||
16 | of service credit and is otherwise eligible under the | ||||||
17 | requirements of the applicable Article may elect to receive | ||||||
18 | the lower retirement annuity provided
in subsection (d) of | ||||||
19 | this Section. | ||||||
20 | (c-5) A person who first becomes a member or a participant | ||||||
21 | subject to this Section on or after July 6, 2017 (the effective | ||||||
22 | date of Public Act 100-23), notwithstanding any other | ||||||
23 | provision of this Code to the contrary, is entitled to a | ||||||
24 | retirement annuity under Article 8 or Article 11 upon written | ||||||
25 | application if he or she has attained age 65 and has at least | ||||||
26 | 10 years of service credit and is otherwise eligible under the |
| |||||||
| |||||||
1 | requirements of Article 8 or Article 11 of this Code, | ||||||
2 | whichever is applicable. | ||||||
3 | (d) The retirement annuity of a member or participant who | ||||||
4 | is retiring after attaining age 62 (age 60, with respect to | ||||||
5 | service under Article 12 that is subject to this Section, for a | ||||||
6 | member or participant under Article 12 who first becomes a | ||||||
7 | member or participant under Article 12 on or after January 1, | ||||||
8 | 2022 or who makes the election under item (i) of subsection | ||||||
9 | (d-15) of this Section) with at least 10 years of service | ||||||
10 | credit shall be reduced by one-half
of 1% for each full month | ||||||
11 | that the member's age is under age 67 (age 65, with respect to | ||||||
12 | service under Article 12 that is subject to this Section, for a | ||||||
13 | member or participant under Article 12 who first becomes a | ||||||
14 | member or participant under Article 12 on or after January 1, | ||||||
15 | 2022 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 | ||||||
18 | Article 11 to an eligible person subject to subsection (c-5) | ||||||
19 | of this Section who is retiring at age 60 with at least 10 | ||||||
20 | years of service credit shall be reduced by one-half of 1% for | ||||||
21 | each full month that the member's age is under age 65. | ||||||
22 | (d-10) Each person who first became a member or | ||||||
23 | participant under Article 8 or Article 11 of this Code on or | ||||||
24 | after January 1, 2011 and prior to July 6, 2017 (the effective | ||||||
25 | date of Public Act 100-23) shall make an irrevocable election | ||||||
26 | either: |
| |||||||
| |||||||
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 | ||||||
18 | between October 1, 2017 and November 15, 2017. A person | ||||||
19 | subject to this subsection who makes the required election | ||||||
20 | shall remain bound by that election. A person subject to this | ||||||
21 | subsection who fails for any reason to make the required | ||||||
22 | election within the time specified in this subsection shall be | ||||||
23 | deemed to have made the election under item (ii). | ||||||
24 | (d-15) Each person who first becomes a member or | ||||||
25 | participant under Article 12 on or after January 1, 2011 and | ||||||
26 | prior to January 1, 2022 shall make an irrevocable election |
| |||||||
| |||||||
1 | either: | ||||||
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 | ||||||
16 | between January 1, 2022 and April 1, 2022. A person subject to | ||||||
17 | this subsection who makes the required election shall remain | ||||||
18 | bound by that election. A person subject to this subsection | ||||||
19 | who fails for any reason to make the required election within | ||||||
20 | the time specified in this subsection shall be deemed to have | ||||||
21 | made the election under item (ii). | ||||||
22 | (e) Any retirement annuity or supplemental annuity shall | ||||||
23 | be subject to annual increases on the January 1 occurring | ||||||
24 | either on or after the attainment of age 67 (age 65, with | ||||||
25 | respect to service under Article 12 that is subject to this | ||||||
26 | Section, for a member or participant under Article 12 who |
| |||||||
| |||||||
1 | first becomes a member or participant under Article 12 on or | ||||||
2 | after January 1, 2022 or who makes the election under item (i) | ||||||
3 | of subsection (d-15); and beginning on July 6, 2017 (the | ||||||
4 | effective date of Public Act 100-23), age 65 with respect to | ||||||
5 | service under Article 8 or Article 11 for eligible persons | ||||||
6 | who: (i) are subject to subsection (c-5) of this Section; or | ||||||
7 | (ii) made the election under item (i) of subsection (d-10) of | ||||||
8 | this Section) or the first anniversary of the annuity start | ||||||
9 | date, whichever is later. Each annual increase shall be | ||||||
10 | calculated at 3% or one-half the annual unadjusted percentage | ||||||
11 | increase (but not less than zero) in the consumer price | ||||||
12 | index-u for the 12 months ending with the September preceding | ||||||
13 | each November 1, whichever is less, of the originally granted | ||||||
14 | retirement annuity. If the annual unadjusted percentage change | ||||||
15 | in the consumer price index-u for the 12 months ending with the | ||||||
16 | September preceding each November 1 is zero or there is a | ||||||
17 | decrease, then the annuity shall not be increased. | ||||||
18 | For the purposes of Section 1-103.1 of this Code, the | ||||||
19 | changes made to this Section by Public Act 102-263 are | ||||||
20 | applicable without regard to whether the employee was in | ||||||
21 | active service on or after August 6, 2021 (the effective date | ||||||
22 | of Public Act 102-263). | ||||||
23 | For the purposes of Section 1-103.1 of this Code, the | ||||||
24 | changes made to this Section by Public Act 100-23 are | ||||||
25 | applicable without regard to whether the employee was in | ||||||
26 | active service on or after July 6, 2017 (the effective date of |
| |||||||
| |||||||
1 | Public Act 100-23). | ||||||
2 | (f) The initial survivor's or widow's annuity of an | ||||||
3 | otherwise eligible survivor or widow of a retired member or | ||||||
4 | participant who first became a member or participant on or | ||||||
5 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
6 | retired member's or participant's retirement annuity at the | ||||||
7 | date of death. In the case of the death of a member or | ||||||
8 | participant who has not retired and who first became a member | ||||||
9 | or participant on or after January 1, 2011, eligibility for a | ||||||
10 | survivor's or widow's annuity shall be determined by the | ||||||
11 | applicable Article of this Code. The initial benefit shall be | ||||||
12 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
13 | child's annuity of an otherwise eligible child shall be in the | ||||||
14 | amount prescribed under each Article if applicable. Any | ||||||
15 | survivor's or widow's annuity shall be increased (1) on each | ||||||
16 | January 1 occurring on or after the commencement of the | ||||||
17 | annuity if
the deceased member died while receiving a | ||||||
18 | retirement annuity or (2) in
other cases, on each January 1 | ||||||
19 | occurring after the first anniversary
of the commencement of | ||||||
20 | the annuity. Each annual increase shall be calculated at 3% or | ||||||
21 | one-half the annual unadjusted percentage increase (but not | ||||||
22 | less than zero) in the consumer price index-u for the 12 months | ||||||
23 | ending with the September preceding each November 1, whichever | ||||||
24 | is less, of the originally granted survivor's annuity. If the | ||||||
25 | annual unadjusted percentage change in the consumer price | ||||||
26 | index-u for the 12 months ending with the September preceding |
| |||||||
| |||||||
1 | each November 1 is zero or there is a decrease, then the | ||||||
2 | annuity shall not be increased. | ||||||
3 | (g) The benefits in Section 14-110 apply only if the | ||||||
4 | person is a State policeman, a fire fighter in the fire | ||||||
5 | protection service of a department, a conservation police | ||||||
6 | officer, an investigator for the Secretary of State, an arson | ||||||
7 | investigator, a Commerce Commission police officer, | ||||||
8 | investigator for the Department of Revenue or the
Illinois | ||||||
9 | Gaming Board, a security employee of the Department of | ||||||
10 | Corrections or the Department of Juvenile Justice, or a | ||||||
11 | security employee of the Department of Innovation and | ||||||
12 | Technology, as those terms are defined in subsection (b) and | ||||||
13 | subsection (c) of Section 14-110. A person who meets the | ||||||
14 | requirements of this Section is entitled to an annuity | ||||||
15 | calculated under the provisions of Section 14-110, in lieu of | ||||||
16 | the regular or minimum retirement annuity, only if the person | ||||||
17 | has withdrawn from service with not less than 20
years of | ||||||
18 | eligible creditable service and has attained age 60, | ||||||
19 | regardless of whether
the attainment of age 60 occurs while | ||||||
20 | the person is
still in service. | ||||||
21 | (g-1) The benefits in Section 14-110 apply if the person | ||||||
22 | is a security employee of the Department of Human Services, as | ||||||
23 | those terms are defined in subsection (b) and subsection (c) | ||||||
24 | of Section 14-110. A person who meets the requirements of this | ||||||
25 | Section is entitled to an annuity calculated under the | ||||||
26 | provisions of Section 14-110, in lieu of the regular or |
| |||||||
| |||||||
1 | minimum retirement annuity, only if the person has withdrawn | ||||||
2 | from service with not less than 20 years of eligible | ||||||
3 | creditable service and has attained age 55, regardless of | ||||||
4 | whether the attainment of age 55 occurs while the person is | ||||||
5 | still in service. | ||||||
6 | (h) If a person who first becomes a member or a participant | ||||||
7 | of a retirement system or pension fund subject to this Section | ||||||
8 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
9 | or retirement pension under that system or fund and becomes a | ||||||
10 | member or participant under any other system or fund created | ||||||
11 | by this Code and is employed on a full-time basis, except for | ||||||
12 | those members or participants exempted from the provisions of | ||||||
13 | this Section under subsection (a) of this Section, then the | ||||||
14 | person's retirement annuity or retirement pension under that | ||||||
15 | system or fund shall be suspended during that employment. Upon | ||||||
16 | termination of that employment, the person's retirement | ||||||
17 | annuity or retirement pension payments shall resume and be | ||||||
18 | recalculated if recalculation is provided for under the | ||||||
19 | applicable Article of this Code. | ||||||
20 | If a person who first becomes a member of a retirement | ||||||
21 | system or pension fund subject to this Section on or after | ||||||
22 | January 1, 2012 and is receiving a retirement annuity or | ||||||
23 | retirement pension under that system or fund and accepts on a | ||||||
24 | contractual basis a position to provide services to a | ||||||
25 | governmental entity from which he or she has retired, then | ||||||
26 | that person's annuity or retirement pension earned as an |
| |||||||
| |||||||
1 | active employee of the employer shall be suspended during that | ||||||
2 | contractual service. A person receiving an annuity or | ||||||
3 | retirement pension under this Code shall notify the pension | ||||||
4 | fund or retirement system from which he or she is receiving an | ||||||
5 | annuity or retirement pension, as well as his or her | ||||||
6 | contractual employer, of his or her retirement status before | ||||||
7 | accepting contractual employment. A person who fails to submit | ||||||
8 | such notification shall be guilty of a Class A misdemeanor and | ||||||
9 | required to pay a fine of $1,000. Upon termination of that | ||||||
10 | contractual employment, the person's retirement annuity or | ||||||
11 | retirement pension payments shall resume and, if appropriate, | ||||||
12 | be recalculated under the applicable provisions of this Code. | ||||||
13 | (i) (Blank). | ||||||
14 | (j) In the case of a conflict between the provisions of | ||||||
15 | this Section and any other provision of this Code, the | ||||||
16 | provisions of this Section shall control.
| ||||||
17 | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | ||||||
18 | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-813, eff. | ||||||
19 | 5-13-22.) | ||||||
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, | ||||||
23 | on or after January 1, 2011, first becomes a member or a | ||||||
24 | participant under any reciprocal retirement system or pension | ||||||
25 | fund established under this Code, other than a retirement |
| |||||||
| |||||||
1 | system or pension fund established under Article 2, 3, 4, 5, 6, | ||||||
2 | 7, 15, or 18 of this Code, notwithstanding any other provision | ||||||
3 | of this Code to the contrary, but do not apply to any | ||||||
4 | self-managed plan established under this Code or to any | ||||||
5 | participant of the retirement plan established under Section | ||||||
6 | 22-101; except that this Section applies to a person who | ||||||
7 | elected to establish alternative credits by electing in | ||||||
8 | writing after January 1, 2011, but before August 8, 2011, | ||||||
9 | under Section 7-145.1 of this Code. Notwithstanding anything | ||||||
10 | to the contrary in this Section, for purposes of this Section, | ||||||
11 | a person who is a Tier 1 regular employee as defined in Section | ||||||
12 | 7-109.4 of this Code or who participated in a retirement | ||||||
13 | system under Article 15 prior to January 1, 2011 shall be | ||||||
14 | deemed a person who first became a member or participant prior | ||||||
15 | to January 1, 2011 under any retirement system or pension fund | ||||||
16 | subject to this Section. The changes made to this Section by | ||||||
17 | Public Act 98-596 are a clarification of existing law and are | ||||||
18 | intended to be retroactive to January 1, 2011 (the effective | ||||||
19 | date of Public Act 96-889), notwithstanding the provisions of | ||||||
20 | Section 1-103.1 of this Code. | ||||||
21 | This Section does not apply to a person who first becomes a | ||||||
22 | noncovered employee under Article 14 on or after the | ||||||
23 | implementation date of the plan created under Section 1-161 | ||||||
24 | for that Article, unless that person elects under subsection | ||||||
25 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
26 | under this Section and the applicable provisions of that |
| |||||||
| |||||||
1 | Article. | ||||||
2 | This Section does not apply to a person who first becomes a | ||||||
3 | member or participant under Article 16 on or after the | ||||||
4 | implementation date of the plan created under Section 1-161 | ||||||
5 | for that Article, unless that person elects under subsection | ||||||
6 | (b) of Section 1-161 to instead receive the benefits provided | ||||||
7 | under this Section and the applicable provisions of that | ||||||
8 | Article. | ||||||
9 | This Section does not apply to a person who elects under | ||||||
10 | subsection (c-5) of Section 1-161 to receive the benefits | ||||||
11 | under Section 1-161. | ||||||
12 | This Section does not apply to a person who first becomes a | ||||||
13 | member or participant of an affected pension fund on or after 6 | ||||||
14 | months after the resolution or ordinance date, as defined in | ||||||
15 | Section 1-162, unless that person elects under subsection (c) | ||||||
16 | of Section 1-162 to receive the benefits provided under this | ||||||
17 | Section and the applicable provisions of the Article under | ||||||
18 | which he or she is a member or participant. | ||||||
19 | (b) "Final average salary" means, except as otherwise | ||||||
20 | provided in this subsection, the average monthly (or annual) | ||||||
21 | salary obtained by dividing the total salary or earnings | ||||||
22 | calculated under the Article applicable to the member or | ||||||
23 | participant during the 96 consecutive months (or 8 consecutive | ||||||
24 | years) of service within the last 120 months (or 10 years) of | ||||||
25 | service in which the total salary or earnings calculated under | ||||||
26 | the applicable Article was the highest by the number of months |
| |||||||
| |||||||
1 | (or years) of service in that period. For the purposes of a | ||||||
2 | person who first becomes a member or participant of any | ||||||
3 | retirement system or pension fund to which this Section | ||||||
4 | applies on or after January 1, 2011, in this Code, "final | ||||||
5 | average 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 | ||||||
17 | of Illinois who retires on or after June 1, 2021 and for whom | ||||||
18 | the 2020-2021 school year is used in the calculation of the | ||||||
19 | member's final average salary shall use the higher of the | ||||||
20 | following for the purpose of determining the member's final | ||||||
21 | average 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 |
| |||||||
| |||||||
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 | ||||||
8 | this Code (including without limitation the calculation of | ||||||
9 | benefits and employee contributions), the annual earnings, | ||||||
10 | salary, or wages (based on the plan year) of a member or | ||||||
11 | participant to whom this Section applies shall not exceed | ||||||
12 | $106,800; however, that amount shall annually thereafter be | ||||||
13 | increased by the lesser of (i) 3% of that amount, including all | ||||||
14 | previous adjustments, or (ii) one-half the annual unadjusted | ||||||
15 | percentage increase (but not less than zero) in the consumer | ||||||
16 | price index-u
for the 12 months ending with the September | ||||||
17 | preceding each November 1, including all previous adjustments. | ||||||
18 | For the purposes of this Section, "consumer price index-u" | ||||||
19 | means
the index published by the Bureau of Labor Statistics of | ||||||
20 | the United States
Department of Labor that measures the | ||||||
21 | average change in prices of goods and
services purchased by | ||||||
22 | all urban consumers, United States city average, all
items, | ||||||
23 | 1982-84 = 100. The new amount resulting from each annual | ||||||
24 | adjustment
shall be determined by the Public Pension Division | ||||||
25 | of the Department of Insurance and made available to the | ||||||
26 | boards of the retirement systems and pension funds by November |
| |||||||
| |||||||
1 | 1 of each year. | ||||||
2 | (c) A member or participant is entitled to a retirement
| ||||||
3 | annuity upon written application if he or she has attained age | ||||||
4 | 67 (age 65, with respect to service under Article 12 that is | ||||||
5 | subject to this Section, for a member or participant under | ||||||
6 | Article 12 who first becomes a member or participant under | ||||||
7 | Article 12 on or after January 1, 2022 or who makes the | ||||||
8 | election under item (i) of subsection (d-15) of this Section) | ||||||
9 | and has at least 10 years of service credit and is otherwise | ||||||
10 | eligible under the requirements of the applicable Article. | ||||||
11 | A member or participant who has attained age 62 (age 60, | ||||||
12 | with respect to service under Article 12 that is subject to | ||||||
13 | this Section, for a member or participant under Article 12 who | ||||||
14 | first becomes a member or participant under Article 12 on or | ||||||
15 | after January 1, 2022 or who makes the election under item (i) | ||||||
16 | of subsection (d-15) of this Section) and has at least 10 years | ||||||
17 | of service credit and is otherwise eligible under the | ||||||
18 | requirements of the applicable Article may elect to receive | ||||||
19 | the lower retirement annuity provided
in subsection (d) of | ||||||
20 | this Section. | ||||||
21 | (c-5) A person who first becomes a member or a participant | ||||||
22 | subject to this Section on or after July 6, 2017 (the effective | ||||||
23 | date of Public Act 100-23), notwithstanding any other | ||||||
24 | provision of this Code to the contrary, is entitled to a | ||||||
25 | retirement annuity under Article 8 or Article 11 upon written | ||||||
26 | application if he or she has attained age 65 and has at least |
| |||||||
| |||||||
1 | 10 years of service credit and is otherwise eligible under the | ||||||
2 | requirements of Article 8 or Article 11 of this Code, | ||||||
3 | whichever is applicable. | ||||||
4 | (d) The retirement annuity of a member or participant who | ||||||
5 | is retiring after attaining age 62 (age 60, with respect to | ||||||
6 | service under Article 12 that is subject to this Section, for a | ||||||
7 | member or participant under Article 12 who first becomes a | ||||||
8 | member or participant under Article 12 on or after January 1, | ||||||
9 | 2022 or who makes the election under item (i) of subsection | ||||||
10 | (d-15) of this Section) with at least 10 years of service | ||||||
11 | credit shall be reduced by one-half
of 1% for each full month | ||||||
12 | that the member's age is under age 67 (age 65, with respect to | ||||||
13 | service under Article 12 that is subject to this Section, for a | ||||||
14 | member or participant under Article 12 who first becomes a | ||||||
15 | member or participant under Article 12 on or after January 1, | ||||||
16 | 2022 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 | ||||||
19 | Article 11 to an eligible person subject to subsection (c-5) | ||||||
20 | of this Section who is retiring at age 60 with at least 10 | ||||||
21 | years of service credit shall be reduced by one-half of 1% for | ||||||
22 | each full month that the member's age is under age 65. | ||||||
23 | (d-10) Each person who first became a member or | ||||||
24 | participant under Article 8 or Article 11 of this Code on or | ||||||
25 | after January 1, 2011 and prior to July 6, 2017 (the effective | ||||||
26 | date of Public Act 100-23) shall make an irrevocable election |
| |||||||
| |||||||
1 | either: | ||||||
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 | ||||||
19 | between October 1, 2017 and November 15, 2017. A person | ||||||
20 | subject to this subsection who makes the required election | ||||||
21 | shall remain bound by that election. A person subject to this | ||||||
22 | subsection who fails for any reason to make the required | ||||||
23 | election within the time specified in this subsection shall be | ||||||
24 | deemed to have made the election under item (ii). | ||||||
25 | (d-15) Each person who first becomes a member or | ||||||
26 | participant under Article 12 on or after January 1, 2011 and |
| |||||||
| |||||||
1 | prior to January 1, 2022 shall make an irrevocable election | ||||||
2 | either: | ||||||
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 | ||||||
17 | between January 1, 2022 and April 1, 2022. A person subject to | ||||||
18 | this subsection who makes the required election shall remain | ||||||
19 | bound by that election. A person subject to this subsection | ||||||
20 | who fails for any reason to make the required election within | ||||||
21 | the time specified in this subsection shall be deemed to have | ||||||
22 | made the election under item (ii). | ||||||
23 | (e) Any retirement annuity or supplemental annuity shall | ||||||
24 | be subject to annual increases on the January 1 occurring | ||||||
25 | either on or after the attainment of age 67 (age 65, with | ||||||
26 | respect to service under Article 12 that is subject to this |
| |||||||
| |||||||
1 | Section, for a member or participant under Article 12 who | ||||||
2 | first becomes a member or participant under Article 12 on or | ||||||
3 | after January 1, 2022 or who makes the election under item (i) | ||||||
4 | of subsection (d-15); and beginning on July 6, 2017 (the | ||||||
5 | effective date of Public Act 100-23), age 65 with respect to | ||||||
6 | service under Article 8 or Article 11 for eligible persons | ||||||
7 | who: (i) are subject to subsection (c-5) of this Section; or | ||||||
8 | (ii) made the election under item (i) of subsection (d-10) of | ||||||
9 | this Section) or the first anniversary of the annuity start | ||||||
10 | date, whichever is later. Each annual increase shall be | ||||||
11 | calculated at 3% or one-half the annual unadjusted percentage | ||||||
12 | increase (but not less than zero) in the consumer price | ||||||
13 | index-u for the 12 months ending with the September preceding | ||||||
14 | each November 1, whichever is less, of the originally granted | ||||||
15 | retirement annuity. If the annual unadjusted percentage change | ||||||
16 | in the consumer price index-u for the 12 months ending with the | ||||||
17 | September preceding each November 1 is zero or there is a | ||||||
18 | decrease, then the annuity shall not be increased. | ||||||
19 | For the purposes of Section 1-103.1 of this Code, the | ||||||
20 | changes made to this Section by Public Act 102-263 are | ||||||
21 | applicable without regard to whether the employee was in | ||||||
22 | active service on or after August 6, 2021 (the effective date | ||||||
23 | of Public Act 102-263). | ||||||
24 | For the purposes of Section 1-103.1 of this Code, the | ||||||
25 | changes made to this Section by Public Act 100-23 are | ||||||
26 | applicable without regard to whether the employee was in |
| |||||||
| |||||||
1 | active service on or after July 6, 2017 (the effective date of | ||||||
2 | Public Act 100-23). | ||||||
3 | (f) The initial survivor's or widow's annuity of an | ||||||
4 | otherwise eligible survivor or widow of a retired member or | ||||||
5 | participant who first became a member or participant on or | ||||||
6 | after January 1, 2011 shall be in the amount of 66 2/3% of the | ||||||
7 | retired member's or participant's retirement annuity at the | ||||||
8 | date of death. In the case of the death of a member or | ||||||
9 | participant who has not retired and who first became a member | ||||||
10 | or participant on or after January 1, 2011, eligibility for a | ||||||
11 | survivor's or widow's annuity shall be determined by the | ||||||
12 | applicable Article of this Code. The initial benefit shall be | ||||||
13 | 66 2/3% of the earned annuity without a reduction due to age. A | ||||||
14 | child's annuity of an otherwise eligible child shall be in the | ||||||
15 | amount prescribed under each Article if applicable. Any | ||||||
16 | survivor's or widow's annuity shall be increased (1) on each | ||||||
17 | January 1 occurring on or after the commencement of the | ||||||
18 | annuity if
the deceased member died while receiving a | ||||||
19 | retirement annuity or (2) in
other cases, on each January 1 | ||||||
20 | occurring after the first anniversary
of the commencement of | ||||||
21 | the annuity. Each annual increase shall be calculated at 3% or | ||||||
22 | one-half the annual unadjusted percentage increase (but not | ||||||
23 | less than zero) in the consumer price index-u for the 12 months | ||||||
24 | ending with the September preceding each November 1, whichever | ||||||
25 | is less, of the originally granted survivor's annuity. If the | ||||||
26 | annual unadjusted percentage change in the consumer price |
| |||||||
| |||||||
1 | index-u for the 12 months ending with the September preceding | ||||||
2 | each November 1 is zero or there is a decrease, then the | ||||||
3 | annuity shall not be increased. | ||||||
4 | (g) The benefits in Section 14-110 apply only if the | ||||||
5 | person is a State policeman, a fire fighter in the fire | ||||||
6 | protection service of a department, a conservation police | ||||||
7 | officer, an investigator for the Secretary of State, an | ||||||
8 | investigator for the Office of the Attorney General, an arson | ||||||
9 | investigator, a Commerce Commission police officer, | ||||||
10 | investigator for the Department of Revenue or the
Illinois | ||||||
11 | Gaming Board, a security employee of the Department of | ||||||
12 | Corrections or the Department of Juvenile Justice, or a | ||||||
13 | security employee of the Department of Innovation and | ||||||
14 | Technology, as those terms are defined in subsection (b) and | ||||||
15 | subsection (c) of Section 14-110. A person who meets the | ||||||
16 | requirements of this Section is entitled to an annuity | ||||||
17 | calculated under the provisions of Section 14-110, in lieu of | ||||||
18 | the regular or minimum retirement annuity, only if the person | ||||||
19 | has withdrawn from service with not less than 20
years of | ||||||
20 | eligible creditable service and has attained age 60, | ||||||
21 | regardless of whether
the attainment of age 60 occurs while | ||||||
22 | the person is
still in service. | ||||||
23 | (g-1) The benefits in Section 14-110 apply if the person | ||||||
24 | is a security employee of the Department of Human Services, as | ||||||
25 | those terms are defined in subsection (b) and subsection (c) | ||||||
26 | of Section 14-110. A person who meets the requirements of this |
| |||||||
| |||||||
1 | Section is entitled to an annuity calculated under the | ||||||
2 | provisions of Section 14-110, in lieu of the regular or | ||||||
3 | minimum retirement annuity, only if the person has withdrawn | ||||||
4 | from service with not less than 20 years of eligible | ||||||
5 | creditable service and has attained age 55, regardless of | ||||||
6 | whether the attainment of age 55 occurs while the person is | ||||||
7 | still in service. | ||||||
8 | (h) If a person who first becomes a member or a participant | ||||||
9 | of a retirement system or pension fund subject to this Section | ||||||
10 | on or after January 1, 2011 is receiving a retirement annuity | ||||||
11 | or retirement pension under that system or fund and becomes a | ||||||
12 | member or participant under any other system or fund created | ||||||
13 | by this Code and is employed on a full-time basis, except for | ||||||
14 | those members or participants exempted from the provisions of | ||||||
15 | this Section under subsection (a) of this Section, then the | ||||||
16 | person's retirement annuity or retirement pension under that | ||||||
17 | system or fund shall be suspended during that employment. Upon | ||||||
18 | termination of that employment, the person's retirement | ||||||
19 | annuity or retirement pension payments shall resume and be | ||||||
20 | recalculated if recalculation is provided for under the | ||||||
21 | applicable Article of this Code. | ||||||
22 | If a person who first becomes a member of a retirement | ||||||
23 | system or pension fund subject to this Section on or after | ||||||
24 | January 1, 2012 and is receiving a retirement annuity or | ||||||
25 | retirement pension under that system or fund and accepts on a | ||||||
26 | contractual basis a position to provide services to a |
| |||||||
| |||||||
1 | governmental entity from which he or she has retired, then | ||||||
2 | that person's annuity or retirement pension earned as an | ||||||
3 | active employee of the employer shall be suspended during that | ||||||
4 | contractual service. A person receiving an annuity or | ||||||
5 | retirement pension under this Code shall notify the pension | ||||||
6 | fund or retirement system from which he or she is receiving an | ||||||
7 | annuity or retirement pension, as well as his or her | ||||||
8 | contractual employer, of his or her retirement status before | ||||||
9 | accepting contractual employment. A person who fails to submit | ||||||
10 | such notification shall be guilty of a Class A misdemeanor and | ||||||
11 | required to pay a fine of $1,000. Upon termination of that | ||||||
12 | contractual employment, the person's retirement annuity or | ||||||
13 | retirement pension payments shall resume and, if appropriate, | ||||||
14 | be recalculated under the applicable provisions of this Code. | ||||||
15 | (i) (Blank). | ||||||
16 | (j) In the case of a conflict between the provisions of | ||||||
17 | this Section and any other provision of this Code, the | ||||||
18 | provisions of this Section shall control.
| ||||||
19 | (Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21; | ||||||
20 | 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-956, eff. | ||||||
21 | 5-27-22 .)
| ||||||
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 |
| |||||||
| |||||||
1 | less than 20
years of eligible creditable service and has | ||||||
2 | attained age 55, and any
member who has withdrawn from service | ||||||
3 | with not less than 25 years of
eligible creditable service and | ||||||
4 | has attained age 50, regardless of whether
the attainment of | ||||||
5 | either of the specified ages occurs while the member is
still | ||||||
6 | in service, shall be entitled to receive at the option of the | ||||||
7 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
8 | a 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.
|
| |||||||
| |||||||
1 | Such annuity shall be subject to a maximum of 75% of final | ||||||
2 | average
compensation if retirement occurs before January 1, | ||||||
3 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
4 | retirement occurs on or after January
1, 2001.
| ||||||
5 | These rates shall not be applicable to any service | ||||||
6 | performed
by a member as a covered employee which is not | ||||||
7 | eligible creditable service.
Service as a covered employee | ||||||
8 | which is not eligible creditable service
shall be subject to | ||||||
9 | the rates and provisions of Section 14-108.
| ||||||
10 | (b) For the purpose of this Section, "eligible creditable | ||||||
11 | service" means
creditable service resulting from service in | ||||||
12 | one 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 |
| |||||||
| |||||||
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 | ||||||
16 | this subsection is
entitled to eligible creditable service for | ||||||
17 | service credit earned under this
Article while undergoing the | ||||||
18 | basic police training course approved by the
Illinois Law | ||||||
19 | Enforcement Training
Standards Board, if
completion of that | ||||||
20 | training is required of persons serving in that position.
For | ||||||
21 | the purposes of this Code, service during the required basic | ||||||
22 | police
training course shall be deemed performance of the | ||||||
23 | duties of the specified
position, even though the person is | ||||||
24 | not a sworn peace officer at the time of
the training.
| ||||||
25 | A person under paragraph (20) is entitled to eligible | ||||||
26 | creditable service for service credit earned under this |
| |||||||
| |||||||
1 | Article on and after his or her transfer by Executive Order No. | ||||||
2 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
3 | 2016-1. | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
16 | or the Department of Juvenile Justice, a security
employee of | ||||||
17 | the Department of Human Services who is not a mental health | ||||||
18 | police
officer, and a security employee of the Department of | ||||||
19 | Innovation and Technology shall not be eligible for the | ||||||
20 | alternative retirement annuity provided
by this Section unless | ||||||
21 | he or she meets the following minimum age and service
| ||||||
22 | requirements 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 |
| |||||||
| |||||||
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 | ||||||
15 | Code for service
as a security employee of the Department of | ||||||
16 | Corrections or the Department of Juvenile Justice, or the | ||||||
17 | Department
of Human Services in a position requiring | ||||||
18 | certification as a teacher may
count such service toward | ||||||
19 | establishing their eligibility under the service
requirements | ||||||
20 | of this Section; but such service may be used only for
| ||||||
21 | establishing such eligibility, and not for the purpose of | ||||||
22 | increasing or
calculating any benefit.
| ||||||
23 | (e) If a member enters military service while working in a | ||||||
24 | position in
which eligible creditable service may be earned, | ||||||
25 | and returns to State
service in the same or another such | ||||||
26 | position, and fulfills in all other
respects the conditions |
| |||||||
| |||||||
1 | prescribed in this Article for credit for military
service, | ||||||
2 | such military service shall be credited as eligible creditable
| ||||||
3 | service for the purposes of the retirement annuity prescribed | ||||||
4 | in this Section.
| ||||||
5 | (f) For purposes of calculating retirement annuities under | ||||||
6 | this
Section, periods of service rendered after December 31, | ||||||
7 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
8 | position of special agent,
conservation police officer, mental | ||||||
9 | health police officer, or investigator
for the Secretary of | ||||||
10 | State, shall be deemed to have been service as a
noncovered | ||||||
11 | employee, provided that the employee pays to the System prior | ||||||
12 | to
retirement an amount equal to (1) the difference between | ||||||
13 | the employee
contributions that would have been required for | ||||||
14 | such service as a
noncovered employee, and the amount of | ||||||
15 | employee contributions actually
paid, plus (2) if payment is | ||||||
16 | made after July 31, 1987, regular interest
on the amount | ||||||
17 | specified in item (1) from the date of service to the date
of | ||||||
18 | payment.
| ||||||
19 | For purposes of calculating retirement annuities under | ||||||
20 | this Section,
periods of service rendered after December 31, | ||||||
21 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
22 | position of investigator for the
Department of Revenue shall | ||||||
23 | be deemed to have been service as a noncovered
employee, | ||||||
24 | provided that the employee pays to the System prior to | ||||||
25 | retirement
an amount equal to (1) the difference between the | ||||||
26 | employee contributions
that would have been required for such |
| |||||||
| |||||||
1 | service as a noncovered employee,
and the amount of employee | ||||||
2 | contributions actually paid, plus (2) if payment
is made after | ||||||
3 | January 1, 1990, regular interest on the amount specified in
| ||||||
4 | item (1) from the date of service to the date of payment.
| ||||||
5 | (g) A State policeman may elect, not later than January 1, | ||||||
6 | 1990, to
establish eligible creditable service for up to 10 | ||||||
7 | years of his service as
a policeman under Article 3, by filing | ||||||
8 | a written election with the Board,
accompanied by payment of | ||||||
9 | an amount to be determined by the Board, equal to
(i) the | ||||||
10 | difference between the amount of employee and employer
| ||||||
11 | contributions transferred to the System under Section 3-110.5, | ||||||
12 | and the
amounts that would have been contributed had such | ||||||
13 | contributions been made
at the rates applicable to State | ||||||
14 | policemen, plus (ii) interest thereon at
the effective rate | ||||||
15 | for each year, compounded annually, from the date of
service | ||||||
16 | to the date of payment.
| ||||||
17 | Subject to the limitation in subsection (i), a State | ||||||
18 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
19 | eligible creditable service for
up to 10 years of his service | ||||||
20 | as a member of the County Police Department
under Article 9, by | ||||||
21 | filing a written election with the Board, accompanied
by | ||||||
22 | payment of an amount to be determined by the Board, equal to | ||||||
23 | (i) the
difference between the amount of employee and employer | ||||||
24 | contributions
transferred to the System under Section 9-121.10 | ||||||
25 | and the amounts that would
have been contributed had those | ||||||
26 | contributions been made at the rates
applicable to State |
| |||||||
| |||||||
1 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
2 | for each year, compounded annually, from the date of service | ||||||
3 | to the
date of payment.
| ||||||
4 | (h) Subject to the limitation in subsection (i), a State | ||||||
5 | policeman or
investigator for the Secretary of State may elect | ||||||
6 | to establish eligible
creditable service for up to 12 years of | ||||||
7 | his service as a policeman under
Article 5, by filing a written | ||||||
8 | election with the Board on or before January
31, 1992, and | ||||||
9 | paying to the System by January 31, 1994 an amount to be
| ||||||
10 | determined by the Board, equal to (i) the difference between | ||||||
11 | the amount of
employee and employer contributions transferred | ||||||
12 | to the System under Section
5-236, and the amounts that would | ||||||
13 | have been contributed had such
contributions been made at the | ||||||
14 | rates applicable to State policemen, plus
(ii) interest | ||||||
15 | thereon at the effective rate for each year, compounded
| ||||||
16 | annually, from the date of service to the date of payment.
| ||||||
17 | Subject to the limitation in subsection (i), a State | ||||||
18 | policeman,
conservation police officer, or investigator for | ||||||
19 | the Secretary of State may
elect to establish eligible | ||||||
20 | creditable service for up to 10 years of
service as a sheriff's | ||||||
21 | law enforcement employee under Article 7, by filing
a written | ||||||
22 | election with the Board on or before January 31, 1993, and | ||||||
23 | paying
to the System by January 31, 1994 an amount to be | ||||||
24 | determined by the Board,
equal to (i) the difference between | ||||||
25 | the amount of employee and
employer contributions transferred | ||||||
26 | to the System under Section
7-139.7, and the amounts that |
| |||||||
| |||||||
1 | would have been contributed had such
contributions been made | ||||||
2 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
3 | thereon at the effective rate for each year, compounded
| ||||||
4 | annually, from the date of service to the date of payment.
| ||||||
5 | Subject to the limitation in subsection (i), a State | ||||||
6 | policeman,
conservation police officer, or investigator for | ||||||
7 | the Secretary of State may
elect to establish eligible | ||||||
8 | creditable service for up to 5 years of
service as a police | ||||||
9 | officer under Article 3, a policeman under Article 5, a | ||||||
10 | sheriff's law enforcement employee under Article 7, a member | ||||||
11 | of the county police department under Article 9, or a police | ||||||
12 | officer under Article 15 by filing
a written election with the | ||||||
13 | Board and paying
to the System an amount to be determined by | ||||||
14 | the Board,
equal to (i) the difference between the amount of | ||||||
15 | employee and
employer contributions transferred to the System | ||||||
16 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
17 | and the amounts that would have been contributed had such
| ||||||
18 | contributions been made at the rates applicable to State | ||||||
19 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
20 | for each year, compounded
annually, from the date of service | ||||||
21 | to the date of payment. | ||||||
22 | Subject to the limitation in subsection (i), an | ||||||
23 | investigator for the Office of the Attorney General, or an | ||||||
24 | investigator for the Department of Revenue, may elect to | ||||||
25 | establish eligible creditable service for up to 5 years of | ||||||
26 | service as a police officer under Article 3, a policeman under |
| |||||||
| |||||||
1 | Article 5, a sheriff's law enforcement employee under Article | ||||||
2 | 7, or a member of the county police department under Article 9 | ||||||
3 | by filing a written election with the Board within 6 months | ||||||
4 | after August 25, 2009 (the effective date of Public Act | ||||||
5 | 96-745) and paying to the System an amount to be determined by | ||||||
6 | the Board, equal to (i) the difference between the amount of | ||||||
7 | employee and employer contributions transferred to the System | ||||||
8 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
9 | amounts that would have been contributed had such | ||||||
10 | contributions been made at the rates applicable to State | ||||||
11 | policemen, plus (ii) interest thereon at the actuarially | ||||||
12 | assumed rate for each year, compounded annually, from the date | ||||||
13 | of service to the date of payment. | ||||||
14 | Subject to the limitation in subsection (i), a State | ||||||
15 | policeman, conservation police officer, investigator for the | ||||||
16 | Office of the Attorney General, an investigator for the | ||||||
17 | Department of Revenue, or investigator for the Secretary of | ||||||
18 | State may elect to establish eligible creditable service for | ||||||
19 | up to 5 years of service as a person employed by a | ||||||
20 | participating municipality to perform police duties, or law | ||||||
21 | enforcement officer employed on a full-time basis by a forest | ||||||
22 | preserve district under Article 7, a county corrections | ||||||
23 | officer, or a court services officer under Article 9, by | ||||||
24 | filing a written election with the Board within 6 months after | ||||||
25 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
26 | paying to the System an amount to be determined by the Board, |
| |||||||
| |||||||
1 | equal to (i) the difference between the amount of employee and | ||||||
2 | employer contributions transferred to the System under | ||||||
3 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
4 | been contributed had such contributions been made at the rates | ||||||
5 | applicable to State policemen, plus (ii) interest thereon at | ||||||
6 | the actuarially assumed rate for each year, compounded | ||||||
7 | annually, from the date of service to the date of payment. | ||||||
8 | Subject to the limitation in subsection (i), a State | ||||||
9 | policeman, arson
investigator, or Commerce Commission police | ||||||
10 | officer may elect to establish eligible creditable service for | ||||||
11 | up to 5 years of service as a person employed by a | ||||||
12 | participating municipality to perform police duties under | ||||||
13 | Article 7, a county corrections officer, a court services | ||||||
14 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
15 | filing a written election with the Board within 6 months after | ||||||
16 | July 30, 2021 (the effective date of Public Act 102-210) and | ||||||
17 | paying to the System an amount to be determined by the Board | ||||||
18 | equal to (i) the difference between the amount of employee and | ||||||
19 | employer contributions transferred to the System under | ||||||
20 | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | ||||||
21 | would have been contributed had such contributions been made | ||||||
22 | at the rates applicable to State policemen, plus (ii) interest | ||||||
23 | thereon at the actuarially assumed rate for each year, | ||||||
24 | compounded annually, from the date of service to the date of | ||||||
25 | payment. | ||||||
26 | Subject to the limitation in subsection (i), a |
| |||||||
| |||||||
1 | conservation police officer may elect to establish eligible | ||||||
2 | creditable service for up to 5 years of service as a person | ||||||
3 | employed by a participating municipality to perform police | ||||||
4 | duties under Article 7, a county corrections officer, or a | ||||||
5 | court services officer under Article 9 by filing a written | ||||||
6 | election with the Board within 6 months after July 30, 2021 | ||||||
7 | (the effective date of Public Act 102-210) and paying to the | ||||||
8 | System an amount to be determined by the Board equal to (i) the | ||||||
9 | difference between the amount of employee and employer | ||||||
10 | contributions transferred to the System under Sections 7-139.8 | ||||||
11 | and 9-121.10 and the amounts that would have been contributed | ||||||
12 | had such contributions been made at the rates applicable to | ||||||
13 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
14 | assumed rate for each year, compounded annually, from the date | ||||||
15 | of service to the date of payment. | ||||||
16 | Notwithstanding the limitation in subsection (i), a State | ||||||
17 | policeman or conservation police officer may elect to convert | ||||||
18 | service credit earned under this Article to eligible | ||||||
19 | creditable service, as defined by this Section, by filing a | ||||||
20 | written election with the board within 6 months after July 30, | ||||||
21 | 2021 (the effective date of Public Act 102-210) and paying to | ||||||
22 | the System an amount to be determined by the Board equal to (i) | ||||||
23 | the difference between the amount of employee contributions | ||||||
24 | originally paid for that service and the amounts that would | ||||||
25 | have been contributed had such contributions been made at the | ||||||
26 | rates applicable to State policemen, plus (ii) the difference |
| |||||||
| |||||||
1 | between the employer's normal cost of the credit prior to the | ||||||
2 | conversion authorized by Public Act 102-210 and the employer's | ||||||
3 | normal cost of the credit converted in accordance with Public | ||||||
4 | Act 102-210, plus (iii) interest thereon at the actuarially | ||||||
5 | assumed rate for each year, compounded annually, from the date | ||||||
6 | of service to the date of payment. | ||||||
7 | (i) The total amount of eligible creditable service | ||||||
8 | established by any
person under subsections (g), (h), (j), | ||||||
9 | (k), (l), (l-5), and (o) , and (q) of this
Section shall not | ||||||
10 | exceed 12 years.
| ||||||
11 | (j) Subject to the limitation in subsection (i), an | ||||||
12 | investigator for
the Office of the State's Attorneys Appellate | ||||||
13 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
14 | establish eligible creditable service for up to 10 years of | ||||||
15 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
16 | enforcement employee under
Article 7, by filing a written | ||||||
17 | election with the Board, accompanied by
payment of an amount | ||||||
18 | to be determined by the Board, equal to (1) the
difference | ||||||
19 | between the amount of employee and employer contributions
| ||||||
20 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
21 | and the amounts
that would have been contributed had such | ||||||
22 | contributions been made at the
rates applicable to State | ||||||
23 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
24 | each year, compounded annually, from the date of service
to | ||||||
25 | the date of payment.
| ||||||
26 | (k) Subject to the limitation in subsection (i) of this |
| |||||||
| |||||||
1 | Section, an
alternative formula employee may elect to | ||||||
2 | establish eligible creditable
service for periods spent as a | ||||||
3 | full-time law enforcement officer or full-time
corrections | ||||||
4 | officer employed by the federal government or by a state or | ||||||
5 | local
government located outside of Illinois, for which credit | ||||||
6 | is not held in any
other public employee pension fund or | ||||||
7 | retirement system. To obtain this
credit, the applicant must | ||||||
8 | file a written application with the Board by March
31, 1998, | ||||||
9 | accompanied by evidence of eligibility acceptable to the Board | ||||||
10 | and
payment of an amount to be determined by the Board, equal | ||||||
11 | to (1) employee
contributions for the credit being | ||||||
12 | established, based upon the applicant's
salary on the first | ||||||
13 | day as an alternative formula employee after the employment
| ||||||
14 | for which credit is being established and the rates then | ||||||
15 | applicable to
alternative formula employees, plus (2) an | ||||||
16 | amount determined by the Board
to be the employer's normal | ||||||
17 | cost of the benefits accrued for the credit being
established, | ||||||
18 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
19 | from
the first day as an alternative formula employee after | ||||||
20 | the employment for which
credit is being established to the | ||||||
21 | date of payment.
| ||||||
22 | (l) Subject to the limitation in subsection (i), a | ||||||
23 | security employee of
the Department of Corrections may elect, | ||||||
24 | not later than July 1, 1998, to
establish eligible creditable | ||||||
25 | service for up to 10 years of his or her service
as a policeman | ||||||
26 | under Article 3, by filing a written election with the Board,
|
| |||||||
| |||||||
1 | accompanied by payment of an amount to be determined by the | ||||||
2 | Board, equal to
(i) the difference between the amount of | ||||||
3 | employee and employer contributions
transferred to the System | ||||||
4 | under Section 3-110.5, and the amounts that would
have been | ||||||
5 | contributed had such contributions been made at the rates | ||||||
6 | applicable
to security employees of the Department of | ||||||
7 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
8 | for each year, compounded annually, from the date
of service | ||||||
9 | to the date of payment.
| ||||||
10 | (l-5) Subject to the limitation in subsection (i) of this | ||||||
11 | Section, a State policeman may elect to establish eligible | ||||||
12 | creditable service for up to 5 years of service as a full-time | ||||||
13 | law enforcement officer employed by the federal government or | ||||||
14 | by a state or local government located outside of Illinois for | ||||||
15 | which credit is not held in any other public employee pension | ||||||
16 | fund or retirement system. To obtain this credit, the | ||||||
17 | applicant must file a written application with the Board no | ||||||
18 | later than 3 years after January 1, 2020 (the effective date of | ||||||
19 | Public Act 101-610), accompanied by evidence of eligibility | ||||||
20 | acceptable to the Board and payment of an amount to be | ||||||
21 | determined by the Board, equal to (1) employee contributions | ||||||
22 | for the credit being established, based upon the applicant's | ||||||
23 | salary on the first day as an alternative formula employee | ||||||
24 | after the employment for which credit is being established and | ||||||
25 | the rates then applicable to alternative formula employees, | ||||||
26 | plus (2) an amount determined by the Board to be the employer's |
| |||||||
| |||||||
1 | normal cost of the benefits accrued for the credit being | ||||||
2 | established, plus (3) regular interest on the amounts in items | ||||||
3 | (1) and (2) from the first day as an alternative formula | ||||||
4 | employee after the employment for which credit is being | ||||||
5 | established to the date of payment. | ||||||
6 | (m) The amendatory changes to this Section made by Public | ||||||
7 | Act 94-696 apply only to: (1) security employees of the | ||||||
8 | Department of Juvenile Justice employed by the Department of | ||||||
9 | Corrections before June 1, 2006 (the effective date of Public | ||||||
10 | Act 94-696) and transferred to the Department of Juvenile | ||||||
11 | Justice by Public Act 94-696; and (2) persons employed by the | ||||||
12 | Department of Juvenile Justice on or after June 1, 2006 (the | ||||||
13 | effective date of Public Act 94-696) who are required by | ||||||
14 | subsection (b) of Section 3-2.5-15 of the Unified Code of | ||||||
15 | Corrections to have any bachelor's or advanced degree from an | ||||||
16 | accredited college or university or, in the case of persons | ||||||
17 | who provide vocational training, who are required to have | ||||||
18 | adequate knowledge in the skill for which they are providing | ||||||
19 | the vocational training.
| ||||||
20 | (n) A person employed in a position under subsection (b) | ||||||
21 | of this Section who has purchased service credit under | ||||||
22 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
23 | 14-105 in any other capacity under this Article may convert up | ||||||
24 | to 5 years of that service credit into service credit covered | ||||||
25 | under this Section by paying to the Fund an amount equal to (1) | ||||||
26 | the additional employee contribution required under Section |
| |||||||
| |||||||
1 | 14-133, plus (2) the additional employer contribution required | ||||||
2 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
3 | the actuarially assumed rate from the date of the service to | ||||||
4 | the date of payment. | ||||||
5 | (o) Subject to the limitation in subsection (i), a | ||||||
6 | conservation police officer, investigator for the Secretary of | ||||||
7 | State, Commerce Commission police officer, investigator for | ||||||
8 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
9 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
10 | may elect to convert up to 8 years of service credit | ||||||
11 | established before January 1, 2020 (the effective date of | ||||||
12 | Public Act 101-610) as a conservation police officer, | ||||||
13 | investigator for the Secretary of State, Commerce Commission | ||||||
14 | police officer, investigator for the Department of Revenue or | ||||||
15 | the
Illinois Gaming Board, or arson investigator under this | ||||||
16 | Article into eligible creditable service by filing a written | ||||||
17 | election with the Board no later than one year after January 1, | ||||||
18 | 2020 (the effective date of Public Act 101-610), accompanied | ||||||
19 | by payment of an amount to be determined by the Board equal to | ||||||
20 | (i) the difference between the amount of the employee | ||||||
21 | contributions actually paid for that service and the amount of | ||||||
22 | the employee contributions that would have been paid had the | ||||||
23 | employee contributions been made as a noncovered employee | ||||||
24 | serving in a position in which eligible creditable service, as | ||||||
25 | defined in this Section, may be earned, plus (ii) interest | ||||||
26 | thereon at the effective rate for each year, compounded |
| |||||||
| |||||||
1 | annually, from the date of service to the date of payment. | ||||||
2 | (q) Subject to the limitation in subsection (i), a | ||||||
3 | security employee of the Department of Human Services who is | ||||||
4 | subject to subsection (g-1) of Section 1-160 may elect to | ||||||
5 | convert up to 9 years of service credit established before the | ||||||
6 | effective date of this amendatory Act of the 103rd General | ||||||
7 | Assembly as a security employee of the Department of Human | ||||||
8 | Services to eligible creditable service by filing a written | ||||||
9 | election with the Board no later than one year after the | ||||||
10 | effective date of this amendatory Act of the 103rd General | ||||||
11 | Assembly, accompanied by payment of an amount, to be | ||||||
12 | determined by the Board, equal to (i) the difference between | ||||||
13 | the amount of the employee contributions actually paid for | ||||||
14 | that service and the amount of the employee contributions that | ||||||
15 | would have been paid had the employee contributions been made | ||||||
16 | as a covered employee serving in a position in which eligible | ||||||
17 | creditable service, as defined in this Section, may be earned, | ||||||
18 | plus (ii) interest thereon at the effective rate for each | ||||||
19 | year, compounded annually, from the date of service to the | ||||||
20 | date of payment. | ||||||
21 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | ||||||
22 | 102-538, 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 |
| |||||||
| |||||||
1 | less than 20
years of eligible creditable service and has | ||||||
2 | attained age 55, and any
member who has withdrawn from service | ||||||
3 | with not less than 25 years of
eligible creditable service and | ||||||
4 | has attained age 50, regardless of whether
the attainment of | ||||||
5 | either of the specified ages occurs while the member is
still | ||||||
6 | in service, shall be entitled to receive at the option of the | ||||||
7 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
8 | a 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.
|
| |||||||
| |||||||
1 | Such annuity shall be subject to a maximum of 75% of final | ||||||
2 | average
compensation if retirement occurs before January 1, | ||||||
3 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
4 | retirement occurs on or after January
1, 2001.
| ||||||
5 | These rates shall not be applicable to any service | ||||||
6 | performed
by a member as a covered employee which is not | ||||||
7 | eligible creditable service.
Service as a covered employee | ||||||
8 | which is not eligible creditable service
shall be subject to | ||||||
9 | the rates and provisions of Section 14-108.
| ||||||
10 | (b) For the purpose of this Section, "eligible creditable | ||||||
11 | service" means
creditable service resulting from service in | ||||||
12 | one 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 |
| |||||||
| |||||||
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 | ||||||
16 | this subsection is
entitled to eligible creditable service for | ||||||
17 | service credit earned under this
Article while undergoing the | ||||||
18 | basic police training course approved by the
Illinois Law | ||||||
19 | Enforcement Training
Standards Board, if
completion of that | ||||||
20 | training is required of persons serving in that position.
For | ||||||
21 | the purposes of this Code, service during the required basic | ||||||
22 | police
training course shall be deemed performance of the | ||||||
23 | duties of the specified
position, even though the person is | ||||||
24 | not a sworn peace officer at the time of
the training.
| ||||||
25 | A person under paragraph (20) is entitled to eligible | ||||||
26 | creditable service for service credit earned under this |
| |||||||
| |||||||
1 | Article on and after his or her transfer by Executive Order No. | ||||||
2 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
3 | 2016-1. | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
16 | or the Department of Juvenile Justice, a security
employee of | ||||||
17 | the Department of Human Services who is not a mental health | ||||||
18 | police
officer, and a security employee of the Department of | ||||||
19 | Innovation and Technology shall not be eligible for the | ||||||
20 | alternative retirement annuity provided
by this Section unless | ||||||
21 | he or she meets the following minimum age and service
| ||||||
22 | requirements 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 |
| |||||||
| |||||||
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 | ||||||
15 | Code for service
as a security employee of the Department of | ||||||
16 | Corrections or the Department of Juvenile Justice, or the | ||||||
17 | Department
of Human Services in a position requiring | ||||||
18 | certification as a teacher may
count such service toward | ||||||
19 | establishing their eligibility under the service
requirements | ||||||
20 | of this Section; but such service may be used only for
| ||||||
21 | establishing such eligibility, and not for the purpose of | ||||||
22 | increasing or
calculating any benefit.
| ||||||
23 | (e) If a member enters military service while working in a | ||||||
24 | position in
which eligible creditable service may be earned, | ||||||
25 | and returns to State
service in the same or another such | ||||||
26 | position, and fulfills in all other
respects the conditions |
| |||||||
| |||||||
1 | prescribed in this Article for credit for military
service, | ||||||
2 | such military service shall be credited as eligible creditable
| ||||||
3 | service for the purposes of the retirement annuity prescribed | ||||||
4 | in this Section.
| ||||||
5 | (f) For purposes of calculating retirement annuities under | ||||||
6 | this
Section, periods of service rendered after December 31, | ||||||
7 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
8 | position of special agent,
conservation police officer, mental | ||||||
9 | health police officer, or investigator
for the Secretary of | ||||||
10 | State, shall be deemed to have been service as a
noncovered | ||||||
11 | employee, provided that the employee pays to the System prior | ||||||
12 | to
retirement an amount equal to (1) the difference between | ||||||
13 | the employee
contributions that would have been required for | ||||||
14 | such service as a
noncovered employee, and the amount of | ||||||
15 | employee contributions actually
paid, plus (2) if payment is | ||||||
16 | made after July 31, 1987, regular interest
on the amount | ||||||
17 | specified in item (1) from the date of service to the date
of | ||||||
18 | payment.
| ||||||
19 | For purposes of calculating retirement annuities under | ||||||
20 | this Section,
periods of service rendered after December 31, | ||||||
21 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
22 | position of investigator for the
Department of Revenue shall | ||||||
23 | be deemed to have been service as a noncovered
employee, | ||||||
24 | provided that the employee pays to the System prior to | ||||||
25 | retirement
an amount equal to (1) the difference between the | ||||||
26 | employee contributions
that would have been required for such |
| |||||||
| |||||||
1 | service as a noncovered employee,
and the amount of employee | ||||||
2 | contributions actually paid, plus (2) if payment
is made after | ||||||
3 | January 1, 1990, regular interest on the amount specified in
| ||||||
4 | item (1) from the date of service to the date of payment.
| ||||||
5 | (g) A State policeman may elect, not later than January 1, | ||||||
6 | 1990, to
establish eligible creditable service for up to 10 | ||||||
7 | years of his service as
a policeman under Article 3, by filing | ||||||
8 | a written election with the Board,
accompanied by payment of | ||||||
9 | an amount to be determined by the Board, equal to
(i) the | ||||||
10 | difference between the amount of employee and employer
| ||||||
11 | contributions transferred to the System under Section 3-110.5, | ||||||
12 | and the
amounts that would have been contributed had such | ||||||
13 | contributions been made
at the rates applicable to State | ||||||
14 | policemen, plus (ii) interest thereon at
the effective rate | ||||||
15 | for each year, compounded annually, from the date of
service | ||||||
16 | to the date of payment.
| ||||||
17 | Subject to the limitation in subsection (i), a State | ||||||
18 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
19 | eligible creditable service for
up to 10 years of his service | ||||||
20 | as a member of the County Police Department
under Article 9, by | ||||||
21 | filing a written election with the Board, accompanied
by | ||||||
22 | payment of an amount to be determined by the Board, equal to | ||||||
23 | (i) the
difference between the amount of employee and employer | ||||||
24 | contributions
transferred to the System under Section 9-121.10 | ||||||
25 | and the amounts that would
have been contributed had those | ||||||
26 | contributions been made at the rates
applicable to State |
| |||||||
| |||||||
1 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
2 | for each year, compounded annually, from the date of service | ||||||
3 | to the
date of payment.
| ||||||
4 | (h) Subject to the limitation in subsection (i), a State | ||||||
5 | policeman or
investigator for the Secretary of State may elect | ||||||
6 | to establish eligible
creditable service for up to 12 years of | ||||||
7 | his service as a policeman under
Article 5, by filing a written | ||||||
8 | election with the Board on or before January
31, 1992, and | ||||||
9 | paying to the System by January 31, 1994 an amount to be
| ||||||
10 | determined by the Board, equal to (i) the difference between | ||||||
11 | the amount of
employee and employer contributions transferred | ||||||
12 | to the System under Section
5-236, and the amounts that would | ||||||
13 | have been contributed had such
contributions been made at the | ||||||
14 | rates applicable to State policemen, plus
(ii) interest | ||||||
15 | thereon at the effective rate for each year, compounded
| ||||||
16 | annually, from the date of service to the date of payment.
| ||||||
17 | Subject to the limitation in subsection (i), a State | ||||||
18 | policeman,
conservation police officer, or investigator for | ||||||
19 | the Secretary of State may
elect to establish eligible | ||||||
20 | creditable service for up to 10 years of
service as a sheriff's | ||||||
21 | law enforcement employee under Article 7, by filing
a written | ||||||
22 | election with the Board on or before January 31, 1993, and | ||||||
23 | paying
to the System by January 31, 1994 an amount to be | ||||||
24 | determined by the Board,
equal to (i) the difference between | ||||||
25 | the amount of employee and
employer contributions transferred | ||||||
26 | to the System under Section
7-139.7, and the amounts that |
| |||||||
| |||||||
1 | would have been contributed had such
contributions been made | ||||||
2 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
3 | thereon at the effective rate for each year, compounded
| ||||||
4 | annually, from the date of service to the date of payment.
| ||||||
5 | Subject to the limitation in subsection (i), a State | ||||||
6 | policeman,
conservation police officer, or investigator for | ||||||
7 | the Secretary of State may
elect to establish eligible | ||||||
8 | creditable service for up to 5 years of
service as a police | ||||||
9 | officer under Article 3, a policeman under Article 5, a | ||||||
10 | sheriff's law enforcement employee under Article 7, a member | ||||||
11 | of the county police department under Article 9, or a police | ||||||
12 | officer under Article 15 by filing
a written election with the | ||||||
13 | Board and paying
to the System an amount to be determined by | ||||||
14 | the Board,
equal to (i) the difference between the amount of | ||||||
15 | employee and
employer contributions transferred to the System | ||||||
16 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
17 | and the amounts that would have been contributed had such
| ||||||
18 | contributions been made at the rates applicable to State | ||||||
19 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
20 | for each year, compounded
annually, from the date of service | ||||||
21 | to the date of payment. | ||||||
22 | Subject to the limitation in subsection (i), an | ||||||
23 | investigator for the Office of the Attorney General, or an | ||||||
24 | investigator for the Department of Revenue, may elect to | ||||||
25 | establish eligible creditable service for up to 5 years of | ||||||
26 | service as a police officer under Article 3, a policeman under |
| |||||||
| |||||||
1 | Article 5, a sheriff's law enforcement employee under Article | ||||||
2 | 7, or a member of the county police department under Article 9 | ||||||
3 | by filing a written election with the Board within 6 months | ||||||
4 | after August 25, 2009 (the effective date of Public Act | ||||||
5 | 96-745) and paying to the System an amount to be determined by | ||||||
6 | the Board, equal to (i) the difference between the amount of | ||||||
7 | employee and employer contributions transferred to the System | ||||||
8 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
9 | amounts that would have been contributed had such | ||||||
10 | contributions been made at the rates applicable to State | ||||||
11 | policemen, plus (ii) interest thereon at the actuarially | ||||||
12 | assumed rate for each year, compounded annually, from the date | ||||||
13 | of service to the date of payment. | ||||||
14 | Subject to the limitation in subsection (i), a State | ||||||
15 | policeman, conservation police officer, investigator for the | ||||||
16 | Office of the Attorney General, an investigator for the | ||||||
17 | Department of Revenue, or investigator for the Secretary of | ||||||
18 | State may elect to establish eligible creditable service for | ||||||
19 | up to 5 years of service as a person employed by a | ||||||
20 | participating municipality to perform police duties, or law | ||||||
21 | enforcement officer employed on a full-time basis by a forest | ||||||
22 | preserve district under Article 7, a county corrections | ||||||
23 | officer, or a court services officer under Article 9, by | ||||||
24 | filing a written election with the Board within 6 months after | ||||||
25 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
26 | paying to the System an amount to be determined by the Board, |
| |||||||
| |||||||
1 | equal to (i) the difference between the amount of employee and | ||||||
2 | employer contributions transferred to the System under | ||||||
3 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
4 | been contributed had such contributions been made at the rates | ||||||
5 | applicable to State policemen, plus (ii) interest thereon at | ||||||
6 | the actuarially assumed rate for each year, compounded | ||||||
7 | annually, from the date of service to the date of payment. | ||||||
8 | Subject to the limitation in subsection (i), a State | ||||||
9 | policeman, arson
investigator, or Commerce Commission police | ||||||
10 | officer may elect to establish eligible creditable service for | ||||||
11 | up to 5 years of service as a person employed by a | ||||||
12 | participating municipality to perform police duties under | ||||||
13 | Article 7, a county corrections officer, a court services | ||||||
14 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
15 | filing a written election with the Board within 6 months after | ||||||
16 | July 30, 2021 (the effective date of Public Act 102-210) and | ||||||
17 | paying to the System an amount to be determined by the Board | ||||||
18 | equal to (i) the difference between the amount of employee and | ||||||
19 | employer contributions transferred to the System under | ||||||
20 | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | ||||||
21 | would have been contributed had such contributions been made | ||||||
22 | at the rates applicable to State policemen, plus (ii) interest | ||||||
23 | thereon at the actuarially assumed rate for each year, | ||||||
24 | compounded annually, from the date of service to the date of | ||||||
25 | payment. | ||||||
26 | Subject to the limitation in subsection (i), a |
| |||||||
| |||||||
1 | conservation police officer may elect to establish eligible | ||||||
2 | creditable service for up to 5 years of service as a person | ||||||
3 | employed by a participating municipality to perform police | ||||||
4 | duties under Article 7, a county corrections officer, or a | ||||||
5 | court services officer under Article 9 by filing a written | ||||||
6 | election with the Board within 6 months after July 30, 2021 | ||||||
7 | (the effective date of Public Act 102-210) and paying to the | ||||||
8 | System an amount to be determined by the Board equal to (i) the | ||||||
9 | difference between the amount of employee and employer | ||||||
10 | contributions transferred to the System under Sections 7-139.8 | ||||||
11 | and 9-121.10 and the amounts that would have been contributed | ||||||
12 | had such contributions been made at the rates applicable to | ||||||
13 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
14 | assumed rate for each year, compounded annually, from the date | ||||||
15 | of service to the date of payment. | ||||||
16 | Subject to the limitation in subsection (i), an | ||||||
17 | investigator for the Department of Revenue, investigator for | ||||||
18 | the Illinois Gaming Board, investigator for the Secretary of | ||||||
19 | State, or arson investigator may elect to establish eligible | ||||||
20 | creditable service for up to 5 years of service as a person | ||||||
21 | employed by a participating municipality to perform police | ||||||
22 | duties under Article 7, a county corrections officer, a court | ||||||
23 | services officer under Article 9, or a firefighter under | ||||||
24 | Article 4 by filing a written election with the Board within 6 | ||||||
25 | months after the effective date of this amendatory Act of the | ||||||
26 | 102nd General Assembly and paying to the System an amount to be |
| |||||||
| |||||||
1 | determined by the Board equal to (i) the difference between | ||||||
2 | the amount of employee and employer contributions transferred | ||||||
3 | to the System under Sections 4-108.8, 7-139.8, and 9-121.10 | ||||||
4 | and the amounts that would have been contributed had such | ||||||
5 | contributions been made at the rates applicable to State | ||||||
6 | policemen, plus (ii) interest thereon at the actuarially | ||||||
7 | assumed rate for each year, compounded annually, from the date | ||||||
8 | of service to the date of payment. | ||||||
9 | Notwithstanding the limitation in subsection (i), a State | ||||||
10 | policeman or conservation police officer may elect to convert | ||||||
11 | service credit earned under this Article to eligible | ||||||
12 | creditable service, as defined by this Section, by filing a | ||||||
13 | written election with the board within 6 months after July 30, | ||||||
14 | 2021 (the effective date of Public Act 102-210) and paying to | ||||||
15 | the System an amount to be determined by the Board equal to (i) | ||||||
16 | the difference between the amount of employee contributions | ||||||
17 | originally paid for that service and the amounts that would | ||||||
18 | have been contributed had such contributions been made at the | ||||||
19 | rates applicable to State policemen, plus (ii) the difference | ||||||
20 | between the employer's normal cost of the credit prior to the | ||||||
21 | conversion authorized by Public Act 102-210 and the employer's | ||||||
22 | normal cost of the credit converted in accordance with Public | ||||||
23 | Act 102-210, plus (iii) interest thereon at the actuarially | ||||||
24 | assumed rate for each year, compounded annually, from the date | ||||||
25 | of service to the date of payment. | ||||||
26 | Notwithstanding the limitation in subsection (i), an |
| |||||||
| |||||||
1 | investigator for the Department of Revenue, investigator for | ||||||
2 | the Illinois Gaming Board, investigator for the Secretary of | ||||||
3 | State, or arson investigator may elect to convert service | ||||||
4 | credit earned under this Article to eligible creditable | ||||||
5 | service, as defined by this Section, by filing a written | ||||||
6 | election with the Board within 6 months after the effective | ||||||
7 | date of this amendatory Act of the 102nd General Assembly and | ||||||
8 | paying to the System an amount to be determined by the Board | ||||||
9 | equal to (i) the difference between the amount of employee | ||||||
10 | contributions originally paid for that service and the amounts | ||||||
11 | that would have been contributed had such contributions been | ||||||
12 | made at the rates applicable to investigators for the | ||||||
13 | Department of Revenue, investigators for the Illinois Gaming | ||||||
14 | Board, investigators for the Secretary of State, or arson | ||||||
15 | investigators, plus (ii) the difference between the employer's | ||||||
16 | normal cost of the credit prior to the conversion authorized | ||||||
17 | by this amendatory Act of the 102nd General Assembly and the | ||||||
18 | employer's normal cost of the credit converted in accordance | ||||||
19 | with this amendatory Act of the 102nd General Assembly, plus | ||||||
20 | (iii) interest thereon at the actuarially assumed rate for | ||||||
21 | each year, compounded annually, from the date of service to | ||||||
22 | the date of payment. | ||||||
23 | (i) The total amount of eligible creditable service | ||||||
24 | established by any
person under subsections (g), (h), (j), | ||||||
25 | (k), (l), (l-5), and (o) , and (q) of this
Section shall not | ||||||
26 | exceed 12 years.
|
| |||||||
| |||||||
1 | (j) Subject to the limitation in subsection (i), an | ||||||
2 | investigator for
the Office of the State's Attorneys Appellate | ||||||
3 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
4 | establish eligible creditable service for up to 10 years of | ||||||
5 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
6 | enforcement employee under
Article 7, by filing a written | ||||||
7 | election with the Board, accompanied by
payment of an amount | ||||||
8 | to be determined by the Board, equal to (1) the
difference | ||||||
9 | between the amount of employee and employer contributions
| ||||||
10 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
11 | and the amounts
that would have been contributed had such | ||||||
12 | contributions been made at the
rates applicable to State | ||||||
13 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
14 | each year, compounded annually, from the date of service
to | ||||||
15 | the date of payment.
| ||||||
16 | (k) Subject to the limitation in subsection (i) of this | ||||||
17 | Section, an
alternative formula employee may elect to | ||||||
18 | establish eligible creditable
service for periods spent as a | ||||||
19 | full-time law enforcement officer or full-time
corrections | ||||||
20 | officer employed by the federal government or by a state or | ||||||
21 | local
government located outside of Illinois, for which credit | ||||||
22 | is not held in any
other public employee pension fund or | ||||||
23 | retirement system. To obtain this
credit, the applicant must | ||||||
24 | file a written application with the Board by March
31, 1998, | ||||||
25 | accompanied by evidence of eligibility acceptable to the Board | ||||||
26 | and
payment of an amount to be determined by the Board, equal |
| |||||||
| |||||||
1 | to (1) employee
contributions for the credit being | ||||||
2 | established, based upon the applicant's
salary on the first | ||||||
3 | day as an alternative formula employee after the employment
| ||||||
4 | for which credit is being established and the rates then | ||||||
5 | applicable to
alternative formula employees, plus (2) an | ||||||
6 | amount determined by the Board
to be the employer's normal | ||||||
7 | cost of the benefits accrued for the credit being
established, | ||||||
8 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
9 | from
the first day as an alternative formula employee after | ||||||
10 | the employment for which
credit is being established to the | ||||||
11 | date of payment.
| ||||||
12 | (l) Subject to the limitation in subsection (i), a | ||||||
13 | security employee of
the Department of Corrections may elect, | ||||||
14 | not later than July 1, 1998, to
establish eligible creditable | ||||||
15 | service for up to 10 years of his or her service
as a policeman | ||||||
16 | under Article 3, by filing a written election with the Board,
| ||||||
17 | accompanied by payment of an amount to be determined by the | ||||||
18 | Board, equal to
(i) the difference between the amount of | ||||||
19 | employee and employer contributions
transferred to the System | ||||||
20 | under Section 3-110.5, and the amounts that would
have been | ||||||
21 | contributed had such contributions been made at the rates | ||||||
22 | applicable
to security employees of the Department of | ||||||
23 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
24 | for each year, compounded annually, from the date
of service | ||||||
25 | to the date of payment.
| ||||||
26 | (l-5) Subject to the limitation in subsection (i) of this |
| |||||||
| |||||||
1 | Section, a State policeman may elect to establish eligible | ||||||
2 | creditable service for up to 5 years of service as a full-time | ||||||
3 | law enforcement officer employed by the federal government or | ||||||
4 | by a state or local government located outside of Illinois for | ||||||
5 | which credit is not held in any other public employee pension | ||||||
6 | fund or retirement system. To obtain this credit, the | ||||||
7 | applicant must file a written application with the Board no | ||||||
8 | later than 3 years after January 1, 2020 (the effective date of | ||||||
9 | Public Act 101-610), accompanied by evidence of eligibility | ||||||
10 | acceptable to the Board and payment of an amount to be | ||||||
11 | determined by the Board, equal to (1) employee contributions | ||||||
12 | for the credit being established, based upon the applicant's | ||||||
13 | salary on the first day as an alternative formula employee | ||||||
14 | after the employment for which credit is being established and | ||||||
15 | the rates then applicable to alternative formula employees, | ||||||
16 | plus (2) an amount determined by the Board to be the employer's | ||||||
17 | normal cost of the benefits accrued for the credit being | ||||||
18 | established, plus (3) regular interest on the amounts in items | ||||||
19 | (1) and (2) from the first day as an alternative formula | ||||||
20 | employee after the employment for which credit is being | ||||||
21 | established to the date of payment. | ||||||
22 | (m) The amendatory changes to this Section made by Public | ||||||
23 | Act 94-696 apply only to: (1) security employees of the | ||||||
24 | Department of Juvenile Justice employed by the Department of | ||||||
25 | Corrections before June 1, 2006 (the effective date of Public | ||||||
26 | Act 94-696) and transferred to the Department of Juvenile |
| |||||||
| |||||||
1 | Justice by Public Act 94-696; and (2) persons employed by the | ||||||
2 | Department of Juvenile Justice on or after June 1, 2006 (the | ||||||
3 | effective date of Public Act 94-696) who are required by | ||||||
4 | subsection (b) of Section 3-2.5-15 of the Unified Code of | ||||||
5 | Corrections to have any bachelor's or advanced degree from an | ||||||
6 | accredited college or university or, in the case of persons | ||||||
7 | who provide vocational training, who are required to have | ||||||
8 | adequate knowledge in the skill for which they are providing | ||||||
9 | the vocational training.
| ||||||
10 | (n) A person employed in a position under subsection (b) | ||||||
11 | of this Section who has purchased service credit under | ||||||
12 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
13 | 14-105 in any other capacity under this Article may convert up | ||||||
14 | to 5 years of that service credit into service credit covered | ||||||
15 | under this Section by paying to the Fund an amount equal to (1) | ||||||
16 | the additional employee contribution required under Section | ||||||
17 | 14-133, plus (2) the additional employer contribution required | ||||||
18 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
19 | the actuarially assumed rate from the date of the service to | ||||||
20 | the date of payment. | ||||||
21 | (o) Subject to the limitation in subsection (i), a | ||||||
22 | conservation police officer, investigator for the Secretary of | ||||||
23 | State, Commerce Commission police officer, investigator for | ||||||
24 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
25 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
26 | may elect to convert up to 8 years of service credit |
| |||||||
| |||||||
1 | established before January 1, 2020 (the effective date of | ||||||
2 | Public Act 101-610) as a conservation police officer, | ||||||
3 | investigator for the Secretary of State, Commerce Commission | ||||||
4 | police officer, investigator for the Department of Revenue or | ||||||
5 | the
Illinois Gaming Board, or arson investigator under this | ||||||
6 | Article into eligible creditable service by filing a written | ||||||
7 | election with the Board no later than one year after January 1, | ||||||
8 | 2020 (the effective date of Public Act 101-610), accompanied | ||||||
9 | by payment of an amount to be determined by the Board equal to | ||||||
10 | (i) the difference between the amount of the employee | ||||||
11 | contributions actually paid for that service and the amount of | ||||||
12 | the employee contributions that would have been paid had the | ||||||
13 | employee contributions been made as a noncovered employee | ||||||
14 | serving in a position in which eligible creditable service, as | ||||||
15 | defined in this Section, may be earned, plus (ii) interest | ||||||
16 | thereon at the effective rate for each year, compounded | ||||||
17 | annually, from the date of service to the date of payment. | ||||||
18 | (q) Subject to the limitation in subsection (i), a | ||||||
19 | security employee of the Department of Human Services who is | ||||||
20 | subject to subsection (g-1) of Section 1-160 may elect to | ||||||
21 | convert up to 9 years of service credit established before the | ||||||
22 | effective date of this amendatory Act of the 103rd General | ||||||
23 | Assembly as a security employee of the Department of Human | ||||||
24 | Services to eligible creditable service by filing a written | ||||||
25 | election with the Board no later than one year after the | ||||||
26 | effective date of this amendatory Act of the 103rd General |
| |||||||
| |||||||
1 | Assembly, accompanied by payment of an amount, to be | ||||||
2 | determined by the Board, equal to (i) the difference between | ||||||
3 | the amount of the employee contributions actually paid for | ||||||
4 | that service and the amount of the employee contributions that | ||||||
5 | would have been paid had the employee contributions been made | ||||||
6 | as a covered employee serving in a position in which eligible | ||||||
7 | creditable service, as defined in this Section, may be earned, | ||||||
8 | plus (ii) interest thereon at the effective rate for each | ||||||
9 | year, compounded annually, from the date of service to the | ||||||
10 | date of payment. | ||||||
11 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | ||||||
12 | 102-538, 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 | ||||||
16 | less than 20
years of eligible creditable service and has | ||||||
17 | attained age 55, and any
member who has withdrawn from service | ||||||
18 | with not less than 25 years of
eligible creditable service and | ||||||
19 | has attained age 50, regardless of whether
the attainment of | ||||||
20 | either of the specified ages occurs while the member is
still | ||||||
21 | in service, shall be entitled to receive at the option of the | ||||||
22 | member,
in lieu of the regular or minimum retirement annuity, | ||||||
23 | a 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 |
| |||||||
| |||||||
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 | ||||||
18 | average
compensation if retirement occurs before January 1, | ||||||
19 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
20 | retirement occurs on or after January
1, 2001.
| ||||||
21 | These rates shall not be applicable to any service | ||||||
22 | performed
by a member as a covered employee which is not | ||||||
23 | eligible creditable service.
Service as a covered employee | ||||||
24 | which is not eligible creditable service
shall be subject to | ||||||
25 | the rates and provisions of Section 14-108.
| ||||||
26 | (b) For the purpose of this Section, "eligible creditable |
| |||||||
| |||||||
1 | service" means
creditable service resulting from service in | ||||||
2 | one 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;
|
| |||||||
| |||||||
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 | ||||||
6 | this subsection is
entitled to eligible creditable service for | ||||||
7 | service credit earned under this
Article while undergoing the | ||||||
8 | basic police training course approved by the
Illinois Law | ||||||
9 | Enforcement Training
Standards Board, if
completion of that | ||||||
10 | training is required of persons serving in that position.
For | ||||||
11 | the purposes of this Code, service during the required basic | ||||||
12 | police
training course shall be deemed performance of the | ||||||
13 | duties of the specified
position, even though the person is | ||||||
14 | not a sworn peace officer at the time of
the training.
| ||||||
15 | A person under paragraph (20) is entitled to eligible | ||||||
16 | creditable service for service credit earned under this | ||||||
17 | Article on and after his or her transfer by Executive Order No. | ||||||
18 | 2003-10, Executive Order No. 2004-2, or Executive Order No. | ||||||
19 | 2016-1. | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
6 | or the Department of Juvenile Justice, a security
employee of | ||||||
7 | the Department of Human Services who is not a mental health | ||||||
8 | police
officer, and a security employee of the Department of | ||||||
9 | Innovation and Technology shall not be eligible for the | ||||||
10 | alternative retirement annuity provided
by this Section unless | ||||||
11 | he or she meets the following minimum age and service
| ||||||
12 | requirements 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
|
| |||||||
| |||||||
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 | ||||||
5 | Code for service
as a security employee of the Department of | ||||||
6 | Corrections or the Department of Juvenile Justice, or the | ||||||
7 | Department
of Human Services in a position requiring | ||||||
8 | certification as a teacher may
count such service toward | ||||||
9 | establishing their eligibility under the service
requirements | ||||||
10 | of this Section; but such service may be used only for
| ||||||
11 | establishing such eligibility, and not for the purpose of | ||||||
12 | increasing or
calculating any benefit.
| ||||||
13 | (e) If a member enters military service while working in a | ||||||
14 | position in
which eligible creditable service may be earned, | ||||||
15 | and returns to State
service in the same or another such | ||||||
16 | position, and fulfills in all other
respects the conditions | ||||||
17 | prescribed in this Article for credit for military
service, | ||||||
18 | such military service shall be credited as eligible creditable
| ||||||
19 | service for the purposes of the retirement annuity prescribed | ||||||
20 | in this Section.
| ||||||
21 | (f) For purposes of calculating retirement annuities under | ||||||
22 | this
Section, periods of service rendered after December 31, | ||||||
23 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
24 | position of special agent,
conservation police officer, mental | ||||||
25 | health police officer, or investigator
for the Secretary of | ||||||
26 | State, shall be deemed to have been service as a
noncovered |
| |||||||
| |||||||
1 | employee, provided that the employee pays to the System prior | ||||||
2 | to
retirement an amount equal to (1) the difference between | ||||||
3 | the employee
contributions that would have been required for | ||||||
4 | such service as a
noncovered employee, and the amount of | ||||||
5 | employee contributions actually
paid, plus (2) if payment is | ||||||
6 | made after July 31, 1987, regular interest
on the amount | ||||||
7 | specified in item (1) from the date of service to the date
of | ||||||
8 | payment.
| ||||||
9 | For purposes of calculating retirement annuities under | ||||||
10 | this Section,
periods of service rendered after December 31, | ||||||
11 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
12 | position of investigator for the
Department of Revenue shall | ||||||
13 | be deemed to have been service as a noncovered
employee, | ||||||
14 | provided that the employee pays to the System prior to | ||||||
15 | retirement
an amount equal to (1) the difference between the | ||||||
16 | employee contributions
that would have been required for such | ||||||
17 | service as a noncovered employee,
and the amount of employee | ||||||
18 | contributions actually paid, plus (2) if payment
is made after | ||||||
19 | January 1, 1990, regular interest on the amount specified in
| ||||||
20 | item (1) from the date of service to the date of payment.
| ||||||
21 | (g) A State policeman may elect, not later than January 1, | ||||||
22 | 1990, to
establish eligible creditable service for up to 10 | ||||||
23 | years of his service as
a policeman under Article 3, by filing | ||||||
24 | a written election with the Board,
accompanied by payment of | ||||||
25 | an amount to be determined by the Board, equal to
(i) the | ||||||
26 | difference between the amount of employee and employer
|
| |||||||
| |||||||
1 | contributions transferred to the System under Section 3-110.5, | ||||||
2 | and the
amounts that would have been contributed had such | ||||||
3 | contributions been made
at the rates applicable to State | ||||||
4 | policemen, plus (ii) interest thereon at
the effective rate | ||||||
5 | for each year, compounded annually, from the date of
service | ||||||
6 | to the date of payment.
| ||||||
7 | Subject to the limitation in subsection (i), a State | ||||||
8 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
9 | eligible creditable service for
up to 10 years of his service | ||||||
10 | as a member of the County Police Department
under Article 9, by | ||||||
11 | filing a written election with the Board, accompanied
by | ||||||
12 | payment of an amount to be determined by the Board, equal to | ||||||
13 | (i) the
difference between the amount of employee and employer | ||||||
14 | contributions
transferred to the System under Section 9-121.10 | ||||||
15 | and the amounts that would
have been contributed had those | ||||||
16 | contributions been made at the rates
applicable to State | ||||||
17 | policemen, plus (ii) interest thereon at the effective
rate | ||||||
18 | for each year, compounded annually, from the date of service | ||||||
19 | to the
date of payment.
| ||||||
20 | (h) Subject to the limitation in subsection (i), a State | ||||||
21 | policeman or
investigator for the Secretary of State may elect | ||||||
22 | to establish eligible
creditable service for up to 12 years of | ||||||
23 | his service as a policeman under
Article 5, by filing a written | ||||||
24 | election with the Board on or before January
31, 1992, and | ||||||
25 | paying to the System by January 31, 1994 an amount to be
| ||||||
26 | determined by the Board, equal to (i) the difference between |
| |||||||
| |||||||
1 | the amount of
employee and employer contributions transferred | ||||||
2 | to the System under Section
5-236, and the amounts that would | ||||||
3 | have been contributed had such
contributions been made at the | ||||||
4 | rates applicable to State policemen, plus
(ii) interest | ||||||
5 | thereon at the effective rate for each year, compounded
| ||||||
6 | annually, from the date of service to the date of payment.
| ||||||
7 | Subject to the limitation in subsection (i), a State | ||||||
8 | policeman,
conservation police officer, or investigator for | ||||||
9 | the Secretary of State may
elect to establish eligible | ||||||
10 | creditable service for up to 10 years of
service as a sheriff's | ||||||
11 | law enforcement employee under Article 7, by filing
a written | ||||||
12 | election with the Board on or before January 31, 1993, and | ||||||
13 | paying
to the System by January 31, 1994 an amount to be | ||||||
14 | determined by the Board,
equal to (i) the difference between | ||||||
15 | the amount of employee and
employer contributions transferred | ||||||
16 | to the System under Section
7-139.7, and the amounts that | ||||||
17 | would have been contributed had such
contributions been made | ||||||
18 | at the rates applicable to State policemen, plus
(ii) interest | ||||||
19 | thereon at the effective rate for each year, compounded
| ||||||
20 | annually, from the date of service to the date of payment.
| ||||||
21 | Subject to the limitation in subsection (i), a State | ||||||
22 | policeman,
conservation police officer, or investigator for | ||||||
23 | the Secretary of State may
elect to establish eligible | ||||||
24 | creditable service for up to 5 years of
service as a police | ||||||
25 | officer under Article 3, a policeman under Article 5, a | ||||||
26 | sheriff's law enforcement employee under Article 7, a member |
| |||||||
| |||||||
1 | of the county police department under Article 9, or a police | ||||||
2 | officer under Article 15 by filing
a written election with the | ||||||
3 | Board and paying
to the System an amount to be determined by | ||||||
4 | the Board,
equal to (i) the difference between the amount of | ||||||
5 | employee and
employer contributions transferred to the System | ||||||
6 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
7 | and the amounts that would have been contributed had such
| ||||||
8 | contributions been made at the rates applicable to State | ||||||
9 | policemen, plus
(ii) interest thereon at the effective rate | ||||||
10 | for each year, compounded
annually, from the date of service | ||||||
11 | to the date of payment. | ||||||
12 | Subject to the limitation in subsection (i), an | ||||||
13 | investigator for the Office of the Attorney General, or an | ||||||
14 | investigator for the Department of Revenue, may elect to | ||||||
15 | establish eligible creditable service for up to 5 years of | ||||||
16 | service as a police officer under Article 3, a policeman under | ||||||
17 | Article 5, a sheriff's law enforcement employee under Article | ||||||
18 | 7, or a member of the county police department under Article 9 | ||||||
19 | by filing a written election with the Board within 6 months | ||||||
20 | after August 25, 2009 (the effective date of Public Act | ||||||
21 | 96-745) and paying to the System an amount to be determined by | ||||||
22 | the Board, equal to (i) the difference between the amount of | ||||||
23 | employee and employer contributions transferred to the System | ||||||
24 | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | ||||||
25 | amounts that would have been contributed had such | ||||||
26 | contributions been made at the rates applicable to State |
| |||||||
| |||||||
1 | policemen, plus (ii) interest thereon at the actuarially | ||||||
2 | assumed rate for each year, compounded annually, from the date | ||||||
3 | of service to the date of payment. | ||||||
4 | Subject to the limitation in subsection (i), a State | ||||||
5 | policeman, conservation police officer, investigator for the | ||||||
6 | Office of the Attorney General, an investigator for the | ||||||
7 | Department of Revenue, or investigator for the Secretary of | ||||||
8 | State may elect to establish eligible creditable service for | ||||||
9 | up to 5 years of service as a person employed by a | ||||||
10 | participating municipality to perform police duties, or law | ||||||
11 | enforcement officer employed on a full-time basis by a forest | ||||||
12 | preserve district under Article 7, a county corrections | ||||||
13 | officer, or a court services officer under Article 9, by | ||||||
14 | filing a written election with the Board within 6 months after | ||||||
15 | August 25, 2009 (the effective date of Public Act 96-745) and | ||||||
16 | paying to the System an amount to be determined by the Board, | ||||||
17 | equal to (i) the difference between the amount of employee and | ||||||
18 | employer contributions transferred to the System under | ||||||
19 | Sections 7-139.8 and 9-121.10 and the amounts that would have | ||||||
20 | been contributed had such contributions been made at the rates | ||||||
21 | applicable to State policemen, plus (ii) interest thereon at | ||||||
22 | the actuarially assumed rate for each year, compounded | ||||||
23 | annually, from the date of service to the date of payment. | ||||||
24 | Subject to the limitation in subsection (i), a State | ||||||
25 | policeman, arson
investigator, or Commerce Commission police | ||||||
26 | officer may elect to establish eligible creditable service for |
| |||||||
| |||||||
1 | up to 5 years of service as a person employed by a | ||||||
2 | participating municipality to perform police duties under | ||||||
3 | Article 7, a county corrections officer, a court services | ||||||
4 | officer under Article 9, or a firefighter
under Article 4 by | ||||||
5 | filing a written election with the Board within 6 months after | ||||||
6 | July 30, 2021 (the effective date of Public Act 102-210) and | ||||||
7 | paying to the System an amount to be determined by the Board | ||||||
8 | equal to (i) the difference between the amount of employee and | ||||||
9 | employer contributions transferred to the System under | ||||||
10 | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that | ||||||
11 | would have been contributed had such contributions been made | ||||||
12 | at the rates applicable to State policemen, plus (ii) interest | ||||||
13 | thereon at the actuarially assumed rate for each year, | ||||||
14 | compounded annually, from the date of service to the date of | ||||||
15 | payment. | ||||||
16 | Subject to the limitation in subsection (i), a | ||||||
17 | conservation police officer may elect to establish eligible | ||||||
18 | creditable service for up to 5 years of service as a person | ||||||
19 | employed by a participating municipality to perform police | ||||||
20 | duties under Article 7, a county corrections officer, or a | ||||||
21 | court services officer under Article 9 by filing a written | ||||||
22 | election with the Board within 6 months after July 30, 2021 | ||||||
23 | (the effective date of Public Act 102-210) and paying to the | ||||||
24 | System an amount to be determined by the Board equal to (i) the | ||||||
25 | difference between the amount of employee and employer | ||||||
26 | contributions transferred to the System under Sections 7-139.8 |
| |||||||
| |||||||
1 | and 9-121.10 and the amounts that would have been contributed | ||||||
2 | had such contributions been made at the rates applicable to | ||||||
3 | State policemen, plus (ii) interest thereon at the actuarially | ||||||
4 | assumed rate for each year, compounded annually, from the date | ||||||
5 | of service to the date of payment. | ||||||
6 | Notwithstanding the limitation in subsection (i), a State | ||||||
7 | policeman or conservation police officer may elect to convert | ||||||
8 | service credit earned under this Article to eligible | ||||||
9 | creditable service, as defined by this Section, by filing a | ||||||
10 | written election with the board within 6 months after July 30, | ||||||
11 | 2021 (the effective date of Public Act 102-210) and paying to | ||||||
12 | the System an amount to be determined by the Board equal to (i) | ||||||
13 | the difference between the amount of employee contributions | ||||||
14 | originally paid for that service and the amounts that would | ||||||
15 | have been contributed had such contributions been made at the | ||||||
16 | rates applicable to State policemen, plus (ii) the difference | ||||||
17 | between the employer's normal cost of the credit prior to the | ||||||
18 | conversion authorized by Public Act 102-210 and the employer's | ||||||
19 | normal cost of the credit converted in accordance with Public | ||||||
20 | Act 102-210, plus (iii) interest thereon at the actuarially | ||||||
21 | assumed rate for each year, compounded annually, from the date | ||||||
22 | of service to the date of payment. | ||||||
23 | (i) The total amount of eligible creditable service | ||||||
24 | established by any
person under subsections (g), (h), (j), | ||||||
25 | (k), (l), (l-5), (o), and (p) , and (q) of this
Section shall | ||||||
26 | not exceed 12 years.
|
| |||||||
| |||||||
1 | (j) Subject to the limitation in subsection (i), an | ||||||
2 | investigator for
the Office of the State's Attorneys Appellate | ||||||
3 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
4 | establish eligible creditable service for up to 10 years of | ||||||
5 | his service as
a policeman under Article 3 or a sheriff's law | ||||||
6 | enforcement employee under
Article 7, by filing a written | ||||||
7 | election with the Board, accompanied by
payment of an amount | ||||||
8 | to be determined by the Board, equal to (1) the
difference | ||||||
9 | between the amount of employee and employer contributions
| ||||||
10 | transferred to the System under Section 3-110.6 or 7-139.8, | ||||||
11 | and the amounts
that would have been contributed had such | ||||||
12 | contributions been made at the
rates applicable to State | ||||||
13 | policemen, plus (2) interest thereon at the
effective rate for | ||||||
14 | each year, compounded annually, from the date of service
to | ||||||
15 | the date of payment.
| ||||||
16 | (k) Subject to the limitation in subsection (i) of this | ||||||
17 | Section, an
alternative formula employee may elect to | ||||||
18 | establish eligible creditable
service for periods spent as a | ||||||
19 | full-time law enforcement officer or full-time
corrections | ||||||
20 | officer employed by the federal government or by a state or | ||||||
21 | local
government located outside of Illinois, for which credit | ||||||
22 | is not held in any
other public employee pension fund or | ||||||
23 | retirement system. To obtain this
credit, the applicant must | ||||||
24 | file a written application with the Board by March
31, 1998, | ||||||
25 | accompanied by evidence of eligibility acceptable to the Board | ||||||
26 | and
payment of an amount to be determined by the Board, equal |
| |||||||
| |||||||
1 | to (1) employee
contributions for the credit being | ||||||
2 | established, based upon the applicant's
salary on the first | ||||||
3 | day as an alternative formula employee after the employment
| ||||||
4 | for which credit is being established and the rates then | ||||||
5 | applicable to
alternative formula employees, plus (2) an | ||||||
6 | amount determined by the Board
to be the employer's normal | ||||||
7 | cost of the benefits accrued for the credit being
established, | ||||||
8 | plus (3) regular interest on the amounts in items (1) and (2) | ||||||
9 | from
the first day as an alternative formula employee after | ||||||
10 | the employment for which
credit is being established to the | ||||||
11 | date of payment.
| ||||||
12 | (l) Subject to the limitation in subsection (i), a | ||||||
13 | security employee of
the Department of Corrections may elect, | ||||||
14 | not later than July 1, 1998, to
establish eligible creditable | ||||||
15 | service for up to 10 years of his or her service
as a policeman | ||||||
16 | under Article 3, by filing a written election with the Board,
| ||||||
17 | accompanied by payment of an amount to be determined by the | ||||||
18 | Board, equal to
(i) the difference between the amount of | ||||||
19 | employee and employer contributions
transferred to the System | ||||||
20 | under Section 3-110.5, and the amounts that would
have been | ||||||
21 | contributed had such contributions been made at the rates | ||||||
22 | applicable
to security employees of the Department of | ||||||
23 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
24 | for each year, compounded annually, from the date
of service | ||||||
25 | to the date of payment.
| ||||||
26 | (l-5) Subject to the limitation in subsection (i) of this |
| |||||||
| |||||||
1 | Section, a State policeman may elect to establish eligible | ||||||
2 | creditable service for up to 5 years of service as a full-time | ||||||
3 | law enforcement officer employed by the federal government or | ||||||
4 | by a state or local government located outside of Illinois for | ||||||
5 | which credit is not held in any other public employee pension | ||||||
6 | fund or retirement system. To obtain this credit, the | ||||||
7 | applicant must file a written application with the Board no | ||||||
8 | later than 3 years after January 1, 2020 (the effective date of | ||||||
9 | Public Act 101-610), accompanied by evidence of eligibility | ||||||
10 | acceptable to the Board and payment of an amount to be | ||||||
11 | determined by the Board, equal to (1) employee contributions | ||||||
12 | for the credit being established, based upon the applicant's | ||||||
13 | salary on the first day as an alternative formula employee | ||||||
14 | after the employment for which credit is being established and | ||||||
15 | the rates then applicable to alternative formula employees, | ||||||
16 | plus (2) an amount determined by the Board to be the employer's | ||||||
17 | normal cost of the benefits accrued for the credit being | ||||||
18 | established, plus (3) regular interest on the amounts in items | ||||||
19 | (1) and (2) from the first day as an alternative formula | ||||||
20 | employee after the employment for which credit is being | ||||||
21 | established to the date of payment. | ||||||
22 | (m) The amendatory changes to this Section made by Public | ||||||
23 | Act 94-696 apply only to: (1) security employees of the | ||||||
24 | Department of Juvenile Justice employed by the Department of | ||||||
25 | Corrections before June 1, 2006 (the effective date of Public | ||||||
26 | Act 94-696) and transferred to the Department of Juvenile |
| |||||||
| |||||||
1 | Justice by Public Act 94-696; and (2) persons employed by the | ||||||
2 | Department of Juvenile Justice on or after June 1, 2006 (the | ||||||
3 | effective date of Public Act 94-696) who are required by | ||||||
4 | subsection (b) of Section 3-2.5-15 of the Unified Code of | ||||||
5 | Corrections to have any bachelor's or advanced degree from an | ||||||
6 | accredited college or university or, in the case of persons | ||||||
7 | who provide vocational training, who are required to have | ||||||
8 | adequate knowledge in the skill for which they are providing | ||||||
9 | the vocational training.
| ||||||
10 | (n) A person employed in a position under subsection (b) | ||||||
11 | of this Section who has purchased service credit under | ||||||
12 | subsection (j) of Section 14-104 or subsection (b) of Section | ||||||
13 | 14-105 in any other capacity under this Article may convert up | ||||||
14 | to 5 years of that service credit into service credit covered | ||||||
15 | under this Section by paying to the Fund an amount equal to (1) | ||||||
16 | the additional employee contribution required under Section | ||||||
17 | 14-133, plus (2) the additional employer contribution required | ||||||
18 | under Section 14-131, plus (3) interest on items (1) and (2) at | ||||||
19 | the actuarially assumed rate from the date of the service to | ||||||
20 | the date of payment. | ||||||
21 | (o) Subject to the limitation in subsection (i), a | ||||||
22 | conservation police officer, investigator for the Secretary of | ||||||
23 | State, Commerce Commission police officer, investigator for | ||||||
24 | the Department of Revenue or the
Illinois Gaming Board, or | ||||||
25 | arson investigator subject to subsection (g) of Section 1-160 | ||||||
26 | may elect to convert up to 8 years of service credit |
| |||||||
| |||||||
1 | established before January 1, 2020 (the effective date of | ||||||
2 | Public Act 101-610) as a conservation police officer, | ||||||
3 | investigator for the Secretary of State, Commerce Commission | ||||||
4 | police officer, investigator for the Department of Revenue or | ||||||
5 | the
Illinois Gaming Board, or arson investigator under this | ||||||
6 | Article into eligible creditable service by filing a written | ||||||
7 | election with the Board no later than one year after January 1, | ||||||
8 | 2020 (the effective date of Public Act 101-610), accompanied | ||||||
9 | by payment of an amount to be determined by the Board equal to | ||||||
10 | (i) the difference between the amount of the employee | ||||||
11 | contributions actually paid for that service and the amount of | ||||||
12 | the employee contributions that would have been paid had the | ||||||
13 | employee contributions been made as a noncovered employee | ||||||
14 | serving in a position in which eligible creditable service, as | ||||||
15 | defined in this Section, may be earned, plus (ii) interest | ||||||
16 | thereon at the effective rate for each year, compounded | ||||||
17 | annually, from the date of service to the date of payment. | ||||||
18 | (p) Subject to the limitation in subsection (i), an | ||||||
19 | investigator for the Office of the Attorney General subject to | ||||||
20 | subsection (g) of Section 1-160 may elect to convert up to 8 | ||||||
21 | years of service credit established before the effective date | ||||||
22 | of this amendatory Act of the 102nd General Assembly as an | ||||||
23 | investigator for the Office of the Attorney General under this | ||||||
24 | Article into eligible creditable service by filing a written | ||||||
25 | election with the Board no later than one year after the | ||||||
26 | effective date of this amendatory Act of the 102nd General |
| |||||||
| |||||||
1 | Assembly, accompanied by payment of an amount to be determined | ||||||
2 | by the Board equal to (i) the difference between the amount of | ||||||
3 | the employee contributions actually paid for that service and | ||||||
4 | the amount of the employee contributions that would have been | ||||||
5 | paid had the employee contributions been made as a noncovered | ||||||
6 | employee serving in a position in which eligible creditable | ||||||
7 | service, as defined in this Section, may be earned, plus (ii) | ||||||
8 | interest thereon at the effective rate for each year, | ||||||
9 | compounded annually, from the date of service to the date of | ||||||
10 | payment. | ||||||
11 | (q) Subject to the limitation in subsection (i), a | ||||||
12 | security employee of the Department of Human Services who is | ||||||
13 | subject to subsection (g-1) of Section 1-160 may elect to | ||||||
14 | convert up to 9 years of service credit established before the | ||||||
15 | effective date of this amendatory Act of the 103rd General | ||||||
16 | Assembly as a security employee of the Department of Human | ||||||
17 | Services to eligible creditable service by filing a written | ||||||
18 | election with the Board no later than one year after the | ||||||
19 | effective date of this amendatory Act of the 103rd General | ||||||
20 | Assembly, accompanied by payment of an amount, to be | ||||||
21 | determined by the Board, equal to (i) the difference between | ||||||
22 | the amount of the employee contributions actually paid for | ||||||
23 | that service and the amount of the employee contributions that | ||||||
24 | would have been paid had the employee contributions been made | ||||||
25 | as a covered employee serving in a position in which eligible | ||||||
26 | creditable service, as defined in this Section, may be earned, |
| |||||||
| |||||||
1 | plus (ii) interest thereon at the effective rate for each | ||||||
2 | year, compounded annually, from the date of service to the | ||||||
3 | date of payment. | ||||||
4 | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; | ||||||
5 | 102-538, 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 | ||||||
8 | increases. | ||||||
9 | (a) As used in this Section, "new benefit increase" means | ||||||
10 | an increase in the amount of any benefit provided under this | ||||||
11 | Article, or an expansion of the conditions of eligibility for | ||||||
12 | any benefit under this Article, that results from an amendment | ||||||
13 | to this Code that takes effect after June 1, 2005 (the | ||||||
14 | effective date of Public Act 94-4). "New benefit increase", | ||||||
15 | however, does not include any benefit increase resulting from | ||||||
16 | the changes made to Article 1 or this Article by Public Act | ||||||
17 | 96-37, Public Act 100-23, Public Act 100-587, Public Act | ||||||
18 | 100-611, Public Act 101-10, Public Act 101-610, Public Act | ||||||
19 | 102-210, Public Act 102-856, Public Act 102-956, or this | ||||||
20 | amendatory Act of the 103rd General Assembly this amendatory | ||||||
21 | Act of the 102nd General Assembly .
| ||||||
22 | (b) Notwithstanding any other provision of this Code or | ||||||
23 | any subsequent amendment to this Code, every new benefit | ||||||
24 | increase is subject to this Section and shall be deemed to be | ||||||
25 | granted only in conformance with and contingent upon |
| |||||||
| |||||||
1 | compliance with the provisions of this Section.
| ||||||
2 | (c) The Public Act enacting a new benefit increase must | ||||||
3 | identify and provide for payment to the System of additional | ||||||
4 | funding at least sufficient to fund the resulting annual | ||||||
5 | increase in cost to the System as it accrues. | ||||||
6 | Every new benefit increase is contingent upon the General | ||||||
7 | Assembly providing the additional funding required under this | ||||||
8 | subsection. The Commission on Government Forecasting and | ||||||
9 | Accountability shall analyze whether adequate additional | ||||||
10 | funding has been provided for the new benefit increase and | ||||||
11 | shall report its analysis to the Public Pension Division of | ||||||
12 | the Department of Insurance. A new benefit increase created by | ||||||
13 | a Public Act that does not include the additional funding | ||||||
14 | required under this subsection is null and void. If the Public | ||||||
15 | Pension Division determines that the additional funding | ||||||
16 | provided for a new benefit increase under this subsection is | ||||||
17 | or has become inadequate, it may so certify to the Governor and | ||||||
18 | the State Comptroller and, in the absence of corrective action | ||||||
19 | by the General Assembly, the new benefit increase shall expire | ||||||
20 | at the end of the fiscal year in which the certification is | ||||||
21 | made.
| ||||||
22 | (d) Every new benefit increase shall expire 5 years after | ||||||
23 | its effective date or on such earlier date as may be specified | ||||||
24 | in the language enacting the new benefit increase or provided | ||||||
25 | under subsection (c). This does not prevent the General | ||||||
26 | Assembly from extending or re-creating a new benefit increase |
| |||||||
| |||||||
1 | by law. | ||||||
2 | (e) Except as otherwise provided in the language creating | ||||||
3 | the new benefit increase, a new benefit increase that expires | ||||||
4 | under this Section continues to apply to persons who applied | ||||||
5 | and qualified for the affected benefit while the new benefit | ||||||
6 | increase was in effect and to the affected beneficiaries and | ||||||
7 | alternate payees of such persons, but does not apply to any | ||||||
8 | other person, including, without limitation, a person who | ||||||
9 | continues in service after the expiration date and did not | ||||||
10 | apply and qualify for the affected benefit while the new | ||||||
11 | benefit increase was in effect.
| ||||||
12 | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||||||
13 | 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff. | ||||||
14 | 1-1-23; 102-956, eff. 5-27-22 .)
| ||||||
15 | Section 99. Effective date. This Act takes effect January | ||||||
16 | 1, 2024.
|