HB4870 EngrossedLRB103 38342 RPS 68477 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 14-110 and 14-152.1 as follows:
 
6    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
7    (Text of Section from P.A. 102-813 and 103-34)
8    Sec. 14-110. Alternative retirement annuity.
9    (a) Any member who has withdrawn from service with not
10less than 20 years of eligible creditable service and has
11attained age 55, and any member who has withdrawn from service
12with not less than 25 years of eligible creditable service and
13has attained age 50, regardless of whether the attainment of
14either of the specified ages occurs while the member is still
15in service, shall be entitled to receive at the option of the
16member, in lieu of the regular or minimum retirement annuity,
17a retirement annuity computed as follows:
18        (i) for periods of service as a noncovered employee:
19    if retirement occurs on or after January 1, 2001, 3% of
20    final average compensation for each year of creditable
21    service; if retirement occurs before January 1, 2001, 2
22    1/4% of final average compensation for each of the first
23    10 years of creditable service, 2 1/2% for each year above

 

 

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1    10 years to and including 20 years of creditable service,
2    and 2 3/4% for each year of creditable service above 20
3    years; and
4        (ii) for periods of eligible creditable service as a
5    covered employee: if retirement occurs on or after January
6    1, 2001, 2.5% of final average compensation for each year
7    of creditable service; if retirement occurs before January
8    1, 2001, 1.67% of final average compensation for each of
9    the first 10 years of such service, 1.90% for each of the
10    next 10 years of such service, 2.10% for each year of such
11    service in excess of 20 but not exceeding 30, and 2.30% for
12    each year in excess of 30.
13    Such annuity shall be subject to a maximum of 75% of final
14average compensation if retirement occurs before January 1,
152001 or to a maximum of 80% of final average compensation if
16retirement occurs on or after January 1, 2001.
17    These rates shall not be applicable to any service
18performed by a member as a covered employee which is not
19eligible creditable service. Service as a covered employee
20which is not eligible creditable service shall be subject to
21the rates and provisions of Section 14-108.
22    (a-5) A member who is eligible to receive an alternative
23retirement annuity under this Section may elect to receive an
24estimated payment that shall commence no later than 30 days
25after the later of either the member's last day of employment
26or 30 days after the member files for the retirement benefit

 

 

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1with the System. The estimated payment shall be the best
2estimate by the System of the total monthly amount due to the
3member based on the information that the System possesses at
4the time of the estimate. If the amount of the estimate is
5greater or less than the actual amount of the monthly annuity,
6the System shall pay or recover the difference within 6 months
7after the start of the monthly annuity.
8    (b) For the purpose of this Section, "eligible creditable
9service" means creditable service resulting from service in
10one or more of the following positions:
11        (1) State policeman;
12        (2) fire fighter in the fire protection service of a
13    department;
14        (3) air pilot;
15        (4) special agent;
16        (5) investigator for the Secretary of State;
17        (6) conservation police officer;
18        (7) investigator for the Department of Revenue or the
19    Illinois Gaming Board;
20        (8) security employee of the Department of Human
21    Services;
22        (9) Central Management Services security police
23    officer;
24        (10) security employee of the Department of
25    Corrections or the Department of Juvenile Justice;
26        (11) dangerous drugs investigator;

 

 

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1        (12) investigator for the Illinois State Police;
2        (13) investigator for the Office of the Attorney
3    General;
4        (14) controlled substance inspector;
5        (15) investigator for the Office of the State's
6    Attorneys Appellate Prosecutor;
7        (16) Commerce Commission police officer;
8        (17) arson investigator;
9        (18) State highway maintenance worker;
10        (19) security employee of the Department of Innovation
11    and Technology; or
12        (20) transferred employee.
13    A person employed in one of the positions specified in
14this subsection is entitled to eligible creditable service for
15service credit earned under this Article while undergoing the
16basic police training course approved by the Illinois Law
17Enforcement Training Standards Board, if completion of that
18training is required of persons serving in that position. For
19the purposes of this Code, service during the required basic
20police training course shall be deemed performance of the
21duties of the specified position, even though the person is
22not a sworn peace officer at the time of the training.
23    A person under paragraph (20) is entitled to eligible
24creditable service for service credit earned under this
25Article on and after his or her transfer by Executive Order No.
262003-10, Executive Order No. 2004-2, or Executive Order No.

 

 

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12016-1.
2    (c) For the purposes of this Section:
3        (1) The term "State policeman" includes any title or
4    position in the Illinois State Police that is held by an
5    individual employed under the Illinois State Police Act.
6        (2) The term "fire fighter in the fire protection
7    service of a department" includes all officers in such
8    fire protection service including fire chiefs and
9    assistant fire chiefs.
10        (3) The term "air pilot" includes any employee whose
11    official job description on file in the Department of
12    Central Management Services, or in the department by which
13    he is employed if that department is not covered by the
14    Personnel Code, states that his principal duty is the
15    operation of aircraft, and who possesses a pilot's
16    license; however, the change in this definition made by
17    Public Act 83-842 shall not operate to exclude any
18    noncovered employee who was an "air pilot" for the
19    purposes of this Section on January 1, 1984.
20        (4) The term "special agent" means any person who by
21    reason of employment by the Division of Narcotic Control,
22    the Bureau of Investigation or, after July 1, 1977, the
23    Division of Criminal Investigation, the Division of
24    Internal Investigation, the Division of Operations, the
25    Division of Patrol, or any other Division or
26    organizational entity in the Illinois State Police is

 

 

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1    vested by law with duties to maintain public order,
2    investigate violations of the criminal law of this State,
3    enforce the laws of this State, make arrests and recover
4    property. The term "special agent" includes any title or
5    position in the Illinois State Police that is held by an
6    individual employed under the Illinois State Police Act.
7        (5) The term "investigator for the Secretary of State"
8    means any person employed by the Office of the Secretary
9    of State 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        A person who became employed as an investigator for
14    the Secretary of State between January 1, 1967 and
15    December 31, 1975, and who has served as such until
16    attainment of age 60, either continuously or with a single
17    break in service of not more than 3 years duration, which
18    break terminated before January 1, 1976, shall be entitled
19    to have his retirement annuity calculated in accordance
20    with subsection (a), notwithstanding that he has less than
21    20 years of credit for such service.
22        (6) The term "Conservation Police Officer" means any
23    person employed by the Division of Law Enforcement of the
24    Department of Natural Resources and vested with such law
25    enforcement duties as render him ineligible for coverage
26    under the Social Security Act by reason of Sections

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    security employee of the Department of Corrections or the
2    Department of Juvenile Justice, was transferred to the
3    Department of Innovation and Technology pursuant to
4    Executive Order 2016-01, and continues to perform similar
5    job functions under that Department.
6        (20) "Transferred employee" means an employee who was
7    transferred to the Department of Central Management
8    Services by Executive Order No. 2003-10 or Executive Order
9    No. 2004-2 or transferred to the Department of Innovation
10    and Technology by Executive Order No. 2016-1, or both, and
11    was entitled to eligible creditable service for services
12    immediately preceding the transfer.
13    (d) A security employee of the Department of Corrections
14or the Department of Juvenile Justice, a security employee of
15the Department of Human Services who is not a mental health
16police officer, and a security employee of the Department of
17Innovation and Technology shall not be eligible for the
18alternative retirement annuity provided by this Section unless
19he or she meets the following minimum age and service
20requirements at the time of retirement:
21        (i) 25 years of eligible creditable service and age
22    55; or
23        (ii) beginning January 1, 1987, 25 years of eligible
24    creditable service and age 54, or 24 years of eligible
25    creditable service and age 55; or
26        (iii) beginning January 1, 1988, 25 years of eligible

 

 

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

 

 

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1service for the purposes of the retirement annuity prescribed
2in this Section.
3    (f) For purposes of calculating retirement annuities under
4this Section, periods of service rendered after December 31,
51968 and before October 1, 1975 as a covered employee in the
6position of special agent, conservation police officer, mental
7health police officer, or investigator for the Secretary of
8State, shall be deemed to have been service as a noncovered
9employee, provided that the employee pays to the System prior
10to retirement an amount equal to (1) the difference between
11the employee contributions that would have been required for
12such service as a noncovered employee, and the amount of
13employee contributions actually paid, plus (2) if payment is
14made after July 31, 1987, regular interest on the amount
15specified in item (1) from the date of service to the date of
16payment.
17    For purposes of calculating retirement annuities under
18this Section, periods of service rendered after December 31,
191968 and before January 1, 1982 as a covered employee in the
20position of investigator for the Department of Revenue shall
21be deemed to have been service as a noncovered employee,
22provided that the employee pays to the System prior to
23retirement an amount equal to (1) the difference between the
24employee contributions that would have been required for such
25service as a noncovered employee, and the amount of employee
26contributions actually paid, plus (2) if payment is made after

 

 

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1January 1, 1990, regular interest on the amount specified in
2item (1) from the date of service to the date of payment.
3    (g) A State policeman may elect, not later than January 1,
41990, to establish eligible creditable service for up to 10
5years of his service as a policeman under Article 3, by filing
6a written election with the Board, accompanied by payment of
7an amount to be determined by the Board, equal to (i) the
8difference between the amount of employee and employer
9contributions transferred to the System under Section 3-110.5,
10and the amounts that would have been contributed had such
11contributions been made at the rates applicable to State
12policemen, plus (ii) interest thereon at the effective rate
13for each year, compounded annually, from the date of service
14to the date of payment.
15    Subject to the limitation in subsection (i), a State
16policeman may elect, not later than July 1, 1993, to establish
17eligible creditable service for up to 10 years of his service
18as a member of the County Police Department under Article 9, by
19filing a written election with the Board, accompanied by
20payment of an amount to be determined by the Board, equal to
21(i) the difference between the amount of employee and employer
22contributions transferred to the System under Section 9-121.10
23and the amounts that would have been contributed had those
24contributions been made at the rates applicable to State
25policemen, plus (ii) interest thereon at the effective rate
26for each year, compounded annually, from the date of service

 

 

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

 

 

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

 

 

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1by filing a written election with the Board within 6 months
2after August 25, 2009 (the effective date of Public Act
396-745) and paying to the System an amount to be determined by
4the Board, equal to (i) the difference between the amount of
5employee and employer contributions transferred to the System
6under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
7amounts that would have been contributed had such
8contributions been made at the rates applicable to State
9policemen, plus (ii) interest thereon at the actuarially
10assumed rate for each year, compounded annually, from the date
11of service to the date of payment.
12    Subject to the limitation in subsection (i), a State
13policeman, conservation police officer, investigator for the
14Office of the Attorney General, an investigator for the
15Department of Revenue, or investigator for the Secretary of
16State may elect to establish eligible creditable service for
17up to 5 years of service as a person employed by a
18participating municipality to perform police duties, or law
19enforcement officer employed on a full-time basis by a forest
20preserve district under Article 7, a county corrections
21officer, or a court services officer under Article 9, by
22filing a written election with the Board within 6 months after
23August 25, 2009 (the effective date of Public Act 96-745) and
24paying to the System an amount to be determined by the Board,
25equal to (i) the difference between the amount of employee and
26employer contributions transferred to the System under

 

 

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

 

 

HB4870 Engrossed- 21 -LRB103 38342 RPS 68477 b

1employed by a participating municipality to perform police
2duties under Article 7, a county corrections officer, or a
3court services officer under Article 9 by filing a written
4election with the Board within 6 months after July 30, 2021
5(the effective date of Public Act 102-210) and paying to the
6System an amount to be determined by the Board equal to (i) the
7difference between the amount of employee and employer
8contributions transferred to the System under Sections 7-139.8
9and 9-121.10 and the amounts that would have been contributed
10had such contributions been made at the rates applicable to
11State policemen, plus (ii) interest thereon at the actuarially
12assumed rate for each year, compounded annually, from the date
13of service to the date of payment.
14    Notwithstanding the limitation in subsection (i), a State
15policeman or conservation police officer may elect to convert
16service credit earned under this Article to eligible
17creditable service, as defined by this Section, by filing a
18written election with the board within 6 months after July 30,
192021 (the effective date of Public Act 102-210) and paying to
20the System an amount to be determined by the Board equal to (i)
21the difference between the amount of employee contributions
22originally paid for that service and the amounts that would
23have been contributed had such contributions been made at the
24rates applicable to State policemen, plus (ii) the difference
25between the employer's normal cost of the credit prior to the
26conversion authorized by Public Act 102-210 and the employer's

 

 

HB4870 Engrossed- 22 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 23 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 24 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 25 -LRB103 38342 RPS 68477 b

1(1) and (2) from the first day as an alternative formula
2employee after the employment for which credit is being
3established to the date of payment.
4    (m) The amendatory changes to this Section made by Public
5Act 94-696 apply only to: (1) security employees of the
6Department of Juvenile Justice employed by the Department of
7Corrections before June 1, 2006 (the effective date of Public
8Act 94-696) and transferred to the Department of Juvenile
9Justice by Public Act 94-696; and (2) persons employed by the
10Department of Juvenile Justice on or after June 1, 2006 (the
11effective date of Public Act 94-696) who are required by
12subsection (b) of Section 3-2.5-15 of the Unified Code of
13Corrections to have any bachelor's or advanced degree from an
14accredited college or university or, in the case of persons
15who provide vocational training, who are required to have
16adequate knowledge in the skill for which they are providing
17the vocational training.
18    (n) A person employed in a position under subsection (b)
19of this Section who has purchased service credit under
20subsection (j) of Section 14-104 or subsection (b) of Section
2114-105 in any other capacity under this Article may convert up
22to 5 years of that service credit into service credit covered
23under this Section by paying to the Fund an amount equal to (1)
24the additional employee contribution required under Section
2514-133, plus (2) the additional employer contribution required
26under Section 14-131, plus (3) interest on items (1) and (2) at

 

 

HB4870 Engrossed- 26 -LRB103 38342 RPS 68477 b

1the actuarially assumed rate from the date of the service to
2the date of payment.
3    (o) Subject to the limitation in subsection (i), a
4conservation police officer, investigator for the Secretary of
5State, Commerce Commission police officer, investigator for
6the Department of Revenue or the Illinois Gaming Board, or
7arson investigator subject to subsection (g) of Section 1-160
8may elect to convert up to 8 years of service credit
9established before January 1, 2020 (the effective date of
10Public Act 101-610) as a conservation police officer,
11investigator for the Secretary of State, Commerce Commission
12police officer, investigator for the Department of Revenue or
13the Illinois Gaming Board, or arson investigator under this
14Article into eligible creditable service by filing a written
15election with the Board no later than one year after January 1,
162020 (the effective date of Public Act 101-610), accompanied
17by payment of an amount to be determined by the Board equal to
18(i) the difference between the amount of the employee
19contributions actually paid for that service and the amount of
20the employee contributions that would have been paid had the
21employee contributions been made as a noncovered employee
22serving in a position in which eligible creditable service, as
23defined in this Section, may be earned, plus (ii) interest
24thereon at the effective rate for each year, compounded
25annually, from the date of service to the date of payment.
26(Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;

 

 

HB4870 Engrossed- 27 -LRB103 38342 RPS 68477 b

1102-813, eff. 5-13-22; 103-34, eff. 1-1-24.)
 
2    (Text of Section from P.A. 102-856 and 103-34)
3    Sec. 14-110. Alternative retirement annuity.
4    (a) Any member who has withdrawn from service with not
5less than 20 years of eligible creditable service and has
6attained age 55, and any member who has withdrawn from service
7with not less than 25 years of eligible creditable service and
8has attained age 50, regardless of whether the attainment of
9either of the specified ages occurs while the member is still
10in service, shall be entitled to receive at the option of the
11member, in lieu of the regular or minimum retirement annuity,
12a retirement annuity computed as follows:
13        (i) for periods of service as a noncovered employee:
14    if retirement occurs on or after January 1, 2001, 3% of
15    final average compensation for each year of creditable
16    service; if retirement occurs before January 1, 2001, 2
17    1/4% of final average compensation for each of the first
18    10 years of creditable service, 2 1/2% for each year above
19    10 years to and including 20 years of creditable service,
20    and 2 3/4% for each year of creditable service above 20
21    years; and
22        (ii) for periods of eligible creditable service as a
23    covered employee: if retirement occurs on or after January
24    1, 2001, 2.5% of final average compensation for each year
25    of creditable service; if retirement occurs before January

 

 

HB4870 Engrossed- 28 -LRB103 38342 RPS 68477 b

1    1, 2001, 1.67% of final average compensation for each of
2    the first 10 years of such service, 1.90% for each of the
3    next 10 years of such service, 2.10% for each year of such
4    service in excess of 20 but not exceeding 30, and 2.30% for
5    each year in excess of 30.
6    Such annuity shall be subject to a maximum of 75% of final
7average compensation if retirement occurs before January 1,
82001 or to a maximum of 80% of final average compensation if
9retirement occurs on or after January 1, 2001.
10    These rates shall not be applicable to any service
11performed by a member as a covered employee which is not
12eligible creditable service. Service as a covered employee
13which is not eligible creditable service shall be subject to
14the rates and provisions of Section 14-108.
15    (a-5) A member who is eligible to receive an alternative
16retirement annuity under this Section may elect to receive an
17estimated payment that shall commence no later than 30 days
18after the later of either the member's last day of employment
19or 30 days after the member files for the retirement benefit
20with the System. The estimated payment shall be the best
21estimate by the System of the total monthly amount due to the
22member based on the information that the System possesses at
23the time of the estimate. If the amount of the estimate is
24greater or less than the actual amount of the monthly annuity,
25the System shall pay or recover the difference within 6 months
26after the start of the monthly annuity.

 

 

HB4870 Engrossed- 29 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 30 -LRB103 38342 RPS 68477 b

1        (17) arson investigator;
2        (18) State highway maintenance worker;
3        (19) security employee of the Department of Innovation
4    and Technology; or
5        (20) transferred employee.
6    A person employed in one of the positions specified in
7this subsection is entitled to eligible creditable service for
8service credit earned under this Article while undergoing the
9basic police training course approved by the Illinois Law
10Enforcement Training Standards Board, if completion of that
11training is required of persons serving in that position. For
12the purposes of this Code, service during the required basic
13police training course shall be deemed performance of the
14duties of the specified position, even though the person is
15not a sworn peace officer at the time of the training.
16    A person under paragraph (20) is entitled to eligible
17creditable service for service credit earned under this
18Article on and after his or her transfer by Executive Order No.
192003-10, Executive Order No. 2004-2, or Executive Order No.
202016-1.
21    (c) For the purposes of this Section:
22        (1) The term "State policeman" 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        (2) The term "fire fighter in the fire protection
26    service of a department" includes all officers in such

 

 

HB4870 Engrossed- 31 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 32 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 33 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 34 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 35 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 36 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 37 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 38 -LRB103 38342 RPS 68477 b

1        responsibility is to perform, on the roadway, the
2        actual maintenance necessary to keep the highways that
3        form a part of the State highway system in serviceable
4        condition for vehicular traffic.
5            (ii) A person employed on a full-time basis by the
6        Illinois State Toll Highway Authority in the position
7        of equipment operator/laborer H-4, equipment
8        operator/laborer H-6, welder H-4, welder H-6,
9        mechanical/electrical H-4, mechanical/electrical H-6,
10        water/sewer H-4, water/sewer H-6, sign maker/hanger
11        H-4, sign maker/hanger H-6, roadway lighting H-4,
12        roadway lighting H-6, structural H-4, structural H-6,
13        painter H-4, or painter H-6; and whose principal
14        responsibility is to perform, on the roadway, the
15        actual maintenance necessary to keep the Authority's
16        tollways in serviceable condition for vehicular
17        traffic.
18        (19) The term "security employee of the Department of
19    Innovation and Technology" means a person who was a
20    security employee of the Department of Corrections or the
21    Department of Juvenile Justice, was transferred to the
22    Department of Innovation and Technology pursuant to
23    Executive Order 2016-01, and continues to perform similar
24    job functions under that Department.
25        (20) "Transferred employee" means an employee who was
26    transferred to the Department of Central Management

 

 

HB4870 Engrossed- 39 -LRB103 38342 RPS 68477 b

1    Services by Executive Order No. 2003-10 or Executive Order
2    No. 2004-2 or transferred to the Department of Innovation
3    and Technology by Executive Order No. 2016-1, or both, and
4    was entitled to eligible creditable service for services
5    immediately preceding the transfer.
6    (d) A security employee of the Department of Corrections
7or the Department of Juvenile Justice, a security employee of
8the Department of Human Services who is not a mental health
9police officer, and a security employee of the Department of
10Innovation and Technology shall not be eligible for the
11alternative retirement annuity provided by this Section unless
12he or she meets the following minimum age and service
13requirements at the time of retirement:
14        (i) 25 years of eligible creditable service and age
15    55; or
16        (ii) beginning January 1, 1987, 25 years of eligible
17    creditable service and age 54, or 24 years of eligible
18    creditable service and age 55; or
19        (iii) beginning January 1, 1988, 25 years of eligible
20    creditable service and age 53, or 23 years of eligible
21    creditable service and age 55; or
22        (iv) beginning January 1, 1989, 25 years of eligible
23    creditable service and age 52, or 22 years of eligible
24    creditable service and age 55; or
25        (v) beginning January 1, 1990, 25 years of eligible
26    creditable service and age 51, or 21 years of eligible

 

 

HB4870 Engrossed- 40 -LRB103 38342 RPS 68477 b

1    creditable service and age 55; or
2        (vi) beginning January 1, 1991, 25 years of eligible
3    creditable service and age 50, or 20 years of eligible
4    creditable service and age 55.
5    Persons who have service credit under Article 16 of this
6Code for service as a security employee of the Department of
7Corrections or the Department of Juvenile Justice, or the
8Department of Human Services in a position requiring
9certification as a teacher may count such service toward
10establishing their eligibility under the service requirements
11of this Section; but such service may be used only for
12establishing such eligibility, and not for the purpose of
13increasing or calculating any benefit.
14    (e) If a member enters military service while working in a
15position in which eligible creditable service may be earned,
16and returns to State service in the same or another such
17position, and fulfills in all other respects the conditions
18prescribed in this Article for credit for military service,
19such military service shall be credited as eligible creditable
20service for the purposes of the retirement annuity prescribed
21in this Section.
22    (f) For purposes of calculating retirement annuities under
23this Section, periods of service rendered after December 31,
241968 and before October 1, 1975 as a covered employee in the
25position of special agent, conservation police officer, mental
26health police officer, or investigator for the Secretary of

 

 

HB4870 Engrossed- 41 -LRB103 38342 RPS 68477 b

1State, shall be deemed to have been service as a noncovered
2employee, provided that the employee pays to the System prior
3to retirement an amount equal to (1) the difference between
4the employee contributions that would have been required for
5such service as a noncovered employee, and the amount of
6employee contributions actually paid, plus (2) if payment is
7made after July 31, 1987, regular interest on the amount
8specified in item (1) from the date of service to the date of
9payment.
10    For purposes of calculating retirement annuities under
11this Section, periods of service rendered after December 31,
121968 and before January 1, 1982 as a covered employee in the
13position of investigator for the Department of Revenue shall
14be deemed to have been service as a noncovered employee,
15provided that the employee pays to the System prior to
16retirement an amount equal to (1) the difference between the
17employee contributions that would have been required for such
18service as a noncovered employee, and the amount of employee
19contributions actually paid, plus (2) if payment is made after
20January 1, 1990, regular interest on the amount specified in
21item (1) from the date of service to the date of payment.
22    (g) A State policeman may elect, not later than January 1,
231990, to establish eligible creditable service for up to 10
24years of his service as a policeman under Article 3, by filing
25a written election with the Board, accompanied by payment of
26an amount to be determined by the Board, equal to (i) the

 

 

HB4870 Engrossed- 42 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 43 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 44 -LRB103 38342 RPS 68477 b

1sheriff's law enforcement employee under Article 7, a member
2of the county police department under Article 9, or a police
3officer under Article 15 by filing a written election with the
4Board and paying to the System an amount to be determined by
5the Board, equal to (i) the difference between the amount of
6employee and employer contributions transferred to the System
7under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
8and the amounts that would have been contributed had such
9contributions been made at the rates applicable to State
10policemen, plus (ii) interest thereon at the effective rate
11for each year, compounded annually, from the date of service
12to the date of payment.
13    Subject to the limitation in subsection (i), an
14investigator for the Office of the Attorney General, or an
15investigator for the Department of Revenue, may elect to
16establish eligible creditable service for up to 5 years of
17service as a police officer under Article 3, a policeman under
18Article 5, a sheriff's law enforcement employee under Article
197, or a member of the county police department under Article 9
20by filing a written election with the Board within 6 months
21after August 25, 2009 (the effective date of Public Act
2296-745) and paying to the System an amount to be determined by
23the Board, equal to (i) the difference between the amount of
24employee and employer contributions transferred to the System
25under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
26amounts that would have been contributed had such

 

 

HB4870 Engrossed- 45 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 46 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 47 -LRB103 38342 RPS 68477 b

1contributions transferred to the System under Sections 7-139.8
2and 9-121.10 and the amounts that would have been contributed
3had such contributions been made at the rates applicable to
4State policemen, plus (ii) interest thereon at the actuarially
5assumed rate for each year, compounded annually, from the date
6of service to the date of payment.
7    Subject to the limitation in subsection (i), an
8investigator for the Department of Revenue, investigator for
9the Illinois Gaming Board, investigator for the Secretary of
10State, or arson investigator may elect to establish eligible
11creditable service for up to 5 years of service as a person
12employed by a participating municipality to perform police
13duties under Article 7, a county corrections officer, a court
14services officer under Article 9, or a firefighter under
15Article 4 by filing a written election with the Board within 6
16months after the effective date of this amendatory Act of the
17102nd General Assembly and paying to the System an amount to be
18determined by the Board equal to (i) the difference between
19the amount of employee and employer contributions transferred
20to the System under Sections 4-108.8, 7-139.8, and 9-121.10
21and the amounts that would have been contributed had such
22contributions been made at the rates applicable to State
23policemen, plus (ii) interest thereon at the actuarially
24assumed rate for each year, compounded annually, from the date
25of service to the date of payment.
26    Notwithstanding the limitation in subsection (i), a State

 

 

HB4870 Engrossed- 48 -LRB103 38342 RPS 68477 b

1policeman or conservation police officer may elect to convert
2service credit earned under this Article to eligible
3creditable service, as defined by this Section, by filing a
4written election with the board within 6 months after July 30,
52021 (the effective date of Public Act 102-210) and paying to
6the System an amount to be determined by the Board equal to (i)
7the difference between the amount of employee contributions
8originally paid for that service and the amounts that would
9have been contributed had such contributions been made at the
10rates applicable to State policemen, plus (ii) the difference
11between the employer's normal cost of the credit prior to the
12conversion authorized by Public Act 102-210 and the employer's
13normal cost of the credit converted in accordance with Public
14Act 102-210, plus (iii) interest thereon at the actuarially
15assumed rate for each year, compounded annually, from the date
16of service to the date of payment.
17    Notwithstanding the limitation in subsection (i), an
18investigator for the Department of Revenue, investigator for
19the Illinois Gaming Board, investigator for the Secretary of
20State, or arson investigator may elect to convert service
21credit earned under this Article to eligible creditable
22service, as defined by this Section, by filing a written
23election with the Board within 6 months after the effective
24date of this amendatory Act of the 102nd General Assembly and
25paying to the System an amount to be determined by the Board
26equal to (i) the difference between the amount of employee

 

 

HB4870 Engrossed- 49 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 50 -LRB103 38342 RPS 68477 b

1transferred to the System under Section 3-110.6 or 7-139.8,
2and the amounts that would have been contributed had such
3contributions been made at the rates applicable to State
4policemen, plus (2) interest thereon at the effective rate for
5each year, compounded annually, from the date of service to
6the date of payment.
7    (k) Subject to the limitation in subsection (i) of this
8Section, an alternative formula employee may elect to
9establish eligible creditable service for periods spent as a
10full-time law enforcement officer or full-time corrections
11officer employed by the federal government or by a state or
12local government located outside of Illinois, for which credit
13is not held in any other public employee pension fund or
14retirement system. To obtain this credit, the applicant must
15file a written application with the Board by March 31, 1998,
16accompanied by evidence of eligibility acceptable to the Board
17and payment of an amount to be determined by the Board, equal
18to (1) employee contributions for the credit being
19established, based upon the applicant's salary on the first
20day as an alternative formula employee after the employment
21for which credit is being established and the rates then
22applicable to alternative formula employees, plus (2) an
23amount determined by the Board to be the employer's normal
24cost of the benefits accrued for the credit being established,
25plus (3) regular interest on the amounts in items (1) and (2)
26from the first day as an alternative formula employee after

 

 

HB4870 Engrossed- 51 -LRB103 38342 RPS 68477 b

1the employment for which credit is being established to the
2date of payment.
3    (l) Subject to the limitation in subsection (i), a
4security employee of the Department of Corrections may elect,
5not later than July 1, 1998, to establish eligible creditable
6service for up to 10 years of his or her service as a policeman
7under Article 3, by filing a written election with the Board,
8accompanied by payment of an amount to be determined by the
9Board, equal to (i) the difference between the amount of
10employee and employer contributions transferred to the System
11under Section 3-110.5, and the amounts that would have been
12contributed had such contributions been made at the rates
13applicable to security employees of the Department of
14Corrections, plus (ii) interest thereon at the effective rate
15for each year, compounded annually, from the date of service
16to the date of payment.
17    (l-5) Subject to the limitation in subsection (i) of this
18Section, a State policeman may elect to establish eligible
19creditable service for up to 5 years of service as a full-time
20law enforcement officer employed by the federal government or
21by a state or local government located outside of Illinois for
22which credit is not held in any other public employee pension
23fund or retirement system. To obtain this credit, the
24applicant must file a written application with the Board no
25later than 3 years after January 1, 2020 (the effective date of
26Public Act 101-610), accompanied by evidence of eligibility

 

 

HB4870 Engrossed- 52 -LRB103 38342 RPS 68477 b

1acceptable to the Board and payment of an amount to be
2determined by the Board, equal to (1) employee contributions
3for the credit being established, based upon the applicant's
4salary on the first day as an alternative formula employee
5after the employment for which credit is being established and
6the rates then applicable to alternative formula employees,
7plus (2) an amount determined by the Board to be the employer's
8normal cost of the benefits accrued for the credit being
9established, plus (3) regular interest on the amounts in items
10(1) and (2) from the first day as an alternative formula
11employee after the employment for which credit is being
12established to the date of payment.
13    (m) The amendatory changes to this Section made by Public
14Act 94-696 apply only to: (1) security employees of the
15Department of Juvenile Justice employed by the Department of
16Corrections before June 1, 2006 (the effective date of Public
17Act 94-696) and transferred to the Department of Juvenile
18Justice by Public Act 94-696; and (2) persons employed by the
19Department of Juvenile Justice on or after June 1, 2006 (the
20effective date of Public Act 94-696) who are required by
21subsection (b) of Section 3-2.5-15 of the Unified Code of
22Corrections to have any bachelor's or advanced degree from an
23accredited college or university or, in the case of persons
24who provide vocational training, who are required to have
25adequate knowledge in the skill for which they are providing
26the vocational training.

 

 

HB4870 Engrossed- 53 -LRB103 38342 RPS 68477 b

1    (n) A person employed in a position under subsection (b)
2of this Section who has purchased service credit under
3subsection (j) of Section 14-104 or subsection (b) of Section
414-105 in any other capacity under this Article may convert up
5to 5 years of that service credit into service credit covered
6under this Section by paying to the Fund an amount equal to (1)
7the additional employee contribution required under Section
814-133, plus (2) the additional employer contribution required
9under Section 14-131, plus (3) interest on items (1) and (2) at
10the actuarially assumed rate from the date of the service to
11the date of payment.
12    (o) Subject to the limitation in subsection (i), a
13conservation police officer, investigator for the Secretary of
14State, Commerce Commission police officer, investigator for
15the Department of Revenue or the Illinois Gaming Board, or
16arson investigator subject to subsection (g) of Section 1-160
17may elect to convert up to 8 years of service credit
18established before January 1, 2020 (the effective date of
19Public Act 101-610) as a conservation police officer,
20investigator for the Secretary of State, Commerce Commission
21police officer, investigator for the Department of Revenue or
22the Illinois Gaming Board, or arson investigator under this
23Article into eligible creditable service by filing a written
24election with the Board no later than one year after January 1,
252020 (the effective date of Public Act 101-610), accompanied
26by payment of an amount to be determined by the Board equal to

 

 

HB4870 Engrossed- 54 -LRB103 38342 RPS 68477 b

1(i) the difference between the amount of the employee
2contributions actually paid for that service and the amount of
3the employee contributions that would have been paid had the
4employee contributions been made as a noncovered employee
5serving in a position in which eligible creditable service, as
6defined in this Section, may be earned, plus (ii) interest
7thereon at the effective rate for each year, compounded
8annually, from the date of service to the date of payment.
9(Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
10102-856, eff. 1-1-23; 103-34, eff. 1-1-24.)
 
11    (Text of Section from P.A. 102-956 and 103-34)
12    Sec. 14-110. Alternative retirement annuity.
13    (a) Any member who has withdrawn from service with not
14less than 20 years of eligible creditable service and has
15attained age 55, and any member who has withdrawn from service
16with not less than 25 years of eligible creditable service and
17has attained age 50, regardless of whether the attainment of
18either of the specified ages occurs while the member is still
19in service, shall be entitled to receive at the option of the
20member, in lieu of the regular or minimum retirement annuity,
21a retirement annuity computed as follows:
22        (i) for periods of service as a noncovered employee:
23    if retirement occurs on or after January 1, 2001, 3% of
24    final average compensation for each year of creditable
25    service; if retirement occurs before January 1, 2001, 2

 

 

HB4870 Engrossed- 55 -LRB103 38342 RPS 68477 b

1    1/4% of final average compensation for each of the first
2    10 years of creditable service, 2 1/2% for each year above
3    10 years to and including 20 years of creditable service,
4    and 2 3/4% for each year of creditable service above 20
5    years; and
6        (ii) for periods of eligible creditable service as a
7    covered employee: if retirement occurs on or after January
8    1, 2001, 2.5% of final average compensation for each year
9    of creditable service; if retirement occurs before January
10    1, 2001, 1.67% of final average compensation for each of
11    the first 10 years of such service, 1.90% for each of the
12    next 10 years of such service, 2.10% for each year of such
13    service in excess of 20 but not exceeding 30, and 2.30% for
14    each year in excess of 30.
15    Such annuity shall be subject to a maximum of 75% of final
16average compensation if retirement occurs before January 1,
172001 or to a maximum of 80% of final average compensation if
18retirement occurs on or after January 1, 2001.
19    These rates shall not be applicable to any service
20performed by a member as a covered employee which is not
21eligible creditable service. Service as a covered employee
22which is not eligible creditable service shall be subject to
23the rates and provisions of Section 14-108.
24    (a-5) A member who is eligible to receive an alternative
25retirement annuity under this Section may elect to receive an
26estimated payment that shall commence no later than 30 days

 

 

HB4870 Engrossed- 56 -LRB103 38342 RPS 68477 b

1after the later of either the member's last day of employment
2or 30 days after the member files for the retirement benefit
3with the System. The estimated payment shall be the best
4estimate by the System of the total monthly amount due to the
5member based on the information that the System possesses at
6the time of the estimate. If the amount of the estimate is
7greater or less than the actual amount of the monthly annuity,
8the System shall pay or recover the difference within 6 months
9after the start of the monthly annuity.
10    (b) For the purpose of this Section, "eligible creditable
11service" means creditable service resulting from service in
12one or more of the following positions:
13        (1) State policeman;
14        (2) fire fighter in the fire protection service of a
15    department;
16        (3) air pilot;
17        (4) special agent;
18        (5) investigator for the Secretary of State;
19        (6) conservation police officer;
20        (7) investigator for the Department of Revenue or the
21    Illinois Gaming Board;
22        (8) security employee of the Department of Human
23    Services;
24        (9) Central Management Services security police
25    officer;
26        (10) security employee of the Department of

 

 

HB4870 Engrossed- 57 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 58 -LRB103 38342 RPS 68477 b

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

 

 

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1    Division of Patrol, 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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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.

 

 

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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

 

 

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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.

 

 

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

 

 

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

 

 

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

 

 

HB4870 Engrossed- 69 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 70 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 71 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 72 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 73 -LRB103 38342 RPS 68477 b

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

 

 

HB4870 Engrossed- 74 -LRB103 38342 RPS 68477 b

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

 

 

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1between the employer's normal cost of the credit prior to the
2conversion authorized by Public Act 102-210 and the employer's
3normal cost of the credit converted in accordance with Public
4Act 102-210, plus (iii) interest thereon at the actuarially
5assumed rate for each year, compounded annually, from the date
6of service to the date of payment.
7    (i) The total amount of eligible creditable service
8established by any person under subsections (g), (h), (j),
9(k), (l), (l-5), (o), and (p) of this Section shall not exceed
1012 years.
11    (j) Subject to the limitation in subsection (i), an
12investigator for the Office of the State's Attorneys Appellate
13Prosecutor or a controlled substance inspector may elect to
14establish eligible creditable service for up to 10 years of
15his service as a policeman under Article 3 or a sheriff's law
16enforcement employee under Article 7, by filing a written
17election with the Board, accompanied by payment of an amount
18to be determined by the Board, equal to (1) the difference
19between the amount of employee and employer contributions
20transferred to the System under Section 3-110.6 or 7-139.8,
21and the amounts that would have been contributed had such
22contributions been made at the rates applicable to State
23policemen, plus (2) interest thereon at the effective rate for
24each year, compounded annually, from the date of service to
25the date of payment.
26    (k) Subject to the limitation in subsection (i) of this

 

 

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

 

 

HB4870 Engrossed- 77 -LRB103 38342 RPS 68477 b

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

 

 

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

 

 

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

 

 

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1annually, from the date of service to the date of payment.
2    (p) Subject to the limitation in subsection (i), an
3investigator for the Office of the Attorney General subject to
4subsection (g) of Section 1-160 may elect to convert up to 8
5years of service credit established before the effective date
6of this amendatory Act of the 102nd General Assembly as an
7investigator for the Office of the Attorney General under this
8Article into eligible creditable service by filing a written
9election with the Board no later than one year after the
10effective date of this amendatory Act of the 102nd General
11Assembly, accompanied by payment of an amount to be determined
12by the Board equal to (i) the difference between the amount of
13the employee contributions actually paid for that service and
14the amount of the employee contributions that would have been
15paid had the employee contributions been made as a noncovered
16employee serving in a position in which eligible creditable
17service, as defined in this Section, may be earned, plus (ii)
18interest thereon at the effective rate for each year,
19compounded annually, from the date of service to the date of
20payment.
21(Source: P.A. 102-210, eff. 7-30-21; 102-538, eff. 8-20-21;
22102-956, eff. 5-27-22; 103-34, eff. 1-1-24.)
 
23    (40 ILCS 5/14-152.1)
24    Sec. 14-152.1. Application and expiration of new benefit
25increases.

 

 

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1    (a) As used in this Section, "new benefit increase" means
2an increase in the amount of any benefit provided under this
3Article, or an expansion of the conditions of eligibility for
4any benefit under this Article, that results from an amendment
5to this Code that takes effect after June 1, 2005 (the
6effective date of Public Act 94-4). "New benefit increase",
7however, does not include any benefit increase resulting from
8the changes made to Article 1 or this Article by Public Act
996-37, Public Act 100-23, Public Act 100-587, Public Act
10100-611, Public Act 101-10, Public Act 101-610, Public Act
11102-210, Public Act 102-856, Public Act 102-956, or this
12amendatory Act of the 103rd General Assembly this amendatory
13Act of the 102nd General Assembly.
14    (b) Notwithstanding any other provision of this Code or
15any subsequent amendment to this Code, every new benefit
16increase is subject to this Section and shall be deemed to be
17granted only in conformance with and contingent upon
18compliance with the provisions of this Section.
19    (c) The Public Act enacting a new benefit increase must
20identify and provide for payment to the System of additional
21funding at least sufficient to fund the resulting annual
22increase in cost to the System as it accrues.
23    Every new benefit increase is contingent upon the General
24Assembly providing the additional funding required under this
25subsection. The Commission on Government Forecasting and
26Accountability shall analyze whether adequate additional

 

 

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1funding has been provided for the new benefit increase and
2shall report its analysis to the Public Pension Division of
3the Department of Insurance. A new benefit increase created by
4a Public Act that does not include the additional funding
5required under this subsection is null and void. If the Public
6Pension Division determines that the additional funding
7provided for a new benefit increase under this subsection is
8or has become inadequate, it may so certify to the Governor and
9the State Comptroller and, in the absence of corrective action
10by the General Assembly, the new benefit increase shall expire
11at the end of the fiscal year in which the certification is
12made.
13    (d) Every new benefit increase shall expire 5 years after
14its effective date or on such earlier date as may be specified
15in the language enacting the new benefit increase or provided
16under subsection (c). This does not prevent the General
17Assembly from extending or re-creating a new benefit increase
18by law.
19    (e) Except as otherwise provided in the language creating
20the new benefit increase, a new benefit increase that expires
21under this Section continues to apply to persons who applied
22and qualified for the affected benefit while the new benefit
23increase was in effect and to the affected beneficiaries and
24alternate payees of such persons, but does not apply to any
25other person, including, without limitation, a person who
26continues in service after the expiration date and did not

 

 

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1apply and qualify for the affected benefit while the new
2benefit increase was in effect.
3(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
4101-610, eff. 1-1-20; 102-210, eff. 7-30-21; 102-856, eff.
51-1-23; 102-956, eff. 5-27-22.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.