Full Text of SB0208 101st General Assembly
SB0208 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB0208 Introduced 1/31/2019, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/1-160 | | 40 ILCS 5/14-110 | from Ch. 108 1/2, par. 14-110 |
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Amends the General Provisions and State Employees Articles of the Illinois Pension Code. Provides that the alternative retirement annuity under the State Employees Article applies to a conservation police officer subject to the Tier 2 provisions. Provides that a conservation police officer subject to the Tier 2 provisions may convert up to 8 years of service credit established before the effective date of the amendatory Act as a conservation police officer under the State Employees Article into eligible creditable service by filing a written election with the Board under that Article, accompanied by a specified payment. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | SB0208 | | LRB101 05036 RPS 50046 b |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Sections 1-160 and 14-110 as follows:
| 6 | | (40 ILCS 5/1-160)
| 7 | | Sec. 1-160. Provisions applicable to new hires. | 8 | | (a) The provisions of this Section apply to a person who, | 9 | | on or after January 1, 2011, first becomes a member or a | 10 | | participant under any reciprocal retirement system or pension | 11 | | fund established under this Code, other than a retirement | 12 | | system or pension fund established under Article 2, 3, 4, 5, 6, | 13 | | 15 or 18 of this Code, notwithstanding any other provision of | 14 | | this Code to the contrary, but do not apply to any self-managed | 15 | | plan established under this Code, to any person with respect to | 16 | | service as a sheriff's law enforcement employee under Article | 17 | | 7, or to any participant of the retirement plan established | 18 | | under Section 22-101. Notwithstanding anything to the contrary | 19 | | in this Section, for purposes of this Section, a person who | 20 | | participated in a retirement system under Article 15 prior to | 21 | | January 1, 2011 shall be deemed a person who first became a | 22 | | member or participant prior to January 1, 2011 under any | 23 | | retirement system or pension fund subject to this Section. The |
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| 1 | | changes made to this Section by Public Act 98-596 are a | 2 | | clarification of existing law and are intended to be | 3 | | retroactive to January 1, 2011 (the effective date of Public | 4 | | Act 96-889), notwithstanding the provisions of Section 1-103.1 | 5 | | of this Code. | 6 | | This Section does not apply to a person who first becomes a | 7 | | noncovered employee under Article 14 on or after the | 8 | | implementation date of the plan created under Section 1-161 for | 9 | | that Article, unless that person elects under subsection (b) of | 10 | | Section 1-161 to instead receive the benefits provided under | 11 | | this Section and the applicable provisions of that Article. | 12 | | This Section does not apply to a person who first becomes a | 13 | | member or participant under Article 16 on or after the | 14 | | implementation date of the plan created under Section 1-161 for | 15 | | that Article, unless that person elects under subsection (b) of | 16 | | Section 1-161 to instead receive the benefits provided under | 17 | | this Section and the applicable provisions of that Article. | 18 | | This Section does not apply to a person who elects under | 19 | | subsection (c-5) of Section 1-161 to receive the benefits under | 20 | | Section 1-161. | 21 | | This Section does not apply to a person who first becomes a | 22 | | member or participant of an affected pension fund on or after 6 | 23 | | months after the resolution or ordinance date, as defined in | 24 | | Section 1-162, unless that person elects under subsection (c) | 25 | | of Section 1-162 to receive the benefits provided under this | 26 | | Section and the applicable provisions of the Article under |
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| 1 | | which he or she is a member or participant. | 2 | | (b) "Final average salary" means the average monthly (or | 3 | | annual) salary obtained by dividing the total salary or | 4 | | earnings calculated under the Article applicable to the member | 5 | | or participant during the 96 consecutive months (or 8 | 6 | | consecutive years) of service within the last 120 months (or 10 | 7 | | years) of service in which the total salary or earnings | 8 | | calculated under the applicable Article was the highest by the | 9 | | number of months (or years) of service in that period. For the | 10 | | purposes of a person who first becomes a member or participant | 11 | | of any retirement system or pension fund to which this Section | 12 | | applies on or after January 1, 2011, in this Code, "final | 13 | | average salary" shall be substituted for the following: | 14 | | (1) In Article 7 (except for service as sheriff's law | 15 | | enforcement employees), "final rate of earnings". | 16 | | (2) In Articles 8, 9, 10, 11, and 12, "highest average | 17 | | annual salary for any 4 consecutive years within the last | 18 | | 10 years of service immediately preceding the date of | 19 | | withdrawal". | 20 | | (3) In Article 13, "average final salary". | 21 | | (4) In Article 14, "final average compensation". | 22 | | (5) In Article 17, "average salary". | 23 | | (6) In Section 22-207, "wages or salary received by him | 24 | | at the date of retirement or discharge". | 25 | | (b-5) Beginning on January 1, 2011, for all purposes under | 26 | | this Code (including without limitation the calculation of |
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| 1 | | benefits and employee contributions), the annual earnings, | 2 | | salary, or wages (based on the plan year) of a member or | 3 | | participant to whom this Section applies shall not exceed | 4 | | $106,800; however, that amount shall annually thereafter be | 5 | | increased by the lesser of (i) 3% of that amount, including all | 6 | | previous adjustments, or (ii) one-half the annual unadjusted | 7 | | percentage increase (but not less than zero) in the consumer | 8 | | price index-u
for the 12 months ending with the September | 9 | | preceding each November 1, including all previous adjustments. | 10 | | For the purposes of this Section, "consumer price index-u" | 11 | | means
the index published by the Bureau of Labor Statistics of | 12 | | the United States
Department of Labor that measures the average | 13 | | change in prices of goods and
services purchased by all urban | 14 | | consumers, United States city average, all
items, 1982-84 = | 15 | | 100. The new amount resulting from each annual adjustment
shall | 16 | | be determined by the Public Pension Division of the Department | 17 | | of Insurance and made available to the boards of the retirement | 18 | | systems and pension funds by November 1 of each year. | 19 | | (c) A member or participant is entitled to a retirement
| 20 | | annuity upon written application if he or she has attained age | 21 | | 67 (beginning January 1, 2015, age 65 with respect to service | 22 | | under Article 12 of this Code that is subject to this Section) | 23 | | and has at least 10 years of service credit and is otherwise | 24 | | eligible under the requirements of the applicable Article. | 25 | | A member or participant who has attained age 62 (beginning | 26 | | January 1, 2015, age 60 with respect to service under Article |
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| 1 | | 12 of this Code that is subject to this Section) and has at | 2 | | least 10 years of service credit and is otherwise eligible | 3 | | under the requirements of the applicable Article may elect to | 4 | | receive the lower retirement annuity provided
in subsection (d) | 5 | | of this Section. | 6 | | (c-5) A person who first becomes a member or a participant | 7 | | under Article 8 or Article 11 of this Code on or after the | 8 | | effective date of this amendatory Act of the 100th General | 9 | | Assembly, notwithstanding any other provision of this Code to | 10 | | the contrary, is entitled to a retirement annuity upon written | 11 | | application if he or she has attained age 65 and has at least | 12 | | 10 years of service credit under Article 8 or Article 11 of | 13 | | this Code and is otherwise eligible under the requirements of | 14 | | Article 8 or Article 11 of this Code, whichever is applicable. | 15 | | (d) The retirement annuity of a member or participant who | 16 | | is retiring after attaining age 62 (beginning January 1, 2015, | 17 | | age 60 with respect to service under Article 12 of this Code | 18 | | that is subject to this Section) with at least 10 years of | 19 | | service credit shall be reduced by one-half
of 1% for each full | 20 | | month that the member's age is under age 67 (beginning January | 21 | | 1, 2015, age 65 with respect to service under Article 12 of | 22 | | this Code that is subject to this Section). | 23 | | (d-5) The retirement annuity of a person who first becomes | 24 | | a member or a participant under Article 8 or Article 11 of this | 25 | | Code on or after the effective date of this amendatory Act of | 26 | | the 100th General Assembly who is retiring at age 60 with at |
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| 1 | | least 10 years of service credit under Article 8 or Article 11 | 2 | | shall be reduced by one-half of 1% for each full month that the | 3 | | member's age is under age 65. | 4 | | (d-10) Each person who first became a member or participant | 5 | | under Article 8 or Article 11 of this Code on or after January | 6 | | 1, 2011 and prior to the effective date of this amendatory Act | 7 | | of the 100th General Assembly shall make an irrevocable | 8 | | election either: | 9 | | (i) to be eligible for the reduced retirement age | 10 | | provided in subsections (c-5)
and (d-5) of this Section, | 11 | | the eligibility for which is conditioned upon the member or | 12 | | participant agreeing to the increases in employee | 13 | | contributions for age and service annuities provided in | 14 | | subsection (a-5) of Section 8-174 of this Code (for service | 15 | | under Article 8) or subsection (a-5) of Section 11-170 of | 16 | | this Code (for service under Article 11); or | 17 | | (ii) to not agree to item (i) of this subsection | 18 | | (d-10), in which case the member or participant shall | 19 | | continue to be subject to the retirement age provisions in | 20 | | subsections (c) and (d) of this Section and the employee | 21 | | contributions for age and service annuity as provided in | 22 | | subsection (a) of Section 8-174 of this Code (for service | 23 | | under Article 8) or subsection (a) of Section 11-170 of | 24 | | this Code (for service under Article 11). | 25 | | The election provided for in this subsection shall be made | 26 | | between October 1, 2017 and November 15, 2017. A person subject |
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| 1 | | to this subsection who makes the required election shall remain | 2 | | bound by that election. A person subject to this subsection who | 3 | | fails for any reason to make the required election within the | 4 | | time specified in this subsection shall be deemed to have made | 5 | | the election under item (ii). | 6 | | (e) Any retirement annuity or supplemental annuity shall be | 7 | | subject to annual increases on the January 1 occurring either | 8 | | on or after the attainment of age 67 (beginning January 1, | 9 | | 2015, age 65 with respect to service under Article 12 of this | 10 | | Code that is subject to this Section and beginning on the | 11 | | effective date of this amendatory Act of the 100th General | 12 | | Assembly, age 65 with respect to persons who: (i) first became | 13 | | members or participants under Article 8 or Article 11 of this | 14 | | Code on or after the effective date of this amendatory Act of | 15 | | the 100th General Assembly; or (ii) first became members or | 16 | | participants under Article 8 or Article 11 of this Code on or | 17 | | after January 1, 2011 and before the effective date of this | 18 | | amendatory Act of the 100th General Assembly and made the | 19 | | election under item (i) of subsection (d-10) of this Section) | 20 | | or the first anniversary of the annuity start date, whichever | 21 | | is later. Each annual increase shall be calculated at 3% or | 22 | | one-half the annual unadjusted percentage increase (but not | 23 | | less than zero) in the consumer price index-u for the 12 months | 24 | | ending with the September preceding each November 1, whichever | 25 | | is less, of the originally granted retirement annuity. If the | 26 | | annual unadjusted percentage change in the consumer price |
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| 1 | | index-u for the 12 months ending with the September preceding | 2 | | each November 1 is zero or there is a decrease, then the | 3 | | annuity shall not be increased. | 4 | | For the purposes of Section 1-103.1 of this Code, the | 5 | | changes made to this Section by this amendatory Act of the | 6 | | 100th General Assembly are applicable without regard to whether | 7 | | the employee was in active service on or after the effective | 8 | | date of this amendatory Act of the 100th General Assembly. | 9 | | (f) The initial survivor's or widow's annuity of an | 10 | | otherwise eligible survivor or widow of a retired member or | 11 | | participant who first became a member or participant on or | 12 | | after January 1, 2011 shall be in the amount of 66 2/3% of the | 13 | | retired member's or participant's retirement annuity at the | 14 | | date of death. In the case of the death of a member or | 15 | | participant who has not retired and who first became a member | 16 | | or participant on or after January 1, 2011, eligibility for a | 17 | | survivor's or widow's annuity shall be determined by the | 18 | | applicable Article of this Code. The initial benefit shall be | 19 | | 66 2/3% of the earned annuity without a reduction due to age. A | 20 | | child's annuity of an otherwise eligible child shall be in the | 21 | | amount prescribed under each Article if applicable. Any | 22 | | survivor's or widow's annuity shall be increased (1) on each | 23 | | January 1 occurring on or after the commencement of the annuity | 24 | | if
the deceased member died while receiving a retirement | 25 | | annuity or (2) in
other cases, on each January 1 occurring | 26 | | after the first anniversary
of the commencement of the annuity. |
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| 1 | | Each annual increase shall be calculated at 3% or one-half the | 2 | | annual unadjusted percentage increase (but not less than zero) | 3 | | in the consumer price index-u for the 12 months ending with the | 4 | | September preceding each November 1, whichever is less, of the | 5 | | originally granted survivor's annuity. If the annual | 6 | | unadjusted percentage change in the consumer price index-u for | 7 | | the 12 months ending with the September preceding each November | 8 | | 1 is zero or there is a decrease, then the annuity shall not be | 9 | | increased. | 10 | | (g) The benefits in Section 14-110 apply only if the person | 11 | | is a State policeman, a fire fighter in the fire protection | 12 | | service of a department, a conservation police officer, a | 13 | | security employee of the Department of Corrections or the | 14 | | Department of Juvenile Justice, or a security employee of the | 15 | | Department of Innovation and Technology, as those terms are | 16 | | defined in subsection (b) and subsection (c) of Section 14-110. | 17 | | A person who meets the requirements of this Section is entitled | 18 | | to an annuity calculated under the provisions of Section | 19 | | 14-110, in lieu of the regular or minimum retirement annuity, | 20 | | only if the person has withdrawn from service with not less | 21 | | than 20
years of eligible creditable service and has attained | 22 | | age 60, regardless of whether
the attainment of age 60 occurs | 23 | | while the person is
still in service. | 24 | | (h) If a person who first becomes a member or a participant | 25 | | of a retirement system or pension fund subject to this Section | 26 | | on or after January 1, 2011 is receiving a retirement annuity |
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| 1 | | or retirement pension under that system or fund and becomes a | 2 | | member or participant under any other system or fund created by | 3 | | this Code and is employed on a full-time basis, except for | 4 | | those members or participants exempted from the provisions of | 5 | | this Section under subsection (a) of this Section, then the | 6 | | person's retirement annuity or retirement pension under that | 7 | | system or fund shall be suspended during that employment. Upon | 8 | | termination of that employment, the person's retirement | 9 | | annuity or retirement pension payments shall resume and be | 10 | | recalculated if recalculation is provided for under the | 11 | | applicable Article of this Code. | 12 | | If a person who first becomes a member of a retirement | 13 | | system or pension fund subject to this Section on or after | 14 | | January 1, 2012 and is receiving a retirement annuity or | 15 | | retirement pension under that system or fund and accepts on a | 16 | | contractual basis a position to provide services to a | 17 | | governmental entity from which he or she has retired, then that | 18 | | person's annuity or retirement pension earned as an active | 19 | | employee of the employer shall be suspended during that | 20 | | contractual service. A person receiving an annuity or | 21 | | retirement pension under this Code shall notify the pension | 22 | | fund or retirement system from which he or she is receiving an | 23 | | annuity or retirement pension, as well as his or her | 24 | | contractual employer, of his or her retirement status before | 25 | | accepting contractual employment. A person who fails to submit | 26 | | such notification shall be guilty of a Class A misdemeanor and |
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| 1 | | required to pay a fine of $1,000. Upon termination of that | 2 | | contractual employment, the person's retirement annuity or | 3 | | retirement pension payments shall resume and, if appropriate, | 4 | | be recalculated under the applicable provisions of this Code. | 5 | | (i) (Blank). | 6 | | (j) In the case of a conflict between the provisions of | 7 | | this Section and any other provision of this Code, the | 8 | | provisions of this Section shall control.
| 9 | | (Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17; | 10 | | 100-563, eff. 12-8-17; 100-611, eff. 7-20-18.)
| 11 | | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 12 | | Sec. 14-110. Alternative retirement annuity.
| 13 | | (a) Any member who has withdrawn from service with not less | 14 | | than 20
years of eligible creditable service and has attained | 15 | | age 55, and any
member who has withdrawn from service with not | 16 | | less than 25 years of
eligible creditable service and has | 17 | | attained age 50, regardless of whether
the attainment of either | 18 | | of the specified ages occurs while the member is
still in | 19 | | service, shall be entitled to receive at the option of the | 20 | | member,
in lieu of the regular or minimum retirement annuity, a | 21 | | retirement annuity
computed as follows:
| 22 | | (i) for periods of service as a noncovered employee:
if | 23 | | retirement occurs on or after January 1, 2001, 3% of final
| 24 | | average compensation for each year of creditable service; | 25 | | if retirement occurs
before January 1, 2001, 2 1/4% of |
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| 1 | | final average compensation for each of the
first 10 years | 2 | | of creditable service, 2 1/2% for each year above 10 years | 3 | | to
and including 20 years of creditable service, and 2 3/4% | 4 | | for each year of
creditable service above 20 years; and
| 5 | | (ii) for periods of eligible creditable service as a | 6 | | covered employee:
if retirement occurs on or after January | 7 | | 1, 2001, 2.5% of final average
compensation for each year | 8 | | of creditable service; if retirement occurs before
January | 9 | | 1, 2001, 1.67% of final average compensation for each of | 10 | | the first
10 years of such service, 1.90% for each of the | 11 | | next 10 years of such service,
2.10% for each year of such | 12 | | service in excess of 20 but not exceeding 30, and
2.30% for | 13 | | each year in excess of 30.
| 14 | | Such annuity shall be subject to a maximum of 75% of final | 15 | | average
compensation if retirement occurs before January 1, | 16 | | 2001 or to a maximum
of 80% of final average compensation if | 17 | | retirement occurs on or after January
1, 2001.
| 18 | | These rates shall not be applicable to any service | 19 | | performed
by a member as a covered employee which is not | 20 | | eligible creditable service.
Service as a covered employee | 21 | | which is not eligible creditable service
shall be subject to | 22 | | the rates and provisions of Section 14-108.
| 23 | | (b) For the purpose of this Section, "eligible creditable | 24 | | service" means
creditable service resulting from service in one | 25 | | or more of the following
positions:
| 26 | | (1) State policeman;
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| 1 | | (2) fire fighter in the fire protection service of a | 2 | | department;
| 3 | | (3) air pilot;
| 4 | | (4) special agent;
| 5 | | (5) investigator for the Secretary of State;
| 6 | | (6) conservation police officer;
| 7 | | (7) investigator for the Department of Revenue or the | 8 | | Illinois Gaming Board;
| 9 | | (8) security employee of the Department of Human | 10 | | Services;
| 11 | | (9) Central Management Services security police | 12 | | officer;
| 13 | | (10) security employee of the Department of | 14 | | Corrections or the Department of Juvenile Justice;
| 15 | | (11) dangerous drugs investigator;
| 16 | | (12) investigator for the Department of State Police;
| 17 | | (13) investigator for the Office of the Attorney | 18 | | General;
| 19 | | (14) controlled substance inspector;
| 20 | | (15) investigator for the Office of the State's | 21 | | Attorneys Appellate
Prosecutor;
| 22 | | (16) Commerce Commission police officer;
| 23 | | (17) arson investigator;
| 24 | | (18) State highway maintenance worker;
| 25 | | (19) security employee of the Department of Innovation | 26 | | and Technology; or |
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| 1 | | (20) transferred employee. | 2 | | A person employed in one of the positions specified in this | 3 | | subsection is
entitled to eligible creditable service for | 4 | | service credit earned under this
Article while undergoing the | 5 | | basic police training course approved by the
Illinois Law | 6 | | Enforcement Training
Standards Board, if
completion of that | 7 | | training is required of persons serving in that position.
For | 8 | | the purposes of this Code, service during the required basic | 9 | | police
training course shall be deemed performance of the | 10 | | duties of the specified
position, even though the person is not | 11 | | a sworn peace officer at the time of
the training.
| 12 | | A person under paragraph (20) is entitled to eligible | 13 | | creditable service for service credit earned under this Article | 14 | | on and after his or her transfer by Executive Order No. | 15 | | 2003-10, Executive Order No. 2004-2, or Executive Order No. | 16 | | 2016-1. | 17 | | (c) For the purposes of this Section:
| 18 | | (1) The term "State policeman" includes any title or | 19 | | position
in the Department of State Police that is held by | 20 | | an individual employed
under the State Police Act.
| 21 | | (2) The term "fire fighter in the fire protection | 22 | | service of a
department" includes all officers in such fire | 23 | | protection service
including fire chiefs and assistant | 24 | | fire chiefs.
| 25 | | (3) The term "air pilot" includes any employee whose | 26 | | official job
description on file in the Department of |
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| 1 | | Central Management Services, or
in the department by which | 2 | | he is employed if that department is not covered
by the | 3 | | Personnel Code, states that his principal duty is the | 4 | | operation of
aircraft, and who possesses a pilot's license; | 5 | | however, the change in this
definition made by this | 6 | | amendatory Act of 1983 shall not operate to exclude
any | 7 | | noncovered employee who was an "air pilot" for the purposes | 8 | | of this
Section on January 1, 1984.
| 9 | | (4) The term "special agent" means any person who by | 10 | | reason of
employment by the Division of Narcotic Control, | 11 | | the Bureau of Investigation
or, after July 1, 1977, the | 12 | | Division of Criminal Investigation, the
Division of | 13 | | Internal Investigation, the Division of Operations, or any
| 14 | | other Division or organizational
entity in the Department | 15 | | of State Police is vested by law with duties to
maintain | 16 | | public order, investigate violations of the criminal law of | 17 | | this
State, enforce the laws of this State, make arrests | 18 | | and recover property.
The term "special agent" includes any | 19 | | title or position in the Department
of State Police that is | 20 | | held by an individual employed under the State
Police Act.
| 21 | | (5) The term "investigator for the Secretary of State" | 22 | | means any person
employed by the Office of the Secretary of | 23 | | State and vested with such
investigative duties as render | 24 | | him ineligible for coverage under the Social
Security Act | 25 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 26 | | 218(l)(1)
of that Act.
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| 1 | | A person who became employed as an investigator for the | 2 | | Secretary of
State between January 1, 1967 and December 31, | 3 | | 1975, and who has served as
such until attainment of age | 4 | | 60, either continuously or with a single break
in service | 5 | | of not more than 3 years duration, which break terminated | 6 | | before
January 1, 1976, shall be entitled to have his | 7 | | retirement annuity
calculated in accordance with | 8 | | subsection (a), notwithstanding
that he has less than 20 | 9 | | years of credit for such service.
| 10 | | (6) The term "Conservation Police Officer" means any | 11 | | person employed
by the Division of Law Enforcement of the | 12 | | Department of Natural Resources and
vested with such law | 13 | | enforcement duties as render him ineligible for coverage
| 14 | | under the Social Security Act by reason of Sections | 15 | | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 16 | | term "Conservation Police Officer" includes
the positions | 17 | | of Chief Conservation Police Administrator and Assistant
| 18 | | Conservation Police Administrator.
| 19 | | (7) The term "investigator for the Department of | 20 | | Revenue" means any
person employed by the Department of | 21 | | Revenue and vested with such
investigative duties as render | 22 | | him ineligible for coverage under the Social
Security Act | 23 | | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 24 | | 218(l)(1)
of that Act.
| 25 | | The term "investigator for the Illinois Gaming Board" | 26 | | means any
person employed as such by the Illinois Gaming |
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| 1 | | Board and vested with such
peace officer duties as render | 2 | | the person ineligible for coverage under the Social
| 3 | | Security Act by reason of Sections 218(d)(5)(A), | 4 | | 218(d)(8)(D), and 218(l)(1)
of that Act.
| 5 | | (8) The term "security employee of the Department of | 6 | | Human Services"
means any person employed by the Department | 7 | | of Human Services who (i) is
employed at the Chester Mental | 8 | | Health Center and has daily contact with the
residents | 9 | | thereof, (ii) is employed within a security unit at a | 10 | | facility
operated by the Department and has daily contact | 11 | | with the residents of the
security unit, (iii) is employed | 12 | | at a facility operated by the Department
that includes a | 13 | | security unit and is regularly scheduled to work at least
| 14 | | 50% of his or her working hours within that security unit, | 15 | | or (iv) is a mental health police officer.
"Mental health | 16 | | police officer" means any person employed by the Department | 17 | | of
Human Services in a position pertaining to the | 18 | | Department's mental health and
developmental disabilities | 19 | | functions who is vested with such law enforcement
duties as | 20 | | render the person ineligible for coverage under the Social | 21 | | Security
Act by reason of Sections 218(d)(5)(A), | 22 | | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 23 | | means that portion of a facility that is devoted to
the | 24 | | care, containment, and treatment of persons committed to | 25 | | the Department of
Human Services as sexually violent | 26 | | persons, persons unfit to stand trial, or
persons not |
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| 1 | | guilty by reason of insanity. With respect to past | 2 | | employment,
references to the Department of Human Services | 3 | | include its predecessor, the
Department of Mental Health | 4 | | and Developmental Disabilities.
| 5 | | The changes made to this subdivision (c)(8) by Public | 6 | | Act 92-14 apply to persons who retire on or after January | 7 | | 1,
2001, notwithstanding Section 1-103.1.
| 8 | | (9) "Central Management Services security police | 9 | | officer" means any
person employed by the Department of | 10 | | Central Management Services who is
vested with such law | 11 | | enforcement 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.
| 14 | | (10) For a member who first became an employee under | 15 | | this Article before July 1, 2005, the term "security | 16 | | employee of the Department of Corrections or the Department | 17 | | of Juvenile Justice"
means any employee of the Department | 18 | | of Corrections or the Department of Juvenile Justice or the | 19 | | former
Department of Personnel, and any member or employee | 20 | | of the Prisoner
Review Board, who has daily contact with | 21 | | inmates or youth by working within a
correctional facility | 22 | | or Juvenile facility operated by the Department of Juvenile | 23 | | Justice or who is a parole officer or an employee who has
| 24 | | direct contact with committed persons in the performance of | 25 | | his or her
job duties. For a member who first becomes an | 26 | | employee under this Article on or after July 1, 2005, the |
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| 1 | | term means an employee of the Department of Corrections or | 2 | | the Department of Juvenile Justice who is any of the | 3 | | following: (i) officially headquartered at a correctional | 4 | | facility or Juvenile facility operated by the Department of | 5 | | Juvenile Justice, (ii) a parole officer, (iii) a member of | 6 | | the apprehension unit, (iv) a member of the intelligence | 7 | | unit, (v) a member of the sort team, or (vi) an | 8 | | investigator.
| 9 | | (11) The term "dangerous drugs investigator" means any | 10 | | person who is
employed as such by the Department of Human | 11 | | Services.
| 12 | | (12) The term "investigator for the Department of State | 13 | | Police" means
a person employed by the Department of State | 14 | | Police who is vested under
Section 4 of the Narcotic | 15 | | Control Division Abolition Act with such
law enforcement | 16 | | powers as render him ineligible for coverage under the
| 17 | | Social Security Act by reason of Sections 218(d)(5)(A), | 18 | | 218(d)(8)(D) and
218(l)(1) of that Act.
| 19 | | (13) "Investigator for the Office of the Attorney | 20 | | General" means any
person who is employed as such by the | 21 | | Office of the Attorney General and
is vested with such | 22 | | investigative duties as render him ineligible for
coverage | 23 | | under the Social Security Act by reason of Sections | 24 | | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 25 | | the period before January 1,
1989, the term includes all | 26 | | persons who were employed as investigators by the
Office of |
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| 1 | | the Attorney General, without regard to social security | 2 | | status.
| 3 | | (14) "Controlled substance inspector" means any person | 4 | | who is employed
as such by the Department of Professional | 5 | | Regulation and is vested with such
law enforcement duties | 6 | | as render him 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. The term | 9 | | "controlled substance inspector" includes the Program
| 10 | | Executive of Enforcement and the Assistant Program | 11 | | Executive of Enforcement.
| 12 | | (15) The term "investigator for the Office of the | 13 | | State's Attorneys
Appellate Prosecutor" means a person | 14 | | employed in that capacity on a full
time basis under the | 15 | | authority of Section 7.06 of the State's Attorneys
| 16 | | Appellate Prosecutor's Act.
| 17 | | (16) "Commerce Commission police officer" means any | 18 | | person employed
by the Illinois Commerce Commission who is | 19 | | vested with such law
enforcement duties as render him | 20 | | ineligible for coverage under the Social
Security Act by | 21 | | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 22 | | 218(l)(1) of that Act.
| 23 | | (17) "Arson investigator" means any person who is | 24 | | employed as such by
the Office of the State Fire Marshal | 25 | | and is vested with such law enforcement
duties as render | 26 | | the person ineligible for coverage under the Social |
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| 1 | | Security
Act by reason of Sections 218(d)(5)(A), | 2 | | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 3 | | employed as an arson
investigator on January 1, 1995 and is | 4 | | no longer in service but not yet
receiving a retirement | 5 | | annuity may convert his or her creditable service for
| 6 | | employment as an arson investigator into eligible | 7 | | creditable service by paying
to the System the difference | 8 | | between the employee contributions actually paid
for that | 9 | | service and the amounts that would have been contributed if | 10 | | the
applicant were contributing at the rate applicable to | 11 | | persons with the same
social security status earning | 12 | | eligible creditable service on the date of
application.
| 13 | | (18) The term "State highway maintenance worker" means | 14 | | a person who is
either of the following:
| 15 | | (i) A person employed on a full-time basis by the | 16 | | Illinois
Department of Transportation in the position | 17 | | of
highway maintainer,
highway maintenance lead | 18 | | worker,
highway maintenance lead/lead worker,
heavy | 19 | | construction equipment operator,
power shovel | 20 | | operator, or
bridge mechanic; and
whose principal | 21 | | responsibility is to perform, on the roadway, the | 22 | | actual
maintenance necessary to keep the highways that | 23 | | form a part of the State
highway system in serviceable | 24 | | condition for vehicular traffic.
| 25 | | (ii) A person employed on a full-time basis by the | 26 | | Illinois
State Toll Highway Authority in the position |
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| 1 | | of
equipment operator/laborer H-4,
equipment | 2 | | operator/laborer H-6,
welder H-4,
welder H-6,
| 3 | | mechanical/electrical H-4,
mechanical/electrical H-6,
| 4 | | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 5 | | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 6 | | roadway lighting H-6,
structural H-4,
structural H-6,
| 7 | | painter H-4, or
painter H-6; and
whose principal | 8 | | responsibility is to perform, on the roadway, the | 9 | | actual
maintenance necessary to keep the Authority's | 10 | | tollways in serviceable condition
for vehicular | 11 | | traffic.
| 12 | | (19) The term "security employee of the Department of | 13 | | Innovation and Technology" means a person who was a | 14 | | security employee of the Department of Corrections or the | 15 | | Department of Juvenile Justice, was transferred to the | 16 | | Department of Innovation and Technology pursuant to | 17 | | Executive Order 2016-01, and continues to perform similar | 18 | | job functions under that Department. | 19 | | (20) "Transferred employee" means an employee who was | 20 | | transferred to the Department of Central Management | 21 | | Services by Executive Order No. 2003-10 or Executive Order | 22 | | No. 2004-2 or transferred to the Department of Innovation | 23 | | and Technology by Executive Order No. 2016-1, or both, and | 24 | | was entitled to eligible creditable service for services | 25 | | immediately preceding the transfer. | 26 | | (d) A security employee of the Department of Corrections or |
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| 1 | | the Department of Juvenile Justice, a security
employee of the | 2 | | Department of Human Services who is not a mental health police
| 3 | | officer, and a security employee of the Department of | 4 | | Innovation and Technology shall not be eligible for the | 5 | | alternative retirement annuity provided
by this Section unless | 6 | | he or she meets the following minimum age and service
| 7 | | requirements at the time of retirement:
| 8 | | (i) 25 years of eligible creditable service and age 55; | 9 | | or
| 10 | | (ii) beginning January 1, 1987, 25 years of eligible | 11 | | creditable service
and age 54, or 24 years of eligible | 12 | | creditable service and age 55; or
| 13 | | (iii) beginning January 1, 1988, 25 years of eligible | 14 | | creditable service
and age 53, or 23 years of eligible | 15 | | creditable service and age 55; or
| 16 | | (iv) beginning January 1, 1989, 25 years of eligible | 17 | | creditable service
and age 52, or 22 years of eligible | 18 | | creditable service and age 55; or
| 19 | | (v) beginning January 1, 1990, 25 years of eligible | 20 | | creditable service
and age 51, or 21 years of eligible | 21 | | creditable service and age 55; or
| 22 | | (vi) beginning January 1, 1991, 25 years of eligible | 23 | | creditable service
and age 50, or 20 years of eligible | 24 | | creditable service and age 55.
| 25 | | Persons who have service credit under Article 16 of this | 26 | | Code for service
as a security employee of the Department of |
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| 1 | | Corrections or the Department of Juvenile Justice, or the | 2 | | Department
of Human Services in a position requiring | 3 | | certification as a teacher may
count such service toward | 4 | | establishing their eligibility under the service
requirements | 5 | | of this Section; but such service may be used only for
| 6 | | establishing such eligibility, and not for the purpose of | 7 | | increasing or
calculating any benefit.
| 8 | | (e) If a member enters military service while working in a | 9 | | position in
which eligible creditable service may be earned, | 10 | | and returns to State
service in the same or another such | 11 | | position, and fulfills in all other
respects the conditions | 12 | | prescribed in this Article for credit for military
service, | 13 | | such military service shall be credited as eligible creditable
| 14 | | service for the purposes of the retirement annuity prescribed | 15 | | in this Section.
| 16 | | (f) For purposes of calculating retirement annuities under | 17 | | this
Section, periods of service rendered after December 31, | 18 | | 1968 and before
October 1, 1975 as a covered employee in the | 19 | | position of special agent,
conservation police officer, mental | 20 | | health police officer, or investigator
for the Secretary of | 21 | | State, shall be deemed to have been service as a
noncovered | 22 | | employee, provided that the employee pays to the System prior | 23 | | to
retirement an amount equal to (1) the difference between the | 24 | | employee
contributions that would have been required for such | 25 | | service as a
noncovered employee, and the amount of employee | 26 | | contributions actually
paid, plus (2) if payment is made after |
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| 1 | | July 31, 1987, regular interest
on the amount specified in item | 2 | | (1) from the date of service to the date
of payment.
| 3 | | For purposes of calculating retirement annuities under | 4 | | this Section,
periods of service rendered after December 31, | 5 | | 1968 and before January 1,
1982 as a covered employee in the | 6 | | position of investigator for the
Department of Revenue shall be | 7 | | deemed to have been service as a noncovered
employee, provided | 8 | | that the employee pays to the System prior to retirement
an | 9 | | amount equal to (1) the difference between the employee | 10 | | contributions
that would have been required for such service as | 11 | | a noncovered employee,
and the amount of employee contributions | 12 | | actually paid, plus (2) if payment
is made after January 1, | 13 | | 1990, regular interest on the amount specified in
item (1) from | 14 | | the date of service to the date of payment.
| 15 | | (g) A State policeman may elect, not later than January 1, | 16 | | 1990, to
establish eligible creditable service for up to 10 | 17 | | years of his service as
a policeman under Article 3, by filing | 18 | | a written election with the Board,
accompanied by payment of an | 19 | | amount to be determined by the Board, equal to
(i) the | 20 | | difference between the amount of employee and employer
| 21 | | contributions transferred to the System under Section 3-110.5, | 22 | | and the
amounts that would have been contributed had such | 23 | | contributions been made
at the rates applicable to State | 24 | | policemen, plus (ii) interest thereon at
the effective rate for | 25 | | each year, compounded annually, from the date of
service to the | 26 | | date of payment.
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| 1 | | Subject to the limitation in subsection (i), a State | 2 | | policeman may elect,
not later than July 1, 1993, to establish | 3 | | eligible creditable service for
up to 10 years of his service | 4 | | as a member of the County Police Department
under Article 9, by | 5 | | filing a written election with the Board, accompanied
by | 6 | | payment of an amount to be determined by the Board, equal to | 7 | | (i) the
difference between the amount of employee and employer | 8 | | contributions
transferred to the System under Section 9-121.10 | 9 | | and the amounts that would
have been contributed had those | 10 | | contributions been made at the rates
applicable to State | 11 | | policemen, plus (ii) interest thereon at the effective
rate for | 12 | | each year, compounded annually, from the date of service to the
| 13 | | date of payment.
| 14 | | (h) Subject to the limitation in subsection (i), a State | 15 | | policeman or
investigator for the Secretary of State may elect | 16 | | to establish eligible
creditable service for up to 12 years of | 17 | | his service as a policeman under
Article 5, by filing a written | 18 | | election with the Board on or before January
31, 1992, and | 19 | | paying to the System by January 31, 1994 an amount to be
| 20 | | determined by the Board, equal to (i) the difference between | 21 | | the amount of
employee and employer contributions transferred | 22 | | to the System under Section
5-236, and the amounts that would | 23 | | have been contributed had such
contributions been made at the | 24 | | rates applicable to State policemen, plus
(ii) interest thereon | 25 | | at the effective rate for each year, compounded
annually, from | 26 | | the date of service to the date of payment.
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| 1 | | Subject to the limitation in subsection (i), a State | 2 | | policeman,
conservation police officer, or investigator for | 3 | | the Secretary of State may
elect to establish eligible | 4 | | creditable service for up to 10 years of
service as a sheriff's | 5 | | law enforcement employee under Article 7, by filing
a written | 6 | | election with the Board on or before January 31, 1993, and | 7 | | paying
to the System by January 31, 1994 an amount to be | 8 | | determined by the Board,
equal to (i) the difference between | 9 | | the amount of employee and
employer contributions transferred | 10 | | to the System under Section
7-139.7, and the amounts that would | 11 | | have been contributed had such
contributions been made at the | 12 | | rates applicable to State policemen, plus
(ii) interest thereon | 13 | | at the effective rate for each year, compounded
annually, from | 14 | | the date of service to the date of payment.
| 15 | | Subject to the limitation in subsection (i), a State | 16 | | policeman,
conservation police officer, or investigator for | 17 | | the Secretary of State may
elect to establish eligible | 18 | | creditable service for up to 5 years of
service as a police | 19 | | officer under Article 3, a policeman under Article 5, a | 20 | | sheriff's law enforcement employee under Article 7, a member of | 21 | | the county police department under Article 9, or a police | 22 | | officer under Article 15 by filing
a written election with the | 23 | | Board and paying
to the System an amount to be determined by | 24 | | the Board,
equal to (i) the difference between the amount of | 25 | | employee and
employer contributions transferred to the System | 26 | | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
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| 1 | | and the amounts that would have been contributed had such
| 2 | | contributions been made at the rates applicable to State | 3 | | policemen, plus
(ii) interest thereon at the effective rate for | 4 | | each year, compounded
annually, from the date of service to the | 5 | | date of payment. | 6 | | Subject to the limitation in subsection (i), an | 7 | | investigator for the Office of the Attorney General, or an | 8 | | investigator for the Department of Revenue, may elect to | 9 | | establish eligible creditable service for up to 5 years of | 10 | | service as a police officer under Article 3, a policeman under | 11 | | Article 5, a sheriff's law enforcement employee under Article | 12 | | 7, or a member of the county police department under Article 9 | 13 | | by filing a written election with the Board within 6 months | 14 | | after August 25, 2009 (the effective date of Public Act 96-745) | 15 | | and paying to the System an amount to be determined by the | 16 | | Board, equal to (i) the difference between the amount of | 17 | | employee and employer contributions transferred to the System | 18 | | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the | 19 | | amounts that would have been contributed had such contributions | 20 | | been made at the rates applicable to State policemen, plus (ii) | 21 | | interest thereon at the actuarially assumed rate for each year, | 22 | | compounded annually, from the date of service to the date of | 23 | | payment. | 24 | | Subject to the limitation in subsection (i), a State | 25 | | policeman, conservation police officer, investigator for the | 26 | | Office of the Attorney General, an investigator for the |
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| 1 | | Department of Revenue, or investigator for the Secretary of | 2 | | State may elect to establish eligible creditable service for up | 3 | | to 5 years of service as a person employed by a participating | 4 | | municipality to perform police duties, or law enforcement | 5 | | officer employed on a full-time basis by a forest preserve | 6 | | district under Article 7, a county corrections officer, or a | 7 | | court services officer under Article 9, by filing a written | 8 | | election with the Board within 6 months after August 25, 2009 | 9 | | (the effective date of Public Act 96-745) and paying to the | 10 | | System an amount to be determined by the Board, equal to (i) | 11 | | the difference between the amount of employee and employer | 12 | | contributions transferred to the System under Sections 7-139.8 | 13 | | and 9-121.10 and the amounts that would have been contributed | 14 | | had such contributions been made at the rates applicable to | 15 | | State policemen, plus (ii) interest thereon at the actuarially | 16 | | assumed rate for each year, compounded annually, from the date | 17 | | of service to the date of payment. | 18 | | (i) The total amount of eligible creditable service | 19 | | established by any
person under subsections (g), (h), (j), (k), | 20 | | and (l) of this
Section shall not exceed 12 years.
| 21 | | (j) Subject to the limitation in subsection (i), an | 22 | | investigator for
the Office of the State's Attorneys Appellate | 23 | | Prosecutor or a controlled
substance inspector may elect to
| 24 | | establish eligible creditable service for up to 10 years of his | 25 | | service as
a policeman under Article 3 or a sheriff's law | 26 | | enforcement employee under
Article 7, by filing a written |
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| 1 | | election with the Board, accompanied by
payment of an amount to | 2 | | be determined by the Board, equal to (1) the
difference between | 3 | | the amount of employee and employer contributions
transferred | 4 | | to the System under Section 3-110.6 or 7-139.8, and the amounts
| 5 | | that would have been contributed had such contributions been | 6 | | made at the
rates applicable to State policemen, plus (2) | 7 | | interest thereon at the
effective rate for each year, | 8 | | compounded annually, from the date of service
to the date of | 9 | | payment.
| 10 | | (k) Subject to the limitation in subsection (i) of this | 11 | | Section, an
alternative formula employee may elect to establish | 12 | | eligible creditable
service for periods spent as a full-time | 13 | | law enforcement officer or full-time
corrections officer | 14 | | employed by the federal government or by a state or local
| 15 | | government located outside of Illinois, for which credit is not | 16 | | held in any
other public employee pension fund or retirement | 17 | | system. To obtain this
credit, the applicant must file a | 18 | | written application with the Board by March
31, 1998, | 19 | | accompanied by evidence of eligibility acceptable to the Board | 20 | | and
payment of an amount to be determined by the Board, equal | 21 | | to (1) employee
contributions for the credit being established, | 22 | | based upon the applicant's
salary on the first day as an | 23 | | alternative formula employee after the employment
for which | 24 | | credit is being established and the rates then applicable to
| 25 | | alternative formula employees, plus (2) an amount determined by | 26 | | the Board
to be the employer's normal cost of the benefits |
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| 1 | | accrued for the credit being
established, plus (3) regular | 2 | | interest on the amounts in items (1) and (2) from
the first day | 3 | | as an alternative formula employee after the employment for | 4 | | which
credit is being established to the date of payment.
| 5 | | (l) Subject to the limitation in subsection (i), a security | 6 | | employee of
the Department of Corrections may elect, not later | 7 | | than July 1, 1998, to
establish eligible creditable service for | 8 | | up to 10 years of his or her service
as a policeman under | 9 | | Article 3, by filing a written election with the Board,
| 10 | | accompanied by payment of an amount to be determined by the | 11 | | Board, equal to
(i) the difference between the amount of | 12 | | employee and employer contributions
transferred to the System | 13 | | under Section 3-110.5, and the amounts that would
have been | 14 | | contributed had such contributions been made at the rates | 15 | | applicable
to security employees of the Department of | 16 | | Corrections, plus (ii) interest
thereon at the effective rate | 17 | | for each year, compounded annually, from the date
of service to | 18 | | the date of payment.
| 19 | | (m) The amendatory changes to this Section made by this | 20 | | amendatory Act of the 94th General Assembly apply only to: (1) | 21 | | security employees of the Department of Juvenile Justice | 22 | | employed by the Department of Corrections before the effective | 23 | | date of this amendatory Act of the 94th General Assembly and | 24 | | transferred to the Department of Juvenile Justice by this | 25 | | amendatory Act of the 94th General Assembly; and (2) persons | 26 | | employed by the Department of Juvenile Justice on or after the |
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| 1 | | effective date of this amendatory Act of the 94th General | 2 | | Assembly who are required by subsection (b) of Section 3-2.5-15 | 3 | | of the Unified Code of Corrections to have any bachelor's or | 4 | | advanced degree from an accredited college or university or, in | 5 | | the case of persons who provide vocational training, who are | 6 | | required to have adequate knowledge in the skill for which they | 7 | | are providing the vocational training.
| 8 | | (n) A person employed in a position under subsection (b) of | 9 | | this Section who has purchased service credit under subsection | 10 | | (j) of Section 14-104 or subsection (b) of Section 14-105 in | 11 | | any other capacity under this Article may convert up to 5 years | 12 | | of that service credit into service credit covered under this | 13 | | Section by paying to the Fund an amount equal to (1) the | 14 | | additional employee contribution required under Section | 15 | | 14-133, plus (2) the additional employer contribution required | 16 | | under Section 14-131, plus (3) interest on items (1) and (2) at | 17 | | the actuarially assumed rate from the date of the service to | 18 | | the date of payment. | 19 | | (o) Subject to the limitation in subsection (i), a | 20 | | conservation police officer subject to subsection (g) of | 21 | | Section 1-160 may elect to convert up to 8 years of service | 22 | | credit established before the effective date of this amendatory | 23 | | Act of the 101st General Assembly as a conservation police | 24 | | officer under this Article into eligible creditable service by | 25 | | filing a written election with the Board, accompanied by | 26 | | payment of an amount to be determined by the Board equal to (i) |
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| 1 | | the difference between the amount of the employee contributions | 2 | | actually paid for that service and the amount of the employee | 3 | | contributions that would have been paid had the employee | 4 | | contributions been made as a conservation police officer under | 5 | | this Section who is not subject to Section 1-160, plus (ii) | 6 | | interest thereon at the effective rate for each year, | 7 | | compounded annually, from the date of service to the date of | 8 | | payment. | 9 | | (Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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